HomeMy WebLinkAbout01-23-2006 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 23,2006 -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.
CLOSED SESSION
1. Pursuant to Government Code Section(s):
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01/23/2006
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):
Abdullah, et al. v. City of San Bernardino and San Bernardino Valley
Municipal Water District - San Bernardino Superior Court Case No.
SCVSS 126706;
Adams v. City of San Bernardino and San Bernardino Valley Municipal
Water District - San Bernardino Superior Court Case No. SCVSS
126708;
In Re: Bankruptcy of Adelphia Communications Corporation - United
States Bankruptcy Court, Southern District of New York Case No. 02-
41724;
San Bernardino City Unified School District v. Oscar A. Sandoval, et al.
- San Bernardino Superior Court Case No. SCVSS 117009.
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:
Traffic Signal issue
Police Department Personnel issue
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision @ of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
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.
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(Item Continued on Next Page)
1. Continued.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City East Redevelopment Project Area
1.
Properties:
Vacant land
APN: 0135-191-11 and 15
Negotiating Parties: Maggie Pacheco, Interim Executive
Director, on behalf of the Redevelopment
Agency, as property owner, and Waterman
Holdings, LLC, as buyer
Under Negotiation: Purchase price, terms, and conditions
2.
Properties:
Vacant land
APN: 0135-142-19
Negotiating Parties: Maggie Pacheco, Interim Executive
Director, on behalf of the Redevelopment
Agency, as owner/seller, and ANR
Industries, Inc., as buyer
Under Negotiation: Purchase prices, terms, and conditions
3.
Properties:
Vacant land
APN: 0151-241-16 and 19
Negotiating Parties: Stacey Aldstadt, General Manager, on
behalf of the City of San Bernardino Water
Department, as owner/seller, and Maggie
Pacheco, Interim Executive Director, on
behalf of the Redevelopment Agency, as
buyer
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. Planning Commission - George Rawls - Council Member Johnson. (See
Attached)
B. Senior Affairs Commission - Catherine Hall - Council Member
Johnson. (See Attached)
MOTION: That the appointments of George Rawls and Catherine
Hall, as requested by Council Member Johnson, be
approved.
3. Presentations.
A. 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
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
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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 on the memorandum dated January 17, 2006,
from Barbara Pachon, Director of Finance, be approved.
7. Personnel Actions.
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated January 18, 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
8. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement with the City of San Bernardino and
the San Bernardino Black Culture Foundation for financial assistance from the
Civic and Promotion Fund for FY 2005/06. (See Attached) (Cost to the City -
- $4,500 in direct funding, and $16,914 in indirect funding from the General
Fund.) (Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted; that the Mayor and Common
Council approve direct funding in the amount of $4,500 and
indirect funding in the amount of $16,914 be transferred from the
2005/06 Civic and Promotion fund to various city departmental
accounts as listed in the staff report dated December 20, 2005,
from Fred Wilson, City Administrator; and that a waiver of fees
and use of city personnel and equipment be authorized to assist in
the 2006 Black History Parade scheduled for February 4, 2006.
City Attorney
9. 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)
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MOTION: That said resolution be adopted.
10. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Ariasaaen and the City of San Bernardino to represent the City in the case of
Frank Ingram, III, Felicia Stansbury v. City of San Bernardino, Chief Garrett
Zimmon, Sergeant Baker, Officer Dave Green, et al. - United States District
Court Case No. EDCV 05-00925 YAP (SGLx). (See Attached)
MOTION: That said resolution be adopted.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Mundell, Odium & Haws and the City of San Bernardino for the purpose of
conducting a personnel investigation. (See Attached)
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 Mayor and Common Council of the City of San Bernardino
approving the Final Map for Tract Map No. 15228, located at the southeast
corner of Magnolia and Ohio Avenues 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
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MOTION: That said resolution be adopted.
14. Resolutions awarding Contracts - various Landscape Maintenance Assessment
Districts (Areas "A", "B", and "C"). (See Attached) (Cost to the City --
$1,722 from the General Fund; $321,521 funded by various Assessment
Districts.) Wards 4&5
A. Resolution of the City of San Bernardino awarding a contract to Golden
West Landscape Contractor for the maintenance of landscaping in
Assessment District Nos. 976, 991, 997, 1017, 1025, 1028, 1030, 1031,
1032, 1035 Zone 1 & Zone 2, 1037, 1039, 1043 Zone 1 & Zone 2 (Area
"A"). (Resolution not available at time of printing.)
B. Resolution of the City of San Bernardino awarding a contract to Golden
West Landscape Contractor for the maintenance of landscaping in
Assessment District Nos. 951, 952, 1002, 1019, 1040 & 1046 (Area
"B"). (Resolution not available at time of printing.)
C. Resolution of the City of San Bernardino awarding a contract to Golden
West Landscape Contractor for the maintenance of landscaping in
Assessment District No. 959 (Area "C"). (Resolution not available at
time of printing.)
MOTION: That said resolutions A-C, be adopted.
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Master Agreement Administering Agency - State
Agreement for State Funded Projects - between the City of San Bernardino and
the State of California, and authorizing the City Administrator to execute
Program Supplemental Agreements to the Master Agreement with the California
Department of Transportation. (See Attached) (Resolution not available at
time of printing.) All Wards
MOTION: That said resolution be adopted.
16. Item Deleted.
Public Services
17. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Guzman Construction Co. for
repair of sidewalks, curbs, gutters, and cross gutters at various locations
throughout the City of San Bernardino. (See Attached) (Cost to the City --
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$100,000 from the General fund, and $37,600 from the lIz Cent Sales and
Road Tax Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Road Works, Inc. for crack-
sealing services throughout the City of San Bernardino. (See Attached) (Cost to
the City -- $50,000 from the Gas Tax Fund.) (Resolution not available at
time of printing.) All Wards
MOTION: That said resolution be adopted.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
increasing a purchase order for Inland Presort and Mailing Services. (See
Attached) (Cost to the City -- $22,962 from the Refuse 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 January 17, 2006 meetin~ of the Grants
Ad Hoc Committee - Members present: Estrada and Lon~ville
Police
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the ratification of the submittal of a grant application by the Police
Department for the California Seat Belt Compliance campaign from the State of
California Office of Traffic Safety in the amount of $50,692.85. (See Attached)
(No matching funds required.) (Resolution not available at time of
printing.) All Wards
MOTION: That said resolution be adopted.
21. Resolution of the City of San Bernardino authorizing the Police Department to
submit a Selective Traffic Enforcement Program (STEP) grant application to the
California Office of Traffic Safety (OTS). (See Attached) (Resolution not
available at time of printing.) All Wards
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MOTION: That said resolution be adopted.
Recommended for approval at the January 17, 2006 Personnel Committee
meetin~ - Committee Members Present McGinnis and Lon~ville
22. Reclassify the position of Secretary to Administrative Analyst II in the Code
Compliance Department. (See Attached)
MOTION #1: That the Mayor and Common Council reclassify the position of
Secretary, Range 1350, $2,543-$3,092 per month, to the position
of Administrative Analyst II, Range 4459, $4,380-$5,324 per
month; and
MOTION #2: That the Human Resources Department be authorized to update
Resolution Nos. 6413 and 97-244 to reflect these actions.
23. Reclassify the positions of Benefits Coordinator and Personnel Clerk II in the
Human Resources Department. (See Attached)
MOTION #1:That the Mayor and Common Council reclassify the position of
Benefits Coordinator, Range 4467, $4,559-$5,5411month, to
Human Resources Analyst, Range 3467, $4,559-$5,5411month;
and
MOTION #2: That the Mayor and Common Council reclassify the position of
Personnel Clerk II, Range 1342, $2,444-$2,9711month, to
Human Resources Technician, Range 1362, $2,700-
$3,282/month; and
MOTION #3: That the Human Resources Department be authorized to update
Resolution Nos. 6413 and 97-244 to reflect these actions.
24. Item Deleted.
END OF COMMITTEE CONSENT
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PUBLIC HEARINGS
Public hearings scheduled for a specific time may be heard at that
time or any time thereafter.
TO BE HEARD AT 4:00 P.M.
Development Services
25. Public hearing - resolution ordering work - Northpark Boulevard and Northstar
Avenue Landscape Maintenance Assessment District No. 1046 - Tract No.
16865. (See Attached) (No cost to the City -- $4,000 processing fee paid by
applicant.) Ward 5
Resolution of the City of San Bernardino finding and determining the existence
of less than a majority protest, that ballots submitted in favor of the assessment
exceed the ballots submitted in opposition to the assessment and that the public
convenience and necessity require the maintenance of landscaping in the area of
Northpark Boulevard and Northstar Avenue, approving the Final Engineer's
Report, creating an assessment district to cover the costs of said maintenance,
known as Assessment District No. 1046, ordering the work, confirming the
2006-2007 Assessment Roll, and determining that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 shall not apply.
(Resolution not available at time of printing.)
Mayor to open the hearing . . .
MOTION: That the public hearing be closed; and that said resolution be
adopted.
END OF PUBLIC HEARINGS
STAFF REPORTS
Council Office
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26. 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 four way stop at the intersection of
California Street and Sixteenth Street. (See Attached)
MOTION: That said resolution be adopted.
27. Resolution of the City of San Bernardino adopting an updated Non-
Discrimination/Workplace Harassment Policy for said City and Repealing
Resolution No. 95-154. (Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
COMMITTEE CONSENT CALENDAR
MOTION: That the motions indicated by committee consent calendar items
R28 through R30, be adopted except for _, and _'
COMMITTEE CONSENT CALENDAR
Recommended for approval at the Redevelopment Committee on January
10, 2006 - Committee Members Present: Estrada, McGinnis and Lon~ville
R28. 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 a
Professional Services Agreement by and between the Agency and Shober
Consulting, Inc. for the preparation of a Relocation Plan and Relocation
Services (Meadowbrook Neighborhood Restoration Area). (Document and
Resolution not available at time of printing.)
MOTION: That said resolution be adopted.
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R29. Resolution of the Community Development Commission of the City of San
Bernardino approving the Relocation Plan for residents residing in the Agency
property located at 745 West 5th Street, San Bernardino, California (Central City
North 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 meetin~ on
December 20, 2005 - Committee Members present: Estrada and McGinnis
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
with DuBois Insurance Agency ("Developer") - Central City North
Redevelopment Project Area. (Document and Resolution not available at
time of printing.)
MOTION: That said resolution be adopted.
END OF COMMITTEE CONSENT CALENDAR
Recommended for approval at the Redevelopment Committee meetin~ on
November 22, 2005 - Committee Members Present: Estrada and Lon~ville
TO BE HEARD AT 4:00 P.M.
R31. Public hearing - 2006 HOME Program Development Agreement with Habitat
for Humanity, San Bernardino Area, Inc. (See Attached)
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 2006 HOME Program Development Agreement ("2006 HOME
Agreement") by and between the Agency and Habitat for Humanity, San
Bernardino Area, Inc., a California non-profit corporation.
Mayor to open the hearing . . .
MOTION: That the hearing be closed; that the Mayor and Common Council
of the City of San Bernardino approve an Amendment to the
2005- 201 0 Five-Year Consolidated Plan and the 2005- 2006
Action Plan authorizing $80,000 in HOME Partnership Program-
Community Housing Development Organization (CHDO) funds
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to Habitat for Humanity, San Bernardino Area, Inc., a California
non-profit corporation; and that said resolution be adopted.
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.
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, February 6, 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,
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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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