HomeMy WebLinkAbout11-04-2002 Jt. Reg Mtg
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 4, 2002 - 8:00 A.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 15 & 16.) .
CALL TO ORDER:
PRESENT:
ABSENT:
NOTE: The meeting of the Mayor and Common Council will adjourn
until 1:30 p.m., at which time closed session matters will be
discussed. The public agenda will begin at 3:00 p.m.
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
I. 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:
(Item Continued on Next Page)
11104/2002
1. Continued.
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et a!. v. City of San Bernardino - United States District
Court Case No. CV 00-03048;
Stubblefield Construction Company, et a!. v. City of San Bernardino, et
a!. - San Bernardino Superior Court Case No. SCV 252058;
In Re Bankruptcy of CYSA -South San Bernardino Soccer Foundation -
Case No. RS 02-18493MG;
San Bernardino Redevelopment Agency v. William H. Cooper - San
Bernardino Superior Court Case No. SCVSS 67622;
Patricia Dolby, et a!. v. City of San Bernardino, et a!. - San Bernardino
Superior Court Case No. SCVSS 72979;
A vila Construction, Inc. v. City of San Bernardino, et a!. - United States
District Court Case No. EDCV 01-0582 YAP (SGLx);
Richard P. Avila, et a!. v. Mike Grubbs, et a!. - San Bernardino
Superior Court Case No. SCVSS 084862;
David M. Sanborn v. A vila Construction, et a!. - San Bernardino
Superior Court Case No. SCVSS 078410;
Candice Dick v. City of San Bernardino, et a!. - United States District
Court Case No. EDCV 02-158 V AP (SGLx);
Cassandra Daily v. City of San Bernardino, et a!. - San Bernardino
Superior Court Case No. SCVSS 034774.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9: Cypress Inn Mobilehome Park and
VanRossum claim.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
(Item Continued on Next Page)
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1 1104/2002
1. Continued.
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) Fire negotiation issue
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property Address:
441 West Eighth Street
Negotiating Parties:
Fred Wilson on behalf of the City of
San Bernardino and the San
Bernardino Community College
District
Under Negotiation:
Purchase, terms & conditions
2.
Properties:
Parcel Nos,
138-301-03
138-301-04
138-301-05
Address
246 North "K" Street
240 North "K" Street
232 North "K" Street
Negotiating Parties:
Gary V an Osdel on behalf of the
Redevelopment Agency and Gilbert
Castillo, owner
Under Negotiation:
Purchase, terms & conditions
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11/04/2002
1. Continued.
3.
4.
Property:
Parcel No.
138-301-07
Negotiating Parties:
Under Negotiation:
Property:
Parcel No.
138-301-08
Negotiating Parties:
Under Negotiation:
Address
1108 West 20d Street
Gary Van Osdel on behalf of the
Redevelopment Agency and Branko
Belichefsky on behalf of the
Belichefsky Children Family Trust
Purchase, terms & conditions
Address
1122 West 20d Street
Gary Van Osdel on behalf of the
Redevelopment Agency and Alice
E. Spar, Richard E. Gardner, et al.
owner
Purchase, terms & conditions
END OF CLOSED SESSION
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11/04/2002
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Lenore Schon - Human Relations Commission - Alternate Member -
Mayor Valles.
MOTION: That the appointment of Lenore Schon to the Human
Relations Commission, as an alternate member, as
requested by Mayor Valles, be approved.
3. Presentations.
A. Special Service Pin A wards 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 normal
sequence on the agenda. Information 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
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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11/04/2002
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:
September 23, 2002
October 7, 2002
October 11, 2002
(Distribnted on 10/25/02)
(Distributed on 10/24/02)
(Distribnted on 10/25/02)
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 22, 2002
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 29, 2002, 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 public hearing for November 18,2002 at 4:00 p.m. to consider various fee
adjustments. (See Attached)
MOTION: That the Mayor and Common Council set a public hearing for
Monday, November 18, 2002, at 4:00 p.m. in the Council
Chambers to consider adjusting various fees.
Development Services
LAID OVER FROM OCTOBER 21, 2002
10. An Ordinance of the City of San Bernardino amending Section 10.16.180 of the
San Bernardino Municipal Code to increase the number of Preferential Parking
Permits issued per dwelling from two to a maximum of four, in areas where
Preferential Parking Permit Programs are in effect. FINAL READING
(Backup material was distributed on October 21, 2002, Item No, 24.)
MOTION: That said ordinance be adopted.
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11104/2002 Revised
II. Reject all bids for Timber Creek improvements between Lena Road and Twin
Creek per Plan No. 10069 and direct staff to rebid tbe project. (See Attached)
Ward 1
MOTION: That the Mayor and Common Council reject all bids for Timber
Creek improvements between Lena Road and Twin Creek per
Plan No. 10069 and direct staff to rebid the project as described
in the staffreport dated October 18, 2002, from James Funk,
Director of Development Services.
Finance
12. Fiscal Year 2001/2002 to Fiscal Year 2002/2003 Continuing Appropriations and
Encumbrance Carryovers.
MOTION: That the Mayor and Common Council approve the attached
listing of Fiscal Year 2001/2002 Continuing Appropriations and
Encumbrance Carryovers into Fiscal Year 2002/2003.
Human Resources
13. Resolution of the Mayor and Common Council of tbe City of San Bernardino
appointing specific directors to tbe Big Independent Cities Excess Pool Joint
Powers Authority. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Mayor's Office
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement witb the Inland Empire Symphony
Association for the promotion of arts and culture. (See Attached) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
15. Resolution autborizing the Mayor of tbe City of San Bernardino or her designee
to execute an agreement with the San Bernardino City Unified School District
relating to delivery of Type" A" lunches to City sites for the District's year-
round lunch program. (See Attached) (No cost to the City - San Bernardino
City Unified School District program funded by grant from U.S.D.A.)
All Wards
MOTION: That said resolution be adopted.
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11104/2002
16. Resolution of the Mayor and Common Council of the City of San Bernardino to
authorize the execution of a Contractual Agreement between the City of San
Bernardino and Penney's Creative Concessions for concession services at the
San Bernardino Soccer Complex. (See Attached) (No cost to the City.)
Ward 7
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Heard at Ways and Means Committee on October 23, 2002 - Committee
Members present: McCammack, and McGinnis
17. Business Improvement Program. (See Attached)
MOTION: That the status report on the Business Improvement Program be
received and filed, and that the ordinance, when drafted, be
referred to the Legislative Review Committee.
Heard at Ways and Means Committee on October 23, 2002 - Committee
Members present: McCammack and McGinnis
18. Receive and file the Fiscal Year 2001/2002 Preliminary Year-End Report and
the Fiscal Year 2002/2003 First Quarter Report.
MOTION: That the Mayor and Common Council receive and file the Fiscal
Year 2001/2002 Preliminary Year-End Report and the Fiscal
Year 2002/03 First Quarter Report.
Heard at Ways and Means Committee on October 23, 2002 - Committee
Members present: McCammack and McGinnis
19. PERS Actuarial Information - receive and file. (See Attached)
MOTION: That the Mayor and Common Council receive and file the PERS
Actuarial Information Report, dated October 29, 2002, from Fred
Wilson, City Administrator.
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11/04/2002 Revised
Heard at Ways and Means Committee on October 23, 2002 - Committee
Members present: McCammack and McGinnis
20. Resolution of the Mayor and Common Council of the City of San Bernardino
aulborizing lbe adoption of the San Bernardino Soccer Complex budget. (See
Attached) (No anticipated cost to the City - Revenues expected to exceed
$365,800 cost.) Ward 7
MOTION: That said resolution be adopted.
Heard at Ways and Means Committee on October 23, 2002 - Committee
Members present: McCammack and McGinnis
21. Authorize waiver of Fire Department Standby fees in the amount of $241.02 for
First Presbyterian Church at 1900 Norlb "D" Street, San Bernardino. (See
Attached) (Cost to the City -- $241.02 from the General Fund.) Ward 2
MOTION: That the request for a waiver of fees in the amount of $241.02 for
Fire Department Standby charges in connection wilb lbe SOS
Read Benefit dinner at First Presbyterian Church on October 12,
2002, be approved.
Heard at the Grants Committee meeting on October 1, 2002 - Committee
Members present: McCammack, Estrada and Anderson
22. Resolution authorizing lbe Mayor of the City of San Bernardino or her designee
to apply for and administer a grant in lbe amount of $50,000 from San
Bernardino County Emergency Food & Shelter Program Local Board FEMA
XXI for the administration of a Food & Shelter Program for at risk families
through the Wests ide Community Center. (See Attached) (No cost to the
General Fund -- $50,000 fully funded by FEMA)
MOTION: That said resolution be adopted.
Heard at the Grants Committee meeting on October 29, 2002 - Committee
Members present: McCammack, Estrada and Anderson
23. Ratification of the Grants Ad Hoc Committee's action to aulborize lbe Parks,
Recreation & Community Services Department to apply for the Home Depot
Grant for equipment and services to support the Mentoring Program. (See
Attached)
MOTION: That the Home Depot Grant Application for equipment and
services to support lbe San Bernardino Mentoring Program, be
ratified.
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11104/2002
Heard at the Grants Committee meeting on October 29, 2002 - Committee
Members present: McCammack, Estrada and Anderson
24. Resolution of the City of San Bernardino accepting the FY 02/03 High
Technology Grant and authorizing the expenditure of the awarded grant funds in
accordance to the Grant Expenditure Plan. (See Attached) (No cost to the City's
General Fund -- $46,440.73 in High Technology Grant funds.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
TO BE HEARD AT 4:00 P.M.
25. Public hearing - resolution ordering vacation of a portion of Pica A venue, south
of Rialto A venue; Belleview Street, east and west of Pica A venue; and that
certain east/west alley, south of Rialto A venue and east of Pica A venue. (See
Attached) (No cost to the City -- $1,000 processing fee paid by applicant.)
Ward 3
Mayor to open the hearing. . .
Resolution of the City of San Bernardino ordering the vacation of a portion of
Pica A venue, south of Rialto A venue, Belleview Street, east and west of Pica
A venue and that certain east/west alley, south of Rialto A venue and east of Pica
Avenue (Plan No. 10501) and reserving easements for City sanitary sewer,
waterlines, and for Burlington Northern Santa Fe for ingress and egress and
existing facilities.
MOTION: That the public hearing be closed; that the Findings of Fact, as
set forth in the staff report dated October 23, 2002, from James
Funk, Director of Development Services, as to why a portion of
Pica A venue, south of Rialto A venue; Belleview Street, east and
west of Pica A venue; and that certain east/west alley, south of
Rialto A venue and east of Pica A venue is no longer necessary for
public street purposes, be adopted; and that said resolution be
adopted.
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11/04/2002
Police
-
CONTINUED FROM OCTOBER 21, 2002
TO BE HEARD AT 4:00 P.M.
26. Public hearing -- proposed expenditures of monies allocated from the FY
2002/03 Local Law Enforcement Block Grant (LLEBG). (New Expendirnre
Plan Attached) (Cost to the City -- $52,221 from the Federal and State
Programs Fund; Grant amount from LLEBG is $469,999.) (Backup
material was distributed on Octoher 21, 2002, Item No. 31.) All Wards
The hearing remains opeu . . .
Resolution of the City of San Bernardino authorizing the Mayor and Conunon
Council to obligate and expend the awarded FY 02/03 Local Law Enforcement
Block Grant (LLEBG) funds for law enforcement support expendirnres.
MOTION: That the hearing be closed; and that said resolution be adopted.
CONTINUED FROM OCTOBER 21, 2002
TO BE HEARD AT 4:00 P.M.
27. Public hearing - proposed expendirnres of monies allocated from the FY
2002/03 Citizen's Option for Public Safety. (Backup material was distributed
on October 21, 2002, Item No. 32.) (No cost to the City -- $377,001 in
COPS Option grant funds.)
The hearing remains open. . .
Resolution of the City of San Bernardino authorizing the obligation and
expendirnre of the allocated Citizens Option for Public Safety (COPS Option)
monies for FY 02/03 to supplement front-line law enforcement support services.
MOTION: That the Mayor and Conunon Council close the public hearing;
that the Police Department's proposed expenditure plan for the
COPS Program for FY 2002/03, be adopted; and that said
resolution be adopted.
END OF PUBLIC HEARINGS
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11/04/2002
CONTINUED ITEMS
Water Department
CONTINUED FROM OCTOBER 7,2002
28. Consideration and approval of resolutions and agreements and related
documents to supply sewer service to the area known as the "Donut Hole".
(Backup material was distributed on September 23, 2002, Item No. SI; item
was continued to October 7, 2002, Item No. 32.)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing execution of an Agreement for sewer service
between the City of San Bernardino, the City of San Bernardino
Municipal Water Department and County Service Area 70, Improvement
Zone EV-1.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing execution of a Inducement Agreement between
the City of San Bernardino and the County of San Bernardino.
MOTION: That the matter be continued to November 18, 2002.
Mayor's Office
CONTINUED FROM OCTOBER 7,2002
29. Authorization for the Mayor of the City of San Bernardino to send a letter of
protest to the Board of Supervisor's of San Bernardino County and to the San
Bernardino County Ethics Officer notifying them of alleged improprieties in the
site selection process of the temporary housing of court facilities in downtown
San Bernardino. (Item was continued from September 23, 2002, Item No.
S2; item was coutinued to October 7, 2002, Item No. 33.)
MOTION: That the matter be continued to November 18, 2002.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
30. An Ordinance of the City of San Bernardino adding Subsection "c" to Section
10.24.190 of the San Bernardino Municipal Code relating to commercial
vehicles prohibited on certain streets. FIRST READING (See Attached)
MOTION: That said ordinance be laid over for final adoption; and that the
ordinance be referred to the Legislative Review Committee.
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11/0412002
City Clerk
31. Discuss and take possible action concerning scheduling of future meetings of the
Mayor and Common Council. (See Attached) (No cost to the City.)
MOTION #1:
That the City Attorney's Office be directed to prepare an
Ordinance amending Section 2.58.0lOA of the San
Bernardino Municipal Code to allow regular meetings of
the Mayor and Common Council to commence at 1:30
p.m., rather than at 8:00 a.m. as is currently established
by ordinance; and that such ordinance be brought back for
a first reading at the next regular meeting of the Mayor
and Council (November 18,2002); or
MOTION #2:
That effective January 2003, the Mayor and Common
Council hold their regular meetings at 8:00 a.m., as
prescribed in Section 2.58.0lOA of the San Bernardino
Municipal Code.
City Council
32. Legislative Task Force update. (See Attached)
END OF STAFF REPORTS
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11/04/2002
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
RECONVENE MEETING
MONDAY, NOVEMBER 4,2002 -7:00 P.M.
PRESENT:
ABSENT:
PLANNING ITEMS
CONTINUED FROM OCTOBER 7, 2002
TO BE HEARD AT 7:00 P.M.
33. Public hearing - General Plan and Development Code Amendments to create a
Residential Student Housing land use designation; and a Conditional Use Permit
to allow the construction of a student housing project. (Backnp material was
distributed on October 7,2002, Item No. 36.) Ward 5
Location: The student housing project is on approximately 8.28 acres of an
11.28-acre parcel located at the southeast corner of Northpark Boulevard and
University Parkway. The site is currently designated CG-3, Commercial
General (University Village) land use district.
Tbe hearing remains open. . .
A. Resolution of the City of San Bernardino adopting General Plan
Amendmem No. 01-06 to the General Plan of the City of San
Bernardino, to add the Residential Student Housing designation, and
assign this designation to 8.28 acres on the south side of Northpark
Boulevard, east of University Parkway.
B. An ordinance of the City of San Bernardino amending Section 19.02.050
(Definitions) and Chapter 19.04 (Residential Districts) Section
19.04.020, Table 04.01 (Permitted Uses), Table 04-02 (Specific
Standards), and Section 19.04.030 (Development Standards of the San
Bernardino Municipal Code (Development Code) to add text related to
definitions, requirements and standards for student housing projects.
FIRST READING
(Item Continued on Next Page)
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11104/2002
33. Continued.
MOTION #1:
MOTION #2:
MOTION #3:
MOTION #4:
That the hearing be closed; that the Mayor and
Common Council adopt the Mitigated Negative
Declaration for General Plan Amendment No. 01-
06, Development Code Amendment No. 02-04 and
Conditional Use Permit No. 02-18 and the
Mitigation Monitoring and Reporting Plan for
Conditional Use Permit No. 02-18; and
That the Mayor and Common Council approve
General Plan Amendment No. 01-06 based on the
Findings of Fact contained in the Planning
Commission staff report; approve Development
Code Amendment No. 01-02, based on the
Findings of Fact contained in the Planning
Commission staff report; and
That the Mayor and Common Council approve
Conditional Use Permit No. 02-18, based on the
Findings of Fact contained in the Planning
Commission staff report and subject to the
Conditions of Approval and Standard
Requirements; and
That said resolution be adopted; and said ordinance
be laid over for final adoption.
END OF PLANNING ITEMS
COMMUNITY DEVELOPMENT COMMISSION ITEMS
R34. A Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency to execute the HOME Community Housing
Development Organization (CHDO) Agreement by and between the
Redevelopment Agency of the City of San Bernardino and Neighborhood
Housing Services of the Inland Empire, Inc. ("NHS"). (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted.
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11104/2002
R35. Resolution of the Community Development Commission of the City of San
Bernardino, California, approving a Loan Agreement, and related documents,
and authorizing execution thereof, between the Redevelopment Agency of the
City of San Bernardino and the Community Reinvestment Fund. (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
36. 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.)
37. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting is scheduled for 8:00 a.m., Monday,
November 18, 2002, in the Council Chambers of City Hall, 300 North "0"
Street; however, the Mayor and Common Council will adjourn until I :30 p.m.
at which time closed session matters will be discussed. The public portion of
the meeting will begin at 3:00 p.m.
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11/04/2002
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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SUPPLEMENTAL AGENDA
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
CITY OF SAN BERNARDINO
NOVEMBER 4, 2002
S 1. Resolution of the Mayor and Common Council of the City of San Bernardino in
opposition of Proposition 51 - Distribution of existing motor vehicle sales and
use tax. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
S2. Resolution of the Mayor and Common Council of the City of San Bernardino in
opposition to Proposition 49, a State Initiative relating to Before and After
School Programs. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
S3. Appointment - Civil Service Board - Dennis Reichardt - Mayor Valles. (See
Attached)
MOTION: That the appointment of Dennis Reichardt to the Civil Service
Board, as requested by Mayor Valles, be approved.
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11/04/2002