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HomeMy WebLinkAbout10-17-2011 Jt. Reg Mtg Mintuesr -161 �J City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org MINUTES REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, OCTOBER 17, 2011 COUNCIL CHAMBERS Mayor Patrick J. Morris Council Members Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy McCammack The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Moms at 1:38 PM, Monday, October 17, 2011, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Call to Order Attendee Name Title Status Arrived '! Patrick J. Morris Mayor Present Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Present Tobin Brinker Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Absent Chas A. Kelley Council Member, Ward 5 Late 1:41 PM Rikke Van Johnson Council Member, Ward 6 Present Wendy J. McCammack Council Member, Ward 7 Present James F. Penman City Attorney Present Rachel G. Clark City Clerk Present Charles McNeel City Manager Present 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Monica Ballardd, et al. v. City of San Bernardino, et al. - Case No. CV 10-02769; Monica Monroe, et al. V. City of San Bernardino, et al. - Case No. CV 09-04354 Mayor and Common Council of the City of San Bernardino Page 1 Printed 12/12/2011 Regular Meeting Minutes October 17, 2011 C MCA Q. 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: Kendall Plaza LLC v. City of San Bernardino 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. Additional cases heard in Closed Session: David Gutierrez v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 917479; Estate of Terry Nash, by and through Successors in Interest Sheryl Jackson and Terry Nash v. City of San Bernardino - United States District Court, Case No. CV 09-08671; E.M.W., a minor, individually, and as Successor in Interest to Ephraim Williams deceased, by and through her Guardian Ad Litem Angelica Martinez and A. W M., a minor, individually, by and throuzh her Guardian Ad Litem Angelica Martinez v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1110870; Cedric May Sr.; Brenda Standifer: S.D.M. and S.J.M., minors by and through their Guardian Ad Litem, Sasha Graves; Maurice Jennings: Anthony Jennings,: and Jashanda Sandifer - United States District Court, Case No. EDCV 10-00978; Jose Munoz, individually, v. San Bernardino Police Dept a public entttg form unknown; City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1110863; Donna Van Parker v. Cityof San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1013471; Mayor and Common Council of the City of San Bernardino Page 2 Printed 1211212011 I Regular Meeting Minutes October 17, 2011 U Billy Ray Robinson v. San Bernardino Police Department et al. - United States District Court, Case No. EDCV 11-01205 RGK (AGR); and Rovinski Renter v. City of San Bernardino, et al. - United States District Court, Case No. CV 11-07222 GAF (CWA9. Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all resolutions and ordinances on the regular agenda of the Mayor and Common Council. Invocation/Pledge of Allegiance The invocation was given by Sister Maureen Chicoine from Our Lady of Hope Catholic Church. The pledge of allegiance was led by Zachary Routhieaux, a sixth grade student at North Verdemont Elementary School. 2. Appointments A. Mayor's Office Appointment of Donna L. Ward to the Fine Arts Commission Motion: Approve the appointment of Donna L. Ward to the Fine Arts Commission per Council Member Jenkins' request. RESULT: ADOPTED [UNANIMOUS] MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett 3. Presentations A. Service Pin Awards Ceremony The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Department Years of Service Victor Aleman City Clerk 5 Loralee Farris Community Development 5 Judy Croteau Fire 15 Joseph Munoz Fire 30 Luie Cisneros Parks, Recreation & 5 Community Services Shane Zeman Parks, Recreation & 5 Community Services Mayor and Common Council of the City of San Bernardino Page 3 Printed 12/1212011 Regular Meeting Minutes October 17, 2011 Linda Molina Police 15 Doreen Reinke Police 5 Gregg Wisdom Police 25 Mane Woodall Police 15 Sergio Romero Public Works 5 B. Swearing In Ceremony A swearing-in ceremony was held for newly appointed Chief of Police Robert Handy, followed by a reception. C. Citizens of the Month Council member Marquez presented a Resolution of Commendation to Milo Victoria, CEO/General Manager of Omnitrans, commending him for outstanding leadership and service to the City of San Bernardino. Ms. Marquez also presented a Resolution of Commendation to Danny Sandoval from Target Stores in recognition of Target's community service, including giving 5 percent of its profits back to the community. D. Student of the Month Council member Jenkins presented a Student of the Month award to Ariel Hollie, a senior student at San Bernardino High School. E. Chamber of Commerce Announcements V Chamber of Commerce announcements were presented by Jack Avakian. 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Consent Calendar A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: That full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated October 17, 2011, be waived. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett Mayor and Common Council of the City ofSan Bernardino Page 4 Printed 12/1212011 Regular Meeting Minutes October 17, 2011 B. City Clerk Council Minutes Motion: 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: September 14, 2011 (Distributed 9/22/11) RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett C. Civil Service Personnel Actions — Classified City Clerk Clark announced that the position title for Item 2 of the Personnel Actions, Mohamed Abdelwahab, was erroneously shown as an Information Technology Technician I, but should be an Information Technology Technician H. Motion: That the classified personnel actions, as submitted by the Chief Examiner, 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. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett D. City Clerk Designation of Voting Delegate for the National League of Cities Congress of Cities - November 9-12, 2011, Phoenix, AZ Motion: That Council member Rikke Van Johnson be designated as the City of San Bernardino's voting delegate at the National League of Cities Congress of Cities to be held November 9-12, 2011 in Phoenix, AZ. X Mayor and Common Council ofthe City of San Bernardino Page 5 Printed 1211212011 Regular Meeting Minutes October 17, 2011 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett E. Human Resources MC -1366 An Ordinance of the City of San Bernardino Authorizing an Amendment to the Contract Between the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System. Motion: That said ordinance be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett F. Public Works O RES -2011-282 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing Execution of a License Agreement with AT&T Corporate Real Estate for an Encroachment Within Stoddard Avenue South of 2nd Street, for the Installation of Utility Service Lines Necessary for the Operation of Fuel Cell Units. Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett G. Public Works RES -2011-283 Resolution of the Mayor and Common Council of the City of San Bernardino Terminating Landscape Maintenance Assessment District No. 1058, Foothill Drive and Sterling Avenue Area, and Releasing of Liens. © Motion: That said resolution be adopted. Mayor and Common Council of the City ojSan Bernardino Page 6 Printed 1211212011 Regular Meeting Minutes October 17, 2011 RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack Fred Shorett H. Public Works RES -2011-284 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Execution of a Professional Services Agreement with Republic Services of Southern California, LLC, Pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph B3, to Allow Republic Services of Southern California, LLC to Provide Commingled Recycling and Commercial Recycling Processing. Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett ,%O'' I. Public Works RES -2011-285 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Execution of a Professional Services Agreement with Burrtec Waste Industries, Inc., Pursuant to San Bernardino Municipal Code Section 3.04.010 Paragraph B3, to Allow Burrtec Waste Industries, Inc., to Provide Commingled Recycling and Commercial Recycling Processing. Motion: That said resolution be adopted. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett 6. Public Hearings A. Community Development ® 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. Mayor and Common Council of the City ojSan Bernardino Page 7 Printed 72/72/20// Regular Meeting Minutes October 17, 2011 The hearing remains open from September 19, 2011. ( ► Staff requested continuance of this matter to November 21, 2011. E Motion: That the matter be continued to November 21, 2011. RESULT: CONTINUED [UNANIMOUS] Next: 11/21/20111:30 PM MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett B. Community Development An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending Section 19.06.025 "Prohibited Uses" of the Municipal Code (Development Code) to Permit Single -Price Overstock/Discount Stores, Self -Service Laundry Facilities and Party Supply Stores Meeting Minimum Floor Area Standards in Commercial Land Use Districts Subject to a Conditional Use Permit. First Reading Mayor Morris opened the hearing. Margo Wheeler, Director of Community Development, provided an overview of the staff O report, stating that the changes had gone through the Planning Commission and the Legislative Review Committee (LRC). She advised that also before the Council for consideration, subsequent to the last meeting, and subsequent to Planning Commission or LRC, was a proposed change to the definition of discount stores, which in essence would separate out what is currently single -price overstock/discount stores by removing the "slash" and really leaving out discount stores and leaving in single -price overstock stores. She stated that staff had worked with the City Attorney's office to come up with a definition that they believe accomplishes that goal; however, staff still has significant concerns with regard to the implementation in that it requires knowing where the merchandise was sold to the store itself. The followine individuals spoke in support of the item: Hubie Byrne, Reliable Properties, Los Angeles, CA. Carlos Losada, Downey, CA, representing La Placita, LLC. Frank Schnetz, San Bernardino business owner. Cheryl Brown, San Bernardino, CA, expressed support with caution. Council Member McCammack stated that she agreed with Ms. Brown relative to proceeding with caution -that the Council needs to decide what their vision for the city really is. She stated that some of the folks that have come forward asking for this change are actually corporate entities, and corporate entities tend to pay better attention to their ® facades and their entrances and their reputation in any community. She added that she thought it was about time that they make this change, and thanked staff and the City Mayor and Common Council ofthe City of San Bernardino Page 8 Printed 12112/2011 Regular Meeting Minutes October 17, 2011 Attorney's office for changing that definition so it is a lot easier to determine what is and isn't a 99 -cent store. `/ Council Member Marquez thanked Ms. Wheeler and the City Attorney's office for their help in accomplishing this revision to the code. She asked Ms. Wheeler about the enforcement of the conditions of the conditional use permit (CUP), stating that she really wants enforcement to be a priority to ensure that the properties are on the up and up and doing what is expected and required. Ms. Wheeler stated that one of the standard conditions of their conditional use permits is to clearly spell out that a failure to maintain all of the conditions as required, or a failure to meet all of the laws of the City, may result in revocation hearings. She stated that this will be put in their conditional use permit so they see that condition right up front. Council Member Brinker noted that three years ago he had addressed this issue with the single- price discount stores, and had they done this at that time maybe they wouldn't have had three years of so many empty storefronts. He added that he thought the thing that drove him three years ago is that we have in our city the warehouse for Dollar Tree, yet we do not allow them to build stores in our city with our current prohibited uses. City Attorney Penman stated that he shared Ms. Wheeler's concerns about enforcement - that they see that as a very significant problem -that conditional use permits are almost useless when it comes to enforcement. He stated that he has been with the City for 24 years and the only conditional use permits that have ever been revoked have been on a ® few motels that the City Attorney's Office, the Fire Department, and Code Enforcement shut down for being substandard. He stated that he believes that the minimum floor area in a multi -tenant center for self- service laundries should be at least 3,000 square feet and should not be left unspecified; and for a party supply store it should be 9,000 square feet instead of 2,500 square feet. He warned the Council that it's going to be very difficult to enforce this ordinance; in fact, it is going to be virtually unenforceable, and they don't have the staff any longer to do the monitoring that they were once able to do. Council Member Kelley asked Ms. Wheeler to address some of those concerns that were brought forward by the City Attorney. Ms. Wheeler stated that her concerns with regard to the enforcement had to do with the definition of the discount store. She stated that she felt confident that they know what a self-service laundry is and there is no question about that. With regard to the party store, party supplies being the primary use; again, she didn't think that it would be a problem understanding what those are and the application. She added that the problem with these has been the clutter, the signage, and the outside of the store -and those are maintenance issues. © She stated that she was not aware that a conditional use permit inspection program has ever been utilized in this city, but they have instituted in the last several months a program where they have a team comprised of code enforcement staff that are essentially Mayor and Common Council of the City ojSan Bernardino Page 9 Printed 12/12/2011 Regular Meeting Minutes October 17, 2011 the City's Planning inspectors that have been fully trained now on conditions of approval with regard to CUPs. They also have been fully trained on reviewing the site plans so that they are up to speed on the landscaping requirements, and that is part of what they are checking, and the signage. While they have only been doing this for a matter of months, she has had a conditions of approval and mitigation monitoring program utilizing field staff in her other cities; and while any enforcement program is certainly not perfect, it is certainly their goal that they will be following up on these. With the degree of attention that these uses have had, she thought this would bring it to their attention even more fully. Council Member Kelly inquired whether the same people who have been working on other issues such as sign illumination, landscaping issues and the general overall look and condition of the City's main corridors would be the same individuals responsible for ensuring that these discount stores are in compliance with City laws and requirements. Ms. Wheeler answered in the affirmative, stating that it would be those individuals and others. She stated that she thought it was a real priority for the City insofar as our commercial areas and the businesses that we have; and when we have a new ordinance such as this, it is important to make sure that we get it right the first time. She stated that they will be assigning the staff necessary to ensure that this ordinance is properly implemented and maintained. Council Member Kelley questioned the "not specified" requirement for self-service laundries, stating that it seems a little unusual to have something that says "not specified" Gthat is left to interpretation. Ms. Wheeler explained that very few of the uses in the zoning ordinance have a minimum square footage -that is a unique circumstance. In this case, what they are saying is that a self-service laundry is allowed of any size. And again, they have to get financing for that, so generally, the private sector has much to say on that; but if they are in a multi - tenant center of 20,000 square feet or more, then they get to apply for a conditional use permit. Therefore, the question about how many do we need, or how close together, and is it an appropriate location -that is part of the public hearing process where not only will the neighborhood have an opportunity to weigh in on the matter, but the Planning Commission will take that into consideration during the public hearing process to determine if that is an appropriate use in that location, which is, of course, the purpose of a conditional use permit. Council Member Kelley stated that he thought this might be an opportunity to once again emphasize the importance of the entire E Street corridor, Baseline corridor, and Highland corridor. He stated that they only have to look at the municipalities to the west and to the east of us and see how successful a fagade program is, where all established and potential businesses look attractive and are maintained at a level that would meet everyone's standard in the community and would be appealing to the eyes of those who travel those main corridors. Q Council Member McCammack stated that she thinks everybody opens a business with all good intentions -such as a party supply store; but once they get their permit, if they keep their windows clean and their signage is appropriate, if they are just trying to stay alive Mayor and Common Council of the City of San Bernardino Page 10 Printed 12/1212011 Regular Meeting Minutes October 17, 2011 they start to sell other things such as cigarettes, smoke shop paraphernalia, beer, etc. She stated that that is exactly the opposite of what they are trying to accomplish here. She stated that she is much more comfortable with the way the code is now written, although at some point she thought they may have to revisit the issue. She added that the other major issue for the City is maintaining enforcement; specifically, on the window signage. If the windows are completely covered there is no way you can see what is going on in that store, and then that is a problem with the surrounding businesses trying to stay nice and look nice. Also, she thought they might want to decide to tackle conditions of approval on a certain set of paint colors used on the outside of a building. City Attorney Penman stated that we don't normally have great problems with the corporate businesses -they are not the ones that we are really concerned about. The violators are the ones Ms. McCammack is referring to that start selling tobacco and tobacco/drug related paraphernalia. Ms. Wheeler clarified that there were no changes to the staff report nor to the table. The change was to Exhibit A -the attachment to the ordinance -which is the changed definition to the discount stores. Motion: That said ordinance be laid over for final adoption. RESULT: FIRST READING ]UNANIMOUS] Next: 11/7/20111:30 PM MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett C. Community Development Appeal of Planning Commission Approval of Condition Use Permit No. 11-11 to Construct a 1,028 Sq.Ft. Drive-Thru Car Wash at an Existing Automobile Service Station with an Ancillary Convenience Store Located at 495 South Waterman Avenue in the Cg - 1, Commercial General Land Use District Mayor Morris opened the hearing. Margo Wheeler, Director of Community Development, stated that this item was coming before the Council with a recommendation from staff to uphold the Planning Commission's approval of the conditional use permit with modification to the conditions of approval. She indicated that staff had distributed an amended list of conditions that are modifications to the original approval. She stated that staff has met with both the applicant and the appellant and they have been given this list of changes to the conditions of approval, and staff believes that they address many of the concerns brought forward by the appellant. Mayor and Common Council of the City of San Bernardino Page 11 Printed 12112/2011 Regular Meeting Minutes October 17, 2011 Public Comments Alex Muscino, representing ACAA LP, Ed Haddad, owner of the property, thanked Ms. Wheeler and Council member Marquez for meeting with both parties where they discussed the concerns brought forth by the appellant. After that meeting they believed those concerns were addressed satisfactorily and they concur with the staff report and the amended conditions of approval. Patricia Green, President of Vanir Development Company, sole surrounding property owner of the station that is before the Council for approval, expressed thanks to Ms. Wheeler for review of CUP No. 1141 and the preparation of the additional conditions of approval, and Council member Marquez for bringing the applicant and the appellant together to discuss the concerns set forth in the appeal. She stated that upon the Council's approval of the modified conditions of approval, they are willing to withdraw their appeal for CUP No. 11-11. They would, however, ask that the following become a part of the minutes of the meeting: 1. The matter of public safety, the poor on-site circulation, and the traffic backed onto and waiting on Waterman Avenue to enter the project site, has not been addressed and will be amplified by the addition of the carwash. 2. They trust that the failure to address the circulation and the traffic problems as part of this conditional use permit will not result in the elimination of any of Vanir's existing driveways along Waterman Avenue for their pending development plans, which will be a substantial investment on their part. 3. They are concerned that the Planning Commission and the City Council have not taken the opportunity as part of this CUP to impose more compliance esthetically with the current development codes and design standards. Without taking such action on the CUP before them, and those going forward from other applicants throughout the city, the appearance of our city will not improve. Mayor Morris noted that there are some landscaping conditions that have been provided during the course of the negotiations with the applicant, which would appear to substantially beautify this rather stark comer. He verified with Ms. Green that Vanir is withdrawing its appeal based on the modified conditions of approval. She replied in the affirmative. Motion: That the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 1141, with modifications to Conditions of Approval. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett Mayor and Common Council of the City of San Bernardino Page 12 Printed 1211212011 Regular Meeting Minutes October 17, 2011 V A 7. Staff Reports A. City Attorney Ordinance of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.69.090 Regarding Possession of Graffiti Tools by Juveniles. City Council Meeting. City Attorney Penman provided an overview of the staff report and explained the proposed changes to the Municipal Code. Motion: That the matter be referred to the Legislative Review Committee. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack ABSENT: Fred Shorett B. Council Office Term Limits Council member Johnson provided an overview of the staff report. Council member Kelley stated that he liked some of the things Mr. Johnson was proposing; but he would also like to see elimination of the ward system discussed and referred to the Legislative Review Committee. Council member Kelley made a motion, seconded by Council Member Jenkins, that elimination of the ward system be included in the discussion and referral of term limits to the LRC. Public Comments Cheryl Brown, San Bernardino, CA, stated that the ward system was instituted because all the Council members represented the same community, and the ward system is there for a reason. Council Member Brinker stated that all of the issues are worthy of discussion at the committee level, and Council Member Marquez stated that she was open to discussion of a ward system at large. Council Member McCammack stated that she was aligned with Ms. Brown on this issue - that she thinks the ward system works in one way. She stated that she was going to make an alternative suggestion once it gets to LRC and that is that it can be a citywide election for every Council member, but the Council member must live in the ward. Council Member Johnson stated that at the State level there is discussion about school districts and ward systems, and most of them are going to a ward system because of the Mayor and Common Council of the City of San Bernardino Page 13 Printed 1211212011 Regular Meeting Minutes October 17, 2011 unequal balance in most of the school boards in cities where there is a large Hispanic population and they have school boards with only Caucasian representation. City Attorney Penman noted that in the `60s the City had five wards, and there was an amendment to the Charter in the mid `60s to add two more to guarantee representation in our Latino and African American communities. Motion: Discuss and refer to the Legislative Review Committee to prepare a charter amendment that would establish term limits in order to broaden the opportunities for public service and to assure that elected officials of government are responsive to the citizens of the government: a) No person serving, whether by means of election or appointment, more than three (3) consecutive terms of office as an elected city official. b) Any person who has served three consecutive terms of office as an elected city official shall not be eligible to hold office again as an elected city official until the expiration of at least two years following the conclusion of such person's last term of office. c) This term limit shall be applied separately to each different type of elected office held. d) A partial term of office shall be considered to be a full term where more than one-half of the regular term of office has been served. e) Possible elimination of the Ward System. RESULT: ADOPTED [4 TO 21 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Virginia Marquez, Robert D. Jenkins, Tobin Brinker, Chas A. Kelley NAYS: Rikke Van Johnson, Wendy J. McCammack ABSENT: Fred Shorett --------- --- — -- - C. Council Office Campaign Contribution Limits Council Member Johnson stated that campaign contributions by special interest groups have risen in recent years and some constraints have to be put in place. He stated that the following information was taken from the California Form 460 Recipient Committee Campaign Statement. He stated that the information covers the period ending September 30, 2011. Special interest groups gave to only one individual in each race and the amounts given are legal, but he questioned whether they are a true representation of good government of the people, by the people, for the people. In the Second Ward race that took place in July 2011, over $52,700 was given by special interest groups, which represents 93.8 percent of the money received by the candidate. O In the Third Ward race over $33,300 has been given by special interest groups, which represents 98.3 percent of the money received by the candidate. Mayor and Common Council ofthe City of San Bernardino Page 14 Printed 1211212011 Regular Meeting Minutes October 17, 2011 In the Fifth Ward race, in the last two years, $49,300 has been received from special interest groups. In the Sixth Ward no money has been received from special interest groups. In the Seventh Ward, $10,000 was received from the Police Officers Association in 2010, among other special contributions. In the City Attorney race, $12,500 has been given by the Police Officers Association in 2011, among other special interest contributions. Mr. Johnson stated that special interest campaign contributions in 2011 totaled $67,219.91 by the Firefighters Political Action Committee and $67,921.62 by the Police Officers Association. He noted that 11.6 percent of the police department employees and 6.7 percent of the fire department employees live in the city. If all of San Bernardino's fire and police personnel lived within the city, the total annual average take-home expenditure would be approximately $40 million. Mr. Johnson stated that an article in today's paper tabbed San Bernardino as the State's poorest large city. This $40 million annually that drives down the freeway to cities as far away as Bishop, Magic Mountain, and Las Vegas would go a long way to changing the dynamics of this city. Police and Fire already command 72 percent of the City's budget. He stated that the people's rights must be protected to ensure that their elected leaders are not beholden to special interest groups. No true democracy is attainable when the ® process is determined by economic power. Special interest groups should not supersede the needs of the people and should not take precedence above the interests of the people. Council member Johnson made a motion, seconded by Council member Marquez, that the matter be referred to the Legislative Review Committee (LRC). (Note: Vote was taken later in the meeting.) Public Comments Rabbi Hillel Cohn, San Bernardino, CA, expressed support. Kae L. Johnson, Highland CA, voiced support. Cheryl Brown, San Bernardino, CA expressed support, but stated that we need ways to encourage fire and police personnel to move to the city. Council Member Kelley asked how many individuals are employed by the City, and City Manager McNeely answered approximately 1200 employees. Mr. Kelley requested that the city manager provide the Mayor and Council with the total number of employees that live in the city of San Bernardino by the next Council meeting. Mr. Kelley asked for verification by the City Attorney that by law the City cannot require its employees to live in the city as a condition of employment. Mr. Penman stated that was correct. ® Council Member Kelley stated that he understood why this matter was being considered, and in everything there is an argument that can be made in favor or against. He cautioned Mayor and Common Council of the City of San Bernardino Page 15 Printed 1211212011 Regular Meeting Minutes October 17, 2011 everyone, future Councils and his colleagues currently on the Council, that right now the numbers that are displayed on the wall are accountable numbers that can be pulled and seen by anyone. However, if you limit contributions there is nothing that will prevent independent expenditures, and independent expenditures are almost impossible to track. Council Member McCammack stated that she thought they needed to define the term special interest when it goes to committee. They need to decide if it includes a loan to oneself. Also, does that mean that other elected officials are special interests? The goal should be to make a level playing field. Council member Brinker stated that this is a difficult issue and there are challenges, but this is worth looking into. Part of this has to do with making this information more easily accessible to people. Council member Jenkins stated that this is all about politics and not about charter reform. If they are going to have a serious discussion about charter reform, and stop the politics as usual and move on with City business, then he would make a substitute motion. Substitute Motion: That a standing commission of citizens be formed comprised of one representative from each ward and the Mayor, one from the City Attorney's office, one from the City Clerk's office, one from the City Treasurer's office, and one from the City Manager's office to research true charter reform. RESULT: FAILED 11 TO 31 MOVER: Robert D. Jenkins, Council Member, Ward 2 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Robert D. Jenkins NAYS: Virginia Marquez, Tobin Brinker, Rikke Van Johnson ABSTAIN: Chas A. Kelley, Wendy J. McCammack ABSENT: Fred Shorett Original Motion: Discuss and refer to the Legislative Review Committee to prepare a charter amendment that would establish campaign contribution limits from individuals, political action committees, and businesses to all candidates for City elected offices, expenditure limits for all such candidates, and disclosure requirements for independent expenditure committees. Iq Mayor and Common Council ofthe City of San Bernardino Page 16 Printed 12/1212011 Regular Meeting Minutes October 17, 2011 RESULT: FAILED 12 TO 31 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Virginia Marquez, Rikke Van Johnson NAYS: Robert D. Jenkins, Tobin Brinker, Wendy J. McCammack ABSTAIN: Chas A. Kelley ABSENT: Fred Shorett X 8. Public Comments Betty Jean Long, San Bernardino, CA, expressed disappointment with the Mayor over his involvement with the San Bernardino International Airport Authority. Esther Jimenez, San Bernardino, CA, encouraged citizens to take the Citizens Academy class, and stated that she was pinning for the office of City Clerk. Billy Joe Chacon, San Bernardino, CA, stated that he once led a reckless life but in 1995 his life was changed in Jesus' name. He encouraged others to surrender their lives to the Lord and invited everyone to the Downtown Apostolic Church located at 760 West 6h Street. Nick Gonzalez, spoke regarding the many good years he spent working for the City, but that there are still some very serious problems in the City that need to be addressed. Cheryl Brown, San Bernardino, CA, announced that the San Bernardino branch of the NAACP would be holding this year's Freedom Fund Dinner on October 27 at the Hilton Hotel at 5:30 p.m. and invited all to attend. Warner Hodgdon, San Bernardino, CA, stated he has been involved with the City his whole life and the ward system, the police and the fire and the retirements, etc. are some of the oldest stories in the City. He stated that the population of San Bernardino is 209,000 and'/2 percent represent City employees; that it is the State's poorest city with 46 percent on subsistence. Bob Chairez, San Bernardino, CA, a custom framer/artist/cartoonist, spoke regarding a project his group is working on --a headquarters at the Orange Show that they were given to fix up and they will be exhibiting their artwork there and it will be a gallery for Orange Show Art. The project will be completed in December and they are recruiting new members. Mayor and Common Council of the City of San Bernardino Page 17 Printed 1211212011 Regular Meeting Minutes October 17, 2011 9. Adjournment The meeting adjourned at 6:41 PM. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 7, 2011. RACHEL G. CLARK, CMC City Clerk By: :/ �� Linda E. Hartzel Deputy City Clerk Al Al Mayor and Common Council ofthe City gfSan Bernardino Page 18 Printed 12/12/2011