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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): 1 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. 2 01/23/2006 (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 3 01/23/2006 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 4 01/23/2006 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) 5 01/23/2006 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 6 01/23/2006 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 -- 7 01/23/2006 $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 8 01/23/2006 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 9 01/23/2006 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 10 01/23/2006 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. 11 01/23/2006 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 12 01/23/2006 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, 13 01/23/2006 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. 14 01/23/2006