HomeMy WebLinkAbout11-02-2009 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
NOVEMBER 2, 2009
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 2, 2009, 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, McCammack; City Attorney
Penman; City Manager McNeely; City Clerk Clark.
Absent:
None.
I. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a).
Jesus Vargas v. City, et al. - U.S. District Court, Case No. CV 09-
05479 (RGK/FMOx);
Jane Batey, et al. v. City of San Bernardino - San Bernardino County
Superior Court, Case No. SCVSS 141503;
11/02/2009
San Bernardino Police Officers Association, et al. v. City of San
Bernardino - San Bernardino County Superior Court, Case No. CIVDS
902362.
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)
The Claim of Gina Lovera
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. Dainn Caldera
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.
Closed Session - Public Comments
Bob Neves, San Bernardino, CA.
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 III memory of World War II hero Sgt. Robert
Stinson.
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Invocation/Pledge of Allegiance
The invocation was given by Reverend Mark Winick of the Spiritual Care Office at St.
Bernardine's Medical Center. The pledge of allegiance was led by Joel Toscano and
Zahrin Jackson, students at Lincoln Elementary School.
2. Appointments
There were no commission appointments.
3. Presentations
Garry Cohoe, Director of Freeway Construction for San Bernardino Associated
Governments (SANBAG), gave a PowerPoint update on the 1-10 Tippecanoe/
Anderson Interchange project.
Mayor Morris presented a proclamation to Patty Meinhardt, Director of
Business Development, Visiting Nurse Association, in recognition of National
Home Care and Hospice Month and in appreciation of the vital services they
provide to patients and their families.
Council Member McCammack presented Certificates of Recognition to Cajon
High School students, Ashley Neighbarger, Mallory Gers, and Siobhan Garza
Gormley (who was not present), in recognition of their efforts in trying to save
the wildlife living in the flood control channels of San Bernardino.
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, advised that the
bicentennial celebration had been extended to include activities throughout the
entire year of 2010. He noted that no City funds were being used for
bicentennial activities and introduced Eddie Martinez of Vanir Corp., Chairman
of the Leadership Cabinet, who explained that there are various sponsor
categories, including business and individual sponsorships.
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.
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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 Commission, be waived. The motion carried
unanimously.
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: October
S,2009. The motion carried unanimously.
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 October 15, 2009, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
8. Personnel Actions
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated October 29, 2009, 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
Estrada, Kelley, and McCammack voting "no" on the Unclassified Action
to Appoint a Manager of Communications.
9. RES. 2009-343 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Animal Housing
Agreements by and between the City of San Bernardino and the Cities of
Fontana, Colton and Grand Terrace for the period of January I, 2010
through June 30, 2011.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; that the Director
of Finance be authorized to amend the FY 2009/2010 adopted budget as outlined
in Attachment A to the staff report dated October 26, 2009, from Mike Brooks,
Acting Director of Animal Control; and that the Director of Human Resources
be authorized to update the position control resolution to reflect the retention
and restoration of the requested positions. The motion carried and Resolution
No. 2009-343 was adopted unanimously.
10. Mayor and Common Council and Community Development Commission
Regular Meeting dates for 2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, 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 2010: January 4; January 19 (Tuesday due to holiday);
February 1; February 16 (Tuesday due to holiday); March I; March 15; April
5; April 19; May 3; May 17; June 7; June 21; July 6 (Tuesday due to holiday);
July 19; August 2; August 16; September 7 (Tuesday due to holiday);
September 20; October 4; October 18; November 1; November 15; December
6; December 20. The motion carried unanimously.
11. RES. 2009-348 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the Professional Services Agreement by and
between the City of San Bernardino and AECOM Technical Services Inc.
for the creation of the City's Energy Efficiency & Conservation Strategy
and Climate Action Plan.
Public Comments:
Jay Lindberg, San Bernardino, CA.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted; that the
Director of Finance be authorized to amend the FY 2009/2010 final budget to
reflect the additional costs of $249,650 and revenues of $250,000 associated
with the creation of the City Energy Efficiency & Conservation Strategy and
Climate Action Plan; and that the Director of Finance be authorized to issue a
purchase order for an amount not to exceed $249,650 to AECOM Technical
Services, Inc. The motion carried and Resolution No. 2009-348 was adopted
unanimously.
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12. RES. 2009-344 - Resolution of the Mayor and Common Council authorizing
a License Agreement with Sprint Communications Company, L.P.
permitting access to communications conduit beneath the city.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-344 was adopted with McCammack abstaining.
13. RES. 2009-34S - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of agreements and issuance of
annual purchase orders to Allstar Fire Equipment in the amount of $S,OOO,
Fisher Scientific Company in the amount of $4S,000, L.N. Curtis & Sons in
the amount of $S,OOO, and Mallory Company in the amount of $10,000 for
replacement of protective clothing and equipment for structural
firefighting.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-34S was adopted unanimously.
14. RES. 2009-349 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino Fire Department
to enter into a mutual aid protection agreement with the State of California,
Department of Forestry and Fire Protection for the purpose of receiving a
federal strip number to purchase products through the General Services
Administration.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-349 was adopted unanimously.
15. RES. 2009-346 - 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 $S3,900 to Fairview Ford of San
Bernardino pursuant to Section 3.04.010 B.3 of the Municipal Code for the
purchase of two (2) year 2010 Ford Crown Victoria Police Interceptors
utilized by the Police Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-346 was adopted unanimously.
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16. RES. 2009-347 - 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 $60,000 with four (4) one-year
extensions at the City's option to Big Mike's Plumbing & Sanitation
Company for the labor, concrete materials and equipment costs associated
with the removal and installation of damaged, deficient and aged sewer
manhole covers.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-347 was adopted unanimously.
17. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Chapter 8.73 by amending the title thereof to read "No
Smoking in Parks"; by amending Section 12.80.130 by adding thereto
subsection "U", and Chapter 8.73 by adding thereto Section 8.73.0S0, to
ban smoking in parks; amending subsection 8.73.010(C) re: the definition of
"park"; removing subsection 8.73.010(E) to (F) re: the definition of
"cigarette" and adding subsection (E) re: the definition of "cigar". FIRST
READING
Public Comments:
Jay Lindberg, San Bernardino, CA.
Eric Lam and Ennio Villa-Flor Tankatsubo, representatives of The
Empowered Advocates for Health at University of California, Riverside, who
conducted the study and collected the signatures on the "Ban Smoking in Parks
Petition. "
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be laid over for final
adoption. The motion carried unanimously.
18. Appeal Hearing - Appeal of the Police Department's denial, per their
investigation, of Andy K. Chung's permit to operate as massage technician
(Continued from October 19, 2009.)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be tabled. The motion carried
with Kelley absent.
19. Appeal Hearing - Appeal of the Police Department's denial, per their
investigation, of Jian Hua Hu (dba Eastern Ancient Massage) to operate a
massage parlor at SOO Inland Center Mall #214 (Continued from October 19,
2009. )
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be tabled. The motion carried
with Kelley absent.
20. RES. 2009-3S0 - Resolution of the City of San Bernardino approving
License Agreement No. 09-37471 with the Burlington Northern Santa Fe
(BNSF) Railway for maintenance of temporary shoring under the Mt.
Vernon Viaduct between 2nd Street and 4th Street (BR#S4C0066).
(Continued from October 19, 2009.)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-3S0 was adopted with Kelley absent.
21. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement with and issuance of
a purchase order to Metric Parking, Inc. for the installation of multi-space
parking meters in the downtown area. (Continued from October 19, 2009.)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be tabled. The motion
carried unanimously.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Deputy City
Attorney Barnes; Economic Development Agency Interim Executive
Director Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent:
None.
R22. B & B Contractors, Inc. - Construction Contract for site development _
Highland/Arden Lot Revisions (lVDA Redevelopment Project Area)
RES. CDC/2009-63 - 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 B & B Contractors, Inc. for site preparation at the North
Arden Guthrie commercial development project (lVDA Redevelopment
Project Area).
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted; and
that the Community Development Commission of the City of San Bernardino
approve and authorize processing of payment to Southern California Edison
Company for utility relocation at the North Arden Guthrie commercial
development project (IVDA Redevelopment Project Area). The motion carried
and Resolution No. CDC/2009-63 was adopted unanimously.
R23. Certification of Northwest Redevelopment Project Area Committee Election
Results of October IS, 2009 (Northwest Redevelopment Project Area)
RES. 2009-3S1 - Resolution of the Mayor and Common Council of the City
of San Bernardino making certain findings and determinations regarding
the Biennial Election of the Northwest Redevelopment Project Area
Committee Election as conducted on October IS, 2009.
Public Comments:
Stewart Cumming, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-3S1 was adopted with McCammack abstaining.
24. Public Comments
Betty Jean Long, San Bernardino, CA, spoke regarding a plaque given to
Council Member/Commissioner Kelley by Herbert Blair, to be placed at Blair
Park, and the pothole problem in the McDonald's parking lot.
Bob Lundy, San Bernardino, CA, invited the Mayor and Council to the 4h
Annual Taste of Route 66 Corridor Dining Tour.
Margaret Barber, Arrowhead Farms, CA, spoke III support of a stronger
police force.
The following individuals spoke in opposition to the 26-foot high, 1400-foot
long retaining wall which is associated with the development of Tentative
Tract No. 16794:
Becky Wilson, San Bernardino, CA.
Kim McNair, San Bernardino, CA.
James McNair, San Bernardino, CA.
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Paul Sanborn, San Bernardino, CA, spoke regarding several matters that
disturb him throughout the city.
Stewart Cumming, San Bernardino, CA, spoke regarding the large number of
semi tractor-trailer trucks that use the vacant lot on the northwest corner of
Palm and North Kendall, directly across from the Denny's restaurant, as a truck
stop.
Shirley Harlan, San Bernardino, CA, commented on the cameras located at
various intersections throughout the city; and requested an explanation regarding
the facts surrounding the confidential report distributed to the Council members
at their meeting of September 21, 2009, and the harassment of City employees
mentioned in the letter to The Sun newspaper from Sr. Assistant City Attorney
Diane Roth.
Melvin Gonzalez, San Bernardino, CA, thanked the entire Council for doing a
good job.
Rose Loya, San Bernardino, CA, spoke regarding a family member living with
a child molester.
The following individuals commented on the politics/candidates/upcoming
election to be held November 3:
Jerry Moya, San Bernardino, CA.
Sylvia Arias, San Bernardino, CA.
Jay Lindberg, San Bernardino, CA.
Debbi Matley, Neighborhood Association President, San Bernardino, CA.
James Smith, San Bernardino, CA.
Tim Prince, San Bernardino, CA.
Art Guerrero, San Bernardino, CA.
Esther Estrada, 1" Ward Councilwoman, San Bernardino, CA.
33. Adjournment
At 6:13 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for Monday, November 16, 2009.
By:
RACHEL G. CLARK
~y Clerk
. c? kktJ?
Linda E. Hartzel .
Deputy City Clerk
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