HomeMy WebLinkAbout03-03-2008 Reg. Agenda ~" Mayor Patrick J. Morris
CITY OF SAN BERNARDINO council Members:
3~~ N. "D „Street Esther Estrada
Dennis J. Baxter
San Bernardino, CA 92418 Tobin Bunker
WebSlte: WWW.SZ7Clly.Org Neil Derry
•
p Chas Kelley
San Bernardino Rikke Van Johnson
sM Wendy McCammack
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, MARCH 3, 2008 - 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 9 & 10.)
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.
1 03/03/2008
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):
Michael Desrochers and Steve Loaves v. City of San Bernardino, et al. -
United States District Court, Central District of California, EDCV 06-
1408 VAP (JCRx) and related Civil Service Board case, In re Steve
Loaves;
San Bernardino Redevelopment Agency, a Joint Powers Agency v.
William Cooper -San Bernardino Superior Court Case No. SCVSS
67622.
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:
Arrowhead Country Club Area Residents v. City of San Bernardino
Gina Meyer 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:
City of San Bernardino v. Arrowhead Country Club
D. Closed Session -personnel -pursuant to Government Code Section
54957:
Law Student Intern
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 03/03/2008
1. Continued.
G. Conference with real property negotiator -pursuant to Government Code
Section 54956.8:
Central City Redevelopment Project Area
1. Property Address: 333 N. "H" Street
APN: 0134-182-04
Negotiating Parties: Emil Marzullo, Interim Executive Director,
on behalf of the Redevelopment Agency, as
buyer, and Walter Hunt, as owner
Under Negotiation: Purchase price, terms, and conditions
Central City North Redevelopment Project Area (Downtown
Acquisition Program
2. Property Address: 701 W. 5`~ Street (Vacant building)
APN: 0134-093-08 and 09
Negotiating Parties: Emil Marzullo, Interim Executive Director,
on be half of the Redevelopment Agency,
as buyer, and Ali Salman, on behalf of
Infinite State, Inc., property owner/seller
Under Negotiation: Purchase price, terms and conditions
END OF CLOSED SESSION
3 03/03/2008
RECONVENE MEETING - 3:00 P.M.
PRESENT:
ABSENT:
Inaugural Ceremony - 3:00 p.m.
City Attorney James F. Penman
City Clerk Rachel G. Clark
City Treasurer David Kennedy
Council Member Tobin Brinker, 3Td Ward
Council Member Chas Kelley, 5`~ Ward
Council Member Rikke Van Johnson, 6`~ Ward
Council Member Wendy McCammack, 7`'' Ward
2. Appointments.
A. Raddae Chew -Youth Advisory Commission -Public Safety Academy's
Appointment. (See Attached)
B. Jimmy Seter -Youth Advisory Commission -Aquinas High School
Appointment. (See Attached)
C. Rocio Ruiz -Youth Advisory Commission -San Gorgonio High School
Appointment. (See Attached)
MOTION: That the appointments of Raddae Chew, Jimmy Seter and
Rocio Ruiz, to the Youth Advisory Commission, 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.
4 03/03/2008
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
12 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. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated February 15, 2008,
from Barbara Pachon, Director of Finance, be approved.
7. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Interim Chief
Examiner, dated February 26, 2008 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.
Development Services
8. Resolution of the Mayor and Common Council of the City of San Bernardino
rescinding Resolution No. 2007-459 and authorizing the execution of an
amendment to the agreement to form a Landscape Maintenance District between
the City of San Bernardino and SE I-215, L.P., HSB I-215, L.P., HW LIT
INTERCHANGE, LP, HILLWOOD LIT II, LP, and INTERCHANGE
DRAINAGE BASIN, LLC, for that certain real property generally located on
the west side of I-215, north of Shandin Hills Golf Course, south of University
Parkway, and east of Cajon Boulevard, in San Bernardino. (See Attached) (No
Cost to City.) Ward 6
MOTION: That said resolution be adopted.
5 03/03/2008
9. Resolution of the City of San Bernardino declaring its intention to order the
vacation of a portion of Pear Street, north of Walnut Street and east of Mount
Vernon Avenue. (See Attached) (No Cost to City.) Ward 3
MOTION: That said resolution be adopted.
10. Resolution of the City of San Bernardino declaring its intention to order the
vacation of a portion of Crescent Avenue between Huff Street and College
Drive. (See Attached) (No Cost to City.) Ward 3
MOTION: That amended Plan No. 12291A showing the area of proposed
vacation, be approved; and that said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Subdivision Tract No. 16509-7 (Unit 6 -Lots 106
through 159) located on the west side of Northpark Boulevard between
University Parkway and the Devil Creek Flood Control Channel, accepting the
public dedications as set forth on said maps; and authorizing execution of the
standard form of agreement for the improvements in said subdivisions, with
time for performance specified. (See Attached) (No Cost to City.) Ward 5
MOTION: That said resolution be adopted.
12. Item Deleted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Ways and Means Committee meeting of
February 20, 2008 -- Committee Members Present: Derry, Estrada, &
Johnson
13. Request for waiver of fees for Berdoo Bikes and Blues Rendezvous event
scheduled for May 2-3, 2008. (See Attached) (Cost to City - $49,000 to be
absorbed by Police Department Budget.) Ward 1
(Item Continued on Next Page)
6 03/03/2008
13. Continued.
MOTION: That the request for a waiver of fees in the amount of $49,000 for
Police Department fees for personnel and equipment costs
associated with the "Berdoo Bikes & Blues Rendezvous"
scheduled for May 2-3, 2008, be approved.
END OF COMMITTEE CONSENT
14. Item Deleted.
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M
Development Services
15. Public hearing -resolution approving the annexation, resolution calling the
special election and resolution certifying the results of an election relative to
Community Facilities District No. 1033, Annexation No. 5 for property
consisting of a residential development located at Belmont Avenue and Olive
Avenue -Tentative Tract No. 17396. (See Attached) (No cost to the City.)
Ward 5
A. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the annexation of territory generally
located southerly of Belmont Avenue, easterly of Olive Avenue
(Annexation No.S) to Community Facilities District No. 1033 and
authorizing the levy of a special tax and submitting the levy of tax to the
qualified electors.
B. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, calling a special election and submitting to the
voters of Annexation No. 5, generally located southerly of Belmont
Avenue, easterly of Olive Avenue, of City of San Bernardino
Community Facilities District No. 1033 propositions regarding the
annual levy of special taxes within Annexation No. 5 and the
establishment of an appropriations limit.
C. A Resolution of the Mayor and Common Council of the City of San
Bernardino, California, making certain findings, certifying the results of
an election and adding property to Community Facilities District No.
1033, Annexation No. 5, generally located southerly of Belmont
Avenue, easterly of Olive Avenue.
(Item Continued on Next Page)
7 03/03/2008
15. Continued.
Mayor to open the hearing .
MOTION: That the hearing be closed; and that said resolutions A-C,
be adopted.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM FEBRUARY 19, 2008
Recommended for approval at the Ways and Means Committee meeting of
February 13, 2008 -- Committee Members Present: Derry & Johnson
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of an agreement with the San Bernardino Downtown
Rotary Club for financial assistance from the Civic and Promotion Fund FY
2007/08. (Backup material was distributed on February 19, 2008, Item No.
24.) (Cost to City $5,000 direct; $9,688.64 indirect from the Civic and
Promotion Fund.) Ward 1
MOTION: That said resolution be adopted; that funding be authorized in the
amount of $5,000 and indirect funding in the amount of
$9,688.64 be transferred from the FY 2007/08 Civic and
Promotion Fund into the Police Department account as listed in
the Staff Report dated January 13, 2008 from City Manager Fred
Wilson; and authorize a waiver of fees and use of City personnel
and equipment to assist with the Earth Day Fair & Expo 2008
scheduled for Apri125 & 26, 2008.
CONTINUED FROM FEBRUARY 19, 2008
Mayor's Office
17. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the submittal of a grant application to the David and Lucille Packard
Foundation, and authorizing the City Manager or his designee to execute grant
documents. (Backup material was distributed on February 19, 2008, Item
No. 15.) (No cost to City.) (Resolution not available at time of printing.)
All Wards
MOTION: That said resolution be adopted.
END OF CONTINUED ITEMS
8 03/03/2008
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee Meeting on
July 19, 2007-- Committee Members Present: Estrada, Baxter & Johnson
TO BE HEARD AT 4:30 P.M.
CONTINUED FROM FEBRUARY 19, 2008
R18. Joint Public Hearing -TELACU Housing -San Bernardino IV, Inc., 2008
HOME Funds Loan and Grant Development Agreement (IVDA Redevelopment
Project Area). (Document not available at time of printing.) Ward 4
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving 1) an amendment to the City's 2005-2010 Five-
Year Consolidated Plan and the 2007-2008 Annual Action Plan, and 2)
the allocation of $3.2 million in Federal HOME CHDO Grant Funds to
TELACU Housing -San Bernardino IV, Inc., a California non-profit
public benefit corporation ("Developer") (IVDA Redevelopment Project
Area). (Resolution not available a time of printing.)
(Community Development Commission)
B. 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 2008 HOME Funds Loan and Grant
Development Agreement by and between the Agency and TELACU
Housing - San Bernardino IV, Inc., a California non-profit public
benefit corporation ("Developer") (IVDA Redevelopment Project Area).
(Resolution not available at time of printing.)
The hearing remains open .
MOTION: That the hearing be closed; and that said resolutions A&B,
be adopted.
Recommended for approval at the Redevelopment Committee meeting on
January 24, 2008 - Committee Members Present: Estrada, Baxter &
Johnson
R19. Shandin Hills Golf Course -Consent to Assignment of Lease to CNL Income
EAGL Leasehold Golf, LLC (State College Redevelopment Project Area). (See
Attached) Wards 5&6
(Item Continued on Next Page)
9 03/03/2008
R19. Continued.
Resolution of the Community Development Commission of the City of San
Bernardino approving the assignment of the 1985 Shandin Hills Golf Club Lease
along with its amendments, from Shandin Hills Golf Club, a California
corporation, to CNL Income EAGL Leasehold Golf, LLC, a Delaware limited
liability company, and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute (1)
the Consent to Assignment of Lease and Sublease, Assumption of Lease
Obligations and Release; (2) the Estoppel Certificate; (3) the Memorandum of
Understanding; and (4) the Memorandum of Lease (State College
Redevelopment Project Area).
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
20. PUBLIC COMMENTS ON ITEMS NOT ON THE AGENDA: Athree-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.)
21. 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, March 17, 2008, in the Council Chambers, 300 North
"D" Street, San Bernardino, California.
10 03/03/2008
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.
ll 03/03/2008