HomeMy WebLinkAbout09-19-2011 Mt. Reg Mtg MinutesSan
CITY OF SAN BERNARDINO
300 N. "D " Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Robert D. Jenkins
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
SEPTEMBER 19, 2011
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 Pro
Tempore Shorett at 1:34 p.m., Monday September 19, 2011, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor Pro Tempore Shorett; Council Members/Commissioners Marquez,
Jenkins, Brinker, Johnson, McCammack; City Attorney Penman; City
Manager McNeely; City Clerk Clark.
Absent: Mayor Morris, Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley arrived at 3:11 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel — existing litigation — pursuant to
Government Code Section 54956.9(a):
Samuel Aguirre v. CiLE of San Bernardino — San Bernardino Superior
Court, Case No. CIVDS 1009719;
09/19/2011
Hector Briones and Roseland HardiL7g v. City of San Bernardino, San
Bernardino Police Department, San Bernardino City Chief of Police Keith
L. Kilmer, Adam A&unti, State of California, California Highway Patrol,
Does 1-10 — United States District Court, Case No. CV 10-7571
CBM(OPx);
Estate of Terry Nash, et al. v. City of San Bernardino, et al. — United States
District Court, Case No. CA-09-08671-RGK;
Donald Sipple, et al. v. City of Alameda, et al. — Los Angeles Superior
Court, Case No. BC 462270;
Universal Trailers, Inc. v. County of San Bernardino, et al. — San
Bernardino Superior Court, Case No. CIVDS 1102368.
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.
C. Conference with legal counsel — anticipated litigation — initiation of
litigation — pursuant to subdivision (c) of Government Code Section
54956.9.
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:
Fire Safety
G. Conference with real property negotiator — pursuant to Government Code
Section 54956.8.
Reading of Resolutions and 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
Mayor Pro Tempore Shorett requested a moment of silence in memory of Nylah
Irene Franco-Torrez.
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Invocation/Pledge of Allegiance
The invocation was given by Pastor Richard Elwell of University Park Church.
The pledge of allegiance was led by Johanna Soto, a fifth grade student at
Roosevelt School.
Appointments — Historical Preservation Commission
• Reverend Virginia Jecks-Wright — Council Member Jenkins
• James M. Smith — Council Member Shorett
Council Member/Commissioner Jenkins made a motion, seconded by Council
Member/Commissioner Brinker, that the appointments of Reverend Virginia Jecks-
Wright and James M. Smith to the Historical Preservation Commission, as
requested by Council Members Jenkins and Shorett, be approved. The motion
carried unanimously.
Presentations
The following individuals were presented a service pin award by Mayor Pro Tem
Shorett in recognition of their many years of dedicated service to the City:
Name
Department
Years of Service
Lorraine Dominguez
Civil Service
5
Jack Masters
Community Development
25
Donald Day
Fire
20
Brenda Hall
Fire
10
Bernard Horak Jr.
Fire
5
Matthew Block
Police
10
Matthew Good
Police
15
Jesse Joyce
Police
5
Lanier Rogers III
Police
5
Clemente Elizalde
Public Works
30
Eddie Kelley
Public Works
30
Olivia Wolff
Public Works
10
City Clerk Rachel Clark introduced Assistant City Clerk Mayra Ochiqui, who gave
a PowerPoint presentation of the City's new Agenda Management Program.
City Manager Charles McNeely introduced Assistant City Manager Andrea Travis -
Miller and Project Manager Debbie Okogba, who gave a PowerPoint presentation
recapping The City Pride — City -Wide City of San Bernardino Beautification
Partnership Community Clean -Up Day.
Council Member Marquez presented the Student of the Month Award to Efrain
Rodriguez.
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Council Member Brinker presented a resolution of commendation to Jack
Kofdarali, President of J&T Management, for his exemplary business leadership
and his service to the community.
Council Member McCammack presented the Citizen of the Month Award to the
San Bernardino Professional Firefighters Local #891 Charity Committee in
appreciation of the countless donations of time and money they have made
throughout the City of San Bernardino.
Emil Marzullo, Interim Executive Director, Economic Development Agency,
announced that a free seminar for business owners called "The Business
Accelerator Workshop and Networking Event" would be held at the Hilton Hotel
on Thursday, September 22, 2011, from 8:30 a.m. to 1:00 p.m.
Chamber of Commerce announcements were presented by Mary Wilson.
4. Announcements
Announcements were made by the Mayor Pro Tem, members of the Common
Council, and elected officials regarding various civic/community events and
activities.
5. Waive Full Reading of Resolutions and Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission dated September 19, 2011, be waived. The
motion carried unanimously.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, 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: July 5,
2011; July 11, 2011; and July 18, 2011. The motion carried unanimously.
7. Claims and Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated September 14, 2011, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
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8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the personnel actions, as submitted by the
Chief Examiner, dated September 15, 2011, 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. RES. 2011-264 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odlum & Haws and the City of San Bernardino
in the Case of San Bernardino City Professional Firefighters, Local 891 v. City
of San Bernardino, et al., Public Employment Relations Board Unfair Practice
Charge No. LA -CE -714-M.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution No.
2011-264 was adopted unanimously.
10. RES. 2011-270 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the San
Bernardino Symphony Orchestra for the promotion of Arts and Culture.
Council Member/Commissioner Brinker stated that he would abstain on this item
because his wife is a member of the San Bernardino Symphony board. He left the
Council Chambers and returned after the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution No.
2011-270 was adopted with Brinker abstaining.
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the San Bernardino City Fire Department (SBCFD) to enter into a
Cooperative Agreement with the United States Department of Agriculture
(USDA), San Bernardino National Forest, relating to fire protection and
rescue services within the mutual threat zone.
Note: No resolution was distributed.
Staff requested a two-week continuance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of October 3, 2011. The motion carried
unanimously.
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12. RES. 2011-265 — Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of the 2011 Assistance to Firefighters
Grant Program on-line application to the Department of Homeland Security
in the amount of $173,200 and authorizing the Fire Department to accept and
administer the grant funds.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution No.
2011-265 was adopted unanimously.
13. RES. 2011-266 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing a purchase order in the amount of $90,000 to New
World Systems Corporation for software configuration and training -related
expenses.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2011/12 IT budget by
transferring $90,000 from Account No. 679-250-5704-0000-0058 to Account No.
679-250-5181-0000-0058. The motion carried and Resolution No. 2011-266
was adopted unanimously.
14. RES. 2011-267 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the award of annual purchase orders for the
City's 800 MHz voice/data backbone, MDC maintenance, dispatch console
maintenance, and user equipment maintenance with the County of San
Bernardino's 800 MHz Group.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution No.
2011-267 was adopted unanimously.
15. RES. 2011-271 — Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Elite Companies US, Inc. for
pavement rehabilitation on Meridian Avenue from UPRR Overcrossing to
Foothill Boulevard (SS11-002), per Project Plan No. 12796.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-271 was adopted unanimously.
16. RES. 2011-268 — Resolution of the City of San Bernardino authorizing and
directing execution of a License Agreement with Magnolia Highland, L.P., for
an encroachment within Medical Center Drive, located at 2196 Medical
Center Drive, within the City, for the installation, operation, and maintenance
of a bus stop shelter and appurtenant facilities.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution No.
2011-268 was adopted unanimously.
17. RES. 2011-272 — Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to DBX, Inc., for Traffic Signal
Installation and Street Improvements at Medical Center Drive and Magnolia
Avenue (TC07-001) per Plans and Special Provisions Nos. 12031 & 12031A.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the bid of Moalej Builders, Inc. be rejected
as non-responsive; and that said resolution be adopted. The motion carried and
Resolution No. 2011-272 was adopted unanimously.
18. RES. 2011-269 — 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 $34,306.63 to Generator Services Company,
Inc for repairs to the emergency generator at the Police Department
headquarters.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution No.
2011-269 was adopted unanimously.
19. Public Hearing — First Amendment to Development Agreement No. 91-01
between the City of San Bernardino and the developer of the Inland Center
Mall (Continued from September 6, 2011)
A resolution of the Mayor and Common Council of the City of San Bernardino
approving First Amendment to Development Agreement No. 91-01 between
the City of San Bernardino and the developer of the Inland Center Mall,
located at 500 South Inland Center Drive.
The hearing remained open.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of October 17, 2011. The motion carried
unanimously.
20. RES. 2011-273 — Resolution of the City of San Bernardino authorizing the
execution of an agreement with American Traffic Systems (ATS) of Phoenix,
Arizona for an upgrade to the City's Red Light Camera Enforcement System,
and to authorize the Director of Finance to increase the Red Light Camera
Program revenue and expenditures.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2011/12 budget by
increasing the Red Light Camera Program revenue (Account No. 128-210-4441-
000) by $662,300 and increasing the Red Light Camera Program expenditures
(Account No. 128-210-5505-0000-0087) by $552,200, as discussed in the staff
report from the Chief of Police dated September 13, 2011. The motion carried
and Resolution No. 2011-273 was adopted with Kelley and McCammack
voting "no."
COMMUNITY DEVELOPMENT COMMISSION
No Community Development Commission agenda items were submitted for consideration.
21. Public Comments
Betty Jean Long, San Bernardino, CA, made political statements against Mayor
Morris; and stated that there is no place in government for career politicians.
David McKenna, San Bernardino, CA, spoke about the positive events that have
taken place in the City within the past two weeks and expressed his appreciation
and admiration for Police Chief Keith Kilmer.
Stella Garcia, San Bernardino, CA, spoke against the City's Property Maintenance
Ordinance and Code Enforcement citations that impose the maximum fine of
$1,000 per day on low income residents for not planting grass or hiding their trash
cans.
Bill Beaumont, San Bernardino, CA, San Bernardino City firefighter for over 28
years, voiced his displeasure with the Facebook post made by Mayor Morris on
Sunday, September 11, 2011.
Tom Elder, Riverside, CA, stated that his business re -files FBNs on fictitious
business names that have expired. He stated that he mailed one to Wendy
McCammack at the beginning of the month because the fictitious business name
for her business, "Express Printing Signs and Tees," aka "Creative Advertising and
Design," expired on July 10, 2011. He added that the District Attorney has shut
down his business and his bank accounts are frozen.
Jim Smith, San Bernardino, CA, stated that he was disappointed to learn that
certain Councilpersons were questioning the process of electing a new police chief.
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22. Adjournment
The meeting adjourned at 5:57 p.m. The next joint regular meeting of the Mayor
and Common Council/Community Development Commission is scheduled for 1:30
p.m., Monday, October 3, 2011.
RACHEL G. CLARK, CMC
City Clerk
/ i
FIN
-.'Pm�
Linda Sutherland
Deputy City Clerk
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