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HomeMy WebLinkAbout01-04-2010 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Pairick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Fred Shorett Chas Kelley Rilcke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 4, 2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:36 p.m., Monday, January 4, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Shorett, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Members/Commissioners Estrada and Kelley. Council Member/Commissioner Estrada arrived at 1:41 p.m. and Council Member/ Commissioner Kelley arrived at 1:47 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): I Case file under seal 01/04/2010 RES. 2010-1 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an engagement letter between the City of San Bernardino and McKnight & Kennedy and law office of Mark Kleiman for legal representation in the California Qui Tam case med under seal in the Los Angeles County Superior Court. 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: Citizens for Responsible Equitable Environmental Development v. City 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. Hudson Theater 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. City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item No. lA, existing litigation: Jane Batey v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. SCVSS 141503; 2 01/04/2010 Citizens for Responsible Equitable Environmental Development v. City - Superior Court, Case No. CIVDS 918169 (Agenda Item No. 18); Under Agenda Item No. lB, significant exposure to litigation: Susan Hulse v. LAFCO and the City of San Bernardino; Legal secretary intends to sue City on grounds of stress, harassment, and sexual discrimination (Agenda Item No. 26). Reading of Resolutions & Ordinances Deputy City Clerk Sutherland 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 Mayor/Chairman Morris requested a moment of silence in memory of Mrs. Tommie Lowe. Invocation/Pledge of Allegiance The invocation was given by Rabbi Hillel Cohn, Retired Rabbi Emeritus of the Temple Emanu El. The pledge of allegiance was led by Hannah Black, a 5th grade student at Mt. Vernon Elementary School. 2. Appointments There were no commission appointments. 3. Presentations Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, introduced Erin Brinker, Chair of the subcommittee on Public Relations and Marketing, announced that the first event is a locally produced theatrical production of the "Legend of the Arrowhead", which will take place on February 18, 2010, at the California Theater. She stated that a complete list of events is available on their website at SanBernardino200.org. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 3 01/04/2010 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, 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 unanimously. 6. Claims & Payroll Council Member/Commissioner Johnson 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 December 2, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated December 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. The motion carried unanimously. 8. ORD. MC-1320 - An Ordinance of the City of San Bernardino adding Chapter 17.07 to the San Bernardino Municipal Code as the Water Efficient Landscape Ordinance. FINAL READING (Continued from December 21, 2009) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1320 was adopted unanimously. 9. Item deleted 10. RES. 2010-3 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to submit a grant application to the California Office of Emergency Services California for a California Gang Reduction, Intervention and Prevention (CALGRIP) Grant, and accept the grant award for the CALGRIP Grant. Council Member/Commissioner Estrada requested that the Police Department provide the Council with a comprehensive, in-depth report identifYing the gangs in the City, where they live, and where gang-related crimes are being committed. 4 01/04/2010 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-3 was adopted with Johnson voting "no." 11. Item deleted 12. Item deleted 13. RES. 2010-2 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Contract 07-481 A-4 with the County of San Bernardino Department of Aging and Adult Services (DAAS), accepting the amount of $28,500 to supplement program expenses for Fiscal Year 09/10 as recipients of American Recovery and Reinvestment Action (ARRA) Stimulus Funds. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-2 was adopted unanimously. 14. Establish part-time classifications of Community Relations Assistant and Police Cadet in the Police Department Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the classification of Community Relations Assistant be established, Range 440, $22.98 - $27.94 per hour; that the classification of Police Cadet be established, Range PIT, $13.50 - $15.50 per hour; that the job descriptions for Community Relations Assistant and Police Cadet be approved; and that the Human Resources Department be authorized to update Resolution 2008-20. The motion carried unanimously. 15. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement with the County of San Bernardino for the maintenance of a portion of Old Waterman Canyon road lying outside of the area annexed to the City as Annexation No. 360 in the Arrowhead Springs area. (Continued from December 21,2009) Note: No resolution was distributed. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of January 19,2010. The motion carried unanimously. 5 01104/2010 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 $70,600 with two (2) one-year extensions at the City's option between the City of San Bernardino and Inland Empire Landscape, Inc. for supplemental as needed landscape maintenance services throughout the City of San Bernardino. (Continued from December 21,2009) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council! Commission meeting of January 19,2010. The motion carried unanimously. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Operating Services Agreement with Major League Softball, Inc. (MLS) and the City of San Bernardino for the organization and management of the Parks, Recreation and Community Services Department's adult softball and adult baseball programs; MLS is granted use of Encanto Field from January 1, 2010 through December 31, 2010 with two (2) optional one-year renewals; and use of Fiscalini Field from May 28, 2010 through October 31, 2010, with the option of one (1) one-year renewal. (Continued from December 21,2009.) Note: No resolution was distributed. Staff requested a two-week continuance. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council!Commission meeting of January 19, 2010. The motion carried unanimously. PLANNING ITEMS 18. Appeal Hearing - An appeal of the Planning Commission's approval of Conditional Use Permit No. 07-15, a request to expand an existing 129,794 square foot retail commercial building by 41,644 square feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of Highland Avenue at the intersection with Boulder Avenue, at 4210 East Highland Avenue in the CG-l, Commercial General, land use district (Appeal No. 09-03) Mayor/Chairman Morris opened the hearing. 6 01/04/2010 Senior Deputy City Attorney Empefio informed the Council that at 3:29 p.m., the City Clerk's office received a check for the fIling fee for the appeal in addition to a cover letter from the Briggs Law Corporation dated January 4, 2010. City Clerk Clark announced that a petition signed by 28 residents supporting approval of the project had been received and was submitted into the record. No public comments were received. Staff requested a two-week continuance. Council Member/Commissioner McCannnack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of January 19, 2010. The motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Connnissioners Estrada, Baxter, Brinker, Shorett, Kelley, Johnson, McCannnack; Sf. Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: None. R19. Item deleted RZO. Item deleted RZl. Item deleted RZ2. Rosenow Spevacek Group, Inc. ("RSG") - Professional Services Agreement _ Key Program and Compliance Monitoring Services for defined portions of its federally funded Neighborhood Stabilization Program ("NSP") in addition to other Agency housing programs utilizing Redevelopment Housing Set-Aside Funds and HOME Funds RES. CDC/2010-1 - 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 Rosenow Spevacek Group, Inc., for program and compliance monitoring services for defined portions of the Neighborhood Stabilization Program ("NSP") and other Agency housing programs. 7 01/04/2010 Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2010-1 was adopted with Kelley absent. R23. Recommend the Inland Empire Affordable Housing Organization, LLC, as an additional intermediary services provider in support of the Neighborhood Stabilization Program ("NSP") RES. CDC/2010-2 - 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 enter into a Master Agreement with Inland Empire Affordable Housing Organization, LLC ("Developer"), as originally identified through the NSP Intermediary Services RFP procurement process. Council Member/Commissioner McCarnmack stated that she did not feel the Council had enough information to make an informed decision on this matter and requested specifics regarding the target area and which properties have been put into escrow. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2010-2 was adopted with McCammack abstaining. R24. Inland Empire Concerned African American Churches, Memorandum of Understanding for the acquisition and redevelopment of residential properties (The IECAAC Affordable Housing Program) RES. CDC/2010-3 - 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 the 2009 Memorandum of Understanding by and between the Agency and Inland Empire Concerned African American Churches (The IECAAC Affordable Housing Program). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2010-3 was adopted unanimously. 25. RES. 2010-4 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Attorney to execute a three-year contract with Thomson-West to provide on-line legal research services (Westlaw) to the City Attorney's Office and to authorize the issuance of a purchase order. 8 01/04/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-4 was adopted unanimously. 26. Resolution of the Mayor and Common Council of the City of San Bernardino, California, ratifying the retention of Andrew I. Roth, Attorney at Law by the staff of the San Bernardino City Attorney's Office, in an amount not to exceed $3,920.00, for representation regarding "PC 290 registrant working at Church of the Nazarene" memo investigation. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. The motion failed by the following vote: Ayes: Estrada, Kelley, McCammack. Nays: Baxter, Brinker, Shorett, Johnson. City Attorney Penman requested that the item be reconsidered in order to allow employees in his office the opportunity to speak regarding the matter. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCarnmack, that Agenda Item No. 26 be reconsidered. The motion carried with Baxter and Brinker voting "no." The following staff members spoke in support of the item: Shauna Britton, City Attorney's office; Stephanie Easland, City Attorney's office; Jamie Cimino, City Attorney's office. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. The motion failed by the following vote: Ayes: Estrada, Kelley, McCammack. Nays: Baxter, Brinker, Shorett, Johnson. 27 . Public Comments Betty J. Long, San Bernardino, CA, spoke regarding personal matters. Vivian Wells, San Bernardino, CA, spoke regarding the traffic signals located at Arden and Highland Avenue. Jay Lindberg, San Bernardino, CA, stated that he felt assessing $450 for traffic fines was not being done for safety reasons-it sounded more like a tax. He stated that the City should invite solar/renewable energy companies to come to San Bernardino to develop vacant property. 9 01/04/2010 Karen Serrano, San Bernardino, CA, representative in the office of Congressman Joe Baca, stated that based on the fact that San Bernardino County is currently experiencing a 14 percent unemployment rate, the Congressman has extended an open invitation to attend a job summit scheduled for Thursday, January 28, 2010, from 9 a.m. to 12 noon, at the Center Stage Theater located at 8473 Sierra Avenue in downtown Fontana. M'Zare Murphy, San Bernardino, CA, spoke regarding the fees that are being charged by Code Enforcement for rental property inspections. 28. Adjournment At 5:09 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, January 19,2010. RACHEL G. CLARK City Clerk By ~ J..-:dJ~/VI.d ~ Linda Sutherland Deputy City Clerk 10 01/04/2010