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HomeMy WebLinkAbout07-21-2003 Reg. Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JULY 21,2003 - 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. 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): San Bernardino Residents for Responsible Development v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 080404; La France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDCV 00-107 RT (RNBx). 1 07/21/2003 1. Continued. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9 Neighbors of San Manuel Tribe v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Allan Steward and Gil Lara City v. San Manuel Band of Serrano Mission Indians D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: 1. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino Police Officers' Association 2. Ne!:otiator: Linn Livingston, Human Resources Director Employee Or!:anization: San Bernardino City Professional Firefighters (Item Continued on Next Page) 2 07/21/2003 1. Continued. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: Water Department Parcel No. 0155-361-25 (136.4 acres) and Redevelopment Agency Parcel No. 0155-381-45 (8.12 acres) Negotiating Parties: Bernie Kersey on behalf of the Water Department, Gary Van Osdel on behalf of the Redevelopment Agency and James R. Watson on behalf of Watson & Associates Under Negotiation: Purchase price, terms & conditions END OF CLOSED SESSION 3 07/21/2003 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 24, 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. 4 07/21/2003 6. Council Minutes. MOTION: That the minutes of the following meetings of the Mayor and Common Council/Community Development Commission, be approved as submitted in typewritten form: June 26,2003 June 30, 2003 (Distributed on 7/8/03) (Distributed on 7/8/03) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated July 14, 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 July 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. Set a public hearing to consider a resolution adjusting various fees. (Documents not available at time of printing.) MOTION: That the Mayor and Common Council set a public hearing for Monday, August 4, 2003, at 4:00 p.m. in the City Hall Council Chambers to consider adjusting various fees. City Clerk 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Clerk to enter into a professional services agreement, software license agreement and software maintenance agreement with Progressive Solutions, Inc. to install Licensetrack1M and Ca$hierCentral1M software to replace the Business Registration Division's licensing system and to provide revenue enhancement services. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. 5 07/21/2003 City Treasurer 11. 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, 2003 through June 30, 2004. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. Code Compliance 12. Resolution of the City of San Bernardino authorizing extension of the existing purchase orders to Larry Jacinto Farming and Scott Tractor Service for a maximum of $130,000 in the aggregate to perform weed abatement services for Fiscal Year 200312004. (See Attached) (Cost to the City -- $130,000 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino objecting to the August 2003 tax sale of properties with City Assessments. (See Attached) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Development Services 14. Authorization to proceed, approval of plan, and resolution of the City of San Bernardino declaring its intention to order the vacation of portions of Laurelwood Drive, east of Orchard Drive and Orchard Drive, north and south of Laurelwood Drive. (See Attached) (No cost to the City.) Ward 3 Resolution of the City of San Bernardino declaring its intention to order the vacation of portions of Laurelwood Drive, east of Orchard Drive and Orchard Drive, north and south of Laurelwood Drive. (Resolution not available at time of printing.) MOTION: That the Director of Development Services be authorized to proceed with the proposed vacation of portions of Laurelwood Drive, east of Orchard Drive and Orchard Drive, north and south of Laurelwood Drive and that Plan No. 10755, depicting the proposed vacation be approved; and that said resolution be adopted. 6 07/21/2003 15. Resolution of the City of San Bernardino authorizing the Mayor to execute Amendment No. 5 to Agreement with Architect Milford Wayne Donaldson, FAIA, Inc., for bidding assistance/construction observation for the renovation and retrofit of the San Bernardino Santa Fe Depot. (Documents not available at time of printing. (Cost to the City -- $100,000 from the Federal and State Programs Fund.) Ward 1 MOTION: That said resolution be adopted. Economic Development A~ency 16. 303 West Third Street - HUD 108 Loan Agreement. (See Attached) Ward 1 MOTION: That the Mayor be authorized to modify the 20-Year Loan Commitment Schedule for the 303 West Third Street HUD 108 Loan by adding one additional year of interest only payments. Facilities Mana~ement 17. Resolution of the Mayor and Common Council of San Bernardino authorizing the issuance of a purchase order to SCR Group, Inc. dba Southern California Roofing Company for reroofing and roofing repairs to Delmann Heights Community Center and Galaxy Gymnasium, and authorizing the issuance of a purchase order to Reycrest Roofing and Waterproofing Company for reroofing and roof repairs to Hernandez Community Center and Galaxy Community Center. (See Attached) (Cost to the City -- $550,000 from the Park Construction Fund) (Resolution not available at time of printing.) Wards 1&6 MOTION: That said resolution be adopted; and that the Director of Finance be authorized to appropriate $550,000 from the Park Construction Fund for FY 2003/04 as outlined in the staff report. 18. Approval of plans and design for Fire Station No. 232, to be built in the Verdemont area, and authorization for the City Engineer to solicit bids for construction. (See Attached) (Cost to the City -- $2,000,000 from a California Infrastructure Bank Loan. ) Ward 5 MOTION: That the plans and design for the Verdemont Fire Station No. 232 be approved, and that the City Engineer be authorized to solicit bids for construction. 7 07/21/2003 Finance 19. Resolution of the Mayor and Common Council of the City of San Bernardino to enter into a Lease-Purchase Agreement with Sun Trust Leasing to refinance the existing Lease-Purchase Agreements with Banc One, GE Capital, and Commercial Leasing for all outstanding fire apparatus leases and refuse truck leases and authorize execution of appropriate documents. (See Attached) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Human Resources 20. Resolution of the City of San Bernardino approving an agreement with Liebert Cassidy Whitmore for labor relations training services. (See Attached) (Cost to the City -- $1,925 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Parks, Recreation & Community Services 21. Resolution awarding a purchase order in the amount of $96,989.56 to California Structural Contractors for purchase and installation of one Litchfield 36 foot Rainbow Band Shelter at Anne Shirrells Park in accordance with attached description and drawings. (See Attached) (Cost to the City -- $96,989.56 from the Park Construction Fund.) (Resolution not available at time of printing.) Ward 6 MOTION: That said resolution be adopted. Police 22. Authorize execution of subpoena for production of telephone records relative to a Police Internal Affairs Investigation. (See Attached) (No cost to the City.) MOTION: That the Mayor be authorized to execute, and the City Clerk to attest, the attached subpoena for the telephone records of Verizon California, Inc. 8 07/21/2003 23. Resolution of the City of San Bernardino authorizing the transfer of two (2) older model Police vehicles to the Inland Valley Development Agency (I. V.D.A.)/San Bernardino International Airport Authority (S.B.I.A.A.), for the use by the Airport Security Force. (See Attached) (Cost to the City -- $5,000 to $6,000 in unrealized revenue to the General Fund.) MOTION: That said resolution be adopted. Water Department 24. 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 $12,362.50 for the Fiscal Year 200312004. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Ways and Means Committee on July 9, 2003 - Committee Members present: McCammack, McGinnis and Derry 25. Request for waiver of fees by The Gents Organization for the 2003 "Fiesta Route 66" at Nunez Park on September 13, 2003. (See Attached) (Cost to the City -- $9,243 from the General Fund.) Ward 1 MOTION: That indirect funding in the amount of $9,243 be transferred from the FY 2003/04 Civic and Promotion Fund to various City departmental accounts as listed in the staff report; and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2003 "Fiesta Route 66" event scheduled for September 13, 2003. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement with the City of San Bernardino and the Little League Baseball, Inc., Western Regional Headquarters for financial assistance from the Civic and Promotion Fund for FY 2003/04. (See Attached) (Cost to the City -- $5,000 in direct funding, and $33,416 in indirect funding from the General Fund.) Ward 5 9 07/21/2003 26. Continued. MOTION: That said resolution be adopted; that direct funding in the amount of $5,000 from the FY 2003/04 Civic and Promotion Fund be approved; that indirect funding in the amount of $33,416 be transferred from the FY 2003/04 Civic and Promotion Fund to various City departmental accounts as listed in the staff report; and that a waiver of fees and use of city personnel and equipment be authorized to support Little League Baseball, Inc., Western Regional Headquarters, in the conduct of their 2003 tournament season. Recommended for approval at the Grants Committee on July 15, 2003 - Committee Members present - McCammack and Estrada 27. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal an application and accept the FY 03/04 Enhancement of Community Policing Grant from the U.S. Department of Justice. (See Attached) (No cost to the City -- $250,000 in grant funding requested.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT PUBLIC HEARINGS City Administrator TO BE HEARD AT 4:00 P.M. 28. Public hearing - An Ordinance granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas within said municipality. (See Attached) (No cost to the City - additional revenue of $140,000 - $400,000 to the General Fund) All Wards An Ordinance of the City of San Bernardino granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereafter exist, within said municipality. FIRST READING (Ordinance not available at time of printing.) (Item Continued on Next Page) 10 07/21/2003 28. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said ordinance be laid over for final adoption. City Clerk TO BE HEARD AT 4:00 P.M. 29. Public hearing - Resolution of the City of San Bernardino imposing liens on real property located within the City of San Bernardino 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. Development Services TO BE HEARD AT 4:00 P.M. 30. Public hearing - Resolution of the City of San Bernardino changing the name of a portion of State Street to Norm Johnson Way, south of Highland Avenue to 5th Street in the City of San Bernardino. (See Attached) (No cost to the City.) Ward 6 Resolution of the City of San Bernardino changing the name of a portion of State Street to Norm Johnson Way, south of Highland Avenue to 5th Street in the City of San Bernardino. (Resolution not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing relative to the street name change of a portion of State Street to Norm Johnson Way, south of Highland Avenue to 5th Street, be closed; and that said resolution be adopted. END OF PUBLIC HEARINGS 11 07/21/2003 STAFF REPORTS City Administrator 31. Resolution authorizing the City of San Bernardino to establish 2003-2004 expenditures for the month of August only, at one-twelfth the proposed levels contained in the Preliminary Detail Budget for the 2003-2004 Fiscal Year, or as needed to pay the authorize costs incurred for the month of August, 2003 only, pending final approval of the 2003-2004 Budget. (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at the Le~islative Review Committee on July 8, 2003 - Committee Members present: Lon~ville and McGinnis 32. An Ordinance of the City of San Bernardino adding Section 10.24.230 to the San Bernardino Municipal Code relating to requiring registration to participate in Route 66 Cruising Events. FIRST READING (See Attached) (No cost to the City.) MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Le~islative Review Committee on July 8, 2003 - Committee Members present: Lon~ville and McGinnis 33. An Ordinance of the City of San Bernardino adding Chapter 9.92 to the San Bernardino Municipal Code to establish an administrative citation process for Code Enforcement violations. FIRST READING (See Attached) MOTION: That said ordinance be laid over for final adoption. Library 34. Resolutions submitting to the qualified electors of said City a ballot measure relating to a special tax for ten years to help fund the City's Libraries and calling a special municipal election be consolidated with the November 4, 2003 consolidated election conducted by the County of San Bernardino. (Documents not available at time of printing.) (Item Continued on Next Page) 12 07/21/2003 34. Continued. A. Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a ballot measure relating to a special tax for ten years to help fund the City's Libraries; transmission of the proposed ballot measure to the Office of the City Attorney for purposes of preparation of an impartial analysis. (Resolution not available at time of printing.) B. Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a ballot measure relating to a special tax for ten years to help fund the City's Libraries and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 4, 2003 Consolidated Election conducted by the County of San Bernardino. (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 13 07/21/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, JULY 21,2003 - 7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS TO BE HEARD AT 7:00 P.M. 35. Conditional Use Permit No. 03-01 - Appeal of Planning Commission's approval to establish a supper club/nightclub at 911 S. "E" Street in the CG-l, Commercial General, land use district. (Documents not available at time of printing.) Ward 3 Mayor to open the hearing . . . MOTION #1: That the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-01, based on the Findings of Fact in the Planning Commission staff report, subject to the Conditions of Approval and Standard Requirements; or MOTION #2: That the hearing be closed; and that the Mayor and Common Council uphold the appeal and deny Conditional Use Permit No. 03-01 and continue for two weeks for Development Services to bring Findings of Fact to the Council. TO BE HEARD AT 7:00 P.M. 36. Appeal hearing - Appeal No. 03-05 - request to overturn the Planning Commission's denial of Tentative Parcel Map No. 15893, to subdivide 6.64 acres into four parcels with a minimum lot size of 1.0 acre - property is located at 7585 N. Martin Ranch Road - northwest corner of Meyers Road and Martin Ranch Road. (See Attached) Ward 5 (Item Continued on Next Page) 14 07/21/2003 36. Continued. Appellant/ Owners: Dennis & Monica Soares 7575 Martin Ranch Road San Bernardino, CA 92407 Request/Location: The appellant is appealing the Planning Commission's denial of Tentative Tract Map No. 15893, a request to subdivide a 6.64-acre lot into four parcels with a minimum lot size of 1.0 acre, and no construction of houses proposed with the subdivision request. The property is located at 7585 N. Martin Ranch Road, at the northwest corner of Meyers Road and Martin Ranch Road, in the RE, Residential Estate, land use district. Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Planning Commission's denial of Tentative Tract Map No. 15893 (Subdivision No. 02- 04), be upheld. TO BE HEARD AT 7:00 P.M. CONTINUED FROM JUNE 16, 2003 37. Public hearing - reconsideration of Conditional Use Permit No. 02-10 and Variance No. 02-07 - including a reduction of the required number of parking spaces by two for the proposed Wendy's Restaurant at the southeast corner of Rosewood and Tippecanoe Avenues. (See Attached) Ward 3 MOTION: That the hearing be closed; and that the Mayor and Common Council approve Conditional Use Permit No. 02-10 and Variance No. 02-07, including a reduction of the required number of parking spaces by two and excluding Condition No. 12 of the Conditions of Approval which references a reciprocal parking agreement for the proposed Wendy's Restaurant at the southeast corner of Rosewood and Tippecanoe Avenues in the CG-l, Commercial General, land use district based upon the Revised Findings of Fact contained in the Mayor and Common Council Staff Report dated December 2, 2002. 15 07/21/2003 TO BE HEARD AT 7:00 P.M. 38. Public hearing - Development Permit III No. 03-05 & Variance No. 03-04, to allow the construction of the Verdemont Fire Station on the east side of Palm Avenue, north of Kendall Drive. (See Attached) (No cost to the City.) Ward 5 Mayor to open the hearing . . . MOTION: That the hearing be closed; and that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program and approve Development Permit III No. 03-05 and Variance No. 03-04 based on the Findings of Fact contained in the staff report, subject to the Conditions of Approval (Exhibit 3) and Standard Requirements (Exhibit 4). END OF PLANNING ITEMS 39. 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.) 40. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday, August 4, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 16 07/21/2003 NOTICE: Any member of the public may address this meeting of the Mayor and Common Council/Community Development Commission on any item appearing on the agenda by approaching the microphone in the Council Chambers when the item about which the member desires to speak is called and by asking to be recognized. Any member of the public desiring to speak to the Mayor and Common Council/Community Development Commission concerning any matter not on the agenda but which is within the subject matter jurisdiction of the Mayor and Common Council/Community Development Commission, may address the body at the end of the meeting, during the period reserved for public comments. Said total period for public comments shall not exceed forty-five (45) minutes, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. A three minute limitation shall apply to each member of the public, unless such time limit is extended by the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. The Mayor and Common Council/Community Development Commission may refer any item raised by the public to staff, or to any commission, board, bureau, or committee for appropriate action or have the item placed on the next agenda of the Mayor and Common Council/Community Development Commission. However, no other action shall be taken nor discussion held by the Mayor and Common Council/Community Development Commission on any item which does not appear on the agenda unless the action is otherwise authorized in accordance with the provisions of subdivision (b) of Section 54954.2 of the Government Code. Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 17 07/21/2003