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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