HomeMy WebLinkAbout03-02-2009 Minutes
III~ I J II I II
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Ptwick J. Morris
Couru:i/ Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
4' Ward - Vacant
Chas Kelley
Rikke Van Johnson
Wendy McCammack
-
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 2,2009
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:35 p.m., Monday, March 2, 2009, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Pemnan,
Interim City Manager Weinberg, City Clerk Clark.
Absent:
None.
Vacant:
Fourth Ward.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXisting litigation. - pursuant to
Government Code Section 54956.9(a):
Belinsky v. City, Omnitrans, et al. - United States District Court, Case
No. CV 08-8571 PSG (MANx);
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Jane Batey v. City of San Bernardino - San Bernardino County Superior
Court, Case No. SCVSS 141503;
Luisa Maravilla v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVSS 707097;
San Bernardino Police Officers Association, et al. v. City of San
Bernardino, et al. - San Bernardino County Superior Court, Case No.
CIVD 902362;
San Bernardino City Professional FirefiWiters, Local 891 v. City of San
Bernardino, et al. - San Bernardino County Superior Court, Case No.
CIVSS 807685.
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
City of San Bernardino v. American Home Mortgage Service,
Inc. [4858 Cristy Avenue, San Bernardino, California (APN#
626-291-17-00(0)]
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Chief of Police
Acting Assistant Chief of Police
Acting Police Chief
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:
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Fire Safety Unit
Police Safety Unit
Police Management Unit
Management/Confidential
Mid-Management Unit
General Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Pemnan announced that the following additional item was
discussed in closed session under Agenda Item No. ID, Conference with Labor
Negotiator:
City Manager
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
A moment of silence was observed in memory of Charles "Chuck" H. Beeman; former
State Senator and Assembly member Nell Soto; Fire Captain Creig Nece; and Ewing
Pizet.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Fred Adams of The Rock Church. The pledge
of allegiance was led by Wesley O'Neill, a student at Ramona Alessandro School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Rabbi Hillel Cohn, chairman of the Bicentennial Ad Hoc Committee, provided
an update on the committee's recent activities.
Beverly Powell, new Regional Manager for Southern California Edison, was
introduced and spoke briefly to the Mayor and Council.
Mayor Morris presented a Certificate of Recognition to Steve Lambert, who
served as editor of the San Bernardino Sun newspaper for the past seven years
and is leaving for his new post as editor and general manager of the San Gabriel
Valley Newspaper Group.
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Certificates of Recognition were presented to several individual~ associated with
the HUll1ane Society, who recently worked to upgrade the facilities at the City's
Animal Shelter.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Corrbnerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
lInlln;monsly with the Fourth Ward vacant.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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:
February 2,2009. The motion carried unanimonsly with the Fourth Ward
vacant.
7. Clainis & Payroll
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated February 12, 2009, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously with the Fourth Ward vacant.
8. Persounel Actions
Council Member/Commissioner McCammack expressed opposition to the part-
time appointments of Michael Billdt as Chief of Police and Mitchal Kimball as
the Assistant Chief of Police.
Council Member/Commissioner Kelley stated that he wanted action taken,
perhaps through the Personnel Committee, to formulate succes~ion plans in all
of the City departments. '
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C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, spoke in
opposition to Chief Billdt remaining on the City's payroll.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the personnel actions, as submitted by the
Chief Examiner, dated February 25, 2009, in accordance with Civil Service
rnIes and Personnel policies adopted by the Mayor and Common Council of the
City of San Bernardino, be approved and ratified. The motion carried with
McCammack voting no and the Fourth Ward vacant.
9. Item deleted
10. Authorization to proceed and approval of Plan No. 12595 - proposed
vacation of a portion of the southerly side of Kendall Drive, northerly of
Pine Avenue
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Development Services and
the City Clerk be authorized to proceed with the proposed vacation of a portion
of the southerly side of Kendall Drive, northerly of Pine Avenue; and that Plan
No. 12595 showing the proposed vacation of a portion of the southerly side of
Kendall Drive, northerly of Pine Avenue, be approved. The motion carried
unanimously with the Fourth Ward vacant.
11. RES. 2009-37 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of Kendall Drive (formerly State
Highway 206) east of "H" Street and reserving an access and landscape
easement for the Castaway Restaurant.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-37 was adopted unanimonsly with the Fourth Ward vacant.
12. Item deleted
13. RES. 2009-42 - Resolution of the City of San Bernardino authorizing
execution of an agreement with Omnitrans to provide a shlllttle service for
Metrolink riders during construction of the rf'.lIligJIment of Viaduct
Boulevard (SS04-34 & SS07-32).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-42 was adopted unanimonsly with the Fourth Ward vacilnt.
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14. RES. 2009-38 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a grant apflication to the
California Environmental Protection Agency in the amount of $20,000 and
authorizing the Fire Department to admini~ter the grant.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-38 was adopted lInAnimously with the Fourth Ward vacant.
15. Resolution of the Mayor and Common Council of the City of San
Bernardino approving a side letter to Resolution No. 2005-66 for full-time,
fire safety employees, adding language in Article IV, Fringe Benefits:
Section 1, Health/Related Insurance; Section 4, Deferred Compensation;
Section 7, Vacation and Holiday Sell-Back; Section 8, Welfare Benefit
Trust; and Article V, Leave Provisions: Section 1, Vacation; adding Section
7, Fire Leave; and Article VII, General Provisions, Section 2, Term of
Memorandum of Understanding (MOU).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of March 16, 2009. The motion carried unAnimously
with the Fourth Ward vacant.
16. RES. 2009-43 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of two Indian Gaming Local
Community Benefit grants in the amount of $525,637.81 for FY 08/09 and
$985,241 for FY 09/10, and authorizing the expenditure of said grants for
the designated law enforcement purposes as outlined in the grant budgets.
Council Member/Commissioner McCammack stated she would abstain because
San Manuel is a business client. She left the dais and returned after the vote
was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-43 was adopted with McCammack abstaining and the Fourth Ward
vacant.
17. RES. 2009-39 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of a Titl~ III-B Grant
Application through the County of San Bernardino Department of Aging
and Adult Services (DAAS) for assisted transportation for the period of July
1, 2009 through June 30, 2010.
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adop~. Resolution
No. 2009-39 was adopted unanimously with the Fourth Ward vacant.
18. RES. 2009-40 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Interim City Manager to execute a Letter
of Agreement with KaBOOM! for a community-build p~yground to be
constructed at the Rudy C. Hernandez Community Center located at
Meadowbrook Park.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-40 was adopted unanimonsly with the Fourth Ward vacant.
19. RES. 2009-41 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Services Agreement and
issuance of a purchase order to Law Enforcement Medical Services for
evidence collection not to exceed $80,000 for FY 2008-09 with one optional
renewal year.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-41 was adopted unanimonsly with the Fourth Ward vacant.
20. RES. 2009-44 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement for the City of
Redlands Police Department to nse the City of San Bernardino Police
Department's fIring range.
Council Member/Commissioner McCarnn1ack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2009-44 was adopted unanimously with the Fourth Ward
vacant.
21. RES. 2009-45 - Resolution of the Mayor and Common Council of the City
of San Bernardino rejecting Bid RFQ F-09-07 pursuant to Section 3.04.070
E of the Municipal Code for the purchase of concrete materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resoluti~n be adopted.
Resolution No. 2009-45 was adopted unanimously with the Fourth Ward
vacant.
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22. Receive and file - Annual Audit of the Water Department's Water and
Sewer Utilities for the f"IScal year ending June 30, 2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council receive
and file the Annual Audit of the Water Department's Water and Sewer Utilities
for the fiscal year ending June 30, 2008. The motion carried unlln;monsly
with the Fourth Ward vacant.
23. Item deleted
24. RES. 2009-46 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an agreement with the San
Bernardino Symphony for f"1nancial assistance from the 2008/2009 Civic and
Promotion Fund for the Music in the Schools program.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2009-46 was adopted unanimously with the Fourth Ward vacant.
25. Appeal hearing - City Clerk's determination of ineligibility for San
Bernardino High School to operate a f"rreworks stand in 2009 (Continued
from February 17, 2(09)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be tabled. The motion carried
unanimously with the Fourth Ward vacant.
26. Public hearing - Right of Way contract and grant deed relative to the sale
of City of San Bernardino Municipal Water Department owned real
property to Caltrans
RES. 2009-47 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Right of Way Contract with the State of
California, Department of Transportation, and the execution of a Grant
Deed for the City of San Bernardino Municipal Water Department owned
property generally located south of 9th Street and west of "H" Street in the
City of San Beruardino.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
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Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2009-47 was
adopted with McClImmllck voting no and the Fourth Ward vacant.
27. Public hearing - resolution imposing liens on commercial properties for
uncollected refuse fees
Resolution of the City of San Bernardino imposing liens on commercial
properties located within the City of San Bernardino for uncollected refuse
fees.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued. (Note:
No vote was taken.)
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
those individuals who had requested to speak that they would provide true and
honest testimony.
City Attorney Pemnan advised that the hearing had not been properly noticed;
therefore, it could not be continued, but had to be tabled; and it would be illegal
to take any public comments at this time.
Mayor/Chairman Morris asked those individuals who had taken the oath and
wished to speak to give their names to the City Clerk and they would be notified
by her office when the hearing was rescheduled.
Mr. Pemnan noted that all notices required by law would be re-sent.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled. The motion carried
unanimonsly with the Fourth Ward vacant.
Council Member/Commissioner McCanrmack stated that many people had
called to say that they did not owe this money, and she requested staff to check
on this.
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COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissipners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; Assistant City Attorney
Wilson, Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo, City Clerk Clark.
Absent:
None.
Vacant:
Fourth Ward
R28. Master Cooperative Agreement for the sbX Bns Rapid Transit Project by
Omnitrans (Continued from February 17,2009)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Interim City Manager to execute
a Master Cooperative Agreement by and between the City and Omnitrans
(sbX Bns Rapid Transit Project). (R28A)
Resolution of the Community Development Commission of the City of San
Beruardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino to execute a Master
Cooperative Agreement by and between the Agency and Omnitrans (sbX
Bus Rapid Transit Project). (R28B)
Note: Resolution R28A was not distributed with the backup materials.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of March 16, 2009. The motion carried
unlln;monsly with the Fourth Ward vacant.
R29. EDAW, Inc. - Amendment No.1 to the Professional Services Agreement
for additional funding
RES. CDC/2009-8 - 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 Amendment No. 1 to the Agreement for
Professional Services by and between the Agency and EDAW, Inc.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-8 was adopted with McClImmllck voting no and the Fourth
Ward vacant.
R30. San Bernardino new car automobile dealerships - Special sales promotion
Council Members McCammack and Kelley stated they would like to see the
City and the Agency really delve into and explore ways to promote the entire
city of San Bernardino as well as educating the residents on how vital it is to
keep their tax dollars in San Bernardino-possibly in conjunction with the
Convention and Visitors Bureau and the local Chamber of Commerce.
City Attorney Pemnan noted that he had just received a call from the
President/CEO of the San Bernardino Area Chamber of Commerce, who
commented that the Chamber has been involved in this activity for many, many
years and has an ongoing program where they do this; and they would like to
work closely with the EDA and assist with this project.
Council Member/Commissioner Brinker stated that he had been approached by
some of the vocational schools down by Hospitality Lane with an idea about re-
branding the Hospitality area as Hospitality/University. He noted that there are
more than 20 vocational education institutions around the Hospitality area, and
the idea was to put up some signs that direct people to those institutions, with
the idea that before and after classes students could meet at the local restaurants
and spend dollars in our community.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that the Community Development Commission
of the City of San Bernardino approve and authorize the Interim Executive
Director of the Redevelopment Agency of the City of San Bernardino
(" Agency") to undertake an advertising and special incentive automobile sales
event for all new-vehicle automobile dealers in the City of San ~rnardino for a
cost not to exceed $150,000. The motion carried unanimOusly with the
Fourth Ward vacant.
R31. Item deleted
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32. Public Comments
Maria Galvez, 25196 Alevpo Way, Moreno Valley, CA, a stuqent at CSUSB,
stated that she wanted to bring community awareness to the programs offered
for children at the Central City Lutheran Missionary Community Center. Their
website addresses is www.cclm.orll;, or a person can call (909) 381-6921 to
make a donation or for more infornIation.
C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, made
several suggestions on how to turn San Bernardino around from being a welfare
city to being a city that helps itself and uses its educational resources.
Rev. Betty Long, 854 N. Lugo Avenue, San Bernardino, CA, expressed her
gratitude that the Fifth Street Senior Center is still open; otherwise, she does not
know where she would go.
Arlington Rodgers, 5941 Laura Lane, San Bernardino, CA, former solid waste
manager for the City of San Bernardino, stated that contracting out the solid
waste department was not a feasible thing for the City to do and urged the
Council to be sure they are comparing apples to apples and oranges to oranges
as they investigate this alternative. He also commented on the flooding that has
occurred for over 43 years at the northwest corner of Baseline and Medical
Center Drive when it rains.
Tom Ramsey, San Bernardino Public Employees Association, 433 N. Sierra
Way, San Bernardino, CA, spoke regarding the City's budget woes, the
furloughs accepted by the general and mid-management employees, and the idea
of selling or contracting out the solid waste division. He urged the Council to
consider other ways to save money such as a Charter amendment repealing
Section 186 and the exploration of contracting out the Police Department to the
County.
Dan Long, San Bernardino Public Employees Association, 433 N. Sierra Way,
San Bernardino, CA, spoke regarding the drastic measures being taken to
balance the budget in Parks and Traffic Signals; spoke in opposition to
contracting out integrated waste management services; and asked the Council to
do three things: 1) review the deep cuts in Parks to make sure they are
absolutely necessary; 2) review the information provided to the SBPEA office
today via fax relative to the Traffic Signal Shop and the II1~grated Waste
Management Division; and 3) review the report provided by Management
Partners, Inc.-a report less than 18 months old-before they consider spending
another $100,000 for a consultant study that they already have the answers to.
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Joe Arnett, 1681 Echo Drive, San Bernardino, CA, stated he was a candidate
for the Fourth Ward Council seat; outlined his priorities if elected; and asked
that people contact him at joearnett.com.
Charles Greenwood, a Refuse Division employee, thanked Arlington Rodgers
for coming to speak on behalf of the integrated waste management employees;
stated that he thought the sale of the solid waste division was wrong-both for
the employees and the taxpayers; and suggested that the Council members speak
to Mando Leon and Gracie Washington about the refuse practices in this City.
Bobby Oquendo, 264 E. 10th Street, San Bernardino, CA, a City fire employee,
stated that they had come to the table in good faith and they were turned down.
33. Adjournment
At 5:51 p.m. the meeting adjourned. The next joint regular meeting is
scheduled for 1:30 p.m., Monday, March 16, 2009.
RACHEL G. CLARK
City Clerk
By:
LL E. w-
LindaE.Harttel
Deputy City Clerk
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