HomeMy WebLinkAbout01-09-2006 Reg. Agenda
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Judith Valles
Council Members:
Esther Estrada
Susan Longville
Gordon McGinnis
Neil Derry
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, JANUARY 9,2006 - 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 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.
CLOSED SESSION
1. Pursuant to Government Code Section(s):
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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):
Center for Biological Diversity v. City, et al., American Development
Group Inc., Real Party in Interest - San Bernardino Superior Court Case
No. SCVSS 132463;
Ingram v. City of San Bernardino - United States District Court Case
No. CV 05-00-25 (SGLx);
City of San Bernardino v. Valerie Pope-Ludlam, et al. - San Bernardino
Superior Court Case No. SCVSS 108965;
City of San Bernardino v. United States of America, Department of the
Army, et al. - USDA Case No. CV 96-5205 MRP (JGx) consolidated
with USDA Case No. CV 96-8867 (JGx);
In Re: Bankruptcy of Adelphia Communications Corporation - United
States Bankruptcy Court, Southern District of New York Case No. 02-
41724;
Kenneth Brown v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 107526.
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:
Police Department personnel issue
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.
(Item Continued on Next Page)
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1. Continued.
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:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organizations:
San Bernardino Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
IVDA Redevelopment Project Area (Meadowbrook Project)
1. Properties: 155 East 2nd Street (APN: 0135-291-10), 188
North Allen Street (APN: 0135-291-17), 174
North Allen Street (APN: 0135-291-18), 168
North Allen Street (APN: 0135-291-19), 192 East
King Street (APN: 0135-291-21), 186 East King
Street (APN: 0135-291-22), 199 East King Street
(APN: 0135-292-14), 140 North Allen Street
(APN: 0135-292-15)
Negotiating Parties: Maggie Pacheco, Interim Executive
Director, on behalf of the Redevelopment
Agency and the San Bernardino City
Housing Authority, and Meadowbrook Park
Homes, Inc., as Property Owners
Under Negotiation: Purchase price, terms, and conditions
END OF CLOSED SESSION
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RECONVENE MEETING - 3:00 P.M.
PRESENT:
ABSENT:
INVOCATION:
PLEDGE:
2. Appointments.
A. Civil Service Board - Dennis Reichardt - Mayor Valles.
MOTION: That the appointment of Dennis Reichardt to the Civil Service
Board, as requested by Mayor Valles, 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.
CONSENT CALENDAR
MOTION: That the motions indicated by consent calendar items 5 through
20, 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.
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6.
Council Minutes
(See Attached)
MOTION: That the minutes of the following meetings 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:
November 1, 2005
November 7, 2005
November 21,2005
(Distributed on 1/5/06)
(Distributed 12/27/05)
(Distributed 12/27/05)
7.
Claims and Payroll.
(See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed on the memorandum dated January 3, 2006,
from Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated January 3, 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 Administrator
9. Resolution of the Mayor and Common Council of the City of San Bernardino
granting an extension of the Cable Franchises with Adelphia Communications,
Charter Communications, and Mountain Shadows Cable. (See Attached)
(Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
10. Resolutions conditionally authorizing the assignment of a Cable Television
Franchise by Adelphia Cablevision to Time Warner Cable. (See Attached)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino conditionally authorizing the assignment of a Cable
Television Franchise by Adelphia Cablevision of Inland Empire, LLC to
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01/09/2006
Time Warner NY Cable, LLC, an indirect subsidiary of Time Warner
Cable Inc. (Resolution not available at time of printing.)
10. Continued.
B. Resolution of the Mayor and Common Council of the City of San
Bernardino conditionally authorizing (1) a transfer of control of the
Cable Television Franchise from Adelphia Communications Corporation
to Comcast Cable Holdings, LLC; (2) an assignment of the Cable
Holdings, LLC, to CAC Exchange I, LLC; and (3) a transfer of control
of CAC Exchange I, LLC from Comcast Corporation to Time Warner
Cable Inc. (Resolution not available at time of printing.)
MOTION: That said resolutions A&B, 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.
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.
13. Item Deleted.
Development Services
14. Resolution of the City of San Bernardino making application to the Local
Agency Formation Commission of the County of San Bernardino for annexation
to the City of San Bernardino of unincorporated territory, generally located
north of Highland Avenue, east of Golden Avenue, to be known as Annexation
No. 359. (See Attached) (Cost to the City -- $750 initial deposit for filing
fee.) (Resolution not available at time of printing.) Ward 7
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MOTION: That said resolution be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Final Map for Tract Map No. 16795, located between Belmont
and Ohio Avenues, west of the vacated Chestnut Avenue in the RL, Residential
Low land use district, accepting the public dedications as set forth on said map;
and authorizing execution of the standard form of agreement for the
improvements in said subdivision, with time for performance specified. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.) Ward 5
MOTION: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a Standard Contract with the County of San
Bernardino, the City of Redlands, the City of Highland and Inland Valley
Development Agency (IVDA) to construct culverts at Alabama Street and City
Creek. (See Attached) (Cost to the City -- $33,800 from the Storm Drain
Construction Fund.) (Resolution not available at time of printing.)
Ward 1
MOTION: That the Director of Finance be authorized to amend the FY
2005-06 budget by increasing revenue Account No. 248-000-4658
by $33,800, with a corresponding increase of $33,800 to expense
Account No. 248-368-5504-7517; and that said resolution be
adopted.
Fire
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino to renew the Lease Agreement with the
San Bernardino International Airport Authority to provide aircraft rescue and
fire fighting services at the San Bernardino International Airport. (See
Attached) (Cost to the City -- $1.00 per year.) All Wards
MOTION: That said resolution be adopted.
Human Resources
18. Resolution of the City of San Bernardino amending Resolution No. 6429,
entitled in part "A Resolution ... establishing a basic compensation plan for
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01/09/2006
officers and! or employees of the Police and Fire Departments of the City of San
Bernardino. (See Attached) (No cost to the City.) (Resolution not available
at time of printing.)
MOTION: That said resolution be adopted.
Parks, Recreation &Community Services
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute Second Amendment to extend
the Agreement for Use of Facilities (Adult School) between the City of San
Bernardino and the San Bernardino City Unified School District. (See
Attached) (No cost to the City.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
Public Services
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Fairview Ford for the purchase
of a 2006 F-250 4WD crew cab pick up truck, to be utilized by the Police
Department. (See Attached) (Cost to the City - $25,863.36) (Resolution not
available at time of printing.)
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the December 13, 2005 meetin~ of the Grants
Ad Hoc Committee - Members present: McCammack and Estrada
Fire
21. 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 2007 Office of Traffic Safety (OTS) grant to be submitted to the
State of California Business, Transportation and Housing Agency in the amount
of $116,000. (See Attached) (No cost to the City.) (Resolution not available
at time of printing.) All Wards
MOTION: That said resolution be adopted.
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END OF COMMITTEE CONSENT
PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
Development Services
22. Public Meeting regarding formation of a landscape maintenance assessment
district in the Northpark Boulevard and Northstar Avenue area (AD 1046 -
Tract No. 16865) (See Attached) Ward 5
Mayor to open the meeting. . .
MOTION: That the public meeting relative to the formation of the Northpark
Boulevard and Northstar Avenue Landscape Maintenance
Assessment District No. 1046 be closed, and protests and ballots,
if any, be carried over to the public hearing on January 23, 2006,
at 4:00 p.m.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM DECEMBER 19, 2005
23. Discussion concerning development impact fees. (Backup material was
distributed on November 21, 2005, Item No. 27; item was continued to
December 5, 2005, at 12 noon, Item No.1; item was continued to December
19, 2005, Item No. 30.)
MOTION: That staff be directed to work with the Council members
regarding their specific development fee impact adjustment
concerns, and that staff move forward to prepare the necessary
resolutions and ordinances. (Note: This motion does not
authorize the maximum fees specified in the consultant's report.)
END OF CONTINUED ITEMS
STAFF REPORTS
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TO BE HEARD AT 5:00 P.M.
24. Workshop to discuss state and federal legislative issues with Chuck Bader of
CWB Consulting and Letitia White of Copeland, Lowery, Jacquez, and White -
Economic Development Agency Boardroom. (No cost to the City for this
action.)
Heard at the Special Ways and Means Committee meetin~ on January 3,
2006 - Members present: McCammack, Estrada and Derry
TO BE HEARD AT 5:00 P.M.
25. Workshop - to discuss and take possible action regarding adding Police Officer
positions and the FY 200512006 budget - Economic Development Agency
Boardroom.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meetin~ on
December 20, 2005 - Committee Members Present: Estrada and McGinnis
R26. 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
Rehabilitation Grant Agreement by and between the Agency and the San
Bernardino Historical and Pioneer Society ("Grantee") for the Heritage House
Museum at 792 North "D" Street, San Bernardino (Central City North
Redevelopment Project Area) (Document and Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
27. 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.)
28. Adjournment.
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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, January 23, 2006, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
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.
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