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HomeMy WebLinkAbout01-05-2004 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 5,2004 -1:30 P.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. CALL TO ORDER: PRESENT: ABSENT: PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and Community Development Commission recess to closed session for the following: A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): (Item Continued on Next Page) 1 01/05/2004 1. Continued. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Neighbors of San Manuel Tribe v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City v. San Manuel Band of Serrano Mission Indians D. Closed Session - personnel - pursuant to Government Code Section 54957 : E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. 1. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: HUB Properties, APN 0281-081-19 and 0281-081-20 Negotiating Parties: Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Kam Mie Nanney-Wong, Property Owner Under Negotiation: Purchase price, terms and conditions 2 01/05/2004 2. Property: Negotiating Parties: Under Negotiation: 3. Property: Negotiating Parties: Under Negotiation: 4. Property: Negotiating Parties: 5. Under Negotiation: Property: Negotiating Parties: Under Negotiation: 6. Property: Negotiating Parties: Under Negotiation: 7. Property: Negotiating Parties: Under Negotiation: 8. Property: Negotiating Parties: Under Negotiation: APN 0138-115-02 1307 Spruce Street Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Manuel Arriola and Hilaria Arriola, Property Owners Purchase price, terms and conditions APN 0138-115-03 542 N. Mt. Vernon Avenue Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Huldah Ann Raibon, Property Owner Purchase price, terms and conditions APN 0138-115-04 540 N. Mt. Vernon Avenue Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Frank Ruiz, If., Sandra Annette Alvarado and Adrienne A. Loa, Property Owners Purchase price, terms and conditions APN 0138-115-05 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Sandra Annette Alvarado and Adrienne A. Loa, Property Owners Purchase price, terms and conditions APN 0138-115-06 514 N. Mt. Vernon Avenue Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Dan Virgilio, Property Owner Purchase price, terms and conditions APN 0138-115-07 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Michael Patrick Allen and Brenda Lue Allen, Property Owners Purchase price, terms and conditions APN 0138-114-09 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Kathy T. Pham, Property Owner Purchase price, terms and conditions 3 01/05/2004 9. Property: Negotiating Parties: Under Negotiation: 10. Property: Negotiating Parties: Under Negotiation: APN 0138-114-10 522 N. Mt. Vernon Avenue Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Hak Y 001 Kim and Chang Mo Yang, Property Owners Purchase price, terms and conditions APN 0138-114-11 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Salvador Perez Llamas and Francisca Torres Guerrero, Property Owners Purchase price, terms and conditions END OF CLOSED SESSION 4 01/05/2004 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. 4. Announcements by Mayor and Common Council. All Consent Calendar items listed are considered to be routine by the City Council and will be enacted by one motion. There will be no separate discussion of these items unless a Council member or other interested persons so request, in which event the item will be removed from the Consent Calendar and considered in its nonnal sequence on the agenda. Infonnation concerning Consent Calendar items is available for public review. CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 10, be adopted except for _, _, _, _, and _' 5. Waive full reading of resolutions and ordinances. MOTION: That full reading of the resolutions and ordinances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common Council/Community Development Commission, be waived. 6. Council Minutes. (See Attached) MOTION: That the minutes of the following meetings of the Mayor and Common Council/Community Development Commission or the City of San Bernardino be approved as submitted in typewritten form: November 17, 2003 (Distributed 12/18/03) December 1, 2003 (Distributed 12/17/03) 5 01/05/2004 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated December 12, 2003, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated December 29, 2003 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. City Administrator's Office 9. Set public hearing to consider resolution adjusting various fees. (See Attached) MOTION: That the Mayor and Common Council set a public hearing for Tuesday, January 20, 2004, at 4:00 p.m. in the City Hall Council Chambers to consider adjusting various fees. Development Services 10. Development Permit Type 1 No. 03-140 and a Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 21 license (off-sale general) for La Palma Foods located at 1033 North Waterman Avenue. (See Attached) Ward 1 MOTION: That the Mayor and Common Council approve Development Permit type I No. 03-140 and determine that the public convenience or necessity is served and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control for a Type 21 license (off-sale general) for La Palma Foods located at 1003 North Waterman Avenue. END OF CONSENT CALENDAR 6 01/05/2004 COMMITTEE CONSENT Recommended for approval at Grants Committee on December 17, 2003 - Committee Members Present: McCammack and Estrada 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to apply for and administer a grant from the Urban Park Act of 2001 under the California Clean Water, Clean Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the development of four new soccer fields at Speicher Park. (See Attached) MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino endorsing application under the Mobile Source Air Pollution Reduction Review Committee by 2003-04 Local Government Match Program. (See Attached) MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT CONTINUED ITEMS Development Services CONTINUED FROM DECEMBER 15, 2003 13. Resolution of the City of San Bernardino approving a Services Agreement with Associated Engineers, Inc. for design of sanitary sewer main replacement in Arrowhead Avenue from Mill Street to Chandler Place. (Backup material was distributed on December 15, 2003, Item No. 13.) MOTION: That said resolution be adopted. Development Services CONTINUED FROM DECEMBER 15, 2003 14. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at the southwest comer of Porter Street and California Street (APN: 0268-291-16). (Backup material was distributed on December 15, 2003, Item No. 17.) (Item Continued on Next Page) 7 01/05/2004 14. Continued. MOTION: That the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at the southwest comer of Porter Street and California Street; and that said resolution be adopted. Plannin~ CONTINUED FROM DECEMBER 15, 2003 15. Revised Findings of Fact to support denial of the Conditional Use Permit No. 01-09 - Extension of Time No. 03-06 - a request for a one-year extension of time to renovate an existing building to establish a 72-bed group home - 216 West 6th Street. (New Staff Report Attached) (Backup material was distributed on December 15, 2003, Item No. 31.) Ward 1 MOTION: That the Mayor and Common Council adopt the Findings of Fact supporting denial of Conditional Use Permit No. 01-09 (Extension of Time No. 03-06). Police CONTINUED FROM DECEMBER 15, 2003 16. Resolution of the Mayor and Common Council authorizing the execution of a Memorandum of Understanding with the Los Angeles County Sheriff's Department (for SCRRA - Metrolink) and the City of San Bernardino Police Department. (Backup material was distributed on December 15, 2003, Item No. 23.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Clerk 17. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)( 1). MOTION: That the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. 8 01/05/2004 18. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission on a matter not on the agenda. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. (Usually any items heard under this heading are referred to staff for further study, research, completion and/or future Council/Commission action.) 19. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, January 20, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 9 01/05/2004 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 10 01/05/2004