HomeMy WebLinkAbout04-19-2004 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 19, 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):
People v. Danny Alcarez, et al. - San Bernardino Superior Court Case
No. SCVSS 102450;
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04/19/2004
1. Continued.
Alice Thomas & Allean Wilson v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 098359;
Armando Garcia, Jr. v. Chris McWhirter, et al. - United States District
Court Case No. EDCV 03-0190 RT (SGLx);
Ana Lopez v. City of San Bernardino, et al. - Rancho Cue among a
Superior Court Case No. RCV 072546;
Vernell Luckett v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 106743;
Anthony McClain v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 100812;
California Bio-Mass, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 083473.
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.
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
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04/19/2004
1. Continued.
2.
OLD TOWNE
1.
Property:
APN 0134-021-26 and 0134-021-27
688-698 West 6th Street
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency or the
San Bernardino City Housing Authority and
Neighborhood Housing Services of the
Inland Empire, property owner
Under Negotiation: Purchase price, terms and conditions
Property:
APN 0134-021-28
621 North G Street
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency or the
San Bernardino City Housing Authority and
Rohit Doshi and Rite Family Trust,
property owners
Under Negotiation: Purchase price, terms and conditions
3.
Property:
APN 0134-021-29
631 North G Street
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency or the
San Bernardino City Housing Authority and
Willie Wagoner and Rose Harris, property
owners
Under Negotiation: Purchase price, terms and conditions
ARDEN-GUTHRIE
4.
Property:
APN 1191-021-18
2072 N. Newcomb Street
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
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04/19/2004
1. Continued.
5.
6.
7.
Thomas E. Williams and Crystal L.
Williams, property owners
Under Negotiation: Purchase price, terms and conditions
Property:
APN 1191-021-21
2073 N. Newcomb Street
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Lydia Mayers, property owner
Under Negotiation: Purchase price, terms and conditions
Property:
APN 1191-021-22
2095 N. Newcomb Street
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Thomas E. Williams and Crystal L.
Williams, property owners
Under Negotiation: Purchase price, terms and conditions
Property:
APN 1191-021-48
2105 Dumbarton Avenue
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Petri Ahonen, property owner
Under Negotiation: Purchase price, terms and conditions
MEADOWBROOK
8.
Property:
APN 0135-292-35
123 N. Sierra Way
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the San Bernardino City Housing
Authority and Carlos Dorticos, property
owner
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04/19/2004
Under Negotiation: Purchase price, terms and conditions
1. Continued.
9. Property: APN 0135-291-18
174 N. Allen Street
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency or the
San Bernardino City Housing Authority and
Joe Gammariello, Property Owner
Under Negotiation: Purchase price, terms and conditions
10. Property: APN 0135-291-19
168 N. Allen Street
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency or the
San Bernardino City Housing Authority and
Joe Gammariello, property owner
Under Negotiation: Purchase price, terms and conditions
MT. VERNON
11. Property: 540 N. Mt. Vernon Avenue
APN 0138-115-04
APN 0138-115-05
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Frank Ruiz, Jr., Sandra Annette Alvarado
and Adrienne A. Loa, property owners
Under Negotiation: Purchase price, terms and conditions
12. Property: APN 0138-114-09
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Kathy T. Pham, property owner
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04/19/2004
1. Continued.
Under Negotiation: Purchase price, terms and conditions
AGENCY OWNED PROPERTY
13.
Property:
APN 0266-362-12
5055 Hallmark Parkway
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Stan Robbins and Jim Robbins, purchasers
Under Negotiation: Purchase price, terms and conditions
END OF CLOSED SESSION
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04/19/2004
RECONVENE MEETING
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Re-appointment - Ruben Nunez - Board of Building Commissioners -
Council Member Johnson.
MOTION: That the re-appointment of Ruben Nunez to the Board of Building
Commissioners, as requested by Council Member Johnson, be
approved.
3. Presentations.
A. Service Pin Awards Ceremony.
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
12, 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
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04/19/2004
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 30, 2004
(Distributed on 4/7/04)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated April 13, 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 April 12, 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.
Code Compliance
9. Resolution of the City of San Bernardino objecting to the May 2004 Tax Sale of
properties with City Assessments. (See Attached) (No cost to the City.)
All Wards
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 declaring Ohio A venue between Olive A venue and
Pine Avenue a through highway. (See Attached) (Cost to the City -- $1,200
from the General Fund. ) Ward 5
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04/19/2004
MOTION: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a contract to Laird Construction Company, Inc. for pavement
rehabilitation on Hospitality Lane from San Timoteo Bridge to Gage Canal per
Plan No. 10574A. (See Attached) (Cost to the City -- $405,000 from the %
Cent Sales and Road Tax Fund. ) Ward 3
MOTION: That said resolution be adopted.
Fire
12. Set study session for July 6, 2004, at 5:00 p.m. in the Economic Development
Agency Conference Room - presentation on emergency call volume
management and review of apparatus replacement schedule. (See Attached) (No
cost to the City.)
MOTION: That a study session be set for Tuesday, July 6, 2004, at 5:00
p.m. in the Economic Development Agency Conference Room to
hear a presentation on emergency call volume management and
review of apparatus replacement program.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Ways and Means Committee on April 7,
2004 - Members present: McCammack and Estrada
Council Office
13. Consideration of reduction in Utility User's Tax rate. (See Attached)
All Wards
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing enactment of an immediate reduction in the
Utility User's Tax rate and a formula for the reduction of the Utility
User's Tax in subsequent years, and repealing Resolution No. 2001-239.
(Cost to the City - UUT reduction will result in a loss of $178,200 in
General Fund revenue for FY 04/05.)
B. An Ordinance of the City of San Bernardino amending Chapter 3.44 of
the San Bernardino Municipal Code reducing the amount of the Service
Users Tax to 7.93 percent. FIRST READING
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04/19/2004
(Item Continued on Next Page)
13. Continued.
MOTION: That said resolution be adopted; and that said ordinance be
laid over for final adoption.
Recommended for approval at the Ways and Means Committee on April 7,
2004 - Members present: McCammack and Estrada
Water Department
14. Set Public Hearing for May 3, 2004 at 4:00 p.m. in the Council Chambers to
consider Water Department Sewer Rate adjustments. (See Attached)
MOTION: That a public hearing be set for May 3, 2004 at 4:00 p.m. for
review of Sewer Rate Study 2003.
Recommended for approval at the Grants Ad Hoc Committee held on
March 23,2004 - Members present: McCammack and Estrada
15. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submission of an ABC Grants Proposal for Local Law
Enforcement from the State Department of Alcoholic Beverage Control and
authorizing the acceptance of said grant funds in the amount of approximately
$50,000. (See Attached) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
PUBLIC HEARINGS
City Clerk
TO BE HEARD AT 4:00 P.M.
16. Public hearing - resolution imposing liens on property located in the City for
uncollected business registration fees. (See Attached) (No cost to the City.)
Resolution of the City of San Bernardino imposing liens on certain parcels of
real property located within the City of San Bernardino for uncollected business
registration fees.
Mayor to open the hearing . . .
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04/19/2004
(Item Continued on Next Page)
16. Continued.
MOTION: That the hearing be closed; that the City Clerk be directed to
administratively remove any properties from Exhibit A which
have been paid prior to the hearing; and that said resolution be
adopted.
TO BE HEARD AT 4:00 P.M.
17. Appeal hearing - regarding the results of a transient lodging tax audit for EI
Patio Hotel. (See Attached)
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; and that the Mayor and Common
Council uphold the decision of the City Clerk and adopt her
letter of March 15, 2004, as its findings and conclusions, based
upon the backup infonnation submitted and any additional
evidence presented at the hearing; or
MOTION #2: That the hearing be closed; and that the Mayor and Common
Council uphold the appeal of the applicant and reverse the
decision of the City Clerk; or
MOTION #3: That the hearing be closed; and that the Mayor and Common
Council uphold the appeal of the applicant in pan and direct the
City Attorney's Office to prepare findings and conclusions
consistent with its decision.
TO BE HEARD AT 4:00 P.M.
18. Appeal hearing - regarding the results of a transient lodging tax audit for Sahara
Motel. (See Attached)
Mayor to open the hearing . . .
MOTION #1: That the hearing be closed; and that the Mayor and Common
Council uphold the decision of the City Clerk and adopt her
letter of March 15, 2004, as its findings and conclusions, based
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04/19/2004
upon the backup infonnation submitted and any additional
evidence presented at the hearing; or
(Item Continued on Next Page)
18. Continued.
MOTION #2: That the hearing be closed; and that the Mayor and Common
Council uphold the appeal of the applicant and reverse the
decision of the City Clerk; or
MOTION #3: That the hearing be closed; and that the Mayor and Common
Council uphold the appeal of the applicant in pan and direct the
City Attorney's Office to prepare findings and conclusions
consistent with its decision.
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee Meetin~ on
March 16, 2004 -Committee Members Present: Estrada, Lon~ville and
McGinnis
TO BE HEARD AT 4:00 P.M.
R19. Public hearing - reallocation of 200112004 Community Development Block
Grant (CDBG) Funds; use of 2004/05 CDBG, Emergency Shelter Grant (ESG),
and HOME Funds; approval of Section 108 Loan Guarantee Application. (See
Attached)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino: (1) approving the 2004/05 CDBG Appropriations in
Attachment I as recommended by the Community Development Citizen
Advisory Committee (CDCAC); (2) approving the 2004/05 HOME and
Emergency Shelter (ESG) Grant Appropriations; (3) approving the
200112004 CDBG Reallocation of funds; (4) authorizing the Mayor to
execute and submit to HUD appropriate documents and to take all
necessary actions to implement the City's 200412005 Annual Action
Plan, including execution of contracts with public service agencies.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the submittal of a Section 108
Loan Guarantee Application (" Application") to facilitate two
Redevelopment Agency Projects (1) Mercado Santa Fe (Subarea B, of
Uptown Redevelopment Project Area) and (2) North Arden-Guthrie
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04/19/2004
Retail/Entertainment Shopping Center (IVDA Project Area) to the U.S.
Department of Housing and Urban Development ("HUD").
(Item Continued on Next Page)
R19. Continued.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that said resolutions A &
B, be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
Police
CONTINUED FROM APRIL 5, 2004
20. Resolution of the City of San Bernardino authorizing the Mayor 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.
(Backup material distributed on April 5, 2004, Item No. 17)
MOTION: That the matter be tabled.
END OF CONTINUED ITEMS
STAFF REPORTS
City Administrator
TO BE HEARD AT 4:00 P.M.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
declaring intention to establish a Community Facilities District for new
development for the ongoing operation and maintenance of a fire station for the
Verdemont Area and to levy a special tax within said Community Facilities
District, setting a public hearing thereon and authorizing the publication and
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04/19/2004
mailing of notice thereof (Community Facilities District No. 1033), and
repealing Resolution No. 2003-361. (See Attached) Ward 5
MOTION: That said resolution be adopted.
TO BE HEARD AT 4:00 P.M.
22. A Resolution of the Mayor And Common Council of the City of San Bernardino
directing the preparation of a Map and an Engineer's Report for Community
Facilities District No. 1033. (See Attached) Ward 5
MOTION: That said resolution be adopted.
TO BE HEARD AT 4:00 P.M.
23. A Resolution of the Mayor and Common Council of the City of San Bernardino
approving agreement with special legal counsel regarding Community Facilities
District No. 1033. (See Attached) (Resolution not available at time of
printing.) Ward 5
MOTION: That said resolution be adopted.
TO BE HEARD AT 4:00 P.M.
24. A Resolution of the Mayor and Common Council of the City of San Bernardino
approving form of Mitigation Agreement in the Verdemont Fire Station Service
Area and authorizing execution of the final form of Mitigation Agreements with
participating developers (Community Facilities District No. 1033). (See
Attached) Ward 5
MOTION: That said resolution be adopted.
TO BE HEARD AT 4:00 P.M.
25. A Resolution of the Mayor and Common Council of the City of San Bernardino
approving goals and policies for the use of Community Facilities Districts
Pursuant to the Mello-Roos Community Facilities District Act. (See Attached)
Ward 5
MOTION: That said resolution be adopted.
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04/19/2004
City Clerk
26. 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).
(Item Continued on Next Page)
26. Continued.
MOTION: That the Mayor and Common Council confirm the need for
continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
27. An Ordinance of the City of San Bernardino amending Section 5.76.200 of the
San Bernardino Municipal Code relating to taxicab rates. FIRST READING
(See Attached) (No cost to the City.)
MOTION: That said ordinance be laid over for final adoption.
28. Resolution of the Mayor and Common Council of the City of San Bernardino to
provide for an increase in rates for taxicab service. (See Attached) (No cost to
the City.)
MOTION: That said resolution be adopted.
Mayor Office
29. Set workshop on May 17, 2004 at 7:00 p.m. in the Economic Development
Agency Boardroom regarding the proposed new Charter. (See Attached)
MOTION: That a workshop be set for Monday, May 17, 2004, at 7:00 p.m.
in the Economic Development Agency Boardroom, 2nd Floor, at
201 North "E" Street on the proposed new Charter.
END OF STAFF REPORTS
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04/19/2004
30. 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.)
31. 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, May 3, 2004, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
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
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04/19/2004
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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04/19/2004