HomeMy WebLinkAbout10-19-2009 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
Tobin Brinker
Fred Shorett
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, OCTOBER 19, 2009 ? 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 8.)
Any writings or documents provided to a majority of the City Council/Commission
regarding any item on the agenda will be made available for public inspection at the
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City Clerk?s Counter at City Hall located at 300 N. ?D? Street, 2 Floor, during
normal business hours. In addition, such writings and documents will be posted on the
City?s website at www.sbcity.org subject to staff?s ability to post the documents before
the meetings.
CALL TO ORDER: ___________________________________________
PRESENT: ___________________________________________
ABSENT: ___________________________________________
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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):
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):
Jesus Vargas v. City, et al. ? U.S. District Court, Case No. CV 09-
05479 (RGK/FMOx).
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:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
C. Conference with legal counsel ? anticipated litigation ? initiation of
litigation ? pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
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.
(Item Continued on Next Page)
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1. Continued.
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8:
Property Address: 2698 N. Arrowhead Ave.
APN: 0149-162-19
END OF CLOSED SESSION
10/19/2009
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
A. Service Pin Awards Ceremony.
4. Announcements by Mayor and Common Council.
All Consent Calendar items 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
15 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.
6. Council Minutes.
MOTION: That the minutes of the following meeting(s) of the Mayor and
Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten
form: April 16, 2009 (Distributed 10/12/09)
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7. Claims and Payroll. (See Attached)
MOTION: That the claims and payroll and the authorization to issue
warrants as listed in the memorandum dated October 1, 2009,
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 October 15, 2009, 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.
LAID OVER FROM OCTOBER 5, 2009
City Clerk
9. Ordinance Amending San Bernardino Municipal Code Chapter 2.56 ? Elections.
FINAL READING (See Ordinance) (No Cost to the City) (Backup
distributed on October 5, 2009, Item No. 17.) All Wards
MOTION: That said ordinance be adopted.
Development Services
10. Resolution of the City of San Bernardino ordering the summary vacation of a
Public Utility Easement (P.U.E.) on the property located at 4789 David Way, in
the City of San Bernardino. (See Attached) (No Cost to the City) Ward 4
MOTION: That Plan No. 12678 showing the proposed vacation of a Public
Utility Easement (P.U.E.) on the property located at 4789 David
Way, be approved; and that said resolution be adopted.
Facilities
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with and issuance of a purchase order
to Metric Parking, Inc. for the installation of multi-space parking meters in the
downtown area. (See Attached) (Cost to the City - $154,400 of which
$100,000 is from the AB2766 Fund and $54,400 is from the General Fund)
(Resolution not available at time of printing.) Ward 1
MOTION: That said resolution be adopted.
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Finance
12. A Resolution approving the form of and authorizing the execution and delivery
of a purchase and sale agreement and related documents with respect to the sale
of the Seller?s Proposition 1A receivable from the state; and directing and
authorizing certain other actions in connection therewith. (See Attached) (No
Cost to the City - $2,939,300 in funds to the City) All Wards
MOTION: That said resolution be adopted.
Human Resources
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an annual stipend payable to employees who waive health care
benefits to commence calendar year 2010. (See Attached) (No Cost to the City
? Estimated savings of $110,600) (Resolution not available at time of
printing.)
MOTION: That said resolution be adopted.
Mayor?s Office
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with the Sinfonia Mexicana for the
promotion of arts and culture. (See Attached) (Cost to the City - $50,000 from
the Fine Arts Funding) Ward 1
MOTION: That said resolution be adopted.
Parks, Recreation & Community Services
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Vendor Service Agreement with
Ewing Irrigation Products, Inc. and authorizing the Director of Finance to
increase Annual Purchase Order No. 210324 to Ewing Irrigation Products, Inc.
in the amount of $13,000, for a total of $37,900. (See Attached) (Cost to the
City - $13,000 from General Fund / Materials and Supplies) (Resolution not
available at time of printing.) All Wards
MOTION: That the Director of Finance be authorized to amend the Parks,
Recreation and Community Services FY 2009/10 adopted Budget
and transfer $33,500 from Other Professional Services (Account
No. 001-382-5505) to Materials and Supplies (Account No. 001-
382-5111), with no net impact to the City?s budget; and that said
resolution be adopted.
END OF CONSENT CALENDAR
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PUBLIC HEARINGS
TO BE HEARD AT 4:00 P.M.
City Clerk
16. Appeal hearing - Appeal of the Police Department?s denial, per their
investigation, of Andy K. Chung?s permit to operate as massage technician. (See
Attached) (No Cost to the City) Ward 3
MOTION: That the matter be continued to November 2, 2009.
TO BE HEARD AT 4:00 P.M.
City Clerk
17. Appeal Hearing - Appeal of the Police Department?s denial, per their
investigation, of Jian Huan Hu (dba Eastern Ancient Massage) to operate a
massage parlor at 500 Inland Center Mall #214. (See Attached) (No Cost to the
City) Ward 3
MOTION: That the matter be continued to November 2, 2009.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM OCTOBER 5, 2009
Development Services
18. Resolution of the City of San Bernardino approving License Agreement No. 09-
37471 with the Burlington Northern Santa Fe (BNSF) Railway for maintenance
of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th
Street (BR#54C0066). (No Cost to the City) (Backup distributed on April 6,
2009, Item No. 16; item continued to April 20, 2009, Item No. 34; item
continued to May 4, 2009, Item No. 27; item continued to May 18, 2009,
Item No. 22; item continued to June 1, 2009, Item No. 26; item continued to
June 15, 2009, Item No. 40; item continued to July 6, 2009, Item No. 51;
item continued to July 20, 2009, Item No. 23; item continued to August 3,
2009, Item No. 30; item continued to August 17, 2009, Item No. 30; item
continued to September 8, 2009, Item No. 24; item continued to September
21, 2009, Item No. 23; item continued to October 5, 2009, Item No. 21.)
(Resolution not available a time of printing.) Wards 1 & 3
MOTION: That the matter be continued to November 2, 2009.
END OF CONTINUED ITEMS
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STAFF REPORTS
City Manager
19. Update on efforts of Graffiti Task Force. (Staff Report not available at time
of printing.)
MOTION: That the matter be received and filed.
20. Item deleted.
21. Item deleted.
END OF STAFF REPORTS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meeting on
October 8, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R22. Authorization and execution of an agreement between the City of San
Bernardino (?City?) and Caltrans for Community-Based Transportation
Planning (?CBTP?) Grant Program Funds and a Sub-Recipient Agreement
between the City and the Redevelopment Agency of the City of San Bernardino
(?Agency?) (See Attached) All Wards
(Mayor and Common Council)
A. Resolution of the Mayor and Common Council of the City of San
Bernardino approving certain agreements and authorizing the Mayor to
execute (1) an agreement by and between the City and Caltrans for
Community-Based Transportation Planning (?CBTP?) Grant Program
Funds and (2) a Sub-Recipient Agreement by and between the
Redevelopment Agency of the City of San Bernardino (?Agency?) and
the City. (Resolution not available at time of printing.)
(Community Development Commission)
B. 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 Sub-Recipient Agreement by and between the
Agency and the City of San Bernardino (Community-Based
Transportation Planning Grant Program).
MOTION: That said resolutions A and B, be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
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23. 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.)
24. 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, November 2, 2009, 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.
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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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