HomeMy WebLinkAbout10-19-2009 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
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 19, 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 1:36 p.m., Monday, October 19, 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
Pernnan; City Manager McNeely; City Clerk Clark.
None.
Absent:
Council Member/Commissioner Brinker left at 5:20 p.m.
1. Closed Session
Pursuant to Goverrnnent Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Goverrnnent Code Section 54956.9(a):
Jesus Vargas v. City, et al. - U.S. District Court, Case No. CV 09-05479
(RGK/FMOx).
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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:
Property Address: 2698 N. Arrowhead Ave.
APN: 0149-162-19
Council Member/Commissioner McCammack requested that the following matter
be discussed in closed session: Labor negotiations with Firefighters.
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 the
Community Development Commission.
Moment of Silence
Mayor/Chairman Morris requested a moment of silence in memory of Freddie Spellacy.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Martindale of The Master's Plan Church of the
Nazarene. The pledge of allegiance was led by Ashley Thompson, a 1" grade student at
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Kimbark Elementary School, and her sister, Amber Thompson, a 3'd grade student at
Kimbark Elementary School.
2. Appointments
There were no commission appointments.
3. Presentations
Brett Clavio, a representative from Omnitrans, gave a presentation on the
progress of establishing an Intermodal Transit Center in downtown San
Bernardino at Rialto Avenue and "E" Street. Rich Flier! of Cooper Carry stated
that they were chosen to provide Pre-Development, Conceptual Design, and
Visioning Services for the San Bernardino, California Transit Station and Transit
Village.
Mayor/Chairman Morris commended the members of the Employee Recognition
Committee, headed by Catherine Pritchett of the City Manager's office, for their
outstanding job in organizing this year's event. The recipients of the 2009
Employee Recognition Awards were:
Leobardo Sanchez, Facilities Management - General Unit
Art Wilder, Public Services - Mid-Management Unit
Bernard Horak, Jr., Fire Department - Management Unit
Marcus Anderson, Information Technology - Confidential Unit
Jarrod Burguan, Police Department - Safety Unit
Kevin Hawkins, Director of Parks, Recreation and Community Services, joined
Council Member/Commissioner Johnson in presenting a resolution of
commendation to Jan Wages on the occasion of her retirement from the City after
14 years of dedicated service.
Council Member/Commissioner Shorett presented the student of the month award
to Quianna Jefferson, a student at Serrano Middle School.
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, provided an update
of the Bicentennial Committee and introduced Nick Calero, the newest member of
the Ad Hoc Committee, who took on the responsibility of organizing their tree-
planting project that they hope will leave 200 trees throughout the City of San
Bernardino for future enjoyment.
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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
Susan Estrada
Donald Miller, Jr.
Robert Wells, Jr.
Gerald Budlong
Patricia Morana
Robert Coulter
Suzanne Daniels
Patricio Sanchez
Regina Black
Janice Stowers
4. Announcements
Department
Animal Control
Cable TV
Cable TV
Development Services
Development Services
Police
Police
Public Services
SBET A
SBET A
Years of Service
10
5
5
10
25
25
5
30
30
15
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 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: April 16,
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 1, 2009, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
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8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the personnel actions, as submitted
by the Chief Examiner, dated October 15,2009, 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
unanimously.
9. ORD. MC-BI8 - Ordinance Amending San Bernardino Municipal Code
Chapter 2.56 - Elections. FINAL READING (Continued from October 5,
2009)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No.
MC-13I8 was adopted unanimously.
10. RES. 2009-337 - Resolution of the City of San Bernardino ordering the
summary vacation of a Public Utility Easement (P.U.E.) on the property
located at 4789 David Way, in the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that Plan No. 12678 showing the proposed
vacation of a Public Utility Easement (P.D.E.) on the property located at 4789
David Way, be approved; and that said resolution be adopted. The motion
carried and Resolution No. 2009-337 was adopted unanimously.
11. 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.
Note: No resolution was distributed with the backup material.
Public Comments:
Robert Neves, San Bernardino, CA.
Joe Ortiz, San Bernardino, CA.
Sam Clauder, San Bernardino, CA.
Council Member/Commissioner Estrada requested that the City do a public
service announcement on Channel 3 regarding the illegal use of handicap
placards.
Staff requested a two-week continuance.
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council!
Commission meeting of November 2, 2009. The motion carried unanimously.
12. RES. 2009-338 - A Resolution approving the form of and authorizing the
execntion and delivery of a Purchase and Sale Agreement and related
documents with respect to the sale of the Seller's Proposition lA Receivable
from the State; and directing and authorizing certain other actions in
connection therewith.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolntion No.
2009-338 was adopted unanimously.
13. RES. 2009-339 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an annual stipend payable to employees who
waive health care benefits to commence calendar year 2010.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-339 was adopted unanimously.
14. RES. 2009-340 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with the
Sinfonia Mexicana for the promotion of arts and culture.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-340 was adopted unanimously.
15. RES. 2009-341 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Vendor Service
Agreement with Ewing Irrigation Products, Inc. and authorizing the Director
of Finance to increase Annual Purchase Order No. 210324 to Ewing
Irrigation Products, Inc. in the amount of $13,000, for a total of $37,900.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the Parks, Recreation and Community Services FY 2009/10 adopted
budget and transfer $33,500 from Other Professional Services (Account No. 001-
382-5505) to Materials and Supplies (Account No. 001-382-5111), with no net
impact to the City's budget; and that said resolution be adopted. The motion
carried and Resolution No. 2009-341 was adopted unanimously.
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16. Appeal Hearing - Appeal of the Police Department's denial, per their
investigation, of Andy K. Chung's permit to operate as a massage technician
Staff requested a two-week continuance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of November 2, 2009. The motion carried
unanimously.
17. 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 500 Inland Center Mall #214
Staff requested a two-week continuance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
CouncillCommission meeting of November 2, 2009. The motion carried
unanimously.
18. 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#54C0066). (Continued from October 5,2009)
Note: No resolution was distributed with the backup material.
Staff requested a two-week continuance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
CouncillCommission meeting of November 2, 2009. The motion carried
unanimously.
19. Update on Efforts of Graffiti Task Force
Catherine Pritchett of the City Manager's Office submitted into the record and
summarized her report titled, "September 2009 Graffiti Update to the Mayor and
Common Council," dated October 19, 2009.
Public Comments:
Joe Ortiz, San Bernardino, CA.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be received and filed.
The motion carried unanimously.
20. Item deleted
21. Item deleted
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Sf. Assistant
City Attorney Wilson; Economic Development Agency Deputy Executive
Director Gee and Agency Counsel Sabo; City Clerk Clark.
Absent:
None.
R22. Authorization and execution of an agreement between the City of San
Bernardino ("City") and Caltrans for Community-Based Transportation
Planning ("CBTP") Grant Program Funds and a Sub-Recipient Agreement
between the City and the Redevelopment Agency of the City of San
Bernardino ("Agency")
RES. 2009-342 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving certain agreements and authorizing the Mayor
to execute (1) an agreement by and between the City and Caltrans for
Community-Based Transportation Planning ("CBTP") Grant Program
Funds and (2) a Sub-Recipient Agreement by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and the
City. (R22A)
RES. CDC/2009-62 - 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 Sub-Recipient Agreement by and
between the Agency and the City of San Bernardino (Community-Based
Transportation Planning Grant Program). (R22B)
Don Gee, Deputy Executive Director, Economic Development Agency, advised
that it was necessary to make a correction on page 6 of Exhibit A, which is the
Sub-Recipient Agreement, to strike Section 16C.
Sf. Assistant City Attorney Wilson stated that the language in Section 16C was
normally included in federal contracts and was not permitted in State contracts.
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10/19/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolutions A and B, be adopted, as
amended, deleting Section 16C of the Sub-Recipient Agreement. Mayor and
Common Council Resolution No. 2009-342 and Community Development
Commission Resolution No. CDC/2009-62 were adopted unanimously.
23. Public Comments
The following individuals spoke in opposition to the proposed moratorium on
sober living facilities, group homes, and housing for persons with disabilities:
Jeff Christensen, Marina Del Rey, CA;
Richard A. Carrillo, Riverside, CA;
P. H. Miller, San Bernardino, CA;
Deborah Parker, San Diego, CA;
Don Gillespe, San Bernardino, CA;
Jim Johnson, San Bernardino, CA;
Gabriel Ramirez, San Bernardino, CA;
Randy Worley, San Bernardino, CA;
Nobel Himed, San Bernardino, CA.
Henry Empeiio, Sf. Deputy City Attorney, corrected some
misunderstandings regarding sober living homes and the ordinance adopted
by the City.
The following individuals spoke about the City Council's behavior:
Betty J. Long, Sau Bernardino, CA;
Sam Clauder, San Bernardino, CA.
The following individuals made political statements in support/opposition of
one or more City candidates running for office in the upcoming election:
Joe Ortiz, San Bernardino, CA;
Carol Donnelly, San Bernardino, CA;
Roger Henderson, San Bernardino, CA;
Jim Penman, San Bernardino, CA;
James Smith, San Bernardino, CA;
Tim Prince, San Bernardino, CA.
Debbi Malley, San Bernardino, CA, spoke about graffiti.
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The following individuals spoke regarding an incident of police brutality by
the San Bernardino Police Department:
Ms. Standifer, San Bernardino, CA;
Maurice Jennings, Corona, CA;
Brenda Standifer, San Bernardino, CA;
J. Robinson, San Bernardino, CA. Mr. Robinson also spoke about
automatic license plate readers and parking meters in downtown San
Bernardino.
Jay McNair, San Bernardino, CA, spoke about a request for a variance to build a
block wall in the Verdemont area.
Rose Loya, San Bernardino, CA, spoke regarding sex offenders and sexual
abuse.
Shirley Harlan, San Bernardino, CA, spoke regarding the Assistant City
Attorney's article in the Sun newspaper that inferred that there may be sexual
harassment of women in the City.
Bob Neves, San Bernardino, CA spoke about the inaccessibility of sidewalks in
the downtown area and the 18-inch clearance requirement next to a door.
24. Adjournment
At 6:52 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, November 2,2009.
RACHEL G. CLARK
City Clerk
By~':"A"A _~ J
Linda Sutherland
Deputy City Clerk
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