HomeMy WebLinkAbout06-Council Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
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 18, 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 1:30 p.m., Monday, October 18, 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,
Desjardins, Brinker, McCammack; City Attorney Penman; City
Manager McNeely; City Clerk Clark.
Absent:
Council Members/Commissioners Shorett, Kelley, Johnson.
Council Member/Commissioner Kelley Arrived at 3:10 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):
Justin Goldin!? v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVSS 700791;
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10/18/2010
Police Chief Kilmer presented a Citizen A ward to Phillip Adams in recognition
of his heroic act of intervening in a home invasion robbery at a local senior
complex.
He then presented a Citizen A ward to Frank Alva III, who with his father,
Frank Alva Jr., stopped a vehicle high-jacking of a Core-Mark deliveryman
making a delivery at a 7/11 store, and Deborah Equels, who saw what was
happening and stopped to give medical assistance to the driver, thereby saving
his life. Representatives from Core-Mark also presented Mr. Alva and Ms.
Equels with gift certificates worth $500.
Mayor Morris and Chief Kilmer presented a commendation to Police Reserve
Lieutenant Arlene Kwock-Preece, who was recently selected as the 2010 State
Reserve Officer of the Year. A commendation was also given to Reserve
Officer Alfred Burgess, one of three recipients of the 2010 State Distinguished
Service Award.
Lieutenant Ray King made a presentation on the Downtown Policing Program.
On the occasion of the 25th Anniversary of the Feldheym Library, Mayor Morris
presented a commendation to Ed Erjavek, Library Information Technology
Manager.
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 Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, 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 with
Shorett and Johnson absent.
6. Council Minutes
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, 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: June
8, 2010; August 23, 2010; September 20, 2010. The motion carried with
Shorett and Johnson absent.
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10/18/2010
7. Claims & Payroll
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated September
30, 2010, from Barbara Pachon, Director of Finance, be approved. The
motion carried with Shorett and Johnson absent.
8. Personnel Actions
Public Comments
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the personnel actions, as submitted by
the Chief Examiner, dated October 14, 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 with
Shorett and Johnson absent.
9. RES. 2010-344 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and Stephen R. Onstot for
temporary attorney services in the City Attorney's Office.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. 2010-344 was adopted with Shorett and Johnson absent.
10. Designation of Hinderliter, de Llamas (HDL) as the authorized City
representative to examine transactions and use tax records and
authorization for them to provide analysis and audit services
RES. 2010-350 - Resolution of the Mayor and Common Council of the City
of San Bernardino designating Hinderliter, de Llamas (HDL) as the
authorized City representative to examine transactions (sales) and use tax
records, and designating the City Manager, the Director of Finance and the
Deputy Director of Finance as the City Officers authorized to receive
information contained in, or derived from, the transactions (sales) and use
tax records, and rescinding Resolution 2007-414. (lOA)
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10/18/2010
RES. 2010-351 - Resolution of the City of San Bernardino authorizing the
execution of an agreement with Hinderliter, de Llamas, Companies, LLC to
provide analysis and audit services for the City of San Bernardino's
transactions and use tax collected by the State Board of Equalization and
property tax audit and analysis services. (lOB)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolutions A and B, be adopted.
Resolution Nos. 2010-350 and 2010-351 were adopted with McCammack
voting "no" and Shorett and Johnson absent.
11. RES. 2010-345 - Resolution of the City of San Bernardino approving a
Memorandum of Understanding between the City of San Bernardino and
the San Bernardino Police Management Association regarding budget
concessions.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. 2010-345 was adopted with Shorett and Johnson absent.
12. RES. 2010-346 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Vendor Service Agreement
and issuance of a purchase order in the amount of $172,300 between the
City of San Bernardino and Riverside Construction Company, Inc. for
replacement of irrigation booster pumps and control systems at Seccombe
Lake Park per Capital Improvement Program Project PR04-16.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. 2010-346 was adopted with Shorett and Johnson absent.
13. Resolution of the Mayor and Common Council of the City of San
Bernardino canceling the monthly Services Agreement approved July 19,
2010 and authorizing the City Manager to approve an annual Services
Agreement between the City of San Bernardino and the Boys & Girls Club
of San Bernardino, Inc. to provide Community Services at the Delmann
Heights Community Center.
Staff indicated that this item needed to be continued to the next meeting.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the matter be continued to the Council/
Commission meeting of November 1, 2010. The motion carried with Shorett
and Johnson absent.
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10/18/2010
14. RES. 2010-352 - Resolution of the Mayor and Common Council of the City
of San Bernardino canceling the standard Facility Lease Agreement
approved August 2, 2010 and authorizing the City Manager to execute a
new standard Facility Lease Agreement with the County of San Bernardino
to create and operate a Family Resource Center at Nicholson Community
Center.
Public Comments
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the Director of Finance be authorized
to amend the FY 2010-2011 Parks and Recreation budget as outlined in the staff
report from Kevin Hawkins, Director of Parks, Recreation and Community
Services, dated October 5, 2010; and that said resolution be adopted. The
motion carried and Resolution No. 2010-352 was adopted with Shorett and
Johnson absent.
15. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute an agreement with
University Park, LLC, a California limited liability company, for Campus
Parkway Fencing and PCC Pavement Installation (SS08-01).
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the matter be continued to the Council!
Commission meeting of November 1, 2010. The motion carried with Shorett
and Johnson absent.
16. Authorization to proceed and approval of Plan No. 12705 - Proposed street
vacation of portions of 7th Street and Vine Street between Mountain View
Avenue and Sierra Way (New Lincoln II Elementary School)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the City Engineer and the City Clerk be
authorized to proceed with the proposed street vacation of portions of 7th Street
and Vine Street between Mountain View Avenue and Sierra Way; and that Plan
No. 12705 showing the proposed street vacation of portions of 7th Street and
Vine Street between Mountain View Avenue and Sierra Way, be approved.
The motion carried with Shorett and Johnson absent.
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10/18/2010
17. Authorization to proceed and approval of Plan No. 12707 - Proposed street
vacation of a portion of Irwin Street, south of Rialto Avenue, west of
Waterman Avenue (New Burbank II Elementary School)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the City Engineer and the City Clerk be
authorized to proceed with the proposed street vacation of a portion of Irwin
Street, south of Rialto Avenue, west of Waterman Avenue; and that Plan No.
12707 showing the proposed street vacation of a portion of Irwin Street, south
of Rialto Avenue, west of Waterman Avenue, be approved. The motion
carried with Shorett and Johnson absent.
18. Reject all bids for Sewer Improvements and Pavement Rehabilitation for
Rialto Avenue from Lena Road to Tippecanoe Avenue (SW08-05), per
Project Plan No. 12283
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that all bids be rejected for Sewer
Improvements and Pavement Rehabilitation for Rialto A venue from Lena Road
to Tippecanoe Avenue (SW08-05), per Project Plan No. 12283. The motion
carried with Shorett and Johnson absent.
19. Resolution of the City of San Bernardino establishing a fair market value
and sales price of $22,000 and declaring the intention of the City to sell City
of San Bernardino Municipal Water Department owned property generally
located northeasterly of Meyers Road and west of Martin Ranch Road to
Montecito Equities, LTD. and setting a public hearing for November 15,
2010 at 4:00 p.m., to consider said sale.
Prior to the vote being taken on the Consent Calendar, it was noted that Agenda
Item No. 19 needed to be continued to November 1, 2010.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the matter be continued to the Council/
Commission meeting of November 1, 2010. The motion carried with Shorett
and Johnson absent.
Subsequently, it was noted that several individuals had come to speak
specifically on Agenda Item No. 19, and they were allowed to make their
comments.
The following individuals all expressed their belief that the property was being
sold below fair market value and requested that another appraisal be done:
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10/18/2010
Lynette Kaplan, San Bernardino, CA;
Lauri Kelley, San Bernardino, CA;
Larry Heasley, San Bernardino, CA;
Hank Mitchell, San Bernardino, CA.
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 15, 2010. The motion carried
with Shorett and Johnson absent. (Note: This action would necessitate that
the public hearing be re-advertised and conducted at a later date.)
20. RES. 2010-347 - Resolution of the City of San Bernardino authorizing the
City Manager to execute agreements for services with Joseph E. Bonadiman
& Associates, Inc., Parsons Brinkerhoff and Guida Surveying, Inc. for on-
eall surveying and map checking support.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. 2010-347 was adopted with Shorett and Johnson absent.
21. RES. 2010-348 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment to the
agreement with Nelson Paving and Grading Corporation in order to include
asphalt paving and repair services at Medical Center Dr. from 9th St. to
16th St.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. 2010-348 was adopted with Shorett and Johnson absent.
22. Item deleted
23. RES. 2010-349 - 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 two one-year extensions at the City's
option to Fleet Pride for heavy-duty vehicle brake work, including the
purchase of various related parts and supplies to be utilized by the Public
Works Department, Fleet Division.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. 2010-349 was adopted with Shorett and Johnson absent.
24. Item deleted
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10/18/2010
25. Resolution of the Mayor and Common Council of City of San Bernardino
authorizing the City Manager to execute an Agreement for Professional
Transportation Modeling Services with Srinivasa S. Bhat.
Note: No resolution was distributed with the backup materials.
Staff indicated that this item needed to be continued to the next meeting.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the matter be continued to the Council!
Commission meeting of November 1, 2010. The motion carried with Shorett
and Johnson absent.
26. RES. 2010-353 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the sub recipient agreement
and budget detail worksheet for the FY 2010 Emergency Management
Performance Grant to the San Bernardino County Fire Department, Office
of Emergency Services.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized to
amend the FY 2010-2011 adopted budget to reflect the additional $10,933 funds
above the budgeted amount in the Disaster Preparedness Reimbursement
revenue account (Account No. 001-200-4615); and that said resolution be
adopted. The motion carried and Resolution No. 2010-353 was adopted with
Shorett and Johnson absent.
27. Public Hearing - An uncodified Ordinance providing that the California
Vehicle Code will be enforced within the San Bernardino International
Airport and on properties owned by the Inland Valley Development Agency
An uncodified Ordinance of the Mayor and Common Council of the City of
San Bernardino providing that the California Vehicle Code will be enforced
within the San Bernardino International Airport and on properties owned
by the Inland Valley Development Agency. FIRST READING
Council Member/Commissioner McCammack stated she would abstain on this
item because one of the parties is a business client. She left the Council
Chambers and returned after the vote was taken.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
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10/18/2010
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the hearing be closed; and that said
ordinance be laid over for final adoption. The motion carried with
McCammack abstaining and Shorett and Johnson absent.
28. Public Hearing - sale of City property known as the Convention Center
(Continued from October 4, 2010) (See related Agenda Item No. R31)
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 City 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: Staff advised that Agenda Item No. 28 and Agenda Item No. R31 needed
to be considered simultaneously. No resolution was distributed for Item No. 28.
The hearing remains op~n.
It was noted by staff that Agenda Item No. R31 called for a public hearing on
this same issue and had both a Mayor and Common Council resolution and a
Community Development Commission resolution, and that the Mayor and
Common Council resolution with Agenda Item No. R31 replaced the resolution
with Agenda Item No. 28.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
Joe Ortiz, San Bernardino, CA, spoke regarding how the City has come to be
selling this property.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that Agenda Item No. 28 be tabled. The
motion carried with Shorett and Johnson absent.
29. Item deleted
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10/18/2010
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Kelley, McCammack; Senior Assistant City Attorney
Wilson; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent: Council Members/Commissioners Shorett and Johnson.
R30. Joint Public Hearing - Pinewood Mountain Development, LLC - Lease
Agreement for a Temporary Bus Transfer Facility (Carousel Mall)
(Continued from October 4, 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). (R30A)
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). (R30B)
Note: No backup materials were distributed.
Staff indicated that this item needed to be tabled,
Council Member/Commissioner McCammack stated she would abstain because
San Manuel is a business client. She left the Council Chambers and returned
after the vote was taken.
Council Member/Commissioner Kelley made ,a motion, seconded by Council
Member/Commissioner Brinker, that the matter be tabled. The motion carried
with McCammack abstaining and Shorett and Johnson absent.
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10/18/2010
R31. Public Hearing - Purchase of City owned property known as the
Convention Center located west of City Hall, east of "E" Street, south of
Court Street (See related Agenda Item No. 28)
RES. 2010-354 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and consenting to the sale of City property
known as the Convention Center and making certain fmdings and
determinations pursuant to Health and Safety Code Section 33445.1 as to
the benefit to the State College Redevelopment Project Area for the sale of
said property (Central City Redevelopment Project Area). (R31A)
RES. CDC/2010-54 - 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 Sale and Purchase Agreement for the
purchase of the City owned property known as the Convention Center
making certain fmdings and determinations pursuant to Health and Safety
Code Section 33445.1 as to the benefit to the State College Redevelopment
Project Area for the sale of said property (Central City Redevelopment
Project Area). (R31B)
Mayor/Chairman Morris opened the hearing.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
Joe Ortiz, San Bernardino, CA. (See comments under Agenda Item No. 28.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Desjardins, that the hearing be closed; and that
said resolutions A and B, be adopted. The motion carried and Mayor and
Common Council Resolution No. 2010-354 and Community Development
Commission Resolution No. CDC/2010-54 were adopted with Shorett and
Johnson absent.
R32. RES. CDC/2010-55 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing 1)
that the Interim Executive Director of the Redevelopment Agency of the
City of San Bernardino ("Agency") execute Amendment No. 2 to the 2009
Neighborhood Stabilization Program Sub-Recipient Agreement by and
between the Agency and Affordable Housing Solutions of San Bernardino,
Inc. ("Sub-Recipient") and 2) that the Interim Executive Director of the
Agency be authorized to increase the capital allocation of the Agency's Low
and Moderate Income Set-Aside Funds in the amount of $4 million to the
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10/18/2010
Sub-Recipient for the purpose of continuing its foreclosure mitigation
activities.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. CDC/2010-55 was adopted with McCammack voting "no" and Shorett
and Johnson absent.
R33. RES. CDC/2010-56 - 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 professional services agreement by and
between the agency and Ludwig Engineering for Aerial Topographic
Mapping (Central City North, Central City South, Central
City/Meadowbrook Redevelopment Project Areas).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. CDC/2010-56 was adopted with Shorett and Johnson absent.
R34. Item deleted
R35. Item deleted
R36. Item deleted
R37. Neighborhood Stabilization Program ("NSP") Quarterly Report for the
period ending June 30, 2010
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the Community Development
Commission of the City of San Bernardino receive and file the quarterly report
of the Neighborhood Stabilization Program for the period ending June 30, 2010,
for the Redevelopment Agency of the City of San Bernardino. The motion
carried with Shorett and Johnson absent.
38. Public Comments
Kathleen Rainbolt, San Bernardino, CA, spoke regarding the property at 3171
Valencia and submitted pictures and an e-mail addressed to Council Member
McCammack regarding the eucalyptus trees and wildlife at the property and the
lack of water to maintain the trees.
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10/18/2010
Pastor Steven James and his wife Pamela James, San Bernardino, CA, spoke
regarding the mission of their church, Anointed Touch Ministries, and their
need for financial assistance.
Joe Ortiz, San Bernardino, CA, spoke in opposition to Measure C.
Joe Arnett, San Bernardino, CA, spoke in opposition to Measure C.
Paul Sanborn, San Bernardino, CA, spoke regarding various matters and urged
residents to vote "no" on Measure C.
James Tate, San Bernardino, CA, spoke regarding the graffiti on many of the
Vote "Yes" on Measure C signs located in the country club area.
Sandra Kurkoske, San Bernardino, CA, spoke regarding the noise associated
with the RA VE concerts held at the Orange Show and asked for resolution of
this matter.
Council Member/Commissioner Brinker asked for an official meeting with some
of our State representatives regarding this problem. City Attorney Penman
stated that most of the City's ordinances, including the noise ordinance, can be
enforced at the Orange Show and staff is working with Orange Show
representatives to resolve this matter.
David Rutherford, Public Affairs Manager with Ornnitrans, spoke regarding
the sbX Project and extended an invitation to attend their upcoming community
meeting regarding the project on Wednesday, November 27, from 8 a.m. to 1
p.m. at the Hilton.
Rose Loya, San Bernardino, CA, wondered how Measure C would save the
City money.
Kathy Mallon, San Bernardino, CA, spoke regarding graffiti, code
enforcement, the Council agenda that is posted on the City's website, and
Measure C.
James Penman, San Bernardino, CA, urged citizens to vote "no" on Measure
C.
James Smith, San Bernardino, CA, urged citizens to vote "yes" on Measure C.
Eric Katsikaris, San Jacinto, CA, spoke about the homeless problem in San
Bernardino and asked what San Bernardino is going to do to address the
problem.
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10/18/2010
John Valdivia, San Bernardino, CA, expressed opposition to Measure C.
39. Adjournment
At 5:58 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for Monday, November 1,2010.
By:
RACHEL G. CLARK
E Clerk
. 2~
Linda E. Hartzel
Deputy City Clerk
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10/18/2010
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
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
NOVEMBER 1, 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 1:32 p.m., Monday, November 1, 2010, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Absent:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City
Attorney Penman, City Manager McNeely, City Clerk Clark.
None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et al. v. City of San Bernardino, et al. - United States
Court of Appeals, Ninth Circuit, Case No. 09-55001;
1
11/01/2010
Human Potential Consultants ILC v. City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVDS 917268;
Edward Kin!? and AJA Jae!?er v. City of San Bernardino, Officer Adam
Affrunti in his individual capacity; Officer Elizabeth Contreras in her
individual capacity; and DOES 1-10, inclusive - United States District
Court, Case No. CV09-01339 SJO (PJWx);
Gabriel Lopez, a minor throu!?h his Guardian Ad Litem Leticia Lopez v.
Verizon Wireless, et al. - San Bernardino County Superior Court, Case
No. CIVDS 903213;
Estate of Terry Nash, by and throu!?h successor-in-interest Sheryl Jackson
and Terry Nash; Sheryl Jackson; and Terry Nash v. City of San
Bernardino; and DOES 1-10, inclusive - United States District Court,
Case No. CV09-08671 RGK (FFMx);
Teriz Odom v. City of San Bernardino - San Bernardino County Superior
Court, Case No. CIVSS 707125;
Zakyia Watson, throu!?h her Guardian Ad Litem Crystal Christman,
Sherman Watson, Individually and as representative of the Estate of
Shawn Lamond Watson, Catherine Thompson, Individually and as
representative Shawn Lamond Watson v. City of San Bernardino, Officer
Jonathan Plummer and DOES 1-25 - San Bernardino County Superior
Court, Case No. CIVSS 807970;
Eric Daniel Hanni{in v. Esli Quinonez Castillo; Jesus Perez; City of San
Bernardino, and DOES 1-80 - San Bernardino County Superior Court,
Case No. CIVDS 1005742;
Donnavan Parker v. City of San Bernardino and DOES 1-15 - San
Bernardino County Superior Court, Case No. CIVDS 1013471;
Vir!?il Larone Taylor v. City of San Bernardino; San Bernardino Police
Department; Ser!?eant Brad Lawrence; Officer Gerald Beall; Officer
Bennett; Officer White; Officer Everett; Detective Vicki Cervantes; and
Forensic Specialist Brenda Shaw - United States District Court, Case No.
EDCV 09-01656 CJC (jc);
Michael Anthony Rey, by and throu!?h his Guardian, Ad Litem, Christy
Luna v. City of San Bernardino, Michael Billdt, S!?t. R. Toppin!?, Officer
Chris Gray, Officer J. Simpson, Officer C. Dai, and DOES 1-50, inclusive
- San Bernardino Superior Court, Case No. CIVDS 1009578;
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11/0112010
Hector Briones and Roseland HardinR v. City of San Bernardino, San
Bernardino City Police Department, San Bernardino City Chief of Police
Keith L. Kilmer, Adam Affrunti, State of California, California HiRhway
Patrol, DOES 1-10 - United States District Court, Case No. CV 10-7571
CBM (Opx);
Cedric May Sr.; Brenda Standifer; S.D.M. and S.J.M., minors, by and
throuRh their Guardian Ad Litem Sasha Graves; Maurice JenninRs;
Anthony JenninRs; and Jashanda Standifer v. City of San Bernardino;
Officer Joseph ARuilar; Officer Jose Vasquez; Officer Byron Clark; Officer
LanRston CanriRht; Officer Melissa Flint; SerReant James Beach; and
DOES 1-10, inclusive - United States District Court, Case No. EDCV 10-
00978 YAP (DTBx);
Francisco Yovani Sanchez Joaquin, an individual v. City of San
Bernardino, a body corporate and politic; LanRsdon CanriRht, an
individual M. FLINT, an individual; and DOES 1-10 - United States
District Court, Case No. 10-07138 CAS (Rex);
Husam Suleiman, an individual v. City of San Bernardino, a Municipal
Entity, DOES 1-100, inclusive - San Bernardino Superior Court, Case
No. CIVDS 1014758;
San Bernardino Public Employees' Association, on its own behalf, and on
behalf of the General Unit employees of the City of San Bernardino;
Robert Michael Yandell, as an individual v. City of San Bernardino;
Common Council of the City of San Bernardino; Patrick J. Morris, in his
official capacity as Mayor of the City of San Bernardino; Charles
McNeely, in his official capacity as City ManaRer of the City of San
Bernardino; and DOES 1-10, inclusive - San Bernardino Superior Court,
Case No. CIVDS 1014651;
Lee Wayne Jones, Lisa Heallena Jones, Lee Jones, Jr., and Lica Jones v.
City of San Bernardino; County of San Bernardino; Officer Beach; Officer
KinR; Officer R. Reid; Officer D. Daves, and DOES 1-25, inclusive -
United States District Court, Case No. EDCV 08-00187 YAP (OPx).
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)
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11/01/2010
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:
Fire Safety
Fire Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Sangman Shin of the Del Rosa United Methodist
Church. The pledge of allegiance was led by Laila Delgado, a fifth grade student at
Arrowhead Elementary School.
2. Appointments - Measure Z Citizens Oversight Committee
· Andrew Machen - Council Member Marquez
· Howard Grossman - Mayor Morris
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the appointment of Andrew
Machen and Howard Grossman to the Measure Z Citizens Oversight Committee,
as requested by Council Member Marquez and Mayor Morris, be approved. The
motion carried unanimously.
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11/0112010
3. Presentations
Police Chief Kilmer and Lt. Dan Keil joined Mayor Morris in presenting
certificates of recognition to the San Bernardino Police Explorers who recently
captured the 2nd place overall award at the San Gabriel Valley's Explorers X-
Games.
A certificate of recognition was presented to Michael Page, Verizon Foundation's
Director of Public Relations, for contributions that will be made to the following
four San Bernardino-based educational non-profit organizations:
. Operation Phoenix will receive $50,000 to support tutoring for 100
students in kindergarten through fifth grade.
. The Asian American Educational and Cultural Resource Center will
receive $24,500 for ESL and computer skills training to approximately
100 new participants.
. El Sol Neighborhood Educational Center will receive $24,500 to provide
English as a Second Language classes to 200 low income and
underprivileged adult students at four community centers in San
Bernardino.
· Libreria del Pueblo will receive $24,500 to create eight neighborhood
networks that will provide 200 low income underserved Hispanic speaking
adults, including seniors, college students and other educators from their
neighborhood with technology-based educational sessions that will
increase their usage of computers and current technology. ESL sessions
that promote the usage of English language, self-esteem, and employment
will also be incorporated.
Carlos Rodriguez, CEO of the Baldy View Chapter of the Building Industry
Association announced that the Good Government Award had recently been
presented to Council Members Kelley and Shorett.
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.
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11/01/2010
5 . Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, 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 Shorett made a motion, seconded by Council
Member/Commissioner Johnson, 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
4,2010. The motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated October 22, 2010, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
8. Personnel Actions
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated October 28, 2010 (Revised), 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. 2010-361 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an amendment to the 2009 Professional
Services Agreement with William Holt for Hearing Officer and/or
Administrative Law Officer services.
Council Member/Commissioner Marquez made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-361 was adopted unanimously.
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11/01/2010
10. RES. 2010-355 - Resolution of the Mayor and Common Council authorizing
the City's continued participation in the Community Energy Partnership with
The Energy Coalition, a California non-profit corporation, Southern
California Edison and Southern California Gas Company.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-355 was adopted unanimously.
11. Item deleted.
12. RES. 2010-356 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino to enter into a
Memorandum of Understanding with the Bureau of Alcohol, Tobacco,
Firearms and Explosives (A TF) to form the San Bernardino A TF Arson Task
Force.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-356 was adopted unanimously.
13. RES. 2010-362 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a First Amendment to the Services Agreement
with Transtech Engineers Inc. and Purchase Order No. 303285 for the design
of the Verdemont Community Center per Capital Improvement Program
Project PR04-28.
Public Comments:
Lynette Kaplan, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-362 was adopted unanimously.
14. RES. 2010-363 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Vendor Service Agreement
and issuance of a purchase order in the amount of $83,461.03 between the
City of San Bernardino and Williams Scotsman, Inc. for the purchase and
installation of modular buildings at Al Guhin Park per Capital Improvement
Program Project PR04-28.
Public Comments:
Lynette Kaplan, San Bernardino, CA.
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11/01/2010
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-363 was adopted unanimously.
15. RES. 2010-357 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Renewal Local
Incentive Grant Award Agreement with the Network for Healthy California
(Network) in the amount of $310,506 for a three-year period - October 1,
2010 through September 30,2013.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-357 was adopted unanimously.
16. ORD. MC-1336 - An uncodified ordinance of the Mayor and Common
Council of the City of San Bernardino providing that the California Vehicle
Code will be enforced within the San Bernardino International Airport and
on properties owned by the Inland Valley Development Agency. FINAL
READING (Continued from October 18, 2010)
Council Member/Commissioner McCammack stated that she would abstain from
voting on this item.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No.
MC-1336 was adopted with McCammack abstaining.
17. RES. 2010-364 - Resolution of the City of San Bernardino authorizing a
contract with PMAM Corporation of Irving, Texas for Police False Alarm
billing services.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. 2010-364 was adopted with McCammack voting "no."
18. RES. 2010-358 - Resolution of the City of San Bernardino authorizing the
execution of two Pipeline Crossing Agreements with the Union Pacific
Railroad Company (UPRR) for sewer and storm drain relocation work to be
performed by the City, relative to the Hunts Lane Grade Separation Project,
south of Redlands Boulevard.
Council Member/Commissioner Brinker stated that he would abstain from voting
on this item.
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11/01/2010
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-358 was adopted with Brinker abstaining.
19. RES. 2010-359 - Resolution of the City of San Bernardino amending
Resolution No. 2010-283 authorizing execution of a Freeway Agreement with
the State of California for the State Highway Route 10 and Tippecanoe
Avenue Interchange Project.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-359 was adopted unanimously.
20. RES. 2010-365 - Resolution of the City of San Bernardino approving
Jurisdiction Master Agreement No. CI0254 with the San Bernardino County
Transportation Authority and the City of San Bernardino for partial funding
of eligible projects from Measure I 2010-2040 revenues identified in Measure
I 2010-2040 Strategic Plan's Valley Major Street Program-Arterial Sub-
program.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Desjardins made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2010-365 was adopted unanimously.
21. RES. 2010-360 - Resolution of the City of San Bernardino adopting the Five-
Year Capital Project Needs Analysis (2011-2016) for Measure I 2010-2040
expenditures.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-360 was adopted unanimously.
22. Authorize the City Engineer to execute Contract Change Order No. Two 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
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the City Engineer be authorized to execute
Contract Change Order No. Two with Bomel Construction Co., Inc. for the
Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Project Plan
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11/0112010
Nos. 12591, 12328, 12336, 12337, 12327, 12348. The motion carried
unanimously.
23. Presentation by eCivis Grants Network
Jennifer Fernandez of eCivis made a PowerPoint presentation to the Mayor and
Council.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be referred to the City Manager's
office for analysis and evaluation.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Kelley, that the City Manager be directed to
identify funding for a three-year agreement with eCivis Grants Network at the
price of $20,808 per year and that the agreement be presented at the November
15, 2010 Council meeting. The motion failed by the following vote: Ayes:
Kelley, McCammack. Nays: Marquez, Desjardins, Brinker, Shorett,
Johnson.
Council Member/Commissioner Brinker amended his original motion, seconded
by Council Member/Commissioner Shorett, that the City Manager be directed to
address funding sources and personnel issues and bring the item back within 30
days. The motion carried unanimously.
24. An ordinance of the Mayor and Common Council of the City of San
Bernardino, California repealing Chapter 5.68 and adopting a new Chapter
8.14 of the San Bernardino Municipal Code regarding yard sales. FIRST
READING
Public Comments:
Joe Ortiz, San Bernardino, CA;
Shirley Harlan, San Bernardino, CA.
City Attorney Penman advised that several non-substantive changes had been
made to the ordinance.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said ordinance be laid over for final
adoption.
Council Member/Commissioner McCammack clarified for the public that this
ordinance would allow residents to have a garage sale on four weekends out of
the year only and those four weekends would be chosen by the City. She stated
that the Council has been dealing with some major issues of people having garage
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11/01/2010
sales in their front yards every single weekend using it like a commercial retail
store. She stated that at the committee level she had suggested at least one
weekend every month, or one weekend every other month.
Council Member/Commissioner Brinker made a substitute motion, seconded by
Council Member/Commissioner McCammack, that said ordinance be adopted to
allow yard sales on the first weekend of every month.
Council Member/Commissioner McCammack stated that when people have to
move, they usually have to move by the first of the month.
Council Member/Commissioner Brinker amended his substitute motion, seconded
by Council Member/Commissioner McCammack, that said ordinance be adopted
to allow yard sales on the third weekend of every month.
City Attorney Penman advised that additional changes would have to be made to
the ordinance as a result of Council Member/Commissioner Brinker's substitute
motion.
Council Member/Commissioner Brinker made a substitute motion, seconded by
Council Member/Commissioner McCammack, that said ordinance, as amended
by interlineation, which would include the change to allow yard sales on the third
weekend of every month, be laid over for final adoption. The motion carried
with Kelley voting "no."
25. An ordinance of the City of San Bernardino amending Sections 15.04.020,
15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.114, 15.04.120, 15.04.125,
15.04.130, 15.04.163, 15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180,
15.04.200, 15.04.210, 15.04.220, 15.04.221, 15.04.230, 15.10.040, 15.10.080,
and 12.32.020 and repealing Sections, 15.04.110 and 12.32.060 of the San
Bernardino Municipal Code and adopting by reference the 2007 edition of the
California Building Standards Code, known as the California Code of
Regulations, Title 24 (CCR, T -24), incorporating the International Building
Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the
Uniform Plumbing Code, 2006 Edition, the National Electrical Code, 2005
Edition; and adopting the Uniform Housing Code, 1997 Edition, the Uniform
Administrative Code, 1997 Edition, the Uniform Code for the Abatement of
Dangerous Buildings, 1997 Edition, and amending those California Building
Standards as identified herein, through express findings of local necessity.
FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said ordinance be laid over for final
adoption. The motion carried unanimously.
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11/01/2010
26. Ordinance of the City of San Bernardino amending Chapter 15.16 of the San
Bernardino Municipal Code and adopting the 2010 California Fire Code,
with appendices, and incorporating by reference the 2009 Edition of the
International Fire Code and necessary California Amendments, together with
California Code of Regulations, Title 24. FIRST READING
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be laid over for final
adoption. The motion carried unanimously.
27. Public Hearing - An ordinance establishing the Emergency Shelter Overlay
District and designating applicable areas (Development Code Amendment
No. 10-06) (Continued from October 4, 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.
Council Member/Commissioner Shorett made a motion,
Member/Commissioner McCammack, that the matter
Council/Commission meeting of November 15, 2010.
unanimously.
seconded by Council
be continued to the
The motion carried
28. RES. 2010-367 - Resolution of the Mayor and Common Council of the City
of San Bernardino canceling the monthly Services Agreement approved July
19, 2010 and authorizing the City Manager to approve an annual Services
Agreement between the City of San Bernardino and the Boys & Girls Club of
San Bernardino, Inc. to provide Community Services at the Delmann Heights
Community Center. (Continued from October 18, 2010)
Council Member/Commissioner Johnson abstained as he is a member of the board
of the Boys and Girls Club of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-367 was adopted with Johnson abstaining and
Desjardins absent.
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11/01/2010
29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute an agreement with University Park,
LLC, a California limited liability company, for Campus Parkway Fencing &
PCC Pavement Installation (S808-01). (Continued from October 18, 2010)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the matter be tabled. The motion
carried with Kelley voting "no."
30. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute an Agreement for Professional
Transportation Modeling Services with Srinivasa S. Bhat. (Continued from
October 18, 2010)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the matter be continued to the
Council/Commission meeting of November 15, 2010. The motion carried with
Kelley voting "no."
31. Item deleted.
PLANNING ITEM
32. Public Hearing - An ordinance to amend Chapter 19.06 of the Development
Code (DCA No. 10-07), to permit drive-thru restaurants in a specified area of
the CR-2, Commercial Regional-Downtown, land use district; and
Conditional Use Permit (CUP) No. 10-15, a request to construct a 3,714 sq.
ft. drive-thru restaurant at the southeast corner of 5th and "H" Streets, with
Minor Exception (ME) No. 10-02, to permit a 10% height increase for a
pylon sign.
An ordinance of the City of San Bernardino amending Municipal Code
Section 19.06.020 (Development Code) Table 06.01 and Section
19.06.030(2)(H) to permit drive-thru restaurants in a specified area of the
CR-2, Commercial Regional Downtown land use district, subject to approval
of a conditional use permit. FIRST READING
Mayor/Chairman Morris opened the hearing.
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11/01/2010
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; that said ordinance be
laid over for final adoption; and that CUP No. 10-15 and ME No. 10-02 be
approved based on the findings of fact and subject to the conditions of approval
and standard requirements in the Planning Commission Staff Report. The
motion carried with Desjardins absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCamn'1ack; Economic
Development Agency Interim Executive Director Marzullo and Agency
Counsel Sabo; City Clerk Clark.
Absent:
None.
R33. 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) (Continued from October 4, 2010)
Resolution of the Community Development Commission of the City of San
Bernardino certifying the tinal 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 fmdings pursuant to
the California Environmental Quality Act, adopting a Mitigation Monitoring
Program; and adopting a Statement of Overriding Considerations. (R33A)
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. (R33B)
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11/01/2010
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. (R33C)
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 (R33D)
Note: No backup materials were distributed.
The hearing remains open.
No public comments were received.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council!
Commission meeting of December 6, 2010. The motion carried with
Desjardins and McCammack absent.
R34. Rosenow Spevacek Group, Inc - Amendment No.1 to the Agreement for
Professional Services (Merged Area B Merger and Amendment Project)
RES. CDC/2010-59 - 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 Amendment No. 1 to the Agreement for
Professional Services by and between the Agency and Rosenow Spevacek
Group, Incorporated.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2010-59 was adopted with Kelley voting "no" and Desjardins and
McCammack abstaining.
R35. San Bernardino Redevelopment Project Area Merged Area B Merger and
Amendment - Added Areas
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11/0112010
RES. CDC/2010-58 - Resolution of the Community Development Commission
of the City of San Bernardino approving the proposed annexed areas to the
Merged Area B Merger and the Amended Redevelopment Project Area
subject to further compliance with the California Redevelopment Law.
(R35A)
RES. 2010-366 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the proposed annexed areas to the Merged
Area B Merger and Amended Redevelopment Project Area subject to further
compliance with the California Redevelopment Law. (R35B)
Council Members/Commissioners Desjardins and McCammack stated that they
would abstain on this matter because they own property in the project area. They
left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolutions A and B, be adopted.
Community Development Commission Resolution No. CDC/2010-58 and
Mayor and Common Council Resolution No. 2010-366 were adopted with
Kelley voting "no" and Desjardins and McCammack abstaining.
R36. Mary Erickson Community Housing - Additional allocation of Agency's Low
and Moderate Income Housing Set-Aside Funds to continue acquisition and
rehabilitation efforts under the City's Neighborhood Stabilization Program
and amend the necessary contract
RES. CDC/2010-57 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the allocation of
$1,600,000 of Low and Moderate Income Housing Set-Aside Funds to Mary
Erickson Community Housing, Inc. ("MECH") and approving and
authorizing the Interim Executive Director of the Redevelopment Agency of
the City of San Bernardino ("Agency") to execute Amendment No. 2 to the
2009 Neighborhood Stabilization Program Master Agreement by and between
the Agency and MECH.
Susan McDevitt, Executive Director of Mary Erikson Community Housing, Inc.,
made a brief Power Point presentation to the Mayor and Council regarding their
progress to date.
Public Comments:
Joe Ortiz, San Bernardino, CA;
David McCammack, San Bernardino, CA;
Ruby Flores, San Bernardino, CA;
Connie Williams, San Bernardino, CA;
Chris Marshall, San Bernardino, CA.
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11/01/2010
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
CDC/2010-57 was adopted with Kelley and McCammack voting "no."
R37. Northbrook Apartments, LP (Alliance Property Group and Wasatch) -
Residual Receipts Loan Agreement for the redevelopment of 190 units of
affordable family housing
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
an Acquisition and Development Loan Agreement by and between the Agency
and Northbrook Apartments, L.P. (Affordable Family Rental Housing
Development).
The following individuals spoke in opposition to the project:
Larry Plotner, San Bernardino, CA;
Barbara Sokoloff, San Bernardino, CA;
Lynette Kaplan, San Bernardino, CA;
Joe Ortiz, San Bernardino, CA;
David McCammack, San Bernardino, CA;
Dennis Delmar, San Bernardino, CA;
Ron Coats, San Bernardino, CA;
Mike Hartley, San Bernardino, CA;
Felix D' Amico, San Bernardino, CA;
Alan Hild, San Bernardino, CA;
Mike Barr, San Bernardino, CA;
Esmeralda Negrete, San Bernardino, CA;
Warner Hodgdon, San Bernardino, CA;
Stephanie Allen, San Bernardino, CA;
Kathy Hartley, San Bernardino, CA.
The following individuals spoke in support of the project:
Chris Sloan, San Bernardino, CA;
Debbie Ariola, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Desjardins, that the matter be denied, that the money be
sent back, and that this project be removed from the Notice of Funding
Availability (NO FA) list. The motion carried unanimously.
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11/01/2010
38. Public Comments
Joe Ortiz, San Bernardino, CA, spoke in opposition to Measure C.
Ron Coats, San Bernardino, CA, spoke regarding salaries of City employees.
David McCammack, San Bernardino, CA, spoke in opposition to Measure C.
Shirley Harlan, San Bernardino, CA, spoke in support of Measure C.
Eric Katsikaris, San Jacinto, CA, spoke about the lack of a shoulder on either
side of the 1-215 Freeway.
Barbara Babcock, San Bernardino, CA, stated that there are seven or eight good
companies that provide grant writing and management services. She also spoke
in support of Measure C.
Linda Pederson, San Bernardino, CA, reported on the success of the St. John's
Community Success Center. She stated that they signed a contract in June with
the Economic Development Agency for their CDBG Grant, but they have not
been paid for July through September, and the October report is due on
November 5. She added that she had contacted EDA who referred her to the City
Attorney's office who referred her back to EDA.
Charles Greenwood, City employee, San Bernardino, CA, announced that their
volunteer organization called the "Orange Shirt Group" picked up five tons of
trash and disposed of 15 tires on "H" Street between 13th and 16th Streets. He
also spoke in opposition to Measure C.
Wendy McCammack, San Bernardino, CA, spoke in opposition to Measure C.
James Smith, San Bernardino, CA, spoke in support of Measure C.
Matt Korner, San Bernardino, CA, spoke regarding Agenda Item No. R37 and
in support of Measure C.
18
11/0112010
39. Adjournment
At 8:22 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1:30 p.m., Monday, November 15, 2010.
RACHEL G. CLARK
City Clerk
B~,J.d~Atd~
Linda Sutherland
Deputy City Clerk
19
11/0112010
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Jason Desjardins
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 15, 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., Monday, November 15, 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,
Desjardins, Shorett, Johnson, McCammack; City Attorney Penman;
Assistant City Manager Kurita; City Clerk Clark.
Absent:
Council Members/Commissioners Brinker and Kelley.
Council Member/Commissioner Kelley arrived at 1:59 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):
Edward Kin!? and AlA lae!?er v. City of San Bernardino, Officer Adam
Affrunti in his individual capacity; Officer Elizabeth Contreras in her
individual capacity; and DOES 1-10, inclusive - United States District
Court, Case No. CV 09-01339 SlO (PlWx);
11/15/2010
Estate of Terry Nash, by and throu{?h successor-in-interest Sheryl
Jackson and Terry Nash; Sheryl Jackson; and Terry Nash v. City of San
Bernardino; and DOES 1-10, Inclusive - United States District Court,
Case No. CV 09-08671 RGK (FFMx);
Human Potential Consultants UC v. City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVDS 917268;
City of San Bernardino v. Dainn Caldera - San Bernardino County
Superior Court, Case No. CIVDs 916001;
Samuel De Leon, et al. v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVDS 1008140;
Eric Daniel Hannifin v. Esli Quinonez Castillo; Jesus Perez; City of San
Bernardino, and Does 1 to 80 - San Bernardino County Superior Court,
Case No. CIVDS 1005742;
Donnavan Parker, v. City of San Bernardino and DOES 1 throu{?h 15 -
San Bernardino County Superior Court, Case No. CIVDS 1013471;
Vir{?il Larone Taylor v. City of San Bernardino; San Bernardino Police
Department; Ser{?eant. Brad Lawrence; Officer Gerald Beall; Officer
Bennett; Officer White; Officer Everett; Detective Vicki Cervantes; and
Forensic Specialist Brenda Shaw - United States District Court EDCV
09-01656 CJC (JC);
Michael Anthony Rey, by and throu{?h his {?uardian, ad litem, Christy
Luna v. City of San Bernardino, Michael Billdt, S{?t. R. Toppin{?, Officer
Chris Gray, Officer J. Simpson, Officer C. Dai, and Does 1 throu{?h 50,
inclusive - San Bernardino County Superior Court, Case No. CIVDS
1009578;
Hector Briones and Roseland Hardin{? v. City of San Bernardino, San
Bernardino City Police Department, San Bernardino City Chief of Police
Keith L. Kilmer, Adam Affrunti, State of California, California Hi{?hway
Patrol, Does 1 - 10 - United States District Court CV 10-7571 CBM
(Opx);
Cedric May Sr.; Brenda Standifer; S.D.M. and S.J.M., minors, by and
throu{?h their {?uardian ad litem Sasha Graves; Maurice Jennin{?s;
Anthony Jennin{?s; and Jashanda Standifer v. City of San Bernardino;
Officer Joseph A{?uilar; Officer Jose Vasquez; Officer Byron Clark;
Officer Lan{?ston Canri{?ht; Officer Melissa Flint; Ser{?eant James Beach;
and Does 1 - 10, inclusive - United States District Court EDCV 10-00978
YAP (DTBx);
2
11/15/2010
Francisco Yovani Sanchez Joaquin, an individual v. City of San
Bernardino, a body corporate and politic; LanRsdon CanriRht, an
individual M. Flint, an individual; and Does 1 - 10 - United States
District Court 10-07138 CAS (rex);
Husam Suleiman, an individual v. City of San Bernardino, a Municipal
Entity, Does 1 - 100, inclusive - San Bernardino County Superior Court,
Case No. CIVDS 1014758;
Landmark American Insurance Company v. City of San Bernardino - San
Bernardino County Superior Court, Case No. CIVDS 1015159.
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)
Claim of Ariel Tello
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:
Fire Safety
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
3
11/15/2010
Central City North Redevelopment Project Area
1.
Property Address:
Agency-owned former CinemaStar
Theater
4th and "E" Streets, San Bernardino
Negotiating Parties:
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and John
Roper on behalf of Regal/Edwards
Entertainment Company.
Under Negotiation:
Lease rate, terms and conditions.
Central City North Redevelopment Project Area
2.
Property Address:
295 Carousel Mall, San Bernardino
Negotiating Parties:
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and Donald
Chae and Min Chae, Managers of
PLACO San Bernardino, LLC
(Carousel Mall).
Under Negotiation:
Purchase pnce,
conditions.
terms
and
Closed Session - Public Comments
Joe Bonadiman, San Bernardino, CA, spoke regarding the CinemaStar Theater, stating
that he thought that the people that have a real stake in the community should at least be
able to review some of the business deals that come before the Mayor and Council and
be able to provide their input.
Ron Coats, San Bernardino, CA, stated that given the City's financial position, not one
single penny of the City's money should be spent to acquire the theater.
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.
4
11/15/2010
Moment of Silence
A moment of silence was observed in memory of William D. Smith, who recently
retired from the San Bernardino Police Department, and Ryan Bonaminio, a Riverside
police officer, who was shot and killed in the line of duty.
Invocation/Pledge of Allegiance
The invocation was given by Sister Maureen Chicoine of Our Lady of Hope Catholic
Church. The pledge of allegiance was led by Rachel Knerr, a fifth grade student from
Barton Elementary School.
2. Appointments
Samuel Williams Jr. - Fine Arts Commission - Council Member Kelley
(2A)
Robert G. Vega - Parks and Recreation Commission - Mayor Morris (2B)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the appointments of Samuel Williams Jr.
to the Fine Arts Commission and Robert G. Vega to the Parks and Recreation
Commission, as requested by Council Member Kelley and Mayor Morris, be
approved. The motion carried with Brinker absent.
3. Presentations
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 Department Years of Service
Kenneth J oswiak Parks, Recreation & 30
Community Services
Gina Ornelas Parks, Recreation & 5
Community Services
Elizabeth Contreras Police 5
Sue Hoak Police/ Animal Control 30
Betty Menor Police 30
Lyle Reyes Police 20
Isela Apodaca SBETA 10
Mayor Morris presented a Resolution of Commendation to Rachel "Rocky"
May, secretary in the Police Department, commending her for her many years
of service and congratulating her on her retirement.
5
11/15/2010
Rabbi Emeritus Hillel Cohn, Chairman of the Bicentennial Ad Hoc Committee,
provided a final report on the activities of the committee, and Certificates of
Appreciation and framed plaques were presented by the Mayor and Council
members to those who served as their representatives on the committee.
The City's Federal lobbyist, Letitia White of Innovative Federal Strategies,
presented a report on legislation at the Federal level.
Dave Mlynarski of Transtech Engineering presented a check to the City for the
purchase of a high definition monitor for electronic plan checking.
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 Shorett made a motion, seconded by Council
Member/Commissioner Johnson, 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 with
Brinker absent.
6. Claims & Payroll
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated November 4,
2010, from Barbara Pachon, Director of Finance, be approved. The motion
carried with Brinker absent.
7. Personnel Actions
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the personnel actions, as submitted by the
Chief Examiner, dated November 10, 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 with
Brinker absent.
6
11/15/2010
8. Mayor and Common Council and Community Development Commission
Regular Meeting dates for 2011
Council Member/Commissioer Shorett made a motion, seconded by Council
Member/Commissioner Johnson, 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 2011: January 10; January 24; February 7; February
22 (Tuesday due to holiday); March 7 and 21; April 4 and 18; May 2 and 16;
June 6 and 20; July 5 (Tuesday due to holiday); July 18; August 1 and 15;
September 6 (Tuesday due to holiday); September 19; October 3 and 17;
November 7 and 21; December 5 and 19. The motion carried with Brinker
absent.
9. ORD. MC-1337 - An Ordinance of the City of San Bernardino amending
Sections 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.114,
15.04.120, 15.04.125, 15.04.130, 15.04.163, 15.04.165, 15.04.167,
15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210, 15.04.220,
15.04.221, 15.04.230, 15.10.040, 15.10.080, and 12.32.020 and repealing
Sections 15.04.110 and 12.32.060 of the San Bernardino Municipal Code
and adopting by reference the 2007 edition of the California Building
Standards Code, known as the California Code of Regulations, Title 24
(CCR, T -24), incorporating the International Building Code, 2006 Edition,
the Uniform Mechanical Code, 2006 Edition, the Uniform Plumbing Code,
2006 Edition, the National Electrical Code, 2005 Edition; and adopting the
Uniform Housing Code, 1997 Edition, the Uniform Administrative Code,
1997 Edition, the Uniform Code for the Abatement of Dangerous Buildings,
1997 Edition, and amending those California Building Standards as
identified herein, through express findings of local necessity. FINAL
READING (Continued from November 1, 2010)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance
No. MC-1337 was adopted with Brinker absent.
10. ORD. MC-1339 - An ordinance of the Mayor and Common Council of the
City of San Bernardino, California repealing Chapter 5.68 and adopting a
new Chapter 8.14 of the San Bernardino Municipal Code regarding yard
sales. FINAL READING (Continued from November 1, 2010)
Public Comments:
Joe Ortiz, San Bernardino, CA.
7
11/15/2010
Council Member/Commissioner McCammack stated that she would like the
ordinance referred back to the Legislative Review Committee to consider
allowing seniors to have the occasional yard sale when they need it rather than
on the dates specified in the current language.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said ordinance be adopted and
referred back to the Legislative Review Committee. The motion carried and
Ordinance No. MC-1339 was adopted with Brinker absent.
11. ORD. MC-1338 - An ordinance of the City of San Bernardino amending
Municipal Code Section 19.06.020 (Development Code) Table 06.01 and
Section 19.06.030(2)(H) to permit drive-thru restaurants in a specified area
of the CR-2, Commercial Regional Downtown Land Use District, subject to
approval of a conditional use permit. FINAL READING (Continued from
November 1,2010)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance
No. MC-1338 was adopted with Brinker absent.
12. Item deleted
13. ORD. MC-1340 - Ordinance of the City of San Bernardino amending
Chapter 15.16 of the San Bernardino Municipal Code and adopting the
2010 California Fire Code, with appendices, and incorporating by reference
the 2009 Edition of the International Fire Code and necessary California
Amendments, together with California Code of Regulations, Title 24.
FINAL READING (Continued from November 1,2010)
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance
No. MC-1340 was adopted with Brinker absent.
14. 2010 and 2011 Holiday Closure Days
Public Comments:
Joe Ortiz, San Bernardino, CA.
8
11/15/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the closure of City Hall for Christmas Eve/Christmas Day on
Wednesday, December 22, 2010, and Thursday, December 23, 2010; and New
Year's Eve/New Year's Day on Wednesday, December 29, 2010, and
Thursday, December 30, 2010. The motion carried with Shorett voting "no"
and Brinker absent.
15. Establish salaries for Fire Department Ranges P-l, P-2, P-3, and P-4,
effective August 1, 2010
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that salaries for Fire Department
Ranges P-l (Firefighter), P-2 (Paramedic), P-3 (Fire Engineer) and P-4 (Fire
Investigator/Captain) be established, effective August 1, 2010; that the Human
Resources Department be authorized to amend Resolution No. 6429 to reflect
the above action; and that the Director of Finance be authorized to amend the
FY 2010/2011 budget. The motion carried with Brinker absent.
16. RES. 2010-369 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment to the
Professional Services Agreement between the City of San Bernardino and
Bruce Dunams.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-369 was adopted with Brinker absent.
17. RES. 2010-376 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a purchase order to Compucom for a one
year continuance of the software assurance contract for Microsoft Office
Professional Plus on 900 City PCs.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-376 was adopted with Brinker absent.
9
11/15/2010
18. RES. 2010-377 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submission of the Cal-Grip Grant for Fiscal
Year 2011 and authorizing the City Manager to accept the Grant Award.
Council Member/Commissioner McCammack abstained because one of the
recipients is a business client. She left the Council Chambers and returned after
the vote was taken.
Public Comments:
Sandy Bonea, Urban Youth Conservation Corps.
Bobby Vega, Urban Youth Conservation Corps.
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolution be adopted. Resolution
No. 2010-377 was adopted with McCammack abstaining and Brinker
absent.
19. RES. 2010-370 - Resolution of the City of San Bernardino ratifying the
submittal of grant applications to the US Soccer Foundation for funding in
the amount of $78,755 for the purchase of maintenance equipment,
irrigation supplies and program scholarships and awards for the 3rd Annual
Independence Cup, at the San Bernardino Soccer Complex.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-370 was adopted with Brinker absent.
20. Resolutions by the Mayor and Common Council to enter into a contract for
crossing guard services with All City Management Services for two crossing
guard positions at Belvedere Elementary School, and to amend the San
Manuel Policing District Services Agreement adopted by Resolution No.
2010-278.
RES. 2010-371 - Resolution by the Mayor and Common Council to
authorize the execution of Amendment No.1 to the San Manuel Policing
District Agreement approved by Resolution No. 2010-278. (20A)
RES. 2010-372 - Resolution by the Mayor and Common Council to enter
into a contract for crossing guard services with All City Management
Services for two crossing guard positions at Belvedere Elementary School.
(20B)
Council Member/Commissioner McCammack abstained because the school
district is a business client.
10
11/15/2010
City Attorney Penman abstained because his wife serves on the school board.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions be adopted. Resolution
Nos. 2010-371 and 2010-372 were adopted with McCammack abstaining and
Brinker absent.
21. RES. 2010-373 - Resolution of the Mayor and Common Council of the City
of San Bernardino superseding Resolution 2009-123 and establishing the
schedule of parking penalties for parking violations as set forth in the City
of San Bernardino Municipal Code and the California Vehicle Code.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-373 was adopted with Brinker absent.
22. Authorize the execution of an amendment to Commercial Roofing Systems,
Inc. for unforeseen costs related to the roof replacement at the Police
Department Annex "B" Project.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the City Manager be authorized to
execute Contract Change Order No. One with Commercial Roofing Systems,
Inc. for the additional repairs at the Police Department Annex lOB" project. The
motion carried with Brinker absent.
23. RES. 2010-374 - Resolution of the City of San Bernardino authorizing the
City Manager to execute Amendment No.1 to an agreement with RCE
Consultants, Inc. for professional civil engineering services for design of a
median in Fourth Street at Tiajuana Street (SS06-37).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-374 was adopted with Brinker absent.
24. Set public hearing for January 10, 2011 at 4:00 p.m. for review of Sewer
Treatment Rate Study 2011-2015
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that a public hearing be set for January 10,
2011, at 4:00 p.m. for review of Sewer Treatment Rate Study 2011-2015. The
motion carried with Brinker absent.
11
11/15/2010
25. Public Hearing - An ordinance establishing the Emergency Shelter Overlay
District and designating applicable areas (Development Code Amendment
No. 10-06) (Continued from November 1, 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 remained open.
Terri Rahhal, City Planner, provided background information. She concluded
her remarks by stating that this Overlay District is an important component of
the City's General Plan Housing Element; therefore, staff was recommending
approval.
Council Member/Commissioner Desjardins stated that with the additional
acreage that had been added (Area D-6), his proposal would be to delete Area
D-5 and designate Area D-6 as a replacement for it. He said he would not
support the item as long as Area D-5 was included due to its proximity to an
elementary school.
City Attorney Penman admonished Mr. Desjardins, stating that his comments
were out of order and prejudicial to the City since this matter had been
discussed in closed session. He requested that the Mayor ask Mr. Desjardins to
refrain from making comments about what has happened in closed session, and
the Mayor complied.
Council Member/Commissioner McCammack stated that Area D-6 was also
adjacent to a school.
Council Member/Commissioner Shorett asked if it was that simple to take out
Area D-5, especially since the City is striving for compliance with a State
requirement. He questioned whether the State requirement had to do with total
acreage throughout the City, insofar as taking Area D-5 out and replacing it
with Area D-6.
Ms. Rahhal responded that there is a certain amount of acreage overall that has
been included and it is approximately 170 acres throughout the city. She stated
that there would be an exercise involved in demonstrating the City's ability to
still meet the needs that have been estimated, and she believed that staff could
still do that even with losing the acreage from Area D-5. She added that Area
D-6 is almost half a mile from the existing school, whereas in Area D-5 the
school is much closer.
12
11/15/2010
No public comments were received.
Council Member/Commissioner Desjardins made a motion, seconded by
Council Member/Commissioner Kelley, that the hearing be closed; and that said
ordinance be laid over for final adoption, with elimination of Area D- 5 and
replacing it with Area D-6 in the City's Emergency Shelter Overlay District.
The motion carried with Kelley and McCammack voting "no."
Subsequently, Council Member/Commissioner Shorett changed his "yes"
vote to a "no" vote, resulting in a tie.
Mayor/Chairman Morris broke the tie with a "yes" vote, and the motion
carried.
26. Resolution of the City of San Bernardino establishing a fair market value
and sales price of $22,000 and declaring the intention of the City to sell City
of San Bernardino Municipal Water Department owned property generally
located northeasterly of Meyers Road and west of Martin Ranch Road to
Montecito Equities, LTD. and setting a public hearing for December 20,
2010 at 4:00 p.m., to consider said sale. (Continued from October 18, 2010)
Staff requested that this item be continued to the next meeting, at which time a
new public hearing date would be set.
Public Comments:
Lynette Kaplan, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Marquez, that the matter be continued to the Council!
Commission meeting of December 6, 2010. The motion carried with Brinker
absent.
27. Resolution of the Mayor and Common Council of City of San Bernardino
authorizing the City Manager to execute an Agreement for Professional
Transportation Modeling Services with Srinivasa S. Bhat. (Continued from
November 1, 2010)
Note: No resolution was distributed with the backup materials.
Staff requested that this item be continued to the next meeting.
13
11/15/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of December 6, 2010. The motion carried with
Brinker absent.
28. That the Mayor, City Manager and EDA Director (Interim or otherwise)
are required to inform all Council Members of any projects or issues
involving the Council Member's ward at the inception of said idea, project
or issue
Council Member/Commissioner McCammack read into the record a motion she
was proposing regarding this matter.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Desjardins, to approve the motion suggested by Ms.
McCammack, as follows: That the Mayor, Council Members, City Manager
and EDA Director (interim or otherwise) are required to inform a Council
member of any projects or issues involving said Council member's ward
sufficiently in advance of any committee or public discussion of such a matter,
so the Council members and the Mayor may provide their individual input and
solicit community input prior to any staff time or resources being expended.
The motion carried with Brinker absent.
29. Ordinance of the City of San Bernardino amending Section 10.52.050 of
Chapter 10.52 of the San Bernardino Municipal Code to establish a fifty
mile per hour speed limit on Alabama Street between Third Street and the
southern city limits approximately 1/2 mile south of 3rd Street. FIRST
READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said ordinance be laid over for
final adoption. The motion carried with Brinker and Kelley absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Shorett, Kelley, Johnson, McCammack; City Attorney
Penman; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent:
Council Member/Commissioner Brinker.
14
11/15/2010
R30. Professional Services Agreement with MAPCO Corporation for Design and
Engineering Services for Handicapped Access Street Improvement Projects
RES. CDC/2010-60 - 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 Professional Services Agreement by
and between the Agency and MAPCO Corporation for Professional
Consulting and Engineering Services for Handicapped Access Street
Improvement Projects (40th Street, South Valle, IVDA and Northwest
Redevelopment Project Areas).
Council Member/Commissioner Desjardins made a motion, seconded by
Council Member/Commissioner Marquez, that said resolution be adopted.
Resolution No. CDC/2010-60 was adopted with McCammack voting "no"
and Brinker absent.
R31. Allocation of Energy Efficiency Conservation Block Grant funds to the
Redevelopment Agency of the City of San Bernardino
RES. 2010-378 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the allocation of $86,465 in
Energy Efficiency Conservation Block Grant ("EECBG") funds to the
Redevelopment Agency of the City of San Bernardino ("Agency"). (R31A)
RES. CDC/2010-61 - 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 accept $86,465 in Energy Efficiency
Conservation Block Grant ("EECBG") funds from the City of San
Bernardino ("City"). (R31B)
Council Member/Commissioner McCammack stated that she would like to see a
policy established that when a letter goes out on City letterhead that is offering a
commercial energy efficient retrofit program, that we at least try to use a local
company, or at least a local County company, and not a company from Orange
County, Riverside County, or L.A. County. This would give the work to local
companies and also allow better recourse if something goes wrong.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Desjardins, that said resolutions A and B, be
adopted. Mayor and Common Council Resolution No. 2010-378 and
Community Development Commission Resolution No. CDC/2010-61 were
adopted with Brinker absent.
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11/15/2010
R32. CPT/SC Title Holding Corporation Electronic Message Sign at Hospitality
Lane and Waterman Avenue Adjacent to the 1-10 Freeway
RES. 2010-379 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a License Agreement with the CPT/SC Title
Holding Corporation for an off-site electronic message center freeway sign
for the Hospitality Business District and accepting an easement granted by
CPT /SC Title Holding Corporation. (R32A)
RES. CDC/2010-62 - Resolution of the Community Development
Commission of the City of San Bernardino authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a three-party agreement by and among
the City of San Bernardino, the Agency and CPT /SC Title Holding
Corporation regarding an electronic message sign at a 1.53 acre site on the
south side of Hospitality Lane, west of Waterman A venue (Southeast
Industrial Park). (R32B)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Desjardins, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2010-379 and Community
Development Commission Resolution No. CDC/2010-62 were adopted with
Brinker absent.
R33. Approval of Change Order No.1 to the Public Works Construction Contract
with Weka, Inc., for the relocation and construction of the sanitary sewer
line for the State Courthouse Project (Central City East Redevelopment
Project Area)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Community Development
Commission of the City of San Bernardino authorize and approve Change Order
No.1 to the Public Works Construction Contract with Weka, Inc. (Central City
East Redevelopment Project Area). The motion carried with Brinker absent.
34. RES. 2010-375 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odium & Haws and the City of San
Bernardino in the case of San Bernardino Public Employees' Association,
Robert Michael Yandell, et al. v. City of San Bernardino, et aI.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-375 was adopted with Brinker absent.
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35. RES. 2010-368 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the decommission of the San Bernardino
Bicentennial Ad Hoc Committee.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-368 was adopted with Brinker absent.
36. Public Comments
Joe Ortiz, San Bernardino, CA spoke regarding the recently defeated Measure
C.
37. Adjournment
At 6:04 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, December 6,2010.
RACHEL G. CLARK
City Clerk
By: ~~.Ikt~
Deputy City Clerk
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