HomeMy WebLinkAbout10-04-2010 MinutesSan
CITY OF SAN BERNARDINO
300 N. "D "Street
San Bernardino, CA 92418
Website: www. sbcity. org
vtrgtma nzarquez
Jason Desjardins
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
OCTOBER 4, 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 1:35 p.m., Monday, October 4, 2010, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman,
City Manager McNeely; City Clerk Clark.
Absent: Council Member/Commissioner Desjardins.
Council Member/Commissioner Desjardins arrived at 1:41 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).
Mayor Patrick J. Morris
Cnunril iNomhnrc•
1 10/04/2010
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
Various Tow Franchise Companies v. City of San Bernardino
Hulse v. City
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
Police Management
G. Conference with real property negotiator -pursuant to Government Code
Section 54956.8:
Cinema Star Downtown Theater
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under Agenda Item No. lA, Existing Litigation:
Human Potential Consultants, LLC v. City of San Bernardino, et al. -San
Bernardino Superior Court Case No. CIVDS 917268.
Under Agenda Item No. 1B, Anticipated Litigation -Significant Exposure to
Litigation:
2 10/04/2010
Agenda Item No. 24 -Emergency Shelter Overlay District Ordinance; and
Hulse v. City, which had been incorrectly listed under Agenda Item No. 1C.
Under Agenda Item No. 1D, Personnel:
Several positions in the City Attorney's office.
Mr. Penman stated that the following cases would be stricken from the list of
items to be discussed in closed session:
Under Agenda Item No. 1C, Anticipated Litigation -Initiation of Litigation:
Various Tow Franchise Companies v. City of San Bernardino.
Under Agenda Item No. 1G, Conference with Real Property Negotiator:
Cinema Star Downtown Theater.
Reading of Resolutions & Ordinances
Deputy Ciry 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.
Invocation/Pledge of Allegiance
The invocation was given by Father Barnabas Laubach, retired chaplain from St.
Bernardine's Medical Center. The pledge of allegiance was led by Thomas Kolling, a
fifth grade student at Ramona Alessandro School.
2. Appointments
There were no commission appointments.
3. Presentations & Proclamations
In honor of Hispanic Heritage Month, Council Member Virginia Marquez joined
Mayor Morris in presenting a certificate of commendation to Ignacio Gomez,
renowned artist who designed the 2010 City of San Bernardino Bicentennial logo.
Frances Vasquez from the office of Supervisor Josie Gonzales presented Mr.
Gomez with a certificate of recognition for his contributions to arts and culture.
On behalf of Supervisor Josie Gonzales and the Hispanic Employees Alliance of
San Bernardino County, Ms. Vasquez invited the Mayor and Common Council to
attend the Hispanic Heritage Month Art Exhibition at the County Government
Center.
3 10/04/2010
Karen Serrano, representative from Congressman Joe Baca's office, presented
Mr. Gomez with a Certificate of Congressional Recognition for his incredible
artistic talent and the contributions he has made around the world.
Mayor Morris presented a proclamation designating the week of October 17-23,
2010, as Character Counts Week to Michael Dickinson, Superintendent of the
Public Safety Academy.
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 and Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, 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 Brinker, 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:
September 7, 2010. The motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated September 16, 2010, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
8. Personnel Actions
Public Comments:
Joe Ortiz, San Bernardino, CA.
Alycia Enciso, San Bernardino, CA.
4 10/04/2010
Council Member/Commissioner Brinker requested that the complete benefits
packages be made public, and he stated that he wanted to see the difference
between the current pay rate and the new pay rate for the promotional positions as
well as the positions that are reductions in force. He felt that the new employees
in the City Manager's office should work five days per week and questioned
whether the positions in the City Attorney's office should be put on hold until
after Measure C has been decided.
Council Member/Commissioner McCammack raised concerns with the salary for
the Public Works position.
City Manager McNeely explained that one of the things that went into effect with
the new salary ranges and compensation plan is the fact that in addition to the ten
percent cut, employees must now pick up the PERS contribution, which is
another eight percent, and that affects the ability to recruit and obtain qualified
candidates. Mr. McNeely stated that they expanded the scope of the Public
Works Director position and, as a result of the reorganization, added
responsibilities that previous directors have not had.
Discussion ensued regarding the recruitment process, the position of Public
Works Director, the positions in the City Attorney's office, and positions in the
Police Department.
Council Member/Commissioner Desjardins requested that the annual salary and
complete benefits packages be made available to the local newspaper to show that
the City is operating at full transparency. He stated that the City needs a Public
Works Director; however, he did not agree with promotions at this time.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the personnel actions, as submitted
by the Chief Examiner, dated September 30, 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. RES. 2010-339 -Resolution of the City of San Bernardino approving an
Agreement for Services with Keyser Marston Associates, Inc. to provide
professional planning and real estate services.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2010-339 was adopted unanimously.
5 10/04/2010
10. RES. 2010-332 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the issuance of annual purchase orders in an
amount not to exceed $73,082 in the aggregate to Sysco Foods, Merit Day and
Ross Swiss for the Senior Nutrition Program for FY 2010-11 through FY
2012-13.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-332 was adopted unanimously.
11. RES. 2010-333 -Resolution of the City of San Bernardino authorizing the
purchase of a Dell Virtual Server Array for the San Bernardino Police
Department's Laserfiche Document Imaging System from Dell Computers
Inc., of Round Rock, Texas.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-333 was adopted unanimously.
12. RES. 2010-334 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Service Agreement and
issuance of an annual purchase order to Law Enforcement Medical Services
for evidence collection not to exceed $83,000 for FY 2010-2011 with three
optional renewal years.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-334 was adopted unanimously.
13. RES. 2010-335 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the issuance of an annual purchase order to
All State Police Equipment for ammunition not to exceed $118,000 for FY
2010-2011 with three optional renewal years.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-335 was adopted unanimously.
14. Item deleted
15. Establish the Construction and Demolition Recycling Program (C&D) and
approve the recommended ordinances (Continued from September 20, 2010)
10/04/2010
ORD. MC-1332 - An ordinance of the City of San Bernardino, California,
adding Chapter 8.24.5 to Title 8 of the Municipal Code to establish the
Construction and Demolition Waste Recycling Program. FINAL READING
(15A)
ORD. MC-1333 - An ordinance of the City of San Bernardino amending the
defuution of "roll-off bin" contained in Section 8.24.060(W), of Chapter 8.24
of the San Bernardino Municipal Code. FINAL READING (15B)
ORD. MC-1334 - An ordinance of the City of San Bernardino amending
Chapter 8.24 to add Section 8.24.285 Self-Haul. FINAL READING (15C)
Council Member/Commissioner Desjardins asked if anything can be done about
the scavenging of recyclable materials which probably costs the City millions of
dollars in CRV.
City Attorney Penman answered in the affirmative. He stated that this issue
should be addressed and added that the City is losing a lot of money because of
these scavengers.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said ordinances A-C, be adopted.
Ordinance Nos. MC-1332, MC-1333, and MC-1334 were adopted
unanimously.
16. ORD. MC-1335 -Ordinance of the City of San Bernardino amending
Municipal Code Section 13.28.010, Collection of Delinquent Water, Rubbish,
Sewer or Other Municipal Utility Charges by adding an effective date of fifty
years from the date Article 4 of Chapter 6 of Part 3 of Division 5 of the
California Health & Safety Code, Section 5470, et seq. was adopted by the
City, adding Municipal Code Section 13.28.025, Notice of Delinquent Utility
Accounts and Lien, and amending Sections 13.28.020, Definition and
13.28.030, Description of Parcel Receiving Services to be filed with City
Clerk. FINAL READING (Continued from September 20, 2010)
Council Member/Commissioner McCammack stated that at the last meeting she
voiced her concern regarding the termination of water service, and although she
understands that the City can legally do that, she feels it's a huge health and
safety issue.
Public Comments:
Joe Ortiz, San Bernardino, CA.
7 10/04/2010
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No.
MC-1335 was adopted with McCammack voting "no," and Kelley abstaining.
17. RES. 2010-336 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance of
an annual purchase order with three one-year extensions at the City's option
to Stock All Services for the manufacture and repair of hydraulic cylinders
and supplies to be utilized by the Public Works Department, Fleet Division.
Council Member/Commissioner Johnson made a motion, seconded by Council
MemberlCommissioner Brinker, that said resolution be adopted. Resolution No.
2010-336 was adopted unanimously.
18. RES. 2010-340 -Resolution of the City of San Bernardino adopting the Five-
Year Capital Improvement Program (2010-2015) for Measure "I" Local
Expenditures.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted with
Exhibits A and B. Resolution No. 2010-340 was adopted unanimously.
Council Member/Commissioner McCammack declared a conflict on Motion 2,
Exhibit C, because she owns property within 500 feet of the sbX -Bus Rapid
Transit Project (SS 10-07). She left the Council Chambers and returned after the
vote was taken.
Council Member/Commissioner Brinker declared a conflict on Motion 2, Exhibit
C, because he owns property within 500 feet of the Hunts Lane Grade Separation
project for the Union Pacific Railroad (SS 04-51). He left the Council Chambers
and returned after the vote was taken.
Council Member/Commissioner Desjardins declared a conflict on Motion 2,
Exhibit C, because he owns property within 500 feet of the I-215 Widening
project (SS 10-01). He left the Council Chambers and returned after the vote was
taken.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted with Exhibit C.
The motion carried with Desjardins, Brinker and McCamtnack abstaining.
8 10/04/2010
19. RES. 2010-337 -Resolution of the City of San Bernardino approving
Consultant Services Agreements with the firms of KOA Corporation, RBF
Consulting, Krueper Engineering & Associates, Inc. and Transportation
Engineering and Planning, Inc. to provide on-call traffic engineering
services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-337 was adopted unanimously.
20. RES. 2010-338 -Resolution of the City of San Bernardino authorizing the
City Manager to execute agreements for services with the firms of Ninyo &
Moore, Inc., Hilltop Geotechnical, Inc. and Twining, Inc. for geotechnical
investigations and construction material testing.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-338 was adopted unanimously.
21. Authorize the City Manager to execute Contract Change Order No. One with
Bomel Construction Co., Inc. for Metrolink Parking Structure at the Santa
Fe Depot (GB 04-19), per Project Plan Nos. 12591, 12328, 12336, 12337,
12327,12348
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the City Manager be authorized to execute
Contract Change Order No. One with Bomel Construction Co., Inc. for the
Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Project Plan
Nos. 12591, 12328, 12336, 12337, 12327, 12348. The motion carried
unanimously.
22. RES. 2010-341 -Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a grant application to the
Corporation for National and Community Service for the Retired and Senior
Volunteer Program (RSVP) and accepting the amount of $59,137 for the
period of October 1, 2010 through September 30, 2011.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2010-341 was adopted unanimously.
9 10/04/2010
23. RES. 2010-342 -Resolution of the Mayor and Common Council of the City
of San Bernardino establishing policies and procedures for the naming of
City parks, facilities and amenities.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-342 was adopted with Desjardins, Kelley and McCammack voting "no."
24. Public Hearing - An ordinance establishing the Emergency Shelter Overlay
District and designating applicable areas (Development Code Amendment
No. 10-06) (Continued from September 20, 2010)
An ordinance of the City of San Bernardino amending San Bernardino
Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table
06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the
Emergency Shelter Overlay District and designate applicable areas. FIRST
READING
The hearing remains open. No public comments were received.
Staff requested atwo-week continuance.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of November 1, 2010. The motion carried with Kelley
voting "no."
25. Public Hearing -sale of City property known as the Convention Center
(Exhibit Hall)
Resolution of the City of San Bernardino approving the sale of City property
known as the Convention Center, and appurtenant parcel to the west, generally
located west of and adjacent to City Hall, east of "E" Street and south of Court
Street, and the granting of an appurtenant easement to the south, to the
Redevelopment Agency of the Ciry of San Bernardino and authorizing the
execution of a Sales and Purchase Agreement and the execution of a Grant Deed
for the sale of said property.
Note: No resolution was distributed with the backup materials.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
10 10/04/2010
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 18, 2010, at 4:30 p.m. The motion
carried unanimously.
26. An ordinance of the Mayor and Common Council of the City of San Bernardino,
California repealing Section 8.15.130 and adding Chapter 16.18 of the San
Bernardino Municipal Code regarding unauthorized signs on public property.
FIRST READING
Note: No ordinance was distributed with the backup materials.
Public Comments:
Joe Ortiz, San Bernardino, CA;
Randolph Riley, San Bernardino, CA.
Council Member/Commissioner Johnson thanked Mr. Riley for his volunteer
efforts in removing unwanted signs throughout the City.
Council Member/Commissioner Brinker asked about the possibility of creating a
civilian task force that could remove signs and issue citations.
City Manager McNeely stated that there would be some liability issues in doing
that; however, he would discuss the matter with the City Attorney.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Marquez, that the matter be referred to the
Legislative Review Committee. The motion carried unanimously.
27. 2010 League of California Cities Annual Conference & Expo
Note: No staff reports were distributed with the backup materials.
Council Members/Commissioners Johnson and Kelley presented brief oral reports
to the Mayor and Common Council.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said report be received and filed.
The motion carried with Desjardins absent.
11 10/04/2010
28. Request for Monthly Report of Utility Tax Revenue Received
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
direct the Director of Finance 1) to provide monthly reports every month
reporting the amount of revenue received by the City from the City's Utility
Users Tax in the month preceding. The delivery of the reports to the Council
Office is to be commenced on or before November 15, 2010. 2) To provide a
monthly breakdown of revenue received from the City's Utility Users Tax from
July 1, 2009 to June 30, 2010, and from July 1, 2010 to present. No vote was
taken.
City Manager McNeely stated that the information on the utility tax revenue is
currently being provided to the Council on a quarterly basis.
Barbara Pachon, Finance Director, stated that in addition to their basic day-to-day
operations such as payroll and audit reports, her department has been working on
the Cost Allocation Study and changing over to a Program Budget.
Council Member/Commissioner Kelley stated that the reason he was requesting
this information was to be more transparent and so the Council could be better
informed and more knowledgeable about the challenges facing the City. He
stated that Finance already has the data from the utility providers so it shouldn't
be too hard to provide the Council with a report via a-mail or inter-office memo;
that is, unless they don't want this Council and the public to know what kind of
revenue is coming into the City. Council Member/Commissioner Kelley stated
that if the information cannot be provided, then perhaps they should consider
contracting out the department with someone who has the ability and the
technology to provide the Council with the numbers they need.
Council Member/Commissioner Brinker stressed the need for better internal
communications. He stated that this matter could have been discussed at the
committee level prior to coming to the full Council; however, he felt the decision
ultimately rested with Mr. McNeely.
City Manager McNeely stated that staff tries to accommodate all requests from
the Council; however, many departments are under the gun to get things done.
He stated that Barbara had explained the situation to him and how it was going to
impact her department.
Council Member/Commissioner McCammack stated that they could ask for the
information this way or they could make a Freedom of Information Act request
on a monthly basis. She stated that Finance receives a couple hundred checks per
12 10/04/2010
month and that someone deposits those checks and/or reconciles the bank
statement-someone looks at that amount of money on a monthly basis.
Ms. Pachon stated that the checks are deposited monthly through Central
Cashiering who then sends a summary report to Finance.
Council Member/Commissioner McCammack stated that the Council should
receive a copy of that monthly summary report.
Ms. Pachon stated that it wasn't a monthly report-her office could get a report
every day from Central Cashiering.
Council Member/Commissioner McCammack stated that that information will
have to be given to Mr. Kelley-one way or the other-either nicely or through a
Freedom of Information Act request. She said that it is crazy to put staff under a
ten-day deadline when they could simply ask them to do something that would be
very simple-it didn't need to be elaborate.
City Manager McNeely stated that they have had significant cuts to staff and are
asking fewer people to maintain the existing workload, and in many instances are
asking them to do even more on top of that.
Council Member/Commissioner Shorett stated that quarterly reports are very
common and generally show a trend. He added that he didn't see the benefits of
receiving a monthly report versus a quarterly report.
Council Member/Commissioner Brinker made a substitute motion, seconded by
Council Member/Commissioner Shorett, that the Mayor and Common Council
accept the quarterly report and that the matter be referred to the Ways & Means
Committee on how to be more transparent with the information. The vote was
taken following further discussion.
City Attorney Penman stated that this discussion was very interesting, but it was
not a policy issue-it was a legal issue. He read Section 50 of the City Charter
and Sections 6250 and 6252.5 of the California Public Records Act. He stated
that the courts are not sympathetic to legislative bodies that give excuses as to
why they cannot produce certain records, but it depends on the availability of
those records. He advised that he didn't think the Mayor and Council had any
authority other than to direct the Finance Director to respond to this request.
City Manager McNeely stated that people have a right to have access to financial
information and that has to be made available. But there's a difference between
having information available and requiring staff to prepare monthly reports.
13 10/04/2010
City Attorney Penman stated that there are cases that say that an on-going public
records act request has to be honored.
Mayor/Chairman Morris stated that making documentation available to the public
is entirely appropriate. Asking staff to prepare a report that requires staff time is
a whole different matter entirely.
Council Member/Commissioner McCammack stated that all staff has to do is look
at one line item on a monthly basis and send Mr. Kelley an e-mail as to how
much money came in. She added that prior to receiving the report quarterly, the
Council used to receive the report every six months.
Council Member/Commissioner Kelley submitted a Public Records Request to the
City Clerk requesting the information relative to the utility tax because he did not
believe the issue would make it back to Council.
The substitute motion made by Council Member/Commissioner Brinker,
seconded by Council Member/Commissioner Shorett, that the Mayor and
Common Council accept the quarterly report and that the matter be referred to the
Ways & Means Committee on how to be more transparent with the information
carried with Desjardins, Kelley and McCammack voting "no."
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City
Attorney Penman; Economic Development Agency Deputy Executive
Director Gee and Agency Counsel Sabo; City Clerk Clark.
Absent: None.
R29. Joint Public Hearing -Pinewood Mountain Development, LLC -Lease
Agreement for a Temporary Bus Transfer Facility (Carousel Mall) (Continued
from September 20, 2010)
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
(1) a Master Lease Agreement by and between the Agency and Pinewood
Mountain Development, LLC ("Pine Mountain") for the former JC Penney
Tire, Battery and Automotive Center Building ("TBA"), (2) a Sub-lease
Agreement by and between the Agency and Omnitrans for the use of the JC
Penney TBA and (3) a Consent to Interim Lease of Land and Building
from/to the current Parties of the Reciprocal Easement Agreement (REA).
(R29A)
14 10/04/2010
Resolution of the Mayor and Common Council of the City of San Bernardino
consenting to the execution of a Master Lease Agreement for the
redevelopment and reuse of the former JC Penney Tire, Battery and
Automotive Center ("TBA") by and between the City of San Bernardino
Redevelopment Agency ("Agency") and Pinewood Mountain Development,
LLC (Central City Redevelopment Project Area). (R29B)
Note: No backup materials were distributed.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of October 18, 2010. The motion carried unanimously.
R30. Joint Public Hearing -Merged Area A - 2010 Merged, Amended and
Restated Redevelopment Plan and Program EIR (Central City North,
Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central
City, Central City South and Central City East Redevelopment Project
Areas)
Resolution of the Community Development Commission of the City of San
Bernardino certifying the final Program Environmental Impact Report for
the 2010 Merged, Amended and Restated Redevelopment Plan for the
proposed merger of the Central City North, Southeast Industrial Park, Tri-
City, South Valle, Meadowbrook/Central City, Central City South and
Central City East Redevelopment Project Areas; making findings pursuant to
the California Environmental Quality Act, adopting a mitigation monitoring
program; and adopting a statement of overriding considerations. (R30A)
Resolution of the Community Development Commission of the City of San
Bernardino ratifying the previously approved 2010 Merged, Amended and
Restated Redevelopment Plan for the merger of the Central City North,
Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central
City, Central City South and Central City East Redevelopment Project Areas
and recommending adoption of same to the Mayor and Common Council of
the City of San Bernardino. (R30B)
Resolution of the Mayor and Common Council of the City of San Bernardino
certifying the completion of the final Program Environmental Impact Report
for the 2010 Merged, Amended and Restated Redevelopment Plan for the
merger of the Central City North, Southeast Industrial Park, Tri-City, South
Valle, Meadowbrook/Central City, Central City South and Central City East
Redevelopment Project Areas; making written findings pursuant to the
California Environmental Quality Act; adopting a statement of overriding
considerations; and adopting a mitigation monitoring program. (R30C)
15 10/04/2010
Ordinance of the City of San Bernardino approving and adopting the 2010
Merged, Amended and Restated Redevelopment Plan for the merger of the
Central City North, Southeast Industrial Park, Tri-City, South Valle,
Meadowbrook/Central City, Central City South and Central City East
Redevelopment Project Areas. FIRST READING (R30D)
Note: No backup materials were distributed.
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner Desjardins stated that he would abstain on this
item upon the recommendation of Agency Counsel Sabo.
Don Gee, Economic Development Agency Deputy Executive Director, advised
that a letter had been received from Marc J. Manason of Lim, Ruger & Kim,
LLP, dated October 4, 2010, which stated their objections to the proposed
project. He added that copies of the letter would be distributed to the Council
prior to the next meeting.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of November 1, 2010. The motion carried with
Desjardins abstaining.
R31. Robert Oppel - Extension of purchase order to provide professional
construction management and related services for the Neighborhood
Stabilization Program
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the Community Development Commission
of the City of San Bernardino approve and authorize an extension of the purchase
order by and between the Redevelopment Agency of the City of San Bernardino
("Agency") and Robert Oppel through the month of November 2010, and
authorize the expenditure of $16,000 in addition to the original $25,000 purchase
order amount. The motion carried with Kelley and McCammack voting
"no."
16 10/04/2010
32. Program Performance Auditor (U} Position
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the new position of Program
Performance Auditor (U) not be hired and that the City Manager work with the
new Public Works Director to implement the Matrix Report. The motion
carried with Johnson voting "no."
33. RES. 2010-343 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a First Amendment to the
Professional Services Agreement between Shirley Ogata and the City of San
Bernardino for temporary attorney services in the City Attorney's Office.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-343 was adopted unanimously.
34. Security for City Council meetings
Note: No backup materials were distributed.
City Attorney Penman stated that security was increased to two officers per
Council meeting as a result of an incident that happened several years ago. After
a couple of meetings, the Council indicated that they were getting complaints
from the public about time delays in responding to calls. While the higher
priority calls were being responded to quickly, there was some delay in getting
responses to the others, so the Council decided that it was not the best
expenditure of City funds to have uniformed Police officers in the Council
Chambers instead of out on patrol and asked if the City Attorney's investigators
could provide security. He stated that his investigators are retired Police officers,
mostly from the City of San Bernardino, they are armed and well-trained.
He stated that no one informed him that a change had been made, but if they are
going to have Police officers at the meetings they don't need to have the
investigators at the meetings. He stated that he noticed that the Police officers
were only present during open session, but if they are going to take it over, he
would ask that they attend closed session as well. He added that he would like
the officers to receive some additional training.
Chief Kilmer stated that most cities use uniformed Police officers and they
sometimes supplement that with undercover officers or additional Police officers
depending on the type of meeting and the issues that are being discussed. He
recommended that uniformed Police officers provide security in the Council
Chambers as they have the proper training and equipment.
1~ ]0/04/2010
Council Member/Commissioner Kelley stated that he would prefer to have Police
officers out on the street doing what they do best.
Chief Kilmer stated that he wouldn't make the recommendation to provide this
service if it was going to impact the safety in the field.
Council Member/Commissioner Kelley suggested placing a metal detector in the
lobby of City Hall.
Chief Kilmer pointed out the benefits of having a uniformed Police officer in the
Council Chambers if something were to happen.
Mayor/Chairman Morris stated that during his 30 years as a judge in a courtroom
with a uniformed Deputy Sheriff, it has been his experience that that uniformed
professional was a critical part of orderly courtroom proceedings. Their visibility
made apparent by their uniform and their training made everybody in the
courtroom feel secure realizing that they had a trained professional on standby on
the premises. He added that their sheer visibility is a deterrent.
Council Member/Commissioner McCammack asked if the City Attorney
investigators received the same kind of training as the Police officers.
City Attorney Penman stated that during their careers as Police officers they get
the training; however, the training changes over the years.
Council MemberlCommissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that security for City Council meetings
continue to be provided by City Attorney investigators.
Council Member/Commissioner Johnson made a substitute motion, seconded by
Council Member/Commissioner Shorett, that security for City Council meetings
be provided by uniformed Police officers. The motion carried with Kelley and
McCammack voting "no."
35. Public Comments
Joe Ortiz, San Bernardino, CA, spoke in opposition to Measure C.
Ron Coats, San Bernardino, CA, candidate for San Bernardino County Board of
Education -Area D, stated that he does not have an agenda, will not put up any
signs, or accept any contributions because he wants to represent all the people,
not just a specific group. Mr. Coats stated that if the people who are
spearheading Measure C really want to save money, they should eliminate the
office of Mayor. He added that he hopes Measure C is voted down.
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Chris Mardis, San Bernardino, CA, field representative for County Supervisor
Josie Gonzales, stated that she has been reassigned to cover the San Bernardino
area. She added that if anyone had any concerns they could call her at 909-387-
4565. Ms. Mardis noted that she has 18 years with the County of San Bernardino
in various departments and has been a resident of the City of San Bernardino for
about 20 years.
Amelia Lopez, San Bernardino, CA, spoke in opposition to Measure C.
Charles Greenwood, San Bernardino, CA, wanted to make the public aware of
their volunteer organization called the "Orange Shirt Group." He stated that once
a month, or as time permits, they volunteer their time for clean up projects. Mr.
Greenwood invited the public to visit their website at utube.com/orangeshirtgroup
to obtain more information or to view some of their handiwork. He stated that
they can also be reached by phone at 909-713-3290.
James Smith, San Bernardino, CA, urged the public to get a copy of today's
Riverside Press Enterprise and read their editorial opinion in favor of Measure C.
He read an op-ed piece written by local economist John Husing, which also
appeared in the Press Enterprise.
Jim Penman, San Bernardino, CA, spoke in opposition to Measure C.
36. Adjournment
At 8:03 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, October 18, 2010.
RACHEL G. CLARK
City Clerk
By
Linda Sutherland
Deputy City Clerk
19 10/04/2010