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Home My WebLink About02-01-2010 Jt. Reg Mtg Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 1,2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:40 p.m., Monday, February 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 Estrada, Baxter, Brinker, Shorett, Kelley, Johnson, McCarnmack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: None. Council Member/Commissioner Brinker left at 3:09 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): Paul Belinski v. City of San Bernardino, et al. - United States District Court, Case No. CV 08-8571 PSG (MANx); 02/01/2010 People of the State of California v. HW Lit Interchange, L.P., et al. - San Bernardino Court Superior Court, Case No. CIVDS 906373; People of the State of California v. Hillwood Enterprises, L.P. et al. - San Bernardino County Superior Court, Case No. CIVDS 906373; Manta Management Corporation v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVSS 813499; Citizens for Responsible Equitable Environmental Development v. City - San Bernardino County Superior Court, Case No. CIVDS 918169; People v. Margaret Sherman, et al. - San Bernardino County Superior Court, Case No. SIVDS 917881. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional cases would be discussed in closed session: 2 02/0 1/20 10 Under Agenda Item No. lA, conference with legal counsel, existing litigation: City of San Bernardino Municipal Water Department v. the United States Department of the Army - U.S. District Court Case Nos. CV96-8867 and CV 96-5205; Stubblefield Construction Company, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case Nos. SCVSS 242998 and SCVSS 252058; People of the State of California v. Warner W. Hodgdon, et al. - San Bernardino Superior Court Case No. SCV 01030. Under Agenda Item No. lB, significant exposure to litigation: Request brought forward by City Attorney staff regarding outside legal counsel fees. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Reverend Charles A. Simpson, Amparo Olguin, William J. Ward and Jose Meza, Jr. Invocation/Pledge of Allegiance The invocation was given by Reverend Fred Adams of The Rock Church. The pledge of allegiance was led by Steven Williams, a third grade student at Newmark Elementary School. 2. Appointment - Scott Johnson - Parks and Recreation Commission - Mayor Morris Reappointment - Rafael R. Rawls - Community Development Citizen Advisory Committee - Council Member Johnson Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the appointment of Scott Johnson to the Parks and Recreation Commission, and the reappointment of Rafael R. Rawls to the Community Development Citizen Advisory Committee, as requested by Mayor Morris and Council Member Johnson, be approved. The motion carried with Brinker absent. 3 02/0112010 3. Presentations Council Member Baxter presented Certificates of Recognition to those individuals who have served as Second Ward representatives on various City boards and commissions during his tenure in office, as follows: . Rabbi Hillel Cohn - Bicentennial Committee; . John Matley - Bureau of Franchises; . Frank Schnetz - Central City Parking Place Commission; . Anna Cox - Community Development Citizen Advisory Committee; . Mary "Susana" Atanasova - Fine Arts Commission (not in attendance); . Ray Shafer - Fire Commission; . Christina Benjamin - Human Relations Connnission; . James Smith - Historical Preservation Commission; . Evelyn Wilson - Parks and Recreation Commission and Santa Ana River Trail Committee; . Chelsea Lock - Youth Advisory Commission; . Oscar Gonzalez - Police Commission (not in attendance) . Jane Ann Godager - Senior Affairs Commission (not in attendance) . Susan Longville - Measure Z Citizen Oversight Committee and Planning Commission (not in attendance); . Rufus Roney - Animal Control Commission (not in attendance); . Steven W. Campbell- Building Commission (not in attendance); · John "Jack" Joseph Cone - Community Television Commission (not in attendance) . Councilman Larry McCallon, City of Highland, Regional Council representative and First Vice-President of the Southern California Associated Governments (SCAG); Hasan Ikhrata, Executive Director of SCAG; and Economist John E. Husing, Ph.D, gave a PowerPoint presentation regarding Senate Bill 375 and the need to develop a sustainable community strategy that will address future housing, transportation and job needs. Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, introduced Lori Tillery, who announced that they were going to kick-off the Bicentennial year with the "Legend of the Arrowhead" on February 18, 2010, at 8 p.m., at the California Theater. 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. 4 02/01/201 0 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Connnission, be waived. The motion carried with Brinker absent. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the minutes of the following meeting(s) of the Mayor and Common Council!Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: December 21, 2009; and January 4, 2010. The motion carried with Brinker absent. 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 14, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried with Brinker absent. 8. Personnel Actions Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated January 28, 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. 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement by and between the City of San Bernardino and JW Sharer Facilities Services, LLC for assistance in the development and formation of a Regional Animal Shelter Joint Powers Authority pursuant to Municipal Code Chapter 3.04.010(B)(3). Staff requested that the matter be tabled. 5 02/01/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried with Brinker absent. 10. RES. 2010-10 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Mekione Samatua, et aI. v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVDS 917832. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-10 was adopted with Brinker absent. 11. RES. 2010-11 - Resolution of the Mayor and Common Council ofthe City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, McElhaney & Beckett and the City of San Bernardino for legal services in the case of Terrell Markham, et aI. v. City of San Bernardino, et al., United States District Court Case No. CV 09-08455- ODW. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-11 was adopted with Brinker absent. 12. RES. 2010-12 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Estate of Terry Nash, et aI. v. City of San Bernardino, et aI., United States District Court Case No. CA 09-08671-RGK. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-12 was adopted with Brinker absent. 13. RES. 2010-13 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Judith Little, et aI. v. City of San Bernardino, et aI., United States District Court Case No. CV 09-06068-SVW. Council Member/Commissioner Johnson stated that he would be abstaining on this matter because some of the defendants involved in the case are clients of the business he manages. 6 02/0 1 /20 10 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-13 was adopted with Johnson abstaining and Brinker absent. 14. RES. 2010-14 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Yvonne Barnes, et aI. v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVSS 807102. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-14 was adopted with Brinker absent. 15. RES. 2010-15 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Yvonne Barnes, et aI. v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVDS 908096. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Connnissioner Baxter, that said resolution be adopted. Resolution No. 2010-15 was adopted with Brinker absent. 16. RES. 2010-16 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, McElhaney & Beckett and the City of San Bernardino for legal services in the case of Michael Street v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVDS 910518. Note: No staff report was included with the Request for Council Action. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-16 was adopted with Brinker absent. 17. RES. 2010-17 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of the Energy Efficiency and Conservation Strategy, and application for the remaining $1,704,600 for programs and projects to be fnnded through the Energy Efficiency and Conservation Block Grant Program. 7 02/01/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-17 was adopted with Brinker absent. 18. RES. 2010-23 - Resolution of the City of San Bernardino authorizing the City Manager or his designee to execute all program supplements to the Master Agreement for Federal-Aid Projects No. 97-114 and repealing Resolution No. 2001-331. City Attorney Penman advised that language had been added to the resolution as follows: "Section 2: Resolution No. 2001-331 is hereby repealed." Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted, as amended. The motion carried and Resolution No. 2010-23 was adopted with Brinker absent. 19. RES. 2010-18 - Resolution of the City of San Bernardino approving Amendment No. 1 to a Municipal Staffmg Agreement with MuniTemps to provide, on a temporary basis, an Interim Construction/Survey Manager to supervise the Construction/Survey Section of the Public Works Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-18 was adopted with Brinker absent. 20. RES. 2010-19 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records by the Director of Finance. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-19 was adopted with Brinker absent. 21. RES. 2010-21 - Resolution of the City of San Bernardino authorizing the purchase of a police facility digital surveillance camera system server from Dell Computers Inc., of Round Rock, Texas. City Attorney Penman advised that a revised agreement marked "Exhibit A" had been distributed to the Mayor and Council prior to the meeting. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2010-21 was adopted with Brinker absent. 8 02/01/2010 22. RES. 2010-20 - Resolution of the City of San Bernardino authorizing an increase to Purchase Order 999849 for the purchase of a Police SWAT truck conversion from Braun Northwest, of Chehalis, Washington. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-20 was adopted with Brinker absent. 23. 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 Staff requested a two-week continuance. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/Commission meeting of February 16, 2010. The motion carried with Brinker absent. 24. RES. 2010-22 - Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and the San Bernardino Black Culture Foundation for fmancial assistance from the 2009/2010 Civic and Promotion Fund. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Mayor and Common Council authorize direct funding in the amount of $5,000 and indirect funding in the amount of $23,857.77 be transferred from the 2009/10 Civic and Promotion Fund to various City departmental accounts, as listed in the Staff Report dated January 14, 2010 from Charles McNeely, City Manager; and authorize a waiver of fees and use of City personnel and equipment to assist in the 2010 Black History Parade scheduled for February 6, 2010. The motion carried and Resolution No. 2010-22 was adopted with Brinker absent. PLANNING ITEM 25. Appeal Hearing - An appeal of the Planning Commission's approval of Conditional Use Permit No. 07-15, a request to expand an existing 129,794 square foot retail commercial building by 41,644 square feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of Highland Avenue at the intersection with Boulder Avenue, at 4210 East Highland Avenue in the CG-l, Commercial General land use district (Appeal No. 09-03) (Continued from January 19, 2010) 9 02/01/2010 The hearing remained open. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCarnmack, that the matter be continued to the Council/Commission meeting of February 16, 2010. The motion carried with Brinker absent. COMMUNITY DEVELOPMENT COMMISSION R26. Bogh Engineering, Inc. - Construction Contract for construction of the Eastside Skate Park and handicapped access improvements at Speicher Park, 1535 Arden Avenue, San Bernardino, California (lVDA Redevelopment Project Area) 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 (lVDA Redevelopment Project Area). (R26A) 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 Avenue, San Bernardino (lVDA Redevelopment Project Area). (R26B) Note: No Mayor and Common Council resolution was distributed. Staff requested a two week continuance. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/Commission meeting of February 16, 2010. The motion carried with Brinker absent. 27. Public Comments Betty Jean Long, San Bernardino, CA, spoke regarding personal matters. Hayward Jackson, San Bernardino, CA, spoke about fraud charges that were filed against District Attorney Michael Ramos. 10 02/01/2010 Joe Ortiz, San Bernardino, CA, spoke about an article that appeared in The Sun newspaper about the denial of the right of City employees to obtain payment for legal representation in a case involving a registered sex offender working at a church affiliated with Operation Phoenix; proposed Charter amendments that would eliminate the elected positions of the City Attorney, City Treasurer and City Clerk; and he announced that he and his wife were celebrating their 43'd wedding anniversary. Tom Ramsey, supervising labor relations representative for the San Bernardino Public Employees Association, representing the General employees bargaining unit, speaking on behalf of the Parks Maintenance Division employees, stated that a letter was delivered to City Manager McNeely's office with copies to the Mayor and Council and the City's Parks Director, Kevin Hawkins. Attached to that letter was a declaration of no confidence in the Parks Department Maintenance Division Manager supported by an overwhelming majority of the Parks Maintenance Division employees. Mr. Ramsey stated that the employees just want to be able to come to work and do their jobs in a manner that they believe the Council and the citizens of the City demand of them, but they cannot continue to do their jobs with management they feel is chaotic, conflicting and inept. Virginia Marquez, Council Member-elect for the First Ward, acknowledged Councilwoman Esther Estrada and her long history of community service to the City of San Bernardino. She stated that she would like to work with Ms. Estrada in an effort to make the transition as smooth and as effective as possible for the best interest of the City. Rose M. Loya, San Bernardino, CA, spoke about registered sex offenders and the high number of abuse cases in the City of San Bernardino. Charles Greenwood, City employee, recognized fellow employee Jose Meza, Jr., who recently passed away. 28. Adjournment At 5:01 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, February 16, 2010. RACHEL G. CLARK City Clerk By~.ju7nAIA~ / Linda Sutherland Deputy City Clerk 11 02/01/2010