Loading...
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) 1 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) 2 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) 3 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) 4 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 5 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 _. 6 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. 7 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. 8 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. 9 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. 10 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) 11 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 12 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 13 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) 14 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. 15 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. 16 04/05/2004