HomeMy WebLinkAbout11-15-2010 MinutesMayor Patrick J. Morris
CITY OF SAN BERNARDINO Council Members:
Virginia Marquez
300 N. "D "Street
Jason Desjardins
San Bernardino, CA 92418 Tobin Brinker
Website: www.sbcity.org 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
NOVEMBER 15, 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 1:39 p.m., Monday, November 15, 2010, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Shorett, Johnson, McCammack; City Attorney Penman;
Assistant City Manager Kurita; City Clerk Clark.
Absent: Council Members/Commissioners Brinker and Kelley.
Council Member/Commissioner Kelley arrived at 1:59 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):
Edward King and AJA Jaeger v. City of San Bernardino, Officer Adam
Affrunti in his individual capacity; Officer Elizabeth Contreras in her
individual capacity; and DOES 1-10, inclusive - United States District
Court, Case No. CV 09-01339 SJO (PJWx);
1 11/15/2010
Estate of Terry Nash, by and through successor -in -interest Sheryl
Jackson and Terry Nash; Sheryl Jackson; and Terry Nash v. City of San
Bernardino; and DOES 1-10, Inclusive - United States District Court,
Case No. CV 09-08671 RGK (FFMx);
Human Potential Consultants LLC v. City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVDS 917268;
City of San Bernardino v. Dainn Caldera - San Bernardino County
Superior Court, Case No. CIVDs 916001;
Samuel De Leon, et al. v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVDS 1008140;
Eric Daniel Hannifin v. Esli Quinonez Castillo; Jesus Perez; City of San
Bernardino, and Does I to 80 - San Bernardino County Superior Court,
Case No. CIVDS 1005742;
Donnavan Parker, v. City of San Bernardino and DOES I through 15 -
San Bernardino County Superior Court, Case No. CIVDS 1013471;
Virgil Larone Taylor v. City of San Bernardino; San Bernardino Police
Department; Sergeant. Brad Lawrence; Officer Gerald Beall; Officer
Bennett; Officer White; Officer Everett; Detective Vicki Cervantes; and
Forensic Specialist Brenda Shaw - United States District Court EDCV
09-01656 CJC (JC);
Michael Anthony Rey, by and through his guardian, ad litem, Christy
Luna v. City of San Bernardino, Michael Billdt, Sgt. R. Topping, Officer
Chris Gray, Officer J. Simpson, Officer C. Dai, and Does I through 50,
inclusive - San Bernardino County Superior Court, Case No. CIVDS
1009578;
Hector Briones and Roseland Harding v. City of San Bernardino, San
Bernardino City Police Department, San Bernardino City Chief of Police
Keith L. Kilmer, Adam Affrunti, State of California, California Highway
Patrol, Does I - 10 - United States District Court CV 10-7571 CBM
(Opx);
Cedric May Sr.; Brenda Standi fer; S.D.M. and S.J.M. , minors, by and
through their guardian ad litem Sasha Graves; Maurice Jennings;
Anthony Jennings; and Jashanda Standifer v. City of San Bernardino;
Officer Joseph Aguilar; Officer Jose Vasquez; Officer Byron Clark;
Officer Langston Canright; Officer Melissa Flint; Sergeant James Beach;
and Does 1 - 10, inclusive - United States District Court EDCV 10-00978
VAP (DTBx);
11/15/2010
Francisco Yovani Sanchez Joaquin, an individual v. City of San
Bernardino, a body corporate and politic; Langsdon Canright, an
individual M. Flint, an individual; and Does I - 10 - United States
District Court 10-07138 CAS (rcx);
Husam Suleiman, an individual v. City of San Bernardino, a Municipal
Entity, Does I - 100, inclusive - San Bernardino County Superior Court,
Case No. CIVDS 1014758;
Landmark American Insurance Company v. City of San Bernardino - San
Bernardino County Superior Court, Case No. CIVDS 1015159.
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 Ariel Tello
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.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Fire Safety
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
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Central City North Redevelopment Project Area
1. Property Address: Agency -owned former CinemaStar
Theater
4' and "E" Streets, San Bernardino
Negotiating Parties: Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and John
Roper on behalf of Regal/Edwards
Entertainment Company.
Under Negotiation: Lease rate, terms and conditions.
Central City North Redevelopment Project Area
2. Property Address: 295 Carousel Mall, San Bernardino
Negotiating Parties
Under Negotiation
Closed Session - Public Comments
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and Donald
Chae and Min Chae, Managers of
PLACO San Bernardino, LLC
(Carousel Mall).
Purchase price, terms and
conditions.
Joe Bonadiman, San Bernardino, CA, spoke regarding the CinemaStar Theater, stating
that he thought that the people that have a real stake in the community should at least be
able to review some of the business deals that come before the Mayor and Council and
be able to provide their input.
Ron Coats, San Bernardino, CA, stated that given the City's financial position, not one
single penny of the City's money should be spent to acquire the theater.
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.
4 11/15/2010
Moment of Silence
A moment of silence was observed in memory of William D. Smith, who recently
retired from the San Bernardino Police Department, and Ryan Bonaminio, a Riverside
police officer, who was shot and killed in the line of duty.
Invocation/Pledge of Allegiance
The invocation was given by Sister Maureen Chicoine of Our Lady of Hope Catholic
Church. The pledge of allegiance was led by Rachel Knerr, a fifth grade student from
Barton Elementary School.
2.
3
Appointments
Samuel Williams Jr. - Fine Arts Commission - Council Member Kelley
(2A)
Robert G. Vega - Parks and Recreation Commission - Mayor Morris (213)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the appointments of Samuel Williams Jr.
to the Fine Arts Commission and Robert G. Vega to the Parks and Recreation
Commission, as requested by Council Member Kelley and Mayor Morris, be
approved. The motion carried with Brinker absent.
Presentations
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
Kenneth Joswiak
Gina Ornelas
Elizabeth Contreras
Sue Hoak
Betty Menor
Lyle Reyes
Isela Apodaca
Department
Parks, Recreation &
Community Services
Parks, Recreation &
Community Services
Police
Police/Animal Control
Police
Police
SBETA
Years of Service
30
5
5
30
30
20
10
Mayor Morris presented a Resolution of Commendation to Rachel "Rocky"
May, secretary in the Police Department, commending her for her many years
of service and congratulating her on her retirement.
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Rabbi Emeritus Hillel Cohn, Chairman of the Bicentennial Ad Hoc Committee,
provided a final report on the activities of the committee, and Certificates of
Appreciation and framed plaques were presented by the Mayor and Council
members to those who served as their representatives on the committee.
The City's Federal lobbyist, Letitia White of Innovative Federal Strategies,
presented a report on legislation at the Federal level.
Dave Mlynarski of Transtech Engineering presented a check to the City for the
purchase of a high definition monitor for electronic plan checking.
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 Shorett 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 with
Brinker absent.
6. Claims & Payroll
Council Member/Commissioner Shorett 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 November 4,
2010, from Barbara Pachon, Director of Finance, be approved. The motion
carried with Brinker absent.
7. Personnel Actions
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the personnel actions, as submitted by the
Chief Examiner, dated November 10, 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 with
Brinker absent.
6 11/15/2010
8. Mayor and Common Council and Community Development Commission
Regular Meeting dates for 2011
Council Member/Commissioer Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council and the
Community Development Commission approve the following dates for regular
meetings of the Mayor and Common Council/Community Development
Commission for the year 2011: January 10; January 24; February 7; February
22 (Tuesday due to holiday); March 7 and 21; April 4 and 18; May 2 and 16;
June 6 and 20; July 5 (Tuesday due to holiday); July 18; August 1 and 15;
September 6 (Tuesday due to holiday); September 19; October 3 and 17;
November 7 and 21; December 5 and 19. The motion carried with Brinker
absent.
9. ORD. MC-1337 - An Ordinance of the City of San Bernardino amending
Sections 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.114,
15.04.120, 15.04.125, 15.04.130, 15.04.163, 15.04.165, 15.04.167,
15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210, 15.04.220,
15.04.221, 15.04.230, 15.10.040, 15.10.080, and 12.32.020 and repealing
Sections 15.04.110 and 12.32.060 of the San Bernardino Municipal Code
and adopting by reference the 2007 edition of the California Building
Standards Code, known as the California Code of Regulations, Title 24
(CCR, T-24), incorporating the International Building Code, 2006 Edition,
the Uniform Mechanical Code, 2006 Edition, the Uniform Plumbing Code,
2006 Edition, the National Electrical Code, 2005 Edition; and adopting the
Uniform Housing Code, 1997 Edition, the Uniform Administrative Code,
1997 Edition, the Uniform Code for the Abatement of Dangerous Buildings,
1997 Edition, and amending those California Building Standards as
identified herein, through express findings of local necessity. FINAL
READING (Continued from November 1, 2010)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance
No. MC-1337 was adopted with Brinker absent.
10. ORD. MC-1339 - An ordinance of the Mayor and Common Council of the
City of San Bernardino, California repealing Chapter 5.68 and adopting a
new Chapter 8.14 of the San Bernardino Municipal Code regarding yard
sales. FINAL READING (Continued from November 1, 2010)
Public Comments:
Joe Ortiz, San Bernardino, CA.
7 11/15/2010
11
Council Member/Commissioner McCammack stated that she would like the
ordinance referred back to the Legislative Review Committee to consider
allowing seniors to have the occasional yard sale when they need it rather than
on the dates specified in the current language.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said ordinance be adopted and
referred back to the Legislative Review Committee. The motion carried and
Ordinance No. MC-1339 was adopted with Brinker absent.
ORD. MC-1338 - An ordinance of the City of San Bernardino amending
Municipal Code Section 19.06.020 (Development Code) Table 06.01 and
Section 19.06.030(2)(H) to permit drive-thru restaurants in a specified area
of the CR-2, Commercial Regional Downtown Land Use District, subject to
approval of a conditional use permit. FINAL READING (Continued from
November 1, 2010)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance
No. MC-1338 was adopted with Brinker absent.
12. Item deleted
13. ORD. MC-1340 - Ordinance of the City of San Bernardino amending
Chapter 15.16 of the San Bernardino Municipal Code and adopting the
2010 California Fire Code, with appendices, and incorporating by reference
the 2009 Edition of the International Fire Code and necessary California
Amendments, together with California Code of Regulations, Title 24.
FINAL READING (Continued from November 1, 2010)
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance
No. MC-1340 was adopted with Brinker absent.
14. 2010 and 2011 Holiday Closure Days
Public Comments:
Joe Ortiz, San Bernardino, CA.
8 11/15/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the closure of City Hall for Christmas Eve/Christmas Day on
Wednesday, December 22, 2010, and Thursday, December 23, 2010; and New
Year's Eve/New Year's Day on Wednesday, December 29, 2010, and
Thursday, December 30, 2010. The motion carried with Shorett voting "no"
and Brinker absent.
15. Establish salaries for Fire Department Ranges P-1, P-2, P-3, and P-4,
effective August 1, 2010
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that salaries for Fire Department
Ranges P-1 (Firefighter), P-2 (Paramedic), P-3 (Fire Engineer) and P-4 (Fire
Investigator/Captain) be established, effective August 1, 2010; that the Human
Resources Department be authorized to amend Resolution No. 6429 to reflect
the above action; and that the Director of Finance be authorized to amend the
FY 2010/2011 budget. The motion carried with Brinker absent.
16. RES. 2010-369 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment to the
Professional Services Agreement between the City of San Bernardino and
Bruce Dunams.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-369 was adopted with Brinker absent.
17. RES. 2010-376 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a purchase order to Compucom for a one
year continuance of the software assurance contract for Microsoft Office
Professional Plus on 900 City PCs.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-376 was adopted with Brinker absent.
9 11/15/2010
18. RES. 2010-377 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submission of the Cal -Grip Grant for Fiscal
Year 2011 and authorizing the City Manager to accept the Grant Award.
Council Member/Commissioner McCammack abstained because one of the
recipients is a business client. She left the Council Chambers and returned after
the vote was taken.
Public Comments:
Sandy Bonea, Urban Youth Conservation Corps.
Bobby Vega, Urban Youth Conservation Corps.
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. 2010-377 was adopted with McCammack abstaining and Brinker
absent.
19. RES. 2010-370 - Resolution of the City of San Bernardino ratifying the
submittal of grant applications to the US Soccer Foundation for funding in
the amount of $78,755 for the purchase of maintenance equipment,
irrigation supplies and program scholarships and awards for the 3'd Annual
Independence Cup, at the San Bernardino Soccer Complex.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-370 was adopted with Brinker absent.
20. Resolutions by the Mayor and Common Council to enter into a contract for
crossing guard services with All City Management Services for two crossing
guard positions at Belvedere Elementary School, and to amend the San
Manuel Policing District Services Agreement adopted by Resolution No.
2010-278.
RES. 2010-371 - Resolution by the Mayor and Common Council to
authorize the execution of Amendment No. 1 to the San Manuel Policing
District Agreement approved by Resolution No. 2010-278. (20A)
RES. 2010-372 - Resolution by the Mayor and Common Council to enter
into a contract for crossing guard services with All City Management
Services for two crossing guard positions at Belvedere Elementary School.
(20B)
Council Member/Commissioner McCammack abstained because the school
district is a business client.
10 11/15/2010
City Attorney Penman abstained because his wife serves on the school board.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions be adopted. Resolution
Nos. 2010-371 and 2010-372 were adopted with McCammack abstaining and
Brinker absent.
21. RES. 2010-373 - Resolution of the Mayor and Common Council of the City
of San Bernardino superseding Resolution 2009-123 and establishing the
schedule of parking penalties for parking violations as set forth in the City
of San Bernardino Municipal Code and the California Vehicle Code.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-373 was adopted with Brinker absent.
22. Authorize the execution of an amendment to Commercial Roofing Systems,
Inc. for unforeseen costs related to the roof replacement at the Police
Department Annex "B" Project.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the City Manager be authorized to
execute Contract Change Order No. One with Commercial Roofing Systems,
Inc. for the additional repairs at the Police Department Annex "B" project. The
motion carried with Brinker absent.
23. RES. 2010-374 - Resolution of the City of San Bernardino authorizing the
City Manager to execute Amendment No. 1 to an agreement with RCE
Consultants, Inc. for professional civil engineering services for design of a
median in Fourth Street at Tiajuana Street (SS06-37).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-374 was adopted with Brinker absent.
24. Set public hearing for January 10, 2011 at 4:00 p.m. for review of Sewer
Treatment Rate Study 2011-2015
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that a public hearing be set for January 10,
2011, at 4:00 p.m. for review of Sewer Treatment Rate Study 2011-2015. The
motion carried with Brinker absent.
11 11/15/2010
25. Public Hearing - An ordinance establishing the Emergency Shelter Overlay
District and designating applicable areas (Development Code Amendment
No. 10-06) (Continued from November 1, 2010)
An ordinance of the City of San Bernardino amending San Bernardino
Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table
06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the
Emergency Shelter Overlay District and designate applicable areas. FIRST
READING
The hearing remained open.
Terri Rahhal, City Planner, provided background information. She concluded
her remarks by stating that this Overlay District is an important component of
the City's General Plan Housing Element; therefore, staff was recommending
approval.
Council Member/Commissioner Desjardins stated that with the additional
acreage that had been added (Area D-6), his proposal would be to delete Area
D-5 and designate Area D-6 as a replacement for it. He said he would not
support the item as long as Area D-5 was included due to its proximity to an
elementary school.
City Attorney Penman admonished Mr. Desjardins, stating that his comments
were out of order and prejudicial to the City since this matter had been
discussed in closed session. He requested that the Mayor ask Mr. Desjardins to
refrain from making comments about what has happened in closed session, and
the Mayor complied.
Council Member/Commissioner McCammack stated that Area D-6 was also
adjacent to a school.
Council Member/Commissioner Shorett asked if it was that simple to take out
Area D-5, especially since the City is striving for compliance with a State
requirement. He questioned whether the State requirement had to do with total
acreage throughout the City, insofar as taking Area D-5 out and replacing it
with Area D-6.
Ms. Rahhal responded that there is a certain amount of acreage overall that has
been included and it is approximately 170 acres throughout the city. She stated
that there would be an exercise involved in demonstrating the City's ability to
still meet the needs that have been estimated, and she believed that staff could
still do that even with losing the acreage from Area D-5. She added that Area
D-6 is almost half a mile from the existing school, whereas in Area D-5 the
school is much closer.
12 11/15/2010
No public comments were received.
Council Member/Commissioner Desjardins made a motion, seconded by
Council Member/Commissioner Kelley, that the hearing be closed; and that said
ordinance be laid over for final adoption, with elimination of Area D-5 and
replacing it with Area D-6 in the City's Emergency Shelter Overlay District.
The motion carried with Kelley and McCammack voting "no."
Subsequently, Council Member/Commissioner Shorett changed his "yes"
vote to a "no" vote, resulting in a tie.
Mayor/Chairman Morris broke the tie with a "yes" vote, and the motion
carried.
26. Resolution of the City of San Bernardino establishing a fair market value
and sales price of $22,000 and declaring the intention of the City to sell City
of San Bernardino Municipal Water Department owned property generally
located northeasterly of Meyers Road and west of Martin Ranch Road to
Montecito Equities, LTD. and setting a public hearing for December 20,
2010 at 4:00 p.m., to consider said sale. (Continued from October 18, 2010)
Staff requested that this item be continued to the next meeting, at which time a
new public hearing date would be set.
Public Comments:
Lynette Kaplan, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Marquez, that the matter be continued to the Council/
Commission meeting of December 6, 2010. The motion carried with Brinker
absent.
27. Resolution of the Mayor and Common Council of City of San Bernardino
authorizing the City Manager to execute an Agreement for Professional
Transportation Modeling Services with Srinivasa S. Bhat. (Continued from
November 1, 2010)
Note: No resolution was distributed with the backup materials.
Staff requested that this item be continued to the next meeting.
13 11/15/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of December 6, 2010. The motion carried with
Brinker absent.
28. That the Mayor, City Manager and EDA Director (Interim or otherwise)
are required to inform all Council Members of any projects or issues
involving the Council Member's ward at the inception of said idea, project
or issue
Council Member/Commissioner McCammack read into the record a motion she
was proposing regarding this matter.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Desjardins, to approve the motion suggested by Ms.
McCammack, as follows: That the Mayor, Council Members, City Manager
and EDA Director (interim or otherwise) are required to inform a Council
member of any projects or issues involving said Council member's ward
sufficiently in advance of any committee or public discussion of such a matter,
so the Council members and the Mayor may provide their individual input and
solicit community input prior to any staff time or resources being expended.
The motion carried with Brinker absent.
29. Ordinance of the City of San Bernardino amending Section 10.52.050 of
Chapter 10.52 of the San Bernardino Municipal Code to establish a fifty
mile per hour speed limit on Alabama Street between Third Street and the
southern city limits approximately 1/2 mile south of 3rd Street. FIRST
READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said ordinance be laid over for
final adoption. The motion carried with Brinker and Kelley absent.
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Shorett, Kelley, Johnson, McCammack; City Attorney
Penman; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent: Council Member/Commissioner Brinker.
14 11/15/2010
R30. Professional Services Agreement with MAPCO Corporation for Design and
Engineering Services for Handicapped Access Street Improvement Projects
RES. CDC/2010-60 - 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 MAPCO Corporation for Professional
Consulting and Engineering Services for Handicapped Access Street
Improvement Projects (40' Street, South Valle, IVDA and Northwest
Redevelopment Project Areas).
Council Member/Commissioner Desjardins made a motion, seconded by
Council Member/Commissioner Marquez, that said resolution be adopted.
Resolution No. CDC/2010-60 was adopted with McCammack voting "no"
and Brinker absent.
R31. Allocation of Energy Efficiency Conservation Block Grant funds to the
Redevelopment Agency of the City of San Bernardino
RES. 2010-378 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the allocation of $86,465 in
Energy Efficiency Conservation Block Grant ("EECBG") funds to the
Redevelopment Agency of the City of San Bernardino ("Agency"). (R31A)
RES. CDC/2010-61 - 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 accept $86,465 in Energy Efficiency
Conservation Block Grant ("EECBG") funds from the City of San
Bernardino ("City"). (R31B)
Council Member/Commissioner McCammack stated that she would like to see a
policy established that when a letter goes out on City letterhead that is offering a
commercial energy efficient retrofit program, that we at least try to use a local
company, or at least a local County company, and not a company from Orange
County, Riverside County, or L.A. County. This would give the work to local
companies and also allow better recourse if something goes wrong.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Desjardins, that said resolutions A and B, be
adopted. Mayor and Common Council Resolution No. 2010-378 and
Community Development Commission Resolution No. CDC/2010-61 were
adopted with Brinker absent.
15 11/15/2010
R32. CPT/SC Title Holding Corporation Electronic Message Sign at Hospitality
Lane and Waterman Avenue Adjacent to the I-10 Freeway
RES. 2010-379 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a License Agreement with the CPT/SC Title
Holding Corporation for an off -site electronic message center freeway sign
for the Hospitality Business District and accepting an easement granted by
CPT/SC Title Holding Corporation. (R32A)
RES. CDC/2010-62 - Resolution of the Community Development
Commission of the City of San Bernardino authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a three -party agreement by and among
the City of San Bernardino, the Agency and CPT/SC Title Holding
Corporation regarding an electronic message sign at a 1.53 acre site on the
south side of Hospitality Lane, west of Waterman Avenue (Southeast
Industrial Park). (R32B)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2010-379 and Community
Development Commission Resolution No. CDC/2010-62 were adopted with
Brinker absent.
R33. Approval of Change Order No.1 to the Public Works Construction Contract
with Weka, Inc., for the relocation and construction of the sanitary sewer
line for the State Courthouse Project (Central City East Redevelopment
Project Area)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Community Development
Commission of the City of San Bernardino authorize and approve Change Order
No. 1 to the Public Works Construction Contract with Weka, Inc. (Central City
East Redevelopment Project Area). The motion carried with Brinker absent.
34. RES. 2010-375 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odlum & Haws and the City of San
Bernardino in the case of San Bernardino Public Employees' Association,
Robert Michael Yandell, et al. v. City of San Bernardino, et al.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-375 was adopted with Brinker absent.
16 11/15/2010
35. RES. 2010-368 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the decommission of the San Bernardino
Bicentennial Ad Hoc Committee.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-368 was adopted with Brinker absent.
36. Public Comments
Joe Ortiz, San Bernardino, CA spoke regarding the recently defeated Measure
C.
37. Adjournment
At 6:04 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., Monday, December 6, 2010.
RACHEL G. CLARK
City Clerk
By: e
Linda E. Hartzel
Deputy City Clerk
17 11/15/2010