HomeMy WebLinkAbout09-15-2003 Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
MONDAY, SEPTEMBER 15, 2003 - 12:30 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 11-12.)
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 the 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):
City of San Bernardino Municipal Water Department v. United States
Department of the Army - United States District Court Case No. CV 96-
8867 & CV 96-5205;
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1. Continued.
Omana Gopal v. City of San Bernardino; John Cardillo; and Does 1 to
50, inclusive - San Bernardino Superior Court Case No. SCVSS 093295.
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 of San Bernardino v. Allan Steward and Gil Lara
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 Firefighters' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property Address:
HUB Properties, APN 0281-082-057
Negotiating Parties:
Gary Van Osdel, Executive Director,
on behalf of the Redevelopment Agency
and Vibhakerbhai Patel, property
owner
Under Negotiation:
Purchase price, terms & conditions
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony
B. Customer Service Quarterly Award (April-June 2003)
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
17, 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.
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09/15/2003
6. Council Minutes.
MOTION: That the minutes of the following meetings of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form:
July 21, 2003
August 4, 2003
August 18, 2003
(Distributed 9/9/03)
(Distributed 9/9/03)
(Distributed 9/9/03)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated September 2, 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 September 9, 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
LAID OVER FROM SEPTEMBER 2, 2003
9. An Ordinance of the City of San Bernardino amending Chapter 9.92.020 of the
San Bernardino Municipal Code concerning the qualifications of Administrative
Law Officers. FINAL READING (Backup material distributed on
September 2, 2003, Item No. 19.)
MOTION: That said ordinance be adopted.
Development Services
10. 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 2852 N. Macy Street (Muscoy Fire
Station No. 75). (See Attached) (No Cost to the City -- $1,000 Processing fee
paid by applicant.)
(Item Continued on Next Page)
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09/15/2003
10. Continued.
MOTION: That the Mayor and Common Council authorize the Director of
Development Services to initiate proceedings for the provision of
City sewer services outside the City boundaries for property
located at 2852 N. Macy Street (Muscoy Fire Station No. 75; and
that said resolution be adopted.
Facilities Mana~ement
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a contract and issuance of a purchase order to
Expanets of California, Inc. for the installation of a NEAXMAIL AD-40
voicemail system to the City's telephone system for the Facilities Management
Department in the amount of $39,120.00. (See Attached) (Cost to the City --
$39,120 from the Telephone Support Fund)
MOTION: That said resolution be adopted; and that the Mayor and Common
Council authorize the Director of Finance to carry over $39,120
in unexpended funds from FY 2002-2003 Telephone fund budget
Account No. 630-262-5703 to FY 2003-2004 Telephone budget
fund.
Fire
12. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to issue a purchase order to L. N. Curtis &
Sons in the amount of $63,897.13 for Self Contained Breathing Apparatus
(SCBA). (See Attached) (Cost to the City -- $63,897.13 from the Federal
and State Programs Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Purchasing Manager to issue a purchase order to Fitness
Appraisal, Inc. in the amount of $28,700.00 to perform physical baseline
evaluations for the Fire Department Wellness and Fitness Program. (Cost to
the City -- $28,350.00 from the Federal and State Programs Fund.)
(Document and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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09/15/2003
Human Resources
14. Resolution of the City of San Bernardino approving a Side Letter to Resolution
No. 2001-94, establishing a Compensation and Benefits Plan for the
Management/Confidential and Unclassified Employees, amending Section I,
PERS, Safety Employees, Subsection 5, for Police Safety Management. (Cost
to the City -- $30,824 from the General Fund.) (Document and Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino amending Resolution 6413, Section
Thirteen, Temporary/Part-time Employees, entitled, in part, "A
Resolution. . .establishing a basic compensation plan..." by updating information
codifying prior Council actions. (No cost to the City.) (Document and
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 Mayor or her designee to execute an Agreement with the San
Bernardino City Unified School District to provide contractual services for
after-school recreation programs at Cole Elementary School. (See Attached)
(No Cost to the City) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of the second option year of the contract between the
City of San Bernardino and Guzman Construction Co., for repair of sidewalks,
curbs, gutters, and driveways at various locations throughout the City of San
Bernardino. (See Attached) (Cost to the City -- $100,000 from the General
Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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09/15/2003
COMMITTEE CONSENT
Recommended for approval at the Grants Committee on Au~ust 26, 2003
Committee Members Present: McCammack, Anderson and Estrada
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Police Department to apply for and accept a Driving Under the
Influence (DUI) mini grant from the State of California Office of Traffic Safety
in the amount of $38,300. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
Public Services
CONTINUED FROM SEPTEMBER 2, 2003
19. A Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a contract between the South Coast Air
Quality Management District and the City of San Bernardino for the receipt of
grant funds in the amount of $143,208 for construction of the LNG-L/CNG
Fueling Station at the City Corporate Yard. (Backup material distributed on
August 18, Item No. 24; item continued from September 2, 2003, Item No.
18.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
Council Office
20. SCAG Visioning Project Update.
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09/15/2003
Development Services
21. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San
Bernardino Municipal Code to establish a thirty-five mile per hour speed limit
on Mountain Avenue between Lynwood Drive and Thirty-ninth Street. FIRST
READING (Cost to the City -- $800 from the General Fund.) Wards 4&7
MOTION: That said ordinance be laid over for final adoption.
22. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting the 200312004 through 200712008 Capital Improvement Program. (No
Cost to the City.) (Document and Resolution not available at time of
printing.)
All Wards
MOTION: That said resolution be adopted.
23. Resolution of the City of San Bernardino adopting the Five-Year Capital
Improvement Program (2003-2008) for Measure "I" Local Expenditures. (No
Cost to the City.) (Document and Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
24. An Ordinance of the City of San Bernardino amending Section l2.68.020A of
the San Bernardino Municipal Code relating to hours of use of public parks.
FIRST READING (Document and Ordinance not available at time of
printing.)
MOTION: That said ordinance be laid over for final adoption and that the
ordinance be referred to the Legislative Review Committee.
END OF STAFF REPORTS
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09/15/2003
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, SEPTEMBER 15, 2003 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
TO BE HEARD AT 7:00 P.M.
25. Public hearing - General Plan Amendment No. 02-11, Tentative Tract Map No.
16457 and Tentative Tract Map No. 15940; a request to change the land use
district from RE, Residential Estate, to RL, Residential Low, for two sites.
(See Attached) Ward 5
Resolution of the City of San Bernardino adopting General Plan Amendment
No. 02-11 to the General Plan of the City of San Bernardino, to amend the
General Plan Land Use Designations from RE, Residential Estate, to RL,
Residential Low, for 4.33 acres located at northwest corner of Palm and
Irvington Avenues and for the easterly 5.65 acres of a 10.35 acre parcel located
at the northeast corner of Palm and Irvington A venues. (Resolution not
available at time of printing.)
Owner/Applicant:
CDI - San Bernardino
22365 Barton Road, Suite 110
Grand Terrace, CA 92313
Request/Location: The applicant requested a General Plan Amendment No. 02-
11, Tentative Tract Map No. 16457 and Tentative Tract Map No. 15940 to
prepare two sites at the northwest and northeast corners of Palm and Irvington
Avenues for development. General Plan Amendment No. 02-11 would change
4.33 acres of land from RE, Residential Estate, to RL, Residential Low, at the
northwest corner of Palm and Irvington Avenues, and would change 5.65 acres
of a 10.35 acre parcel of land from RE, Residential Estate, to RL, Residential
Low, at the northeast corner of Palm and Irvington Avenues.
(Item Continued on Next Page)
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09/15/2003
25. Continued.
Tentative Tract Map No. 15940 would subdivide 13.73 acres into 41 single-
family residential lots with a minimum lot size of 10,800 square feet. Tentative
Tract Map No. 16457 would subdivide 15.56 acres into 47 single-family
residential lots with a minimum lot size of 10,800 square feet and dedicate
approximately 4.7 acres of remaining land to the City of San Bernardino to be
used as a local park.
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; that said resolution be adopted; that
the Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Program be adopted, and Tentative Tract
Map No. 16457 and Tentative Tract Map No. 15940 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); or
MOTION #2: That the hearing be closed; that General Plan Amendment No.
02-11, Tentative Tract Map No. 16457, and Tentative Tract Map
No. 15940 be denied and continued for two weeks for
Development Services to bring findings of fact to the Council.
TO BE HEARD AT 7:00 P.M.
26. Appeal of Planning Commission approval of Conditional Use Permit (CUP) No.
03-08 and Development Code Amendment (DCA) No. 03-02 - request to
construct a 3,220 square foot fast-food restaurant with a drive-thru located at the
southwest corner of Tippecanoe Avenue and Harriman Place. (See Attached)
Ward 3
Appellant:
Frank A. Weiser
3460 Wilshire Boulevard, Suite 903
Los Angeles, CA 90010
Applicant:
In- N -Out Burgers
13502 Hamburger Lane
Baldwin Park, CA 91706
Request/Location: Conditional Use Permit No. 03-08 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, land use district (Exhibit
A).
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09/15/2003
26. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and Common Council
deny the appeal and uphold the Planning Commission's approval
of Conditional Use Permit No. 03-08, based upon Findings of
Fact contained in Development Code Chapter 19.36, Conditional
Use Permits, Section 19.36.050.
END OF PLANNING ITEMS
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R27. Cooperation Agreement - Inland Valley Development Agency (IVDA), City of
San Bernardino and Redevelopment Agency (North Arden-Guthrie Area -
IVDA Project Area. (Document not available at time of printing.) (No cost to
the City) Ward 7
(Community Development Commission)
A. A Resolution of the Community Development Commission of the City of
San Bernardino ("Commission") authorizing the Chairperson of the
Commission to execute a Redevelopment Cooperation Agreement by
and among the Inland Valley Development Agency, the Redevelopment
Agency of the City of San Bernardino ("Agency") and the City of San
Bernardino relating to the initiation of studies for the redevelopment of
lands previously acquired by the Agency and relating to transfer or
delegation of redevelopment authority to the Agency relative to
properlies in the Norlh Arden-Guthrie Area ("Arden-Guthrie
Implementation Area "). (Resolution not available at time of printing.)
(Mayor and Common Council)
B. A Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a Redevelopment
Cooperation Agreement by and among the Inland Valley Development
Agency, the Redevelopment Agency of the City of San Bernardino
("Agency") and the City of San Bernardino relating to the initiation of
studies for the redevelopment of lands previously acquired by the
Agency and relating to transfer or delegation of redevelopment
authority to the Agency relative to properlies in the norlh Arden-
Guthrie Area ("Arden-Guthrie Implementation Area "). (Resolution not
available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
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09/15/2003
Recommended for approval at the Redevelopment Committee Meetin~ of
September 4, 2003 - Committee Members Present: Anderson and Estrada
R28. A Resolution of the Community Development Commission of the City of San
Bernardino authorizing the Executive Director of the Agency to execute
Amendment No. 1 to Owner Participation Agreement, dated as of September
17, 2001, by and between the Redevelopment Agency of the City of San
Bernardino and In-N-Out Burgers. (No cost to the Agency.) (Document and
Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee Meetin~ of
Au~ust 21,2003 - Committee Members Present: Estrada and Suarez
R29. A Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute a
2003 Property Owner Redevelopment Agreement by and between the Agency
and Tahiti Partners I, LLC, a Limited Liability Corporation, for the
development of an office/retail center at 514 and 540 N. Arrowhead Avenue in
the Central City North Redevelopment Project Area. (Cost to the Agency --
$68,000 from Tax Increment funding.) (Document and Resolution not
available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meetin~ of
September 4, 2003 - Committee Members Present: Anderson, Estrada and
Suarez
R30. Set a public hearing for October 6, 2003, at 7:00 p.m. on the Tax and Equity
Fiscal Responsibility Act (TEFRA) to consider the California Statewide
Communities Development Authority issuance of bonds for the proposed new
Inland Behavioral and Health Services, Inc. medical facility. (See Attached)
MOTION: That the Mayor and Common Council of the City of San
Bernardino set a public hearing for October 6, 2003 to consider
the California Statewide Communities Development Authority
issuance of bonds for the proposed new Inland Behavioral and
Health Services, Inc. medical facility.
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09/15/2003
31. 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.)
32. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday,
October 6, 2003, in the Council Chambers of City Hall, 300 North "D" Street,
San Bernardino, California.
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09/15/2003
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.
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