HomeMy WebLinkAbout10-20-2003 Reg.Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
MONDAY, OCTOBER 20,2003 -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 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):
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;
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I. Continued.
Cassandra Dailey v. City of San Bernardino, et al - San Bernardino
Superior Court Case No. SCVSS 034774;
Candice Dick v. City of San Bernardino, et al - United States District
Court Case No. EDCV 02-158 V AP (SGLx);
Credit Bureau of San Bernardino, Inc. and Lawrence J. Winslow, dba
Credit Bureau of San Bernardino v. City of San Bernardino, and Does
1 throu{:h 50, inclusive - San Bernardino Superior Courl Case No.
SCVSS 71169;
Velardez, Fernando; Annando Velardez, v. City of San Bernardino
Police Deparlment; San Bernardino Police Ser{:eant S. Lowes #25113;
and Does 10 - San Bernardino Superior Courl Case No. SCVSS
097365.
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.
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I. Continued.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
I. 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.
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Police Commission - M.E. "Bud" Melvin - Council Member Derry.
(Document not available at time of printing.)
MOTION: That the appointment of M.E. "Bud" Melvin to the Police
Commission, as requested by Council Member Derry, be
approved.
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
16, be adopted except for _, _, _, _, and _.
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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 meeting of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form: September 15, 2003 (Distributed on 10/13/03)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated October 6, 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 October 15, 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
9. Request for Temporary Use Permit (TUP) fee waiver for the Inland Regional
Center Family Fun Festival - November I, 2003. (See Attached) (Cost to the
City -- $1,028 from various departmental accounts.) Ward 3
MOTION: That the request by the Inland Regional Center for a waiver of
the Temporary Use Permit and other related departmental fees in
the amount of $1,028 in connection with their Family Fun
Festival at 674 Brier Drive, San Bernardino, on Saturday,
November I, 2003, be approved.
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City Attorney's Office
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Mundell, Odium & Haws and the City of San Bernardino to represent the City
of San Bernardino in the case of Shirley Allen v. City of San Bernardino, et al.
(Document and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Development Services
II. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Subdivision Tract No. 13572, located at the
southeast corner of Palm A venue and Ohio A venue, 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.
12. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Subdivision Tract No. 14352 located at the
northeast corner of Palm A venue and Verdemont Drive, 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.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Subdivision Tract No. 15538 located at the
northwest corner of Palm Avenue and Belmont Avenue, 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.
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14. Authorize rejection of all bids and solicitation of new bids for the construction
of Verdemont Fire Station #232. (Document not available at time of
printing.) Ward 5
MOTION: That the Mayor and Common Council authorize the rejection of
all bids for the construction of Verdemont Fire Station #232,
authorize staff to revise the plans and design for said fire station,
and authorize the City Engineer to solicit new bids for the
construction of Verdemont Fire Station #232 based upon said
revised plans and design.
Information Services
15. Resolution of the City of San Bernardino authorizing the Purchasing Manager to
sell surplus emergency lighting equipment to the County of San Bernardino's
800 MHZ Group. (See Attached) (No cost to the City.) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
Park, Recreation & Community Services
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to apply for and administer a grant in the
amount of $45,000 from San Bernardino County Emergency Food & Shelter
Program Local Board FEMA XXII for the administration of a Food & Shelter
Program for at risk families through the Westside Community Service Center.
(No Cost to the City -- $45,000 fully funded by the Federal FEMA XXII
Food and Shelter Program.) (Document and Resolution not available at time
of printing.) Ward 1
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
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CONTINUED ITEMS
Council Office
CONTINUED FROM OCTOBER 6, 2003
17. SCAG Visioning Project. (Continued from September 15, 2003, Item No. 20
and Continued from October 6,2003, Item No. 27.)
City Administrator's Office
CONTINUED FROM OCTOBER 6, 2003
18. A Resolution of the Mayor and Common Council of the City of San Bernardino
declaring the intention to establish a Community Facilities District for the
ongoing operation and maintenance of a fire station for the Verdemont Area.
(Backup material distributed on October 6,2003, Item No. 10.)
MOTION: That the matter be continued to November 17, 2003.
END OF CONTINUED ITEMS
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MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, OCTOBER 20,2003 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
CONTINUED FROM SEPTEMBER 15, 2003
TO BE HEARD AT 7:00 P.M.
19. 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 - DCA No. 03-08
is a request to modify the CR-3 district to allow not more than two drive-thru
restaurants to be located within two parcels and not more than 600 feet west of
Tippecanoe Avenue and immediately north of Harriman Place; and will also
allow one drive-thru restaurant on the southwest corner of Tippecanoe Avenue
and Harriman Place. (New Staff Report Attached) (Backup material
distributed on September 15, 2003, Item No. 26.
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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19. Continued.
Mayor to open the hearing . . .
MOTION: That the matter be continued to November 17, 2003.
TO BE HEARD AT 7:00 P.M.
20. General Plan Amendment No. 02-03 and Conditional Use Permit No. 02-02 - to
change the land use designation of approximately 5.6 acres from RS, Residential
Suburban to RU-l, Residential Urban land use district and construct a
congregate care housing for women with children - located along the north side
of 6th Street and between Victoria A venue and 7th Street to include the existing
Veronica's Home of Mercy site, vacant parcels and single family homes. (See
Attached) (No cost to the City.) Ward 1
Resolution of the City of San Bernardino adopting General Plan Amendment
No. 02-03 to the General Plan of the City of San Bernardino, to amend the
General Plan Land Use Designations from RS, Residential Suburban, to RU-l,
Residential Urban for 5.6 acres located along the north side of 6th Street and
between Victoria A venue and 7th Street to include the existing Veronica's Home
of Mercy site, vacant parcels and single family homes. (Resolution not
available at time of printing.)
Owner:
Mary's Mercy Center, Inc.
Veronica's Home of Mercy
POBox 7563
San Bernardino, CA 92411
Applicant:
Gary Maxwell
Maxwell & Associates
2175 Pacific Avenue, No. C-4
Costa Mesa, CA 92627
Request/Location: The applicant requests to change the land use designation of
approximately 5.6 acres from RS, Residential Surburban, to RU-l, Residential
Urban land use district. The project site is located along the north side of 6th
Street and between Victoria A venue and 7th Street to include the existing
Veronica's Home of Mercy site, vacant parcels and single-family homes.
(Item Continued on Next Page)
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20. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that said resolution be adopted and
Conditional Use Permit No. 02-02 be approved based on the
Findings of Fact in the Planning Commission Staff Report dated
August 19, 2003, subject to the Conditions of Approval and
Standard Requirements (Exhibit C).
END OF PLANNING ITEMS
COMMUNITY DEVELOPMENT COMMISSION ITEMS
TO BE HEARD AT 7:00 P.M.
R21. Public hearing - 2003 Disposition and Development Agreement with Stan
Robbins for exchange of property located at 450 North "F" Street and purchase
of Agency property located at 532 North "D" Street. (Document not available
at time of printing.) Ward 1
(Community Development Commission)
A. A Resolution of the Community Development Commission of the City of
San Bernardino (I) approving the exchange purchase of certain real
property by the Redevelopment Agency of the City of San Bernardino
("Agency") from Stan Robbins, an individual, (2) approving the
exchange sale of certain real property by the Agency to Stan Robbins,
and (3) authorizing the Agency Executive Director to execute the 2003
Disposition and Development Agreement between the Agency and Stan
Robbins. (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 (I) approving the exchange purchase of certain real property
by the Redevelopment Agency of the City of San Bernardino ("Agency")
from Stan Robbins, an individual and (2) approving the exchange sale of
certain real property by the Agency to Stan Robbins. (Resolution not
available at time of printing.)
Mayor to open the hearing . . .
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R21. Continued.
MOTION: That the hearing be closed and that said Resolutions A &
B, be adopted.
R22. A Resolution of the Community Development Commission of the City of San
Bernardino approving the bid of Quinmar Janitorial Services for janitorial
services at the 201 North "E" Street building, and authorizing the Executive
Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to sign and issue an annual purchase order to Quinmar Janitorial
Services in the amount of $34,200, for a period of three (3) years, for a total
authorization not-to-exceed $102,600. (Document and Resolution not
available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
23. 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.)
24. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for I: 30 p. m., Monday,
November 3, 2003, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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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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