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Home My WebLink About03-20-2006 Reg. Agenda Mayor Patrick J. Morris Council Members: CITY OF SAN BERNARDINO Esther Estrada Dennis J. Baxter 300 N. “D” Street 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 JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO MONDAY, MARCH 20, 2006 – 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 13 & 14.) 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. 03/20/2006 1 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 – existing litigation – pursuant to Government Code Section 54956.9(a): Natasha Johnson v. City of San Bernardino, et al. – United States District Court Case No. CV 05-05536 RJK (SSx); Graham, Dion & Tina v. City of San Bernardino – San Bernardino Superior Court Case No. 130968; Clarendon National Insurance Co. v. City of San Bernardino – San Bernardino Superior Court Case No. SCVSS 131821. 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: Matich v. City of San Bernardino C. Conference with legal counsel – anticipated litigation – initiation of litigation – pursuant to subdivision (c) of Government Code Section 54956.9: Patrons of the Roosevelt Bowl v. Paycheck City v. Burrtec D. Closed Session – personnel – pursuant to Government Code Section 54957: Public Employee/Discipline/Dismissal/Release 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. 03/20/2006 2 (Item Continued on Next Page) 1. Continued. G.Conference with real property negotiator – pursuant to Government Code Section 54956.8: Uptown Redevelopment Project Area nd 1. Property: 1108 West 2 Street APN 0138-301-07 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer and Marlene Belchefsky, Trustee on behalf of the Belchefsky Children Family Trust, property owner Under Negotiation: Purchase price, terms and conditions th 40 Street Redevelopment Project Area th 2. Property: 267 East 49 Street APN 0154-126-25 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer and Oscar P. Palomera, property owner Under Negotiation: Purchase price, terms and conditions Central City North Redevelopment Project Area (Old Towne Area) 3. Property: 621 North “G” Street APN 0134-021-28 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer and Rohit Doshi/Family Rita, property owner Under Negotiation: Purchase price, terms and conditions 4. Property: 631 North “G” Street APN 0134-021-29 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer and Willie Wagoner and Rose Harris, property owners 03/20/2006 3 Under Negotiation: Purchase price, terms and conditions (Item Continued on Next Page) 1. Continued. IVDA Redevelopment Project Area (South Arden Guthrie Neighborhood) 5. Property: 2105 East Sunrise Lane APN 1191-051-55 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as property owner and Habitat for Humanity, as buyer Under Negotiation: Purchase price, terms and conditions Central City Redevelopment Project Area (Carousel Mall) 6. Property: APN 0134-201-25 and 0134-211-36 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer and Upham Development Company, property owner(s) Under Negotiation: Purchase price, terms and conditions 7. Property: APN 0134-301-29 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer and El Corte Ingles S.A. Company, property owner(s) Under Negotiation: Purchase price, terms and conditions END OF CLOSED SESSION 03/20/2006 4 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Appointment - Planning Commission – Susan Lien Longville – Council Member Baxter B. Appointment - Police Commission – Oscar Gonzalez – Council Member Baxter C. Appointment - Human Relations Commission – Mary Sue “Susana” Atanasova – Council Member Baxter D. Re-appointment – Fire Commission – Connie Rodriguez – Council Member Estrada E. Re-appointment – Parks & Recreation Commission – Robert G. Vega – Council Member Estrada F. Re-appointment – Police Commission – Teresa Flores-Lopez – Council Member Estrada G. Re-appointment – Senior Affairs Commission – Bobbie J. Johnson – Council Member Estrada H. Re-appointment Animal Control Commission – Susan Dawson – Council Member Derry I. Re-appointment - Board of Building Commissioners – Manfred F. Gildner – Council Member Derry J. Re-appointment - Fine Arts Commission - Timothy J. Martin – Council Member Derry K. Re-appointment - Parks and Recreation Commission – Felix D’Amico – Council Member Derry L. Re-appointment - Police Commission – Felix D’Amico – Council Member Derry M. Re-appointment - Planning Commission – John Coute – Council Member Derry MOTION: That the appointments/re-appointments A-M, be approved. 3. Presentations. A. Service Pin Awards Ceremony. 03/20/2006 5 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 22, 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 and 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 be approved as submitted in typewritten form: February 6, 2006 (Distributed on 3/13/06) 7. Claims and Payroll. (See Attached) MOTION: That the claims and payroll and the authorization to issue warrants as listed on the memorandum dated March 13, 2006, from Barbara Pachon, Director of Finance, be approved. 8. Personnel Actions. MOTION: That the personnel actions, as submitted by the Chief Examiner, dated March 15, 2006 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. 03/20/2006 6 City Clerk 9. 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. LAID OVER FROM MARCH 6, 2006 City Manager 10. Ordinance of the City of San Bernardino amending Chapters 2.02, 2.04, 2.06, 2.10, 2.12, 2.14, 2.15, 2.18, 2.38, 2.54, 2.58, 2.60, and 2.70; adding Chapters 2.77, 2.78, 2.79. 2.80 and 2.81; and repealing Chapters 2.16 and 2.60 of the San Bernardino Municipal Code. FINAL READING (Backup material was distributed on March 6, 2006, Item No. 20.) MOTION: That said ordinance be adopted. Development Services 11. 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 establishing a three-way stop at the intersection of Inland Center Drive at “I” Street. (See Attached) (Cost to the City -- $2,500 from the General Fund.) (Resolution not available at time of printing.) Ward 3 MOTION: That said resolution be adopted. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to C-18, Inc. for a one year extension to the annual city wide traffic striping and pavement marking maintenance services agreement per Project No. 11329 and adjusting quantities and unit prices to allow an increase of unit prices by approximately 3%. (Document and Resolution not available at time of printing.) (Cost to the City -- $582,574 from the General Fund and various CIP Street Projects.) All Wards 03/20/2006 7 MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 2910 North Macy Street. (See Attached) (No cost to the City -- $1,000 processing fee paid by applicant.) (Resolution not available at time of printing.) MOTION: That the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 2910 North Macy Street; and that said resolution be adopted. 14. Resolution of the City of San Bernardino establishing fair market value and minimum sale price for a portion of certain City owned parcel of real property generally located southwesterly of Kendall Drive and Cajon Boulevard, and setting a public hearing to consider said sale. (See Attached) (Revenue to Water Department anticipated from sale of property -- $20,153.) (Resolution not available at time of printing.) Ward 6 MOTION: That the Director of Development Services be authorized to proceed with the sale of City Water Department property located southwesterly of Kendall Drive and Cajon Boulevard; and that said resolution be adopted. 15. Resolution of the City of San Bernardino authorizing execution of a cooperative agreement between the City of San Bernardino and the County of San Bernardino for pavement rehabilitation of Fifth Street between Waterman Avenue and Tippecanoe Avenue (SS06-38). (See Attached) (Cost to the City -- $518,945 from the Gas Tax Fund.) (Resolution not available at time of printing.) Ward 1 MOTION #1: That said resolution be adopted; and MOTION #2: That the Director of Finance be authorized to amend the FY 2005/2006 budget by transferring $10,400 from Account No. th 126-369-5504-7530 “19 Street Pavement Rehabilitation (County th Lead) (SS04-112)” to Account No. 126-369-5504-7583 “5 Street 03/20/2006 8 Pavement Rehabilitation from Waterman Avenue to Tippecanoe Avenue (SS06-28)”; and; (Item Continued on Next Page) 15. Continued. MOTION #3: That the Director of Finance be authorized to amend the FY 2005/2006 budget by transferring $50,000 from Account No. th 129-367-5504-7595 “Landscaping on 4 Street from Mt. Vernon th Avenue to 5 Street (SS06-04)” to a new Account No. 129-367- th 5504-7583 “5 Street Pavement Rehabilitation from Waterman Avenue to Tippecanoe Avenue (SS06-38)”; and MOTION #4: That the Director of Finance be authorized to amend the Fiscal Year 2005/2006 budget to reflect an increase in anticipated revenue of $128,400 in the Gas Tax Fund (Fund 126) associated with the increase in the County’s share of the cost of the project for a total County share of $352,883, and increase the project expense budget by $128,400 to reflect the full project costs in the budget. Fire 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to issue a purchase order to L.N. Curtis & Sons in the amount of $41,699.25 for radio communication systems and remote push-to-talk kits. (See Attached) (Cost to the City -- $41,699.25 from Federal and State Program funds.) (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 authorizing the Director of Finance or designee to increase Y Tire Sales annual purchase order for tires and services on fire apparatus. (See Attached) (Cost to the City -- $5,500 from the General Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 03/20/2006 9 Parks, Recreation and Community Services 18. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or his designee, the Director of Parks, Recreation, & Community Development Services Department to execute a Memorandum of Understanding with the San Bernardino City Unified School District to provide contractual services for seventeen (17) before & after-school recreation programs at school district sites. (See Attached) (Cost to the City -- $41,600, which will be included in the department FY 06-07 General Fund budget.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Police 19. Resolution of the City of San Bernardino authorizing the execution of an Amendment to the Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2005/06. (See Attached) (Cost to the City -- $11,000 from the General Fund.) (Resolution not available at time of printing.) MOTION: That said resolution be adopted. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for the San Bernardino Police Department to participate as a member of the Federal Bureau of Investigation’s Gang Impact Team Task Force. (See Attached) (No cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Public Services 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Purchase Order to Fairview Ford for twenty-three (23) year 2006 Ford Crown Victoria police interceptors; and authorizing the Purchasing Manager to solicit lease-purchase rate quotes and award a lease- purchase to the lowest responsible leasing company. (See Attached) (Cost to the City -- $609,326.35 from the Motor Pool Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 03/20/2006 10 LAID OVER FROM MARCH 6, 2006 Water 22. An Ordinance of the City of San Bernardino, California, adding Chapter 13.25 of the San Bernardino Municipal Code entitled Spreading or Extraction within the Management Zone. FINAL READING (Backup material distributed on March 6, 2006, Item No. 23.) MOTION: That said ordinance be adopted. END OF CONSENT CALENDAR CONTINUED ITEMS City Attorney CONTINUED FROM MARCH 6, 2006 23. 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) MOTION: That said resolution be adopted. END OF CONTINUED ITEMS STAFF REPORTS City Attorney 24. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing and replacing San Bernardino Municipal Code Section 8.82.050 of Chapter 8.82 regarding recovery of expenses for extraordinary law enforcement services. FIRST READING (Document and Ordinance not available at time of printing.) MOTION: That the Mayor and Common Council refer this matter to the Legislative Review Committee for study and report back to the Mayor and Common Council. City Manager TO BE HEARD AT 4:00 P.M. 25. Public hearing – to consider an ordinance establishing and modifying certain development impact fees and a resolution setting certain development impact fees. (See Attached) 03/20/2006 11 (Item Continued on Next Page) 25. Continued. Resolution of the Mayor and Common Council of the City of San Bernardino setting the amount of certain development impact fees, and repealing Resolution 88-140. (Resolution not available at time of printing.) Ordinance of the City of San Bernardino adding Chapter 3.27 to the San Bernardino Municipal Code to establish development impact fees, and repealing Chapter 3.26 and Chapter 19.30.320 of the San Bernardino Municipal Code. FIRST READING (Ordinance not available at time of printing.) Mayor to open the hearing . . . MOTION: That the hearing be continued to April 3, 2006; that said resolution be continued to April 3, 2006; and that said ordinance be laid over for final adoption. 26. Resolution authorizing the Mayor to execute a Traffic Development Impact Fee Prepayment Agreement among the City of San Bernardino, the Inland Valley Development Agency and the San Bernardino International Airport Authority. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. TO BE HEARD AT 5:00 P.M. 27. Workshop to discuss new City Charter – Economic Development Agency Boardroom. (See Attached) 28. A Resolution repealing Resolution No. 12836 regarding reimbursement of expenses and costs for Council Members to comply with AB 1234 (Gov’t Code Section 53232 Et. Seq.) (See Attached) 03/20/2006 12 MOTION: That said resolution be adopted; and that the matter be referred to the Ways and Means Committee to recommend a written policy to the Mayor and Common Council. Council Office 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement between the City of San Bernardino and the Patrons of the Roosevelt Bowl to provide support services for Market Night at Perris Hill Park. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee on February 21, 2006 – Committee Members present: Estrada, McGinnis and Longville R30. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (“Agency”) to execute the Redevelopment Project Study and Redevelopment Assistance Agreement (“Agreement”) with Anita’s Restaurant and Bakery, Inc. (“Developer”) – Mount Vernon Corridor Redevelopment Project Area. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee on February 7, 2006 – Committee Members present: Estrada and McGinnis R31. Downtown Mixed Use Financing Plan – Low/Mod 20% Set–Aside Bond Issue 2006. (Document not available at time of printing.) (Mayor and Common Council) A. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the borrowing by the Redevelopment Agency of the City of San Bernardino from the San Bernardino Joint Powers Financing Authority in a total aggregate principal amount of not to 03/20/2006 13 exceed $36,000,000, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (Resolution not available at time of printing.) (Item Continued on Next Page) R31. Continued. (Community Development Commission) B. Resolution of the Community Development Commission of the City of San Bernardino authorizing on behalf of the Redevelopment Agency of the City of San Bernardino, the borrowing of funds from the San Bernardino Joint Powers Financing Authority in a total aggregate principal amount of not to exceed $36,000,000, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (Resolution not available at time of printing.) (Joint Powers Financing Authority) C. Resolution of the San Bernardino Joint Powers Financing Authority authorizing the issuance of San Bernardino Joint Powers Financing Authority Tax Allocation Bonds, (20% Set-Aside) Taxable Series 2006 in a total aggregate principal amount not to exceed $36,000,000, approving the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (Resolution not available at time of printing.) MOTION: That said resolutions A-C, be adopted. END OF COMMUNITY DEVELOPMENT COMMISSION 32. 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.) 33. Adjournment. 03/20/2006 14 MOTION: That the meeting be adjourned. NOTE: The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, April 3, 2006, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 03/20/2006 15 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. 03/20/2006 16