HomeMy WebLinkAbout08-02-2004 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, AUGUST 2,2004 -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 Page 9.)
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):
People v. Danny Alcarez, et al. - San Bernardino Superior Court Case No.
SCVSS 102450;
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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.
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 v. Protea Hotel, Inc.
RDA/City v. Trajan Green
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
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1. Continued.
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
F. 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
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Bureau of Franchises - L. Ray Frisbie - Council Member Longville.
(See Attached)
MOTION: That the appointment of L. Ray Frisbie to the Bureau of
Franchises, as requested by Council Member Longville,
be approved.
3. Presentations.
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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6.
Council Minutes
(See Attached)
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:
June 30, 2004
July 6, 2004
(Distributed on 7/26/04)
(Distributed on 7/26/04)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated July 19, 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 July 27, 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.
Animal Control
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an Animal Housing Services Agreement by
and between the City of San Bernardino and the City of Colton from July 1,
2004 through June 30, 2007. (See Attached) (Anticipated revenue in FY
2004/2005 -- $40,000.)
MOTION: That said resolution be adopted.
City Administrator
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution and delivery of the Facility Lease and the Site Lease
by and between the City of San Bernardino and the California Infrastructure and
Economic Development Bank and approving other matters in connection
therewith. (See Attached) (Cost to the City -- $37,000 [interest only] in FY
2004/2005) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
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08/02/2004
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.
Development Services
12. Resolution of the City of San Bernardino approving Agreement for services with
Transtech Engineers, Inc. and Willdan for engineering plan checking services.
(See Attached) (Cost to the City -- $350,000 from the Special Deposits
Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Facilities Mana~ement
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a lease renewal option to the County of San
Bernardino Sheriff's Search and Rescue, located at 3250 Harrison Avenue. (See
Attached) (No cost to the City.) Ward 7
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a contract with and issuance of a purchase order to
Industrial Air Innovations, Inc. for the replacement of two cooling towers at
Carousel Mall in the City of San Bernardino. (See Attached) (Resolution not
available at time of printing.) Ward 1
MOTION: That said resolution be adopted; and that the Community
Development Commission of the City of San Bernardino
authorize the Redevelopment Agency of the City of San
Bernardino to allocate $92,000 in 1999 Central City COP Bond
proceeds for the replacement cost of two cooling towers at
Carousel Mall in the City of San Bernardino.
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Parks, Recreation & Community Services
15. Resolution of the City of San Bernardino authorizing the Mayor of the City of
San Bernardino or her designee to execute Amendment No.6 to the Agreement
with San Bernardino City Unified School District, relating to delivery of
breakfasts, snacks, and lunches to Delmann Heights Headstart Center. (See
Attached) (No cost to the General Fund.) All Wards
MOTION: That said resolution be adopted.
Telecommunications
16. Resolution of the Mayor and Common Council of the City of San Bernardino
granting an extension of the Cable Franchises with Adelphia Communications,
Charter Communications, and Mountain Shadows Cable. (See Attached) (No
cost to the City.)
MOTION: That said resolution be adopted.
Water Department
17. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the declaration of surplus property; the purchase and sale agreement
for the Bennett Well; and the sale of the Bennett Well property and fixtures to
the City of Lorna Linda. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Grants Committee meetin~ on July 13,
2004 - Committee Members present: McCammack, Lon~ville and Estrada
Parks, Recreation & Community Services
18. Resolution ratifying the submittal of a grant application from the Federal
Department of Education in the amount of $496,871 to provide youth mentoring
services for a 36 month period beginning September 1, 2004 through August 31,
2007. (See Attached) (No cost to the City.) (Resolution not available at
time of printing.) All Wards
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18. Continued.
MOTION: That said resolution be adopted.
PUBLIC HEARINGS
City Administrator
TO BE HEARD AT 4:00 P.M.
19. Public hearing - to consider a resolution adjusting or establishing various Parks,
Recreation and Community Services fees, Cemetery fees, and Fire Department
fees. (See Attached) All Wards
A Resolution of the City of San Bernardino establishing certain fees for services
furnished by the City of San Bernardino, and repealing Resolution No. 2004-58,
Resolution No. 97-271, Resolution No. 96-152, and Resolution No. 94-66.
(Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolution be adopted.
City Clerk
TO BE HEARD AT 4:00 P.M.
20. Public hearing - resolution imposing liens on property located in the City for
uncollected business registration fees. (See Attached) (No cost to the City.)
Resolution of the City of San Bernardino imposing liens on certain parcels of
real property located within the City of San Bernardino for uncollected business
registration fees.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the City Clerk be directed to
administratively remove any properties from Exhibit A which
have been paid prior to the hearing; and that said resolution be
adopted.
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08/02/2004
COMMUNITY DEVELOPMENT COMMISSION
TO BE HEARD AT 4:00 P.M.
R21. Public hearing - 2004 Disposition and Development Agreement with Stan
Robbins and Jim Robbins for purchase of Agency property located at 5055 N.
Hallmark Parkway. (Document not available at time of printing.)
(Community Development Commission)
A. A Resolution of the Community Development Commission of the City of
San Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino to Stan Robbins
and Jim Robbins, and authorizing the Agency Executive Director to
execute the 2004 Disposition and Development Agreement between the
Agency and Stan Robbins and Jim Robbins (5055 N. Hallmark
Parkway). (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 approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino to Stan Robbins
and Jim Robbins (5055 N. Hallmark Parkway). (Resolution not
available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the hearing be continued to August 16, 2004.
END OF PUBLIC HEARINGS
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 19, 2004
22. 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. (Backup material was distributed on July 6, 2004,
Item No. 28, and item was continued to July 19, 2004, Item No. 37.)
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MOTION: That the matter be continued to August 16, 2004.
Development Services
CONTINUED FROM JULY 19, 2004
TO BE HEARD AT 5:00 P.M.
23. Dinner workshop - Capital Improvement Program (CIP) presentation - EDA
Boardroom. (Item was continued from July 19, 2004, Item No. 38.)
END OF CONTINUED ITEMS
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08/02/2004
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, AUGUST 2,2004 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
CONTINUED FROM JULY 19, 2004
TO BE HEARD AT 7:00 P.M.
24. 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, and item continued to July 19, 2004, Item No. 39.)
Ward 3
An Ordinance of the City of San Bernardino modifying Chapter 19.04
(Residential Districts), Section 19.04.030 (2) (N) of the San Bernardino
Municipal Code (Development Code) related to planned residential
development/small lot subdivisions requirements. FIRST READING
Owner:
Garo & Aroussiak Dekimenojian
8116 Lankershim Boulevard
North Hollywood, CA 91605-1611
Ivano Stamegna
Fidelity Family Holding
1381 Warner Avenue, No. B
Tustin, CA 92780
Applicant:
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.
(Item Continued on Next Page)
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08/02/2004
24. 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).
TO BE HEARD AT 7:00 P.M.
25. Public hearing - Development Code Amendment No. 04-01 - a request to allow
for up to six tenants on a monument or pylon sign for commercial centers over
20 acres, and a conditional use permit for a second pylon sign at the HUB
Center. (See Attached) Ward 3
An Ordinance of the City of San Bernardino amending Chapter 19.22 (Sign
Regulations) of the San Bernardino Municipal Code (Development Code) related
to monument and pylon signs for regional shopping centers. FIRST
READING (Ordinance not available at time of printing.)
Owner/Applicant:
Steve Felderman
SBT Partners
1117 Second Street
Santa Monica, CA 90403
Request/Location: The applicant is requesting to modify Development Code
Chapter 19.22 (Sign Regulations), Sections 19.22.030, 19.22.150 and Table
E.022 to allow for up to six tenants on monument and pylon signs for projects
over 20 acres and to modify the definitions of tenants. Approval is also
requested for Conditional Use Permit No. 04-07 to construct a second freeway
pylon sign to match an existing sign. The project site is located along both sides
of Harriman Place west of Tippecanoe Avenue in the CR-3, Commercial
Regional land use district.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that said ordinance be laid over for
final adoption; and that Conditional Use Permit No. 04-07 be
approved based upon the Findings of Fact contained in the
Planning Commission Staff Report (Exhibit B), subject to the
Conditions of Approval (Exhibit B, Attachment D).
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08/02/2004
END OF PLANNING ITEMS
26. 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.)
27. 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 16, 2004, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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08/02/2004
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.
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