HomeMy WebLinkAbout09-19-2005 Reg. Agenda
Mayor Judith Valles
Council Members:
CITY OF SAN BERNARDINO
Esther Estrada
300 N. “D” Street
Susan Longville
Gordon McGinnis
San Bernardino, CA 92418
Neil Derry
Website: www.sbcity.org
Chas Kelley
Rikke Van Johnson
Wendy McCammack
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, SEPTEMBER 19, 2005 – 1:30 P.M.
COUNCIL CHAMBERS
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management
(384-5244) two working days prior to the meeting for any requests for reasonable
accommodation to include interpreters. (Community Development Commission items
are on pages 10-12.)
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
09/19/2005
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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 – existing litigation – pursuant to
Government Code Section 54956.9(a):
Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez,
et al. – San Bernardino Superior Court Case No. SCVSS 86091/United
States District Court Case No. EDCV 02-142 RT (SGLx);
Mark Emoto vs. City of San Bernardino, et al. – San Bernardino
Superior Court Case No. SCVSS 119904.
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:
Appointment
Economic Development Agency Interim Director
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:
1. Property: 247 West Third Street
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(Item Continued on Next Page)
1. Continued.
Negotiating Parties: 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
Under Negotiation: Purchase price, terms and conditions
2. Property: 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
Negotiating Parties: 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
Under Negotiation: Terms and conditions
3. Property: Joint Use Multipurpose Room/Gymnasium at
the Cesar Chavez Middle School, 6650
Magnolia Court, San Bernardino, California
Negotiating Parties: Marianne Milligan, City Attorney’s Office and
Teri Baker, City Administrator’s Office for the
City of San Bernardino, licensee, Wael Elatar,
Facilities Administrator, San Bernardino City
Unified School District, as property owner
Under Negotiation: Terms and conditions
4. Property: Community Facilities:
Delman Heights Community Center 2669 N. Flores Street
Fifth Street Senior Center 600 W. Fifth Street
Lytle Creek Community Center 380 S. “E” Street
Mill Community Center 503 S. “E” Street
Nicholson Community Center 2750 W. Second Street
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st
Perris Hill Park Senior Park 780 E. 21 Street
Ruben Campos Community Center 1717 W. Fifth Street
Rudy Hernandez Community Center 222 N. Lugo
Norton/Galaxy Ballroom 1494 Art Townsend Drive
1. Continued.
Negotiating Parties: Marianne Milligan, City Attorney’s Office and
Lemuel P. Randolph, Director Parks,
Recreation and Community Services
Department, for property owner; Gregory
Humpal, Contract Analyst, San Bernardino
City Unified School District
END OF CLOSED SESSION
09/19/2005
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RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
INVOCATION: _________________________________________
PLEDGE: _________________________________________
2. Appointments.
A. Dr. J. Milton Clark – Board of Library Trustees – Mayor Valles (See
Attached)
MOTION: That the appointment of Dr. J. Milton Clark to the Board
of Library Trustees, as requested by Mayor Valles, be
approved.
3. Presentations.
nd
A. 2 Quarter Employee Awards.
B. 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 normal
sequence on the agenda. Information 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 ____.
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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Mayor and Common Council and the Planning Commission, be
waived.
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6. Council Minutes.
MOTION: That the minutes of the following meeting of the Mayor and
Common Council/Community Development Commission/San
Bernardino City Housing Authority of the City of San Bernardino
be approved as submitted in typewritten form:
August 8, 2005 (Distributed on 9/13/05)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated September 6, 2005,
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 September 15, 2005 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
approving a Master Services Agreement by and between the Inland Valley
Development Agency and the City of San Bernardino for provision of City
services for Fiscal Year 2005/2006. (See Attached) (Reimbursement to the
City – not to exceed $231,600.) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to increase Account No. 001-183-5505 by
$100,000 for expedited engineering services and Revenue
Account No. 001-000-4671 by $100,000 to reflect corresponding
reimbursement.
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10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of Amendment Number 3 and ratifying Amendment
Number 2 to the Cooperative Agreement between the City of San Bernardino
and the San Bernardino Associated Governments (SANBAG) for the San
Bernardino Metrolink Commuter Rail Station and the San Bernardino Santa Fe
Depot Rehabilitation Project, Contract No. 04-040. (See Attached) (Cost to
the City – None by this action) (Resolution not available at time of
printing.) Ward 1
MOTION: That said resolution be adopted.
City Attorney
11. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain records no longer required to be maintained
by the San Bernardino City Attorney’s Office. (See Attached) (No cost to the
City.)
MOTION: That said resolution be adopted.
City Clerk
12. 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.
Development Services
13. Resolution of the City of San Bernardino amending Resolution No. 3985
entitled, in part, “A resolution…prohibiting parking upon certain designated
streets, alleys, or portions thereof…” to establish a no parking except by permit
at any time zone on the east side of Golden Avenue between Holly Vista
Boulevard and three hundred sixty five feet north of Holly Vista Boulevard and
on the west side of Golden Avenue between Holly Vista Boulevard and five
hundred feet north of Holly Vista Boulevard. (See Attached) (Cost to the City
-- $1,800 from the Street Maintenance Fund.) (Resolution not available at
time of printing.) Ward 7
MOTION: That said resolution be adopted.
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14. Resolution of the City of San Bernardino directing and authorizing the execution
of a Sales and Purchase Agreement with David E. Mlynarski and the execution
of a grant deed for the sale of City property generally located on the southeast
corner of Mac Kay Drive and “D” Street in the City of San Bernardino. (See
Attached) (No cost to the City – sale proceeds of $160,000, less closing costs,
to the Water Department.) (Resolution not available at time of printing.)
Ward 3
MOTION: That said resolution be adopted.
15. Resolution of the City of San Bernardino authorizing the execution of a lease
agreement between the City of San Bernardino, a municipal corporation and
New Cingular Wireless PCS, LLC, a Delaware limited liability company.
(Nicholson Park, 2750 West Second Street). (See Attached) (Revenue to the
City -- $1,700 per month.) (Resolution not available at time of printing.)
Ward 6
MOTION: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
approving Standard Form of Agreement for Subdivision Tract No. 10260
located north of Hill Drive and West of Mayfield Avenue with Gardner
Construction & Development, Inc., with time of performance specified, and
authorizing release of John C. Heers, Inc. from terms of Standard Form of
Agreement for Subdivision Tract No. 10260 as approved by Resolution No. 85-
434, dated October 21, 1985. (See Attached) (No Cost to the City)
(Resolution not available at time of printing.) Ward 4
MOTION: That said resolution be adopted.
Public Services
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Fairview Ford for two used
Ford Crown Victoria sedans to be utilized by the Police Department. (See
Attached) (Cost to the City -- $34,421.66 from the Motor Pool Fund.)
(Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
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18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Advanced Infrastructure
Technologies for a used 2005 Chevrolet Express Van complete with a CCTV
camera system to be utilized by the Sewer Line Maintenance Division. (See
Attached) (Cost to the City - $123,373.75 from the Sewer Line Maintenance
Fund.) (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 September 7, 2005 meeting of the
Legislative Review Committee – Members present: Derry, Kelley and
Johnson
Council Office
19. Resolution of the Mayor and Common Council of the City of San Bernardino
supporting the Sexual Predator Punishment and Control Act: Jessica’s Law.
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT
CONTINUED ITEMS
Development Services
CONTINUED FROM AUGUST 1, 2005
20. Resolution of the City of San Bernardino setting a public hearing relative to the
formation of Underground Utility District No. 32, generally located along
portions of Victoria Avenue. (New Staff Report Attached) (Backup material
distributed on August 1, 2005, Item No. 21.) (Resolution not available at
time of printing.) Ward 4
MOTION: That the Director of Development Services and the City Clerk be
authorized to proceed with the formation of Underground Utility
District No. 32, along portions of Victoria Avenue, north of
Highland, pursuant to San Bernardino Municipal Code Section
13.36; and that said resolution be adopted.
09/19/2005
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END OF CONTINUED ITEMS
STAFF REPORTS
TO BE HEARD AT 5:00 P.M.
21. Joint workshop of the Mayor and Common Council and Planning Commission
in the Economic Development Agency Board Room to discuss circulation
improvements and the Nexus Study. (No cost to the City.)
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
CONTINUED FROM SEPTEMBER 6, 2005
TO BE HEARD AT 5:00 P.M.
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R22. Public hearing – 2005 49 Street Single Family Residential Disposition and
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Development Agreement – TELACU Development, LLC (40 Street
Redevelopment Project Area). (Item was continued from July 18, 2005, Item
No. R42, no backup material was distributed on July 18, 2005; item was
continued to August 1, 2005, Item No. R38; item was continued to
September 6, 2005, Item No. R45.)
A. Resolution of the Mayor and Common Council of the City of San
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Bernardino approving the 2005 49 Street Single Family Residential
Disposition and Development Agreement by and between the
Redevelopment Agency of the City of San Bernardino (“Agency”) and
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TELACU Development, LLC (“Developer”) (TELACU 49 Street New
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Homes Project – 40 Street Redevelopment Project Area.) (Resolution
not available at time of printing.)
B. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the Executive Director to
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execute the 2005 49 Street Single Family Residential Disposition and
Development Agreement by and between the Redevelopment Agency of
the City of San Bernardino (“Agency”) and TELACU Development,
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LLC (“Developer”) (TELACU 49 Street New Homes Project – 40
Street Redevelopment Project Area.) (Resolution not available at time
of printing.)
Mayor to open the hearing . . .
09/19/2005
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MOTION: That the matter be continued to October 17, 2005.
Recommended for approval at the Redevelopment Committee on September
6, 2005 Committee Members present: Estrada and Longville
R23. Termination Agreements - Imperial Imports Inc., DBA Toyota of San
Bernardino, Scion of San Bernardino and San Bernardino Hyundai. (Document
not available at time of printing.)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute the Termination Agreement
to that certain Redevelopment Cooperation and Financing Agreement by
and between the City of San Bernardino and the Redevelopment Agency
of the City of San Bernardino (Redevelopment Cooperation and
Financing Agreement – Imperial Imports, Inc., DBA Toyota of San
Bernardino, Scion of San Bernardino and San Bernardino Hyundai).
(Resolution not available at time of printing.)
B. Resolution of the Community Development Commission of the City of
San Bernardino authorizing the Chairperson of the Community
Development Commission to execute the Termination Agreement to that
certain Redevelopment Cooperation and Financing Agreement by and
between the City of San Bernardino and the Redevelopment Agency of
the City of San Bernardino (Redevelopment Cooperation and Financing
Agreement – Imperial Imports, Inc., DBA Toyota of San Bernardino,
Scion of San Bernardino and San Bernardino Hyundai). (Resolution not
available at time of printing.)
C. Resolution of the Community Development Commission of the City of
San Bernardino approving and authorizing the Executive Director of the
Agency to execute the Termination Agreement to the Redevelopment
Participation Agreement by and between the Redevelopment Agency of
the City of San Bernardino and Imperial Imports, Inc., (DBA Toyota of
San Bernardino, Scion of San Bernardino and San Bernardino Hyundai).
(Resolution not available at time of printing.)
MOTION: That said resolutions A, B, and C, be adopted.
R24. Property Owner Participation Agreement (OPA) – Meadowbrook Park
Revitalization Area and Resolution rescinding Resolution No. SBHA/2005-03,
Resolution of Public Interest and Necessity of Acquisition of Real Property
located at the northwest corner of Allen Street and Rialto Avenue, San
Bernardino, California.
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(Item Continued on Next Page)
R24. Continued.
(Community Development Commission)
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 2005 Property Owner Participation Agreement by and
between the Redevelopment Agency of the City of San Bernardino and
Bonnie S. Johnson (“Owner”) for the development of three (3) single
family homes on the property located on the northwest corner of Allen
Street and Rialto Avenue (APN: 0135-292-39) (“Property”)
(Meadowbrook Park Revitalization Area). (Resolution not available at
time of printing.)
(San Bernardino City Housing Authority)
B. Resolution of the San Bernardino City Housing Authority making certain
findings with respect to the use of certain property for residential
development in the Meadowbrook Park Revitalization Area and
rescinding Housing Authority Resolution No. SBHA/2005-03 adopted
June 20, 2005, related to the land located at the northwest corner of
Allen Street and Rialto Avenue, San Bernardino, California, APN 0135-
292-39 (“Property”). (Resolution not available at time of printing.)
MOTION: That said resolutions A and B, be adopted.
25. 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.)
26. Adjournment.
MOTION: That the meeting be adjourned.
09/19/2005
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NOTE: The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, October 3, 2005, in the Council Chambers of City Hall, 300 North
“D” Street, San Bernardino, California.
09/19/2005
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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.
09/19/2005
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