HomeMy WebLinkAbout03-21-2011 Jt. Reg MtgCITY 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
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 21, 2011
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:46 p.m., Monday, March 21, 2011, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman;
City Manager McNeely; City Clerk Clark.
Absent: None.
Vacant: Second Ward.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Elvia Aguilar v. City of San Bernardino - United States District Court,
Case No. CIVDS 912104;
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03/21/2011
J. A. Allen, et al. V. City of San Bernardino, et al - United States District
Court, Case No. CV09-1388 DDD (JCx);
Monica Ballard v. City of San Bernardino, et al - United States District
Court, Case No. CVIO-02769DMG(AJWx);
Michael Desrochers and Steve Lowes v Ci of San Bernardino, et al -
San Bernardino County Superior Court, Case No. CIVSS 70836;
Edward King, et al. v. City of San Bernardino, et al - United States
District Court, Case No. CV-09-01339-SJO(PJWx);
Judith Little, et al. 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 Ci of San
Bernardino; Officer Roy Diaz, an individual, Officer Serbando Saenz, an
individual, and DOS 1-10, inclusive - United States District Court, Case
No. ED CV 10-00504 VAP (OPx);
Cedric May, et al. v. City of San Bernardino, et al - United States
Distract Court, Case No. CVIO-00978 VAP(DTBx);
Richard "Scott" Moss, et al v City of San Bernardino, et al - United
States District Court, Case No. EDCV 07-01027 SGL (Opx);
Estate of Terry Nash v. City of San Bernardino, et al - United States
District Court, Case No. CV09-08671RGK (FFMx);
San Bernardino City Professional Firefighters v City, et al - San
Bernardino Superior Court, Case No. CIVSS 1102415;
San Bernardino City Professional Firefighters, Local 891, Nathan Lopez
v. City of San Bernardino, et al. - United States District Court, Case No.
CVIO-01773 PSG (DTBx);
Demariae Vinson v. City of San Bernardino, et al - San Bernardino
County Superior Court, Case No. CIVSS 818649;
Zimmon, Garrett v. City of San Bernardino, et al - San Bernardino
County Superior Court, Case No. CIVDS 906555.
03/21/2011
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A -F) of
Government Code Section 54956.9:
Jaime Alvarez, et al. v. City of San Bernardino
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Claim of E. Williams, a minor, et al.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Fire Safety
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following case would be discussed in
closed session:
People of the State of California v. Margaret Sherman, et al. - San
Bernardino Superior Court, Case No. CIVDS 917881 (Hudson Theater case).
Reading of Resolutions and Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
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Moment of Silence
Mayor/Chairman Morris requested a moment of silence in memory of Patricia
Hackleman, Arianthi Coussoulis, Roger Kehew, Jr., Penny Holcomb and Consuelo
Lopez.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Milton Blackburn of Life Changing Ministries.
The pledge of allegiance was led by Madison Rethaford, a second grade student at
Kimbark Elementary School.
2. Appointments
There were no commission appointments.
3. Presentations and Proclamations
Council Member/Commissioner Kelley presented a proclamation to Chaplain Tim
Evans, founder of "The Unforgettables Foundation," a non-profit organization
that assists low-income families in providing dignified burials for their children,
in appreciation of his leadership, dedication and contribution to the citizens of San
Bernardino.
Council Member/Commissioner Marquez presented Certificates of Recognition to
19 volunteers from the Center for Community Action and Environmental Justice
who have been awarded Presidential Volunteer Service Awards for donating over
4,000 hours of volunteer service to the community.
Chief Kilmer joined Mayor Morris in recognizing two police reserve officers,
Reserve Officer Ricardo Bustamante and Reserve Officer Richard Dewberry, who
together have given 81 years of dedicated volunteer service to the Police
Department of the City of San Bernardino. Mayor Morris presented a service pin
award to Officer Bustamante recognizing his 45 years of continuous volunteer
service to the City.
Mayor/Chairman Morris presented a resolution of commendation to Assistant to
the Mayor Peggi Hazlett in appreciation of her 13 years of dedicated service to
the City of San Bernardino, and congratulated her on her new position with
PG&E.
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An
5
The following individuals were presented a service pin award by Mayor/
Chairman Morris in recognition of their many years of dedicated service to the
City:
Name
Rebecca Daugherty
Fulton Lee
Danny Mishodek
Michael Fowler
Barbara Fox
Loretta Harris -Sherrill
Julie Jensen
Joshua Lucas
Sochilt Martinez
Brian Tully
Richard Rodriguez
(Accepted by
Nadeem Majaj)
Announcements
Department
Community Development
Parks, Recreation &
Community Services
Parks, Recreation &
Community Services
Police
Police
Police
Police
Police
Police
Police
Public Works
Years of Service
5
5
10
20
25
15
15
5
5
15
30
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
Waive Full Reading of Resolutions and Ordinances
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission dated March 21, 2011, be waived. The
motion carried unanimously.
6. Council Minutes
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: January
10, 2011; January 20 & 21-23, 2011; January 24, 2011 (Joint Regular); and
January 24, 2011 (Joint Adjourned Special). The motion carried
unanimously.
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03/21/2011
7. Claims and Payroll
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated March 16,
2011, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
8. Personnel Actions
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the personnel actions, as submitted by the
Chief Examiner, dated March 17, 2011, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City of
San Bernardino, be approved and ratified. The motion carried unanimously.
9A. Approval of Professional Services Agreement with Arias & Lockwood for
representation in the case of Jaime Alvarez, et al., v. City of San Bernardino,
et al., and authorization for the cost of the City's defense to be borne by the
Economic Development Agency
RES. 2011-70 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino for
legal services in the case of Jaime Alvarez, et al., v. City of San Bernardino, et
al., to be filed in the San Bernardino Superior Court. (9A -A)
RES. CDC/2011-14 - Resolution of the Community Development Commission
of the City of San Bernardino directing the Economic Development Agency to
pay the attorneys' fees and litigation costs in the defense of the City of San
Bernardino and its current and past employees in the case of Jaime Alvarez,
et al. v. City of San Bernardino, et al., to be filed in the San Bernardino
Superior Court. (9A -B)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2011-70 and Community
Development Commission Resolution No. CDC/2011-14 were adopted with
McCammack voting "no."
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9B. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between
Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal
services in the case of Monica Ballard v. City of San Bernardino, et al., United
States District Court, Case No. CV10-02769DMG(AJWx).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of April 4, 2011. The motion carried with McCammack
voting "no."
9C. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Professional Services Agreement between Arias
& Lockwood and the City of San Bernardino for legal services in the case of
Willie Mason, Sr., v. City of San Bernardino, United States District Court,
Case No. EDCV 10-00504 VAP(OPx).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of April 4, 2011. The motion carried with McCammack
voting "no."
10. RES. 2011-66 - Resolution of the Mayor and Common Council of the City of
San Bernardino amending the annual Statement of Investment Policy for
Fiscal Year 2010/2011 to add Section 8.10 thereto to permit investment in
State of California and municipal bonds, notes or registered warrants.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-66 was adopted unanimously.
11. RES. 2011-67 - Resolution of the City of San Bernardino authorizing the
purchase of a Dell Virtual Server Array for the new public safety Computer
Aided Dispatch/Records Management System (CAD/RMS) from Dell
Computers Inc.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-67 was adopted unanimously.
12. Item deleted.
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13. RES. 2011-71 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Transitional Services
Agreement between the City of San Bernardino and Keith L. Kilmer.
Public Comments:
Joe Ortiz, San Bernardino, CA;
Rich Lawhead, San Bernardino, CA;
Cheryl Brown, San Bernardino, CA;
Jim Smith, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-71 was adopted with McCammack voting "no."
14. Request to approve Agreements with Evans Construction Management
Services for project management of park -related capital improvement
projects
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a Vendor Services Agreement with Evans
Construction Management Services for project management at Speicher
Park, Soccer Complex, Little Mountain Trail, Perris Hill Senior Center and
Blair Park. (14A)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a Vendor Services Agreement with Evans
Construction Management Services for project management at the
Verdemont Community Center. (14B)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing execution of a Vendor Services Agreement with Evans
Construction Management Services for Capital Improvement Projects Nos.
04-14, 09-02, 09-06, 04-31, 07-10, 04-38, 04-34, 04-33, 08-12, 08-01 and
07-04. (14C)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the matter be tabled. The motion carried
with Kelley and McCammack abstaining.
15. RES. 2011-72 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Director of Finance to issue a purchase order
to Phoenix Group Information Services for an amount not to exceed
$60,000.00 for processing parking citations.
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Council Member/Commissioner Kelley asked if staff could look at the program
currently being used at Cal State San Bernardino as a possible partnership
opportunity or joint venture as a cost savings measure.
Lt. King stated that this item is an extension through the end of the fiscal year for
services rendered and then they plan on going to a request for bid and would look
at Cal State's program as well as surrounding city agencies.
Council Member/Commissioner Johnson asked if staff could also look at a
possible partnership with the City of Riverside and/or the County of San
Bernardino.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2011-72 was adopted with McCammack voting "no."
16. RES. 2011-68 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Memorandum of
Understanding regarding security at Patton State Hospital between the City
of San Bernardino and its Police Department, Department of Mental Health
at Patton State Hospital, Hospital Police Department (HPD), Department of
Corrections and Rehabilitation (CDCR).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-68 was adopted unanimously.
17. ORD. MC -1346 - An ordinance of the City of San Bernardino amending
Section 8.24.285 of Chapter 8.24 of the San Bernardino Municipal Code
concerning Self -Haul. FINAL READING (Continued from March 7, 2011)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said ordinance be adopted. Ordinance
No. MC -1346 was adopted unanimously.
18. RES. 2011-73 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and increase
Purchase Order Number 303742 by $75,100 to Consolidated Electrical
Distributors, Inc. for the purchase of additional streetlight electrical wire and
supplies.
Public Comments:
Joe Ortiz, San Bernardino, CA.
9 03/21/2011
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Marquez, that said resolution be adopted.
Resolution No. 2011-73 was adopted unanimously.
19. RES. 2011-69 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order in the amount of $61,000 with four one-year extensions at the
City's option to C & W Construction Specialties, Inc. for guardrail
replacement services.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-69 was adopted unanimously.
20. RES. 2011-74 - Resolution of the City of San Bernardino approving
Amendment No. 5 to Agreement for Professional Services with Transtech
Engineers, Inc. to provide program management services for the Santa Fe
Depot Parking Structure (GB04-19).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2011-74 was adopted unanimously.
21. Item deleted.
22. Request for increase in City Attorney's Office Budget for outside counsel and
litigation expenses
Note: This item was included in the discussion of Agenda Item No. 28. No
action was taken.
23. Approval of the Community Development Department public counter
improvements
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the following actions be taken:
a) Delete one Senior Administrative Assistant position, Range 1400, $3,264-
$3,967/month; b) Reclassify two Customer Service Representative positions,
Range 1350, $2,543-$3,092/month to two Development Services Technicians,
Range 1410, $3,431-$4,170/month; c) Authorize two part-time Office Assistant
positions, Range 1330, $2,302-$2,798/month; and d) Transfer funding and
10 03/21/2011
positions from the Fire Department to Community Development for two Code
Enforcement Officer II positions. The motion carried unanimously.
24. RES. 2011-75 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of an application for a Selective
Traffic Enforcement Program (STEP) Grant from the State of California
Office of Traffic Safety (OTS) in the amount of $307,585 and authorizing the
Police Department to accept and administer the grant.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-75 was adopted unanimously.
25. Rejection of all proposals related to RFP FM 11-01 pursuant to Section
3.04.070(E) of the Municipal Code for a full service parking meter solution in
the Courthouse District of the City of San Bernardino
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that all proposals related to RFP FM 11-1 be
rejected. The motion carried unanimously.
26. Public Hearing - An ordinance to amend Chapter 19.22 of the Development
Code to provide for electronic message center signage for the Uptown
Redevelopment Project Area and a request for a conditional use permit to
construct a 1,078 sq. ft. freeway -oriented electronic message center sign, 75
ft. in height, at the southeast corner of 3" and "I" Streets. (DCA 10-02; CUP
10-09) (Continued from January 24, 2011)
An ordinance of the City of San Bernardino amending Chapter 19.22, Sign
Regulations, Section 19.22.080(7)(A) of the San Bernardino Municipal Code
(Development Code) to provide for approval of an electronic message center
sign for the Uptown Redevelopment Project Area. FIRST READING
Submitted into the record was an Interoffice Memorandum addressed to the
Mayor and Common Council from Terri Rahhal, City Planner, dated March 21,
2011, entitled "Findings for Agenda Item 26."
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because she owns property in the Uptown Redevelopment Project
Area. She left the Council Chambers and returned after the vote was taken.
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that the motion on
the agenda was incorrect and that the recommended motion and an alternative
11 03/21/2011
motion were listed on page 3 of the staff report. Ms. Wheeler stated that
additional findings of fact for denial had been delivered to the Council if their
intent was to deny the project, and if it was their intent to approve the project, the
findings were included in the Planning Commission staff report.
Ms. Wheeler provided highlights of the staff report. She stated that staff's
recommendation was for approval, but the Planning Commission had
recommended denial.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; that said ordinance be
laid over for final adoption; and that Conditional Use Permit No. 10-09 be
approved based on the Findings of Fact and subject to the Conditions of Approval
and Standard Requirements in the Planning Commission staff report. The vote
was taken following further discussion.
Council Member/Commissioner Brinker stated that he was supportive of these
types of signs, but at a certain point they would need to start limiting them.
Council Member/Commissioner Marquez asked who would be responsible for
monitoring the content on the sign.
Margo Wheeler stated that the content of any signage is not monitored by the
City; however, in this case there was a private licensing agreement that may
address message content, times for public service announcements, and potential
revenue sharing.
Council Member/Commissioner Shorett stated that he had a concern with a
similar type of sign that was approved through the Planning Department that was
being erected on the I-10 Freeway near the Hilton. He stated that this sign was
going to be very visible and he wanted to make sure that the landscaping and any
fencing would be done in an appropriate and attractive manner.
Council Member/Commissioner Johnson stated that he would like to see a color
rendering of the sign and he would also like to see a map showing the location of
all the signs.
Margo Wheeler stated that staff was working with GIS to ensure that they have
the mapping that would show where other similar signs are located.
Council Member/Commissioner Johnson asked if the signs had to be a certain
distance from each other.
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Terri Rahhal, City Planner, stated that the minimum spacing distance required by
Code is 1,000 feet. She stated that the Arrowhead Credit Union sign is about
one-half mile away.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Larry Quiel, Quiel Bros. Sign Company, San Bernardino, CA, submitted a
document into the record entitled "Redevelopment Committee Agenda Item,
Policy Pertaining to Freeway Visible Electronic Message Signs that Require the
Consent of the Redevelopment Agency."
Mr. Quiel noted that page 4 contained a list of all the signs the Redevelopment
Agency was evaluating and he pointed out that three of the signs were allowed to
advertise Redevelopment area projects, which means they can advertise
businesses other than their own in the particular Redevelopment area in which
they are located. He stated that the Arrowhead Credit Union sign is unique
because not only can it advertise businesses within the Redevelopment area, it can
also advertise businesses within the stadium.
Mr. Quiel stated that the locations of the proposed signs were shown on the map
on page 5 and the sign being discussed was No. 6 on the map. He pointed out
that it is the only sign being proposed to be located on the west side of the
freeway, which would allow that sign to advertise businesses on the west side of
the freeway. The Arrowhead Credit Union sign is on the east side of the freeway
so it cannot advertise businesses on the west side. The signs on Hospitality Lane,
on the north side of the I-10 Freeway, can advertise businesses on the south side
of the I-10 Freeway. However, on page 6, the Loma Linda University sign was
approved by the Planning Commission in February and this particular sign does
not say anything about San Bernardino, but it can advertise businesses in San
Bernardino and it is located on the I-10 Freeway near Hunts Lane. He stated that
he is puzzled as to why this sign was approved and questioned why the proposed
project on the west side has not been given the opportunity to do a similar type
business.
Mr. Quiel stated that this is a great opportunity for this community because the
owner is providing his own funds for this project and they should not have any
problems taking care of the property.
In response to Mr. Shorett's question, he stated that the Arrowhead Credit Union
sign is scheduled for landscaping; however, they have requested that they be
allowed to wait until after all the freeway improvements have been completed.
13 03/21/2011
In closing, Mr. Quiel stated that these signs also offer an opportunity to advertise
activities in the community, which is part of the license agreement. The City will
get a share of the revenue off the sign, it will bring tax dollars into the
community, and there's a development on the property that brings tax dollars into
the community, so it's a win-win situation for everyone.
Cheryl Brown, San Bernardino, CA, stated that when she went to Detroit she
noticed that they have a McDonald's sign, which is the first McDonald's sign.
She stated that it should have said San Bernardino on it because the only thing
that connects it back to San Bernardino is that it says it's a Quiel Bros. sign.
The motion made by Council Member/Commissioner Kelley, seconded by
Council Member/Commissioner Brinker, that the hearing be closed; that said
ordinance be laid over for final adoption; and that Conditional Use Permit No.
10-09 be approved based on the Findings of Fact and subject to the Conditions of
Approval and Standard Requirements in the Planning Commission staff report
carried with McCammack abstaining.
27. RES. 2011-76 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to approve a Facility Lease
Agreement between the City of San Bernardino and Project Fighting Chance
to provide community and youth services at Perris Hill Community Center
(previously a Special Place Children's Museum). (Continued from March 7,
2011)
Council Member/Commissioner Johnson stated that in order to avoid the
appearance of a conflict he would be abstaining on this item because the
organization that applied for this, Faith In God Heals Troubled Souls (FIGHTS),
operates out of Ecclesia Christian Fellowship. He left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-76 was adopted with Johnson abstaining.
28. Request for increase in City Attorney's Office (CAO) budget for outside
counsel and litigation expenses (Note: Includes discussion regarding Agenda
Item No. 22.)
City Attorney Penman provided background information relative to this item.
Barbara Pachon, Director of Finance, discussed and submitted into the record a
PowerPoint presentation entitled, "Analysis of City Attorney Budget, City of San
14 03/21/2011
Bernardino, Fiscal Year 2010-11," by Charles E. McNeely, City Manager, dated
March 21, 2011.
A lengthy discussion ensued.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the City Manager's recommendations be
approved as follows: 1) Authorize the Director of Finance to make all payments
submitted from the City Attorney's Office for FY 2010/11; 2) After the City
Attorney Office's current budget appropriation is expended, the General Fund, on
behalf of the City Attorney's Office, will take out a loan up to $410,000; and
3) A budget reduction will come from the City Attorney Office's FY 2011/12
budget to repay the loan. The vote was taken following further discussion.
Public Comments:
Joe Ortiz, San Bernardino, CA (spoke regarding Agenda Item Nos. 22 and 28);
Paul Sanborn, San Bernardino, CA;
Cheryl Brown, San Bernardino, CA, read and submitted into the record a letter
she had written to the San Bernardino City Council dated March 15, 2011.
Council Member/Commissioner McCammack made a substitute motion that the
City Manager also be directed to borrow enough money for all other departments
that are overspent in their FY 2010/11 budgets. The motion died due to lack of
a second.
The motion made by Council Member/Commissioner Shorett, seconded by
Council Member/Commissioner Brinker, that the City Manager's
recommendations be approved as follows: 1) Authorize the Director of Finance
to make all payments submitted from the City Attorney's Office for FY 2010/11;
2) After the City Attorney Office's current budget appropriation is expended, the
General Fund, on behalf of the City Attorney's Office, will take out a loan up to
$410,000; and 3) A budget reduction will come from the City Attorney Office's
FY 2011/12 budget to repay the loan carried with Kelley and McCammack
voting "no."
29. Election of Mayor Pro -Tempore
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the Common Council elect Council
Member Fred Shorett to serve as Mayor Pro -Tempore until March 19, 2012.
The motion carried with McCammack voting "no."
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COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; Assistant City Attorney
Easland; Economic Development Agency Interim Executive Director
Marzullo and Special Counsel Sabo; City Clerk Clark.
Absent: None.
Vacant: Second Ward.
R30. Discuss and take action to appoint Commission members to the Board of
Directors of the San Bernardino Economic Development Corporation
Mayor/Chairman Morris announced that the item had already been addressed at a
special meeting held on March 17, 2011.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be tabled. The motion carried
with McCammack abstaining and Marquez absent.
R31. RES. CDC/2011-15 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Contract Employment Agreement by
and between the Agency and Samuel K. Hughes to provide Neighborhood
Stabilization Program and other affordable housing professional services to
the Agency.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2011-15 was adopted unanimously.
R32. RES. CDC/2011-16 - Resolution of the Community Development Commission
of the City of San Bernardino approving the Preliminary Plan for the
Merged, Amended and Restated Redevelopment Plan for the proposed San
Bernardino Merged Redevelopment Project Area B (State College, Central
City West, Northwest, Uptown, Mount Vernon Corridor, 40'' Street).
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because she owns property in the Uptown Redevelopment Project
Area. She left the Council Chambers and returned after the vote was taken.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2011-16 was adopted with Kelley voting "no" and McCammack
abstaining.
R33. CDC/2011-17 - Resolution of the Community Development Commission of
the City of San Bernardino approving and authorizing the Interim Executive
Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute Amendment No. 1 to the Agreement for Professional
Services by and between the Agency and The Fransen Company, for
Commercial/Retail and Marketing/Siting Advisory Services for the
Downtown Core Vision and Action Plan Area and Business
Retention/Expansion/Attraction and Job Creation Program.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
CDC/2011-17 was adopted with McCammack voting "no."
R34. California Housing Foundation, Inc., a non-profit 501(c)(3) organization -
Amendment No. 2 to the 2008 Low and Moderate Income Housing Funds
Loan and Grant Property Acquisition Agreement
RES. CDC/2011-18 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Amendment No. 2 to the 2008 Low and
Moderate Income Housing Funds Loan and Grant Property Acquisition
Agreement by and between the Agency and California Housing Foundation,
Inc.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
CDC/2011-18 was adopted with Johnson absent.
R35. Amendment No. 1 to the 2009 Affordable Senior Citizen Rental Housing Low
and Moderate Income Housing Funds Grant Disposition and Development
Agreement for additional off-site improvement costs
17 03/21/2011
RES. CDC/2011-19 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Amendment No. 1 to the 2009 Affordable
Senior Citizen Rental Housing Low and Moderate Income Housing Funds
Grant Disposition and Development Agreement by and between the Agency
and TELACU Housing - San Bernardino V, Inc., ("Developer") (Central
City North Redevelopment Project Area).
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2011-19 was adopted with McCammack absent.
R36. RES. CDC/2011-20 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute an Agreement for Professional Services by
and between the Agency and Ludwig Engineering, Inc., for architectural and
engineering design services for Theater Square (Central City North
Redevelopment Project Area).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
CDC/2011-20 was adopted with McCammack absent.
37. Public Comments
Carmen Dominguez Nevarez, San Bernardino, CA, submitted into the record a
letter addressed to the Honorable Mayor; City Council, & attendees dated March
21, 2011, requesting that the house at 2966 Park Avenue be designated as one of
the "200 Historic Sites for 200 Years" and marked with a commemorative plaque
as being the home where the first initial meeting of the Community Service
Organization (CSO) was held with Cesar Chavez.
Al Palazzo, Rialto, CA, spoke in support of Ms. Nevarez' request.
Joe Ortiz, San Bernardino, CA, spoke about Measure C and the City Attorney's
budget.
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Paul Sanborn, San Bernardino, CA, announced that Community Emergency
Response Team (CERT) training classes were being provided free of charge and
that anyone interested in taking the 3 -day class should call Manuel Sedano at 909-
384-5388 or 909-499-9664.
Bob Chairez, San Bernardino, CA, announced that the Inland Empire Latino Art
Association would be having an art exhibit on May 14, 2011, at the Feldheym
Library at 12 p.m. He stated that they are seeking to recruit new members to
their organization and interested persons could call him at 909-887-3664 or Rudy
Ramirez at 909-825-7363.
Jim Penman, San Bernardino, CA, explained his role as City Attorney and stated
that he has not yet made a decision as to whether he is going to seek re-election.
Charles Greenwood, San Bernardino, CA, spoke in response to the comments
that had been made by Ms. Nevarez and Mr. Palazzo. He stated that young
people need to know the history of the City of San Bernardino.
Jim Smith, San Bernardino, CA, stated that as a member of the Historical
Preservation Commission he would make sure that the matter brought forward by
Ms. Nevarez is placed on the Commission's April agenda. He stated that he was
sad to hear the news of Penny Holcomb's passing, but was thrilled to hear that
the school board is going to be naming a school after former Mayor W.R. "Bob"
Holcomb.
38. Adjournment
At 10:03 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1:30 p.m., Monday, April 4, 2011.
RACHEL G. CLARK
City Clerk
B ,
Y
Linda Sutherland
Deputy City Clerk
19 03/21/2011