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 McCammack
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT SPECIAL MEETING
THURSDAY, MARCH 3, 20ll
ECONOMIC DEVELOPMENT AGENCY BOARDROOM
20I NORTH "E" STREET
SAN BERNARDINO, CALIFORNIA
NOTICE IS HEREBY GIVEN that the Mayor of the City of San Bernardino has called
a joint special meeting of the Mayor and Common Council/Community Development
Commission to be held at 5:00 p.m., Thursday, March 3, 20ll, in the Economic
Development Agency Boardroom, 201 North "E" Street, San Bernardino, California.
The purpose for which this meeting was called was to consider the following:
A Joint Mayor and Common Council and Community Development Commission
Workshop on Agency Redevelopment Projects and Housing Funds.
The joint special 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 5:09 p.m. on Thursday, March 3, 20ll, in the Economic
Development Agency Boardroom, 201 North "E" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Kelley, Shorett, Johnson, McCammack; City Attorney Penman,
Assistant City Manager Debra Kurita, Economic Development Agency
Interim Executive Director Marzullo, Agency Counsel Sabo; and City
Clerk Clark.
Absent:
Vacant:
None.
Second Ward.
03/03/2011
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
The Mayor and Common Council did not recess to closed session during this
meeting.
2. Joint Mayor and Common Council and Community Development
Commission Workshop on Agency Redevelopment Projects and Housing
Funds.
Mayor/Chairman Morris convened the workshop to discuss the critical issue of
how we will protect our local tax dollars from the threat that has been issued by
the Governor to all cities in California that he is going to sweep away
redevelopment agencies across the state and take those resources and put them
elsewhere beyond our city limits. The Mayor stated that if we do not act to
protect local dollars for investment within our City and for critical projects to
rebuild our infrastructure, then we will not have done our job as elected leaders
for the local taxpayers. He called on Emil Marzullo, Interim Executive
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Director of the Economic Development Agency to explain the proposal that will
hopefully protect us from the sweeping take on economic development efforts in
this City.
Mr. Marzullo stated that he has been in local government for 3S years and he
has seen government takes, but has never seen the wholesale elimination
proposal like the one proposed by the Governor. The Governor has proposed
eliminating the redevelopment authorities throughout the state and to take the
money that we call tax increment, the money that is utilized in the
redevelopment financing and building programs, and redistribute that to taxing
entities.
Mr. Marzullo explained that since Proposition 13 came into play in 1979 the
general tax is 1 % of a property's value. So, for example, if you have a home or
a bare piece of land that is worth $100,000, the general tax for that property is
$1,000 and most people have a tax greater than that because there are add ons
such as assessment bonds, school bonds, or it could be water issues or other
things, but the 1 % ad valorem tax is based on the market value of the property.
He noted that "ad valorem" means the tax based on value. So, if you take $1 of
that ad valorem tax and split it up, it is split up to local entities, i.e., school
districts, cities, counties, park and recreation districts, lighting districts, and any
one of a number of entities. There is no exact formula of who gets what in what
area as it is all based on what taxing entities were in place at the time that
Proposition 13 was put in place.
In the case of the City of San Bernardino, we receive 17 - 18% or 17 or 18
cents of every dollar and those dollars go to the General Fund. Those are the
dollars that run municipal services; i.e., police, fire, general services of the
City. Other functions of the City such as water and sewer are generally called
enterprise functions and can charge a fee.
Mr. Marzullo explained that redevelopment was an invention of the mid to late
1940s and it came out of post WWII when we had blighted cities and older
urban areas and something was needed to bring them back to life.
Mayor Morris commented that San Bernardino is a classical older city. This is
a city with remarkably old infrastructure from sewer systems to water mains, to
streets, curbs and sidewalks and in every respect we are one of the older cities
in California, the oldest east of Los Angeles. Therefore, we have in an
immense way challenges of blight and infrastructure degradation.
Mr. Marzullo stated that the way redevelopment works is that it takes a portion
of the ad valorem tax and establishes a redevelopment area. There are 14
redevelopment zones in the City and a large portion of this city is within
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redevelopment areas. The City of San Bernardino gets in excess of $45 million
a year in redevelopment money. That amount changes with the amount of taxes
collected and the value of property within the city. Of that $45 million, about
$26 million is dedicated to debt service to pay down loans that have already
been made in past years, some of which are decades old. The balance that is
left is a discretionary amount that funds projects.
Some of the projects for which we are paying the debt include the police station,
libraries, public places, bridges, and infrastructure. Mr. Marzullo went on to
explain that one of the biggest issues that they deal with is blighted housing.
Twenty percent of redevelopment money, by statute, is required to be spent on
low and moderate income housing. The Economic Development Agency has
been very active in trying to change neighborhoods that have been problematic.
He noted that redevelopment is not a panacea for all socio-economic problems;
however, it is a tool that we have at the local level to fix what ails a City.
In addition to using tax increment funds, the Agency also uses other tools such
as the Enterprise Zone, Community Development Block Grants and the Work
Force Investment Act. Mr. Marzullo explained that the Enterprise Zone is also
proposed to be eliminated; Congress has mandated a 10% reduction in
Community Development Block Grants; and, the Work Force Investment Act is
another program proposed to be eliminated. So, the four principal tools used to
change the city's physical characteristics are all on the chopping block.
Mr. Marzullo stated that if redevelopment is eliminated the impact on the City's
general fund will be a loss of $45 million a year at today' s ad valorem tax rate
based on the value of property within the City.
Mr. Marzullo went on to explain the different options that they have considered
with regard to protecting our dollars and keeping them local. He stated that the
Agency started out in its early days as a non-profit corporation. It was a
501(c)3 corporation called the San Bernardino Economic Development
Corporation. The governing body was not the Council, but was a board
comprised of local business people appointed by the City Council. The
structure of that corporation is being utilized because a non-profit vehicle was
needed to do tax exempt financing and that corporation is called The Sustainable
Communities Reinvestment Partnership (SCRIP). The members of the SCRIP
were asked to resign subject to actions taken at this meeting and the name of the
corporation would be changed back to the San Bernardino Economic
Development Corporation.
Mr. Marzullo noted that at the last meeting of the Mayor and Council there
were some concerns expressed about a non-profit corporation being run by a
group of citizens and those concerns have been taken into consideration.
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Consequently, they have come up with an alternative solution. He noted that if
the proposed plan is approved, they will take it to court and have it tested as a
validation action to validate the contract that there is a legitimate, long-standing
contract and that the proposed structure can be used.
Mr. Marzullo read portions of the Legislative Advocate's Office and Senate
Local Government Committee's proposed language that in essence states that if
the State enacts their proposal, the Mayor and Council/Community
Development Commission will not be able to go forward with the solution being
suggested by Mr. Marzullo. The Legislative Advocate's Office and Senate
Local Government Committee's proposed language says, in part,
".. . notwithstanding this part, commencing on the effective date no agency shall
incur new or expanded existing monetary legal obligations except as provided in
this part. All provisions of this part shall take effect and be operative on the
effective date of the Act adding this part". Mr. Marzullo also read an excerpt
from section two that states: "They may also not enter into contracts with, or
incur obligations or make commitments to any entity whether governmental,
tribal, or private, or any individual or groups, or individuals, for any purposes
including, but not limited to, loan agreements, pass through agreements,
regulatory agreements, service contracts, leases, ete. ... "
Mayor Morris thanked Mr. Marzullo for the historical look at the ad valorem
tax and how it is distributed and how the economic development corporations
keep dollars local for local projects that help to rebuild cities. He asked legal
counsel Timothy Sabo for comments and a general walk-through of the
resolutions that are under consideration.
RES. CDC/2011-8 - Resolution of the Community Development Commission
of the City of San Bernardino approving the appointment of certain
members to the San Bernardino Economic Development Corporation.
(2A)
Mr. Sabo stated that the first resolution appoints three of the commiSSIOn
members to serve on the non-profit corporation. He noted that a copy of the
By-laws are included in the backup for informational purposes only. Mr. Sabo
stated that the most immediate prior Board of the non-profit met and voted to
modify the By-laws as they are provided in the backup. Council member Kelley
asked who were the members of the Board and Mr. Sabo responded that
Messrs. Emil Marzullo, Brian Turnbull, and Jim Morris served on that Board.
Mr. Sabo continued with an explanation of the remaining resolutions.
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RES. CDC/2011-9 - Resolution of the Community Development Commission
of the City of San Bernardino approving a Certain Project Funding
Agreement by and between the Redevelopment Agency of the City of San
Bernardino ("Agency") and the San Bernardino Economic Development
Corporation, Inc., relating to the $525,000,000 principal amount for the
Redevelopment Project Areas - Capital Improvement Projects. (2B)
Mr. Sabo explained that this resolution is really the agreement that is the
substance of the action proposed. He indicated that an extensive amount of
work has been put into the exhibits to identify the projects that came from both
the Redevelopment Agency's administration plan, which is done every five
years and is updated regularly, plus the City's CIP Program. He noted that staff
worked with the Public Works Director and City staff to develop a
comprehensive list that is broken out by ward. Also attached to this resolution is
an exhibit that lists ongoing contractual obligations; i.e., bonded indebtedness
where bonds are issued to public investors and private indebtedness which is in
a form of owner participation agreements, reimbursement agreements,
disposition development agreements and those are carried as debt.
RES. CDC/2011-10 Resolution of the Community Development
Commission of the City of San Bernardino authorizing (I) that Certain
Loan Agreement in connection with the issuance of the Redevelopment
Agency of the San Bernardino Promissory Note Series 2011 (City
Redevelopment Activities and Public Works Projects), and (2) that Loan
Agreement in connection with the issuance of the San Bernardino
Promissory Note Series 2011 and the forms of legal documents related
thereto. (2C)
Mr. Sabo explained that this resolution is the loan agreement that matches the
public improvement list so that we now have a document that we have
$525,000,000 of projects. He indicated that some of the projects may become
something else; they may be funded by a Federal grant, may be done by a
developer, may be done by other sources, but they have identified all of the
projects so that we have an expectation.
RES. CDC/2011-11 - Resolution of the Community Development
Commission of the City of San Bernardino approving a Certain Housing
Capitalization Funding Agreement (Sub-Recipient Agreement) by and
between the Redevelopment Agency of the City of San Bernardino
("Agency") and Affordable Housing Solutions, Inc., a California non-profit
corporation ("AHS"), Inc., relating to the financing of certain housing
programs and activities. (2D)
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Mr. Sabo explained that this resolution is very similar to the second resolution
(2B) and it deals with the housing component. He explained that for the last
couple of years a lot of the housing programs have been operating through the
Affordable Housing Solutions because they are acquiring and disposing of
foreclosed homes through the NSP Program. This agreement quantifies housing
programs that have an origin in some already approved document and then
projecting forward for the next 30 years what would be the cost of some of these
ongoing programs; i.e., the down payment assistance, rehabilitation,
beautification of homes, and other types of activity.
RES. 2011-47 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing a Certain Reimbursement
and Project Implementation Agreement by and between the City of San
Bernardino and the San Bernardino Economic Development Corporation,
Inc., authorizing the form of certain legal documents related thereto and
authorizing and directing their preparation. (2E)
Mr. Sabo explained that he thought it would be very beneficial to have a
separate City obligation with a non-profit corporation only for the CIP projects
so that this is not just an agency issue. This is a reimbursement agreement
whereby the non-profit will agree to undertake the City CIP Project to the extent
that if they do not or cannot, there would be a reimbursement back to the City.
It's another way to insure that the CIP projects will be done.
City Attorney Penman stated that he and Mr. Sabo met for quite some time and
he and Sr. Ass!. City Attorney Easland have also spoken with the Mayor. He
indicated that he declined to sign off on Resolution 2E due to a number of legal
issues that are uncertain; however, the validation action is a way to resolve
those legal issues. He commented that if the validation action comes out in our
favor, it gives us some additional insulation from a challenge by the State. Mr.
Penman recommended that the following language be added to the motion on
2E: "subject to legal review and approval by the City Attorney's Office and the
outcome of the validation action".
City Clerk Clark read the title of Resolution 2E into the record.
Council member/Commissioner Shorett made a motion, seconded by Council
member/Commissioner Marquez, to add the following verbiage to Resolution
2E: subject to legal review and approval by the City Attorney's Office and the
outcome of the validation action. The motion carried with Kelly and
McCammack voting "no."
Discussion ensued concerning the validation action. Mr. Sabo indicated it
would probably take three to four weeks to get the validation action filed, do all
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the research, and prepare the documents; and it would probably have a final
judgment the latter part of this year.
Council member/Commissioner Shorett made a motion, seconded by Council
member/Commissioner Marquez, to approve Resolutions 2A, 2B, 2C, 2D, and
2E. The vote was taken following discussion.
Council member/Commissioner Kelley stated that he strongly opposed the
attempt by Governor Brown to take San Bernardino's redevelopment dollars. In
order to prevent Sacramento's money grab, he supports the City Council taking
action to protect our city funds; however, he stated that he is very concerned
that the non-profit idea being discussed lacks the necessary accountability to
protect city taxpayers from financial abuse. Mr. Kelley stated that he would
support the creation of a non-profit to handle City redevelopment funds if, and
only if, the non-profit's board consisted of all seven City Council members to
insure that the residents of each ward have an equal voice in the expenditure and
use of City redevelopment funds and also provide the public the level of
accountability required by the taxpayers.
Mayor/Chairman Morris asked Mr. Sabo to explain why there is a need to
create a separate legal entity with a distinctive separate board from the seven
council persons who also act as the EDA Board.
Mr. Sabo indicated that his concern is that just as those cities that are trying to
do this between the City Council and they are wearing the same hat as the
Redevelopment Agency Board members, again you have the transparency that
you are one and the same. He stated that their goal was to set up a very legal
structure and there are still going to be administrative procedures, policies, as
far as how monies will be spent, the accountability, reporting, what type of
approvals might still be required by the Commission or the City Council. Mr.
Sabo believes it's best to leave the framework in place; that there are still
administrative policies and procedures that can be adopted and other limitations
that can be imposed once this action has been taken.
City Attorney Penman stated that it is a real challenge to form a non-profit
corporation that is sufficiently separate from the City so as to survive the
argument that it is sort of our alter ego. Mr. Penman stated that he agreed with
the Mayor that the proposed actions give us more insulation than just changing
hats and having the exact people on the board.
Mayor Morris explained that the construct of the board is a six member board of
directors that consists of three citizen electeds; a member of the school board
who is elected and is a resident of the City; a member of the Chamber of
Commerce Board of Directors, who although not elected is a local citizen living
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locally and has a business background; and, a County Supervisor who has
general oversight by way of jurisdiction of our City.
Council Member/Commissioner McCammack stated that since Mr. Shorett's
motion includes items with which she must abstain from, she was going to
abstain on the entire motion. Mrs. McCammack left the room.
Mr. Penman stated for the record that Mrs. McCammack informed him that
after reviewing Exhibit A projects, there are a number in the Uptown
Redevelopment Project Area that she would have to abstain from because she
owns property in the Uptown Redevelopment Project Area. Also, Omnitrans is
a client of hers and they are part of the construction of a TOD Center and
parking for the sbX bus.
Council Member/Commissioner Kelley made a substitute motion that the new
Board include representatives from the wards that do not have an elected
representative. The motion died for lack of a second.
Public Comments:
Warner Hodgdon, San Bernardino, CA;
Kathy Mallon, San Bernardino, CA;
Robert Jenkins, San Bernardino, CA;
Amelia Sanchez Lopez, San Bernardino, CA;
Rita Arias, San Bernardino, CA;
John Valdivia, San Bernardino, CA.
City Clerk Clark read the titles of each resolution and requested that the motion
to approve resolutions 2A through 2E include waiving further reading of the
resolutions. The maker of the motion and the seconder of the motion agreed to
include waiving further reading of the resolutions.
Council member/Commissioner Brinker stated that one of the projects listed on
page seven of Exhibit A is in the Third Ward, it is the construction of the
railway grade separation on Hunts Lane, south of Hospitality Lane, and that
project is within 500 feet of his house so he was not sure if he should recuse
himself on that particular item. Legal Counsel Sabo recommended that he
abstain on that item.
Council member/Commissioner Brinker made a motion, seconded by Council
member/Commissioner Kelley, to delete project construction of railway grade
separation on Hunts Lane, south of Hospitality Lane, from the list of projects
listed for Resolution 2E. The motion carried with McCammack abstaining.
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The original motion made by Council member/Commissioner Shorett, seconded
by Council member/Commissioner Marquez, to approve Resolutions 2A, 2B,
2C, 2D, and 2E (as amended), carried and Mayor and Common Council
Resolution No. 2011-47 and Community Development Commission
Resolution Nos. CDC/2011-8, CDC/2011-9, CDC/2011-10 and CDC/2011-11
were adopted with Kelley voting "no" and McCammack abstaining.
Council member/Commissioner Shorett made a motion, seconded by Council
member/Commissioner Marquez, to add to Exhibit A of Resolution 2E, the
project construction of railway grade separation on Hunts Lane, south of
Hospitality Lane. The motion failed by the following vote: Ayes: Marquez,
Shorett, Johnson. Nays: Kelley. Abstentions: Brinker, McCammack.
3. Adjournment
At 6:58 p.m., the meeting was adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for Monday, March 7, 2011.
RACHEL G. CLARK, CMC
City Clerk
a~ /J.~
--
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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 Shorell
Chas Kelley
Ri/cke Van Johnson
Wendy McCammack
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 4, 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
Morris at 1:36 p.m., Monday, April 4, 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 - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
1. A. Allen, et at. v. City of San Bernardino, et at. - United States
District Coun, Case No. CV09-1388 DDD(JCx);
04/04/2011
Monica Ballard v. City of San Bernardino, et al. - United States District
Court, Case No. CV1O-02769DMG(AJWx);
Human Potential Consultants v. City of San Bernardino, et at. - San
Bernardino Superior Court, Case No. C1VDS 917268;
Edward Kin/(, et al. v. City of San Bernardino, et al. - United States
District Court, Case No. CV-09-01339-SJO(PJWx);
Judith Little, et at. v. City of San Bernardino, et al. - United States
District Court, Case No. CV09-06068 SVW(CWx);
Terrell Markham, et al. v. City of San Bernardino, et al. - United States
District Court, 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 DOES 1-10, inclusive - United States District Court,
Case No. ED CV 10-00504 YAP (OPx);
Cedric May, et at. v. City of San Bernardino, et al. - United States
District Court, Case No. CV1O-00978 VAP(DTBx);
Maria D. Me;ia, Salvador Mel/(oza and Ma. Guadalupe Mel/(oza v. City
of San Bernardino - United States District Court, Case No. EDCV 11-
00452 YAP (DTBx);
Scott Moss, et al. v. City of San Bernardino - United States District
Court, Case No. ED CV 07-01027 SGL (OPx);
Estate of Terry Nash v. City of San Bernardino, et at. - United States
District Court, Case No. CV09-08671RGK (FFMx);
People of the State of California v. Mar/(aret Sherman, et al. - San
Bernardino Superior Court, Case No. C1VDS 917881 (Hudson Theater
nuisance case);
San Bernardino City Professional Firefi/(hters, Local 891, Nathan Lopez,
et al. v. City of San Bernardino, et at. - San Bernardino County
Superior Court, Case No. C1V 10-01779;
DeffUlriae Vinson v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. C1VSS 818649.
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B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9:
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
City of San Bernardino v. Enedelia Zavala
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.
City Attorney Penman announced that the following case would be discussed in
closed session under Agenda Item No. lA, existing litigation:
Elvia Aguilar v. City of San Bernardino, et al. - United States District
Court, Case No. CVlO-3659 SJO(PLAx).
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
A moment of silence was observed in memory of Charlie Seymour.
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04/04/2011
Invocation/Pledge of Allegiance
The invocation was given by Pastor Lazard Harrison of Life Changing Ministries. The
pledge of allegiance was led by Jennifer Rodriguez, a fifth grade student from
Lankershim Elementary School.
2. Appointments
There were no Commission appointments.
3. Proclamations and Presentations
Garry Devlin, President of the Native Sons of the Golden West, and member
James Smith, presented two new flags to Jesse Sandoval and Kevin Hawkins,
Director of Parks, Recreation and Community Services, to be used at the
Pioneer Cemetery.
Mayor Morris presented a proclamation declaring the week of April 10-16,
2011, as National Library Week to Deborah Clark, Interim Library Director.
Tait Ecklund, Assistant to the City Manager, provided a PowerPoint
presentation on the new San Bernardino Citizens' Academy Training Program
that will be launched in the near future.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions and Ordinances
Council Member/Commissioner 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 dated April 4, 2011, 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 meetings of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: January
18,2011; February 2, 2011. The motion carried unanimously.
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7. Personnel Actions
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated March 31, 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. FY 2010/11 Integrated Waste Management budget amendment per
Resolution No. 2011-51 (Alden Fleet Solutions, Inc.)
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized to
amend the FY 2010/11 Integrated Waste Management budget and transfer
$35,200 from Account No. 527-400-5181-0000-0001 to Account No. 527-400-
5112-0000-0001. The motion carried unanimously.
9. ORD. MC-1347 - 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. FINAL READING (Continued from March 21, 2011.)
Council Member/Commissioner McCammack abstained because she owns
property in the Uptown Redevelopment Project Area.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance
No. MC-1347 was adopted with McCammack abstaining.
10. RES. 2011-77 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the donation of the 1965 Seagrave Tiller
Truck and Ancillary Equipment to Fire Memories, Inc.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2011-77 was adopted unanimously.
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11. RES. 2011-78 - 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 $74,900 to Consolidated Electrical
Distributors, Inc. for the purchase of streetlight poles.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Kelley reminded staff that the Council had
approved a policy that when a motorist hits a pole and knocks it down, if they
are insured, then those dollars paid by the insurance carrier to repair those poles
goes into an account for that purpose, and he requested that the Council be
apprised of that account balance on a quarterly basis.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-78 was adopted unanimously.
12. RES. 2011-79 - Resolution of the City of San Bernardino approving
Amendment No. 4 to Agreement for Professional Services with AECOM
Technical Services, Inc. to provide engineering services for the design of
Old Waterman Canyon Bridge Repair (SS07-14).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-79 was adopted unanimously.
13. RES. 2011-80 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Tow Service
Agreements with the six tow carriers (Tri-City Towing, Danny's Towing,
City Towing, Wilson Towing, LLC., Big Z Autoworks, Inc. and Hayes
Towing) participating in the program and operating within the incorporated
boundaries of the City of San Bernardino.
City Attorney Penman advised that the local Chamber of Commerce, of which
his wife is president and CEO, had taken a position on this matter insofar as the
City operating a tow yard; therefore, he would conflict off of this item to avoid
the appearance of a conflict and Attorney Elizabeth Martin of Lewis, Brisbois,
Bisgaard and Smith LLP would be advising the Council. He vacated his seat
and was replaced by Attorney Martin.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted. (No vote
was taken at this time.)
6
04/04/2011
Council Member/Commissioner Shorett stated that he could not support this
item as it was currently structured-that he does not support the transfer of the
agreement in the event of a sale nor a five-year contract. He stated that he
would like to see the City continue the status quo as far as the agreement is
concerned and raise the fees to $70.
Council Member/Commissioner Shorett made a substitute motion, seconded by
Council Member/Commissioner Brinker, that they retain the current agreement
on a year to year basis, and at the end of one year the City will open an RFP to
the towing community, that they increase the fee to $70 per tow, but that they
do not approve a five-year contract.
James Graham, Assistant to the City Manager, provided an overview of the
salient points contained in the new agreements.
Council Member/Commissioner Kelley asked if the recommendation before the
Council was the same recommendation that came out of committee and he was
assured that it was.
Mr. Shorett stated that he could not support the five-year contract nor the
transfer of the agreement if the tow company makes a 51 percent sale of the
company. He stated that they need to go out for RFP.
Ms. Martin noted that this was the first time that there has been a five-year
agreement.
Council Member/Commissioner Brinker stated that he understood the need to
have a long term contract, but questioned whether there has been any discussion
on how or when to open this up to other tow companies.
Public Comments:
Mark Ostoich, Attorney, San Bernardino, CA, speaking on behalf of United
Road Towing;
Robert Ring, Attorney, Los Angeles, CA, speaking on behalf of the six tow
companies;
Lilly Ann Vach, Wilson Towing, San Bernardino, CA;
Jason Desjardins, Big Z Towing, San Bernardino, CA.
The vote on the substitute motion made by Council Member/Commissioner
Shorett, seconded by Council Member/Commissioner Brinker, failed with
Marquez, Brinker, Kelley, Johnson, and McCammack voting "no."
7
04/04/2011
The original motion made by Council Member/Commissioner Kelley, seconded
by Council Member/Commissioner McCammack, that said resolution be
adopted, carried. Resolution No. 2011-80 was adopted with Brinker and
Shorett voting "no."
14. Item deleted
15. An urgency ordinance and non-urgency ordinance regarding medical
marijuana dispensaries
ORD. MC-1348 - An Urgency Ordinance of the City of San Bernardino
adding San Bernardino Municipal Code Chapter 5.05 prohibiting the
establishment and operation of medical marijuana dispensaries, declaring
the urgency thereof, and taking effect immediately. URGENCY (15A)
An Ordinance of the City of San Bernardino adding San Bernardino
Municipal Code Chapter 5.05 prohibiting the establishment and operation
of medical marijnana dispensaries. FIRST READING (15B)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said urgency ordinance A be
adopted; and that said ordinance B be laid over for final adoption. The motion
carried and Urgency Ordinance No. MC-1348 was adopted unanimously.
16. RES. 2011-81 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment
No.1 to Contract 10-318 with the County of San Bernardino Department of
Aging and Adult Services (DAAS) for the Senior Nutrition Program and to
authorize the issuance and increase of annual purchase orders in an amount
not to exceed $116,082 in the aggregate to Sysco Foods, Merit Day, Ross
Swiss, and a new food distributor, US Foodservice; for FY 2010-11 through
FY 2012-13.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-81 was adopted unanimously.
17. RES. 2011-82 - Resolution ratifying the submittal of a grant application to
US Soccer Foundation for the amount of $8,000 in services credit from
Clough Harbor Sports for planning and design of a one synthetic turf soccer
field at the San Bernardino Soccer Complex.
8
04/0412011
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2011-82 was adopted unanimously.
18. Public Hearing - Resolution ordering amended work - Pine A venue and
Redwood Street Area Landscape, Storm Drain Catch Basins and Sewer Lift
Station Maintenance Assessment District No. 1055 (Tentative Tract No.
17716)
RES. 2011-83 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
submitted in favor of the assessment increase exceed the ballots submitted in
opposition to the assessment increase and that the public convenience and
necessity require the maintenance of additional landscaping, storm drain
catch basins and a sewer lift station in the Pine Avenue and Redwood Street
Area, known as Assessment District No. 1055, previously approved,
approving the final Amended Engineer's Report, amending the assessment
district to cover the costs of said additional maintenance, ordering the
additional work, confirming the 2011-2012 assessment roll, and determining
that the Special Assessment Investigation, Limitation and Majority Protest
Act of 1931 shall not apply.
Mayor/Chairman Morris opened the hearing.
Nadeem Majaj, Director of Public Works, advised that this proposal would
amend Assessment District No. 1055 to add another two slope areas and four
catch basins with filtration inserts for water quality purposes. He added that it
will increase the annual assessment on the property.
No public comments were received.
Council Member/Commissioner Kelley noted that above and beyond the $78
increase in the general benefit amount, there is an escalator clause in this
amendment. In the past, when a landscaping district was established, it was set
at a certain assessed value, and after several years the cost for maintaining the
landscaping would increase and the City would actually be upside down.
However, that will not be a problem in this instance.
Council Member/Commissioner McCammack stated that she worried about the
developer passing off these costs to the homeowners once the homes are built,
and she thought that sometimes these costs get out of line.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed. The motion
carried unanimously.
9
04/04/2011
City Clerk Clark opened the ballot envelope and stated that there were three
ballots, and that all three voted to approve the assessment district.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-83 was adopted unanimously.
19. RES. 2011-84 - 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 al., United States District Court, Case No. CVIO-
02769DMG(AJWx). (Continued from March 21,2011.)
Note: Agenda Item Nos. 19 and 20 were discussed and voted on
simultaneously.
City Attorney Penman distributed a Request for Council Action that called for
payment of this item from the Claims & Judgments Payable account.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the cases described in Agenda Item
Nos. 19 and 20 be paid from the Claims & Judgments Payable account; and that
said resolution be adopted. (The vote was taken following discussion.)
It was pointed out that outside legal expenses are separate from claims and
judgments and should not be paid from the Claims & Judgments Payable
account.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Following discussion of the matter, Council Member/Commissioner Kelley
stated that it was important for the Council to be educated on these matters, and
he requested a workshop regarding the basic fundamental budget principles of a
municipal government.
City Manager McNeely advised that within the next 30-60 days there would be a
workshop of how the budget is set up.
The motion made by Council Member/Commissioner McCammack, seconded
by Council Member/Commissioner Kelley, that the cases described in Agenda
Item Nos. 19 and 20 be paid from the Claims & Judgments Payable account
failed with Marquez, Brinker, Shorett, and Johnson voting "no."
10
04/04/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-84 was adopted unanimously.
20. RES. 2011-85 - 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).
(Continued from March 21,2011.)
Note: Agenda Item Nos. 19 and 20 were discussed and voted on
simultaneously.
City Attorney Penman distributed a Request for Council Action that called for
payment of this item from the Claims & Judgments Payable account.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the cases described in Agenda Item
Nos. 19 and 20 be paid from the Claims & Judgments Payable account; and that
said resolution be adopted. (The vote was taken following discussion.)
It was pointed out that outside legal expenses are separate from claims and
judgments and should not be paid from the Claims & Judgments Payable
account.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Following discussion of the matter, Council Member/Commissioner Kelley
stated that it was important for the Council to be educated on these matters, and
he requested a workshop regarding the basic fundamental budget principles of a
municipal government.
City Manager McNeely advised that within the next 30-60 days there would be a
workshop of how the budget is set up.
The motion made by Council Member/Commissioner McCammack, seconded
by Council Member/Commissioner Kelley, that the cases described in Agenda
Item Nos. 19 and 20 be paid from the Claims & Judgments Payable account
failed with Marquez, Brinker, Shorett, and Johnson voting "no."
11
04/04/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-85 was adopted unanimously.
21. Council Committee Assignments
Council Member/Commissioner McCammack stated that she felt there was a
taint of impropriety to the recommendations and she would be abstaining.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the recommended Council Committee
assignments (shown below) be approved. The motion carried with
McCammack abstaining.
Redevelopment Committee (RDA)
Tobin Brinker, Chair; Rikke Van
Johnson; Virginia Marquez
Ways and Means Committee
Fred Shorett, Chair; Rikke Van
Johnson; Chas Kelley
Legislative Review Committee
Virginia Marquez, Chair; Wendy
McCammack; Fred Shorett
Personnel Committee
Rikke Van Johnson, Chair; Tobin
Brinker; Virginia Marquez
Grants Ad Hoc Committee
Tobin Brinker, Chair; Wendy
McCammack; Chas Kelley
22. RES. 2011-86 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the revision of the Windy Day Event Pilot
Program in the 5th Ward operated by the Public Works Department,
Integrated Waste Management Division.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted, with staff to
explore a less expensive methodology such as robo calls to notify residents.
The motion carried and Resolution No. 2011-86 was adopted unanimously.
12
04/04/2011
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; Senior Deputy City
Attorney Jolena Grider; Economic Development Agency Interim
Executive Director Marzullo and Agency Counsel Saba; City Clerk
Clark.
Absent:
None.
Vacant:
Second Ward.
R23. University Park Promenade and Shops, LLC - Benefit resolutions for
certain public improvements adjacent to North Park Boulevard and
University Parkway pursuant to the Owner Participation Agreement
Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to certain payments by the Redevelopment Agency of
the City of San Bernardino and making certain findings and determinations
pursuant to Health and Safety Code Section 33445 as to the benefit to the
State College Redevelopment Project Area for the installation of public
improvements adjacent to the public rights-of-way of Northpark Boulevard
and University Parkway (State College Redevelopment Project Area).
(R23A)
Resolution of the Community Development Commission of the City of San
Bernardino making certain findings and determinations pursuant to Health
and Safety Code Section 33445 as to the benefit to the State College
Redevelopment Project Area for the installation of public improvements
adjacent to the public rights-of-way of Northpark Boulevard and University
Parkway (State College Redevelopment Project Area). (R23B)
Note: No Mayor and Council resolution was distributed with the backup
materials.
Staff requested a continuance of this matter.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of April 18, 20 I I. The motion carried unanimously.
13
04/04/2011
R24. Expansion of the City of San Bernardino portion of the San Bernardino
Valley Enterprise Zone (Mount Vernon Corridor, State College, 40th Street,
Uptown, and Inland Valley Development Agency Redevelopment Project
Areas)
RES. 2011-87 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing and approving the submittal of a request for
expansion of the geographic boundaries of the San Bernardino Valley
Enterprise Zone by the City of Colton, the City of San Bernardino, the
County of San Bernardino and the Inland Valley Development Agency.
Council Member/Commissioner McCammack stated she would abstain because
she owns property in the Uptown Redevelopment Project Area. She 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 resolution be adopted. Resolution
No. 2011-87 was adopted with McCammack abstaining.
25. Current Litigation Report - Claims & Judgments Payable
City Attorney Penman distributed a Request for Council Action and Staff Report
dated April 4, 2011, regarding this agenda item.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the matter be tabled. The motion
carried with Kelley voting "no" and McCammack absent.
26. Public Comments
Paul Sanborn, San Bernardino, CA, stated that he wants to see a measure on
the November ballot to make the Council positions full-time.
Jaime Alvarez, Yucaipa, CA, apologized to the majority of the Council who
inherited the legal battle they now find themselves in and stated that Mr.
Penman had quoted that $700,000 had been spent in the case against him, but
that was an inflated figure. He submitted documents relative to his case.
Herbert Simms, San Bernardino, CA, former plumbing foreman with the City
of San Bernardino, spoke regarding the demolition of his home by Code
Enforcement and their intent to take his trailer in the morning. He asked that he
be granted more time.
14
04/04/2011
Joe Ortiz, San Bernardino, CA, read a letter from Yolanda Poole that had
appeared in The Sun newspaper.
City Attorney Penman, spoke regarding the corruption charges that had been
brought against Jaime Alvarez, but had been dropped due to the death of a key
witness; and his low tolerance for public corruption.
James Smith, San Bernardino, CA, pointed out that Yolanda Poole is actual1y
the daughter of Joe Ortiz and is married to a Los Angeles police officer, stated
that he has known Fred Shorett for several years and he is an honest man, and
commented on the lack of civility during the Council meetings.
27. Adjournment
At 7:37 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for I: 30 p. m., Monday, April 18, 20 II.
RACHEL G. CLARK
City Clerk
By: ~E.~
Linda E. Hartzel
Deputy City Clerk
15 04/04/2011
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
Rikke Van Johnson
Wen~ McCammack
~
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 18, 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 1:36 p.m., Monday, April 18, 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; City Attorney Penman; City Manager
McNeely; City Clerk Clark.
Absent:
Council Member/Commissioner McCammack.
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):
Daniel Davies v. City of San Bernardino - Workers' Compensation
Appeals Board, Case No. ADJ3061243;
04/18/2011
Human Potential Consultants v. City of San Bernardino, et al. - San
Bernardino Superior Court, Case No. CIVDS 917268;
People of the State of California v. MarRaret Sherman, et al. - San
Bernardino Superior Court, Case No. ClVDS 971881 (Hudson Theater
nuisance case);
Estate of Terry Nash v. City of San Bernardino, et al. - United States
District Court, Case No. CV 09-0867IRGK(FFMx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
City of San Bernardino v. United States Fish and Wildlife Service
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:
Mt. Vernon Corridor Redevelopment Project Area
1.
Property Address:
5th Street and Mt. Vernon Avenue (Gas
Station)
2
04/18/2011
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Seller and Lessor and Ahd
Haddad, on behalf of Crossroad Petroleum,
Inc., as Purchaser and Lessee.
Under Negotiation: Purchase/Lease terms and conditions.
Central City North Redevelopment Project Area
2.
Property Address:
DGS property on "E" Street (northwest of
the Caltrans parking structure)
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Purchaser and authorized
representatives of the State of California,
Department of General Services, as Seller.
Under Negotiation: Lease terms and conditions.
City Attorney Penman announced that the following cases would be discussed in
closed session:
EI via Aguilar v. City of San Bernardino et al. - United States District Court,
Case No. CYlO-03659 S1O; and
Judith Little, et al. v. City of San Bernardino, et al. - United States District
Court, Case No. CY09-06068 SYW.
Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor/Chairman Morris requested a moment of silence in memory of Mildred Hudson.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Joshua Beckley from Ecclesia Christian Fellowship.
The pledge of allegiance was led by Samantha Ramirez, a fifth grade student at Abraham
Lincoln Elementary School.
2. Appointments
There were no commission appointments.
3
04/18/2011
3. Presentations and Proclamations
Public Works Director Nadeem Majaj joined Mayor Morris in presenting awards
to Community Hospital, St. Bernardine Medical Center, and Stater Bros. Markets
for being recognized by the California Department of Resources Recycling and
Recovery (CalRecycle) Waste Reduction Awards Program (WRAP) for their
outstanding waste reduction and recycling efforts.
Walt Commons, a consultant with the National Institute for Auto Service
Excellence, presented the Blue Seal Award to the Public Works Fleet Division.
City Manager Charles McNeely announced the nominees of the 2011 First
Quarter Customer Service Award: Janice Munoz, SBETA; Teresa Keller,
SBETA; Mitch Assumma, Parks, Recreation & Community Services; Susan
Estrada, Animal Control; Officer Ray Diaz, Police Department; Oscar Gonzalez,
Public Works; Tony Meyers, Community Development; Captain Nate Cook, Fire
Department; Maria Valenzuela, Fire Department; and Richard Luczak, City
Attorney's Office. The recipient of the 2011 First Quarter Customer Service
A ward was Tony Meyers of Community Development.
Mayor Morris presented a proclamation to Ryan English, Assistant General
Manager of the Inland Empire 66ers Baseball Club of San Bernardino,
acknowledging the Club's community outreach and its new affiliation with the
Los Angeles Angels of Anaheim.
Council Member Chas Kelley presented a proclamation to Joe Doyle, Assistant
for Public Affairs, and Mr. Kirk Garvin, Stake President of the Church of Jesus
Christ of Latter Day Saints, honoring Mormon Helping Hands, an organization
that provides community assistance and disaster relief throughout the world.
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
Charles Carter
Rebecca Daugherty
Aron Liang
Carmencita Benitez
James Davis
Lilly Griffin
Department
Community Development
Community Development
Community Development
Fire
Fire
Police
Years of Service
15
5
10
10
15
5
4
04/18/2011
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive full reading of resolutions and ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission dated April 18, 2011, be waived. The
motion carried with McCammack absent,
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: February
7, 2011; February 22, 2011; and March 17, 2011. The motion carried with
McCammack absent.
7. Claims and Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated April 12, 2011, from
Barbara Pachon, Director of Finance, be approved. The motion carried with
McCammack absent.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated April 14, 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 with McCammack
absent.
9. ORD. MC-1349 - An Ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Chapter 5.05 prohibiting the establishment and
operation of medical marijuana dispensaries. FINAL READING (Continued
from April 4, 2011)
5
04/18/2011
Council Member/Conunissioner Johnson made a motion, seconded by Council
Member/Conunissioner Brinker, that said ordinance be adopted. Ordinance No.
MC-1349 was adopted with McCammack absent.
10. RES. 2011-91 - A Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution No. 2005-286 regarding towing
regulations.
City Attorney Penman stated that he would abstain on this item due to the
appearance of a conflict because the San Bernardino Chamber of Conunerce has
taken a position in opposition to the establishment of a Police tow yard and his
wife is the president and CEO of the San Bernardino Chamber of Conunerce. He
advised that Mr. Sabo's office had reviewed the item and would be available to
answer any questions posed by the Council.
Public Conunents:
Joe Ortiz, San Bernardino, CA.
Council Member/Conunissioner Kelley made a motion, seconded by Council
Member/Conunissioner Brinker, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2010/11 budget to appropriate
any increase in revenue generated in excess of the amount originally estimated for
the Tow Franchise Program to the Police Department for police officer retention;
and that the $300,000 increase in revenue derived from the new Tow Franchise
Program in the FY 2011/12 budget proposal be used to fund either four police
officer positions that will be eliminated if the State does not provide funding to
the COPSISLESF Grant Program, or to reinstate police positions that were
eliminated as part of the 8% budget cuts if that grant program is funded. The
motion carried and Resolution No. 2011-91 was adopted with McCammack
absent.
11. RES. 2011-88 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of Amendment No. 2 to the
agreement for auditing services by and between the City of San Bernardino
and Rogers, Anderson, Malody & Scott, L.L.P. for the provision of fmancial
auditing services.
Council Member/Conunissioner Johnson made a motion, seconded by Council
Member/Conunissioner Brinker, that said resolution be adopted. Resolution No.
2011-88 was adopted with McCammack absent.
6
04/18/2011
12. RES. 2011-89 - 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 Zoll Medical Corporation for four Cardiac Monitor/
Defibrillators with accessories.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-89 was adopted with McCammack absent.
13. RES. 2011-90 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to execute a Use of Facilities
Agreements by and between California State University, San Bernardino and
the City of San Bernardino; allowing for use of Fiscalini Field from January
1, 2011 through December 31, 2011, with the option of three (3) one-year
renewals; and repealing Resolution 2010-26.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-90 was adopted with McCammack absent.
14. ORD. MC-1350 - An Urgency Ordinance of the City of San Bernardino
amending San Bernardino Municipal Code (Development Code) Section
19.06.030(2)(B) regarding alcoholic beverage sales activities, declaring the
urgency thereof and taking effect immediately. URGENCY
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said urgency ordinance be adopted; and that
said ordinance also be referred to the Planning Commission for review and
recommendation. The motion carried and Ordinance No. MC-1350 was
adopted with McCammack absent.
15. Community Development Department Position Reclassification
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council reclassify
one Development Services Admin Supervisor position, Range 4490, $5,113 _
$6,2l5/month, to Senior Civil Engineer, Range 4550, $6,896 - $8,383/month;
that the Director of Human Resources be authorized to update Resolution No. 97-
244 to reflect these actions; and that the Director of Finance be authorized to
amend the FY 2010/11 budget. The motion carried with McCammack absent.
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04118/2011
16. Reorganization of Print Shop in the Information Technology Department
Staff requested that the deletion of the Reprographics & Mail Technician position
be continued for two weeks.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council add one
IT Technician II (Flex) position, Range 3430, $3,791 - $4,607/month; delete one
Reprographics & Mail Supervisor position, Range 2440, $3,984 - $4,843/month;
that the Director of Human Resources be authorized to update Resolution No.
97-244 to reflect these actions; that the Director of Finance be authorized to
amend the FY 2010/11 budget and incorporate the changes into the FY 2011/12
budget proposal; and that the deletion of one Reprographics & Mail Technician
position, Range 1370, $2,810 - $3,416/month be continued to the Council!
Commission meeting of May 2, 2011. The motion carried with McCammack
absent.
17. Public Works Department, Operations and Maintenance Division, Staffing
Changes
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council add two
Electrician I positions, Range 1410, $3,431 - $4,170/month; establish two part-
time Electrician I positions, $19.79 - $24.05/flat hourly rate; reclassify the
Deputy Director/Maintenance Services (U) position, Range 4570, $7,620 -
$9,262/month to Operations and Maintenance Division Manager (U), Range
4540, $6,561 - $7,975/month; that the job descriptions be approved as proposed;
that the Director of Human Resources be authorized to update Resolution Nos.
97-244 and 2008-20 to reflect these actions; and that the Director of Finance be
authorized to amend the FY 2010/11 budget and transfer $28,400 from Account
No. 001-400-5502-0000-0092 to Account No. 001-400-5011-0000-0092 and
transfer $20,600 from Account No. 001-400-5502-0000-0092 to Account No.
001-400-5014-0000-0092. The motion carried with McCammack absent.
18. RES. 2011-92 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of the Indian Gaming Local
Community Benefit Grant in the amount of $1,328,204.00 for FY 11/12 and
authorizing the expenditure of said grant for the designated law enforcement
purposes as outlined in the grant budget.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2011-92 was adopted with McCammack absent.
8
04/18/2011
19. An Ordinance of the Mayor and Common Council of the City of San
Bernardino adding Chapter 15.27 entitled Crime-Free Rental Housing
Program to the San Bernardino Municipal Code.
Public Comments:
Roy Ferguson, San Bernardino, CA;
Kathy Pinegar, San Bernardino, CA;
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the ordinance be referred to the Legislative
Review Committee; that a resolution establishing the annual fee as recommended
be brought forward for concurrent adoption; and that the staffing
recommendations be referred to the Personnel Committee.
City Attorney Penman advised the Council of a Brown Act issue in that Motion I
referred the matter to the Legislative Review Committee and Motion 3 referred it
to the Personnel Committee, which would result in the matter being heard by a
quorum of the Council. He recommended that Motions I and 2 be approved and
that Motion 3 be deferred until the second reading of the ordinance.
Council Member/Commissioner Johnson amended his motion, seconded by
Council Member/Commissioner Brinker, that the ordinance be referred to the
Legislative Review Committee; and that a resolution establishing the annual fee as
recommended be brought forward for concurrent adoption. The motion carried
with McCammack absent.
20. Municipal Code amendment to permit food carts and vegetable stands
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be referred to the Legislative
Review Committee. The motion carried with McCammack absent.
21. Agenda for Mayor and Common Council Workshop on April 26, 2011
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker stated that he would like to have a
discussion about the possibility of moving public comments to the beginning of
the Council meetings.
9
04/18/2011
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the procedures and operating guidelines be
discussed at the April 26, 2011 Mayor and Common Council Workshop. The
motion carried with Kelley voting "no" and McCammack absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson; City Attorney Penman; Economic
Development Agency Interim Executive Director Marzullo and Special
Counsel Sabo; City Clerk Clark.
Absent:
Council Member/Commissioner McCammack.
Vacant:
Second Ward.
R22. Public Hearing - Relocation Plan - Lugo Senior Apartments, LLC (the
"Project") (Inland Valley Development Area)
Resolution of the Commuuity Development Commission of the City of San
Bernardino approving and authorizing the Relocation Housing Plan for
displaced residents of the Lugo Senior Apartments, LLC.
Note: No backup materials were distributed.
Mayor/Chairman Morris opened the hearing.
Staff requested that the item be continued to May 2, 2011.
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 May 2, 2011. The motion carried with Kelley and
McCammack absent.
R23. University Park Promenade and Shops, LLC - Benefit resolutions for certain
public improvements adjacent to Northpark Boulevard and University
Parkway pursuant to the Owner Participation Agreement (Continued from
April 4, 2011)
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04/18/2011
RES. 2011-93 - Resolution of the Mayor and Common Council of the City of
San Bernardino consenting to certain payments by the Redevelopment
Agency of the City of San Bernardino and making certain findings and
determinations pursuant to Health & Safety Code Section 33445 as to the
benefit to the State College Redevelopment Project Area for the installation
of public improvements adjacent to the public rights-of-way of Northpark
Boulevard and University Parkway (State College Redevelopment Project
Area). (R23A)
RES. CDC/2011-21 - Resolution of the Community Development Commission
of the City of San Bernardino making certain findings and determinations
pursuant to Health and Safety Code Section 33445 as to the benefit to the
State College Redevelopment Project Area for the installation of public
improvements adjacent to the public rights-of-way of Northpark Boulevard
and University Parkway (State College Redevelopment Project Area).
(R23B)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2011-93 and Community
Development Commission Resolution No. CDC/2011-21 were adopted with
McCammack absent.
24. City Attorney report on Political Reform Act investigations and prosecutions;
policies and procedures followed by the office on conducting investigations
and prosecutions
Note: No backup materials were distributed.
Staff requested that the item be continued to May 2, 2011.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of May 2, 2011. The motion carried with McCammack
absent.
25. Public Comments
Bill Sandefur, San Bernardino, CA, spoke about safety issues at the
Meadowbrook Apartments where the majority of renters are disabled. He stated
that visitors to the apartment complex use the emergency exits to stay hidden
11
04/18/2011
from the cameras, which causes loud alarms to be heard continuously 5-20 times
during the day.
Paul Sanborn, San Bernardino, CA, stated that he would like the members of the
Council to be full-time employees.
Joe Ortiz, San Bernardino, CA, read a letter written by Thomas Poole, Jr. that
appeared in The Sun newspaper on April 6, 2011.
Robert Jenkins, San Bernardino, CA, thanked the Mayor and Council for their
sponsorship and participation in the Railroad Days event held this past weekend.
He stated that the Santa Fe Railroad has employed three generations of his family
here in San Bernardino.
Karen Serrano, San Bernardino, CA, spoke about Congressman Baca's proposed
amendment to the Endangered Species Act and distributed copies of the press
release and the legislation to the members of the Council; presented a Certificate
of Recognition to the City of San Bernardino on behalf of Congressman Baca
congratulating the City on the successful Railroad Days event; announced that she
was leaving Congressman Baca's office and that her replacement's name was
Candace Loya; and that Congressman Baca had endorsed Virginia Marquez
because he felt that she was the best candidate for the First Ward Council seat.
Candace Loya, San Bernardino, CA, introduced herself as the new
Congressional Liaison for San Bernardino from Congressman Baca's office.
Manuel Armendarez, Highland, CA, spoke in opposition to the new sports bar
that is being built in his neighborhood at 3660 Highland Avenue in the Fourth
Ward.
Jim Penman, San Bernardino, CA, addressed a comment that was made at the
last Council meeting that alleged that the City Attorney engages in character
assassination.
Jim Smith, San Bernardino, CA, stated that the Council has to work to change
the public's perception of the City.
Amelia Lopez, San Bernardino, CA, stated that her program has been
collaborating with the City to reduce some of the problems related to alcohol and
drug abuse in the City and that they have been providing Responsible Beverage
Service training classes in the basement of City Hall. She stated that they are
pleased with the progress the City is making with the deemed approved
ordinance, especially as it moves forward toward enforcement, education and
training.
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04/18/2011
Ms. Lopez announced that the Coalition for a Drug Free San Bernardino and the
City of San Bernardino would be hosting a community town hall meeting on May
11, 2011, from 6-8 p.m., in the Council Chambers of City Hall, to discuss
substance abuse and possible solutions.
26. Adjournment
At 5:45 p.m., the meeting adjourned to 5 p.m., Tuesday, April 26, 2011, in the
Economic Development Agency Boardroom to consider Boards and
Commissions.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, May 2,2011.
RACHEL G. CLARK
City Clerk
By~,Jdt~(lA~_
Linda Sutherland
Deputy City Clerk
13
04/18/2011
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
Coos Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION AND
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 2, 2011
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community
Development Commission, and San Bernardino City Housing Authority of the City of
San Bernardino was called to order by Mayor/Chairman Morris at 1:36 p.m., Monday,
May 2, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Brinker,
Shorett, Johnson, McCammack; City Attorney Penman; City Manager
McNeely; City Clerk Clark.
Absent:
Council Members/Commissioners Marquez, Kelley.
Vacant:
Second Ward.
Council Member/Commissioner Kelley arrived at 1:44 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a).
05/02/2011
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)
Claim of Monique Castaneda & Mary Guisa
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:
1. Property Address: APN: 0142-522-10
2669 West 5th Street, San Bernardino, CA
92410
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as agent for the San Bernardino
City Housing Authority
Under Negotiation: Lease terms and conditions.
2. Property Address: APN: 0142-522-26
2618 West 5th Street, San Bernardino, CA
92410
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05/02/2011
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as agent for the San Bernardino
City Housing Authority
Under Negotiation: Lease terms and conditions.
3. Property Address: APN: 0134-054-07,08, & 09
746 West 5th Street, San Bernardino, CA
APN: 0134-053-20,21,22,23,25 & 26
Spruce Street vacant parcels, San
Bernardino, CA
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as agent for the San Bernardino
Economic Development Corporation
Under Negotiation: Lease terms and conditions.
Central City North Redevelopment Project Area
4. 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.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under Agenda Item No. lA, existing litigation:
Human Potential Consultants v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVDS 917268;
People of the State of California v. Margaret Sherman, et al. - San Bernardino
County Superior Court, Case No. CIVDS 917881;
3
05/02/2011
Jose Rivera, Ericka Rivera, Andrew Rivera, a minor, and Cynthia Rivera, a
minor v. City of San Bernardino, et al. - Riverside County Superior Court,
Case No. RIC 10022468.
Under Agenda Item No. lB, significant exposure to litigation:
Claim of Nova Burch
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, Community
Development Commission, and San Bernardino City Housing Authority.
Moment of Silence
A moment of silence was observed in memory of former Sixth Ward Council members
Norris P. Gregory, Jr., and Valerie Pope-Ludlam.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David McGlocklin of St. Paul's United
Methodist Church. The pledge of allegiance was led by Cynthia Chaparro, a fifth
grade student at Lytle Creek Elementary School.
2. Reappointment - Dennis Reichardt - Civil Service Board - Mayor Morris
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the reappointment of Dennis
Reichardt to the Civil Service Board, as requested by Mayor Morris, be
approved. The motion carried with Marquez absent.
3. Proclamations & Presentations
Council Member Brinker presented the Citizen of the Month A ward to longtime
community volunteer Rita Arias.
Mayor Morris presented a proclamation to Jack Hill of the San Bernardino Area
Chamber of Commerce declaring the month of Mayas Law Enforcement Month.
Mitch Alderman of SANBAG provided an update on the Downtown San
Bernardino and Redlands Passenger Rail Projects and announced that there
would be public information meetings on May 11 at the ESRI Cafe in Redlands,
May 12 at the Santa Fe Depot in San Bernardino, and a scoping meeting on
May 17 at the SANBAG lobby located at the Santa Fe Depot.
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05/02/2011
4. Announcements
Announcements were made by the Mayor, Members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions and Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council,
Community Development Commission, and San Bernardino City Housing
Authority dated May 2, 2011, be waived. The motion carried with Marquez
absent.
6. Item Deleted
7. Claims and Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated April 26,
2011, from Barbara Pachon, Director of Finance, be approved. The motion
carried with Marquez absent.
8. Personnel Actions
Council Member/Commissioner McCammack stated that she did not support
Personnel Item Nos. 4 and 5 (call taker positions); therefore, she would be
voting "no."
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated April 28, 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 with
McCammack voting "no" and Marquez absent.
9. Public Pension Reform
Council Member/Commissioner Brinker submitted a document titled,
"QUESTIONS ABOUT PUBLIC PENSIONS" which contained questions that
he wanted to be answered at the time of the proposed public pension reform
presentation.
5
05/02/2011
Public Comments:
Robert Jenkins, San Bernardino, CA.
Laurie Stalnaker.
Shirley Harlan, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that staff be directed to make a presentation
for the Mayor and Common Council on public pension reform within 60 days.
Council Member/Commissioner Johnson made a substitute motion, seconded by
Council Member/Commissioner Brinker, that if the public pension reform
presentation is brought back, that it be brought back in a workshop format. The
motion failed with Kelley and McCammack voting "no" and Marquez
absent.
The original motion made by Council Member/Commissioner Brinker, seconded
by Council Member/Commissioner Johnson, that staff be directed to make a
presentation for the Mayor and Common Council on public pension reform
within 60 days failed with Kelley, Johnson and McCammack voting "no"
and Marquez absent.
10. RES. 2011-94 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Use of
Facilities Agreement between the City of San Bernardino and the Coast
Soccer League for use of the San Bernardino Soccer Complex for a 5-year
period.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-94 was adopted with Marquez absent.
II. RES. 2011-96 - Resolution of the Mayor and Common Council of the City
of San Bernardino accepting the donations from Petfinder .com and HEAL
Organization, and authorizing the purchasing manager to increase the
purchase orders assigned to Victor Medical Company for a combined total
of $33,516 for FY 2010-11.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted; and
that the Director of Finance be authorized to amend the FY 2010-11 budget as
outlined in the staff report dated April 16, 2011, from the Chief of Police. The
motion carried and Resolution No. 2011-96 was adopted with Marquez
absent.
6
05/02/2011
12. RES. 2011-95 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the issuance of a purchase order in the
amount of $105,806.05 to Burbank Recycling, Inc. for Municipal Solid
Waste Disposal Services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-95 was adopted with Marquez absent.
13. Mid-Year Budget Review for FY 2010-2011
Relative to borrowing against next year's budget to balance the City Attorney's
budget this year, Council Member/Commissioner McCammack stated that she
thought there were legal, constitutional requirements for loans and she didn't
believe, based on the California State Constitution, that they could loan money
against a budget that has not yet been approved for appropriations that have not
yet been made.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the FY 2010-11 Mid-Year Report be
received and filed; and that the Director of Finance be authorized to amend the
FY 2010-11 budget as outlined in the staffreport dated April 18, 2011 from the
Director of Finance. The motion carried with McCammack voting "no" and
Marquez absent.
14. Request for Civic and Promotional funding for 4th of July Celebration at
Arrowhead Credit Union Park
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that $12,500 in Civic & Promotional funding
be approved to conduct the 2011 4th of July Celebration at Arrowhead Credit
Union Park. The motion carried with McCammack voting "no" and
Marquez absent.
15. RES. 2011-97 - Resolution of the City of San Bernardino ratifying the
submittal of a National Institute of Justice Grant application 'Solving Cold
Case Homicides Using DNA' and authorizing the obligation and expenditure
of the $277,778 grant award.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2011-97 was adopted with Marquez absent.
7
05/02/2011
16. RES. 2011-98 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the FY 2011/2012 ABC Grant
Assistance Program application and authorizing the San Bernardino Police
Department to accept and administer the grant funds upon award by the
Department of Alcoholic Beverage Control (ABC).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-98 was adopted with Marquez absent.
17. Public Hearing - Resolution imposing liens on property located within the
City of San Bernardino for uncollected Business Registration fees
RES. 2011-99 - Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of San Bernardino
for uncollected Business Registration fees.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack noted that some of the properties
are rentals and haven't been rented for over a year. She questioned whether the
City can still charge them for a permit under such circumstance.
City Clerk Clark answered that it was her understanding that it could.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; that the City Clerk
be directed to administratively remove any properties from Exhibit A which
have been paid prior to the hearing; and that said resolution be adopted. The
motion carried and Resolution No. 2011-99 was adopted with Marquez
absent.
18. Public Hearing - Resolution adopting General Plan Amendment No. 10-02
RES. 2011-100 - A Resolution of the Mayor and Common Council of the
City of San Bernardino adopting General Plan Amendment No. 10-02 to
change the land use designation from Office Industrial Park (OIP) to
Commercial General (CG-l), Commercial Office (CO), and Residential
Urban (RU) on approximately 4.5 acres on the west side of Waterman
Avenue, extending from Rialto Avenue to Third Street.
Mayor/Chairman Morris opened the hearing.
8
05/02/2011
Council Member/Commissioner Johnson stated that the property was within 500
feet of his employment so he would abstain to avoid the appearance of a
conflict. He left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner McCammack stated that the applicant is asking
for the land use to be changed to Commercial General for existing and planned
general commercial land uses desired by the property owners that would not be
permitted in the light industrial use district. The staff report also states that the
buildings that were built there were built not for Office Industrial, but for
Commercial while it was an Office Industrial land use. She stated that that
didn't make any sense to her.
Terri Rahhal, City Planner, stated that the existing buildings that are there,
which are General Commercial buildings, predate the Office Industrial Park
land use classification, which was put on this area in 1989.
Ms. McCammack asked why they would change it to a land use that the
buildings that were currently there did not support.
Ms. Rahhal answered that at the time, that entire Waterman Avenue corridor
was rezoned to Office Industrial Park, and this small strip at the northern end of
the district probably wasn't considered specifically.
No public comments were received.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2011-100 was
adopted with Johnson abstaining and Marquez absent.
19. Public Hearing - An Ordinance amending Table 06.01, List of Permitted
Uses, in Chapter 19.06 of the San Bernardino Municipal Code
(Development Code)
An Ordinance of the City of San Bernardino amending Table 06.01, List of
Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code
(Development Code), Commercial Districts, to permit movie theaters of
four or more screens subject to a Conditional Use Permit in the Downtown
Main Street Overlay District. FIRST READING
Note: A copy of the proposed ordinance was not included in the backup
materials.
Mayor/Chairman Morris opened the hearing.
9
05/02/2011
It was noted that staff had requested a continuance of this matter.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of May 16, 2011. The motion carried with Marquez
absent.
20. City Attorney report on Political Reform Act investigations and
prosecutions; policies and procedures followed by the Office on conducting
investigations and prosecutions (Continued from April 18, 2011.)
Mayor/Chairman Morris noted that the City Attorney had submitted a written
report that was contained in the backup materials; therefore, an oral report was
not necessary and no formal action was required to receive and file the City
Attorney's report.
Public Comments:
City Attorney Penman, speaking from the public podium, provided his report
for the listening audience.
Mayor/Chairman Morris declared the report to be received and filed.
21. Reorganization of Print Shop in the Information Technology Department
(Continued from April 18, 2011.)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be tabled. The motion carried
with Marquez absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris, Council Members/Commissioners Brinker,
Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney
Easland; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent:
Council Member/Commissioner Marquez.
Vacant:
Second Ward.
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05/02/2011
R22. Public Hearing - Relocation Plan - Lugo Senior Apartments, LLC (the
"project") (lVDA Redevelopment Project Area) (Continued from April 18,
2011. )
CDC/2011-22 - 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 adopt the Relocation Housing Plan for Lugo
Senior Apartments, LLC and appropriate funds for the implementation of
the Relocation Housing Plan.
The hearing remained open.
Emil Marzullo, Interim Executive Director of the Economic Development
Agency, stated that the project is moving forward and under the law the Agency
is required to do a relocation plan. He stated that the relocation assistance will
be provided in accordance with the standards provided under the State of
California relocation law.
Council Member/Commissioner McCammack asked staff who the principals are
of the Lugo Senior Apartments, LLC.
Carey Jenkins, Director of Housing and Community Development, stated that
the LLC consists of Meta Housing and Western Community Housing, which is
the nonprofit, social service provider that will be the manager of the property
once it comes on line.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. CDC/2011-22
was adopted with Marquez absent.
R23. Public Hearing - Allocations of 2011-2012 Community Development Block
Grant (CDBG) funds; Emergency Shelter Grant (ESG) funds, and Home
Partnership Act (HOME) funds, reallocation of prior years' Community
Development Block Grant (CDBG) funds; and the 2011-12 Action Plan and
Analysis of Impediments to Fair Housing Choice Actions of the Five-Year
Consolidated Plan
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05/02/2011
RES. 2011-101 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the (1) Community Development Citizen's
Advisory Committee ("CDCAC") recommendation of Non-Profit Public
Service Providers except for Time for Change Foundation and Santa Claus,
Inc. and City Projects for the 2011-2012 Community Development Block
Grant ("CDBG") funding; (2) Reallocation of prior years' CDBG Funds;
(3) Emergency Shelter Grant ("ESG") Projects funding except for Time for
Change Foundation; (4) Home Partnership Act ("HOME") Projects
funding; (5) Reallocation of prior years' HOME funds; (6) 2011-2012 Action
Plan and Analysis of Impediments to Fair Housing Choice Actions of the
Five-Year Consolidated Plan; and (7) authorizing the City Manager to
execute and submit Federal Grant applications to the U.S. Department of
Housing and Urban Development ("BUD"), take all necessary actions to
execute Public Service Agreements with approved non-profit agencies and
implement City's CDBG funded projects. (R23A)
RES. 2011-102 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2011-2012 Action Plan as it pertains solely
to the allocation of Community Development Block Grant (CDBG) and
Emergency Shelter Grant (ESG) funds to Time for Change Foundation.
(R23B)
RES. 2011-103 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2011-2012 Action Plan as it pertains solely
to the allocation of Community Development Block Grant (CDBG) to Santa
Claus, Inc. (R23C)
Mayor/Chairman Morris opened the hearing.
Emil Marzullo, Interim Executive Director of the Economic Development
Agency, stated that this action for the 2011-2012 Community Development
Block Grant (CDBG) program basically mirrors what the Agency has done in
the past. He stated that the federal program provides funds to qualified
communities, and San Bernardino is one of those communities.
He stated that the three broad objectives of the program are to primarily benefit
persons who are of low or moderate income, to eliminate slums and blighted
conditions in neighborhoods, and to provide services and programs that meet an
urgent need. Under those three broad categories, the Agency has a number of
different projects and programs that are provided and recommended for
approval by the Mayor and Common Council.
Mr. Marzullo provided an overview of the amounts allocated for 2011-2012 in
CDBG funds, HOME funds, and ESG funds. He stated that for purposes of the
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nonprofit organizations, allocations are based upon the HUD requirement that
the amount cannot exceed 15 percent of the total CDBG grant. He stated that
staff put out a broad solicitation to community nonprofit and community-based
organizations, that could apply for a maximum amount of $15,000 each.
He stated that those applications were then reviewed by staff and determined to
be eligible or ineligible. If eligible, they were then submitted to a citizen's
committee, which the Mayor and Council have essentially created. The
applications were then ranked, graded and recommended for funding or not.
That recommendation was then sent to the Redevelopment Committee, and those
applications are before the Council tonight, as well as the broader programs
relative to the City functions of code enforcement, library improvements, senior
center improvements, mobile home inspection, and street light installation.
Council Member/Commissioner McCammack stated that Neighborhood Housing
Services, which was included on one of the lists, is a business client so she
would have to abstain from voting on Resolution A.
Council Member/Commissioner Brinker stated that his wife has two clients,
Time for Change Foundation and Santa Claus, Inc., and they were going to be
presented separately as Resolutions Band C. He stated that he would
participate in the discussion and vote of Resolution A and then excuse himself
from the meeting.
City Attorney Penman stated that he must abstain because one of the nonprofits
is the Salvation Army Board and his spouse is on that board. Although that is
not a legal conflict, it is the appearance of a conflict so his office has abstained
on this item and Agency Counsel Sabo has reviewed the documents.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Tony Bocanegra, Sinfonia Mexicana, stated they were rejected for CDBG
funds because they were late in submitting their application. He stated that by
rejecting them it affects the community as a whole and asked that the Council
reverse this decision.
Linda Pederson, St. John's Community Success Center, thanked staff for their
support in previous years. She spoke briefly of the youth they serve, stating
that this year they had been recommended to receive $10,000, but would really
like an additional $5,000 if any funds are left over.
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Stephen Howard, Frazee Community Center, stated that due to various reasons
they were late in submitting their application and, therefore, had been denied
any CDBG funding. He requested that the Council reverse this decision, stating
that they would like to receive $15,000.
Roberto Martinez, Boys & Girls Club of Redlands, who runs the Waterman
Gardens location on Alder in San Bernardino, stated that they are looking for
funds for their teen program. They were awarded $10,000, but would like an
increase to $15,000.
Discussion ensued regarding various other funding alternatives for Sinfonia
Mexicana and Frazee Community Center, such as Civic and Promotional
funding, the Fine Arts Commission budget, and possible distribution of funds
that have usually been allocated to Central Lutheran, since they are closing their
doors.
Mayor/Chairman Morris pointed out that both St. John's Community Success
Center and the Boys & Girls Club had been granted $10,000 each, while the
Frazee Community Center and the Sinfonia Mexicana had received no funds.
He suggested that the Council/Commission could allocate an amount that they
agree upon to Frazee and the Sinfonia by reducing every other grant equally to
obtain the funding.
Council Member/Commissioner Brinker stated that if they were going to
consider taking money from all of the organizations recommended to receive
CDBG funding, that would include Time for Change and Santa Claus, Inc.;
therefore, he would have to abstain on item A (he had already declared a
conflict on B and C). Since Ms. McCammack had already declared a conflict
on item A, this would leave less than a quorum to vote on the item.
City Attorney Penman advised that there was a procedure in the Government
Code that if a number of council members abstain due to a conflict and there are
not enough votes left to vote on the item, that the council members with the
conflict draw straws or flip a coin.
Ms. McCammack returned to the Council Chambers and was allowed to make
the call on the coin toss. Mayor/Chairman Morris stated that whoever won the
coin toss would stay and vote. Ms. McCammack called "heads."
Mayor/Chairman Morris flipped the coin, and "tails" won. Ms. McCammack
left the Council Chambers and Mr. Brinker remained to vote.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that Resolution A be adopted with the following
change to the 2011-2012 CDBG allocations: That the allocations for each of the
25 approved organizations be reduced by $500 each for a total of $12,500,
which would be split equally between the Frazee Community Center and the
Sinfonia Mexicana for an allocation of $6,250 each. The motion carried and
Resolution No. 2011-101 was adopted with McCammack abstaining and
Marquez absent.
Ms. McCammack returned to the Council Chambers and Mr. Brinker exited.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said Resolutions Band C, be
adopted. Resolution Nos. 2011-102 and 2011-103 were adopted with Brinker
abstaining and Marquez absent.
R24. RES. CDC/2011-23 - 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 AECOM for Landscape and Lighting
Design Services for Theater Square (Central City North Redevelopment
Project Area).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. CDC/2011-23 was adopted with Marquez absent.
R25. RES. CDC/2011-24 - 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 Vanir Construction Management, Inc., for
Construction Management Services for Theater Square (Central City North
Redevelopment Project Area).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. CDC/2011-24 was adopted with Marquez absent.
R26. Public Hearing - Crossroad Petroleum, Inc. - Disposition and Development
Agreement (Former ARCO AM/PM 542 North Mt. Vernon Avenue)
(Mount Vernon Corridor Redevelopment Project Area)
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05/02/20 II
Resolution of the Mayor and Common Council of the City of San
Bernardino approving and consenting to that certain Disposition and
Development Agreement ("DDA") and Lease Agreement ("Lease") by and
between the Redevelopment Agency of the City of San Bernardino
("Agency") and Crossroad Petroleum, Inc. ("Developer") Mt. Vernon
Corridor Redevelopment Project Area. (R26A)
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 that certain Disposition and Development Agreement ("DDA") and
Lease Agreement ("Lease") by and between the Agency and Crossroad
Petroleum, Inc. ("Developer") Mt. Vernon Corridor Redevelopment
Project Area. (R26B)
Note: No backup materials were distributed.
Staff requested a continuance of this item to the next meeting.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of May 16, 2011. The motion carried with Marquez
absent.
27. Public Comments
Roger Henderson, San Bernardino, CA, stated that 20,000 people had been at
Seccombe Lake Park for a Cinco de Mayo celebration over the weekend, yet
due to the cleanup efforts of the nine park maintenance personnel and many,
many volunteers you would never know that many people had been there
celebrating. He thanked the volunteers and encouraged them to keep
volunteering.
Betty Jean Long, San Bernardino, CA, stated that she is fighting crime in San
Bernardino.
Latrice Johnson, San Bernardino, CA, stated that she had tried to call Code
Enforcement, City management and the Mayor to complain about her rental and
got no help. She asked where she should go to get help-that she is on a fixed
income and needs help. Mayor Morris suggested that she contact Legal Aid.
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05/02/2011
Scott Olson, HigWand, CA, a mobile home resident, spoke regarding rent
control in the City's mobile home parks and the fact that mobile home
management staff are not giving copies of the City's rent control ordinance, as
required, to their residents. He stated that he has contacted the Economic
Development Agency and the City Attorney's office, but no one wants to hear
them.
Amelia Lopez, San Bernardino County Department of Public Health, spoke
regarding alcohol and drug control in the city of San Bernardino.
Linda Pederson, San Bernardino, CA, asked what the City and its employees
are doing that would merit so many lawsuits and what is the solution for the
problem.
Bob Chairez, representing the Inland Empire Latino Art Association, invited
everyone to join them for a reception and art show at the Feldheym Library on
May 14 from 12 noon to 3 p.m.
James Penman, San Bernardino City Attorney, spoke regarding his
responsibility to investigate complaints received by his office. He stated that the
Brown Act requires that public meetings be held in public; however, if the
Mayor or Council can prevent comments the Brown Act is thwarted.
Candace Loya of Congressman Joe Baca's office stated that an Education
Summit sponsored by Congressman Baca would be held from 8 a.m. to 12 noon
on May 17 in Obershaw Hall at California State University San Bernardino.
36. Adjournment
The meeting adjourned at 6:49 p.m. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for I :30 p.m., Monday, May 16,2011.
RACHEL G. CLARK
City Clerk
By:h?~~
Linda E. Hartzel
Deputy City Clerk
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