HomeMy WebLinkAbout08-15-2011 Jt. Adj MinutesCITY OF SAN BERNARDINO
300 N. `D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Robert D. Jenkins
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
AUGUST 15, 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 1:38 p.m., Monday, August 15, 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,
Jenkins, Brinker, Shorett, Johnson, McCammack; City Attorney Penman;
City Manager McNeely; Assistant City Clerk Ochiqui.
Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley arrived at 1:44 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Edward King & Aja Jaeger v. City of San Bernardino, et al. - United
States District Court, Case No. 09-01339;
08/15/2011
Estate of Terry Nash, et al. v. City of San Bernardino, et al. - United
States District Court, Case No. CA-09-08671-RGK,-
Mekione Samatua, et al. v. City of San Bernardino - San Bernardino
Superior Court, Case No. CIVDA 917832.
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:
American Traffic Solutions v. City
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:
Fire Safety
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.
Reading of Resolutions and 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
Mayor/Chairman Morris requested a moment of silence in honor and in memory of Mike
Lozano.
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Invocation/Pledge of Allegiance
The invocation was given by Reverend Sangman Shin from Del Rosa United Methodist
Church. The pledge of allegiance was led by Art Frias, a fifth grade student at Rio Vista
Elementary School.
2. Appointments - Council Member Jenkins
• John M. Matley - Measure `Z' Citizen's Oversight Committee
Deborah Sterner Matley - Community Development Citizen Advisory
Committee
• Oscar C. Gonzalez - Board of Building Commissioners
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the appointments of John M. Matley,
Deborah Sterner Matley and Oscar C. Gonzalez, as requested by Council
Member Jenkins, be approved. The motion carried unanimously.
3. Presentations and Proclamations
Council Member/Commissioner Jenkins presented a certificate of commendation
to Shirley Gonzalez for allowing her husband to donate so much of his time to the
City, and announced that they recently celebrated their 50' wedding anniversary.
City Manager McNeely introduced Andrea Travis -Miller, Assistant City
Manager, and Debbie Okogba, Project Manager, who presented an update of the
September 10' City Pride — City -Wide Beautification Project.
Council Member/Commissioner Kelley presented certificates of commendation to
the members of the Newmark Little League All-Star Team, its manager, team
mom, and coaches, for winning the District 43 Title.
Council Member/Commissioner Johnson presented the Citizen of the Month
Award to Carlos Teran, President of the Mt. Vernon Neighborhood Cluster
Association; Reverend Bronica Martindale, President of the California
Neighborhood Association; and Charle Jacobs, President of the Terrace West
Neighborhood Cluster Association, in recognition of their untiring devotion to the
City of San Bernardino.
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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 Department Years of Service
Steve De Vore Fire 5
Daniel Alvarez Police 30
Francisco Villalobos Public Works 25
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.
Waive Full Reading of Resolutions and Ordinances
Council Member/Commissioner Johnson 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 August 15, 2011, be waived. The
motion carried unanimously.
Claims and Payroll
Council Member/Commissioner Johnson 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 August 9,
2011, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the personnel actions, as submitted by the
Chief Examiner, dated August 11, 2011, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City of
San Bernardino, be approved and ratified. The motion carried unanimously.
8. RES. 2011-242 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a retainer agreement between
Colantuono & Levin, PC and the City of San Bernardino for legal services in
the case Sipple et al. v. City of Alameda et al. Los Angeles County Superior
Court Case Number BC462270.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-242 was adopted unanimously.
9. RES. 2011-243 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving Amendment No. 3 to the Consultant Services
Agreement with the Counseling Team International to provide employee
assistance services to City employees.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-243 was adopted unanimously.
10. RES. 2011-245 - Resolution of the Mayor and Common Council authorizing
the ratification and execution of an agreement between the City of San
Bernardino and Little League Baseball and Softball, Inc., for $50,326 in
financial assistance from the Civic and Promotional Fund and rescinding
Resolution No. 2011-239.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; that the direct
funding in the amount of $5,000 be approved; that indirect funding in the amount
of $45,326 be transferred from the FY 2011/12 Civic and Promotion Fund to
various City departmental accounts as listed in the staff report from the Director
of Parks, Recreation and Community Services, dated August 8, 2011; and that a
waiver of fees and use of City personnel and equipment be authorized to assist in
the 2011 Western Regional Little League baseball and softball tournaments. The
motion carried and Resolution No. 2011-245 was adopted unanimously.
11. Authorize the Director of Public Works to execute Contract Change Order
No. 3 with Bomel Construction Co., Inc. for the Metrolink Parking Structure
at the Santa Fe Depot (GB 04-19), per Plan Nos. 12591, 12328, 12336, 12337,
12327, and 12348
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the Director of Public Works be authorized
to execute Contract Change Order No. 3 with Bomel Construction Co., Inc. for
the Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Plan Nos.
12591, 12328, 12336, 12337, 12327, and 12348. The motion carried
unanimously.
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12. Authorize the Director of Public Works to execute Contract Change Order
No. 2 with Hillcrest Contracting, Inc. for the Victoria Avenue Street
Improvement and Beautification Project, Phase II, per Plan No. 12321 (SS05-
25)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the Director of Public Works be authorized
to execute Contract Change Order No. 2 with Hillcrest Contracting, Inc., for the
Victoria Avenue Street Improvement and Beautification Project, Phase II, per
Plan No. 12321 (SS05-25). The motion carried unanimously.
13. RES. 2011-246 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution... designating certain
streets, or portions thereof as through highways..." and establishing a two-
way stop at the intersection of Genevieve Street and Thirty -First Street.
Public Comments:
Paul Sanborn, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2011-246 was adopted unanimously.
14. RES. 2011-244 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Grant of Easement to Southern California Edison
Company across a portion of City owned property located at 2121 N. Medical
Center Drive, known as Fire Station No. 223 (APN 0143-012-44).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-244 was adopted unanimously.
15. Authorization to proceed and approval of Plan No. 12798 - Proposed street
vacation of a portion of Spruce Street between Mt. Vernon Avenue and a
north -south alley approximately 150 feet west of Mt. Vernon Avenue
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the Director of Public Works and the City
Clerk be authorized to proceed with the proposed street vacation of a portion of
Spruce Street between Mt. Vernon Avenue and a north -south alley approximately
150 feet west of Mt. Vernon Avenue; and that Plan No. 12798 showing the
proposed street vacation of a portion of Spruce Street between Mt. Vernon
Avenue and a north -south alley approximately 150 feet west of Mt. Vernon
Avenue, be approved. The motion carried unanimously.
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16. Public Hearing - Amendment to Development Agreement No. 91-01 between
the City of San Bernardino and the developer of the Inland Center Mall
(Continued from July 18, 2011)
A resolution of the Mayor and Common Council of the City of San
Bernardino approving first amendment to Development Agreement No. 91-01
between the City of San Bernardino and the developer of the Inland Center
Mall, located at 500 South Inland Center Drive.
The hearing remained open.
Staff requested a two-week continuance.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the matter be continued to the Council/
Commission meeting of September 6, 2011. The motion carried unanimously.
17. Public Hearing - A request to change the General Plan land use designation
from PFC, Public Flood Control, to CG -1, Commercial General, on 9.7 acres
located approximately 40 feet northwest of the intersection of Baseline and
California Streets (GPA No. 11-02)
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that both Planning
Division staff and the Planning Commission recommended denial of the subject
application. She stated that the location of the site has limited access to Baseline
Street and its primary access is State Street to the north. The property abuts
residential properties to the northeast of the subject site and the request is to
change the land use designation from flood control to general commercial, which
would allow a great number of commercial uses on the subject property.
Pursuant to Resolution No. 2000-279, Assistant City Clerk Ochiqui administered
an oath to the following individual that he would provide true and honest
testimony.
Bruce Cash, United Strategies, Inc., speaking on behalf of the property owner,
BBC Properties, LLC, stated that they were adamantly opposed to the
recommendation of the Planning Commission. He stated that their clients have
owned this property for decades. They have gone through due process to
understand what the opportunities are on this piece of challenged real estate, and
they believe the proposal they presented to the Design and Environmental Review
Committee (DERC) in 2009, is appropriate.
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Mr. Cash stated that if someone were to look at the transcript of that DERC
meeting, they were very clear that their client intended to proceed to construct
self storage facilities on the land. During that meeting in 2009 they discussed the
merits of their project with members of senior staff. The issue of State Street,
which is mentioned in the staff report, came up during the last 60 seconds of that
DERC hearing, and the indication at that time was that the City of San
Bernardino may have been considering this proposed alignment as one alternative
for the future extension of State Street. There was no timeline provided then, and
there is none today. There was no appropriation of dollars to go forward with
that project back in 2009, and upon the recommendation and support of the
DERC, they offered up two proposals: 1) to develop a portion of the property;
and 2) to develop the entire property, and they provided very clear indication of
the likely screening between their proposed commercial activities and the
residential properties located adjacent to the site.
Mr. Cash stated that there is no ambiguity with the Planning staff or the Planning
Commission that this is the highest and best use for the property. He stated that
he took issue with the statement in the staff report that somehow they were well
informed about the plans for State Street going forward—it was a comment in
passing. Also, the exhibit that was subsequently provided to them was nothing
more than an initial rendering of what might be a potential alignment of State
Street at some point in the future. Following that DERC meeting, numerous
discussions were held with City officials and, to date, they still have not seen a
published timeline on the proposed extension of State Street. They have not seen
or read of any appropriation of funds in order to move forward. There has been
no dialog with their client with respect to the interest in this property or the taking
or right-of-way acquisition that would be necessary to go forward.
Mr. Cash stated that as a result of the DERC meeting back in 2009, they were
directed to prepare a conceptual plan and outline the steps necessary to take the
project forward. They did so, and they believe the request before the Planning
Commission was indeed prudent. They were asking for a zone change first as
they continue to evaluate an ever-changing marketplace and what the needs may
be at this location for a self -storage facility. Nevertheless, their clients are
committed to this particular use and they have been directed to move forward and
they have gone through the proper pre -application process in complete
cooperation with City staff in order to bring this matter before the Planning
Commission.
He reminded the Mayor and Council that most of the issues raised in staff's
recommendation to the Planning Commission were nonsensical and each and
every one of those issues were addressed at the Planning Commission meeting,
and the only issue was the fact that they believed the site may be the alignment
for the future extension of State Street. Mr. Cash stated that they have no idea
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what the City's plans are with respect to State Street, and after talking with City
staff, they still don't know. He stated that it is his opinion and the opinion of his
client that they could go forward, construct this facility, contribute to the local
economy, and this facility could operate for 25 years unabated at this location
given what they know today about the proposed extension of State Street. He
stated that they take great exception to the preemptive action on the part of the
Planning Commission to condemn their property and not allow them to move
forward in a logical manner as they have sought to do since early 2009, and he
requested that the Mayor and Council overturn the recommendation of the
Planning Commission.
Council Member/Commissioner Marquez asked what kind of community outreach
had been done.
Mr. Cash stated that they have had some preliminary meetings with membership
groups in the area. Their presentation is conceptual—they are only asking for a
land use change. They have not submitted plans to move to construction or
development of the site, but the community has been positive and he believes that
what they are advocating to construct will actually enhance the area and will bring
30-40 jobs to the Baseline Corridor.
Council Member/Commissioner McCammack asked Mr. Cash how long his client
has owned the property.
Mr. Cash stated that his clients have owned the property for about 60 years. A
portion of the property was deeded over and an easement provided to County
Flood Control several years ago; however, they have purchased most of that
property back from the County as part of their land assemblage pursuant to the
meeting with the DERC in 2009.
Council Member/Commissioner McCammack asked if anyone had mentioned the
extension of State Street at the DERC meeting in 2009.
Mr. Cash stated that in the last 60 seconds of that meeting they were pointed to an
obscure exhibit on the board which was a very preliminary document. He stated
that subsequently they were able to obtain a copy of that document and they have
been very astute about moving forward and meeting with City officials to
understand the timing, appropriation, acquisition of right-of-way, and other
obvious constraints that the City might face if this alignment were prudent. He
stated that they have concluded that the constraints are significant for the City
based on what they want to do in the proposed extension of State Street, not
necessarily as it relates to this segment, but in the project overall. So, depending
on how it is phased, and depending on how the money is appropriated, it may be
some time before this roadway could move forward and he believes that measure
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of time denies them the economic opportunity that his clients should enjoy given
the time they've owned this property, the investment they've made in this
property, and the contribution the proposed project will have, not only on that
site, but for the corridor as a whole.
Council Member/Commissioner Brinker asked if a traffic study had been
prepared as this is a difficult intersection and numerous accidents have occurred
there.
Ms. Wheeler stated that this item is only the General Plan Amendment. This
property has been designated for Open Space or Public Flood Control since the
incorporation of the City. The application before the Council is only for the land
use change; there is no project, so the analysis of this project entails looking at
the land use of this site and whether or not it's appropriate for Commercial
General. Because there is no project, there has been no traffic study. They do
not have the ability to analyze access to the site or its design because that project
is not before the Council. It is only whether or not the Council believes that the
change from Public Flood Control to Commercial General would be appropriate
on this piece of land at this time.
Ms. Wheeler stated that the staff report and the findings reference the creation of
an isolated island of CG -1. She stated that staff attempts to ensure that there are
larger areas of land use rather than a single isolated parcel, which this would be
as there is no other commercial property in this area. Ms. Wheeler stated that
this site does not have good access and it immediately abuts homes along the
northeast side. She added that at no time did staff indicate that commercial was
the highest and best use of this property.
Henry Empeiio, Senior Deputy City Attorney, stated that if the Council was
considering approval of this General Plan Amendment, an initial study and
several environmental studies would have to be performed and supplied including
one analyzing the impact to a potential San Bernardino Kangaroo Rat Habitat. He
stated that the staff report contained an alternative motion which outlined the
potential for bringing the matter back to the Council after environmental
compliance.
Pursuant to Resolution No. 2000-279, Assistant City Clerk Ochiqui administered
an oath to the following individual that he would provide true and honest
testimony.
Tom Mitchell, commercial real estate agent representing the property owner on
the northeast corner of Baseline, stated that they object to the current proposal as
presented because without State Street there would be increased traffic on
California and Baseline. He stated that they do not object to the proposed use of
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the property and he concurred that the highest and best possible use for that area
is a public storage facility. He stated that based on the configuration of the lot,
nobody would want to build a retail center there; however, if a secure public
storage is built there, that would eliminate a lot of the gang activity in that area.
Robert Eisenbeisz, City Engineer, stated that studies are proceeding for the State
Street extension project and that does involve three alternatives for alignment and
they are consulting with the U.S. Fish and Wildlife Service regarding the San
Bernardino K -Rat habitat issue.
Council Member/Commissioner Jenkins made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that staff be
directed to require further studies as needed to support a recommendation for
approval of the General Plan Amendment. The motion carried unanimously.
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Master Services Memorandum of
Understanding with the Water Department for provision of City services for
Fiscal Year 2010/2011. (Continued from August 1, 2011)
Staff requested that the item be continued to September 6, 2011.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of September 6, 2011. The motion carried
unanimously.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of agreements and issuance of annual purchase
orders to All-star Fire Equipment in the amount of $60,000 and Fisher
Scientific Company L.L.C. in the amount of $10,000 for replacement of
protective clothing and equipment for structural firefighting. (Continued from
August 1, 2011)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack made a
Council Member/Commissioner Kelley, that the matter
Council/Commission meeting of September 6, 2011.
unanimously.
motion, seconded by
be continued to the
The motion carried
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20. Designation of Voting Delegate and Alternate Voting Delegates for the
League of California Cities Annual Conference to be held September 21-23,
2011, in San Francisco, California
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that Council Member Kelley be designated as the
City of San Bernardino's voting delegate and Council Member McCammack be
designated as the alternate voting delegate for the League of California Cities
Annual Conference to be held September 21-23, 2011, in San Francisco,
California. The motion carried unanimously.
21. Receive and file the Full Cost Allocation Plan Report and the Right of Way
Study and authorize Finance to begin implementation
Barbara Pachon, Director of Finance, stated that the Cost Allocation Plan was
compiled based on the best available data and methodology. She stated that it is a
living document that will be brought back and updated every year as the City's
costs and information from the user departments becomes more refined.
Gary Goelitz, Vice -President of Matrix Consulting Group, made a PowerPoint
presentation to the Mayor and Council.
Council Member/Commissioner McCammack stated that she was very concerned
about the memo in the backup from Stacey Aldstadt dated August 10, 2011,
wherein she indicated that the implementation of the Cost Allocation Plan is
contrary to Proposition 218. Mrs. McCammack stated that she could receive and
file the document, but she could not authorize the Finance Director to begin
implementation without resolving the issues brought forward by Ms. Aldstadt.
City Manager McNeely stated that a meeting was held after Ms. Aldstadt's memo
was issued and he understood that all the Proposition 218 issues had been
resolved.
Discussion ensued and the consensus of the Council was to continue the matter
for three weeks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
receive and file the Full Cost Allocation Plan and Right of Way Study; and that
the matter be continued to the Council/Commission meeting of September 6,
2011, in order to resolve issues brought forward by Stacey Aldstadt, General
Manager, Water Department. The motion carried unanimously.
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22. Request additional funding for the City Attorney Office for FY 2010/11
Barbara Pachon, Director of Finance, stated that budget authorization was
necessary to process additional bills for lawsuits that had been approved for the
City Attorney's Office.
Public Comments:
Joe Ortiz, San Bernardino, CA.
David McKenna, San Bernardino, CA.
Barbara Babcock, San Bernardino, CA.
Council Member/Commissioner McCammack asked what happens to the bills for
contracts that are approved by Council action prior to the end of the fiscal year.
Ms. Pachon stated that any bill that comes in that is for services through June 30
would be processed and paid if she had budget authority to pay them.
Council Member/Commissioner McCammack requested that the Council be
provided with a document that shows where Council action has been required to
pay bills that were incurred and contracted through Council action in the previous
fiscal year. She asked to see the Council actions for all the departments that have
overspent their budgets for the last ten years.
Discussion ensued regarding the City Attorney's budget, the number of cases
being handled by the City Attorney's Office, the duties currently being performed
by the attorneys, the duplicative services being performed by the attorney
investigators, the budget for outside attorneys, and political corruption.
Ms. Pachon stated that currently the Council approved a loan up to $410,000, and
in order to go over that loan, she needed direction from the Council. She
clarified that it is not common practice for departments to go over their budgets.
Council Member/Commissioner Johnson made a motion (Motion 1 on Agenda),
seconded by Council Member/Commissioner Brinker, that the Director of
Finance be authorized to amend the FY 2010/11 City Attorney Office budget by
appropriating an additional $197,000 from the General Fund budget reserve and
authorize a corresponding budget reduction to the FY 2011/12 City Attorney
Office budget in the amount of $197,000 in order to repay the General Fund
budget reserve. The vote was taken following further discussion.
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Council Member/Commissioner Jenkins made a substitute motion (Motion A on
Request for Council Action), seconded by Council Member/Commissioner
Kelley, that the Director of Finance amend the FY 2010-11 City Attorney Office
budget by appropriating an additional $197,000, plus an additional $100,000 from
the General Fund Administrative Civil Penalties budget reserve. The motion
failed with Marquez, Brinker, Shorett and Johnson voting "no."
The original motion (Motion 1 on Agenda) made by Council Member/
Commissioner Johnson, seconded by Council Member/Commissioner Brinker,
that the Director of Finance be authorized to amend the FY 2010/11 City
Attorney Office budget by appropriating an additional $197,000 from the General
Fund budget reserve and authorize a corresponding budget reduction to the FY
2011/12 City Attorney Office budget in the amount of $197,000 in order to repay
the General Fund budget reserve carried with Kelley and McCammack voting
"no" and Jenkins abstaining.
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Deputy
City Attorney Easland; Economic Development Agency Interim Executive
Director Marzullo and Agency Counsel Sabo; Assistant City Clerk
Ochiqui.
Absent: None
R23. Amendment No. 1 to the 2006 San Bernardino Valley Enterprise Zone
("SBVEZ") Memorandum of Understanding
RES. 2011-247 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the execution of Amendment
No. 1 to the 2006 San Bernardino Valley Enterprise Zone ("SBVEZ")
Memorandum of Understanding by and among the City of Colton, the City
of San Bernardino ("City"), the County of San Bernardino ("County") and
the Inland Valley Development Agency ("IVDA") (All Redevelopment Project
Areas).
Council Member/Commissioner Brinker requested a presentation be made to the
Mayor and Council about the Business Development Center within the next
month to update them on the jobs that have been created and how the City has
helped businesses.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted; and that
the Community Development Commission of the City of San Bernardino approve
and accept the obligation to designate an Agency staff to serve as the Zone
Coordinator, Zone Manager and Vouchering Agent at the request of the City of
San Bernardino in furtherance of Amendment No. 1 to that certain San
Bernardino Valley Enterprise Zone Memorandum of Understanding (All
Redevelopment Project Areas). The motion carried unanimously.
R24. San Bernardino Redevelopment Project Area Merger Area A - City Housing
Element Compliance
RES. 2011-248 - Resolution of the Mayor and Common Council of the City
of San Bernardino hereby makes findings and determinations that: 1) The
City of San Bernardino has an adopted Housing Element which substantially
complies with the California Government Code Section relative to Housing
Elements; 2) The Redevelopment Agency of the City of San Bernardino has
not been included in the California State Controller's Report to the Office of
the Attorney General for Agencies with major audit violations in any of the
last three fiscal years; and 3) The Agency does not have an excess surplus in
its Low and Moderate Income Housing Fund.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-248 was adopted unanimously.
25. RES. 2011-249 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an amendment to the 2009 Professional
Services Agreement with William Holt for Hearing Officer and/or
Administrative Law Officer Services.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2011-249 was adopted unanimously.
26. RES. 2011-250 - Resolution of the City of San Bernardino authorizing the
submittal of an application to Southern California Edison's Grants &
Contribution Program in the amount of $25,000 to fund the environmental
impact component of the City Beautification Partnership's Clean -Up Day.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2011-250 was adopted unanimously.
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27. Public Comments
Jane Sneddon, San Bernardino, CA, thanked the department heads for giving
such informative presentations at the Citizen's Academy on how the City of San
Bernardino operates and the fantastic job its employees are doing on a limited
budget. She encouraged residents to register for the next Citizen's Academy
which will be held September 14, 2011 through November 16, 2011.
Betty Jean Long, San Bernardino, CA, stated that the Council is not following
its own laws and the City needs to quit spending money it doesn't have;
announced her intention to run for Mayor; and stated that would challenge the
City Attorney's budget.
Joe Ortiz, San Bernardino, CA, spoke about a recent article in The Sun
newspaper regarding candidates for Chief of Police; commented on the candidate
running against Mr. Penman for City Attorney; Measure C; Operation Phoenix;
and the Airport Authority.
Roger Henderson, San Bernardino, CA, spoke about the recent article in The
Sun newspaper and the comment made by the Mayor about Council member
McCammack.
Paul Sanborn, San Bernardino, CA, spoke about the accusation made by David
McKenna linking City Attorney Penman to the Colonies scandal and requested
that the Mayor stay out of the election process.
Linda Pederson, San Bernardino, CA, director of the community center at St.
John's, stated that they serve the community with the homework center and they
promote family literacy by giving books to children. She stated that last year they
signed up over 425 kids and each one received more than one book. Ms.
Pederson stated that one of their major donors is dd's Discounts and they are
currently holding a fundraiser through First Book Marketplace. She encouraged
listeners to stop by dd's on East Highland and make a donation to the book fund.
Scott Olson, Highland, CA, pleaded with the Mayor to enforce the law and clear
up the issues at the Pacific Palms Mobile Home Park.
Catherine Alcantor, Upland, CA, stated that she has owned rental property at
124 S. Giovanola for ten years and she cannot get potholes or sidewalks repaired.
She has contacted Code Enforcement regarding the vacant lot on the north side of
her property, which is overgrown and illegal dumping is going on there, and the
property to the south, which is boarded up and people are still living there. She
stated that all her tenants that were living on that side of the building have moved
16 08/15/2011
out and she's losing $2,300 per month due to these issues not being addressed.
She requested the City's support and assistance.
Hayward Jackson, San Bernardino, CA, read a passage from the bible.
Tracylyn Sharrit, San Bernardino, CA, spoke about the exhibit of Michael Nye
called "Hunger and Resilience" at the California Theater and spoke about hunger,
poverty, and the record high unemployment rates in the Inland Empire.
Aurelene McGruder, San Bernardino, CA, asked what she could do to help the
movie theater open faster and suggested several types of films that could be
shown.
Jim Smith, San Bernardino, CA, stated that he was saddened to hear of the
passing of Mike Lozano and Bill Shear; announced that four members of the City
Council were native to San Bernardino: Virginia Marquez, Robert Jenkins, Fred
Shorett and Rikke Van Johnson; and that two native-born candidates were running
for office: Esther Jimenez, for City Clerk; and David McKenna, for City
Attorney.
Jim Penman, San Bernardino, CA, spoke about his budget and the corruption at
the former Norton Air Force Base.
28. Adjournment
The meeting adjourned at 7:45 p.m. The next joint regular meeting of the Mayor
and Common Council/Community Development Commission is scheduled for
1:30 p.m., Tuesday, September 6, 2011.
RACHEL G. CLARK, CMC
City Clerk
By Q< t�iT Di1 e_nt_�
Linda Sutherland
Deputy City Clerk
17 08/15/2011