HomeMy WebLinkAbout04-05-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
MONDAY, APRIL 5,2004 -1:30 P.M.
COUNCIL CHAMBERS
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management
(384-5244) two working days prior to the meeting for any requests for reasonable
accommodation to include interpreters. Community Development Commission Items
are on Pages 14 & 15.)
CALL TO ORDER:
PRESENT:
ABSENT:
PUBLIC COMMENTS ON CLOSED SESSION ITEMS
A three-minute limitation shall apply to each member of the public who wishes to
address the Mayor and Common Council/Community Development Commission. No
member of the public shall be permitted to "share" his/her three minutes with any other
member of the public.
CLOSED SESSION
1. Pursuant to Government Code Section(s):
MOTION: That the Mayor and Common Council and Community
Development Commission recess to closed session for the
following:
A. Conference with legal counsel - eXIstmg litigation - pursuant to
Government Code Section 54956.9(a):
(Item Continued on Next Page)
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04/05/2004
1. Continued.
Alice Thomas & Allean Wilson v. City of San Bernardino, et al. - San
Bernardino Superior Courl Case No. SCVSS 098359;
Sylvia Marie Ysais v. City of San Bernardino, et al. - Riverside
Superior Courl Case No. RIV 385024;
Maribel Arechi{:a- Tovar, et al. v. City of San Bernardino, et al. -
United States District Courl Case No. EDCV 01-0463RT (SGLx).
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;
NAACP v. City;
MALDEF v. City
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City v. San Manuel Band of Serrano Mission Indians;
City v. Otis J. McIntyre - Proposed Group Home at 750
Arrowhead Road, San Bernardino
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 Fire Fighters' Association
(Item Continued on Next Page)
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04/05/2004
1. Continued.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property:
Negotiating Parties:
Under Negotiation:
2.
Property Address:
Negotiating Parties:
Under Negotiation:
3.
Property:
Negotiating Parties:
Under Negotiation:
4.
Property:
Negotiating Parties:
Under Negotiation:
5.
Property:
Negotiating Parties:
Under Negotiation:
APN 0266-362-12
5055 Hallmark Parkway
Gary Van asdel, Executive Director, on behalf of
the Redevelopment Agency and Stan Robbins and
Jim Robbins, property owners
Purchase price, terms and conditions
2072 N. Newcomb Street and 2095 N. Newcomb
Street
APN 1191-021-18 and APN 1191-021-22
Gary Van asdel, Executive Director, on behalf of
the Redevelopment Agency and Thomas E. and
Crystal L. Williams, property owners
Purchase price, terms and conditions
514 N. Mt. Vernon Avenue
APN 0138-115-06
Gary Van asdel, Executive Director, on behalf of
the Redevelopment Agency and Dan Virgilio,
property owner
Purchase price, terms and conditions
540 N. Mt. Vernon A venue
APN 0138-115-04
APN 0138-115-05
Gary Van asdel, Executive Director, on behalf of
the Redevelopment Agency and Frank Ruiz, If.,
Sandra Annette Alvarado and Adrienne A. Loa,
property owners
Purchase price, terms and conditions
APN 0138-114-09
Gary Van asdel, Executive Director, on behalf of
the Redevelopment Agency and Kathy T. Pham,
property owner
Purchase price, terms and conditions
(Item Continued on Next Page)
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04/05/2004
1. Continued.
6.
7.
8.
9.
Property:
Negotiating Parties:
Under Negotiation:
Property:
Negotiating Parties:
Under Negotiation:
Property:
Negotiating Parties:
Under Negotiation:
Property:
Negotiating Parties:
Under Negotiation:
APN 0138-114-10
522 N. Mt. Vernon Avenue
Gary Van asdel, Executive Director, on behalf of
the Redevelopment Agency and Hak Y 001 Kim and
Chang Mo Yang, property owners
Purchase price, terms and conditions
APN 0138-115-02
1307 Spruce Street
Gary Van asdel, Executive Director, on behalf of
the Redevelopment Agency and Manuel Arriola and
Hilaria Arriola, property owners
Purchase price, terms and conditions
APN 0138-114-11
Gary Van asdel, Executive Director, on behalf of
the Redevelopment Agency and Salvador Perez
Llamas and Francisca Torres Guerrero, property
owners
Purchase price, terms and conditions
APN 0138-115-07
Gary Van asdel, Executive Director, on behalf of
the Redevelopment Agency and Michael Patrick
Allen and Brenda Lue Allen, property owners
Purchase price, terms and conditions
SAN BERNARDINO CITY HOUSING AUTHORITY
10.
Property Address:
Negotiating Parties:
Under Negotiation:
138 E. Rialto Avenue and 144 E. Rialto Avenue
APN 0135-292-27 and 0135-292-28
Gary Van asdel, Executive Director, on behalf of
the San Bernardino City Housing Authority and
Adrian Ramirez and Helen Ramirez, property
owners
Purchase price, terms and conditions
(Item Continued on Next Page)
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04/05/2004
1. Continued.
11.
12.
Property Address:
Negotiating Parties:
Under Negotiation:
Property Address:
Negotiating Parties:
Under Negotiation:
123 N. Sierra Way
APN 0135-292-35
Gary Van asdel, Executive Director, on behalf of
the San Bernardino City Housing Authority and
Carlos Dorticos, property owner
Purchase price, terms and conditions
155 E. 2nd Street
APN 0135-291-10
Gary Van asdel, Executive Director, on behalf of
the San Bernardino City Housing Authority and
Louis Salas, property owner
Purchase price, terms and conditions
END OF CLOSED SESSION
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04/05/2004
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Appointment - Robert Hampton - Bureau of Franchises - Council
Member Johnson. (See Attached)
B. Appointment - Cheryl Brown - Planning Commission - Council
Member Johnson. (See Attached)
C. Re-appointment - James T. Hall - Animal Control Commission -
Council Member Johnson. (See Attached)
D. Appointment - Elva Olga Flores - Animal Control Commission -
Council Member McGinnis. (See Attached)
MOTION: That the appointments/re-appointments of Robert
Hampton, Cheryl Brown, James T. Hall, and Elva Olga
Flores, as requested by Council Members Johnson and
McGinnis, be approved.
3. Presentations.
4. Announcements by Mayor and Common Council.
All Consent Calendar items listed are considered to be routine by the City Council and
will be enacted by one motion. There will be no separate discussion of these items
unless a Council member or other interested persons so request, in which event the
item will be removed from the Consent Calendar and considered in its nonnal
sequence on the agenda. Infonnation concerning Consent Calendar items is
available for public review.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
18, be adopted except for _, _, _, _, and _.
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04/05/2004
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.
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:
March 1, 2004
March 15, 2004
(Distributed on 3/22/04)
(Distributed on 3/25/04)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated March 29, 2004,
from Barbara Pachon, Director of Finance, be approved.
8.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated March 31, 2004 in accordance with Civil Service rules and
Personnel policies adopted by the Mayor and Common Council of
the City of San Bernardino, be approved and ratified.
City Attorney
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Brunick, Battersby, McElhaney & Beckett and the City of San Bernardino to
represent the City of San Bernardino and Francesca Ziegler in the case of Alice
Thomas, et al. v. City of San Bernardino, and Francesca Ziegler, San
Bernardino Superior Court Case Number: SCVSS 098359. (Document and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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04/05/2004
Development Services
10. Resolution of the City of San Bernardino approving a services agreement with
Transtech Engineers, Inc. to provide traffic engineering services for the design
of new signals, modified signals and signal interconnect systems (Federal Aid
Projects). (See Attached) (Cost to the City -- $34,360 from the Traffic
Systems Construction Fund.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
11. Resolution of the City of San Bernardino declaring its intention to order the
vacation of a portion of the alley between Acacia Avenue and "E" Street, south
of 13th Street; the alley between "F" Street and Acacia Avenue, between 13th
Street and Base Line Street; 7th Street, between "F" Street and "G" Street; and a
portion of Berkeley Street, between 7th Street and 8th Street (Plan No. 10910A
and 1091OB). (See Attached) (Resolution not available at time of printing.)
Wards 1&2
MOTION: That said resolution be adopted.
12. Authorization to proceed - proposed vacation of portions of that certain east-
west alley between Arrowhead Avenue and Mountain View Avenue, south of
18th Street and plan approval. (See Attached) (Cost to the City -- $1,000 to be
paid by the Economic Development Agency. ) Ward 2
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed with the proposed vacation of portions of
that certain east/west alley between Arrowhead A venue and
Mountain View Avenue, south of 18th Street; and that Plan No.
11020 be approved.
13. Authorization to proceed - General Plan Amendment for City property located
at the southwest corner of Waterman Avenue and 4th Street (APN 0135-191-11).
(See Attached) Ward 1
MOTION: That the Director of Development Services be authorized to
initiate proceedings for a General Plan Amendment as part of the
update of the Land Use Element, from CG-1 (Commercial
General) to Residential (RS) relative to City property located at
the southwest corner of Waterman Avenue and 4th Street (APN
0135-191-11) to be included in the City wide General Plan
Update.
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04/05/2004
Facilities Mana~ement
14. Resolution authorizing execution of an agreement for services and issuance of a
purchase order to JAS Pacific, Inc., to perform Inspector of Record and Special
Deputy Inspection Services for the Verdemont Fire Station #232 Project per
RFP F-04-035. (See Attached) (Cost to the City -- $83,500 from CIEDB
Funding.) (Resolution not available at time of printing.) Ward 5
MOTION: That said resolution be adopted.
Finance
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the extension of the agreement with Office Depot for City-wide
office supply purchases for an additional one-year period. (See Attached) (Cost
to the City -- $250,000 from various funds.) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
LAID OVER FROM MARCH 15, 2004
16. Ordinance amending Section 12.80.130 of the San Bernardino Municipal Code
by adding Paragraph "T" thereto requiring any person skateboarding or inline
skating at a City-owned skateboard park to wear a helmet, elbow pads, and knee
pads. FINAL READING (Backup material distributed on March 15, 2004,
Item No. S1.)
MOTION: That said ordinance be adopted.
Police
17. Resolution of the City of San Bernardino authorizing the Mayor of San
Bernardino to execute a services agreement with the San Bernardino City
Unified School District for the operation of the school crossing guards program
by the Police Department. (See Attached) (Cost to the City -- $300,000 from
the General Fund [School District will reimburse $150,000 to the City.])
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
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04/05/2004
Public Services
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City to enter into a Memorandum of Understanding with the
Energy Coalition to provide funding for the implementation of energy efficiency
programs and services to under-served areas and populations of the City. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Le~islative Review Committee on March
16,2004 - Members present: Derry, Johnson and Kelley
City Administrator
19. Discuss and take possible action concerning the implementation of a multi-
family rental housing fire inspection program. (See Attached)
MOTION: That the Mayor and Common Council discuss this program
concept and direct staff to prepare a more detailed plan for the
program, including the required ordinance and resolution for
consideration by the Legislative Review Committee.
Recommended for approval at the Ways and Means Committee held on
March 17, 2004 - Members present: McCammack, Estrada and Derry
Parks, Recreation & Community Services
20. Request for funding for 4th of July Parade and Celebration at Arrowhead Credit
Union Park. (See Attached) (Cost to the City -- $47,200 from the Civic and
Promotion Fund.)
MOTION: That funding in the amount of $47,200 from the Civic and
Promotions Fund for the 2004, 4th of July Parade and celebration
be approved.
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04/05/2004
Recommended for approval at the Grants Ad Hoc Committee held on
March 9,2004 - Members present: McCammack, Estrada and Lon~ville
Fire
21. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying submittal of a grant application to the Department of Homeland
Security Federal Emergency Management Agency. (See Attached) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
Recommended for approval at the Grants Ad Hoc Committee held on
March 23, 2004 - Members present: McCammack and Estrada
Parks, Recreation & Community Services
22. 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 program
continuation grant from the Corporation for National and Community Service in
the amount of $295,983 to continue the administration and operation of the
Senior Companion Program for the period July 1, 2004 through June 30, 2005.
(See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
Development Services
CONTINUED FROM MARCH 15, 2004
TO BE HEARD AT 4:00 P.M.
23. Public hearing accepting oral bids and award of bid - sale of City property
located at the northwest corner of Little League Drive and the 1-215 frontage
road. (New Staff Report Attached) (Backup material distributed on March
15, 2004, Item No. 31.) Ward 5
The hearing remains open . . .
MOTION #1: That the hearing accepting oral bids be closed; and
(Item Continued on Next Page)
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04/05/2004
23. Continued.
MOTION #2: That the written bid in the amount of $
be awarded to
; or
MOTION #3: That the oral bid in the amount of $
be awarded to
; or
MOTION #4: That all bids be rejected and that staff be authorized to proceed
with the sale of the five-acre City-owned parcel to the
Economic Development Agency for the amount of $95,000.
CONTINUED FROM MARCH 15, 2004
TO BE HEARD AT 4:00 P.M.
24. Public hearing - proposed vacation of a portion of that certain east/west alley
south of Base Line Street, between Lugo Avenue and Sepulveda Avenue. (See
Attached) Ward 2
Resolution of the City of San Bernardino ordering the vacation of a portion of
that certain east/west alley south of Base Line Street, between Lugo Avenue and
Sepulveda Avenue (Plan No. 10894) and reserving an easement for Southern
California Edison for existing facilities and for certain public utilities therein.
(Resolution not available at time of printing.) (Cost to the City -- $1,000
from the General Fund. ) Ward 2
The hearing remains open . . .
MOTION: That the hearing be closed; that the Findings of Fact, as set forth
in the staff report dated March 16, 2004, from the Director of
Development Services, as to why a portion of that certain
east/west alley south of Base Line Street, between Lugo Avenue
and Sepulveda Avenue, is no longer necessary for public street
purposes, be adopted; and that said resolution be adopted.
END OF PUBLIC HEARINGS
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04/05/2004
CONTINUED ITEMS
Development Services
CONTINUED FROM MARCH 1, 2004
25. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an agreement with Watson & Associates for
grading of Campus Parkway between Kendall Drive and Northpark Boulevard.
(Backup material distributed on February 17, 2004, Item No. 12; and item
was continued to March 1, 2004, Item No. 22.)
MOTION: That said resolution be adopted.
CONTINUED FROM MARCH 15, 2004
26. Approve form of Mitigation Agreement with prospective developers in the
Verdemont Fire Station Service Area - and execution of final form of
Mitigation Agreement with participating developers. (Document not available
at time of printing.) Ward 5
MOTION: That the matter be tabled.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney
27. City Attorney's Revised City Charter (Document not available at time of
printing.)
City Clerk
28. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630 (c)( 1).
MOTION: That the Mayor and Common Council confirm the need for
continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
END OF STAFF REPORTS
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04/05/2004
COMMUNITY DEVELOPMENT COMMISSION
R29. Consider request from "Totally Kids" for a $1.5 million loan guarantee for
expansion of its pediatric subacute facility. (Document not available at time of
printing.) Ward 3
MOTION: That upon receipt of County ECD Loan documents and a formal
request for a $1.5 million loan guarantee for the Totally Kids,
Inc., Project, appropriate staff be directed to prepare the requisite
guarantee document(s) for subsequent consideration and approval
by the Mayor and Common Council.
R30. A Resolution of the Community Development Commission of the City of San
Bernardino authorizing and approving the Executive Director of the Agency to
execute a one (1) year agreement by and between Neighborhood Housing
Services of the Inland Empire, Inc. (NHS) and the Redevelopment Agency
("Agency") for administration of the Agency's Single Family Home
Improvement Loan and Beautification Grant Programs. (Cost to the Agency --
$1.2 million from the Low/Mod Housing Fund.) (Document and Resolution
not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
R31. A Resolution of the Mayor and Common Council of the City of San Bernardino
acknowledging the results of an election of Project Area Committee Members
and finding that all applicable procedures were followed in the election of the
Project Area Committee for the Central City North Redevelopment Project. (No
cost to the City.) (Document and Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
R32. Proposed HUD Section 108 Loan Guarantee Application. (See Attached) (Cost
to the Agency -- $500,000 to be budgeted annually from the City's Annual
CDBG Allocation.) Wards 1&7
(Item Continued on Next Page)
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04/05/2004
R32. Continued.
MOTION: That the Mayor and Common Council of the City of San
Bernardino direct staff to prepare a revised Section 108 Loan
Guarantee Application ("Application") to facilitate two
Redevelopment Agency Projects referred to as (A) Mercado
Santa Fe (Subarea B, of Uptown Redevelopment Project Area)
and (B) Arden-Guthrie Retail/Entertainment Shopping Center
(IVDA Redevelopment Project Area) and to transmit said
Application for Mayor and Common Council consideration on
April 19, 2004.
33. 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.)
34. Adjournment.
MOTION: That the meeting be adjourned.
NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, April 19, 2004, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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04/05/2004
NOTICE: Any member of the public may address this meeting of the Mayor
and Common Council/Community Development Commission on any
item appearing on the agenda by approaching the microphone in the Council
Chambers when the item about which the member desires to speak is called and
by asking to be recognized.
Any member of the public desiring to speak to the Mayor and Common
Council/Community Development Commission concerning any matter not on
the agenda but which is within the subject matter jurisdiction of the Mayor and
Common Council/Community Development Commission, may address the body
at the end of the meeting, during the period reserved for public comments.
Said total period for public comments shall not exceed forty-five (45) minutes,
unless such time limit is extended by the Mayor and Common
Council/Community Development Commission. A three minute limitation
shall apply to each member of the public, unless such time limit is extended by
the Mayor and Common Council/Community Development Commission. No
member of the public shall be permitted to "share" his/her three minutes with
any other member of the public.
The Mayor and Common Council/Community Development Commission may
refer any item raised by the public to staff, or to any commission, board,
bureau, or committee for appropriate action or have the item placed on the next
agenda of the Mayor and Common Council/Community Development
Commission. However, no other action shall be taken nor discussion held by
the Mayor and Common Council/Community Development Commission on any
item which does not appear on the agenda unless the action is otherwise
authorized in accordance with the provisions of subdivision (b) of Section
54954.2 of the Government Code.
Public comments will not be received on any item on the agenda when a public
hearing has been conducted and closed.
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