HomeMy WebLinkAbout09-07-2004 Reg. Agenda
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, SEPTEMBER 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 Page 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):
People v. Highland- Delmann Heights Quality Water Supply Authority, et
al. - San Bernardino Superior Court Case No. SCVSS 104572;
(Item Continued on Next Page)
1
09/07/2004
1. Continued.
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;
City of Rancho Cucamonga and City of Upland v. Regional Water
Quality Control Board - Santa Ana Region and State Water Resources
Control Board - San Bernardino Superior Court Case No. RCV 071613;
Jaime Alvarez, et al. v. City of San Bernardino, et al. - United States
District Court of Appeals for the Ninth Circuit Case No. 03-56086;
United States District Court Case No. CV 00-03048-PA;
Le France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 00-107-RT (RNBx).
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.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
Redevelopment ARency of the City of San Bernardino v. Allan
Steward, Allan Steward, Inc. and A.J. Five Points, L.L. C.
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.
(Item Continued on Next Page)
2
09/07/2004
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:
Mt. Vernon Project Area
3.
Property:
Negotiating Parties:
Under Negotiation:
4.
Property:
Negotiating Parties:
247 W. Third Street
Judith Valles, Mayor, 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 Boulevard, Del
Rosa Drive, Paul Villasenor Boulevard, 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. Market.
James F. Penman on behalf of the City of San
Bernardino.
Terms and conditions
522 N. Mt. Vernon Avenue
APN 0138-114-10
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency and Hak Y 001
Kim and Chang Mo Yang, property owner(s)
Purchase price, terms and conditions
1316 Spruce Street
APN 0138-114-11
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency and Salvador
Perez Llamas, Francisco Torres Guerrero,
property owner(s)
3
09/07/2004
Under Negotiation:
1. Continued.
Arden Guthrie Project Area
5. Property:
Negotiating Parties:
Under Negotiation:
6.
Property:
Negotiating Parties:
Under Negotiation:
IVDA Project Area
7. Property:
Owner/Seller:
Buyer:
Uptown Project Area
8. Property:
Owner/Seller:
Buyer:
Mercado Santa Fe Project
9. Property:
Negotiating Parties:
Under Negotiation:
Purchase price, terms and conditions
2105 Dumbarton Avenue
APN 1191-021-48
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency, and Petri
Ahonen, property owner(s)
Purchase price, terms and conditions
2073 N. Newcombe Street
APN 1191-021-21
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency, and Lydia
Mayers, property owner(s)
Purchase price, terms and conditions
194 East 11 th Street
APN 0140-082-14
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency of the City of
San Bernardino, property owner(s)
Senior Housing Advocate Corporation
APN 0145-242-32, 0145-242-33
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency of the City of
San Bernardino, property owner(s)
San Bernardino City Unified School District
(" District")
1140 - 1228 West 2nd Street
APN 0138-263-02, 0138-301-01, 0138-301-06,
0138-301-10
Gary Van asdel, Executive Director, on behalf
of the Redevelopment Agency, and Robert L.
Kovats, property owner
Purchase price, terms and conditions
4
09/07/2004
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Ratify the appointment of Rikke V. Johnson - Police Ad Hoc Committee
- Mayor Valles. (See Attached)
MOTION: That the appointment of Rikke V. Johnson to the Police
Ad Hoc Committee be ratified.
B. Jerry A. Moya - Board of Fire Commissioners - Council Member
McGinnis. (Document not available at time of printing.)
MOTION: That the appointment of Jerry A. Moya to the Board of
Fire Commissioners, as requested by Council Member
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
5
09/07/2004
MOTION: That the motions indicated by consent calendar items 5 through
37, 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.
Council Minutes.
(See Attached)
MOTION: That the minutes of the following meeting of the Mayor and
Common Council/Community Development Commission and the
San Bernardino City Housing Authority of the City of San
Bernardino be approved as submitted in typewritten form:
August 2,2004
(Distributed on 8/16/2004)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated August 25, 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 August 23, 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
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Michael B. Rutberg and the City of San Bernardino for hearing officer and/or
administrative law officer services. (See Attached) (Cost to the City -- $18,000
from the General Fund.) (Resolution not available at time of printing.)
6
09/07/2004
MOTION: That the Mayor and Common Council appoint Michael B.
Rutberg as an Administrative Law Officer until August 31, 2006,
pursuant to Chapter 9.92 of the San Bernardino Municipal Code;
and that said resolution be adopted.
10. A Resolution of the Mayor and Common Council of the City of San Bernardino
designating the Mayor to act on behalf of the City of San Bernardino relative to
the Special Landowner Election for CFD No. 1033 and taking related actions
thereto. (See Attached) (No cost to the City.) (Resolution not available at
time of printing.) Ward 5
MOTION: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
supporting the passage of Measure I - extension of the Half-Cent Sales Tax.
(See Attached) (No cost to the City.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
City Attorney
LAID OVER FROM AUGUST 16, 2004
12. An Ordinance of the City of San Bernardino amending Section 12.80.130 (T) of
the San Bernardino Municipal Code relating to entering or remaining in a City-
owned skateboard park without skating. FINAL READING. (Backup
material distributed on August 16, 2004, Item No. 25.)
MOTION: That said ordinance be adopted.
City Clerk
13. 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).
7
09/07/2004
MOTION: That the Mayor and Common Council confirm the need for
continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
Code Compliance
14. Resolution of the City of San Bernardino authorizing purchase orders with Scott
Tractor Service, Larry Jacinto Farming, and Inland Empire Property Service for
a maximum of $130,000 in the aggregate to perform weed abatement services
for Fiscal Year 200412005. (See Attached) (Cost to the City - Not to exceed
$130,000 from the General Fund.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
Development Services
15. 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 declaring Pleasant Hill Drive from and including
Baldridge Canyon Drive to Palm Avenue a through highway. (See Attached)
(Cost to the City -- $600 from the General Fund.) (Resolution not available
at time of printing.) Ward 4
MOTION: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Tract No. 16709 located on the east side of
Commercenter East Drive at Airport Drive. (See Attached) (No cost to the
City.) (Resolution not available at time of printing.) Ward 3
MOTION: That said resolution be adopted.
17. Authorization to proceed - formation of Landscape Maintenance Assessment
District in the Palm Avenue and Verdemont Drive area (Tract No. 14352). (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 SBMC 12.90, with the establishment
8
09/07/2004
of a Landscape Maintenance Assessment District in the Palm
Avenue and Irvington Drive area (Tract No. 14352), to be known
as Assessment District No. 1032.
18. Authorization to proceed - formation of Landscape Maintenance Assessment
District in the Belmont Avenue and Magnolia Avenue area (Tract No. 13630).
(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 SBMC 12.90, with the establishment
of a Landscape Maintenance Assessment District in the Belmont
Avenue and Magnolia Avenue area (Tract No. 13630), to be
known as Assessment District No. 1037.
LAID OVER FROM AUGUST 16, 2004
19. An Ordinance of the City of San Bernardino amending Chapter 19.70
(Temporary Use Permits) of the San Bernardino Municipal Code (Development
Code) related to activities on City-owned property and City-sponsored activities.
FINAL READING. (Backup material was distributed on August 16, 2004,
Item No. 36.)
MOTION: That said ordinance be adopted.
Economic Development A~ency
LAID OVER FROM AUGUST 16, 2004
20. Ordinance of the Mayor and Common Council of the City of San Bernardino
adopting the 2004 Eminent Domain Amendment to the Redevelopment Plan for
the Uptown Redevelopment Project. FINAL READING. (Backup material
was distributed on July 19, 2004, Item No. R31; item was continued to
August 16, 2004, Item No. R39.)
MOTION: That said ordinance be adopted.
LAID OVER FROM AUGUST 16, 2004
21. Ordinance of the Mayor and Common Council of the City of San Bernardino
adopting the 2004 Amended and Restated Redevelopment Plan for the Central
City North Redevelopment Project. FINAL READING. (Backup material
9
09/07/2004
was distributed on July 19, 2004, Item No. R32; item was continued to
August 16, 2004, Item No. R40.)
MOTION: That said ordinance be adopted.
Facilities Mana~ement
22. Resolution of the Mayor and Common Council of the City of San Bernardino to
authorize the execution of a contract with and issuance of a purchase order to
Cabral Roofing & Waterproofing Corp in the amount of $106,017, and to SCR
Group, Inc. DBA Southern California Roofing Company in the amount of
$282,000, for the implementation of the City of San Bernardino Re-roof at
various sites project per RFP F-05-011. (See Attached) (Cost to the City --
$267,017 from the General Fund, and $121,000 from the Park Construction
Fund.) (Resolution not available at time of printing.) Wards 1 & 6
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 04-05 budget and include the loan
proceeds of $238,800 and expenditure of those proceeds in
Account Nos. 001-325-5706 (Alteration & Renovations) and 001-
000-6453 (Loan Proceeds).
23. Authorization to execute Change Order No. One to contract with Eberhardt
Construction, Inc. for removal of unforeseen site conditions at Fire Station
#232. (See Attached) (Cost to the City -- $22,892.66 from the Fire
Equipment Acquisition Fund.) Ward 5
MOTION: That the Purchasing Manager be authorized to execute Change
Order No. One to the contract with Eberhardt Construction, Inc.
for removal of unforeseen site conditions at Fire Station #323 in
the amount of $22,892.66
24. Item deleted.
Fire
25. 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 for Fiscal Year 2004
Metropolitan Medical Response System (MMRS). (See Attached) (No cost to
the City -- $504,800 from federally funded grant.) (Resolution not available
at time of printing.)
10
09/07/2004
MOTION: That said resolution be adopted.
Mayor's Office
26. Resolution of the Mayor and Common Council of the City of San Bernardino
supporting the California Route 66 Marathon. (See Attached) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
27. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Attorney's Office to provide legal advice to Old Waterman
Canyon Fire victims and/or property owners within the City's limited Sphere of
Influence and declaring the City to be self-insured from August 26, 2004 until
the effective policy date of the lawyers professional liability insurance for
professional liability claims, lawsuits and/or judgments, etc. arising from the
legal advice given to said victims and/or property owners whose property was
damaged or destroyed in said Old Waterman Canyon Fire. (Document and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
28. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute Amendment No. 2 to contract
02-1166 with the County of San Bernardino to provide youth mentoring services
for the period of July 1, 2004 through June 30, 2005. (See Attached) (No cost
to the City.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
29. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain City records of the Parks, Recreation and
Community Services Department. (See Attached) (No cost to the City.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Police
30. Set study session - September 20, 2004, at 5: 00 p. m. in the Economic
Development Agency Conference Room - presentation of the Police
11
09/07/2004
Department's five-year Strategic Plan to the Mayor and Common Council. (See
Attached)
(Item Continued on Next Page)
30. Continued.
MOTION: That a study session be set for Monday, September 20, 2004, at
5:00 p.m. in the Economic Development Agency Boardroom to
hear a presentation of the Police Department's Five-Year
Strategic Plan.
31. Resolution of the City of San Bernardino authorizing the execution of an
Agreement to employ Robert Curtis on a part-time basis for a one-year period.
(See Attached) (Cost to the City -- $50,000 from the General Fund.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
32. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of annual agreements with the County of San
Bernardino to provide user access into the National Law Enforcement
Telecommunication System (NLETS), the California Law Enforcement
Telecommunications (CLETS), and the Sheriff's Central Name Index (CNI).
(See Attached) (Cost to the City -- $14,659.68 from the General Fund.)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Public Services
33. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order, with three (3) single year renewal
options, to West Coast Arborists, Inc. for providing tree trimming services
throughout the City. (See Attached) (Cost to the City -- $250,000 from the
General Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
34. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Robertson's Ready Mix, Ltd.,
for purchase of low permeability material for landfill cover repair materials of
12
09/07/2004
the former Waterman Landfill. (See Attached) (Cost to the City -- $563,640
from the Refuse Fund.) (Resolution not available at time of printing.)
Ward 1
MOTION: That said resolution be adopted.
35. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Filter Supply Company for
furnishing and the installation of diesel particulate filter systems for eight Refuse
trucks. (See Attached) (Cost to the City -- $64,800 from the Motor Pool
Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
36. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to the annual purchase orders to Burrtec Waste
Industries, Inc. and/or Inland Regional Material Recovery to provide for green
waste processing. (See Attached) (Cost to the City -- $580,200 from the
Refuse Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
Treasurer/Water
37. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the City of San Bernardino Municipal Water Department Investment
Policy for the proceeds received from the settlement of State of California
Department of Toxic Substances Control v. United States Department of the
Army, United States District Court Case No. 96-5205 (MRP) consolidated with
City of San Bernardino Municipal Water Department v. United States
Department of the Army, United States District Court Case No. 96-8867(MRP).
(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
13
09/07/2004
COMMITTEE CONSENT
Recommended for approval at the Grants Ad Hoc Committee meeting on August
8, 2004 - Committee Members present: McCammack, Longville and Estrada
38. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Police Department to apply for and accept a Driving Under the
Influence (DUI) Mini Grant from the State of California Office of Traffic Safety
in the amount of $47,648. (See Attached) (No cost to the City.) (Resolution
not available at time of printing.)
MOTION: That said resolution be adopted.
CONTINUED ITEMS
Development Services
CONTINUED FROM AUGUST 16, 2004
39. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting the 200412005 through 200812009 Capital Improvement Program.
(Backup material was distributed on August 16, 2004, Item No. 35.)
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
STAFF REPORTS
City Attorney's Office
40. Resolution of the Mayor and Common Council of the City of San Bernardino
amending Section 7.1 of Resolution No. 94-46 relating to time limitations of an
appellant or a named party, and other speakers, on the same agenda item.
(Document and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
41. Resolution of the Mayor and Common Council of the City of San Bernardino
amending Resolution No. 2000-279, Procedural Rules for meetings of Mayor
and Common Council, relative to administering oath for those giving testimony
at meetings of the Mayor and Common Council/Community Development
Commission. (Document and Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
14
09/07/2004
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meetin~ held
on Au~ust 17, 2004 - Committee Members Present: Estrada and McGinnis
R42. A Resolution of the Community Development Commission of the City of San
Bernardino ("Commission") designating the Commission Chairperson to act on
behalf of the Commission relative to the Special Landowner Election for Mello-
Roos Community Facility District (CFD) No. 1033 and taking related actions
thereto (Verdemont Fire Station). (Document and Resolution not available at
time of printing.) Ward 5
MOTION: That said resolution be adopted.
Heard at the Redevelopment Committee meetin~ held on Au~ust 17, 2004 -
Committee Members Present: Estrada and McGinnis
R43. Proposal to provide a CDBG float loan to the Totally Kids Inc. project. (See
Attached) Ward 3
MOTION: That the Mayor and Common Council discuss and take possible
action.
44. 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.)
45. 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, September 20,2004, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
15
09/07/2004
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.
16
09/07/2004