HomeMy WebLinkAbout05-17-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
MONDAY, MAY 17, 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. Community Development Commission Items
are on Pages 13 & 14.)
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 - eXIstmg litigation - pursuant to
Government Code Section 54956.9(a):
Shirley Allen, an individual v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 10287;
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1. Continued.
Ruby Howard v. City of San Bernardino, Redevelopment Agency of the
City of San Bernardino, et al. - San Bernardino Superior Court Case
No. SCVSS 95713;
California Bio-Mass et al. v. City of San Bernardino/Redevelopment
Agency - San Bernardino Superior Court Case No. SCVSS 083473;
The People of the State of California v. Highland Delmann Heights
Quality Water Supply Authority - San Bernardino Superior Court Case
No. SCVSS 104542;
Jonathan Smith v. City of San Bernardino, et al. - United States District
Court Case No. CV 98-1990 GAF (Ctx);
Michelle P. Arroyo v. City of San Bernardino, et al. - United States
District Court Case No. CV 02-8967 ABC (SHSx) - San Bernardino
Superior Court Case No. SCVSS 100619;
Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez,
et al. - United States District Court Case No. EDCV 02-142 RT
(SGLx);
Shirley J. Goodwin v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 98-66 R T (V APx).
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:
NMCP v. City of San Bernardino
MALDEF v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - ImtIatlOn of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
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1. Continued.
(Item Continued on Next Page)
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property:
Negotiating Parties:
Under Negotiation:
OLD TOWNE
2.
Property:
Negotiating Parties:
Under Negotiation:
MT. VERNON
3.
Property:
Negotiating Parties:
Under Negotiation:
24 7 West Third Street
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, property owners
and Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
Purchase price, terms and conditions
APN 0134-021-29
631 North G Street
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Willie
Wagoner, Jerry Wagoner and Rose Wagoner
Harris, property owners
Purchase price, terms and conditions
APN 0138-114-09
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Kathy T.
and Thang Pham, property owners
Purchase price, terms and conditions
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1. Continued.
(Item Continued on Next Page)
MEADOWBROOK
4.
5.
Property:
Negotiating Parties:
Under Negotiation:
Property:
Negotiating Parties:
Under Negotiation:
APN 0135-302-36, 0135-302-37
121 North Allen Street
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Sebastion
and Ynez Lechuga, property owners
Purchase price, terms and conditions
APN 0135-291-18, 0135-291-19
174 and 168 N. Allen Street
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Trinidad
Gonzalez, Joe Gammariello, Ricardo Montoya,
Valerie Montoya, Luis Gonzalez, Gilbert
Gonzalez, Rosie Hernandez, and Una (Lena)
Ugarte, property owners
Purchase price, terms and conditions
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
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
19, 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 and San Bernardino City Housing Authority, be
waived.
6. Council Minutes.
MOTION: That the minutes of the following meeting of the Mayor and
Common Council/Community Development Commission and the
San Bernardino City Housing Authority of the City of San
Bernardino be approved as submitted in typewritten form:
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April 5, 2004
(Distributed on 5/11/04)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated May 11, 2004, 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 May 11, 2004 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
9. Request for refund of Temporary Use Permit fee for 10th Annual Health Fair on
May 2, 2004 - Lucky Farms, Inc. (see Attached) (Cost to the City -- $361.75
from the General Fund. ) Ward 3
MOTION: That the request by the Tzu Chi Foundation and Lucky Farms,
Inc., for the refund of the Temporary Use Permit fee of $361. 75
paid in connection with their 10th Annual Health Fair scheduled
for Sunday, May 2, 2004, at 1194 Brier Drive, San Bernardino,
be approved.
10. Set dates and times for Fiscal Year 2004-2005 budget deliberations. (See
Attached)
MOTION: That the Mayor and Common Council set the following dates for
deliberation of the Fiscal Year 2004-05 City/EDA Budgets to be
held in the Economic Development Agency Board Room:
Wednesday, June 9, 2004 - 9:00 a.m.
Wednesday, June 16, 2004 - 3:30 p.m.
Tuesday, June 22, 2004 - 3:30 p.m.
Wednesday, June 30, 2004 - 5:30 p.m.
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City Clerk
11. Authorize budget amendment omitted at the May 3, 2004, meeting of the Mayor
and Common Council relative to an annual purchase order with Matich
Corporation to supply materials for roadway pavement repairs. (See Attached)
MOTION: That the Director of Finance be authorized to amend the FY
200312004 Public Services Street Budget and transfer $42,651
from FY 200312004 budget Account No. 001-402-5502,
Professional/Contractual Services into FY 200312004 budget
Account No. 001-402-5111, Materials and Supplies for an
increase of $114,651 for a purchase order total not to exceed
$139,551.
Development Services
12. Resolution of the City of San Bernardino amending Resolution No. 655 entitled,
in part, "A Resolution .. .designating certain streets, or portions thereof as
through highways..." and establishing a four way stop at the intersection of
Marshall Boulevard and "H" Street. (See Attached) (Cost to the City -- $800
from the General Fund.) (Resolution not available at time of printing.)
Ward 5
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Subdivision Tract No. 13630 - located at the
northeast corner of Belmont and Magnolia, accepting the public dedications as
set forth on said map; and authorizing execution of the standard form of
agreement for the improvements in said subdivision, with time for performance
specified. (See Attached) (No cost to the City.) (Resolution not available
at time of printing.) Ward 5
MOTION: That said resolution be adopted.
14. Resolution of the City of San Bernardino approving Amendment No. 1 to the
Five-year Capital Improvement Program (2003-2008) for Measure "I" Local
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Expenditures. (See Attached) (No cost to the City.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
Fire
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to the annual purchase order with Greenwood's
Uniforms for replacement of Class "B" Uniforms. (See Attached) (Cost to the
City -- $20,000 from the General Fund.) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order between the City of San
Bernardino and Diversified Metal Fabricators, Inc. for the purchase of bleachers
per RFP Bid Specification F03-021. (See Attached) (Cost to the City --
$38,500 from the Park Construction Fund.) (Resolution not available at
time of printing.) Wards 1, 4 & 6
MOTION: That said resolution be adopted.
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute Amendment No. 14 to the
Agreement between the City and Casa Ramona, Inc. relating to the operation of
a Drop-In Center located at 1524 West 7th Street, San Bernardino, California, to
extend the term of the Agreement for an additional one year period. (See
Attached) (Cost to the City - $50,800 from the General Fund.) (Resolution
not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
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18. Item Deleted.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute a Consultant Agreement
between the City of San Bernardino and Bruce C. Daniels to provide
management services at the San Bernardino Soccer Complex for the period of
June 1, 2004 through May 31, 2005. (Document and Resolution not available
at time of printing.) (Cost to the City - net benefit $75,000.) Ward 7
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2003-04 Parks, Recreation and
Community Services Soccer Field Budget and transfer $7,417
from FY 2003-04 budget Account No. 134-462-5011 Full time
Salaries into budget Account No. 134-462-5505.
END OF CONSENT CALENDAR
CONTINUED ITEMS
Development Services
CONTINUED FROM NOVEMBER 17, 2003
20. Final Map for Tentative Tract No. 14112 located northeasterly of the
intersection of Foothill Drive and Sterling Avenue. (New Staff Report Attached)
(Original backup material was distributed on December 3, 2001, Item No.
28; item was continued to March 4, 2002, Item No. 24; item was continued
to June 3,2002, Item No. 26; item was continued to December 2,2002, Item
No. 28; item was continued to January 21, 2003, Item No. 28; item was
continued to May 19, 2003, Item No. 12, item was continued to August 18,
2003, Item No. 27, and item was continued to November 17, 2003, Item No.
30.) Ward 4
MOTION #1:That the Mayor and Common Council deny continuance of Final
Map for Tentative Tract No. 14112; or
MOTION #2: That the Mayor and Common Council approve a final
continuance of the Final Map for Tentative Tract No. 14112 to
the meeting of November 15, 2004
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END OF CONTINUED ITEMS
STAFF REPORTS
City Clerk
21. 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.
Development Services
22. Resolution of the City of San Bernardino approving the Transportation
Expenditure Plan for the revenues expected to be derived from the proposed
continuation of Measure I. (See Attached) (No cost to the City.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
Mayor's Office
TO BE HEARD AT 7:00 P.M.
23 . Workshop to discuss and take possible action regarding the proposed new City
Charter. (Document not available at time of printing.)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino calling a special municipal election on a proposed new City
Charter and requesting that said City of San Bernardino's Special
Municipal Election be consolidated with the November 2, 2004,
Statewide Presidential Election conducted by the County of San
Bernardino. (Resolution not available at time of printing.)
B. Resolution of the City of San Bernardino proposing a new City Charter.
(Resolution not available at time of printing.)
C. Resolution of the City of San Bernardino submitting to the qualified
electors of said City a proposed new City Charter; transmission of the
proposed new City Charter of the Office of the City Attorney for
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purposes of preparation of an impartial analysis. (Resolution not
available at time of printing.
MOTION: That said resolutions A-C, be adopted.
END OF STAFF REPORTS
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, MAY 17, 2004 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
24. Appeal hearing - Planning Commission's approval of Conditional Use Permit
No. 04-02 to construct a 3,220 square foot fast-food restaurant with a drive-thru
at the southwest corner of Tippecanoe Avenue and Harriman Place in the CR-3
Commercial Regional Tri City/Club land use district. (See Attached) (No cost
to the City.) Ward 3
Appellant:
Frank A. Weiser
3460 Wilshire Blvd., Suite 903
Los Angeles, CA 90010
Applicant:
In- N -Out Burgers
13502 Hamburger Lane
Baldwin Park, CA 91706
Request/Location: Conditional Use Permit No. 04-02 is a request to permit
the construction of a 3,220 square foot fast-food restaurant with a drive-thru in
the HUB Project area located at the southwest corner of Tippecanoe Avenue and
Harriman Place in the CR-3, Commercial Regional Tri-City/Club land use
district.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; the appeal be denied, and that the
Planning Commission's approval of Conditional Use Permit No.
04-02 be upheld, based on the Findings of Fact contained in the
Planning Commission staff report dated April 6, 2004, subject to
the Conditions of Approval and Standard Requirements.
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TO BE HEARD AT 7:00 P.M.
25. Public hearing - General Plan Amendment No. 02-10 and Conditional Use
Permit No. 02-29 to change the land use district from OIP, Office Industrial
Park to CG-1, Commercial General and to expand a used vehicle dealership -
233-333 S. Waterman Avenue. (See Attached) Ward 1
Resolution of the City of San Bernardino adopting General Plan Amendment
No. 02-10 to the General Plan of the City of San Bernardino, to amend the
General Plan Land Use Designation from OIP, Office Industrial Park to CG-1,
Commercial General for five acres located on the east side of Waterman
Avenue, approximately 350 feet north of the Twin Creek Channel. (Resolution
not available at time of printing.)
Owner/Applicant:
Nader Sami
Sami & Sami, Inc.
305 S. W aterman Avenue
San Bernardino, CA 92408-1519
Request/Location: General Plan Amendment No. 02-10 to change the land use
designation on approximately 5 acres of land from OIP, Office Industrial Park
to CG-1, Commercial General and Conditional Use Permit No. 02-29 is a
request to expand the used vehicle dealership to include a new display building,
service area, and a retail and restaurant building. Sami & Sami, Inc., owns the
A-I Auto located at 233-333 S. Waterman Avenue. The project sites are
located on the east side of Waterman Avenue, north of Twin Creek Flood
Control Channel.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that said resolution be adopted; that
the Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Program be adopted; and Conditional Use
Permit No. 02-29 be approved based on the Findings of Fact in
the Planning Commission staff report, subject to the Conditions
of Approval (Attachment C) and Standard Requirements
(Attachment D).
END OF PLANNING ITEMS
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SAN BERNARDINO CITY HOUSING AUTHORITY
TO BE HEARD AT 7:00 P.M.
R26. Hearing - resolution of public interest and necessity for acquisition of real
property at 155 E. 2nd Street and 123 N. Sierra Way. (Document not available
at time of printing.) (Cost to the Agency - Approximately $33,000 from the
Low/Mod Housing Fund.) Ward 1
A. Resolution of the San Bernardino City Housing Authority declaring the
public interest and necessity of acquisition of real property by the San
Bernardino City Housing Authority over the property known (as) 123
North Sierra Way (APN 0135-292-35), San Bernardino, California in the
Inland Valley Redevelopment Project Area. (Resolution not available at
time of printing.)
B. Resolution of the San Bernardino City Housing Authority declaring the
public interest and necessity of acquisition of real property by the San
Bernardino City Housing Authority over the property known as 155 East
2nd Street (APN 0135-291-10), San Bernardino, California in the Inland
Valley Redevelopment Project Area. (Resolution not available at time
of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A &
B, be adopted.
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 7:00 P.M.
R27. Hearing - resolution of public interest and necessity for acquisition of real
property at 2072 and 2095 N. Newcomb Street. (Document not available at
time of printing.) (Cost to the Agency - Approximately $56,000 from the
CDBG Fund.) Ward 7
A Resolution of the Community Development Commission of the City of San
Bernardino declaring the public interest and necessity of acquisition of real
property by the Redevelopment Agency of the City of San Bernardino for
Community Redevelopment purposes over the property known as 2072 and 2095
N. Newcomb Street, San Bernardino, California (APN 1191-021-18 and 1191-
021-22) in the Inland Valley Redevelopment Project Area. (Resolution not
available at time of printing.)
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(Item Continued on Next Page)
R27. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
R28. Approval of 2004 Redevelopment Cooperation Agreement - Redevelopment
Agency of the City of San Bernardino and the San Bernardino City Housing
Authority. (Document not available at time of printing.) (No cost to the
Agency. ) Ward 1
(Community Development Commission)
A. A Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency to execute the 2004 Redevelopment Cooperation
Agreement by and between the Agency and the San Bernardino City
Housing Authority related to the Meadowbrook Neighborhood Single
Family Housing Development (Inland Valley Redevelopment Project
Area). (Resolution not available at time of printing.)
(San Bernardino City Housing Authority)
B. A Resolution of the San Bernardino City Housing Authority approving
and authorizing the Chairman of the Authority to execute the 2004
Redevelopment Cooperation Agreement by and between the
Redevelopment Agency of the City of San Bernardino and the Authority
related to the Meadowbrook Neighborhood Single Family Housing
Development (Inland Valley Redevelopment Project Area). (Resolution
not available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
29. 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.)
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30. 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.,
Monday, June 7, 2004, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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.
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Public comments will not be received on any item on the agenda when a public
hearing has been conducted and closed.
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