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HomeMy WebLinkAbout11-16-2009 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 16, 2009 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 1:39 p.m., Monday, November 16, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council MemberslCommissioners Estrada, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark and Deputy City Clerk Ochiqui. Absent: Council MemberlCommissioner Baxter. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Sylvia Smith v. Placo San Bernardino, LLC, dba Carousel Mall, et al. - United States District Court, Case No. EDCV 09-0891. 11/16/2009 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Two Cases 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: 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 items would be discussed in closed session: Under Agenda Item No. 1B, the claim of Lovera v. City of San Bernardino, a minor's compromise and settlement; and 2 11/16/2009 Under Agenda Item No. 1D, personnel: City Planner/Deputy Director of Development Services. 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 MayorlChairman Morris requested a moment of silence in memory of Jennie Hill. Invocation/Pledge of Allegiance The invocation was given by the Reverend Dr. Reginald Woods of Life Changing Ministries. The pledge of allegiance was led by Gabriella Ramirez and Jocelyn Martinez, 5th grade students at Lytle Creek Elementary School. 2. Appointments There were no commission appointments. 3. Presentations & Proclamations MayorlChairman Morris and Council MemberlCommissioner Shorett presented a proclamation designating Friday, November 27, 2009, as National Native American Day, to Jerry Paresa, Chief Administrative Officer, and Carlos Valdez, Analyst, Office of Intergovernmental Affairs, San Manuel Band of Mission Indians. Fred Shorett presented the Student of the Month Award to Corey Walton, an 8th grade student at Golden Valley Middle School. Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, introduced committee member Jane Sneddon, who presented an update on the Bicentennial Parade, which will take place on May 22, 2010. Catherine Pritchett of the City Manager's Office presented the October 2009 Graffiti Task Force update to the Mayor and Common Council. 3 11/16/2009 The following individuals were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Linda Sutherland Robert Cuellar James McMullen Jr. Lori Hayes Gabriel Rodriguez Brett Birnbaum John Block Kimberlyn Hearns Aaron Jones Susanna Sandoval Jose Vazquez 4. Announcements Department City Clerk Fire Fire Parks, Recreation and Community Services Parks, Recreation and Community Services Police Police Police Police Police Police Years of Service 15 25 25 5 5 20 10 20 5 10 5 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 MemberlCommissioner Johnson made a motion, seconded by Council MemberlCommissioner Brinker, 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 Baxter absent. 6. Council Minutes Council MemberlCommissioner Johnson made a motion, seconded by Council MemberlCommissioner Brinker, that the minutes of the following meeting(s) of the Mayor and Common CouncillCommunity Development Commission of the City of San Bernardino be approved as submitted in typewritten form: September 21, 2009; and October 19, 2009. The motion carried with Baxter absent. 4 1lI16/2009 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated November 4, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried with Baxter absent. 8. Personnel Actions Council MemberlCommissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated November 12, 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 Baxter absent. 9. ORD. MC-1319 - 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 8.73.050, 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 a new subsection (E) re: the definition of "cigar". FINAL READING (Continued from November 2, 2009) Public Comments: Jay Lindberg, San Bernardino, CA. Council MemberlCommissioner Johnson made a motion, seconded by Council MemberlCommissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1319 was adopted with Baxter absent. 10. Authorization for the Director of Development Services to execute Coutract Change Order No. Two with Matich Corporation for the Realignment of Viaduct Boulevard between 2nd Street and 3'd Street, per Project Plan Nos. 12325 & 12326 City Attorney Penman declared a conflict due to the fact that Matich Corporation has made contributions to his City Attorney campaign. 5 11116/2009 Council MemberlCommissioner Johnson made a motion, seconded by Council MemberlCommissioner Brinker, that the Director of Development Services be authorized to execute Contract Change Order No. Two with Matich Corporation for the Realignment of Viaduct Boulevard between 2"d Street and 3'd Street, per Project Plan Nos. 12325 & 12326. The motion carried with Baxter absent. 11. RES. 2009-352 - Resolution of the City of San Bernardino approving Amendment No. 1 to Agreement for Professional Architectural and Engineering Services with Owen Design Group, Inc. for Design and Construction of the Santa Fe Depot Parking Structure Project (GB04-19). Council MemberlCommissioner Johnson made a motion, seconded by Council MemberlCommissioner Brinker, that said resolution be adopted. Resolution No. 2009-352 was adopted with Baxter absent. 12. RES. 2009-356 - Resolution of the City of San Bernardino authorizing execution of a Cooperative Agreement with the County of San Bernardino and the City of Highland for rehabilitation of Pacific Street, from Perris Hill Park Road to Victoria Avenue (SS08-28). Council MemberlCommissioner McCammack made a motion, seconded by Council MemberlCommissioner Kelley, that said resolution be adopted. Resolution No. 2009-356 was adopted with Baxter absent. 13. RES. 2009-353 - 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 Universal Specialty Vehicles, Inc. in the amount of $339,825.50 for an Interoperable Communications/Mobile Command Vehicle. Council MemberlCommissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-353 was adopted with Baxter absent. 14. Item deleted 15. RES. 2009-354 - Resolution of Mayor and Common Council of the City of San Bernardino to adopt the Post Employment Health Plan (PEHP) for public employees for the employees of the City of San Bernardino. Council MemberlCommissioner Johnson made a motion, seconded by Council MemberlCommissioner Brinker, that said resolution be adopted; and that the Human Resources Director be authorized as the plan administrator. The motion carried and Resolution No. 2009-354 was adopted with Baxter abseut. 6 11/1612009 16. RES. 2009-355 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Facility Use Agreement by and between the American Sports University and the City of San Bernardino allowing for the University's use of the Rudy C. Hernandez Recreation Center Gymnasium, and ratifying any action taken between October 1, 2009 and the date that this resolution is adopted. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-355 was adopted with Baxter absent. 17. Item deleted 18. Item deleted 19. RES. 2009-357 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to submit an application to the U.S. Department of Justice for the Weed and Seed Grant. Note: No resolution was distributed with the backup materials. Public Comments: Jay Lindberg, San Bernardino, CA. Sr. Assistant City Attorney Wilson stated that the City Attorney's office did not sign the resolution for the project because the process, once the grant has been procured, includes a substantial management element such as community involvement, administering the dollars, entering into the contracts, and making sure the relationships are properly structured under the law. He stated that management is addressed on page 26 of the grant application, but the City Manager's office is not mentioned. Mr. Wilson stated that in order to bring the resolution into compliance with the City Charter, which requires that the City Manager has the authority for the enforcement of contracts in the City, the following language should be added: "The City Manager is vested with the authority and responsibility for the management of the contractual, financial, and performance obligations of the grant." Council MemberlCommissioner Johnson made a motion, seconded by Council MemberlCommissioner Shorett, that said resolution be adopted, as amended, adding the following language: "The City Manager is vested with the authority and responsibility for the management of the contractual, financial, and performance obligations of the grant"; and that the Director of Finance be authorized to amend the budget as needed to reflect this grant if awarded. The motion carried and Resolution No. 2009-357 was adopted with Baxter absent. 7 11/16/2009 COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council MemberslCommissioners Estrada, Brinker, Shorett, Kelley, Johnson, McCammack; Sr. Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark and Deputy City Clerk Ochiqui. Absent: Council MemberlCommissioner Baxter. R20. Shober Consulting, Inc., Professional Services Agreement - Interim Property Management, Relocation and Demolition Services (19th and Sunrise Project) RES. CDC/2009-63A - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Professional Services Agreement by and between the Agency and Shober Consulting, Inc., for property management and relocation services (19th and Sunrise Project). Council MemberlCommissioner McCammack stated that she understood that the contract with Mary Erickson encompassed all the work on up to 284 units. Emil Marzullo, Economic Development Agency Interim Executive Director, stated that it only encompassed the work for the 25 four-plexes that Mary Erickson was going to own and manage. Mr. Marzullo suggested that the Council make the action subject to the consent of Mary Erickson that they recognize that their responsibility is only on the 25 units and not on the entirety of the tracts. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted, subject to consent of Mary Erickson that they recognize that their responsibility is only on the 25 units and not on the entirety of the tracts. The motion carried and Resolution No. CDC/2009-63A was adopted with Estrada and McCammack voting "no" and Baxter absent. R21. Del Richardson and Associates, Inc. ("DRA"), Professional Services Agreement for Property Acquisition Services (19th and Sunrise Project) 8 11 /16/2009 RES. CDC/2009-64 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Professional Services Agreement by and between the Agency and Del Richardson and Associates, Inc., for acquisition services (19'h and Sunrise Project). Council MemberlCommissioner Brinker made a motion, seconded by Council MemberlCommissioner Shorett, that said resolution be adopted, subject to consent of Mary Erickson that they recognize that their responsibility is only on the 25 units and not on the entirety of the tracts. The motion carried and Resolution No. CDC/2009-64 was adopted with Estrada and McCammack voting "no" and Baxter absent. 22. Public Comments Dr. Paul Chabot, Rancho Cucamonga, CA, announced his candidacy for the 63" Assembly District. Windi D. Joseph, Highland, CA, stated that on two separate occasions she has been involved in situations of mistaken identity with City police officers. She asked what is being done to rectify this problem and what she can do to protect herself and her children. Jay McNair, San Bernardino, CA, addressed comments that had been made by Council MemberlCommissioner Kelley regarding the proposed wall in the Verdemont area. The following individuals spoke in opposition to Cal State University's exclusive use of Fiscalini Field from January through May. Chris Bermardy, San Bernardino, CA; Fred L. Smith, San Bernardino, CA; Scott Workman, San Bernardino, CA; Sam Watson, San Bernardino, CA. Kimi Rhochelle, Fontana, CA, publisher of Urban Lifestyle Magazine, announced that a production called "For His Glory" will be presented at the California Theater on December 13,2009, at 6 p.m. Jay Lindberg, San Bernardino, CA, spoke regarding low voter turnout, graffiti, the war on drugs, and a new anti-abortion bill. 9 11116/2009 Hayward Jackson, San Bernardino, CA, spoke regarding the poor condition of City streets and broken streetlights in the 5"' Ward. Jim Penman, San Bernardino, CA, thanked his supporters for their efforts on behalf of his candidacy for Mayor of the City of San Bernardino. Shirley Harlan, San Bernardino, CA, expressed her disappointment with the low voter turnout and stated that the City must find other ways to ensure that the voices of its citizens are being heard. Karen Serrano, San Bernardino, CA, stated that she is the newest congressional representative in the office of Congressman Joe Baca. 23. Adjournment At 5:49 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, December 7,2009. RACHEL G. CLARK City Clerk BY~,~~~ Linda Sutherland Deputy City Clerk 10 11/16/2009