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HomeMy WebLinkAbout09-15-2003 Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO MONDAY, SEPTEMBER 15, 2003 - 12:30 P.M. COUNCIL CHAMBERS The City of San Bernardino recognizes its obligation to provide equal access to those individuals with disabilities. Please contact the Director of Facilities Management (384-5244) two working days prior to the meeting for any requests for reasonable accommodation to include interpreters. (Community Development Commission Items are on pages 11-12.) CALL TO ORDER: PRESENT: ABSENT: PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-minute limitation shall apply to each member of the public who wishes to address the Mayor and Common Council/Community Development Commission. No member of the public shall be permitted to "share" his/her three minutes with any other member of the public. CLOSED SESSION 1. Pursuant to Government Code Section(s): MOTION: That the Mayor and Common Council and the Community Development Commission recess to closed session for the following: A. Conference with legal counsel - eXIstmg litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino Municipal Water Department v. United States Department of the Army - United States District Court Case No. CV 96- 8867 & CV 96-5205; 1 09/15/2003 1. Continued. Omana Gopal v. City of San Bernardino; John Cardillo; and Does 1 to 50, inclusive - San Bernardino Superior Court Case No. SCVSS 093295. 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 City Professional Firefighters' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: HUB Properties, APN 0281-082-057 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Vibhakerbhai Patel, property owner Under Negotiation: Purchase price, terms & conditions 2 09/15/2003 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. 3. Presentations. A. Service Pin Awards Ceremony B. Customer Service Quarterly Award (April-June 2003) 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. 3 09/15/2003 6. Council Minutes. 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: July 21, 2003 August 4, 2003 August 18, 2003 (Distributed 9/9/03) (Distributed 9/9/03) (Distributed 9/9/03) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated September 2, 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 September 9, 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 LAID OVER FROM SEPTEMBER 2, 2003 9. An Ordinance of the City of San Bernardino amending Chapter 9.92.020 of the San Bernardino Municipal Code concerning the qualifications of Administrative Law Officers. FINAL READING (Backup material distributed on September 2, 2003, Item No. 19.) MOTION: That said ordinance be adopted. Development Services 10. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 2852 N. Macy Street (Muscoy Fire Station No. 75). (See Attached) (No Cost to the City -- $1,000 Processing fee paid by applicant.) (Item Continued on Next Page) 4 09/15/2003 10. Continued. MOTION: That the Mayor and Common Council authorize the Director of Development Services to initiate proceedings for the provision of City sewer services outside the City boundaries for property located at 2852 N. Macy Street (Muscoy Fire Station No. 75; and that said resolution be adopted. Facilities Mana~ement 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract and issuance of a purchase order to Expanets of California, Inc. for the installation of a NEAXMAIL AD-40 voicemail system to the City's telephone system for the Facilities Management Department in the amount of $39,120.00. (See Attached) (Cost to the City -- $39,120 from the Telephone Support Fund) MOTION: That said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to carry over $39,120 in unexpended funds from FY 2002-2003 Telephone fund budget Account No. 630-262-5703 to FY 2003-2004 Telephone budget fund. Fire 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to L. N. Curtis & Sons in the amount of $63,897.13 for Self Contained Breathing Apparatus (SCBA). (See Attached) (Cost to the City -- $63,897.13 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue a purchase order to Fitness Appraisal, Inc. in the amount of $28,700.00 to perform physical baseline evaluations for the Fire Department Wellness and Fitness Program. (Cost to the City -- $28,350.00 from the Federal and State Programs Fund.) (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 5 09/15/2003 Human Resources 14. Resolution of the City of San Bernardino approving a Side Letter to Resolution No. 2001-94, establishing a Compensation and Benefits Plan for the Management/Confidential and Unclassified Employees, amending Section I, PERS, Safety Employees, Subsection 5, for Police Safety Management. (Cost to the City -- $30,824 from the General Fund.) (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. 15. Resolution of the City of San Bernardino amending Resolution 6413, Section Thirteen, Temporary/Part-time Employees, entitled, in part, "A Resolution. . .establishing a basic compensation plan..." by updating information codifying prior Council actions. (No cost to the City.) (Document and 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 Mayor or her designee to execute an Agreement with the San Bernardino City Unified School District to provide contractual services for after-school recreation programs at Cole Elementary School. (See Attached) (No Cost to the City) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Public Services 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the second option year of the contract between the City of San Bernardino and Guzman Construction Co., for repair of sidewalks, curbs, gutters, and driveways at various locations throughout the City of San Bernardino. (See Attached) (Cost to the City -- $100,000 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 6 09/15/2003 COMMITTEE CONSENT Recommended for approval at the Grants Committee on Au~ust 26, 2003 Committee Members Present: McCammack, Anderson and Estrada 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to apply for and accept a Driving Under the Influence (DUI) mini grant from the State of California Office of Traffic Safety in the amount of $38,300. (See Attached) (No cost to the City.) MOTION: That said resolution be adopted. END OF COMMITTEE CONSENT CONTINUED ITEMS Public Services CONTINUED FROM SEPTEMBER 2, 2003 19. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-L/CNG Fueling Station at the City Corporate Yard. (Backup material distributed on August 18, Item No. 24; item continued from September 2, 2003, Item No. 18.) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS Council Office 20. SCAG Visioning Project Update. 7 09/15/2003 Development Services 21. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San Bernardino Municipal Code to establish a thirty-five mile per hour speed limit on Mountain Avenue between Lynwood Drive and Thirty-ninth Street. FIRST READING (Cost to the City -- $800 from the General Fund.) Wards 4&7 MOTION: That said ordinance be laid over for final adoption. 22. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 200312004 through 200712008 Capital Improvement Program. (No Cost to the City.) (Document and Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 23. Resolution of the City of San Bernardino adopting the Five-Year Capital Improvement Program (2003-2008) for Measure "I" Local Expenditures. (No Cost to the City.) (Document and Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Parks, Recreation & Community Services 24. An Ordinance of the City of San Bernardino amending Section l2.68.020A of the San Bernardino Municipal Code relating to hours of use of public parks. FIRST READING (Document and Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption and that the ordinance be referred to the Legislative Review Committee. END OF STAFF REPORTS 8 09/15/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, SEPTEMBER 15, 2003 -7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS TO BE HEARD AT 7:00 P.M. 25. Public hearing - General Plan Amendment No. 02-11, Tentative Tract Map No. 16457 and Tentative Tract Map No. 15940; a request to change the land use district from RE, Residential Estate, to RL, Residential Low, for two sites. (See Attached) Ward 5 Resolution of the City of San Bernardino adopting General Plan Amendment No. 02-11 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RE, Residential Estate, to RL, Residential Low, for 4.33 acres located at northwest corner of Palm and Irvington Avenues and for the easterly 5.65 acres of a 10.35 acre parcel located at the northeast corner of Palm and Irvington A venues. (Resolution not available at time of printing.) Owner/Applicant: CDI - San Bernardino 22365 Barton Road, Suite 110 Grand Terrace, CA 92313 Request/Location: The applicant requested a General Plan Amendment No. 02- 11, Tentative Tract Map No. 16457 and Tentative Tract Map No. 15940 to prepare two sites at the northwest and northeast corners of Palm and Irvington Avenues for development. General Plan Amendment No. 02-11 would change 4.33 acres of land from RE, Residential Estate, to RL, Residential Low, at the northwest corner of Palm and Irvington Avenues, and would change 5.65 acres of a 10.35 acre parcel of land from RE, Residential Estate, to RL, Residential Low, at the northeast corner of Palm and Irvington Avenues. (Item Continued on Next Page) 9 09/15/2003 25. Continued. Tentative Tract Map No. 15940 would subdivide 13.73 acres into 41 single- family residential lots with a minimum lot size of 10,800 square feet. Tentative Tract Map No. 16457 would subdivide 15.56 acres into 47 single-family residential lots with a minimum lot size of 10,800 square feet and dedicate approximately 4.7 acres of remaining land to the City of San Bernardino to be used as a local park. Mayor to open the hearing . . . MOTION #1: That the hearing be closed; that said resolution be adopted; that the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program be adopted, and Tentative Tract Map No. 16457 and Tentative Tract Map No. 15940 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); or MOTION #2: That the hearing be closed; that General Plan Amendment No. 02-11, Tentative Tract Map No. 16457, and Tentative Tract Map No. 15940 be denied and continued for two weeks for Development Services to bring findings of fact to the Council. TO BE HEARD AT 7:00 P.M. 26. Appeal of Planning Commission approval of Conditional Use Permit (CUP) No. 03-08 and Development Code Amendment (DCA) No. 03-02 - request to construct a 3,220 square foot fast-food restaurant with a drive-thru located at the southwest corner of Tippecanoe Avenue and Harriman Place. (See Attached) Ward 3 Appellant: Frank A. Weiser 3460 Wilshire Boulevard, Suite 903 Los Angeles, CA 90010 Applicant: In- N -Out Burgers 13502 Hamburger Lane Baldwin Park, CA 91706 Request/Location: Conditional Use Permit No. 03-08 is a request to permit the construction of a 3,220 square foot fast-food restaurant with a drive-thru in the HUB Project area located at the southwest corner of Tippecanoe Avenue and Harriman Place in the CR-3, Commercial Regional, land use district (Exhibit A). 10 09/15/2003 26. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; that the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 03-08, based upon Findings of Fact contained in Development Code Chapter 19.36, Conditional Use Permits, Section 19.36.050. END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION ITEMS R27. Cooperation Agreement - Inland Valley Development Agency (IVDA), City of San Bernardino and Redevelopment Agency (North Arden-Guthrie Area - IVDA Project Area. (Document not available at time of printing.) (No cost to the City) Ward 7 (Community Development Commission) A. A Resolution of the Community Development Commission of the City of San Bernardino ("Commission") authorizing the Chairperson of the Commission to execute a Redevelopment Cooperation Agreement by and among the Inland Valley Development Agency, the Redevelopment Agency of the City of San Bernardino ("Agency") and the City of San Bernardino relating to the initiation of studies for the redevelopment of lands previously acquired by the Agency and relating to transfer or delegation of redevelopment authority to the Agency relative to properlies in the Norlh Arden-Guthrie Area ("Arden-Guthrie Implementation Area "). (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 authorizing the Mayor to execute a Redevelopment Cooperation Agreement by and among the Inland Valley Development Agency, the Redevelopment Agency of the City of San Bernardino ("Agency") and the City of San Bernardino relating to the initiation of studies for the redevelopment of lands previously acquired by the Agency and relating to transfer or delegation of redevelopment authority to the Agency relative to properlies in the norlh Arden- Guthrie Area ("Arden-Guthrie Implementation Area "). (Resolution not available at time of printing.) MOTION: That said resolutions A & B, be adopted. 11 09/15/2003 Recommended for approval at the Redevelopment Committee Meetin~ of September 4, 2003 - Committee Members Present: Anderson and Estrada R28. A Resolution of the Community Development Commission of the City of San Bernardino authorizing the Executive Director of the Agency to execute Amendment No. 1 to Owner Participation Agreement, dated as of September 17, 2001, by and between the Redevelopment Agency of the City of San Bernardino and In-N-Out Burgers. (No cost to the Agency.) (Document and Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee Meetin~ of Au~ust 21,2003 - Committee Members Present: Estrada and Suarez R29. 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 a 2003 Property Owner Redevelopment Agreement by and between the Agency and Tahiti Partners I, LLC, a Limited Liability Corporation, for the development of an office/retail center at 514 and 540 N. Arrowhead Avenue in the Central City North Redevelopment Project Area. (Cost to the Agency -- $68,000 from Tax Increment funding.) (Document and Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee meetin~ of September 4, 2003 - Committee Members Present: Anderson, Estrada and Suarez R30. Set a public hearing for October 6, 2003, at 7:00 p.m. on the Tax and Equity Fiscal Responsibility Act (TEFRA) to consider the California Statewide Communities Development Authority issuance of bonds for the proposed new Inland Behavioral and Health Services, Inc. medical facility. (See Attached) MOTION: That the Mayor and Common Council of the City of San Bernardino set a public hearing for October 6, 2003 to consider the California Statewide Communities Development Authority issuance of bonds for the proposed new Inland Behavioral and Health Services, Inc. medical facility. 12 09/15/2003 31. 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.) 32. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for 1: 30 p. m., Monday, October 6, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 13 09/15/2003 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. 14 09/15/2003