HomeMy WebLinkAbout11-02-2009 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, NOVEMBER 2, 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 pages 9-10.)
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);
Jane Batey, et al. v. City of San Bernardino ? San Bernardino County
Superior Court, Case No. SCVSS 141503;
San Bernardino Police Officers Association, et al. v. City of San
Bernardino ? San Bernardino County Superior Court, Case No. CIVDS
902362.
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)
The Claim of Gina Lovera
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
City of San Bernardino v. Dainn Caldera
(Item Continued on Next Page)
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1. Continued.
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.
G. Conference with real property negotiator ? pursuant to Government Code
Section 54956.8.
END OF CLOSED SESSION
11/02/2009
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RECONVENE MEETING ? 3:00 P.M.
PRESENT: _________________________________________
ABSENT: _________________________________________
2. Appointments.
3. Presentations.
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
16 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: October 5, 2009 (Distributed 10/27/09)
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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 15, 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 29, 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.
Animal Control
9. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute Animal Housing Agreements by and
between the City of San Bernardino and the Cities of Fontana, Colton and
Grand Terrace for the period of January 1, 2010 through June 30, 2011. (See
Attached) (No Cost to the City ? General Fund Savings in FY 2009/10:
$70,000; General Fund Savings in FY 2010/11: $203,195) (Resolution not
available at time of printing.) All Wards
MOTION: That said resolution be adopted; that the Director of Finance be
authorized to amend the FY 2009/2010 Adopted Budget as
outlined in Attachment A to this staff report; and that the Director
of Human Resources be authorized to update the position control
resolution to reflect the retention and restoration of the requested
positions.
City Clerk
10. Mayor and Common Council and Community Development Commission
Regular Meeting dates for 2010 (See Attached) All Wards
MOTION: That the Mayor and Common Council and the Community
Development Commission approve the following dates for
regular meetings of the Mayor and Common Council/Community
Development Commission for the year 2010: January 4; January
19 (Tuesday due to holiday); February 1; February 16 (Tuesday
due to holiday); March 1; March 15; April 5; April 19; May 3;
May 17; June 7; June 21; July 6 (Tuesday due to holiday); July
19; August 2; August 16; September 7 (Tuesday due to holiday);
September 20; October 4; October 18; November 1; November
15; December 6; December 20.
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City Manager
11. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the Professional Services Agreement by and between the City of San
Bernardino and AECOM Technical Services Inc. for the creation of the City?s
Energy Efficiency & Conservation Strategy and Climate Action Plan. (See
Attached) (No Net Impact to the City - $249,650 Funded by Grants)
All Wards
MOTION: That said resolution be adopted; that the Director of Finance be
authorized to amend the FY 2009-2010 final budget to reflect the
additional costs of $249,650 and revenues of $250,000 associated
with the creation of the City Energy Efficiency & Conservation
Strategy and Climate Action Plan; and that the Director of
Finance be authorized to issue a purchase order for an amount not
to exceed $249,650 to AECOM Technical Services, Inc.
12. Resolution of the Mayor and Common Council authorizing a License Agreement
with Sprint Communications Company, L.P. permitting access to
communications conduit beneath the city. (See Attached) (No Net Cost to the
City - Revenue of $625 for FY 09/10) Ward 5
MOTION: That said resolution be adopted.
Fire
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of agreements and issuance of annual purchase orders
to Allstar Fire Equipment in the amount of $5,000, Fisher Scientific Company
in the amount of $45,000, L.N. Curtis & Sons in the amount of $5,000, and
Mallory Company in the amount of $10,000 for replacement of protective
clothing and equipment for structural firefighting. (See Attached) (Cost to the
City - $65,000 from the General Fund Materials & Supplies) All Wards
MOTION: That said resolution be adopted.
14. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino Fire Department to enter into a mutual
aid protection agreement with the State of California, Department of Forestry
and Fire Protection for the purpose of receiving a federal strip number to
purchase products through the General Services Administration. (See Attached)
(No Cost to the City) All Wards
MOTION: That said resolution be adopted.
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Public Services
15. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of a purchase order in
the amount of $53,900 to Fairview Ford of San Bernardino pursuant to Section
3.04.010 B.3 of the Municipal Code for the purchase of two (2) year 2010 Ford
Crown Victoria Police Interceptors utilized by the Police Department. (See
Attached) (No Cost to the City - $53,900 from Grant Funding) All Wards
MOTION: That said resolution be adopted.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of a purchase order in
the amount of $60,000 with four (4) one-year extensions at the City?s option to
Big Mike?s Plumbing & Sanitation Company for the labor, concrete materials
and equipment costs associated with the removal and installation of damaged,
deficient and aged sewer manhole covers. (See Attached) (Cost to the City -
$60,000 from the Sewer Fund/Professional-Contractual Services) All Wards
MOTION: That said resolution be adopted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Recommended for approval at the Legislative Review Committee meeting of
October 20, 2009 ? Committee Members Present: Shorett, McCammack,
Baxter
Council Office
17. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Chapter 8.73 by amending the title thereof to read ?No
Smoking in Parks?; by amending Section 12.80.130 by adding thereto
subsection ?U?, and Chapter 8.73 by adding thereto Section 8.73.050, to ban
smoking in parks; amending subsection 8.73.010(C) re: the definition of
?park?; renumbering subsection 8.73.010(E) re: the definition of ?cigarette?
and adding subsection (F) re: the definition of ?cigar?. (See Attached) (No Cost
to the City) FIRST READING All Wards
MOTION: That said ordinance be laid over for final adoption.
END OF COMMITTEE CONSENT
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PUBLIC HEARINGS
CONTINUED FROM OCTOBER 19, 2009
TO BE HEARD AT 4:00 P.M.
City Clerk
18. Appeal hearing - Appeal of the Police Department?s denial, per their
investigation, of Andy K. Chung?s permit to operate as massage technician. (No
Cost to the City) (Backup distributed on October 19, 2009, Item No. 16.)
Ward 3
MOTION: That the matter be tabled.
CONTINUED FROM OCTOBER 19, 2009
TO BE HEARD AT 4:00 P.M.
City Clerk
19. Appeal Hearing - Appeal of the Police Department?s denial, per their
investigation, of Jian Hua Hu (dba Eastern Ancient Massage) to operate a
massage parlor at 500 Inland Center Mall #214. (No Cost to the City) (Backup
distributed on October 19, 2009, Item No. 17.) Ward 3
MOTION: That the matter be tabled.
END OF PUBLIC HEARINGS
CONTINUED ITEMS
CONTINUED FROM OCTOBER 19, 2009
Development Services
20. 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). (Revised Staff Report & Resolution Attached) (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; item continued to October 19,
2009, Item No. 18.) Wards 1 & 3
MOTION: That said resolution be adopted.
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CONTINUED FROM OCTOBER 19, 2009
Facilities
21. 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 Revised Staff Report Attached) (Cost to the City -
$154,400 of which $100,000 is from the AB2766 Fund and $54,400 is from
the General Fund) (Backup distributed on October 19, 2009, Item No. 11.)
(Resolution not available at time of printing.) Ward 1
MOTION: That the matter be tabled.
END OF CONTINUED ITEMS
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Redevelopment Committee meeting on
October 22, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R22. B & B Contractors, Inc. - Construction Contract for site development ?
Highland/Arden Lot Revisions (IVDA Redevelopment Project Area) (See
Attached) Ward 7
(Community Development Commission)
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
Construction Contract by and between the Agency and B & B Contractors, Inc.
for site preparation at the North Arden Guthrie commercial development project
(IVDA Redevelopment Project Area).
MOTION: That said resolution be adopted; and that the Community
Development Commission of the City of San Bernardino approve
and authorize processing of payment to Southern California
Edison Company for utility relocation at the North Arden Guthrie
commercial development project (IVDA Redevelopment Project
Area).
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Recommended for approval at the Redevelopment Committee meeting on
October 22, 2009 - Committee Members Present: Johnson, Baxter, Brinker
R23. Certification of Northwest Redevelopment Project Area Committee Election
Results of October 15, 2009 (Northwest Redevelopment Project Area) (See
Attached) Ward 6
(Mayor and Common Council)
Resolution of the Mayor and Common Council of the City of San Bernardino
making certain findings and determinations regarding the Biennial Election of
the Northwest Redevelopment Project Area Committee Election as conducted on
October 15, 2009.
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
24. 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.)
25. 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 16, 2009, 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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