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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): 1 01/09/2006 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): 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) 2 01/09/2006 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 3 01/09/2006 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. 4 01/09/2006 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 5 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 6 01/09/2006 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 7 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. 8 01/09/2006 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 9 01/09/2006 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. 10 01/09/2006 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. 11 01/09/2006