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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: ___________________________________________ 11/16/2009 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): 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) 11/16/2009 2 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 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 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) 11/16/2009 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 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. 11/16/2009 5 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. 11/16/2009 6 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) 11/16/2009 7 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.) 11/16/2009 8 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. 11/16/2009 9