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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 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: ___________________________________________ 10/19/2009 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): 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) 10/19/2009 2 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 3 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) 10/19/2009 4 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. 10/19/2009 5 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 10/19/2009 6 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 10/19/2009 7 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 10/19/2009 8 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. 10/19/2009 9 Public comments will not be received on any item on the agenda when a public hearing has been conducted and closed. 10/19/2009 10