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HomeMy WebLinkAbout03-02-2009 Minutes III~ I J II I II CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Ptwick J. Morris Couru:i/ Members: Esther Estrada Dennis J. Baxter Tobin Brinker 4' Ward - Vacant 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 MARCH 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 1:35 p.m., Monday, March 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, Kelley, Johnson, McCammack; City Attorney Pemnan, Interim City Manager Weinberg, City Clerk Clark. Absent: None. Vacant: Fourth Ward. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXisting litigation. - pursuant to Government Code Section 54956.9(a): Belinsky v. City, Omnitrans, et al. - United States District Court, Case No. CV 08-8571 PSG (MANx); 1 03/02/2009 I jl~ I I II I JI Jane Batey v. City of San Bernardino - San Bernardino County Superior Court, Case No. SCVSS 141503; Luisa Maravilla v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 707097; San Bernardino Police Officers Association, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVD 902362; San Bernardino City Professional FirefiWiters, Local 891 v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 807685. 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. American Home Mortgage Service, Inc. [4858 Cristy Avenue, San Bernardino, California (APN# 626-291-17-00(0)] D. Closed Session - personnel - pursuant to Government Code Section 54957: Chief of Police Acting Assistant Chief of Police Acting Police Chief 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 03/0212009 'I'" " Fire Safety Unit Police Safety Unit Police Management Unit Management/Confidential Mid-Management Unit General Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Pemnan announced that the following additional item was discussed in closed session under Agenda Item No. ID, Conference with Labor Negotiator: City Manager 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 Charles "Chuck" H. Beeman; former State Senator and Assembly member Nell Soto; Fire Captain Creig Nece; and Ewing Pizet. Invocation/Pledge of Allegiance The invocation was given by Reverend Fred Adams of The Rock Church. The pledge of allegiance was led by Wesley O'Neill, a student at Ramona Alessandro School. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations Rabbi Hillel Cohn, chairman of the Bicentennial Ad Hoc Committee, provided an update on the committee's recent activities. Beverly Powell, new Regional Manager for Southern California Edison, was introduced and spoke briefly to the Mayor and Council. Mayor Morris presented a Certificate of Recognition to Steve Lambert, who served as editor of the San Bernardino Sun newspaper for the past seven years and is leaving for his new post as editor and general manager of the San Gabriel Valley Newspaper Group. 3 03/02/2009 1111111,'ltll Certificates of Recognition were presented to several individual~ associated with the HUll1ane Society, who recently worked to upgrade the facilities at the City's Animal Shelter. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Corrbnerce 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 lInlln;monsly with the Fourth Ward vacant. 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: February 2,2009. The motion carried unanimonsly with the Fourth Ward vacant. 7. Clainis & Payroll Council Member/Commissioner Brinker 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 February 12, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously with the Fourth Ward vacant. 8. Persounel Actions Council Member/Commissioner McCammack expressed opposition to the part- time appointments of Michael Billdt as Chief of Police and Mitchal Kimball as the Assistant Chief of Police. Council Member/Commissioner Kelley stated that he wanted action taken, perhaps through the Personnel Committee, to formulate succes~ion plans in all of the City departments. ' 4 03/02/2009 1111',1,1,1 I,ll II C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, spoke in opposition to Chief Billdt remaining on the City's payroll. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the personnel actions, as submitted by the Chief Examiner, dated February 25, 2009, in accordance with Civil Service rnIes 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 voting no and the Fourth Ward vacant. 9. Item deleted 10. Authorization to proceed and approval of Plan No. 12595 - proposed vacation of a portion of the southerly side of Kendall Drive, northerly of Pine Avenue Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of a portion of the southerly side of Kendall Drive, northerly of Pine Avenue; and that Plan No. 12595 showing the proposed vacation of a portion of the southerly side of Kendall Drive, northerly of Pine Avenue, be approved. The motion carried unanimously with the Fourth Ward vacant. 11. RES. 2009-37 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of Kendall Drive (formerly State Highway 206) east of "H" Street and reserving an access and landscape easement for the Castaway Restaurant. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-37 was adopted unanimonsly with the Fourth Ward vacant. 12. Item deleted 13. RES. 2009-42 - Resolution of the City of San Bernardino authorizing execution of an agreement with Omnitrans to provide a shlllttle service for Metrolink riders during construction of the rf'.lIligJIment of Viaduct Boulevard (SS04-34 & SS07-32). Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-42 was adopted unanimonsly with the Fourth Ward vacilnt. 5 03/02/2009 1111'1., ilL L 14. RES. 2009-38 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant apflication to the California Environmental Protection Agency in the amount of $20,000 and authorizing the Fire Department to admini~ter the grant. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-38 was adopted lInAnimously with the Fourth Ward vacant. 15. Resolution of the Mayor and Common Council of the City of San Bernardino approving a side letter to Resolution No. 2005-66 for full-time, fire safety employees, adding language in Article IV, Fringe Benefits: Section 1, Health/Related Insurance; Section 4, Deferred Compensation; Section 7, Vacation and Holiday Sell-Back; Section 8, Welfare Benefit Trust; and Article V, Leave Provisions: Section 1, Vacation; adding Section 7, Fire Leave; and Article VII, General Provisions, Section 2, Term of Memorandum of Understanding (MOU). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of March 16, 2009. The motion carried unAnimously with the Fourth Ward vacant. 16. RES. 2009-43 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of two Indian Gaming Local Community Benefit grants in the amount of $525,637.81 for FY 08/09 and $985,241 for FY 09/10, and authorizing the expenditure of said grants for the designated law enforcement purposes as outlined in the grant budgets. Council Member/Commissioner McCammack stated she would abstain because San Manuel is a business client. She left the dais and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-43 was adopted with McCammack abstaining and the Fourth Ward vacant. 17. RES. 2009-39 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of a Titl~ III-B Grant Application through the County of San Bernardino Department of Aging and Adult Services (DAAS) for assisted transportation for the period of July 1, 2009 through June 30, 2010. 6 03/02/2009 111111-.,'111111 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adop~. Resolution No. 2009-39 was adopted unanimously with the Fourth Ward vacant. 18. RES. 2009-40 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute a Letter of Agreement with KaBOOM! for a community-build p~yground to be constructed at the Rudy C. Hernandez Community Center located at Meadowbrook Park. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-40 was adopted unanimonsly with the Fourth Ward vacant. 19. RES. 2009-41 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Services Agreement and issuance of a purchase order to Law Enforcement Medical Services for evidence collection not to exceed $80,000 for FY 2008-09 with one optional renewal year. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-41 was adopted unanimonsly with the Fourth Ward vacant. 20. RES. 2009-44 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement for the City of Redlands Police Department to nse the City of San Bernardino Police Department's fIring range. Council Member/Commissioner McCarnn1ack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-44 was adopted unanimously with the Fourth Ward vacant. 21. RES. 2009-45 - Resolution of the Mayor and Common Council of the City of San Bernardino rejecting Bid RFQ F-09-07 pursuant to Section 3.04.070 E of the Municipal Code for the purchase of concrete materials. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resoluti~n be adopted. Resolution No. 2009-45 was adopted unanimously with the Fourth Ward vacant. 7 03/0212009 1111'1-1 )11 I.;' 22. Receive and file - Annual Audit of the Water Department's Water and Sewer Utilities for the f"IScal year ending June 30, 2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council receive and file the Annual Audit of the Water Department's Water and Sewer Utilities for the fiscal year ending June 30, 2008. The motion carried unlln;monsly with the Fourth Ward vacant. 23. Item deleted 24. RES. 2009-46 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the San Bernardino Symphony for f"1nancial assistance from the 2008/2009 Civic and Promotion Fund for the Music in the Schools program. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-46 was adopted unanimously with the Fourth Ward vacant. 25. Appeal hearing - City Clerk's determination of ineligibility for San Bernardino High School to operate a f"rreworks stand in 2009 (Continued from February 17, 2(09) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried unanimously with the Fourth Ward vacant. 26. Public hearing - Right of Way contract and grant deed relative to the sale of City of San Bernardino Municipal Water Department owned real property to Caltrans RES. 2009-47 - Resolution of the City of San Bernardino directing and authorizing the execution of a Right of Way Contract with the State of California, Department of Transportation, and the execution of a Grant Deed for the City of San Bernardino Municipal Water Department owned property generally located south of 9th Street and west of "H" Street in the City of San Beruardino. Mayor/Chairman Morris opened the hearing. No public comments were received. 8 03/02/2009 1111'1,1 III III Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2009-47 was adopted with McClImmllck voting no and the Fourth Ward vacant. 27. Public hearing - resolution imposing liens on commercial properties for uncollected refuse fees Resolution of the City of San Bernardino imposing liens on commercial properties located within the City of San Bernardino for uncollected refuse fees. Note: No resolution was distributed with the backup materials. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued. (Note: No vote was taken.) Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to those individuals who had requested to speak that they would provide true and honest testimony. City Attorney Pemnan advised that the hearing had not been properly noticed; therefore, it could not be continued, but had to be tabled; and it would be illegal to take any public comments at this time. Mayor/Chairman Morris asked those individuals who had taken the oath and wished to speak to give their names to the City Clerk and they would be notified by her office when the hearing was rescheduled. Mr. Pemnan noted that all notices required by law would be re-sent. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried unanimonsly with the Fourth Ward vacant. Council Member/Commissioner McCanrmack stated that many people had called to say that they did not owe this money, and she requested staff to check on this. 9 03/02/2009 111111'1 'II III COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissipners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack; Assistant City Attorney Wilson, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Clerk Clark. Absent: None. Vacant: Fourth Ward R28. Master Cooperative Agreement for the sbX Bns Rapid Transit Project by Omnitrans (Continued from February 17,2009) Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Interim City Manager to execute a Master Cooperative Agreement by and between the City and Omnitrans (sbX Bns Rapid Transit Project). (R28A) Resolution of the Community Development Commission of the City of San Beruardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to execute a Master Cooperative Agreement by and between the Agency and Omnitrans (sbX Bus Rapid Transit Project). (R28B) Note: Resolution R28A was not distributed with the backup materials. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of March 16, 2009. The motion carried unlln;monsly with the Fourth Ward vacant. R29. EDAW, Inc. - Amendment No.1 to the Professional Services Agreement for additional funding RES. CDC/2009-8 - 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 Agreement for Professional Services by and between the Agency and EDAW, Inc. 10 03/0212009 11111"1 III 'II Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2009-8 was adopted with McClImmllck voting no and the Fourth Ward vacant. R30. San Bernardino new car automobile dealerships - Special sales promotion Council Members McCammack and Kelley stated they would like to see the City and the Agency really delve into and explore ways to promote the entire city of San Bernardino as well as educating the residents on how vital it is to keep their tax dollars in San Bernardino-possibly in conjunction with the Convention and Visitors Bureau and the local Chamber of Commerce. City Attorney Pemnan noted that he had just received a call from the President/CEO of the San Bernardino Area Chamber of Commerce, who commented that the Chamber has been involved in this activity for many, many years and has an ongoing program where they do this; and they would like to work closely with the EDA and assist with this project. Council Member/Commissioner Brinker stated that he had been approached by some of the vocational schools down by Hospitality Lane with an idea about re- branding the Hospitality area as Hospitality/University. He noted that there are more than 20 vocational education institutions around the Hospitality area, and the idea was to put up some signs that direct people to those institutions, with the idea that before and after classes students could meet at the local restaurants and spend dollars in our community. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that the Community Development Commission of the City of San Bernardino approve and authorize the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (" Agency") to undertake an advertising and special incentive automobile sales event for all new-vehicle automobile dealers in the City of San ~rnardino for a cost not to exceed $150,000. The motion carried unanimOusly with the Fourth Ward vacant. R31. Item deleted 11 03/02/2009 11111II1 III 1'1 32. Public Comments Maria Galvez, 25196 Alevpo Way, Moreno Valley, CA, a stuqent at CSUSB, stated that she wanted to bring community awareness to the programs offered for children at the Central City Lutheran Missionary Community Center. Their website addresses is www.cclm.orll;, or a person can call (909) 381-6921 to make a donation or for more infornIation. C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, made several suggestions on how to turn San Bernardino around from being a welfare city to being a city that helps itself and uses its educational resources. Rev. Betty Long, 854 N. Lugo Avenue, San Bernardino, CA, expressed her gratitude that the Fifth Street Senior Center is still open; otherwise, she does not know where she would go. Arlington Rodgers, 5941 Laura Lane, San Bernardino, CA, former solid waste manager for the City of San Bernardino, stated that contracting out the solid waste department was not a feasible thing for the City to do and urged the Council to be sure they are comparing apples to apples and oranges to oranges as they investigate this alternative. He also commented on the flooding that has occurred for over 43 years at the northwest corner of Baseline and Medical Center Drive when it rains. Tom Ramsey, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, spoke regarding the City's budget woes, the furloughs accepted by the general and mid-management employees, and the idea of selling or contracting out the solid waste division. He urged the Council to consider other ways to save money such as a Charter amendment repealing Section 186 and the exploration of contracting out the Police Department to the County. Dan Long, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, spoke regarding the drastic measures being taken to balance the budget in Parks and Traffic Signals; spoke in opposition to contracting out integrated waste management services; and asked the Council to do three things: 1) review the deep cuts in Parks to make sure they are absolutely necessary; 2) review the information provided to the SBPEA office today via fax relative to the Traffic Signal Shop and the II1~grated Waste Management Division; and 3) review the report provided by Management Partners, Inc.-a report less than 18 months old-before they consider spending another $100,000 for a consultant study that they already have the answers to. 12 03/02/2009 111111'1,111 IU Joe Arnett, 1681 Echo Drive, San Bernardino, CA, stated he was a candidate for the Fourth Ward Council seat; outlined his priorities if elected; and asked that people contact him at joearnett.com. Charles Greenwood, a Refuse Division employee, thanked Arlington Rodgers for coming to speak on behalf of the integrated waste management employees; stated that he thought the sale of the solid waste division was wrong-both for the employees and the taxpayers; and suggested that the Council members speak to Mando Leon and Gracie Washington about the refuse practices in this City. Bobby Oquendo, 264 E. 10th Street, San Bernardino, CA, a City fire employee, stated that they had come to the table in good faith and they were turned down. 33. Adjournment At 5:51 p.m. the meeting adjourned. The next joint regular meeting is scheduled for 1:30 p.m., Monday, March 16, 2009. RACHEL G. CLARK City Clerk By: LL E. w- LindaE.Harttel Deputy City Clerk 13 03/0212009