The URL can be used to link to this page

Home My WebLink About04-03-2006 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 OF THE CITY OF SAN BERNARDINO MONDAY, APRIL 3, 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 Pages 11 & 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. 104/03/2006 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): Rosario Aguilar v. City of San Bernardino – San Bernardino Superior Court Caste No. SCVSS 115557; Juventino Flores v. City of San Bernardino, et al. – United States District Court Case No. EDCV 05-00505 SGL; Sequenta Lawrence v. City of San Bernardino, et al. – United States District Court Case No. EDCV 04-00336; Qion Marshall v. City of San Bernardino, et al. – United States District Court Case No. EDCV 04-00272 SGL. 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 Executive 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. (Item Continued on Next Page) 204/03/2006 1. Continued. F.Conference with labor negotiator – pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organization: Police Officers Association G. Conference with real property negotiator – pursuant to Government Code Section 54956.8. IVDA Redevelopment Project Area (North Arden Guthrie Neighborhood) 1.Properties and Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as Property Owner on 2004, 2028, 2029, 2050, 2072, 2073, 2094, 2095, 2104, 2105, 2122, 2123, 2140, 2141, 2158, 2159, 2176, 2177 Newcombe Street; 2028, 2029, 2050, 2051, 2072, 2073, 2094, 2095, 2104, 2122, 2140, 2159, 2177 McKinley Street; 2004, 2028, 2029, 2050, 2051, 2072, 2073, 2094, 2095, 2104, 2105, 2141, 2158, 2177, 2194 Dumbarton Street; and 2122 Arden Avenue and Lee Orr, on behalf of CT Realty Corporation, as Buyer and Clayton & Virginia Kautzman-2194 Newcombe Street; Phuong Doan-2005 Newcombe Street; Enrique and Maria Cachua-2150 Newcombe Street; Silverio and Virginia Vizcaino-2195 Newcombe Street; Alfonso A. and Teresa E. Hernandez-2004 McKinley Street; Miguel Flores- 2005 McKinley Street; Sabraj Nijjar-2123 and 2141 McKinley Street; Pedro Uriostegue-2158 McKinley Street; Dion and Tina Graham-2194 McKinley Street; Sonia Ortiz-2195 McKinley Street; Ody Ents-2005 Dumbarton Street; Don Friedman-2122 Dumbarton Street; Gloria Fimbres-2123 Dumbarton; Robert Moreno-2140 Dumbarton; Gloria Leynes-2159 Dumbarton; Daniel Garcia-2176 Dumbarton; Aaron L. Edwards-2004 and 2028 Arden Avenue; Larry Sr. and Andrea Estrada-2050 Arden Avenue; Humberto Velasquez and Delmy A. Ayala-2072 Arden Avenue; Luu Quang Phuoc-2094 Arden Avenue; Lou Cannon-2104 Arden Avenue; Ramon and Maria G. Hernandez-2140 Arden Avenue, as Property Owners and Lee Orr, on behalf of CT Realty Corporation, as Buyer; Under Negotiation: Purchase price, terms, and conditions 2. Properties and Negotiating Parties: Fred Wilson, City Manager, on behalf of the City, as property owner, 1191- 101-03, 1191-101-04, 1191-101-05, 1191-101-06, 119-101-06, 1191-101-07, 1191-101-08 and Lee Orr, on behalf of CT Realty as lessee; and Fred Wilson, City Manger, on behalf of the City, as property owner, 1191-201-01, 1191- 201-02 and Lee Orr, on behalf of CT Realty, as lessee. Under Negotiation: Purchase price, terms, and conditions 304/03/2006 (Item Continued on Next Page) 1. Continued. Central City North Redevelopment Project Area (Downtown Acquisition Program) 3. Properties and Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment th Agency, as Buyer and William R. Bland - 796 West 5 Street (APN 0134-054- 25); Allied Capital Investment, LLC - 495 North “G” Street (APN 0134-101- th 28); Chiyo Lapham - 708, 720 West 4 Street (APN 0134-093-45); Charles and Sarah Garner Trust - Vacant land (APN 0134-101-04, 05, 06); The th Salvation Army - 746 West 5 Street (APN 0134-054-07, 08, 09), as Property Owners Under Negotiation: Purchase price, terms, and conditions 4. Properties and Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment th Agency, as Buyer and Tien Lee International - 795 West 5 Street (APN 0134- th 093-41); Sweat Patel, Premila Patel and Dashrath Patel - 755 West 5 Street th (APN 0134-093-40); Walter L. B Ammons - 723-739 West 5 Street (APN th 0134-093-07); Infinite State, Inc. - 701 West 5 Street (APN 0134-093-08, th 09); Christopher Ko, Henry Ko and Bruce Ko - 696 West 5 Street (APN 0134-061-21, 22, 25 and 30); Parlock Holdings, LLC - Vacant land (APN 0134-093-10); Protea Hotel, Inc. - 448-450 North “G” Street (APN 0134-093- th 11, 44); Raul M. Najera and Catalina A. Barrera Cantoran - 770 West 5 th Street (APN 0134-054-26); San Bernardino School Property - 673 West 5 th Street (APN 0134-101-02); Gerardo Garcia – 673 West 5 Street (APN 0134- 101-03), as Property Owners Under N egotiation: Purchase price, terms, and conditions END OF CLOSED SESSION 404/03/2006 RECONVENE MEETING – 3:00 P.M. PRESENT: _________________________________________ ABSENT: _________________________________________ 2. Appointments. A. Appointment – Council Member Baxter – San Bernardino Regional Water Resources Authority – Mayor Morris B. Appointment – Wallace Green - Civil Service Commission – Mayor Morris. C. Re-appointment – Rufus E. Roney - Animal Control Commission – Council Member Baxter D. Re-appointment – Anna Cox - Community Development Citizens Advisory Committee – Council Member Baxter E. Re-appointment – Frank E. Schnetz – Central City Parking Place Commission – Council Member Baxter F. Re-appointment – John “Jack” Joseph Cone – Community Television Commission – Council Member Baxter G. Re-appointment – Evelyn Wilson – Parks & Recreation Commission – Council Member Baxter H. Re-appointment – Jane Ann Godager – Senior Affairs Commission – Council Member Baxter I. Appointment – Jim Mulvihill – Planning Commission - Mayor Morris MOTION: That the appointment/re-appointments A-I, as requested by Mayor Morris and Council Member Baxter, 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 normal sequence on the agenda. Information concerning Consent Calendar items is available for public review. 504/03/2006 CONSENT CALENDAR MOTION: That the motions indicated by consent calendar items 5 through 19, 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 meetings of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: February 6, 2006 (Distributed on 3/13/06) March 6, 2006 (Distributed on 3/27/06) 7. Personnel Actions. MOTION: That the personnel actions, as submitted by the Chief Examiner, dated March 29, 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. City Attorney 8. 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. (No cost to the City.) MOTION: That said resolution be adopted. 604/03/2006 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. City Manager 10. A Resolution of the City Council of the City of San Bernardino authorizing the execution and delivery of the Facility Lease and the Site Lease by and between the City of San Bernardino and the California Infrastructure and Economic Development Bank and approving certain other matters in connection therewith. (See Attached) (No cost to the City in FY 2005/06; $218,300 in FY 2006/07; and approximately $1,265,000 annually for nine years.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with Communications Support Group, Inc. (CSG) to conduct a review of franchise fees and utility user taxes (UUT) paid by Charter Communications. (See Attached) (Cost to the City – Not to exceed $38,000 from the Cable TV Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $30,000 from Account No. 107-261-5011 and $8,000 from Account No. 107-261-5014 to Account No. 107-261-5002. Development Services 12. 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 no parking any time zones on the west side of Arrowhead Avenue between Fifth Street and one-hundred eighty (180) feet south of Fifth Street and on the south side of Fifth Street between “D” Street and Arrowhead Avenue. (See Attached) (Cost to the City -- $800 from the General Fund.) (Resolution not available at time of printing.) Ward 1 704/03/2006 MOTION: That said resolution be adopted. 13. Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance and street lighting assessment district located in the San Bernardino International Airport/Alliance-California area, generally north of Central rd Avenue, east of Lena Road and south of 3 Street, without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1022, Zone 1, Zone 2, and Zone 3; preliminarily approving the Engineer’s Report and giving notice of a public meeting and public hearing. (See Attached) (No cost to the City -- $6,000 processing fee paid by applicant.) (Resolution not available at time of printing.) Ward 1 MOTION: That said resolution be adopted. 14. Authorization for the Director of Development Services to execute Change Order No. Three to contract with Matich Corporation for construction of Campus Parkway – installation of a traffic signal at Kendall Drive and Campus Parkway – per Plan Nos. 10952 and 10232. (Document not available at time of printing.) MOTION #1: That the Director of Development Services or his designee be authorized to execute Change Order No. Three to contract with Matich Corporation in the amount of $330,000 for construction of Campus Parkway (SS 04-01) and installation of a traffic signal at Kendall Drive and Campus Parkway (TC 04-07) per Plan Nos. 10952 and 10232; and MOTION #2: That the Director of Development Services or his designee be authorized and directed to allocate $330,000 in the 2006/07 Capital Improvement Program Budget under Account No. 129- 367-5504-7007 to pay for the costs associated with Change Order No. Three. Fire 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to apply for and administer the FY 2006 Assistance to Firefighters Grant Program submitted to the Department of Homeland Security in the amount of $601,266. (See Attached) (Cost to the City -- $481,013 (80%) from grant funding, and $120,253 (20%) from the General Fund in FY 2006/07.) (Resolution not available at time of printing.) All Wards 804/03/2006 MOTION: That said resolution be adopted. Parks, Recreation and Community Services 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or his designee to execute Amendment No. 1 to Contract 05-689 with the County of San Bernardino for a 1 percent COLA increase to the FY 2005-2006 budget for the Head Start/Preschool Program. (Document and Resolution not available at time of printing. (Cost to the City -- $2,505 from the Federal and State Programs Fund.) All Wards MOTION: That said resolution be adopted. Police 17. Resolution of the City of San Bernardino authorizing the purchase of 13 “Pocket Citation” electronic citation writing devices from Advanced Public Safety (APS). (See Attached) (Cost to the City -- $63,134 from the Federal and State Programs Fund.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. 18. Resolution of the City of San Bernardino authorizing the execution of a Memorandum of Understanding with the Department of Justice California Armed Prohibitive Program Inland Empire Task Force. (See Attached) (No additional cost to the City.) (Resolution not available at time of printing.) All Wards MOTION: That said resolution be adopted. Public Services 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to a purchase order to County of San Bernardino Solid Waste for street sweeper dumping. (Document and Resolution not available at time of printing.) (Cost to the City -- $38,000 from the Refuse Fund.) All Wards MOTION: That said resolution be adopted. 904/03/2006 END OF CONSENT CALENDAR COMMITTEE CONSENT Recommended for approval at the Legislative Review Committee meeting on March 21, 2006 – Committee Members present: Kelley, Derry and Baxter 20. Discuss and take possible action regarding Legislative Review Committee’s recommendation to repeal the Emergency Medical Services (EMS) user fees. Recommended for approval at the Legislative Review Committee meeting on March 21, 2006 – Committee Members present: Kelley and Derry 21. 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 (Ordinance not available at time of printing.) MOTION: That said ordinance be laid over for final adoption. Recommended for approval at the Ways and Means Committee on March 22, 2006 – Committee Members present: Derry, Estrada and Johnson 22. Receive and file the Mid-Year Budget for FY 2005/06. (See Attached) MOTION: That the FY 2005-2006 Mid-Year Budget Report be received and filed. END OF COMMITTEE CONSENT PUBLIC HEARINGS City Manager CONTINUED FROM MARCH 20, 2006 TO BE HEARD AT 4:00 P.M. 23. Public hearing - to consider an ordinance establishing and modifying certain development impact fees and a resolution setting certain development impact fees. (Backup material distributed on March 20, 2006, Item No. 25.) 10 04/03/2006 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. FINAL READING (Item Continued on Next Page) 23. 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. The hearing remains open . . . MOTION: That the hearing be closed; and that said resolution and ordinance be adopted. STAFF REPORTS Council Office 24. Recovery of fees incurred by the San Bernardino Police Department for monitoring the protest rally held on March 27 and 28, 2006. (See Attached) MOTION: Discuss and take possible action. CLOSED SESSION - TO BE HEARD AT 5:30 P.M. 25. Utility Users Tax - Update by Don Maynor – Management Information Center (MIC) Room. END OF STAFF REPORTS COMMUNITY DEVELOPMENT COMMISSION Recommended for approval at the Redevelopment Committee on March 21, 2006 – Committee Members present: Estrada, McGinnis and Johnson R26. Resolution of the Community Development Commission of the City of San Bernardino approving the termination of the July 6, 1998 Agreement by and between the Agency and the City for General Counsel Legal Services by the City Attorney upon thirty (30) days written notice to the City as provided in 11 04/03/2006 Section 3(h) of the Agreement. (Document and Resolution not available at time of printing.) MOTION: That said resolution be adopted. Recommended for approval at the Redevelopment Committee on February 21, 2006 – Committee Members Present: Estrada, McGinnis and Longville TO BE HEARD AT 5:00 P.M. R27. Resolution of the Mayor and Common Council of the City of San Bernardino: 1) authorizing the reallocation of the 2004-2005 and 2005-2006 Community Development Block Grant (CDBG) funds in the amount of $1,912,784 as per Attachment I (B); and 2) approval of the amendments to the 2000-2005 and 2005-2010 Consolidated Plans and the 2004-2006 Annual Action Plans. (Document and Resolution not available at time of printing.). Mayor to open the hearing . . . MOTION: That the hearing be closed; and that said resolution be adopted. 28. 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.) 29. 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, April 17, 2006, in the Council Chambers of City Hall, 300 North “D” Street, San Bernardino, California. 12 04/03/2006 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. 13 04/03/2006