HomeMy WebLinkAbout06-21-2010 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
Wemry McCammack
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 21,2010
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 1:34 p.m., Monday, June 21, 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,
Brinker, Shorett, Kelley, Johnson; Senior Assistant City Attorney
Wilson; City Manager McNeely; City Clerk Clark.
Absent:
Council Members/Commissioners Desjardins and McCammack.
Council Member/Commissioner Desjardins arrived at 1:50 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):
Susan Hulse v. LAFCO & City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVDS 1002077;
06/21/2010
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)
One case
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:
~id-~anagement
General
~anagement/Confidential
Fire Safety
Fire ~anagement
Police ~anagement
Police
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Senior Assistant City Attorney Wilson announced that the following additional
item would be discussed under Agenda Item IB, significant exposure to
litigation:
Disability claim of ~ichael Billdt.
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 ~ayor and Common Council and Community
Development Commission.
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06/21/2010
Moment of Silence
A moment of silence was observed in memory of Dr. Randall Kersten, Anastacio Cruz,
Irmi Blum, Craig Jure, Amarion Adams, and members of the family destroyed by
gunfire this past weekend.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David Starr of S1. John's Episcopal Church.
The pledge of allegiance was led by Dijerra Torrence, a fifth grade student from
Roosevelt Elementary School.
2. Appointments
There were no commission appointments.
3. Proclamations & 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
Department
Years of Service
Larry Martin
Darren Hall
Tiffany Emon
Tamara Mayo
Robert Snyder
Information Technology
Development Services
Police
Police
Police
20
5
5
5
10
Council Member Kelley presented a Resolution of Commendation to Dr.
Kimberly Nicole Jackson, daughter of Cheryl Weeks, Administrative Supervisor
in the City Council Office, who recently received her medical degree from Ohio
State University.
Council Member Johnson presented the Citizen of the Month Award to longtime
community volunteer Robert Hampton.
Beverly Powell of the Southern California Edison Public Affairs Division,
provided information on ways to conserve energy and Edison's discount
program, which is available to customers. She distributed a document titled,
"Southern California Edison 2010 State of the Utility" to the elected officials
and city manager.
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, spoke regarding
the San Bernardino's Got Talent show held on June 19 at the Sturges
Auditorium, announced the July Extravaganza to be held July 4 at 5 p.m. at the
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06/21/2010
Arrowhead Credit Union Stadium, and encouraged people to buy a copy of the
bicentennial coffee table book covering 1810-2010, which was prepared by The
Sun newspaper. Reverend Petra Sternberg spoke regarding the Mural of Faith
and what our citizens envision for our city.
James Douglas, Principal Consultant with InfraConsult LLC, provided a
PowerPoint presentation regarding the Big Bear Modal Alternatives Analysis.
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. Council Member
Marquez requested that the matter regarding potential charter changes be placed
on the agenda for the June 30,2010, budget meeting.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, 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
McCammack absent.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, 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: April
22, 2010; April 27, 2010; May 17, 2010, The motion carried with
McCammack absent.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated June 2, 2010,
from Barbara Pachon, Director of Finance, be approved. The motion carried
with McCammack absent.
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06/21/2010
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the personnel actions, as submitted by the
Chief Examiner, dated June 17, 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
McCammack absent.
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a renewal agreement between the
City of San Bernardino and Progressive Solutions, Inc. for revenue
recovery and software license agreement for software and revenue recovery
services.
Note: No resolution was distributed with the backup materials.
Note: Item 9 was originally approved during the vote on the consent calendar;
subsequently, Senior Assistant City Attorney Wilson advised the Council that
Item 9 needed to be continued to the meeting scheduled for June 23,2010.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council!
Commission budget meeting scheduled for June 23, 2010. The motion carried
with McCammack absent.
10. RES. 2010-140 - Resolution of the Mayor and Common Council authorizing
the City Manager to execute an agreement with Junior University of San
Bernardino for the use of the Roosevelt Bowl at Perris Hill Park and
ratifying any action taken between May 1, 2010 and the date that this
resolution is adopted.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-140 was adopted with McCammack absent.
II. RES. 2010-141 - Resolution of the Mayor and Common Council of the City
of San Bernardino acknowledging the receipt and fIling of the Annual
Statement of Investment Policy for the period July 1, 2010 through June 30,
2011.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-141 was adopted with McCammack absent.
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12. Resolutions approving the 2010/2011 Assessment Rolls - various Assessment
Districts
RES. 2010-146 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 951, Zone 1 and
Zone 2, Landscaping Construction and Maintenance District, Wagonwheel
Road Area. (12A)
RES. 2010-201 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2,
Zone 2A, and Zone 3, Landscaping Construction and Maintenance District,
State University Area. (12B)
RES. 2010-202 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 953, Landscaping
Maintenance District, 16th Street and Medical Center Drive Area. (12C)
RES. 2010-147 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 956, Landscaping
Maintenance District, Carnegie Drive Area. (12D)
RES. 2010-148 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 959, Zone 1 and
Zone 2, Landscaping Maintenance Assessment District, Shandin Hills Area.
(12E)
RES. 2010-149 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 962, Sewer Lift
Station Maintenance District, Pine Avenue Area. (12F)
RES. 2010-150 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 963, Sewer Lift
Station Maintenance District, Allen Street Area. (12G)
RES. 2010-151 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 968, Landscaping
Maintenance District, Airport Drive. (12H)
RES. 2010-152 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 974, Landscaping
Maintenance District, Rialto A venue and Eucalyptus A venue Area. (121)
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RES. 2010-153 - Resolution of the City of San Bernardino comrrming the
2010/2011 Assessment Roll for Assessment District No. 975, Landscaping
Maintenance District, Pepper Avenue and Mill Street Area. (12J)
RES. 2010-154 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 976, Landscaping
Maintenance District, Pine Avenue and Belmont Avenue Area. (12K)
RES. 2010-155 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 981, Landscaping
Maintenance District, Meridian Avenue and Randall Avenue Area. (l2L)
RES. 2010-156 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 982, Landscaping
Maintenance District, Piedmont Drive Area. (12M)
RES. 2010-157 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 986, Landscaping
Maintenance District, Rialto A venue and Macy Street Area. (12N)
RES. 2010-158 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 989, Sewer Lift
Station and Landscaping Maintenance District, Mill Street and Macy Street
Area. (120)
RES. 2010-159 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 991, Landscaping
Maintenance District, Verdemont Drive and Olive Avenue Area. (12P)
RES. 2010-160 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 993, Landscaping
Maintenance District, Cajon Boulevard and June Street Area. (12Q)
RES. 2010-161 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 997, Landscaping
Maintenance District, Chestnut A venue Area. (12R)
RES. 2010-162 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1001, Landscaping
Maintenance District, Pennsylvania Avenue and Birch Street Area. (12S)
RES. 2010-163 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1002, Landscaping
Maintenance District, "B" Street Area. (12T)
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06/21/2010
RES. 2010-164 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1005, Landscaping
Maintenance District, Cajon Boulevard and Pepper Linden Avenue
(Campus Parkway) Area. (12U)
RES. 2010-165 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1007, Landscaping
Maintenance District, Pepper Avenue and Randall Avenue Area. (12V)
RES. 2010-166 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1012, Landscaping
Maintenance District, Mill Street and Burney Street Area. (12W)
RES. 2010-167 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1016, Landscaping
Maintenance District, Coulston Street Area. (12X)
RES. 2010-168 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1017, Landscaping
Maintenance District, Pine Avenue and Kendall Drive Area. (12Y)
RES. 2010-169 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1018, Northpark
Boulevard and Mountain Drive Acquisition Assessment District. (12Z)
RES. 2010-170 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1019, Landscaping
Maintenance District, Northpark Boulevard and Mountain Drive Area.
(12AA)
RES. 2010-171 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1020, Landscaping
Maintenance District, Mill Street and Dallas Avenue Area. (12BB)
RES. 2010-172 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1022, Zone 1, Zone
2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment
District, SBIAA/ Alliance California Area. (12CC)
RES. 2010-173 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1023, Landscaping
Maintenance District, Elm A venue and Coulston Street Area. (12DD)
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06/21/2010
RES. 2010-174 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1024, Landscaping
Maintenance and Sewer Lift Station District, Inland Center Drive and
Riverwalk Drive Area. (12EE)
RES. 2010-175 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1025, Landscaping
Maintenance District, Palm Avenue and Washington Street Area. (12FF)
RES. 2010-176 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1027, Landscaping
Maintenance District, Waterman Avenue and Washington Street Area.
(12GG)
RES. 2010-177 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1028, Landscaping
Maintenance District, Ohio Avenue and Walnut Avenue Area. (12HH)
RES. 2010-178 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1029, Landscaping
Maintenance District, California Street and 16th Street Area. (1211)
RES. 2010-179 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1030, Landscaping
Maintenance District, Magnolia Avenue and Ohio Avenue Area. (12JJ)
RES. 2010-180 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1031, Landscaping
Maintenance District, Irvington Avenue and Olive Avenue Area. (12KK)
RES. 2010-181 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1032, Landscaping
Maintenance District, Palm Avenue and Verdemont Drive Area. (12LL)
RES. 2010-182 - Resolution of the City of San Bernardino confirming the
2010/2011 Special Tax for certain parcels of real property within
Community Facilities District No. 1033 for a portion of the operation and
maintenance costs of the Verdemont Fire Station. (12MM)
RES. 2010-183 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1035, Zone 1 and
Zone 2, Landscaping Maintenance District, Palm A venue and Meyers Road
Area. (12NN)
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RES. 2010-184 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1036, Landscaping
Maintenance District, Northpark Boulevard and Campus Parkway Area.
(1200)
RES. 2010-185 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1037, Landscaping
Maintenance District, Belmont Avenue and Magnolia Avenue Area. (12PP)
RES. 2010-186 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1038, Landscaping
Maintenance District, Orange Show Road and Arrowhead Avenue Area.
(12QQ)
RES. 2010-187 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1039, Landscaping
Maintenance District, Irvington A venue and Chestnut A venue Area. (12RR)
RES. 2010-188 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1040, Landscaping
Maintenance District, Acacia Avenue and Hill Drive Area. (12SS)
RES. 2010-189 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1041, Landscaping
Maintenance District, Magnolia Avenue and Ohio Avenue Area. (12TT)
RES. 2010-190 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1042, Landscaping
Maintenance District, Shandin Hills Drive and Shady Creek Drive Area.
(12UU)
RES. 2010-191 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1043, Zone 1 and
Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington
Avenue Area. (12VV)
RES. 2010-192 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1045, Landscape
Maintenance District, located in the Waterman Avenue and Orange Show
Road Area. (12WW)
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RES. 2010-193 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1046, Landscape
Maintenance District, Northpark Boulevard and Northstar A venue Area.
(12XX)
RES. 2010-194 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1047, Landscape
Maintenance District, located in the Ohio Avenue and Pine Avenue Area.
(12YY)
RES. 2010-195 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1050, Landscape
Maintenance District, located in the Pepper A venue and Rialto Avenue
Area. (12ZZ)
RES. 2010-196 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1052, Landscape
Maintenance District, located in the Belmont Avenue and Chestnut Avenue
Area. (12AAA)
RES. 2010-197 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1057, Landscape
Maintenance District, located in the Cajon Boulevard and University
Parkway Area. (12BBB)
RES. 2010-198 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1059, Landscape
Maintenance District, located in the Orange Show Road and Tippecanoe
Avenue Area. (12CCC)
RES. 2010-199 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1063, Landscape
Maintenance District, located in the Central Avenue and Lena Road Area.
(12DDD)
RES. 2010-200 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1064, Landscape
Maintenance District, located in the Cajon Boulevard and Glen Helen
Parkway Area. (12EEE)
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RES. 2010-203 - Resolution of the City of San Bernardino authorizing and
setting the Special Tax Rate for that certain area generally located North of
Highland Avenue, East of Golden Avenue for Paramedic Services, Special
Tax Area 2006-1, and approving the Fiscal Year 2010/2011 Tax Roll.
(12FFF)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A-FFF be adopted, except
for resolutions B, C, and FFF. The motion carried and Resolution Nos.
2010-146 through 2010-200 were adopted with McCammack absent.
Council Member/Commissioner Kelley stated that he would abstain on l2B
because he owns property within 500 feet of Assessment District No. 952.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett that said resolution B be adopted. The motion
carried and Resolution No. 2010-201 was adopted with Kelley abstaining
and McCammack absent.
Council Member/Commissioner Johnson stated that he would abstain on l2C
because he owns property within 500 feet of Assessment District No. 953 and
l2FFF because his wife has a conflict regarding that item.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolutions C and FFF be adopted.
The motion carried and Resolution Nos. 2010-202 and 2010-203 were
adopted with Johnson abstaining and McCammack absent.
13. RES. 2010-142 - Resolution of the City of San Bernardino authorizing
execution of Amendment No. 1 to Agreement for Services with Hilltop
Geotechnical, Inc. for geotechnical investigations and construction material
testing.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-142 was adopted with McCammack absent.
14. RES. 2010-143 - Resolution of the City of San Bernardino authorizing
execution of Amendment No. 1 to agreement for services with Joseph E.
Bonadiman & Associates, Inc. for on-call surveying and map checking
support.
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06121/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-143 was adopted with McCammack absent.
15. Reject all bids for Parking Lot Accessibility Improvements at the Carousel
Mall (SS-B), per Project Plan No. 12699
Prior to voting on the Consent Calendar, City Clerk Clark announced that the
recommended motion should be to reject all bids, rather than a continuation to
July 6,2010, as indicated on the agenda.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the Mayor and Common Council reject all
bids. The motion carried with McCammack absent.
16. Reject all bids for Traffic Calming on 41h Street from Flower Street to
Tiajuana Street (SS06-03), per Project Plan No. 12677
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the Mayor and Council reject all bids.
The motion carried with McCammack absent.
17. RES. 2010-204 - 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 to Riverside Construction Company, Inc. for the
replacement and upgrade of the cooling tower at the Feldheym Library.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized to
amend the FY 2009/2010 budget by transferring $49,100 from Account No.
001-325-5111 to Account No. 001-325-5507; and that said resolution be
adopted. The motion carried and Resolution No. 2010-204 was adopted with
McCammack absent.
18. RES. 2010-144 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and the
issuance of a purchase order to Environmental Systems Research Institute
(ESRI) for a three year ARCGIS Enterprise License Agreement.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-144 was adopted with McCammack absent.
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19. RES. 2010-145 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the extension of the current purchase order
with TigerDirect through Fiscal Year 2010/2011, allocating $35,000 for
Fiscal Year 2010/2011 and increasing the current Fiscal Year (2009/2010)
allocation by $5,000.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-145 was adopted with McCammack absent.
20. RES. 2010-208 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of an on-line grant application for
the 2010 Assistance to Firefighters Grant Program (AFGP) submitted to the
Department of Homeland Security in the amount of $351,350.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-208 was adopted with McCammack absent.
21. Public Hearing - Resolutions authorizing the execution of Sales and
Purchase Agreements and Quitclaim Deeds - Sale of portions of City
property generally located on the north side of Kendall Drive, east of "H"
Street
RES. 2010-209 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement and the
execution of a Quitclaim Deed for the sale of a city owned parcel of real
property generally located north of Kendall Drive and east of "H" Street, in
the City of San Bernardino, to Geoffrey L. Wood and Tammi R. Wood.
(21A)
RES. 2010-210 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement and the
execution of a Quitclaim Deed for the sale of a city owned parcel of real
property generally located north of Kendall Drive and east of "H" Street, in
the City of San Bernardino, to the Lyndon Allen Farrar Trust, V.A.D. 9-5-
91. (21B)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolutions A and B, be adopted. The motion carried and Resolution Nos.
2010-209 and 2010-210 were adopted with McCammack absent.
22. Public Hearing - Resolution amending the City of San Bernardino
Nondisposal Facility Element (NDFE) to include the Material Recovery
Facility (MRF) operated by Inland Empire Environmental (lEE) located at
1150 South Tippecanoe Avenue
RES. 2010-211 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing amendment to the City Nondisposal Facility
Element (NDFE).
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2010-211 was
adopted with McCammack absent.
23. Norton Space and Aeronautics Academy - Reimbursement Agreement for
waiver/reimbursement of fees (Continued from February 16,2010.)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council!
Commission meeting of July 19, 2010. The motion carried with
McCammack absent.
24. RES. 2010-212 - Resolution of the City of San Bernardino authorizing
execution of a cooperative agreement with the City of Colton for
maintenance of a grade separation on Hunts Lane at the Union Pacific
Railroad (SS04-51). (Continued from June 7,2010.)
Council Member/Commissioner Brinker stated he would abstain because his
primary residence is within 500 feet of the area. He left the Council Chambers
and returned after the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-212 was adopted with Brinker abstaining and McCammack
absent.
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25. RES. 2010-214 - Resolution of the City of San Bernardino approving
Amendment No.1 to the Six-Year Capital Improvement Program (2009-
2015) for Measure "I" Local Expenditures. (Continued from June 7,2010.)
NOTE: Both the Mayor and Council Member/Commissioner McCammack
reside within 500 feet of Project No. 8805-12, and the City Attorney resides
within 500 feet of Project No. 8806-71. Therefore, Project Nos. 8805-12 and
8806-71 are listed separately on Exhibit B, and two votes were taken on this
item.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner 8horett, that said resolution be adopted with Exhibit A.
The motion carried and Resolution No. 2010-214 with Exhibit A was
adopted with McCammack absent.
Mayor/Chairman Morris declared a conflict on Exhibit B and left the Council
Chambers, returning after the vote was taken. Both City Attorney Penman and
Council Member McCammack were absent.
Council Member/Commissioner 8horett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted with Exhibit
B. The motion carried and Resolution 2010-214 with Exhibit B was adopted
with McCammack absent.
26. ORD. MC-1328 - An ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Section 19.06.026 (Development Code)
prohibiting the establishment and operation of medical marijuana
dispensaries and other similar uses. FINAL READING (Continued from
June 7,2010.)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance
No. MC-1328 was adopted with McCammack absent.
27. Resolution of the City of San Bernardino authorizing the execution of an
agreement with PMR Progressive LLC to provide collection services of
delinquent accounts for the City of San Bernardino. (Continued from June
7, 2010.)
Note: No resolution was distributed with the backup materials.
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Council Member/Cortnnissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Council!
Commission meeting of July 6, 2010. The motion carried with McCammack
ahsent.
28. Resolution of the City of San Bernardino authorizing the execution of an
agreement with Mercer Health and Benefits LLC to provide hroker and
administration services for the City's Healthcare Program. (Continued from
June 7,2010.)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Council!
Commission meeting of July 6, 2010. The motion carried with McCammack
absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson; Senior Assistant City
Attorney Wilson; Economic Development Agency Deputy Executive
Director Gee and Agency Counsel Sabo; City Clerk Clark.
Absent:
Council Member/Commissioner McCarnmack.
R29. RES. CDC/2010-32 - 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 Construction
Contract by and between the Agency and Phillips Construction, Inc., for
the construction of Americans with Disabilities Act ("ADA") Ramps and
Sidewalks Project at various locations citywide (lVDA Redevelopment
Project Area).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
CDC/2010-32 was adopted with McCammack absent.
R30. Homebuyer Assistance Program ("HAP") Quarterly Report - January 1,
2010 through March 31, 2010
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that the Community Development Commission
of the City of San Bernardino receive and file the Quarterly Report of the
Homebuyer Assistance Program activities for the Redevelopment Agency of the
City of San Bernardino. The motion carried with McCammack absent.
R31. U.S. Department of Housing and Urban Development Amending and
Refmancing of the 1998-HUD Section 108 Loan (Central City North
Redevelopment Project Area)
RES. 2010-213 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing certain amendments to the
1998 HUD Section 108 loan documents and authorizing the execution of the
contract for implementation of the 1998-HUD Section 108 loan refmancing
for Loan Guarantee Assistance under Section 108 of the Housing and
Community Development Act of 1974, as Amended, 42, U.S.C. ~5308 for
Series HUD 2010-A Certificates (CDBG Section 108 Contract No. B-96-MC-
06-0539) (Central City North Redevelopment Project Area). (R31A)
RES. CDC/2010-33 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing
certain amendments to the 1998 HUD Section 108 loan documents and
authorize the Interim Executive Director of the Redevelopment Agency of
the City of San Bernardino (" Agency") to execute the contract and related
documents for implementation of the 1998-HUD Section 108 loan
refmancing for Loan Guarantee Assistance under Section 108 of the
Housing and Community Development Act of 1974, as Amended, 42,
U.S.C. ~5308 for Series HUD 2010-A Certificates (CDBG Section 108
Contract No. B-96-MC-06-0539) (Central City North Redevelopment
Project Area). (R3IB)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A and B be adopted.
Mayor and Common Council Resolution No. 2010-213 and Community
Development Commission Resolution No. CDC/2010-33 were adopted with
McCammack absent.
32. RES. 2010-206 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and the law firm of
Mundell, Odium & Haws in the case of San Bernardino City Professional.
Firefighters, Local. 891 v. City of San Bernardino, San Bernardino Fire
Department, San Bernardino County Superior Court, Case No. 1007708.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-206 was adopted with Kelley voting "no" and McCammack
absent.
33. RES. 2010-207 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and the law firm of
Mundell, Odium & Haws in the case of San Bernardino City Professional
Firefighters, Local 891 v. City of San Bernardino, San Bernardino Fire
Department, San Bernardino County Superior Court, Case No. 1007709.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-207 was adopted with Kelley voting "no" and McCammack
absent.
34. RES. 2010-205 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and the law firm of Lewis,
Brisbois, Bisgaard & Smith regarding the claim of Brian Boom.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-205 was adopted with Marquez voting "no" and McCammack
absent.
35. Public Comments
Dash Lea and Alexandia Phillips of the LaRouche Political Action Committee
distributed a handout and stated that to save our nation Congress must put in
place the Glass-Steagall standard of separation between the commercial and
investment banks.
Cheryl Brown, San Bernardino, CA, a member of the Bicentennial Committee,
thanked everyone for their support of the San Bernardino's Got Talent event,
giving special thanks to Charmaine Murphy, who brought the idea forward.
She stated that there is a hunger in the community for those kinds of
events/activities that are often found in more up-scale communities.
Debbie Matley, San Bernardino, CA, expressed disappointment that the
revision of the charter had been tabled at the budget meeting and requested that
the matter be reconsidered.
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Barbara Babcock, San Bernardino, CA, invited everyone to attend the Inland
Conservatory for the Performing Arts presentation of FORHISGLORY to be
held at the California Theatre, 562 West 4th Street, at 7 p.m., Saturday, June 26,
2010.
36. Adjournment
At 5:02 p.m. the meeting adjourned to 5 p.m., Wednesday, June 23, 2010, in
the Economic Development Agency Boardroom, 201 North "E" Street, San
Bernardino, California, to consider the Fiscal Year 2010/11 City and Economic
Development Agency budgets.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Tuesday, July 6, 2010, in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
By:
RACHEL G. CLARK
/J City Clerk
~c.w
Linda E. Hartzel
Deputy City Clerk
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