HomeMy WebLinkAbout08-07-2006 Reg. Agenda
Mayor Patrick J. Morris
CITY OF SAN BERNARDINO
Council Members:
Esther Estrada
300 N. “D” Street
Dennis J. Baxter
San Bernardino, CA 92418
Vacant
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, AUGUST 7, 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.
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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):
San Bernardino City Professional Firefighters Union, Local 891, and
Richard Lewis v. Larry Pitzer, et al. – United States District Court Case
No. EDCV 00473-VAP (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:
Howard Jarvis Taxpayers Association et al. v City of San
Bernardino
Simental 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:
Declaratory Relief Action - City of San Bernardino v. Howard
Jarvis Taxpayers Association
City of San Bernardino v. Simental
D. Closed Session – personnel – pursuant to Government Code Section
54957:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization(s):
San Bernardino Police Officers Association
Mid-Management
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(Item Continued on Next Page)
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.
G. Conference with real property negotiator – pursuant to Government Code
Section 54956.8.
Central City North Redevelopment Project Area
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1. Property Address: 746 West 5 Street
APN: 0134-054-07, 08 and 09
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Major Fritz on behalf of the
Salvation Army, property owner/seller
Under Negotiation: Purchase price, terms and conditions
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2. Property Address: 770 West 5 Street
APN: 0134-054-26
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Raul M. Najera and Catalina A.
Barrera Cantoran, property owner/sellers
Under Negotiation: Purchase price, terms and conditions
Central City East Redevelopment Project Area
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3. Property Address: 247 West 3 Street, San Bernardino
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
property owner/seller and the County of
San Bernardino/State of California, as
buyer
Under Negotiation: Purchase price, terms and conditions
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(Item Continued on Next Page)
1. Continued.
Uptown Redevelopment Project Area
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4. Property Address: 1108 West 2 Street
APN: 0138-301-07
Negotiating Parties: Maggie Pacheco, Executive Director on
behald of the Redevelopment Agency, as
buyer, and Marlene Belichefsky as trustee,
Belichefsky Children Family Trust,
property owner/seller
Under Negotiation: Purchase price, terms and conditions.
END OF CLOSED SESSION
08/07/2006
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RECONVENE MEETING – 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
A. Reappointment – Evelyn Alexander – Board of Police Commissioners –
Mayor Morris. (See Attached)
MOTION: That the reappointment of Evelyn Alexander to the Board
of Police Commissioners, as requested by Mayor Morris,
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.
MOTION: That the minutes of the following meeting(s) of the Mayor and
Common Council/Community Development Commission be
approved as submitted in typewritten form:
June 19, 2006 (Distributed 7/31/06)
June 29, 2006 (Distributed 7/31/06)
7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated July 24, 2006, from
Barbara Pachon, Director of Finance, be approved.
8. Personnel Actions. (See Attached)
MOTION: That the personnel actions, as submitted by the Chief Examiner,
dated July 31, 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 Clerk
9. Designation of Voting Delegate for the League of California Cities Annual
Conference to be held September 6-9, 2006, in San Diego, California. (See
Attached) (No cost to the City for this action.)
MOTION: That Council Member Derry be designated as the City of San
Bernardino’s voting representative for the League of California
Cities Annual Conference to be held September 6-9, 2006, in San
Diego, California.
Code Compliance
10. Resolution of the City of San Bernardino authorizing execution of a Standard
Contract Agreement with Los Padrinos, Youth Services Inc., a non-profit
organization. (See Attached) (Resolution not available at time of printing.)
(Cost to the City -- $70,000 [$35,000 from CDBG funds and $35,000 from
the General Fund].) All Wards
MOTION: That said resolution be adopted.
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Development Services
11. Resolution of the City of San Bernardino establishing and setting a fair market
value and sales price of $10,400.00 and declaring the intention of the City to
sell a portion of City owned property generally located northeasterly of Scenic
Drive, easterly of Valley View Drive, to the State of California relative to the
widening of the I-215 Freeway and setting a public hearing to consider said sale.
(See Attached) (No cost to the City.) (Resolution not available at time of
printing.) Ward 3
MOTION: That the Director of Development Services be authorized to
proceed with the sale of a portion of City owned real property
located generally northeasterly of Scenic Drive, easterly of Valley
View Drive; and that said resolution be adopted.
12. Authorization to proceed and approval of Plan No. 11813 – proposed vacation
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of a portion of “I” Street, northerly of 13 Street and a portion of 13 Street
westerly of “I” Street. (See Attached) (No cost to the City -- $1,200
processing fee to be paid by applicant.) Ward 1
MOTION #1: That the Director of Development Services and the City Clerk be
authorized to proceed with the proposed vacation of a portion of
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“I” Street, northerly of 13 Street and a portion of 13 Street
westerly of “I” Street; and
MOTION #2: That Plan No. 11813 showing the proposed vacation of a portion
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of “I” Street, northerly of 13 Street and a portion of 13 Street
westerly of “I” Street, be approved.
13. Determination of Public Convenience or Necessity for a Type 20 (off-sale beer
& wine) ABC License for a service station convenience store located at the
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northwest corner of 5 Street and Mt. Vernon Avenue. (See Attached) (No
cost to the City.) Ward 1
MOTION: That the Mayor and Common Council determine that the public
convenience or necessity would be served by the issuance of the
license and direct the Development Services Department to send a
letter to the Department of Alcoholic Beverage Control to support
a Type 20 (off-sale beer and wine) ABC License for a service
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station convenience store located at the northwest corner of 5
Street and Mt. Vernon Avenue.
Finance
14. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain records by the Director of Finance. (See
Attached) (No cost to the City.)
MOTION: That said resolution be adopted.
Fire
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of Finance or designee to issue an annual purchase
order to Y Tire Sales, Inc. in the amount of $40,000 for tires and retreading
services. (See Attached) (Cost to the City -- $40,000 from the General
Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
Mayor’s Office
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute an Agreement with the San Bernardino
Symphony Orchestra for the promotion of arts and culture. (See Attached)
(Cost to the City -- $70,000 from the General Fund.)
MOTION: That said resolution be adopted.
17. Authorization to proceed – proposed street name change of State Street to
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University Parkway, south of Highland Avenue to 5 Street and setting a public
hearing for August 21, 2006, at 4:00 p.m. (See Attached) (No cost to the
City.) Ward 6
MOTION: That the Director of Development Services be authorized to
proceed with the street name change from State Street (previously
designated pursuant to Resolution No. 2003-193 to become Norm
Johnson Way upon completion of street construction) to
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University Parkway, south of Highland Avenue to 5 Street, and
that a public hearing to consider the matter be set for August 21,
2006, at 4:00 p.m.
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Parks, Recreation & Community Services
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Director of the Parks, Recreation and Community Services
Department to execute an Amendment to an Agreement with the San Bernardino
City Unified School District to extend the term of the Agreement from July 1,
2006 through September 30, 2006, to provide contractual services for seventeen
(17) CAPS before and after-school recreation programs at school district sites.
(See Attached) (Revenue to the City -- $110,494 from the Federal and State
Programs Fund.) (Resolution not available at time of printing.) All Wards
MOTION: That said resolution be adopted.
19. Resolution authorizing the Mayor to execute Amendment No. 2 to the Services
Agreement between the City of San Bernardino and New Hope Missionary
Baptist Church to provide community services at the New Hope Family Life
Center. (See Attached) (Cost to the City -- $37,800 from the General Fund.)
(Resolution not available at time of printing.) Ward 6
MOTION: That said resolution be adopted.
Public Services
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to a purchase order with Matich Corporation for asphalt
paving services. (See Attached) (Cost to the City – $112,320 [all but $7,020
will be reimbursed by Federal and State Emergency Management funds.)
(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 Ways and Means Committee meeting on
July 26, 2006 – Members present: Derry, Estrada & Johnson
City Manager
21. Set a public hearing for August 21, 2006, to consider setting various fees.
MOTION: That the Mayor and Common Council set a public hearing for
Monday, August 21, 2006, at 4:00 p.m. in the City Hall Council
Chambers to consider setting various fees.
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Recommended for approval at the Personnel Committee meeting on July 27,
2006 – Members present: McGinnis & McCammack
Human Resources
22. Resolution of the City of San Bernardino awarding a Service Agreement and an
Annual Purchase Order in an amount not to exceed $35,000 to Pacificare/United
Behavioral Health. (See Attached) (Cost to the City – Not to exceed $35,000
from the Workers Compensation Fund.) (Resolution not available at time
of printing.)
MOTION: That said resolution be adopted.
23. Resolution of the City of San Bernardino awarding a Service Agreement to The
Counseling Team International, in an amount not to exceed $20,000. (See
Attached) (Cost to the City – Not to exceed $37,225 from the Workers
Compensation Fund.) (Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to pay The Counseling Team International $17,225
from available funds in FY 2005/06 contractual services, Account
No. 678-452-5502.
END OF COMMITTEE CONSENT
STAFF REPORTS
Council Office
24. Legislative Update.
Development Services
25. Resolution of the Mayor and Common Council of the City of San Bernardino
adopting the Fiscal Year 2006/2007 through 2010/2011 Capital Improvement
Program. (Document and Resolution not available at time of printing.)
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the FY 2006/07 budget to incorporate the
completed FY 2006/07 Capital Improvement Program (CIP) into
the final FY 2006/07 budget.
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END OF STAFF REPORTS
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COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meeting on
July 18, 2006 – Committee Members Present: Estrada & McGinnis
TO BE HEARD AT 4:30 P.M.
R26. Public hearing – Approve and authorize Community Development Block Grant
(CDBG) Funds for the Operation Phoenix Summer Youth Work Program. (See
Attached) (Cost to the City - $35,000 from CDBG Funds.) Wards 2,6,&7
Mayor to open the hearing . . .
MOTION: That the hearing be closed; and that the Mayor and Common
Council of the City of San Bernardino approve and authorize
$35,000 of Unappropriated/Program Income Community
Development Block Grant Funds (CDBG) to the “at-risk”
Summer Youth Program to be administered by the City, and
authorize amendments to the 2006/2007 Annual Action Plan and
2005-2010 Five-Year Consolidated Plan.
Recommended for approval at the Redevelopment Committee meeting on
July 18, 2006 – Committee Members Present: Estrada & McGinnis
R27. Resolution of the Community Development Commission of the City of San
Bernardino, California, establishing limits as to the number of meetings per
month for which compensation may be received by the Community
Development Commission members. (See Attached) (No additional cost to
the Agency.)
MOTION: That said resolution be adopted.
Recommended for approval at the Redevelopment Committee meeting on
July 18, 2006 – Committee Members Present: Estrada & McGinnis
R28. Resolution of the Community Development Commission of the City of San
Bernardino, California, approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to execute
the Agreement for Auditing Services by and between the Agency and Rogers,
Anderson, Malody and Scott, L.L.P., to perform financial audit services for the
agency. (See Attached) (Cost to the Agency - $35,000.)
MOTION: That said resolution be adopted.
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Recommended for approval at the Redevelopment Committee meeting on
July 18, 2006 – Committee Members Present: Estrada & McGinnis
R29. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino (“Agency”) to execute
Amendment No. 1 to the January 9, 2006 Rehabilitation Grant Agreement by
and between the Agency and the San Bernardino Historical and Pioneer Society
(“Grantee”) (Heritage House Museum at 792 North “D” Street – Central City
North Redevelopment Project Area). Ward 1
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
30. 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.)
31. 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, August 21, 2006, in the Council Chambers of City Hall, 300 North
“D” Street, San Bernardino, California.
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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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