Loading...
HomeMy WebLinkAbout01-19-2010 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 JANUARY 19, 2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:36 p.m., Tuesday, January 19, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Shorett, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Members/Commissioners Brinker and Kelley. Council Member/Commissioner Kelley arrived at 1:44 p.m. Council Member/Commissioner Brinker arrived at 3:18 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Barnes, Yvonne v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 807102; 1 01/19/2010 Barnes, Yvonne v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVDS 908096; Citizens for Responsible Equitable Environmental Development v. City - San Bernardino County Superior Court, Case No. CIVDS 918169; Little, Judith, et aI., v. City, et al. - U.S. District Court, Case No CV- 09-06068 SVW (Cwx); Markham, Terrell, et al. v. City of San Bernardino, et al. - U.S. District Court, Case No. CV09-08455 ODW (DTBx); Moss, Richard "Scott", et al. v. City of San Bernardino, et al. - United States District Court, Case No. EDCV 07-01027 SGL (Opx); Nash, Terry, Estate of, et al. v. City of San Bernardino, et al. - U.S. District Court, Case No. CV09-08671 RGK (FFMx); Street, Michael, v. City, et al. - San Bernardino County Superior Court, Case No. CIVDS 910518. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University City of San Bernardino v. Hudson Theater D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. 2 01/19/2010 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 450 North "E" Street APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Moctesuma Esparza on behalf of Maya Cinemas North America, Inc. Under Negotiations: Purchase price, terms and conditions. City Attorney Penman announced that the following additional case would be discussed in closed session under Agenda Item No. lA, existing litigation: Mekione Samatua, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. CIVDS 917832. Closed Session Announcement City Clerk Clark announced that in closed session Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCannnack, to allow the City to join in as plaintiff in City of San Bernardino v. Hudson Theater. The motion carried unanimously with Council Member/Commissioner Brinker absent. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory of Glen Bell, Jr., founder of the Taco Bell chain, and the thousands who lost their lives in the recent Haiti earthquake. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo. The pledge of allegiance was led by Nichole Salazar, a student at Monterey Elementary School. 3 01/19/2010 2. Appointment - Esther Jimenez - Civil Service Board - Mayor Morris Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the appointment of Esther Jimenez to the Civil Service Board, as requested by Mayor Morris, be approved. The motion carried unanimously. 3. Proclamations & Presentations Michael Page, Director of Government and External Affairs for the Verizon Foundation, presented checks totaling $139,000 to the following local organizations: Libreria del Pueblo, Lord's Holiness Resource Center, Inland Counties Regional Center, St. Bernardine Hospital Foundation, and Catholic Charities. Council Member Estrada presented "Citizen of the Year" certificates to those individuals who have served as First Ward representatives on various City boards and commissions during her tenure in office, as follows: . Arthur L. Guerrero - Bicentennial Committee and Community Television Commission . Velia D. Marquez - Fine Arts Commission . Connie Rodriguez - Board of Fire Commissioners (not in attendance) . Jim Mulvihill - Historical Preservation Commission . Robert Vega - Parks and Recreation Commission . Jerry L. Zuniga - Board of Police Commissioners . Bobbie J. Johnson - Senior Affairs Commission (not in attendance) . Steve Henthorn - Santa Ana River Trail Commission (not in attendance) Council Member Shorett presented the Student of the Month award to twin sisters, Kiyana and Kyla Rounds, who are students at Del Vallejo Middle School. Cat Pritchett, Assistant to the City Manager, provided an update on the activities and accomplishments of San Bernardino Taking Action Against Graffiti (SB TAAG). Cenificates of Recognition were presented by Council Member Johnson to members of the Pee Wee Hawks football team, who had an undefeated season of 11 wins and 0 losses. 4 01/19/2010 The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Department Years of Service Richard Lawson Jr. Lorena Doswell Carla Velarde Development Services Human Resources Parks, Recreation & Community Services Public Services 5 20 20 Robert Lowry 5 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: December 7, 2009. The motion carried unanimously. 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 4, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 5 01/19/2010 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated January 19,2010, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 9. RES. 2010-5 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a Senior Nutrition Program grant application through the County of San Bernardino Department of Aging and Adult Services (DAAS) for Senior Nutrition Services for the period of July 1, 2010 through June 30, 2011. Public Comments Jane Godager, San Bernardino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-5 was adopted unanimously. 10. RES. 2010-6 - Resolution ratifying submittal of a grant application and authorizing the City Manager to administer the FY 08/09 MSRC Funding Local Government Match Program in the amount of $250,000 to assist in the purchase of (10) LNG refuse trucks to be utilized by the Public Services Department, IWM Division and authorizing the City Manager to execute a contract accepting the grant. Public Comments Jay Lindberg, San Bernardino, CA, expressed support/approval. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2010-6 was adopted unanimously. 11. RES. 2010-7 - Resolution of the City of San Bernardino authorizing and directing the execution of an agreement with the County of San Bernardino for the maintenance of a portion of Old Waterman Canyon Road lying outside of the area annexed to the City as Annexation No. 360 in the Arrowhead Springs area. (Continued from January 4, 2010.) 6 01/19/2010 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2010-7 was adopted unanimously. 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $70,600 with two (2) one-year extensions at the City's option between the City of San Bernardino and Inland Empire Landscape, Inc. for supplemental as needed landscape maintenance services throughout the City of San Bernardino. (Continued from January 4,2010.) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. The motion carried unanimously. 13. RES. 2010-8 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Agreement with Major League Softball, Inc. (MLS) and the City of San Bernardino for the organization and management of the Parks, Recreation and Commnnity Services Department's adult softball and adult baseball programs; MLS is granted use of Encanto Park from January 1, 2010 through December 31, 2010 with two (2) optional one-year renewals; and use of Fiscalini Field from May 28, 2010 through October 31, 2010, with the option of one (1) one-year renewal. (Continued from January 4,2010.) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-8 was adopted unanimously. 14. ORD. MC-1321 - An Urgency Ordinance of the City of San Bernardino amending the definition of "Roll-off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code and declaring the urgency thereof. URGENCY Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said ordinance be adopted. Ordinance No. MC-1321 was adopted unanimously. 15. Appeal Hearing - An appeal of the Planning Commission's approval of Conditional Use Permit No. 07-15, a request to expand an existing 129,794 square foot retail commercial building by 41,644 square feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of Highland Avenue at the intersection with Boulder Avenue, at 4210 East Highland Avenue in the CG-l, Commercial General land use district (Appeal No. 09-03) (Continued from January 4,2010.) 7 01/19/2010 The hearing remains open. Staff requested a continuance to February 1, 2010. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of February 1,2010. The motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Kelley, Johnson, McCarnmack; City Attorney Penman; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. R16. Ratify the submittal of an application to the California Energy Commission for State Energy Program Funds RES. 2010-9 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to and ratifying submission of a grant application to the California Energy Commission for State Energy Program Funds. Public Comments Jay Lindberg, San Bernardino, CA, expressed support/approval. Shirley Harlan, San Bernardino, CA, expressed support/approval. Council Member/Commissioner McCammack expressed concern that the documents did not demand or require local contractors/local hiring. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted; and if the City does receive the grant, staff will do their best to employ local contractors and give preference to hiring locally. Resolution No. 2010-9 was adopted unanimously. 17. Public Comments Robert Jenkins, San Bernardino, CA, stated he was disappointed with the vote and comments regarding Agenda Item No. 26 at the meeting of January 4, 2010. 8 01/19/2010 City Attorney Penman spoke regarding the litigation associated with Agenda Item No. 26 on the January 4, 2010 Council agenda. Shirley Harlan, a resident of San Bernardino and member of the Senior Affairs Commission, submitted in writing the following motion passed by the Commission at their meeting of January 14, 2010: That the Commission recommend to the Mayor and Common Council the construction of a Senior Center with full amenities on reserved land at the southeast corner of 5th and H Streets. Council Member/Commissioner Estrada suggested that the Mayor and Council look at the Inland Valley Development Agency (IVDA) and the resources available in the IVDA project area. Jay Lindberg, San Bernardino, CA, spoke regarding red light cameras and Walmart. 18. Adjournment At 5:53 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for Monday, February 1, 2010. RACHEL G. CLARK City Clerk By: ~.L# Deputy City Clerk 9 01/19/2010