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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; 1 05/17//2004 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. 2 05/17//2004 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 3 05/17//2004 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 4 05/17//2004 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: 5 05/17//2004 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. 6 05/17//2004 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 7 05/17//2004 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. 8 05/17//2004 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 9 05/17//2004 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 10 05/17//2004 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 11 05/17//2004 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. 12 05/17//2004 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 13 05/17//2004 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.) 14 05/17//2004 (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.) 15 05/17//2004 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. 16 05/17//2004 Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 17 05/17//2004