HomeMy WebLinkAbout11-16-2009 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 16, 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 7-8.)
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
nd
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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1
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):
Sylvia Smith v. Playco San Bernardino, LLC, dba Carousel Mall, et al.
? United States District Court, Case No. EDCV 09-0891.
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)
Two Cases
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.
(Item Continued on Next Page)
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1. Continued.
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:
1. Property Address: 450 North ?E? Street
APN: 0134-121-24
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the
Redevelopment Agency, and
Moctesuma Esparza on behalf of Maya
Cinemas North America, Inc.
Under Negotiations: Purchase price, terms and conditions.
END OF CLOSED SESSION
11/16/2009
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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
18 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: September 21, 2009 (Distributed 11/9/09)
October 19, 2009 (Distributed 11/9/09)
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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 November 4, 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 November 12, 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 NOVEMBER 2, 2009
Council Office
9. 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?. (No Cost to the City)
(Backup distributed on November 2, 2009, Item No. 17.) FINAL READING
All Wards
MOTION: That said ordinance be adopted.
Development Services
10. Authorization for the Director of Development Services to execute Contract
Change Order No. Two with Matich Corporation for the Realignment of
ndrd
Viaduct Boulevard between 2 Street and 3 Street, per Project Plan Nos.
12325 & 12326. (See Attached) (Cost to the City - $164,016.54 from Prop 1B
Fund and Storm Drain Construction Fund) Wards 1 & 3
MOTION: That the Director of Development Services be authorized to
execute Contract Change Order No. Two with Matich
Corporation for the Realignment of Viaduct Boulevard between
ndrd
2 Street and 3 Street, per Project Plan Nos. 12325 & 12326.
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11. Resolution of the City of San Bernardino approving Amendment No. 1 to
Agreement for Professional Architectural and Engineering Services with Owen
Design Group, Inc. for Design and Construction of the Santa Fe Depot Parking
Structure Project (GB04-19). (See Attached) (No Cost to the City) Ward 1
MOTION: That said resolution be adopted.
12. Resolution of the City of San Bernardino authorizing execution of a Cooperative
Agreement with the County of San Bernardino and the City of Highland for
rehabilitation of Pacific Street, from Perris Hill Park Road to Victoria Avenue
(SS08-28) (See Attached) (Cost to the City - $1,055,800 from Prop 42 Traffic
Congestion and Prop 1B Fund) Wards 2 & 7
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 an agreement and issuance of a purchase order to
Universal Specialty Vehicles, Inc. in the amount of $339,825.50 for an
Interoperable Communications/Mobile Command Vehicle. (See Attached) (No
Cost to the City - $339,825.50 from Federal & State Grant Program 2008 ?
Urban Area Security Initiative) All Wards
MOTION: That said resolution be adopted.
14. Item deleted.
Human Resources
15. Resolution of Mayor and Common Council of the City of San Bernardino to
adopt the Post Employment Health Plan (PEHP) for public employees for the
employees 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; and that the Human Resources
Director be authorized as the plan administrator.
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Parks, Recreation & Community Services
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Facility Use Agreement by and
between the American Sports University and the City of San Bernardino
allowing for the University?s use of the Rudy C. Hernandez Recreation Center
Gymnasium, and ratifying any action taken between October 1, 2009 and the
date that this resolution is adopted. (See Attached) (No Cost to the City)
Ward 1
MOTION: That said resolution be adopted.
17. Item deleted.
18. Item deleted.
END OF CONSENT CALENDAR
COMMITTEE CONSENT
Heard at the Grants Ad Hoc Committee meeting of October 27, 2009 ?
Committee Members Present: Baxter, Estrada
Mayor?s Office
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to submit an application to the U.S. Department
of Justice for the Weed and Seed Grant. (See Attached) (No Cost to the City)
All Wards
MOTION: That said resolution be adopted; and that the Director of Finance
be authorized to amend the budget as needed to reflect this grant
if awarded.
END OF COMMITTEE CONSENT
COMMUNITY DEVELOPMENT COMMISSION
Recommended for approval at the Special Redevlopment Committee
meeting on October 22, 2009 ? Committee Members Present: Johnson,
Brinker, Baxter
R20. Shober Consulting, Inc., Professional Services Agreement ? Interim Property
th
Management, Relocation and Demolition Services (19 and Sunrise Project)
(See Attached) Ward 7
(Item Continued on Next Page)
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R20. Continued.
(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
Professional Services Agreement by and between the Agency and Shober
th
Consulting, Inc., for property management and relocation services (19 and
Sunrise Project).
MOTION: That said resolution be adopted.
Recommended for approval at the Special Redevelopment Committee
meeting on October 22, 2009 ? Committee Members Present: Johnson,
Brinker, Baxter
R21. Del Richardson and Associates, Inc. (?DRA?), Professional Services
th
Agreement for Property Acquisition Services (19 and Sunrise Project) (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
Professional Services Agreement by and between the Agency and Del
th
Richardson and Associates, Inc., for acquisition services (19 and Sunrise
Project).
MOTION: That said resolution be adopted.
END OF COMMUNITY DEVELOPMENT COMMISSION
22. 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.)
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23. 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, December 7, 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.
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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