HomeMy WebLinkAbout01-19-2010 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCammack
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 19, 2010
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 1:36 p.m., Tuesday, January 19, 2010, 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, Shorett, Johnson, McCammack; City Attorney Penman; City
Manager McNeely; City Clerk Clark.
Absent:
Council Members/Commissioners Brinker and Kelley.
Council Member/Commissioner Kelley arrived at 1:44 p.m.
Council Member/Commissioner Brinker arrived at 3:18 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Barnes, Yvonne v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVSS 807102;
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Barnes, Yvonne v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVDS 908096;
Citizens for Responsible Equitable Environmental Development v. City -
San Bernardino County Superior Court, Case No. CIVDS 918169;
Little, Judith, et aI., v. City, et al. - U.S. District Court, Case No CV-
09-06068 SVW (Cwx);
Markham, Terrell, et al. v. City of San Bernardino, et al. - U.S. District
Court, Case No. CV09-08455 ODW (DTBx);
Moss, Richard "Scott", et al. v. City of San Bernardino, et al. - United
States District Court, Case No. EDCV 07-01027 SGL (Opx);
Nash, Terry, Estate of, et al. v. City of San Bernardino, et al. - U.S.
District Court, Case No. CV09-08671 RGK (FFMx);
Street, Michael, v. City, et al. - San Bernardino County Superior Court,
Case No. CIVDS 910518.
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. 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.
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G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
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.
City Attorney Penman announced that the following additional case would be
discussed in closed session under Agenda Item No. lA, existing litigation:
Mekione Samatua, et al. v. City of San Bernardino - San Bernardino
Superior Court Case No. CIVDS 917832.
Closed Session Announcement
City Clerk Clark announced that in closed session Council Member/Commissioner
Johnson made a motion, seconded by Council Member/Commissioner McCannnack, to
allow the City to join in as plaintiff in City of San Bernardino v. Hudson Theater. The
motion carried unanimously with Council Member/Commissioner Brinker absent.
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 Glen Bell, Jr., founder of the Taco
Bell chain, and the thousands who lost their lives in the recent Haiti earthquake.
Invocation/Pledge of Allegiance
The invocation was given by Father Patricio Guillen of Libreria del Pueblo. The
pledge of allegiance was led by Nichole Salazar, a student at Monterey Elementary
School.
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2. Appointment - Esther Jimenez - Civil Service Board - Mayor Morris
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of Esther Jimenez to the
Civil Service Board, as requested by Mayor Morris, be approved. The motion
carried unanimously.
3. Proclamations & Presentations
Michael Page, Director of Government and External Affairs for the Verizon
Foundation, presented checks totaling $139,000 to the following local
organizations: Libreria del Pueblo, Lord's Holiness Resource Center, Inland
Counties Regional Center, St. Bernardine Hospital Foundation, and Catholic
Charities.
Council Member Estrada presented "Citizen of the Year" certificates to those
individuals who have served as First Ward representatives on various City
boards and commissions during her tenure in office, as follows:
. Arthur L. Guerrero - Bicentennial Committee and Community
Television Commission
. Velia D. Marquez - Fine Arts Commission
. Connie Rodriguez - Board of Fire Commissioners (not in attendance)
. Jim Mulvihill - Historical Preservation Commission
. Robert Vega - Parks and Recreation Commission
. Jerry L. Zuniga - Board of Police Commissioners
. Bobbie J. Johnson - Senior Affairs Commission (not in attendance)
. Steve Henthorn - Santa Ana River Trail Commission (not in attendance)
Council Member Shorett presented the Student of the Month award to twin
sisters, Kiyana and Kyla Rounds, who are students at Del Vallejo Middle
School.
Cat Pritchett, Assistant to the City Manager, provided an update on the activities
and accomplishments of San Bernardino Taking Action Against Graffiti (SB
TAAG).
Cenificates of Recognition were presented by Council Member Johnson to
members of the Pee Wee Hawks football team, who had an undefeated season of
11 wins and 0 losses.
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The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name
Department
Years of Service
Richard Lawson Jr.
Lorena Doswell
Carla Velarde
Development Services
Human Resources
Parks, Recreation &
Community Services
Public Services
5
20
20
Robert Lowry
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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.
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
unanimously.
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:
December 7, 2009. The motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated January 4,
2010, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
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8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Chief Examiner, dated January 19,2010, 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.
9. RES. 2010-5 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of a Senior Nutrition Program grant
application through the County of San Bernardino Department of Aging
and Adult Services (DAAS) for Senior Nutrition Services for the period of
July 1, 2010 through June 30, 2011.
Public Comments
Jane Godager, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2010-5 was adopted unanimously.
10. RES. 2010-6 - Resolution ratifying submittal of a grant application and
authorizing the City Manager to administer the FY 08/09 MSRC Funding
Local Government Match Program in the amount of $250,000 to assist in
the purchase of (10) LNG refuse trucks to be utilized by the Public Services
Department, IWM Division and authorizing the City Manager to execute a
contract accepting the grant.
Public Comments
Jay Lindberg, San Bernardino, CA, expressed support/approval.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2010-6 was adopted unanimously.
11. RES. 2010-7 - 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 January 4, 2010.)
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Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2010-7 was adopted unanimously.
12. 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 January 4,2010.)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be tabled. The motion carried
unanimously.
13. RES. 2010-8 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to execute an Agreement
with Major League Softball, Inc. (MLS) and the City of San Bernardino for
the organization and management of the Parks, Recreation and Commnnity
Services Department's adult softball and adult baseball programs; MLS is
granted use of Encanto Park 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 January 4,2010.)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-8 was adopted unanimously.
14. ORD. MC-1321 - An Urgency Ordinance of the City of San Bernardino
amending the definition of "Roll-off Bin" contained in Section 8.24.060(W),
of Chapter 8.24 of the San Bernardino Municipal Code and declaring the
urgency thereof. URGENCY
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that said ordinance be adopted. Ordinance No.
MC-1321 was adopted unanimously.
15. 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) (Continued from January 4,2010.)
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The hearing remains open.
Staff requested a continuance to February 1, 2010.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of February 1,2010. The motion carried unanimously.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCarnmack; City Attorney
Penman; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
R16. Ratify the submittal of an application to the California Energy Commission
for State Energy Program Funds
RES. 2010-9 - Resolution of the Mayor and Common Council of the City of
San Bernardino consenting to and ratifying submission of a grant
application to the California Energy Commission for State Energy Program
Funds.
Public Comments
Jay Lindberg, San Bernardino, CA, expressed support/approval.
Shirley Harlan, San Bernardino, CA, expressed support/approval.
Council Member/Commissioner McCammack expressed concern that the
documents did not demand or require local contractors/local hiring.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted; and if the City
does receive the grant, staff will do their best to employ local contractors and
give preference to hiring locally. Resolution No. 2010-9 was adopted
unanimously.
17. Public Comments
Robert Jenkins, San Bernardino, CA, stated he was disappointed with the vote
and comments regarding Agenda Item No. 26 at the meeting of January 4,
2010.
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City Attorney Penman spoke regarding the litigation associated with Agenda
Item No. 26 on the January 4, 2010 Council agenda.
Shirley Harlan, a resident of San Bernardino and member of the Senior Affairs
Commission, submitted in writing the following motion passed by the
Commission at their meeting of January 14, 2010: That the Commission
recommend to the Mayor and Common Council the construction of a Senior
Center with full amenities on reserved land at the southeast corner of 5th and H
Streets.
Council Member/Commissioner Estrada suggested that the Mayor and Council
look at the Inland Valley Development Agency (IVDA) and the resources
available in the IVDA project area.
Jay Lindberg, San Bernardino, CA, spoke regarding red light cameras and
Walmart.
18. Adjournment
At 5:53 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for Monday, February 1, 2010.
RACHEL G. CLARK
City Clerk
By: ~.L#
Deputy City Clerk
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