HomeMy WebLinkAbout06-07-2004 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, JUNE 7, 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 12 & 13.)
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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06/07/2004
1. Continued.
Ruby Howard v. City of San Bernardino, Redevelopment Agency of the
City of San Bernardino, et al. - San Bernardino Superior Court Case
No. SCVSS 95713;
California Bio-Mass, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 083473;
The People of the State of California v. Highland Delmann Heights
Quality Water Supply Authority - San Bernardino Superior Court Case
No. SCVSS 104542;
City of San Bernardino, a Municipal Corporation and the Economic
Development Agency for the City of San Bernardino v. Valerie Pope-
Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan
Steward, Inc., Steward & Associates, et al. - San Bernardino Superior
Court Case No. SCVSS 108965;
Jorge Fernandez v. City of San Bernardino, et al. - United States
District Court Case No. CV 03-09408 AHM (AJWx).
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:
NMCP v. City of San Bernardino
MALDEF v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - ImtIatlOn of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
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.
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06/07/2004
(Item Continued on Next Page)
1. Continued.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property:
Negotiating Parties:
Under Negotiation:
2.
Property:
Negotiating Parties:
Under Negotiation:
3.
Property:
Negotiating Parties:
Under Negotiation:
24 7 West Third Street
James F. Penman, General Counsel, on behalf
of the Redevelopment Agency, property
owners; and Gerry Newcombe, Deputy
Administrative Officer, on behalf of the County
of San Bernardino
Purchase price, terms and conditions
That parcel consisting of approximately 67.75
acres identified as Parcel 1-2 at the San
Bernardino International Airport, and generally
bounded by Harry Sheppard Blvd., Del Rosa
Drive, Paul Villasenor Blvd., and Memorial
Drive.
Don Rogers on behalf of the Inland Valley
Development Agency; David Newsom on
behalf of Hillwood/San Bernardino LLC.;
Bruce Varner on behalf of Stater Bros.
Markets; James F. Penman on behalf of the
City of San Bernardino.
Terms and conditions
APN 0154-125-08, 0154-125-09, 0154-125-10,
0154-125-11
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency and the San
Bernardino City Housing Authority and Sandra
Merle and Brian Arthur Swartz, Property
Owners
Purchase price, terms and conditions
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06/07/2004
1. Continued.
4.
5.
(Item Continued on Next Page)
Property:
Negotiating Parties:
Under Negotiation:
Property:
Negotiating Parties:
Under Negotiation:
APN 0154-125-12, 0154-125-13
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency and the San
Bernardino City Housing Authority and Robert
F. Buesching, Property Owner
Purchase price, terms and conditions
APN 0261-111-21, 23, 25, 29, 30, 33, 35 and
40;
0261-121-01,02, 03, 13 and 14;
0261-451-01 through 48;
0261-461-01 through 66
N/S Frontage Road, 1,000:t feet w/o North
Little League Drive
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency, Property Owner
and Century Crowell Communities, LP,
Purchaser
Purchase price, terms and conditions
END OF CLOSED SESSION
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RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
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
23, 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.
6.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated June 1, 2004, from
Barbara Pachon, Director of Finance, be approved.
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06/07/2004
7.
Personnel Actions.
(See Attached)
MOTION: That the personnel actions as submitted by the Chief Examiner
dated May 27, 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 Administrator
8. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a Master Services Memorandum of
Understanding with the Water Department for provision of City services for
Fiscal Year 200412005. (See Attached)
MOTION: That said resolution be adopted.
Council Office
9. Resolution of the Mayor and Common Council of the City of San Bernardino
waiving the 60-day notification requirements imposed by California Government
Code Section 25351(c) for the County of San Bernardino to purchase the
building located at 303 West Third Street, San Bernardino, California.
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Development Services
10. Resolution of the City of San Bernardino amending Resolution No. 655 entitled,
in part, "A Resolution... designating certain streets, or portions thereof as
through highways..." and authorizing the installation of a two-way stop at the
intersection of San Carlo Avenue and Mesa Street. (See Attached) (Cost to the
City -- $500 from the General Fund. ) Ward 6
MOTION: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Subdivision Tract No. 16278 located on the north
side of Kendall Drive between Deerfield Street and Wagon Wheel Road,
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.) Ward 5
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06/07/2004
MOTION: That said resolution be adopted.
12. Authorization to proceed - formation of a Landscape Maintenance Assessment
District in the Northpark Boulevard and Campus Parkway area (Tentative Tract
No. 16509). (See Attached) (No cost to the City -- $4,000 processing fee
paid by applicant.) Ward 5
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed under San Bernardino Municipal Code
Section 12.90, with the establishment of a Landscape
Maintenance Assessment District in the Northpark Boulevard and
Campus Parkway area (Tentative Tract No. 16509), to be known
as Assessment District No. 1036.
13. Resolution of the City of San Bernardino approving Amendment No. 1 to the
Five-Year Capital Improvement Programs (FY's 2001-2006 & 2002-2007) for
Measure "I" Local Expenditures. (See Attached) (Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
Human Resources
14. Resolution of the Mayor and Common Council of the City of San Bernardino
appointing specific directors to the Big Independent Cities Excess Pool (BICEP)
Joint Powers Authority. (See Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the adoption of the Public Agency Retirement System (PARS)
Separation Incentive Program (SIP) and appoint the Mayor or his/her designee
as the Plan Administrator. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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06/07/2004
Parks, Recreation & Community Services
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an annual purchase order in the amount of $28,605 to Waterline
Technologies for swimming pool chemicals (chlorine and acid). (See Attached)
(Cost to the City -- $28,605 from the General Fund.) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted.
17. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of an application by the Director of Parks, Recreation and
Community Services Department and authorizing the execution of an agreement
with the California Department of Education to furnish food service for the
Summer Food Service Program for Youth through the San Bernardino Unified
School District. (See Attached) (Cost to the City -- $3,300 from the General
Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute Amendment No.2 of Contract
No. 02-658 with the County of San Bernardino Pre-school Services Department
and authorizing the Director of Parks, Recreation and Community Services
Department to administer federal grants to continue the Head Start/Preschool
Program at Delmann Heights Community Center for FY 2004-2005 beginning
July 1, 2004 through June 30, 2005. (See Attached) (No additional cost to the
General Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute an agreement between the City
of San Bernardino and the County of San Bernardino Probation Department for
shared use of the recreation facilities at the former Norton Air Force Base for
the period of July 1, 2004 through June 30, 2005. (Document and Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
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06/07/2004
Police
20. 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; $150,000 to be reimbursed by the School District.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Memorandum of Understanding between the
Rialto Unified School District and the City of San Bernardino for a School
Resource Officer at Rialto High School. (See Attached) (Cost to the City --
$101,000 from the General Fund; $50,500 will be reimbursed from the
Rialto Unified School District.) (Resolution not available at time of
printing.) Ward 3
MOTION: That said resolution be adopted.
22. Item Deleted.
Public Services
23. Set public hearing - June 21, 2004, at 4:00 p.m. in the Council Chambers to
consider refuse rate adjustments. (See Attached)
MOTION: That a public hearing be set for Monday, June 21, 2004, at 4:00
p. m. in the Council Chambers to consider Public Services Refuse
rate adjustments.
END OF CONSENT CALENDAR
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06/07/2004
COMMITTEE CONSENT
24. Item Deleted.
Recommended for ratification at the Grants Committee - May 25, 2004 -
Committee Members Present: McCammack, Estrada, and Lon~ville
25. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying submittal of 200412005 Used Oil Recycling Block Grant application for
grant funds from the California Integrated Waste Management Board. (See
Attached) (No City match funding required - grant funds in the amount of
$58,900.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Recommended for ratification at the Grants Committee - May 25, 2004 -
Committee Members Present: McCammack, Estrada, and Lon~ville
26. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying submittal of the funding request form to the Department of
Conservation, Division of Recycling for California Beverage Container
Recycling and Litter Reduction activities. (See Attached) (No cost to the City
- Grant funding in the amount of $53,870.) (Resolution not available at
time of printing.) All Wards
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
27.
City Administrator
TO BE HEARD AT 4:00 P.M.
Public hearing - Community Facilities District No. 1033.
available at time of printing.)
(Document not
Ward 5
Resolution of the Mayor and Common Council of the City of San Bernardino
declaring and establishing the formation of a Community Facilities District,
authorizing submittal of levy of special taxes to the qualified electors, making
certain preliminary findings and overruling protests (CFD No. 1033).
(Resolution not available at time of printing.)
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06/07/2004
(Item Continued on Next Page)
27. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be continued to June 21, 2004, at 4:00 p.m. in
the Council Chambers of City Hall.
STAFF REPORTS
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.
Fire
Recommended for approval at the Le~islative Review Committee on May
18,2004 - Committee Members present: Derry, Kelley and Johnson
29. Ordinance of the City of San Bernardino amending Chapter 15.25 of the San
Bernardino Municipal Code to include the Multi-family Rental Housing Fire
Inspection Program. FIRST READING (See Attached) (Ordinance not
available at time of printing.)
MOTION: That the matter be continued to June 21,2004.
END OF STAFF REPORTS
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06/07/2004
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meetin~ on
May 18, 2004 - Committee Members present: Estrada, Lon~ville and
McGinnis
R30. Resolution of the Community Development Commission of the City of San
Bernardino, California, approving an amended Educational Revenue
Augmentation Fund Loan from Community Low and Moderate Income Housing
funds and Amended Promissory Notes from Redevelopment Project Areas, and
authorizing execution thereof. (Document and Resolution not available at
time of printing.) (Cost to the Agency -- $1,052,749 from Low/Mod
Income Housing Fund, Note Repay.)
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meetin~ on
May 18, 2004 - Committee Members present: Estrada, Lon~ville and
McGinnis
R31. 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
the Redevelopment Project Study Agreement for property acquisition and
redevelopment assistance with ICO Investment Group, Inc. related to the
Southwest Corner of 4th & Waterman (APN 0135-191-11 &15) (Central City
East Redevelopment Project Area). (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~ on
December 4, 2003 - Committee Members present: Estrada, Anderson and
Suarez
R32. A Resolution of the Community Development Commission of the City of San
Bernardino (1) accepting a $837,596 Lead Hazard Control (LHC) grant from
the County of San Bernardino Department of Public Health ("County") and (2)
authorizing the Redevelopment Agency ("Agency") Executive Director to
execute the contract by and between the County and Agency - Single Family
Lead Hazard Control Grant Program. (Document and Resolution not available
at time of printing.) (No additional cost to the Agency.) All Wards
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06/07/2004
MOTION: That said resolution be adopted.
R33. Uptown Redevelopment Project Area Plan Amendment - Eminent Domain -
Request to Schedule Joint Public Hearing. (Document and Resolutions not
available at time of printing.) Wards 1, 2 & 7
(Community Development Commission)
A. A Resolution of the Community Development Commission of the City of
San Bernardino setting the joint public hearing date of July 19, 2004 at
4:00 p.m. with the Mayor and Common Council to consider the
amendment reinstating certain eminent domain powers to the Uptown
Redevelopment Project Area and Certification of the Environmental
Impact Report. (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 setting the joint public hearing date of July 19, 2004 at 4:00
p.m. with the Community Development Commission to consider the
amendment reinstating certain eminent domain powers to the Uptown
Redevelopment Project Area and Certification of the Environmental
Impact Report. (Resolution not available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
R34. Central City North Redevelopment Project Area Plan Amendment - Eminent
Domain - Request to Schedule J oint Public Hearing. (Document and
Resolutions 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 setting the joint public hearing date of July 19, 2004 at
4:00 p.m. with the Mayor and Common Council to consider the
amended and restated Redevelopment Plan to include reinstating certain
eminent domain powers to the Central City North Redevelopment Project
Area and Certification of the Environmental Impact Report. (Resolution
not available at time printing.)
(Mayor and Common Council)
B. A Resolution of the Mayor and Common Council of the City of San
Bernardino setting the joint public hearing date of July 19, 2004 at 4:00
p.m. with the Community Development Commission to consider the
amended and restated Redevelopment Plan to include reinstating certain
eminent domain powers to the Central City North Redevelopment Project
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06/07/2004
Area and Certification of the Environmental Impact Report. (Resolution
not available at time of printing.)
MOTION: That said resolutions A & B, be adopted.
35. 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.)
36. Adjournment.
MOTION: That the meeting be adjourned to Wednesday, June 9, 2004 at
9:00 a.m. at the Economic Development Agency Boardroom, 201
North "E" Street, San Bernardino to discuss City/EDA budgets.
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06/07/2004
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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