HomeMy WebLinkAbout03-01-2010 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Jason Desjardins
Tobin Brinker
Fred Shorett
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 1,2010
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 1:38 p.m., Monday, March 1, 2010, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Brinker,
Shorett, Johnson, McCammack; Senior Deputy City Attorney Grider, City
Manager McNeely; City Clerk Clark.
Absent:
Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley arrived at 1:51 p.m.
Following the inaugural reception, newly-elected Council Members Marquez and
Desjardins took their seats at the dais.
1. Closed Session
Pursuant to Government Code Section(s):
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A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Jan and Dan Batey v. City of San Bernardino - San Bernardino County
Superior Court, Case No. SCVSS 141503;
Citizens for Responsible Equitable Environmental Development v. City -
San Bernardino County Superior Court, Case No. CIVDS 918169;
City of San Bernardino Municipal Water Department v. The United States
Department of The Army - United States District Court, Case Nos. CV
96-8867 & CV 96-5205.
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)
Claim of Darren A. Johnson, Sr.
Two (2) 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
Lorelier Geri Franske v. Joshua B. and Doreen Lim - San Bernardino
County Superior Court, Case No. CIVDS 903488.
D. Closed Session - personnel - pursuant to Government Code Section
54957 :
Employee Contract - Fire 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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G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Sr. Deputy City Attorney Grider announced that the following additional cases
would be discussed in closed session:
Under Agenda Item No. lA, existing litigation:
Susan Hulse v. LAFCO and the City of San Bernardino, et al. - San
Bernardino Superior Court, Case No. CIVDS 1002077.
Under Agenda Item No. IB, significant exposure to litigation:
Agenda Item No. 16.
Under Agenda Item IG, conference with real property negotiator:
Property Address: 825 Central A venue
Negotiating Parties: Emil Marzullo, Interim Executive Director, on
behalf of the Redevelopment Agency, and Thomas
Taugher on behalf of Kohl's Department Store.
Under Negotiation: Terms and conditions for the City to acquire an
interest in real property through covenants and
conditions.
Public Comments on Closed Session Items
Susan Hulse, San Bernardino, CA, stated that she was forced to file a lawsuit
challenging the six annexations of Arrowhead Springs because she feels that LAFCO is
misusing the law in a way that affects the rights of the property owners to be fully
informed of what is going on and to protest the annexations. She does not appreciate the
way LAFCO is forcing cities to annex unincorporated islands as a trade-off to more
favorable annexations, like Arrowhead Springs, and involving cities in what she believes
is LAFCO' s illegal interpretation of the law, especially in light of the fact that the cities
have to hold harmless and defend the actions of LAFCO. She alleged that LAFCO and
the City are racing ahead to implement the changes for the islands in a way that is
confusing, misleading and detrimental to the affected property owners.
Ms. Hulse stated that it is important for the City Council to review the minutes of all of
the LAFCO meetings held since April 19, 2006, and she provided pages of interest from
each of the meetings. She recommended that the Council review the policies and
practices of the LAFCO commission prior to continuing the annexation of additional
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areas, and she asked that the City hold off on any changes until after the courts have had
an opportunity to determine the validity of the annexation.
Closed Session Announcement
City Clerk Clark announced that in closed session Council Member/ Commissioner
McCammack made a motion, seconded by Council Member/ Commissioner Johnson, to
approve the City of San Bernardino Municipal Water Department v. United States
Department of the Army Institutional Controls Groundwater Management Program
Agreement and authorized the Mayor to sign the agreement. The motion carried
unanimously.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, to approve an Amendment to the Employment
Agreement between the City and Michael Conrad, Fire Chief, with the exception of Item
NO.3 in the Amended Agreement. The motion carried with McCammack voting
"no."
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
A moment of silence was observed in memory of Dr. David Langdon Hunter and former
San Bernardino City employee Annie Ramos.
Invocation/Pledge of Allegiance
The invocation was given by the Most Reverend Gerald R. Barnes, Bishop of the
Diocese of San Bernardino. The pledge of allegiance was led by Officer William
Outlaw, San Bernardino Police Department.
Inaugural Ceremony
Oaths of office were administered by City Clerk Rachel G. Clark to Mayor Patrick J.
Morris, Councilwoman Virginia Marquez, 1" Ward; Councilman Jason Desjardins, 2nd
Ward; and Councilman Fred Shorett, 4th Ward, followed by a reception in the lobby of
City Hall.
2. Appointments
There were no commission appointments.
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3. Presentations
Rabbi Cohn, Chairman of the Bicentennial Committee, declared that the
performances of the "Legend of the Arrowhead," were a huge success. He
introduced committee member Nick Calero who announced that the next event of
the bicentennial will be the planting of 200 trees throughout the City of San
Bernardino, which will take place on three Saturdays in March--March 13, 20
and 27. Mr. Calero stated that anyone interested in participating could e-mail
him at sbtrees200@yahoo.com or they could call him at 909-240-5691.
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 Johnson made a motion, seconded by Council
Member/Commissioner Brinker, 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 Johnson made a motion, seconded by Council
Member/Commissioner Brinker, 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
16,2010. The motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated February 16, 2010, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
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Chief Examiner, dated March 1, 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. Approve the list of Local Stimulus Program (LSP) funded projects, amend
the Capital Improvements Program and authorize the Director of Finance to
amend the FY 2009/2010 Capital Improvements Budget by increasing the
Street Construction account by $2,898,703.
Staff requested a two-week continuance.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of March 15, 2010. The motion carried with Brinker and
Kelley absent.
10. RES. 2010-39 - Resolution of the City of San Bernardino approving
Amendment No. 4 to Agreement for Professional Services with Transtech
Engineers, Inc. to provide program management services for the Santa Fe
Depot Parking Structure (GB04-19).
Public Comments:
Jay Lindberg, San Bernardino, CA.
Council Member/Commissioner McCamrnack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2010-39 was adopted with Kelley absent.
11. RES. 2010-40 - Resolution of the City of San Bernardino approving an
Agreement for Services with AECOM for design of the repair of 2nd Street
bridge at Warm Creek (SS08-20).
Council Member/Commissioner Shorett stated that he had concerns regarding the
large discrepancy between the two bids that were submitted and that he could not
support this item.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2010-40 was adopted with Shorett voting "no," and Kelley
absent.
12. RES. 2010-34 - Resolution of the City of San Bernardino approving an
Agreement for Services with Transtech Engineers, Inc. for design of the
Community Center at AI Guhin Park.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-34 was adopted unanimously.
13. RES. 2010-35 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution... designating certain
streets, or portions thereof as through highways..." and establishing a three-
way stop at the intersection of Mayfield Avenue and Fifty-ninth Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-35 was adopted unanimously.
14. RES. 2010-36 - Resolution of the City of San Bernardino approving
Amendment No. 5 to Services Agreement with AECOM (Formerly LAN
Engineering Corporation) for provision of professional project management
services for the design of the Mt. Vernon Ave. Viaduct over the BNSF
Railroad.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-36 was adopted unanimously.
15. Resolution of Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with San Manuel Band of Mission
Indians to use the City of San Bernardino Police Department's firing range.
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because San Manuel is a business client.
Staff requested a two-week continuance.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of March 15, 2010. The motion carried with
McCammack abstaining and Kelley absent.
16. A 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 $428,048.37 to Fairview Ford of San
Bernardino for the purchase of one (1) Vac-con V311LHA/1300 Jet Rodder
truck to be utilized by the Public Services Department Street Division sewer
crew.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the Mayor and Common Council
reject all bids and instruct the Public Services Department to rebid the item. The
motion carried with Marquez voting "no," and Kelley absent.
17. RES. 2010-37 - 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 $107,000 with two (2) one-year extensions at
the City's option to Sloan Vazquez, LLC for a commercial container
inventory audit.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized to
amend the FY 2009110 budget and transfer $47,000 from Account No. 527-
413-5179 (Dump/Waste Fees) to Account No. 527-411-5502 (Professional/
Contractual Services); and that said resolution be adopted. The motion carried
and Resolution No. 2010-37 was adopted unanimously.
18. RES. 2010-38 - 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 $603,900 with four (4) one-year extensions
at the City's option to Nelson Paving and Grading Corporation (NPG) for
asphalt paving and repair services throughout the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-38 was adopted unanimously.
19. RES. 2010-41 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to submit the U.S. Department
of Justice Second Chance Act Adult Reentry Initiative Grant and accept the
grant award.
Public Comments:
Joe Arnett, San Bernardino, CA;
Jay Lindberg, San Bernardino, CA;
Dr. P.H. Miller, San Bernardino, CA;
Doug Barr, President and CEO of Goodwill of Southern California, San
Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2010-41 was adopted with Kelley absent.
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20. Fee waiver request from Catholic Charities of San Bernardino/Riverside for
the 2010 Block Party/Community Health Fair to be held on March 20,2010
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Desjardins, that the request from Catholic Charities of
San Bernardino/Riverside for indirect funding in the amount of $3,600.61 be
approved to assist with the 2010 Block Party/Community Health Fair; and that
the Director of Finance be authorized to transfer funds from the 2009/2010 Civic
and Promotion Fund to various City departmental accounts, as listed in the staff
report dated February 11, 2010, from Charles McNeely, City Manager. The
motion carried with Brinker and Kelley absent.
21. An 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. FIRST READING (Continued from February
16, 2010)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the matter be continued to the
Council/Commission meeting of March 15, 2010. The motion carried with
Brinker and Kelley absent.
22. 2010 New Mayors and Council Members Academy Conference Update
Council Member/Commissioner Shorett gave a brief report on his attendance at
the California League of Cities New Mayors and Council Members Conference
and workshops held January 20-22, 2010.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the report be received and filed. The
motion carried with Brinker, Kelley and McCammack absent.
PLANNING ITEMS
23. 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 February 16, 2010)
The hearing remained open.
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Desjardins, that the matter be continued to the Council/
Commission meeting of March 15, 2010. The motion carried with Brinker,
Kelley and McCammack absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Shorett, Johnson, McCamrnack; Senior Assistant City
Attorney Wilson; Economic Development Agency Interim Executive
Director Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent:
Council Members/Commissioners Brinker and Kelley.
R24. Bogh Engineering, Inc. - Construction Contract for construction of the
Eastside Skate Park and handicapped access improvements at Speicher Park,
1535 Arden A venue, San Bernardino, California (IVDA Redevelopment
Project Area) (Continued from February 16,2010)
RES. 2010-42 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving and authorizing the Redevelopment Agency of the
City of San Bernardino ("Agency") to be the lead Agency for the design and
construction of the Eastside Skate Park at Speicher Park located at 1535
Arden Avenue, San Bernardino (IVDA Redevelopment Project Area).
RES. CDC/2010-7 - 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 Construction Contract by and between
the Agency and Bogh Engineering, Inc., for construction of the Eastside
Skate Park at Speicher Park located at 1535 Arden A venue, San Bernardino
(IVDA Redevelopment Project Area).
Council Member/Commissioner McCamrnack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolutions A and B, be
adopted. Mayor and Common Council Resolution No. 2010-42 and
Community Development Commission Resolution No. CDC/2010-7 were
adopted with Brinker and Kelley absent.
R25. In-N-Out Burger, Inc., a California Corporation - Redevelopment Project
Study and Exclusive Right to Negotiate Agreement (Central City North
Redevelopment Project Area)
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RES. CDC/2010-8 - 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 a Redevelopment Project Study and
Exclusive Right to Negotiate Agreement by and between the Agency and In-
N-Out Burger, Inc., a California Corporation, concerning Agency owned
property located at the southeast corner of 51b and "H" Streets (Central City
North Redevelopment Project Area).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2010-8 was adopted with Brinker and Kelley absent.
26. Public Comments
Jay Lindberg, San Bernardino, CA, stated that he was against the Walmart
project (Agenda Item No. 23) because Stater Bros., who pays good middle class
wages with health insurance, is being forced to compete with Walmart, who pays
third world wages to their employees and offers no health insurance.
Jeff Sloan, San Bernardino, CA, spoke regarding a citation he received in late
August that he has been trying to resolve, but it is a hardship because he is
currently unemployed.
Ashlie Delgado, San Bernardino, CA, stated that the Young Visionaries, a youth-
led program that advocates against gang gun violence, extended an invitation to
the San Bernardino City Council and the community to attend their youth-led
town hall meeting to discuss gang and gun issues, which will be held at the Boys
and Girls Club on 9th Street in San Bernardino on March 17, 2010, from 6 - 7:30
p.m. She stated that they have declared April as National Teen Violence
Awareness Month and will be hosting anti-gang gun violence assemblies and
peace rallies throughout the San Bernardino City Unified School District.
Warner Hodgdon, San Bernardino, CA, requested that extra copies of the
backup materials be made available for the public at the upcoming budget meeting
on March 11, 2010.
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27. Adjournment
At 6:13 p.m., the meeting adjourned to 4 p.m., Thursday, March 11,2010, in
the Economic Development Agency Boardroom to consider the Fiscal Year
2009/10 City and Economic Development Agency mid-year budgets. The next
joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, March 15, 2010.
RACHEL G. CLARK
City Clerk
By ~./Lff;ht1AJ
Linda Sutherland
Deputy City Clerk
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