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HomeMy WebLinkAbout07-19-2004 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, JULY 19, 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 13-17.) 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): 1 07/19/2004 (Item Continued on Next Page) 1. Continued. City of San Bernardino, a Municipal Corporation and the Economic Development Agency for the City of San Bernardino, v. Valerie Pope- Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan Steward, Inc., Steward & Associates, et al. - San Bernardino Superior Court Case No. SCVSS 108965; La France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDCV 00-107 RT (RNBx); Under Seal v. Under Seal - Los Angeles Superior Courl Case No. BC272529. 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: City of San Bernardino vs. Protea Hotel, Inc. 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: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: General Unit Mid- Management 2 07/19/2004 1. Continued. (Item Continued on Next Page) G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: Negotiating Parties: Under Negotiation: 2. Property: Negotiating Parties: Under Negotiation: 3. Property: Negotiating Parties: Under Negotiation: 24 7 West Third Street James F. Penman, General Counsel, on behalf of the Redevelopment Agency, property owner and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Purchase price, terms and conditions That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Blvd., Del Rosa Drive, Paul Villasenor Blvd., and Memorial Drive Don Rogers on behalf of the Inland Valley Development Agency. David Newsom on behalf of Hillwood/San Bernardino LLC. Bruce Varner on behalf of State Bros. Markets. James Penman on behalf of the City of San Bernardino. Terms and Conditions 621 North G Street APN 0134-021-28 Gary Van asdel, Executive Director, on behalf of the San Bernardino City Housing Authority and/or Redevelopment Agency, and Rohit Doshi and Rite Family Trust, property owners Purchase price, terms and conditions 3 07/19/2004 1. Continued. 4. (Item Continued on Next Page) Property: Negotiating Parties: Under Negotiation: 49th Street Properties APN 0154-125-08, 0154-125-09, 0154-125-10, 0154-125-11 Gary Van asdel, Executive Director, on behalf of the Redevelopment Agency and Sandra Merle and Brian Arthur Swartz, property owners Purchase price, terms and conditions END OF CLOSED SESSION 4 07/19/2004 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 25, 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. 5 07/19/2004 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: June 7, 2004 June 16, 2004 June 21,2004 (Distributed on 7/14/04) (Distributed on 7/14/04) (Distributed on 7/14/04) 7. Personnel Actions. (See Attached) MOTION: That the personnel actions as submitted by the Chief Examiner dated July 14, 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 8. Set a public hearing for Monday, August 2, 2004, at 4:00 p.m. in the City Hall Council Chambers to consider a resolution adjusting or establishing various Parks, Recreation, and Community Services fees, Cemetery fees, and Fire Department Fees. (See Attached) MOTION: That the Mayor and Common Council set a public hearing for Monday, August 2, 2004, at 4:00 p.m. in the City Hall Council Chambers to consider a resolution adjusting or establishing various Parks, Recreation and Community Services fees, Cemetery fees, and Fire Department fees. City Attorney LAID OVER FROM JULY 6, 2004 9. An Ordinance of the City of San Bernardino amending Chapter 3. 13 of then San Bernardino Municipal Code relating to waiver or refund of fees for Charitable Organizations. FINAL READING (Backup material distributed on July 6, 2004, Item No. 26.) MOTION: That said ordinance be adopted. 6 07/19/2004 LAID OVER FROM JULY 6, 2004 10. An Ordinance amending Sections 15.04.080, 15,04.081, 15.16.070 and 15.57.030 of the San Bernardino Municipal Code waiving certain City fees for the first reconstruction of commercial structures voluntarily demolished after Code Compliance has issued a Notice of Violation/Abatement. FINAL READING (Backup material distributed on July 6,2004, Item No. 27.) MOTION: That said ordinance be adopted. City Clerk 11. 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. City Treasurer 12. Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the annual Statement of Investment Policy for the period July 1, 2004 through June 30, 2005. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services 13. Resolution of the City of San Bernardino declaring its intention to order the vacation of portions of that certain east/west alley between Arrowhead Avenue and Mountain View Avenue, south of 18th Street and reserving easements for certain public utilities therein (Plan No. 10020A). (See Attached) (No cost to the City -- $1,000 processing fee paid by the Economic Development Agency.) (Resolution not available at time of printing.) Ward 2 MOTION #1: That the Director of Development Services and the City Clerk be authorized to terminate proceedings for the proposed vacation of that certain east/west alley between Arrowhead A venue and Mountain View Avenue, south of 18th Street; or 7 07/19/2004 (Item Continued on Next Page) 13. Continued. MOTION #2: That the Mayor and Common Council approve amended Plan No. 1l020A; and MOTION #3: That said resolution be adopted. 14. 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 authorizing the following: A) installation of three- way stop signs at the intersections of Jasmine Street at Hyacinth Street, and Sheridan Road at Jasmine Street, and B) declaring the following road segments as through highways: Aster Street between Jasmine Street and Sheridan Road; Jasmine Street between Aster Street and Sheridan Road; Sheridan Road between Aster Street and Jasmine Street; and College Avenue at its intersection with Iris Street. (See Attached) (Cost to the City -- $3,250 from the General Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 15. Item deleted. City Administrator 16. Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the City of San Bernardino to establish 2004-2005 expenditures for the additional month of August, 2004 only, at one-twelfth the proposed levels contained in the preliminary detail budget for the 2004-2005 Fiscal Year, or as needed to pay the authorized costs incurred for the additional month of August, 2004 only, pending final approval of the 2004-2005 budget. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Fire LAID OVER FROM JULY 6, 2004 17. Ordinance of the City of San Bernardino amending Chapter 15.25 of the San Bernardino Municipal Code to include the Multi-family Rental Housing Fire 8 07/19/2004 Inspection Program. FINAL READING (Backup material distributed on July 6, 2004, Item No. 33.) MOTION: That said ordinance be adopted. 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue an annual purchase order to Allstar Fire Equipment Inc. in the amount of $64,000 and Special T Fire Equipment in the amount of $2,000 for replacement of protective clothing and equipment for structural firefighting. (See Attached) (Cost to the City -- $66,000 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Information Services 19. Resolution of the City of San Bernardino authorizing the purchase of a Laserfiche Document Imaging System for the City Clerk's Office. (See Attached) (Cost to the City -- $124,159.13 [$21,600 from the Information Systems Fund; and $102,559.13 from the 1997 Computer Bonds Fund) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 20. Resolution 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 before & after-school recreation programs at school district sites. (See Attached) (Grant funding in the amount of $360,251.00 - no additional cost to the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute an Agreement between the City of San Bernardino and Boys and Girls Club of San Bernardino Inc. to provide community services at the Delmann Heights Community Center. (See Attached) (Net savings of $12,000 to the General Fund.) (Resolution not available at time of printing.) Ward 3 9 07/19/2004 MOTION: That said resolution be adopted. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute an Agreement between the City of San Bernardino and New Hope Missionary Baptist Church to provide community services at the Westside Community Service Center. (See Attached) (Net savings of $56,000 to the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Water Department 23. A Resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $11 ,975.00 for the Fiscal Year 200412005. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a grant of easement to San Bernardino Valley Municipal Water District for a pipeline on property located at 399 Chandler Place, San Bernardino (APN 0141-291-23 and 0141-311-06). (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 25. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a grant of easement to San Bernardino Valley Municipal Water District for a well and pipeline on property located at 399 Chandler Place, San Bernardino (APN 0141-311-06 and 0141-311-07). (See Attached) (No cost to the City.) (Resolution not available at time of printing.) 10 07/19/2004 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee meetin~ on July 7, 2004 - Committee Members present: McCammack and Estrada 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an Agreement with the City of San Bernardino and Little League Baseball, Inc., Western Regional Headquarters, for financial assistance from the Civic and Promotion Fund for FY 200412005. (See Attached) (Cost to the City - $42,467 [$5,000 in direct funding, and $37,467 in indirect funding] from the General Fund.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted; that direct funding in the amount of $5,000 from the FY 2004-05 civic and promotion funding be approved; that indirect funding in the amount of $37,467 be transferred from the FY 2004/05 civic and promotion fund to various city departmental account as listed in the attached staff report, dated July 7, 2004, from Fred Wilson, City Administrator; and that a waiver of fees and use of city personnel and equipment be authorized in the conduct of their 2004 tournament season. END OF COMMITTEE CONSENT PUBLIC HEARINGS CONTINUED FROM JULY 6, 2004 Recommended for approval at the Ways and Means Committee meetin~ on June 9, 2004 - Committee Members present: McCammack, Estrada and Derry Public Services TO BE HEARD AT 4:00 P.M. 27. Public hearing - resolution establishing fees and rates to be charged for the collection of refuse, green wastes and recyclables and repealing Resolution No. 98-228 and amendments thereto. (Backup material was distributed on July 6, 2004, Item No. 31.) 11 07/19/2004 Resolution of the Mayor and Common Council of the City of San Bernardino establishing the fees and rates to be charged for the collection of refuse, green wastes and recyclables, and repealing Resolution 98-228, and amendments thereto. (Item Continued on Next Page) 27. Continued. The hearing remains open . . . MOTION: That the hearing be closed; and that said resolution be adopted. Development Services TO BE HEARD AT 4:00 P.M. 28. Public hearing - resolution ordering vacation of a portion of Hazel Street, between "H" Street and the 1-215 Freeway. (See Attached) (No cost to the City -- $1,000 processing paid by petitioner.) Ward 3 Resolution of the City of San Bernardino ordering the vacation of a portion of Hazel Street, between "H" Street and the 1-215 Freeway (Plan No. 10907) and reserving easements for certain public utilities therein. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; that the Findings of Fact, as set forth in the staff report from the Director of Development Services, dated June 30, 2004, as to why a portion of Hazel Street, between "H" Street and the 1-215 Freeway, is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. 29. Public hearing - formation of Underground Utility District No. 31 - located along portions of 13th Street, between Arrowhead Avenue and Sierra Way. (See Attached) Ward 2 Resolution of the City of San Bernardino creating Underground Utility District No. 31 generally located along portions of 13th Street, between Arrowhead Avenue and Sierra Way, in the City of San Bernardino. (Resolution not available at time of printing.) 12 07/19/2004 Mayor to open the hearing . . . MOTION: That the hearing relative to the formation of Underground Utility District No. 31, generally located along portions of 13th Street, between Arrowhead Avenue and Sierra Way, be closed; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. 30. Public hearing - General Plan Amendment No. 04-02 - Uptown and Central City North Redevelopment Project Area Plan - reinstatement of eminent domain and other entitlement actions. (See Attached) Wards 1 & 3 Resolution of the City of San Bernardino adopting the Facts, Findings and Statements of Overriding Consideration, certifying the Program Environmental Impact Report, adopting the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain in the Uptown and Central City North Redevelopment Project Area Plans and other entitlement actions, certifying the Traffic Impact Analysis Report, and adopting General Plan Amendment No. 04-02. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. TO BE HEARD AT 4:00 P.M. R31. Joint Public hearing - Uptown Redevelopment Project Area Plan Amendment - Eminent Domain - Reinstatement of Eminent Domain. (See Attached??) (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino as a responsible agency under the California Environmental Quality Act adopting a Statement of Overriding Considerations, and making findings that a Final Program Environmental Impact Report, and the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain Powers in the redevelopment project areas of the Uptown Redevelopment Project and the Central City North Redevelopment Project fully and adequately address the potential environmental effects of the approval by the Commission of such redevelopment plan amendments. (Resolution not available at time of printing.) (Community Development Commission) 13 07/19/2004 B. Resolution of the Community Development Commission of the City of San Bernardino making findings regarding conditions of blight in the redevelopment project area of the Uptown Redevelopment Project, approving the Section 33352 Report to the Mayor and Common Council on the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project and approving the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project. (Resolution not available at time of printing.) R31. Continued. (Mayor and Common Council) C. Ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project. FIRST READING (Ordinance not available at time of printing.) Mayor to open the hearing . . . If written oQjections are presented MOTION #1: That the hearing be closed; that written objections to the 2004 Eminent Domain Amendment be considered; and that written findings be prepared in response thereto as applicable and be presented at the next regular meeting; or If no written objections are presented MOTION #2: That the hearing be closed; that said resolutions A & B be adopted; and that said ordinance be laid over for final adoption. TO BE HEARD AT 4:00 P.M. R32. Joint Public hearing - Central City North Redevelopment Project Area Plan - Amended and Restated Redevelopment Plan. (See Attached??) (Community Development Commission) A. Resolution of the Community Development Commission of the City of San Bernardino as a responsible agency under the California Environmental Quality Act adopting a Statement of Overriding Considerations, and making findings that a Final Program Environmental Impact Report, and the Mitigation Monitoring Plan for the Reinstatement 14 07/19/2004 of Eminent Domain Powers in the redevelopment project areas of the Uptown Redevelopment Project and the Central City North Redevelopment Project fully and adequately address the potential environmental effects of the approval by the Commission of such redevelopment plan amendments. (Resolution not available at time of printing.) (Item Continued on Next Page) R32. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino, making findings regarding conditions of blight in the Redevelopment Project Area of the Central City North Redevelopment Project; approving the Section 33352 Report to the Mayor and Common Council on the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project and approving the 2004 Amended and Restated Eminent Domain Amendment to the Redevelopment Plan for the Central City North Redevelopment Project. (Resolution not available at time of printing.) (Mayor and Common Council) C. Ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. FIRST READING (Ordinance not available at time of printing.) Mayor to open the hearing . . . If written oQjections are presented MOTION #1: That the hearing be closed; that written objections to the 2004 Amended and Restated Redevelopment Plan for the Central City North Development Project be considered; and that written findings be prepared in response thereto as applicable and be presented at the next regular meeting; or 15 07/19/2004 If no written objections are presented MOTION #2: That the hearing be closed; that said resolutions A & B be adopted; and that said ordinance be laid over for final adoption. END OF PUBLIC HEARINGS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM JULY 6, 2004 Recommended for approval by the Redevelopment Committee on April 6, 2004 - Committee Members Present: Estrada, Lon~ville and McGinnis R33. Termination Agreement between Agency and Neighborhood Housing Services (NHS) and Assumption and Loan Agreement between Agency and Frazee Community Center. (No backup material was distributed on July 6, 2004, Item No. R38.) A. A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Agency to execute the Termination Agreement to the 2001 HOME Program Community Housing Development Organization (CHDO) Loan Agreement by and between Neighborhood Housing Services of the Inland Empire, Inc. (NHS) and the Redevelopment Agency of the City of San Bernardino (Agency). (Resolution not available at time of printing.) B. A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Agency to execute the (1) HOME Assumption Agreement by and between NHS, Frazee Community Center, Inc. (Frazee) and the Agency; and (2) the 2004 HOME Program CHDO Loan Agreement by and between Frazee and the Agency. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 16 07/19/2004 CONTINUED FROM JULY 6, 2004 Recommended for approval by the Redevelopment Committee on July 6, 2004 - Committee Members Present: Estrada, Lon~ville and McGinnis R34. 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 the Redevelopment Project Study Agreement and Redevelopment Assistance with Mill Street Development LLC ("Developer") - Central City South Redevelopment Project Area. (No backup material was distributed on July 6, 2004, Item No. R39.) MOTION: That said resolution be adopted. R35. A Resolution of the Community Development Commission of the City of San Bernardino (1) consenting to and approving the assignment of the BP California 2002 Property Owner Redevelopment Agreement to ECOM Summit, LLC, a Delaware Corporation and (2) reinstating and amending said 2002 Property Owner Redevelopment Agreement of the Redevelopment Agency of the City of San Bernardino and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino to execute said Agreement (northeast corner of Waterman Avenue and Vanderbilt Way - Tri-City Redevelopment Project Area). (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. R36. Transfer title of property owned by the Redevelopment Agency located at 247 West Third Street to the City of San Bernardino. (See Attached) (Community Development Commission) MOTION #1: That the Community Development Commission of the City of San Bernardino authorize the Redevelopment Agency of the City of San Bernardino to transfer title to the property located at 247 West Third Street (APN 1986-01-03) to the City of San Bernardino, and direct the Executive Director to take any and all actions as may be necessary to effect such transfer. (Mayor and Common Council) 17 07/19/2004 MOTION #2: That the Mayor and Common Council of the City of San Bernardino authorize the acceptance of title to the property located at 247 West Third Street (APN 1986-01-03) from the Redevelopment Agency of the City of San Bernardino, and authorize the Mayor to take any and all actions as may be necessary to effect such acceptance. 18 07/19/2004 CONTINUED ITEMS Recommended for approval at the Ways and Means Committee meetin~ on June 9, 2004 - Committee Members present: McCammack, Estrada and Derry Human Resources CONTINUED FROM JULY 6, 2004 37. Resolution of the Mayor and Common Council of the City of San Bernardino approving the San Bernardino City Professional Firefighters Welfare Benefit Plan authorizing payroll deductions by the City of San Bernardino for participating members. (No backup material was distributed on July 6, 2004, Item No. 28.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS TO BE HEARD AT 5:00 P.M. 38. Dinner workshop - Capital Improvement Program (CIP) Presentation - EDA Boardroom. END OF STAFF REPORTS 19 07/19/2004 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, JULY 19, 2004 - 7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS CONTINUED FROM JULY 6, 2004 TO BE HEARD AT 7:00 P.M. 39. Public hearing - approval of Development Code Amendment No. 03-05; Tentative Tract Map No. 16757; and Development Permit III No. 03-52. (See Attached) (No cost to the City.) (Backup material distributed on July 6, 2004, Item No. 35.) Ward 3 An Ordinance of the City of San Bernardino modifying Chapter 19.04 (Residential Districts) of the San Bernardino Municipal Code (Development Code) related to planned residential development requirements. FIRST READING Owner: Garo & Aroussiak Dekimenojian 8116 Lankershim Boulevard North Hollywood, CA 91605-1611 Applicant: Ivano Stamegna Fidelity Family Holding 1381 Warner Avenue, No. B Tustin, CA 92780 Request/Location: The applicant is requesting Development Code Amendment No. 03-05 to modify Chapter 19.04, Section 19.04.030 (2) (N), to allow 15% open space in lieu of the required 30 % if single family detached units are built instead of multi-family units. Also requested for approval are Tentative Tract Map No. 16757 to create a one-lot condominium subdivision and Development Permit III No. 03-52 to construct 54 detached single family condominium units with a minimum unit size of 1,872 square feet. The project site is located on the southeast corner of Meridian and Rialto Avenues in the RU-1, Residential Urban land use district. 20 07/19/2004 39. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; that said ordinance be laid over for final adoption; and that Tentative Tract Map No. 16757 and Development Permit III No. 03-52 be approved based upon the Findings of Fact contained in the Planning Commission staff report, subject to the Conditions of Approval and Standard Requirements (Exhibit 2, Attachment D-2). END OF PLANNING ITEMS 40. 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.) 41. 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, August 2, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 21 07/19/2004 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. 22 07/19/2004