HomeMy WebLinkAbout02-16-2010 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
FEBRUARY 16, 2010
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., Tuesday, February 16, 2010, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Connnissioners Estrada,
Baxter, Shorett, Kelley, Johnson, McCannnack; Senior Assistant City
Attorney Wilson; City Manager McNeely; City Clerk Clark.
Absent:
Council Member/Commissioner Brinker.
Council Member/Commissioner Brinker arrived at 3:22 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Edward King, et al. v. City of San Bernardino, et al. - United States
District Court, Case No. CV-090339-SJO (PJWx);
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02/16/2010
Manta Management Corporation v. City of San Bernardino - San
Bernardino County Superior Court, Case No. CIVSS 813499;
Citizens for the Responsible Equitable Environmental Development v.
City - San Bernardino County Superior Court, Case No. CIVDS
918169;
People v. Margaret Sherman, et al. - San Bernardino County Superior
Court, Case No. SIVDS 917881;
Edward Daves, et al. v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVSS 815804;
Jan and Dan Batey v. City of San Bernardino - San Bernardino County
Superior Court, Case No. SCVSS 141503.
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:
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Central City North Redevelopment Project Area
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 Negotiation:
Purchase price,
conditions.
terms
and
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 long-time San Bernardino residents
Rhoda Fox and Edith Mitchell.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Bronica Martindale of The Master's Plan
Church of the Nazarene. The pledge of allegiance was led by Roshni Patel, a student at
Muscoy Elementary School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, announced that
they now have Bicentennial Street Flags available for sale. He also noted that
the first official major event scheduled for the Bicentennial "kick-off" is a
presentation of Legend of the Arrowhead at the California Theatre on February
18 at 8 p.m. Two members of the cast presented a "tease" performance of one
of the songs from the play/musical.
Council Member Baxter presented Cenijicates of Recognition to some of the
individuals who have served as Second Ward representatives on various City
boards and commissions during his tenure in office, as follows:
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02/16/2010
. Steven W. Campbell - Board of Building Commissioners
. John "Jack" Joseph Cone - Community Television Commission (not in
attendance)
. Susan Lien Longville - Measure Z Citizens Oversight Committee and
Planning Commission
Council Member Kelley presented the Student of the Month award to Brianna
Cassidy, a student at Shandin Hills Middle School.
Outgoing Second Ward Councilman Dennis Baxter was presented a resolution
from the Mayor and Council honoring him for his years of service with the
City. Bobbie Johnson presented a certificate to Mr. Baxter on behalf of
Assembly member Wilmer Amina Carter; and Fifth Ward Council member
Chas Kelley presented him with a bottle of Scotch.
Outgoing First Ward Councilwoman Esther Estrada, who served the City for
over 20 years as a Council member, was presented a resolution from the Mayor
and Council by Seventh Ward Council member Wendy McCarnmack. She was
also recognized by Bobbie Johnson on behalf of Assembly member Wilmer
Amina Carter; Manuel Carrillo, representing Senator Gloria Negrete McLeod;
and Fifth Ward Council member Chas Kelley presented Ms. Estrada with a
clock. She was also recognized and thanked by members of her family, Marta
Brown on behalf of the Casa Ramona Academy board, and students Sarah and
Mayra from Casa Ramona. Also, two of her appointed commissioners, Art
Guerrero and Velia Marquez, expressed their thanks and admiration for her
many accomplishments.
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name
Robert Simmons
Rosemary Allen
Eileen Gomez
Robert Sepulveda Jr.
Jennifer Shepardson
Nelson Carrington III
Jeffrey De Moet
Steve Desrochers
Jerry Hanes
Jeffrey Harvey
Michael Janzen
Johnny Turner
Department
Years of Service
City Attorney
City Clerk
Code Enforcement
Development Services
Development Services
Police
Police
Police
Police
Police
Police
Police
20
15
15
20
5
5
15
15
10
15
15
20
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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.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
. Member/Commissioner Shorett, 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 Baxter made a motion, seconded by Council
Member/Connnissioner Shorett, 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: January
19,2010; February 1, 2010. The motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated February 2,
2010, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
8. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the personnel actions, as submitted by the
Chief Examiner, dated February 11, 2010, 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. City of San Bernardino 2010-2011 Federal appropriations funding requests
Council Member/Commissioner McCamrnack stated she would abstain to avoid
the appearance of a conflict because OmniTrans is a business client.
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02/16/2010
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Baxter, that the recommended projects be approved and
that any additional projects be considered, as requested by Council. The
motion carried with McCammack abstaining.
10. RES. 2010-24 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the destruction of certain records no longer
required to be maintained by the City of San Bernardino Code Compliance
Department.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-24 was adopted unanimously.
11. Authorize the Director of Development Services to execute Contract Change
Order No. Three with Matich Corporation in the amount of $32,238.62 for
the Realignment of Viaduct Boulevard between 2nd Street and 3'd Street
(SD08-01), per Project Plan Nos. 12325 & 12326.
Senior Deputy City Attorney Barnes advised that the City Attorney's office had
abstained because Matich had donated to City Attorney Penman's campaign, and
the staff report had been reviewed by Agency Counsel Sabo.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the Director of Development Services be
authorized to execute Contract Change Order No. Three with Matich
Corporation in the amount of $32,238.62 for the Realignment of Viaduct
Boulevard between 2nd Street and 3'd Street (SD08-0l), per Project Plan Nos.
12325 and 12326. The motion carried unanimously.
12. Authorize the Director of Development Services to execute Contract Change
Order No. One with Weka, Inc. for Sanitary Sewer Improvement
Relocations for 1-215 Freeway Widening, Segments 1, 2 and 5 (SW09-03),
per Project Plan No. 12574
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the Director of Development Services be
authorized to execute Contract Change Order No. One with Weka, Inc. for the
Sanitary Sewer Improvement Relocations for the 1-215 Freeway Widening,
Segments 1, 2 and 5 (SW09-03), per Project Plan No. 12574. The motion
carried unanimously.
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02/16/2010
13. RES. 2010-30 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Bomel Construction Company,
Inc. for construction of the Metrolink parking structure at 1275 W. 3'd
Street near the Santa Fe Depot (GB 04-19), Federal Project No. CML-5033
(039), EA #08-924883L per plans and special provision Nos. 12591, 12328,
12336, 12337, 12327, 12348.
Public Comments
Jay Lindberg, San Bernardino, CA.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-30 was adopted unanimously.
14. RES. 2010-25 - Resolution of the City of San Bernardino approving a
Memorandum of Understanding between the Metropolitan Water District of
Southern California (Metropolitan) and the City of San Bernardino relating
to the Inland Feeder Project and authorizing the City Clerk to accept a
permanent easement deed from Metropolitan for Kendall Drive right-of-
way.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-25 was adopted unanimously.
15. Authorize the Director of Development Services to reimburse GFC
Enterprises, LLC for the installation of a traffic signal at the intersection of
Valaria Drive and Pacific Street
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the Director of Development Services be
authorized to reimburse GFC Enterprises, LLC for the installation of the traffic
signal at the intersection of Valaria Drive and Pacific Street. The motion
carried unanimously.
16. RES. 2010-31 - 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 Air Cleaning Systems for the construction of the Fire
Department vehicle exhaust removal system.
Public Comments
Jay Lindberg, San Bernardino, CA.
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02/16/2010
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-31 was adopted unanimously.
17. RES. 2010-26 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a revised
Facility Use Agreement by and between California State University, San
Bernardino and the City of San Bernardino allowing for the University's
use of Fiscalini Field from December 26, 2009 through December 25, 2010,
with the option of three (3) one-year renewals and repealing Resolution No.
09-378.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Connnissioner Shorett, that said resolution be adopted. Resolution
No. 2010-26 was adopted unanimously.
18. RES. 2010-27 - Resolution ratifying the submittal of a grant application to
General Mills Champions for Healthy Kids for the amount of $10,000 to
implement the "Stepping Out Childhood Obesity" Annual Drill, Dance,
Stomp, Step & Drum Competition.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-27 was adopted unanimously.
19. RES. 2010-28 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing tow carrier franchise fees as reqnired by
Resolution 2005-286 and the City's existing tow service agreements.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-28 was adopted unanimously.
20. RES. 2010-29 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment and increase
to annual Purchase Order Number 210491 by $200,100 to Guzman
Construction Company for additional concrete repairs.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-29 was adopted unanimously.
21. Receive and File - Annual Audit of the Water Department's Water and
Sewer Utilities for the fiscal year ending June 30, 2009
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02/16/2010
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Connnissioner Shorett, that the Mayor and Council receive and file the
Annual Audit of the Water Department's Water and Sewer Utilities for the fiscal
year ending June 30,2009. The motion carried unanimously.
22. RES. 2010-32 - Resolution authorizing the submittal of four grant
applications to the California State Parks Office of Grants and Local
Services Proposition 84 Funds totaling up to $20 million for the
development of new park space and renovation of existing recreation and
park facilities.
Bob Mueting, President of RJM Design Group, Inc., the consultants who
completed the City's Park Master Plan, provided a PowerPoint presentation
regarding the grant application process.
Council Member/Commissioner McCannnack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2010-32 was adopted unanimously.
23. Request of Ways and Means Committee to list fund/account balances on
Council agenda items
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the request to list fund/account balances on
Council agenda items be approved. The motion carried with Johnson and
McCammack voting "no."
24. Norton Space and Aeronautics Academy - Reimbursement Agreement for
waiver/reimbursement of fees (Continued from December 7,2009.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of June 21, 2010. The motion carried
unanimously.
25. An Ordinance of the City of San Bernardino amending the definition of
"Roll-off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San
Bernardino Municipal Code. FIRST READING (Continued from February
1,2010.)
Council Member/Connnissioner McCannnack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be continued to the
Council!Commission meeting of March 1, 2010. The motion carried
unanimously.
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02/16/2010
PLANNING ITEMS
26. Appeal Hearing - An appeal of the Planning Commission's approval of
Conditional Use Permit No. 07-15, a request to expand an existing 129,794
square foot retail commercial building by 41,644 square feet to a total of
171,438 square feet on approximately 15.13 acres located on the north side
of HigWand Avenue at the intersection with Boulder Avenue, at 4210 East
Highland Avenue in the CG-l, Commercial General land use district
(Appeal No. 09-03) (Continued from February 1,2010.)
The hearing remained open.
Staff requested a two-week continuance.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the
Council/Commission meeting of March 1, 2010. The motion carried
unanimously.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCannnack; Senior
Assistant City Attorney Wilson; Economic Development Agency Interim
Executive Director Marzullo and Agency Counsel Sabo; City Clerk
Clark.
R27. Bogh Engineering, Inc. - Construction Contract for construction of the
Eastside Skate Park and handicapped access improvements at Speicher
Park (Continued from February 1,2010.)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Redevelopment Agency of the
City of San Bernardino ("Agency") to be the lead Agency for the design
and construction of the Eastside Skate Park at Speicher Park located at
1535 Arden Avenue, San Bernardino (lVDA Redevelopment Project Area).
(R27 A)
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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 Bogh
Engineering, Inc., for construction of the Eastside Skate Park at Speicher
Park located at 1535 Arden Avenue, San Bernardino (lVDA Redevelopment
Project Area). (R27B)
Note: Resolution A was not distributed with the backup materials.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of March 1, 2010. The motion carried
unanimously.
R28. Amendment - Personnel Policies and Procedures for Employees of the City
of San Bernardino Economic Development Agency
RES. CDC/2010-4 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing an amendment to
Section 5.B., Working Hours, of the Personnel Policies and Procedures for
employees of the City of San Bernardino Economic Development Agency.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2010-4 was adopted unanimously.
R29. Designate Agency Check Signers and Co-signers and authorize the
establishment of checking and deposit accounts with Citizens Business Bank
and Citizens Trust
RES. CDC/2010-5 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the designation of
check signers and co-signers for the Redevelopment Agency of the City of
San Bernardino and authorizing the deposit of Agency funds with Citizens
Business Bank and Citizens Trust.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2010-5 was adopted unanimously.
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02/16/2010
R30. Reimbursement Agreement between the City and the Redevelopment
Agency of the City of San Bernardino for the off-site drainage and
appurtenant work at the intersection of Highland and Central Avenues
(TELACU Housing - San Bernardino IV, Inc., Senior Housing Project -
IVDA Redevelopment Project Area)
RES. 2010-33 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the City Manager of the City
of San Bernardino to execute the Reimbursement Agreement between the
City and the Redevelopment Agency of the City of San Bernardino for the
off-site drainage and appurtenant work at the intersection of Highland and
Central Avenues (TELACU Housing - San Bernardino IV, Inc., Senior
Housing Project - IVDA Redevelopment Project Area).
(R30A)
RES. CDC/2010-6 - 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 the Reimbursement Agreement between
the City and the Agency for the off-site drainage and appurtenant work at
the intersection of Highland and Central Avenues (TELACU Housing - San
Bernardino IV, Inc., Senior Housing Project - IVDA Redevelopment
Project Area). (R30B)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2010-33 and Community
Development Commission Resolution No. CDC/2010-6 were adopted
unanimously.
NB1. Ratify the Wildwood Little League Board of Directors' vote to rename the
Junior Division Field to Captain Creig Nece Field
Note: No backup materials were distributed.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that the matter arose subsequent to the posting
of the agenda. The motion carried unanimously.
Senior Deputy City Attorney Barnes advised that this type of action was allowed
only in emergency situations and questioned whether this was such a situation.
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02/16/2010
Council Members/Commissioners Shorett and Kelley stated that the Little
League Board of Directors wanted the new signs installed prior to opening
ceremonies, which are scheduled to take place March 13, 2010.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that the Mayor and Common Council ratify the
vote taken by the Wildwood Little League Board of Directors to rename the
Wildwood Junior Division Field to the Captain Creig Nece Field. The motion
carried unanimously.
31. Public Comments
Bill Robinson, San Bernardino, CA, expressed anger and concern that the flood
basins at Park Lane are filled with mud-some with trees inside the pipes. He
stated that there is a gas line in one of the pipes that has blown up before, and
the residents are terrified of what could happen, especially with more rains
coming. He gave City Manager McNeely pictures and notes regarding this
problem.
Wade Hall, San Bernardino, CA, along with other youth leaders of the Young
Visionaries Program, a youth advocate program to help fight against gang and
gun violence, stated that they are starting their own student/parent prevention
council. They invited the Mayor and Council and the citizens of San Bernardino
to their youth-led town hall meeting to discuss gang/gun issues from their
perspective on March 17, at the Boys and Girls Club on 9th Street from 6-7: 30
p.m. They will also be declaring April as National Teen Violence Awareness
Month.
18. Adjournment
At 6:40 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for Monday, March 1, 2010.
RACHEL G. CLARK
City Clerk
By: ~. H~e/~
Deputy City Clerk
13 02/16/2010