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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) 1 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. 2 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 3 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 4 06/07/2004 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. 5 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 6 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. 7 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. 8 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 9 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.) 10 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 11 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 12 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 13 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. 14 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. 15 06/07/2004