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HomeMy WebLinkAbout10-20-2003 Reg.Agenda AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO MONDAY, OCTOBER 20,2003 -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. (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): Michelle P. Arroyo v. City of San Bernardino, et al - United States District Court Case No. CV 02-8967 ABC (SHSx)/San Bernardino Superior Court Case No. SCVSS 100619; (Item Continued on Next Page) 1 10/20/2003 I. Continued. Cassandra Dailey v. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCVSS 034774; Candice Dick v. City of San Bernardino, et al - United States District Court Case No. EDCV 02-158 V AP (SGLx); Credit Bureau of San Bernardino, Inc. and Lawrence J. Winslow, dba Credit Bureau of San Bernardino v. City of San Bernardino, and Does 1 throu{:h 50, inclusive - San Bernardino Superior Courl Case No. SCVSS 71169; Velardez, Fernando; Annando Velardez, v. City of San Bernardino Police Deparlment; San Bernardino Police Ser{:eant S. Lowes #25113; and Does 10 - San Bernardino Superior Courl Case No. SCVSS 097365. 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. (Item Continued on Next Page) 2 10/20/2003 I. Continued. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: I. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Fire Fighters' Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. END OF CLOSED SESSION 3 10/20/2003 RECONVENE MEETING PRESENT: ABSENT: INVOCATION: PLEDGE: 2. Appointments. A. Police Commission - M.E. "Bud" Melvin - Council Member Derry. (Document not available at time of printing.) MOTION: That the appointment of M.E. "Bud" Melvin to the Police Commission, as requested by Council Member Derry, be approved. 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 16, be adopted except for _, _, _, _, and _. 4 10/20/2003 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. 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: September 15, 2003 (Distributed on 10/13/03) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October 6, 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 October 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. Request for Temporary Use Permit (TUP) fee waiver for the Inland Regional Center Family Fun Festival - November I, 2003. (See Attached) (Cost to the City -- $1,028 from various departmental accounts.) Ward 3 MOTION: That the request by the Inland Regional Center for a waiver of the Temporary Use Permit and other related departmental fees in the amount of $1,028 in connection with their Family Fun Festival at 674 Brier Drive, San Bernardino, on Saturday, November I, 2003, be approved. 5 10/20/2003 City Attorney's Office 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium & Haws and the City of San Bernardino to represent the City of San Bernardino in the case of Shirley Allen v. City of San Bernardino, et al. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Development Services II. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 13572, located at the southeast corner of Palm A venue and Ohio A venue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 14352 located at the northeast corner of Palm A venue and Verdemont Drive, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 13. Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 15538 located at the northwest corner of Palm Avenue and Belmont Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) Ward 5 MOTION: That said resolution be adopted. 6 10/20/2003 14. Authorize rejection of all bids and solicitation of new bids for the construction of Verdemont Fire Station #232. (Document not available at time of printing.) Ward 5 MOTION: That the Mayor and Common Council authorize the rejection of all bids for the construction of Verdemont Fire Station #232, authorize staff to revise the plans and design for said fire station, and authorize the City Engineer to solicit new bids for the construction of Verdemont Fire Station #232 based upon said revised plans and design. Information Services 15. Resolution of the City of San Bernardino authorizing the Purchasing Manager to sell surplus emergency lighting equipment to the County of San Bernardino's 800 MHZ Group. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. Park, Recreation & Community Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer a grant in the amount of $45,000 from San Bernardino County Emergency Food & Shelter Program Local Board FEMA XXII for the administration of a Food & Shelter Program for at risk families through the Westside Community Service Center. (No Cost to the City -- $45,000 fully funded by the Federal FEMA XXII Food and Shelter Program.) (Document and Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. END OF CONSENT CALENDAR 7 10/20/2003 CONTINUED ITEMS Council Office CONTINUED FROM OCTOBER 6, 2003 17. SCAG Visioning Project. (Continued from September 15, 2003, Item No. 20 and Continued from October 6,2003, Item No. 27.) City Administrator's Office CONTINUED FROM OCTOBER 6, 2003 18. A Resolution of the Mayor and Common Council of the City of San Bernardino declaring the intention to establish a Community Facilities District for the ongoing operation and maintenance of a fire station for the Verdemont Area. (Backup material distributed on October 6,2003, Item No. 10.) MOTION: That the matter be continued to November 17, 2003. END OF CONTINUED ITEMS 8 10/20/2003 MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO RECONVENE MEETING MONDAY, OCTOBER 20,2003 -7:00 P.M. PRESENT: ABSENT: PLANNING ITEMS CONTINUED FROM SEPTEMBER 15, 2003 TO BE HEARD AT 7:00 P.M. 19. 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 - DCA No. 03-08 is a request to modify the CR-3 district to allow not more than two drive-thru restaurants to be located within two parcels and not more than 600 feet west of Tippecanoe Avenue and immediately north of Harriman Place; and will also allow one drive-thru restaurant on the southwest corner of Tippecanoe Avenue and Harriman Place. (New Staff Report Attached) (Backup material distributed on September 15, 2003, Item No. 26. 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). (Item Continued on Next Page) 9 10/20/2003 19. Continued. Mayor to open the hearing . . . MOTION: That the matter be continued to November 17, 2003. TO BE HEARD AT 7:00 P.M. 20. General Plan Amendment No. 02-03 and Conditional Use Permit No. 02-02 - to change the land use designation of approximately 5.6 acres from RS, Residential Suburban to RU-l, Residential Urban land use district and construct a congregate care housing for women with children - located along the north side of 6th Street and between Victoria A venue and 7th Street to include the existing Veronica's Home of Mercy site, vacant parcels and single family homes. (See Attached) (No cost to the City.) Ward 1 Resolution of the City of San Bernardino adopting General Plan Amendment No. 02-03 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RS, Residential Suburban, to RU-l, Residential Urban for 5.6 acres located along the north side of 6th Street and between Victoria A venue and 7th Street to include the existing Veronica's Home of Mercy site, vacant parcels and single family homes. (Resolution not available at time of printing.) Owner: Mary's Mercy Center, Inc. Veronica's Home of Mercy POBox 7563 San Bernardino, CA 92411 Applicant: Gary Maxwell Maxwell & Associates 2175 Pacific Avenue, No. C-4 Costa Mesa, CA 92627 Request/Location: The applicant requests to change the land use designation of approximately 5.6 acres from RS, Residential Surburban, to RU-l, Residential Urban land use district. The project site is located along the north side of 6th Street and between Victoria A venue and 7th Street to include the existing Veronica's Home of Mercy site, vacant parcels and single-family homes. (Item Continued on Next Page) 10 10/20/2003 20. Continued. Mayor to open the hearing . . . MOTION: That the hearing be closed; that said resolution be adopted and Conditional Use Permit No. 02-02 be approved based on the Findings of Fact in the Planning Commission Staff Report dated August 19, 2003, subject to the Conditions of Approval and Standard Requirements (Exhibit C). END OF PLANNING ITEMS COMMUNITY DEVELOPMENT COMMISSION ITEMS TO BE HEARD AT 7:00 P.M. R21. Public hearing - 2003 Disposition and Development Agreement with Stan Robbins for exchange of property located at 450 North "F" Street and purchase of Agency property located at 532 North "D" Street. (Document not available at time of printing.) Ward 1 (Community Development Commission) A. A Resolution of the Community Development Commission of the City of San Bernardino (I) approving the exchange purchase of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") from Stan Robbins, an individual, (2) approving the exchange sale of certain real property by the Agency to Stan Robbins, and (3) authorizing the Agency Executive Director to execute the 2003 Disposition and Development Agreement between the Agency and Stan Robbins. (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 (I) approving the exchange purchase of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") from Stan Robbins, an individual and (2) approving the exchange sale of certain real property by the Agency to Stan Robbins. (Resolution not available at time of printing.) Mayor to open the hearing . . . 11 10/20/2003 R21. Continued. MOTION: That the hearing be closed and that said Resolutions A & B, be adopted. R22. A Resolution of the Community Development Commission of the City of San Bernardino approving the bid of Quinmar Janitorial Services for janitorial services at the 201 North "E" Street building, and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to sign and issue an annual purchase order to Quinmar Janitorial Services in the amount of $34,200, for a period of three (3) years, for a total authorization not-to-exceed $102,600. (Document and Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 23. 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.) 24. Adjournment. MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting is scheduled for I: 30 p. m., Monday, November 3, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 12 10/20/2003 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. 13 10/20/2003