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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 Vacant Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammnck MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 7,2011 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Pro Tempore Brinker at 1:37 p.m., Monday, March 7,2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor Pro Tern Brinker; Council Members/Commissioners Marquez, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; Assistant City Manager Kurita; City Clerk Clark. Absent: Mayor/Chairman Morris. Vacant: Second Ward. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): San Bernardino City Professional Firefif.fhters v. City, et al. - San Bernardino Superior Court, Case No. CNSS 1102415. 1 03/07/2011 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) Red Light Cameras - Agenda Item #31 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City Redevelopment Project Area 1. Property Address: 295 Carousel Mall, San Bernardino APNs: 0134-181-28, 0134-211-34 and 38, 0134-291-11, 0134-301-22, 0134-231-29, 0134-231-27 and 28 and 0134-221-45 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Leasor and David H. Slaughter, Director of Real Estate Services Department, County of San Bernardino, as Leasee. Under Negotiation: Lease terms and conditions. 2 03/07/2011 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory of Victor and Kane Alexander. Invocation/Pledge of Allegiance The invocation was given by Pastor Joel Alvarado of The Rock Church. The pledge of allegiance was led by Kamouri Fradiue, a fifth grade student from Inghram Elementary School. 2. Appointment - Charlotte R. LeVecque - Animal Control Commission - Council Member Shorett Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the appointment of Charlotte LeVecque to the Animal Control Commission, as requested by Council Member Shorett, be approved. The motion carried unanimously. 3. Proclamations & Presentations Council Member/Commissioner Kelley presented a proclamation to Sister Camillus Gavigan and Sister Maura Redington declaring the month of March as Irish American Month in the City of San Bernardino, followed by a bagpipe presentation by Valerie Byrnes and Lela Perriello. Council Member/Commissioner Kelley presented a resolution to members of the Eta Beta Chapter of the Alpha Phi Fraternity at California State University San Bernardino acknowledging their work. The Citizen of the Month award was presented to Michael Dickinson, Steve Filson, and Mrs. Kathy Toy of the Public Safety Academy by Council Member/Commissioner Marquez. Mayor Pro Tern Brinker and Fire Chief Conrad honored Willie Coats and Aaron Lutton (who could not be present) with Citizen A wards and Certificates of Commendation for their heroic efforts in a rescue of residents involved in a fire at 4599 North Sierra Way. 3 03/07/2011 4. Announcements Announcements were made by the Mayor Pro Tern, Members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5 . Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission dated March 7, 2011, be waived. The motion carried unanimously. 6. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated March 2, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the personnel actions, as submitted by the Chief Examiner, dated March 3 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 8. RES. 2011-58 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Timothy Sabo, of Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to advise the Planning Commission and the Mayor and Common Council regarding the proposed revocation/ modification of Conditional Use Permit No. 93-14 to operate a nightclub at 295 E. Caroline Street, San Bernardino. City Attorney Penman provided background information on the case. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted with funding to come from the City's legal budget. (No vote was taken.) 4 03/07/2011 City Attorney Pemnan advised that the City's legal budget does not have the money to pay this. The only way they could do that would be to layoff an attorney, and if they laid off an attorney then a minimum of five to ten other cases would be farmed out, which would triple the cost. He stated that what was being suggested is an impossibility-the money is simply not there. Mr. Pemnan stated that he had asked this year for an allocation of $670,800 for outside attorneys. He stated that in each of the last five years they have spent over $700,000 on outside attorneys and they have no choice in this matter-they do not control the number of lawsuits that their office does not generate. He suggested they get the money from the Liability Reserve, although that would reduce the money available to pay lawsuits that the City may lose. He also pointed out that case law is clear that mandated items must be paid for first, prior to discretionary items. This matter was discussed at length. City Manager McNeely reminded everyone that this whole discussion, per Council direction, was supposed to have taken place at the Ways and Means Committee meeting. This would allow the attorney and budget staff, in concert with committee members, to go through the appropriate data and evaluate and decide on a plan for funding. He noted that the meeting was still scheduled for Wednesday; however, to the extent that the Council did something to approve this today, that would take this portion of the discussion off the table. It was noted that Agenda Item Nos. 8 and 11 would come from the funding to be discussed under Agenda Item No. 34, that funding had been identified for Agenda Item No.9 in the Economic Development Agency (EDA) budget, and Agenda Item No. 10 would be funded by Human Resources. Mr. Pemnan again suggested using the Liability Reserve for Agenda Item Nos. 8 and 11, with the funding to be discussed further at the Ways and Means Committee meeting. Council Member/Commissioner Shorett noted that the City Attorney had budgeted $3.7 million for his budget this year, and knew from past years that he would need at least $700,000 for outside legal counsel. This would leave approximately $3 million for meeting the remaining budget demands of the City Attorney's office. Council Member/Commissioner Kelley reminded his colleagues that the Council was told that the City Attorney needed this dollar amount and they said "no." The City Attorney then said he would just come back and ask for more money. He noted that everybody voted to hire these outside counsel, so now they need to cover the expense. 5 03/07/2011 Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner McCammack, that the Council go ahead on these particular items of concern and use the Liability Reserve for funding, and then at the Ways and Means Committee meeting address other funding for these items. City Manager McNeely stated that the Liability Reserve is budgeted for cases that staff believes the City may have to pay, and anytime you take money from these funds you run the risk of having no money when it is needed and you have to find the money elsewhere. City Attorney Penman advised that the City Attorney investigators have raised $352,911 in Administrative Civil Penalties, so in essence there are two funding sources available. The substitute motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner McCammack, that the Council go ahead on these particular items of concern and use the Liability Reserve for funding, and then at the Ways and Means Committee meeting address other funding for these items failed with Marquez, Brinker, Shorett, and Johnson voting "no." The original motion made by Council Member/Commissioner Shorett, seconded by Council Member/Commissioner Johnson, that said resolution be adopted, with funding to come from the City's legal budget carried and Resolution No. 2011-58 was adopted with Kelley and McCammack abstaining. 9. Approval of Professional Services Agreement with Lewis, Brisbois, Bisgaard & Smith for representation in the case of Placo San Bernardino LLC v. City of San Bernardino, et al., and authorization for the cost of the City's defense to be borne by the Economic Development Agency RES. 2011-59 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Timothy Sabo, of Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for representation in the case of Placo San Bernardino, LLC, v. City of San Bernardino, et al., United States District Court No. CVll-01l87GW (FMOx). (9A) RES. CDC/2011-12 - Resolution of the Community Development Commission of the City of San Bernardino directing the Economic Development Agency to pay the City's attorneys' fees and costs of Lewis, Brisbois, Bisgaard & Smith for representation in the case of Placo San Bernardino, LLC, v. City of San Bernardino, et al., United States District Court No. CVll-01l87GW (FMOx). (9B) 6 03/07/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2011-59 and Community Development Commission Resolution No. CDC/2011-12 were adopted with Kelley and McCammack abstaining. 10. RES. 2011-60 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Atkinson, Andelson, Loya, Ruud & Romo and the City of San Bernardino in the case of San Bernardino City Professional Firefighters, Local 891; Richard "Scott" Moss v. City of San Bernardino; San Bernardino City Council; Does 1-10, inclusive. City Attorney Penman stated that in this particular case the City Attorney's office may be witnesses so his office had declared a conflict. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-60 was adopted with Kelley voting "no" and McCammack abstaining. 11. RES. 2011-61 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Elvia Aguilar v. City of San Bernardino, et al., United States District Court, Case No. CV10-03659 SJO (PLAx). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted with funding to come from the City's legal budget. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that the Council fund all of the outside legal defenses that are being asked for on this agenda and use the Administrative Civil Penalties money to pay for them. The motion failed with Marquez, Brinker, Shorett, and Johnson voting "no." The motion made by Council Member/Commissioner Shorett, seconded by Council Member/Commissioner Johnson, that said resolution be adopted with funding to come from the City's legal budget carried and Resolution No. 2011- 61 was adopted with Kelley and McCammack abstaining. 7 03/07/2011 Later in the meeting, City Attorney Penman asked the Council to reconsider Agenda Item No. 11. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Council reconsider Agenda Item No. 11. The motion carried unanimously. Council Member/Commissioner McCammack noted that the amount needed was $25,000 (for the attorney) plus $62,230 (for the two experts' testimony) for a total of $87,230-which she rounded to $90,000. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Council approve $90,000 to fund this case and refer it to Ways and Means Committee to determine a funding source. Discussion ensued. Both Council Members/Commissioners Marquez and McCammack stated that they would each be willing to give up $10,000 from their training/travel budgets to help with the funding of this case. Council Member/Commissioner McCammack amended her motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted, with approved funding up to $90,000 from the following sources: $10,000 from Council Member Marquez' training/travel budget, $10,000 from Council Member McCammack's training/travel budget, and the balance from the Administrative Civil Penalties (ACP) reserve fund. The motion carried and Resolution No. 2011-61 was adopted with Shorett abstaining. 12. RES. 2011-62 - Resolution of the Mayor and Common Council of the City of San Bernardino accepting the resignation of Second Ward Council Member Jason Desjardins; calling a special election in the Second Ward of the City for July 12, 2011, to fill the vacant Council seat in said ward, calling the special election to be conducted wholly by mail ballots; and other related matters. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-62 was adopted with McCammack abstaining. 13. RES. 2011-48 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an on-line grant application for the 2010 Assistance to Firefighters Grant Program: Fire Prevention and Safety Grant to the Department of Homeland Security in the amount of $96,463. 8 03/07/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-48 was adopted unanimously. 14. Item deleted 15. RES. 2011-49 - Resolution of the Mayor and Common Council of the City of San Bernardino canceling the annual Services Agreement approved November 1, 2010 and authorizing the City Manager to approve an annual Services Agreement between the City of San Bernardino and the Boys and Girls Club of San Bernardino, Inc. to provide community services at the Delmann Heights Community Center. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Sltorett, that said resolution be adopted. Resolution No. 2011-49 was adopted unanimously. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to approve a Facility Lease Agreement between the City of San Bernardino and Project Fighting Chance to provide community and youth services at Perris Hill Community Center (previously a Special Place Children's Museum). Note: No resolution was distributed with the backup materials. Staff requested a continuance of this matter. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of March 21, 2011. The motion carried unanimously. 17. RES. 2011-50 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the re-issuance of the Fourth Amendment to the Waste Delivery Agreement between the County of San Bernardino and the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-50 was adopted unanimously. 18. Authorize the Director of Public Works to execute Contract Change Order No. One with All American Asphalt for Street Improvements on Cajon Boulevard related to Federal EDA Award No. 07-01-06147, per Project Plan No. 12155. 9 03/07/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the Director of Public Works be authorized to execute Contract Change Order No. One with All American Asphalt for Street Improvements on Cajon Boulevard related to EDA Award No. 07-01- 06147, per Project Plan No. 12155 The motion carried unanimously. 19. Authorize the Director of Public Works to execute Contract Change Order No. Three with Weka, Inc. for the Sanitary Sewer Relocation Improvements for State Route 215 Freeway Widening, Segments 1, 2 and 5 (SW09-03), per Project Plan No. 12574 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the Director of Public Works be authorized to execute Contract Change Order No. Three with Weka, Inc. for the Sanitary Sewer Relocation Improvements for State Route 215 Freeway Widening, Segments 1, 2 and 5 (SW09-03), per Project Plan No. 12574. The motion carried unanimously. 20. RES. 2011-51 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and issuance of a purchase order in the amount of $35,124.12 to Alden Fleet Solutions, Inc. for GPS Tracking System Services to be utilized by the Public Works Department, Integrated Waste Management Division. Public Comments Charles Greenwood, San Bernardino, CA. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-51 was adopted with Kelley voting "no" and McCammack abstaining. 21. RES. 2011-52 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution... designating certain streets, or portions thereof as through highways..." and establishing a four- way stop at the intersection of Twenty-Seventh Street and Davidson Avenue. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-52 was adopted unanimously. 10 03/07/2011 22. RES. 2011-53 - Resolution of the City of San Bernardino approving Amendment No. 2 to Agreement for Professional Architectural and Engineering Services at the Metrolink Parking Structure at Santa Fe Depot with Owen Design Group, Inc. for design and construction of the Santa Fe Depot Parking Structure Project (GB04-19). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-53 was adopted unanimously. 23. RES. 2011-63 - Resolution of the City of San Bernardino authorizing execution of a Public Highway Crossing Agreement with San Bernardino Associated Governments (SANBAG), the City of Colton and the Union Pacific Railroad Company (UPRR) for the design, construction and maintenance of a grade separation on Hunts Lane at the UPRR South of Redlands Boulevard (SS04-51). Mayor Pro Tern Brinker stated that he would abstain on this matter because he lives within 500 feet of the project site. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. The motion FAILED with Marquez, Shorett, and Johnson voting "yes" and Brinker, Kelley, and McCammack abstaining. Later in the meeting Council Member/Commissioner Kelley changed his vote from an abstention to a "yes." Resolution No. 2011-63 was adopted with Brinker and McCammack abstaining. 24. RES. 2011-54 - A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Bernardino pursuant to Section 3.04.010B-3 of the Municipal Code for the purchase of twelve (12) 2011 Ford Crown Victoria Police Interceptors utilized by the Police Department. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-54 was adopted unanimously. 11 03/07/2011 25. RES. 2011-55 - Resolution authorizing the execution of an Agreement and issuance of a purchase order to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code, for one (I) 2010 Schwarze M6000 Broom Sweeper powered by compressed natural gas to be utilized by the Public Services Department Street Division; and award a lease-purchase agreement to Pinnacle Public Finance. (25A) RES. 2011-56 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Bernardino, pursuant to Section 3.04.010-B3 of the City of San Bernardino Municipal Code for the purchase of five refuse trucks, two flatbed trucks, one bin carrier truck and award a lease-purchase agreement to Pinnacle Public Finance. (25B) City Clerk Clark advised that although the agenda showed only one resolution for Agenda Item No. 25, in fact, the staff report had included two resolutions. She read the title of Resolution 25B into the record prior to a vote being taken. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolutions be adopted. Resolution Nos. 2011-55 and 2011-56 were adopted unanimously. 26. RES. 2011-57 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application for Waste Tire Cleanup and Amnesty Grant Program from the California Department of Resources Recycling and Recovery (CaIRecycle). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-57 was adopted unanimously. 27. An ordinance of the City of San Bernardino amending Section 8.24.285 of Chapter 8.24 of the San Bernardino Municipal Code concerning Self-Haul. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be laid over for final adoption. The motion carried unanimously. 28. Discussion and possible action concerning agenda briefing meetings (Continued from February 22, 2011) 12 03/07/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley that regular agenda briefing meetings be open to the public and that notices of said meetings be posted in accordance with the Brown Act. (No vote was taken.) Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that agenda briefmgs be abolished entirely. (No vote was taken.) Discussion ensued regarding the policy for Council members attendance at the agenda briefing meetings, whether the public could attend the briefings, the possibility of changing them to electronic meetings, and transparency and cost issues. Council Member/Commissioner Johnson made a second substitute motion, seconded by Council Member/Commissioner Marquez, that the matter be tabled. The motion carried with Kelley and McCammack voting "no." 29. RES. 2011-64 - Resolution of the City of San Bernardino authorizing the City Manager to execute an agreement with IQM2, Inc. for an Agenda Management System. Council Member/Commissioner McCammack made a motion that the matter be tabled. The motion failed for lack of a second. A PowerPoint presentation was made by Assistant City Manager Kurita and City Clerk Clark titled, City of San Bernardino, California Agenda Management System. City Attorney Penman advised that his office will still need hard copies of backup materials along the way in order to make their corrections/modifications, and there will have to be hard copies of all resolutions, ordinances and agreements. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-64 was adopted with McCammack voting "no." 30. Approval and implementation of public counter improvements for the Community Development Department Margo Wheeler, Director of Community Development, provided a PowerPoint presentation titled, Community Development Public Counter Services. 13 03/07/2011 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the Community Development Department Public Counter improvement program be approved and that the City Manager be directed to implement the program; and That the following actions be referred to the Personnel Committee for review: a) delete one Senior Administrative Assistant position; b) reclassify two Customer Service Representative positions to Development Services Technicians; and c) transfer funding and positions from the Fire Department to Community Development for two Code Enforcement Officer II positions and authorize two part-time positions; and That the Finance Director be authorized to amend the FY 2010/11 budget to reflect current year changes beginning April 1, 2011 and incorporate the changes into the FY 2011/12 budget proposal as listed in the staff report from the Director of Community Development dated March 1, 2011. The motion carried unanimously. 31. Red Light Camera Program options and resolution RES. 2011-65 - Resolution of the City of San Bernardino authorizing the Director of Finance to issue a purchase order to American Traffic Systems (ATS) of Phoenix, Arizona, for services rendered beginning FY 2010/11. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Marquez, to approve Option A: Terminate the Red Light Camera Program effective June 1, 2011, and pay any costs associated with early termination; and that said resolution be adopted. The motion carried and Resolution No. 2011-65 was adopted with McCammack abstaining. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor Pro Tern Brinker; Council Members/Commissioners Marquez, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Vacant: Second Ward. 14 03/07/2011 R32. Single-Family Residence Revitalization Program Second Quarter Report (October 1, 2010 through December 31, 2010) Council Member/Commissioner McCammack declared a conflict, stating that Neighborhood Housing Services of the Inland Empire is a business client. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the Community Development Commission of the City of San Bernardino receive and file the Quarterly Report of the Single-Family Residence Revitalization Program activities (October 1, 2010 through December 31,2010) for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack abstaining. R33. RES. CDC/2011-13 - 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 Stechmann Geoscience, Inc., A California Corporation, concerning environmental investigations on Agency owned property located at the Southeast corner of 5th and "H" Streets (Central City North Redevelopment Project Area). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-13 was adopted unanimously. 34. Request for increase in City Attorney's Office budget for outside counsel and litigation expenses Public Comments Brian Pellis, San Bernardino police officer Rich Lawhead, San Bernardino police officer Steve Turner, San Bernardino Police Officer's Association The speakers stated that when officers are involved in any litigation where outside counsel is needed, the Council needs to put politics aside and provide these officers with the protection they need and deserve. Council Member/Commissioner Kelley urged his colleagues to support this budget increase for the City Attorney's office. 15 03/07/2011 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the City Attorney's budget be increased by $300,000 for outside counsel and $150,000 for litigation expenses and referred to the Ways and Means Committee to find a funding source. City Manager McNeely stated that finding $450,000 was not going to be easy. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner Marquez, that the matter be referred to the Ways and Means Committee. The motion carried unanimously. 35. Public Comments Shirley Harlan, San Bernardino, CA expressed concern regarding the increased number of litigations and the conduct of the Council meetings. Lansing White, San Bernardino, CA spoke regarding a parking ticket he had received and asked for help in resolving the matter. David McCammack, San Bernardino, CA commented on the conduct of the Council meeting. Amelia Lopez, San Bernardino, CA spoke regarding transparency and accountability, especially when there is a difference of opinion on the Council. She stated that the public also desires accessibility. Carla Velarde, San Bernardino, CA spoke regarding Dan Thomas, a previous City employee, who recently passed away. Mayor Pro Tern Brinker stated that he would adjourn the meeting in Mr. Thomas' memory. Carla Gamboa, Deserae, Seidy, Sandra, and Esperanza, a group of students from Cal State San Bernardino, stated that they were present to advocate for and empower a community in the Second Ward, whose main concern is safety. They submitted a Petition for Turning on Street Lights and Implementing Speed Bumps for Community in Ward II. Rose Loya, San Bernardino, CA spoke regarding the murder of her brother, John, several years ago and submitted documents regarding the case, stating that she wants the case reopened and wants to clear her brother's name. Jim Smith, San Bernardino, CA, spoke regarding the conduct exhibited at the Council meetings, commended the City Manager on his development of new programs and hiring of new personnel, and commended the good job being done by Police Chief Kilmer. 16 03/07/2011 Charles Greenwood, San Bernardino, CA commended the young ladies from Cal State on their presentation. S 1. Discuss and take action to appoint Commission members to the Board of Directors of the San Bernardino Economic Development Corporation, Inc.; and to approve the Hunts Lane grade separation crossing in an estimated amount equal to $4,500,000 as a Third Ward project to be included in Exhibit "A" to the Project Funding Agreement approved on March 4,2011. Council Member/Commissioner Brinker stated that he would vote on Motion A (appointment of Commission members to Board), but would abstain on Motion B (Hunts Lane grade separation), as he lives within 500 feet of the project site. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that Mayor Morris, Commissioner Brinker, and Commissioner Johnson be appointed to the Board of Directors of the San Bernardino Economic Development Corporation, Inc., and that the names of said Commission members be inserted into Resolution No. CDC/20ll-8 as approved on March 4, 2011. City Attorney Penman advised that pursuant to the Charter, it was the authority and responsibility of the Mayor to make these appointments-not the authority of the Common Council. He stated that the Mayor needs to make the appointments and the Council would then ratify them. Council Member/Commissioner Shorett withdrew his motion. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. The motion carried with Kelley abstaining. Prior to discussion of Motion B (Hunts Lane grade separation), Council Member/Commissioner Brinker left the Council Chambers and returned following the discussion. Council Member/Commissioner McCammack also declared a conflict and left the Council Chambers because the discussion had to do with re-inserting the Hunts Lane project to Exhibit "A" that had been approved by the Commission on March 4, 2011, which also included projects in the Uptown Redevelopment Project Area where Ms. McCammack owns property. She returned following the discussion. 17 03/07/2011 City Attorney Penman stated that the second action regarding this item, Motion B, regarding the Hunts Lane grade separation, should have been removed from the agenda-that Deputy City Attorney Empeiio had been informed that Public Works had included the CIP project as one of their items. Economic Development Agency Interim Executive Director Marzullo advised that on Thursday night the Commission had approved a non-profit structure with a series of projects. This project was added because it was in the City's elP, but they didn't know at the time that they had funding allocated for this particular project from federal funds. At that time, Council Member/ Commissioner Brinker had asked that this item be separated out due to his conflict. He noted that earlier tonight the Council took action on Agenda Item No. 23, which essentially killed the funding when the motion failed. He questioned whether the Council/Commission wanted to keep the project in as an RDA funded project (which was just partial funding), or they could go back and redo the project with the federal funding. Director of Public Works Nadeem Majaj advised that this is a $26 million project that is fully funded through SAN BAG , so there is no cost to the City. He stated that he thought construction was scheduled to begin in the next fiscal year. Council Member/Commissioner Kelley stated that he would like someone on staff to make a commitment to advocate with SANBAG for the residents and students who have to use University Parkway for either a loop ramp, flyover, or even a grade separation on University Parkway. He requested that if there is a cost savings on the Hunts Lane project that the money be used for University Parkway. Mr. Kelley also stated that he wanted to change his vote on Agenda Item No. 23 from an abstention to a "yes" vote. (See Agenda Item No. 23.) No action was taken on Agenda Item No. Sl, Motion B. 18 03/07/2011 36. Adjournment At 10: 17 p.m. Mayor Pro Tern Brinker adjourned the meeting with a moment of silence in honor of Dan Thomas. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1 :30 p.m., Monday, March 21, 2011. RACHEL G. CLARK City Clerk By ~~~ Linda E. Hartzel Deputy City Clerk 19 03/07/2011 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Vacant Tobin Brinker Fred Shorett Chas Kelley Rilcke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 21,2011 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:46 p.m., Monday, March 21, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: None. Vacant: Second Ward. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Elvia Af(uilar v. City of San Bernardino - United States District Court, Case No. CIVDS 912104; 1 03/21/2011 J. A. Allen, et al. v. City of San Bernardino, et al. - United States District Coun, Case No. CV09-1388 DDD(JCx); Monica Ballard v. City of San Bernardino, et al. - United States District Coun, Case No. CV10-02769DMG(AJWx); Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. _ San Bernardino County Superior Coun, Case No. CIVSS 70836; Edward KinR, et al. v. City of San Bernardino, et al. - United States District Coun, Case No. CV-09-0l339-SJO(PJWx); Judith Little, et al. v. City of San Bernardino, et al. - United States District Coun, Case No. CV09-06068 SVW(CWx); Terrell Markham, et al. v. City of San Bernardino, et al. - United States District Coun, Case No. CV09-08455 ODW (DTBx); Willie Mason Sr., individually and as successor-in-interest v. City of San Bernardino; Officer Roy Diaz, an individual; Officer Serbando Saenz, an individual; and DOS 1-10, inclusive - United States District Coun, Case No. ED CV 10-00504 YAP (OPx); Cedric May, et at. v. City of San Bernardino, et al. - United States District Coun, Case No. CV10-00978 VAP(DTBx); Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District Coun, Case No. EDCV 07-01027 SGL (Opx); Estate of Terry Nash v. City of San Bernardino, et al. - United States District Coun, Case No. CV09-08671RGK (FFMx); San Bernardino City Professional FirefiRhters v. City, et al. - San Bernardino Superior Court, Case No. CIVSS 1102415; San Bernardino City Professional FirefiRhters, Local 891, Nathan Lopez v. City of San Bernardino, et al. - United States District Coun, Case No. CV10-01773 PSG (DTBx); Demariae Vinson v. City of San Bernardino, et al. - San Bernardino County Superior Coun, Case No. CIVSS 818649; Zimmon, Garrett v. City of San Bernardino, et al. - San Bernardino County Superior Coun, Case No. CIVDS 906555. 2 03/21/2011 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: Jaime Alvarez, et al. v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Claim of E. Williams, a minor, et al. 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. City Attorney Penman announced that the following case would be discussed in closed session: People of the State of California v. Margaret Sherman, et al. - San Bernardino Superior Court, Case No. CIVDS 917881 (Hudson Theater case). Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. 3 03/21/2011 Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Patricia Hackleman, Arianthi Coussoulis, Roger Kehew, JI., Penny Holcomb and Consuelo Lopez. Invocation/Pledge of Allegiance The invocation was given by Reverend Milton Blackburn of Life Changing Ministries. The pledge of allegiance was led by Madison Rethaford, a second grade student at Kimbark Elementary School. 2. Appointments There were no commission appointments. 3. Presentations and Proclamations Council Member/Commissioner Kelley presented a proclamation to Chaplain Tim Evans, founder of "The Unforgettables Foundation," a non-profit organization that assists low-income families in providing dignified burials for their children, in appreciation of his leadership, dedication and contribution to the citizens of San Bernardino. Council Member/Commissioner Marquez presented Certificates of Recognition to 19 volunteers from the Center for Community Action and Environmental Justice who have been awarded Presidential Volunteer Service A wards for donating over 4,000 hours of volunteer service to the community. Chief Kilmer joined Mayor Morris in recognizing two police reserve officers, Reserve Officer Ricardo Bustamante and Reserve Officer Richard Dewberry, who together have given 81 years of dedicated volunteer service to the Police Department of the City of San Bernardino. Mayor Morris presented a service pin award to Officer Bustamante recognizing his 45 years of continuous volunteer service to the City. Mayor/Chairman Morris presented a resolution of commendation to Assistant to the Mayor Peggi Hazlett in appreciation of her 13 years of dedicated service to the City of San Bernardino, and congratulated her on her new position with PG&E. 4 03/21/2011 The following individuals were presented a service pin award by Mayor/ Chairman Morris in recognition of their many years of dedicated service to the City: Name Rebecca Daugherty Fulton Lee Danny Mishodek Michael Fowler Barbara Fox Loretta Harris-Sherrill Julie Jensen Joshua Lucas Sochilt Martinez Brian Tully Richard Rodriguez (Accepted by Nadeem Majaj) 4. Announcements Department Community Development Parks, Recreation & Community Services Parks, Recreation & Community Services Police Police Police Police Police Police Police Public Works Years of Service 5 5 10 20 25 15 15 5 5 15 30 Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated March 21, 2011, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: January 10, 2011; January 20 & 21-23, 2011; January 24, 2011 (Joint Regular); and January 24, 2011 (Joint Adjourned Special). The motion carried unanimously. 5 03/21/2011 7. Claims and Payroll Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated March 16, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the personnel actions, as submitted by the Chief Examiner, dated March 17, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 9 A. Approval of Professional Services Agreement with Arias & Lockwood for representation in the case of Jaime Alvarez, et al., v. City of San Bernardino, et al., and authorization for the cost of the City's defense to be borne by the Economic Development Agency RES. 2011-70 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Jaime Alvarez, et aI., v. City of San Bernardino, et al., to be filed in the San Bernardino Superior Court. (9A-A) RES. CDC/2011-14 - Resolution of the Community Development Commission of the City of San Bernardino directing the Economic Development Agency to pay the attorneys' fees and litigation costs in the defense of the City of San Bernardino and its current and past employees in the case of Jaime Alvarez, et aI. v. City of San Bernardino, et al., to be filed in the San Bernardino Superior Court. (9A-B) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2011-70 and Community Development Commission Resolution No. CDC/2011-14 were adopted with McCammack voting "no." 6 03/21/2011 9B. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Monica Ballard v. City of San Bernardino, et aI., United States District Court, Case No. CV10-02769DMG(AJWx). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/ Commission meeting of April 4, 2011. The motion carried with McCammack voting "no." 9C. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Willie Mason, Sr., v. City of San Bernardino, United States District Court, Case No. EDCV 10-00504 V AP(OPx). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission meeting of April 4, 2011. The motion carried with McCammack voting "no." 10. RES. 2011-66 - Resolution of the Mayor and Common Council of the City of San Bernardino amending the annual Statement of Investment Policy for Fiscal Year 2010/2011 to add Section 8.10 thereto to permit investment in State of California and municipal bonds, notes or registered warrants. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-66 was adopted unanimously. 11. RES. 2011-67 - Resolution of the City of San Bernardino authorizing the purchase of a Dell Virtual Server Array for the new public safety Computer Aided Dispatch/Records Management System (CAD/RMS) from Dell Computers Inc. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-67 was adopted unanimously. 12. Item deleted. 7 03/21/2011 13. RES. 2011-71 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Transitional Services Agreement between the City of San Bernardino and Keith L. Kilmer. Public Comments: Joe Ortiz, San Bernardino, CA; Rich Lawhead, San Bernardino, CA; Cheryl Brown, San Bernardino, CA; Jim Smith, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-71 was adopted with McCammack voting "no." 14. Request to approve Agreements with Evans Construction Management Services for project management of park-related capital improvement projects Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Vendor Services Agreement with Evans Construction Management Services for project management at Speicher Park, Soccer Complex, Little Mountain Trail, Perris Hill Senior Center and Blair Park. (14A) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Vendor Services Agreement with Evans Construction Management Services for project management at the Verdemont Community Center. (14B) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Vendor Services Agreement with Evans Construction Management Services for Capital Improvement Projects Nos. 04-14, 09-02, 09-06, 04-31, 07-10, 04-38, 04-34, 04-33, 08-12, 08-01 and 07-04. (14C) Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the matter be tabled. The motion carried with Kelley and McCammack abstaining. 15. RES. 2011-72 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to issue a purchase order to Phoenix Group Information Services for an amount not to exceed $60,000.00 for processing parking citations. 8 03/21/2011 Council Member/Commissioner Kelley asked if staff could look at the program currently being used at Cal State San Bernardino as a possible partnership opportunity or joint venture as a cost savings measure. Lt. King stated that this item is an extension through the end of the fiscal year for services rendered and then they plan on going to a request for bid and would look at Cal State's program as well as surrounding city agencies. Council Member/Commissioner Johnson asked if staff could also look at a possible partnership with the City of Riverside and/or the County of San Bernardino. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-72 was adopted with McCammack voting "no." 16. RES. 2011-68 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding regarding security at Patton State Hospital between the City of San Bernardino and its Police Department, Department of Mental Health at Patton State Hospital, Hospital Police Department (HPD), Department of Corrections and Rehabilitation (CDCR). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-68 was adopted unanimously. 17. ORD. MC-1346 - An ordinance of the City of San Bernardino amending Section 8.24.285 of Chapter 8.24 of the San Bernardin~ Municipal Code concerning Self-Haul. FINAL READING (Continued from March 7, 2011) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be adopted. Ordinance No. MC-1346 was adopted unanimously. 18. RES. 2011-73 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase Purchase Order Number 303742 by $75,100 to Consolidated Electrical Distributors, Inc. for the purchase of additional streetlight electrical wire and supplies. Public Comments: Joe Ortiz, San Bernardino, CA. 9 03/21/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-73 was adopted unanimously. 19. RES. 2011-69 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $61,000 with four one-year extensions at the City's option to C & W Construction Specialties, Inc. for guardrail replacement services. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-69 was adopted unanimously. 20. RES. 2011-74 - Resolution of the City of San Bernardino approving Amendment No. 5 to Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Parking Structure (GB04-19). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-74 was adopted unanimously. 21. Item deleted. 22. Request for increase in City Attorney's Office Budget for outside counsel and litigation expenses Note: This item was included in the discussion of Agenda Item No. 28. No action was taken. 23. Approval of the Community Development Department public counter improvements Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the following actions be taken: a) Delete one Senior Administrative Assistant position, Range 1400, $3,264- $3,967/month; b) Reclassify two Customer Service Representative positions, Range 1350, $2,543-$3,092/month to two Development Services Technicians, Range 1410, $3,431-$4,170/month; c) Authorize two part-time Office Assistant positions, Range 1330, $2,302-$2,798/month; and d) Transfer funding and 10 03/21/2011 positions from the Fire Department to Community Development for two Code Enforcement Officer II positions. The motion carried unanimously. 24. RES. 2011-75 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the amount of $307,585 and authorizing the Police Department to accept and administer the grant. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-75 was adopted unanimously. 25. Rejection of all proposals related to RFP FM 11-01 pursuant to Section 3.04.070(E) of the Municipal Code for a full service parking meter solution in the Courthouse District of the City of San Bernardino Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that all proposals related to RFP FM 11-1 be rejected. The motion carried unanimously. 26. Public Hearing - An ordinance to amend Chapter 19.22 of the Development Code to provide for electronic message center signage for the Uptown Redevelopment Project Area and a request for a conditional use permit to construct a 1,078 sq. ft. freeway-oriented electronic message center sign, 75 ft. in height, at the southeast corner of 3rd and "I" Streets. (DCA 10-02; CUP 10-09) (Continued from January 24, 2011) An ordinance of the City of San Bernardino amending Chapter 19.22, Sign Regulations, Section 19.22.080(7)(A) of the San Bernardino Municipal Code (Development Code) to provide for approval of an electronic message center sign for the Uptown Redevelopment Project Area. FIRST READING Submitted into the record was an Interoffice Memorandum addressed to the Mayor and Common Council from Terri Rahhal, City Planner, dated March 21, 2011, entitled "Findings for Agenda Item 26. " Council Member/Commissioner McCammack stated that she would be abstaining on this item because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. Mayor/Chairman Morris opened the hearing. Margo Wheeler, Director of Community Development, stated that the motion on the agenda was incorrect and that the recommended motion and an alternative 11 03/21/2011 motion were listed on page 3 of the staff report. Ms. Wheeler stated that additional findings of fact for denial had been delivered to the Council if their intent was to deny the project, and if it was their intent to approve the project, the findings were included in the Planning Commission staff report. Ms. Wheeler provided highlights of the staff report. She stated that staff's recommendation was for approval, but the Planning Commission had recommended denial. 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 Conditional Use Permit No. 10-09 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 vote was taken following further discussion. Council Member/Commissioner Brinker stated that he was supportive of these types of signs, but at a certain point they would need to start limiting them. Council Member/Commissioner Marquez asked who would be responsible for monitoring the content on the sign. Margo Wheeler stated that the content of any signage is not monitored by the City; however, in this case there was a private licensing agreement that may address message content, times for public service announcements, and potential revenue sharing. Council Member/Commissioner Shorett stated that he had a concern with a similar type of sign that was approved through the Planning Department that was being erected on the 1-10 Freeway near the Hilton. He stated that this sign was going to be very visible and he wanted to make sure that the landscaping and any fencing would be done in an appropriate and attractive manner. Council Member/Commissioner Johnson stated that he would like to see a color rendering of the sign and he would also like to see a map showing the location of all the signs. Margo Wheeler stated that staff was working with GIS to ensure that they have the mapping that would show where other similar signs are located. Council Member/Commissioner Johnson asked if the signs had to be a certain distance from each other. 12 03/21/2011 Terri Rahhal, City Planner, stated that the minimum spacing distance required by Code is 1,000 feet. She stated that the Arrowhead Credit Union sign is about one-half mile away. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Larry Quiel, Quiel Bros. Sign Company, San Bernardino, CA, submitted a document into the record entitled "Redevelopment Committee Agenda Item, Policy Pertaining to Freeway Visible Electronic Message Signs that Require the Consent of the Redevelopment Agency. " Mr. Quiel noted that page 4 contained a list of all the signs the Redevelopment Agency was evaluating and he pointed out that three of the signs were allowed to advertise Redevelopment area projects, which means they can advertise businesses other than their own in the particular Redevelopment area in which they are located. He stated that the Arrowhead Credit Union sign is unique because not only can it advertise businesses within the Redevelopment area, it can also advertise businesses within the stadium. Mr. Quiel stated that the locations of the proposed signs were shown on the map on page 5 and the sign being discussed was No.6 on the map. He pointed out that it is the only sign being proposed to be located on the west side of the freeway, which would allow that sign to advertise businesses on the west side of the freeway. The Arrowhead Credit Union sign is on the east side of the freeway so it cannot advertise businesses on the west side. The signs on Hospitality Lane, on the north side of the 1-10 Freeway, can advertise businesses on the south side of the 1-10 Freeway. However, on page 6, the Lorna Linda University sign was approved by the Planning Commission in February and this particular sign does not say anything about San Bernardino, but it can advertise businesses in San Bernardino and it is located on the 1-10 Freeway near Hunts Lane. He stated that he is puzzled as to why this sign was approved and questioned why the proposed project on the west side has not been given the opportunity to do a similar type business. Mr. Quiel stated that this is a great opportunity for this community because the owner is providing his own funds for this project and they should not have any problems taking care of the property. In response to Mr. Shorett's question, he stated that the Arrowhead Credit Union sign is scheduled for landscaping; however, they have requested that they be allowed to wait until after all the freeway improvements have been completed. 13 03/21/2011 In closing, Mr. Quiel stated that these signs also offer an opportunity to advertise activities in the community, which is part of the license agreement. The City will get a share of the revenue off the sign, it will bring tax dollars into the community, and there's a development on the property that brings tax dollars into the community, so it's a win-win situation for everyone. Cheryl Brown, San Bernardino, CA, stated that when she went to Detroit she noticed that they have a McDonald's sign, which is the first McDonald's sign. She stated that it should have said San Bernardino on it because the only thing that connects it back to San Bernardino is that it says it's a Quiel Bros. sign. The motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that said ordinance be laid over for final adoption; and that Conditional Use Permit No. 10-09 be approved based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements in the Planning Commission staff report carried with McCammack abstaining. 27. RES. 2011-76 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to approve a Facility Lease Agreement between the City of San Bernardino and Project Fighting Chance to provide community and youth services at Perris Hill Community Center (previously a Special Place Children 's Museum). (Continued from March 7, 2011 ) Council Member/Commissioner Johnson stated that in order to avoid the appearance of a conflict he would be abstaining on this item because the organization that applied for this, Faith In God Heals Troubled Souls (FIGHTS), operates out of ECclesia Christian Fellowship. He 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 said resolution be adopted. Resolution No. 2011-76 was adopted with Johnson abstaining. 28. Request for increase in City Attorney's Office (CAO) budget for outside counsel and litigation expenses (Note: Includes discussion regarding Agenda Item No. 22.) City Attorney Penman provided background information relative to this item. Barbara Pachon, Director of Finance, discussed and submitted into the record a PowerPoint presentation entitled, "Analysis of City Attorney Budget, City of San 14 03/21/2011 Bernardino, Fiscal Year 2010-11," by Charles E. McNeely, City Manager, dated March 21,2011. A lengthy discussion ensued. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the City Manager's recommendations be approved as follows: 1) Authorize the Director of Finance to make all payments submitted from the City Attorney's Office for FY 2010/11; 2) After the City Attorney Office's current budget appropriation is expended, the General Fund, on behalf of the City Attorney's Office, will take out a loan up to $410,000; and 3) A budget reduction will come from the City Attorney Office's FY 2011/12 budget to repay the loan. The vote was taken following further discussion. Public Comments: Joe Ortiz, San Bernardino, CA (spoke regarding Agenda Item Nos. 22 and 28); Paul Sanborn, San Bernardino, CA; Cheryl Brown, San Bernardino, CA, read and submitted into the record a letter she had written to the San Bernardino City Council dated March 15, 2011. Council Member/Commissioner McCammack made a substitute motion that the City Manager also be directed to borrow enough money for all other departments that are overspent in their FY 2010/11 budgets. The motion died due to lack of a second. The motion made by Council Member/Commissioner Shorett, seconded by Council Member / Commissioner Brinker, that the City Manager's recommendations be approved as follows: 1) Authorize the Director of Finance to make all payments submitted from the City Attorney's Office for FY 2010/11; 2) After the City Attorney Office's current budget appropriation is expended, the General Fund, on behalf of the City Attorney's Office, will take out a loan up to $410,000; and 3) A budget reduction will come from the City Attorney Office's FY 2011112 budget to repay the loan carried with Kelley and McCammack voting "no." 29. Election of Mayor Pro-Tempore Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the Common Council elect Council Member Fred Shorett to serve as Mayor Pro-Tempore until March 19, 2012. The motion carried with McCammack voting "no." 15 03/21/2011 COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo; City Clerk Clark. Absent: None. Vacant: Second Ward. R30. Discuss and take action to appoint Commission members to the Board of Directors of the San Bernardino Economic Development Corporation Mayor/Chairman Morris announced that the item had already been addressed at a special meeting held on March 17, 2011. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be tabled. The motion carried with McCammack abstaining and Marquez absent. R31. RES. CDC/20ll-IS - 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 Contract Employment Agreement by and between the Agency and Samuel K. Hughes to provide Neighborhood Stabilization Program and other affordable housing professional services to the Agency. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-IS was adopted unanimously. R32. RES. CDC/20ll-16 - Resolution of the Community Development Commission of the City of San Bernardino approving the Preliminary Plan for the Merged, Amended and Restated Redevelopment Plan for the proposed San Bernardino Merged Redevelopment Project Area B (State College, Central City West, Northwest, Uptown, Mount Vernon Corridor, 40th Street). Council Member/Commissioner McCammack stated that she would be abstaining on this item because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. 16 03/21/2011 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-16 was adopted with Kelley voting "no" and McCammack abstaining. R33. CDC/2011-17 - 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 The Fransen Company, for Commercial/Retail and Marketing/Siting Advisory Services for the Downtown Core Vision and Action Plan Area and Business Retention/Expansion/Attraction and Job Creation Program. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-17 was adopted with McCammack voting "no." R34. California Housing Foundation, Inc., a non-profit 501(c)(3) organization - Amendment No. 2 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement RES. CDC/2011-18 - 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. 2 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement by and between the Agency and California Housing Foundation, Inc. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-18 was adopted with Johnson absent. R35. Amendment No.1 to the 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement for additional off-site improvement costs 17 03/21/2011 RES. CDC/2011-19 - 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 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement by and between the Agency and TELACU Housing - San Bernardino V, Inc., ("Developer") (Central City North Redevelopment Project Area). Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-19 was adopted with McCammack absent. R36. RES. CDC/2011-20 - 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 Agreement for Professional Services by and between the Agency and Ludwig Engineering, Inc., for architectural and / engineering design services for Theater Square (Central City North Redevelopment Project Area). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-20 was adopted with McCammack absent. 37. Public Comments Carmen Dominguez Nevarez, San Bernardino, CA, submitted into the record a letter addressed to the Honorable Mayor; City Council, & attendees dated March 21, 2011, requesting that the house at 2966 Park Avenue be designated as one of the "200 Historic Sites for 200 Years" and marked with a commemorative plaque as being the home where the first initial meeting of the Community Service Organization (CSO) was held with Cesar Chavez. Al Palazzo, Rialto, CA, spoke in support of Ms. Nevarez' request. Joe Ortiz, San Bernardino, CA, spoke about Measure C and the City Attorney's budget. 18 03/21/2011 Paul Sanborn, San Bernardino, CA, announced that Community Emergency Response Team (CERT) training classes were being provided free of charge and that anyone interested in taking the 3-day class should call Manuel Sedano at 909- 384-5388 or 909-499-9664. Bob Chairez, San Bernardino, CA, announced that the Inland Empire Latino Art Association would be having an art exhibit on May 14, 2011, at the Feldheym Library at 12 p.m. He stated that they are seeking to recruit new members to their organization and interested persons could call him at 909-887-3664 or Rudy Ramirez at 909-825-7363. Jim Penman, San Bernardino, CA, explained his role as City Attorney and stated that he has not yet made a decision as to whether he is going to seek re-election. Charles Greenwood, San Bernardino, CA, spoke in response to the comments that had been made by Ms. Nevarez and Mr. Palazzo. He stated that young people need to know the history of the City of San Bernardino. Jim Smith, San Bernardino, CA, stated that as a member of the Historical Preservation Commission he would make sure that the matter brought forward by Ms. Nevarez is placed on the Commission's April agenda. He stated that he was sad to hear the news of Penny Holcomb's passing, but was thrilled to hear that the school board is going to be naming a school after former Mayor W.R. "Bob" Holcomb. 38. Adjournment At 10:03 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, April 4, 2011. RACHEL G. CLARK City Clerk BY~ xJA:!/;/>fdd ~ Linda Sutherland Deputy City Clerk 19 03/21/2011