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HomeMy WebLinkAbout11-02-2009 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 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. 2 11/02/2009 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. 3 11102/2009 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. 4 11102/2009 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. 5 11/02/2009 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. 6 11/02/2009 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. ) 7 11/02/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Shorett, that the matter be tabled. The motion carried with Kelley absent. 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). 8 11/02/2009 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. 9 11102/2009 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 10 11/02/2009