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Home My WebLink About03-07-2005 Reg. Agenda CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcitv.or~ Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kellev Rikke Van Johnson Wendy McCammack AGENDA JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 7, 2005 - 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 10.) CALL TO ORDER. PRESENT ABSENT PUBLIC COMMENTS ON CLOSED SESSION ITEMS A three-rmnute lIrmtatIOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIlICommumty Development COmmISSIOn. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc CLOSED SESSION 1 Pursuant to Government Code SectIOn(s) 1 03/07/2005 MOTION: That the Mayor and Common CouncIl and Commumty Development COmmISSIOn recess to closed seSSIOn for the followmg A Conference wIth legal counsel - eXIstmg lItIgatIOn - pursuant to Government Code SectIOn 54956 9(a) CandIce DICk v CIty of San Bernardmo - Umted States DIstnct Court Case No EDCV 02-158 V AP (SGLx) B Conference wIth legal counsel - antIcIpated lItIgatIOn - sIgmficant exposure to lItIgatIOn - pursuant to subdIVISIOn (b) (1), (2), (3) (A-F) of Government Code SectIOn 54956 9 Patrick Major v. City of San Bernardino Fire Department San Bernardino City Professional Firefighters Local No. 891 v. City of San Bernardino, Larry Pitzer, et al. ASCAP v. City of San Bernardino BMI v. City of San Bernardino SESA C v. City of San Bernardino MPLC v. City of San Bernardino C Conference wIth legal counsel - antIcIpated lItIgatIOn - ImtIatIOn 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 Cillef of PolIce on matters posmg a threat to the secunty of publIc bUIldmgs or threat to the publIc's nght 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 Negotiator Linn LIvmgston, Human Resources DIrector Employee OrgamzatIOn 2 03/07/2005 1 Contmued. General Umt 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. Uptown Project Area 3 Property Owner/Seller Buyer 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 Markets James F Penman on behalf of the City of San Bernardino Terms and conditions APN 0145-242-32 and APN 0145-242-33 Mayor Judith Valles, on behalf of the Redevelopment Agency of the City of San Bernardino, property owner(s) San Bernardino City Unified School District (" District") 3 03/07/2005 (Item Continued on Next Page) 1 Continued Mt. Vernon Redevelopment Project Area 4 Property 514 N Mt. Vernon Avenue APN 0138-115-06 Negotiating Parties Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Dan Virgilio, property owner Under Negotiation. Purchase price, terms and conditions IVDA Redevelopment Project Area 5 Property 2073 N Newcomb Street APN 1191-021-21 Negotiating Parties Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Rafael Orantes, Hector M Moreno, and Roberto Romo, property owner(s) Under Negotiation. Purchase price, terms and conditions END OF CLOSED SESSION 4 03/07/2005 RECONVENE MEETING - 3:00 P.M. PRESENT ABSENT INVOCATION PLEDGE 2 Appomtments A Ammal Control COmmISSIOn - James E Brown - CouncIl Member Estrada. (See Attached) MOTION: That the Mayor and Common CouncIl approve the appomtment of James E Brown to the Ammal Control COmmISSIOn, as requested by CouncIl Member Estrada. 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 mdIcated by consent calendar Items 5 through 16, be adopted except for _, _, _, _, and _ 5 WaIve full readmg of resolutIOns and ordmances MOTION: That full readmg of the resolutIOns and ordmances on the regular, supplemental and addendum to the supplemental agendas of the Mayor and Common CouncIlICommumty Development COmmISSIOn, be waIved. 5 03/07/2005 6 CouncIl Mmutes (See Attached) MOTION: That the rmnutes of the followmg meetmg of the Mayor and Common CouncIlICommumty Development COmmISSIOn of the CIty of San Bernardmo be approved as subrmtted m typewntten form. February 7, 2005 (Distributed 011 2/24/05) 7 ClaIms and Payroll. (See Attached) MOTION: That the claIms and payroll and the authonzatIOn to Issue warrants as lIsted on the memorandum dated March 1, 2005, from Barbara Pachon, DIrector of Finance, be approved. 8 Personnel ActIOns (See Attached) MOTION: That the personnel actIOns as subrmtted by the Cillef Exarmner dated March 1, 2005 m accordance wIth CIVIl ServIce rules and Personnel polIcIes adopted by the Mayor and Common CouncIl of the CIty of San Bernardmo, be approved and ratIfied. City Attorl1ey 9 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executIOn of a ProfeSSIOnal ServIces Agreement between Brumck, Battersby, McElhaney, & Beckett and the CIty of San Bernardmo to represent Salvador JImenez m the case of Kiranjeet K. Uppal v. City of San Bernardino; Salvador Jimenez; Brian Dennis Green; Does 1-20, inclusive. (Documel1t al1d Resolutiol1l1ot available at time of pril1til1g.) MOTION: That saId resolutIOn be adopted. City Clerk 10 RevIew and take actIOn regardmg the need for contmumg m 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 contmumg m effect the local emergency caused by the Old Waterman Canyon Fire 6 03/07/2005 11 Request for budget amendment to transfer $63,000 from the General Fund Budget Reserve to cover costs of SpecIal MumCIpal ElectIOn held on November 2, 2004 (See Attached) (Cost to the City -- $63,000 from the Gel1eral FUl1d. ) MOTION: That the Mayor and Common CouncIl authonze the DIrector of Finance to amend the FY 2004-05 budget by transfernng $63,000 from the General Fund Budget Reserve to Account No 001-032- 5502 (ProfessIOnal and Contractual ServIces) to cover the cost of the SpecIal MumCIpal ElectIOn held on November 2, 2004 Developmel1t Services 12 Authonze executIOn of Change Order No Four to contract wIth BonadIman- McCaIn, Inc for Timber Creek Improvements (See Attached) (Cost to the City -- $110,000 from the Storm Drail1 COl1structiol1 FUl1d.) Ward 1 MOTION: That the Mayor and Common CouncIl authonze the DIrector of Development ServIces to execute Change Order No Four m the amount of $40,524 81 to contract wIth BonadIman-McCaIn, Inc for Timber Creek Improvements, and authonze the DIrector of Finance to transfer $110,000 from Account No 248-368-5504- 7316 (Storm DraIn State Route 210) to Account No 248-368- 5504-7141 (Timber Creek Improvements) 13 Adopt NegatIve DeclaratIOn for the acqUIsItIOn of nght-of-way and constructIOn of street Improvements to extend GIOvanola Avenue approxImately 180 lmeal feet from ItS current northerly tenmnus at 2nd Street to 3rd Street. (See Attached) (No cost to the City.) Ward 1 MOTION: That the Mayor and Common CouncIl adopt a NegatIve DeclaratIOn for the acqUIsItIOn of nght-of-way and constructIOn of street Improvements to extend GIOvanola A venue approxImately 180 lmeal feet from ItS current northerly tenmnus at 2nd Street to 3rd Street. Fire 14 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the CIty of San Bernardmo to enter mto an agreement wIth Loma Lmda UmversIty MedIcal Center to provIde emergency medIcal servIce mformatIOn. (See Attached) (Cost to the City -- $600.00 from the Gel1eral FUl1d.) (Resolutiol1l1ot available at time of pril1til1g.) All Wards MOTION: That saId resolutIOn be adopted. 7 03/07/2005 Parks, Recreatiol1 & Commul1ity Services 15 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the executIOn of an Agreement wIth the County of San Bernardmo to adrmmster a contmuatIOn program from the State of CalIfornIa Commumty Based ServIces Program (CBSP) m the amount of $24,326 00 for the penod of July 1, 2004 through June 30, 2005 (See Attached) (No cost to the City.) (Resolutiol1l1ot available at time of pril1til1g.) All Wards MOTION: That saId resolutIOn be adopted. 16 ResolutIOn of the Mayor and Common CouncIl of the CIty of San Bernardmo authonzmg the Mayor or her desIgnee to execute Amendment No 3 of Contract 02-658 wIth the County of San Bernardmo for COLA mcreases to the Head Start/Preschool Staff Budget for FY 2004-2005 at Delmann HeIghts Commumty Center (See Attached) (No cost to the City - program is federally fUl1ded.) (Resolutiol1l1ot available at time of pril1til1g.) All Wards MOTION: That saId resolutIOn be adopted. END OF CONSENT CALENDAR COMMITTEE CONSENT Recommel1ded for approval at the Le~islative Review Committee 011 February 23, 2005 - Members Presel1t: Derry, Kelley al1d Johl1sol1 17 An Ordmance of the CIty of San Bernardmo addmg Chapter 8 35 of the San Bernardmo MumCIpal Code to TItle 8, establIsillng that any veillcle used to SOlICIt an act of prostItutIOn or to acqUIre or attempt to acqUIre a controlled substance IS a nUIsance subJect to seIzure and Impoundment. FIRST READING (Ordil1al1ce 110t available at time of pril1til1g.) MOTION: That saId ordmance be laId over for final adoptIOn. END OF COMMITTEE CONSENT 8 03/07/2005 PUBLIC HEARINGS CONTINUED FROM FEBRUARY 22, 2005 TO BE HEARD AT 4:00 P.M. Developmel1t Services 18 PublIc hearmg - resolutIOn ordenng work - Orange Show Road and Arrowhead Avenue Landscape MaIntenance Assessment DIstnct No 1038 (Parcel No 16222) (Backup material was distributed 011 February 7, 2005, Item No. 18; item was cOl1til1ued to February 22,2005, Item No. 17.) Ward 3 ResolutIOn of the CIty of San Bernardmo findmg and detenmmng the eXIstence of less than a maJonty protest, that ballots representmg at least fifty percent (50%) affirmatIve votes for the proposed assessment have been receIved and that the publIc convemence and necessIty reqUIre the maIntenance of landscapmg m the area of Orange Show Road and Arrowhead Avenue, approvmg the Final Engmeer's report, creatmg an assessment dIstnct to cover the costs of saId maIntenance, known as Assessment DIstnct No 1038, ordenng the work, confinmng the 2005-2006 Assessment Roll, and detenmmng that the SpecIal Assessment InveStIgatIOn, LIrmtatIOn and MaJonty Protest Act of 1931 shall not apply The hearil1g remail1s opel1 . . . MOTION: That the hearmg be closed, and that saId resolutIOn be adopted. (A four-fifths vote of the Council IS reqUIred.) TO BE HEARD AT 4:00 P.M. 19 PublIc hearmg - resolutIOn ordenng work - Northpark Boulevard and Campus Parkway area - Landscape MaIntenance Assessment DIstnct No 1036 (Tract No 16509) (See Attached) (No cost to the City -- $4,000 processil1g fee paid by applical1t.) Ward 5 ResolutIOn of the CIty of San Bernardmo findmg and detenmmng the eXIstence of less than a maJonty protest, that ballots representmg at least fifty percent (50%) affirmatIve votes for the proposed assessment have been receIved and that the publIc convemence and necessIty reqUIre the maIntenance of landscapmg and other Improvements m the area of Northpark Boulevard and Campus Parkway area, approvmg the Final Engmeer's Report, creatmg an assessment dIstnct to cover the costs of saId maIntenance, known as Assessment DIstnct No 1036, ordenng the work, confinmng the 2005-2006 Assessment Roll, and detenmmng that the SpecIal Assessment InveStIgatIOn, LIrmtatIOn and MaJonty Protest Act of 1931 shall not apply (Resolutiol1l1ot available at time of pril1til1g.) 9 03/07/2005 Mayor to opel1 the hearil1g . . . 19 Contmued. MOTION: That the hearmg be closed, and that saId resolutIOn be adopted. (A four-fifths vote of the Council IS reqUIred.) END OF PUBLIC HEARINGS COMMUNITY DEVELOPMENT COMMISSION CONTINUED FROM FEBRUARY 22, 2005 R20 ResolutIOn of the Commumty Development COmmISSIOn of the CIty of San Bernardmo, CalIfornIa, approvmg the forbearance of payments pursuant to the Loan Agreement between the Redevelopment Agency of the CIty of San Bernardmo and the San Bernardmo Symphony and the forgIveness of amounts owed thereon as of the final matunty date provIded that no pnor default has occurred. (New Staff Report and ResolutIOn) (Backup material was distributed 011 February 22, 2005, Item No. R31.) MOTION #1: That saId resolutIOn be adopted, and MOTION #2: That forbearance agreement number 1, be approved, or MOTION #3: That forbearance agreement number 2, be approved, or MOTION #4: That forbearance agreement number 3, be approved, or MOTION #5: That forbearance agreement number 4, be approved. 21 PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA A three-rmnute lIrmtatIOn shall apply to each member of the publIc who wIshes to address the Mayor and Common CouncIl/Commumty Development COmmISSIOn on a matter not on the agenda. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc (Usually any Items heard under tills headmg are referred to staff for further study, research, completIOn and/or future Council/COmmISSIOn actIOn.) 22 AdJournment. 10 03/07/2005 MOTION: That the meetmg be adJourned. NOTE: The next Jomt regular meetmg of the Mayor and Common CouncIlICommumty Development COmmISSIOn IS scheduled for 1 30 p m., Monday, March 21, 2005, m the Council Chambers of CIty Hall, 300 North "D" Street, San Bernardmo, CalIfornIa. NOTICE: Any member of the publIc may address tills meetmg of the Mayor and Common CouncIlICommumty Development COmmISSIOn on any Item appearmg on the agenda by approacillng the rmcrophone m the CouncIl Chambers when the Item about willch the member desIres to speak IS called and by askmg to be recogmzed. Any member of the publIc deslflng to speak to the Mayor and Common CouncIlICommumty Development COmmISSIOn concernIng any matter not on the agenda but willch IS wItmn the subJect matter JunsdIctIOn of the Mayor and Common CouncIlICommumty Development COmmISSIOn, may address the body at the end of the meetmg, dunng the penod reserved for publIc comments SaId total penod for publIc comments shall not exceed forty-five (45) rmnutes, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COmmISSIOn. A three rmnute lIrmtatIOn shall apply to each member of the publIc, unless such tIme lIrmt IS extended by the Mayor and Common CouncIlICommumty Development COmmISSIOn. No member of the publIc shall be penmtted to "share" ills/her three rmnutes wIth any other member of the publIc The Mayor and Common CouncIlICommumty Development COmmISSIOn may refer any Item raIsed by the publIc to staff, or to any COmmISSIOn, board, bureau, or COmmIttee for appropnate actIOn or have the Item placed on the next agenda of the Mayor and Common CouncIlICommumty Development COmmISSIOn. However, no other actIOn shall be taken nor dIscussIOn held by the Mayor and Common CouncIlICommumty Development COmmISSIOn on any Item willch does not appear on the agenda unless the actIOn IS otherwIse authonzed m 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 hearmg has been conducted and closed. 11 03/07/2005