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Home My WebLink About05.B-City Clerk 5.B DOC ID: 1456 CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION Council Minutes From: Rachel G. Clark MlCC Meetiug Date: 01109/2012 Prepared by: Mayra Ochiqui, (909) 384-5002 Dept: City Clerk Ward(s): N/A Subject: Council Minutes Financial Impact: No Cost to the City Motion: Approve the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission as submitted: October 17,2011 and November 7, 2011. Supportin!! Documents: Council Minutes - 10-17-2011 Council Minutes - 11-07-2011 (PDF) (PDF) Updated: 1/4/2012 by Linda Sutherland 1- pa~ket Pg~ 23 5.8.a City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www.sbcity.org Mayor Patrick J. Morris Council Members Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy McCammack MINUTES REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, OCTOBER 17, 2011 COUNCIL CHAMBERS The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 1:38 PM, Monday, October 17, 2011, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Call to Order Attendee Name Patrick J. Morris Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack James F. Penman Rachel G. Clark Charles McNeely Title Status Arrived Present Present Present Present Absent Late 1:41 PM Present Present Present Present Present Mayor Council Member, Ward I Council Member, Ward 2 Council Member, Ward 3 Council Member, Ward 4 Council Member, Ward 5 Council Member, Ward 6 Council Member, Ward 7 City Attorney City Clerk City Manager 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 Ballard. et al. v. Citv of San Bernardino. et at. - Case No. CV 10-02769; Monica Monroe. et al. V. Citv of San Bernardino. et al. - Case No. CV 09-04354 Mayor and Common Council of the City of San Bernardino f . P;~~~~-;~~~4 Page 1 Ul Q) - ::> .5 :i5 'u l: ::> o o '" It) ... ~ ~ ~ '" N ,.:. ~ , '" ~ , en Q) - ::> l: :!i 'u l: ::> o o +: l: Q) E .r: u .. - < Regular Meeting Minutes October 17, 2011 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: 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. Citv of San Bernardino - San Bernardino Superior Court. Case No. CIVDS 917479; Estate of Terry Nash, bv and throuzh Successors in Interest Sheryl Jackson and Terry Nash v. Citv of San Bernardino - United States District Court, Case No. CV 09-08671; E.M. W, a minor, individuallv, and as Successor in Interest to EDhraim Williams. deceased, bv and throuzh her Guardian Ad Litem. Anzelica Martinez, and A. WM" a minor. individuallv, bv and throuzh her Guardian Ad Litem Anzelica Martinez v. Citv of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1110870; Cedric Mav Sr.; Brenda Standifer; S.D.M and S.J.M, minors, bv and throuzh their Guardian Ad Litem. Sasha Graves; Maurice Jenninzs; Anthonv Jenninzs; and Jashanda Sandifer - United States District Court, Case No. EDCV 10-00978; Jose Munoz, individuallv, v. San Bernardino Police DeDt" a Dublic entitv form unknown; Citv of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 11 10863; Donna Van Parker v. Citv of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1013471; 5.6.a (j) ., - ::J " :;: 'u " ::J o () '" on .... ~ ~ ~ o N ,.:. ~ , o ~ . 1/1 ., - ::J " :i! 'u " ::J o () .;..: " ., E .<: u IV - 4: Mayor and Common Council afthe City afSan Bernardino Page 2 f.~P~~~~~'P~:~5 I Regular Meeting 5.B.a Minutes October 17. 2011 Billy Ray Robinson Y. San Bernardino Police Deoartment. et al. - United States District Court, Case No. EDCV 11-01205 RGK (AGR); and Rovins/d Renter v. City of San Bernardino. et al. - United States District Court, Case No. CV 11-07222 GAF (CWX). 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. Mavor's Office lil Q) - ::l l: ~ 'u l: ::l o U U> Lt> ... ~ Appointment of Donna 1. Ward to the Fine Arts Commission Motion: Approve the appointment of Donna 1. Ward to the Fine Arts Commission per Council Member Jenkins' request. ~ ~ o N ,.:. ~ , o ~ , RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Robert D. Jenkins, Council Member, Ward 2 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack Fred Shorett "' Q) - ::l .5 :;: 'u l: ::l o U 3. Presentations .;.: l: Q) E .<: " '" ::: c( 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 Victor Aleman Loralee Farris Judy Croteau Joseph Munoz Luie Cisneros Shane Zeman Department City Clerk Community Development Fire Fire Parks, Recreation & Community Services Parks, Recreation & Community Services Years of Service 5 5 15 30 5 5 Mayor and Common Council afthe City of San Bernardino Page 3 f . p~~~~~';~: ~6 c I Regular Meeting Minutes October 17, 2011 Linda Molina Doreen Reinke Gregg Wisdom Marie Woodall Sergio Romero Police Police Police Police Public Works 15 5 25 15 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 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, 20 II, be waived. 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 5.6.8 Iii' '" - ::> .= :;; '0 c: ::> o (,) CD It> ... ~ ~ ~ o "i .... ~ , o ~ . 1/1 '" - ::> .= :;; '0 c: ::> o (,) .;..; c: '" E .c: u .. - <C Mayor and Common Council afthe City of San Bernardino Page 4 f.' -' "'''''^'' t Packet Pg; 27 Minutes October 17, 2011 Regular Meeting B. City Clerk Council Minutes Motion: RESULT: MOVER: SECONDER: AYES: ABSENT: 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) ADOPTED [UNANIMOUS) Chas A. Kelley, Council Member, Ward 5 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack 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 II. 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: 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 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. 5.8.8 "' .. - " c: ::E 'u c: " o u '" II> -.t ::. ~ ~ Cl N , r-- ~ C. ~ III .. - " .= :;: 'u c: " o u .;..; c: .. E .c: " .. ~ Mayor and Common Council afthe City afSan Bernardino Page 5 rp~~k~~';~:28 I Regular Meeting Minutes October 17,2011 5.8.a en .. - ::l c: :s 'u c: ::l o U '" It> .. ~ ~ ~ o N , ... ~ , o ~ , III .. - ::l .!: :;: 'u c: ::l o U .;.; c: .. E ..c: " III ::: <( ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Kelley, Johnson, McCamrnack 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. That said ordinance be adopted. RESULT: MOVER: SECONDER: AYES: ABSENT: Motion: 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 F. Public Works RES-20Il-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: RESULT: MOVER: SECONDER: AYES: ABSENT: That said resolution be adopted. ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Kelley, Johnson, McCamrnack Fred Shorett G. Public Works RES-20Il-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 of San Bernardino Page 6 f . P~~~~~';~:~9 Regular Meeting Minutes October 17, 2011 5.B.a 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, McCarmnack 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: RESULT: MOVER: SECONDER: AYES: ABSENT: That said resolution be adopted. ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack Fred Shorett 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: RESULT: MOVER: SECONDER: AYES: ABSENT: That said resolution be adopted. ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Rikke Van Johnson, Council Member, Ward 6 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack 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. "' '" - ::l l: :;; 'u l: ::l o U '" on ..... ~ ~ ~ o N , ... ~ o ~ , III '" - ::l .5 :;; 'u l: ::l o U .., l: '" E .s::; " '" ~ Mayor and Common Council afthe City olSan Bernardino Page 7 f . P~~k~~';~: ~O Regular Meeting Minutes October 17,2011 The hearing remains open from September 19, 2011. Staff requested continuance of this matter to November 21, 2011. Motion: That the matter be continued to November 21, 2011. RESULT: MOVER: SECONDER: AYES: ABSENT: CONTINUED [UNANIMOUS) Next: 11/21/20111:30 PM Wendy J. McCammack, Council Member, Ward 7 Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack 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 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 followinl! 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 5.8.a en '" - ::s c: :;: '0 c: ::s o () '" It) ... ~ ~ ~ o N , .... ~ o ~ fJ) '" - ::s c: :i] '0 c: ::s o () .;..: c: '" E .c: " III ::: <( Mayor and Common Council afthe City of San Bernardino Page 8 f . p~~~~i;;: ~1 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 of2,500 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 5.B.a Ul CI> - ::> .= ::;; 'u " ::> o (.) CD II> .... - - - o ~ .... - c. - 1II CI> - ::> " :ii] 'u " ::> o (.) .;.; " CI> E ~ u '" :::: <( Mayor and Common Council afthe City afSan Bernardino Page 9 f P~dk~~ ';~i~2 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" that 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 fa<;ade 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. 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 5.8.a ., .. - " !: :iE 'u !: " o (,) '" on ... ~ ~ ~ o N , .... ~ o ~ .. .. - " !: :;: 'u !: " o (,) .;.; !: .. E .c: " Cll :::: <( Mayor and Common Council a/the City afSan Bernardino Page 10 f' , "";"^" Packet "'Ii! 33' 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 staffreport 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: MOVER: SECONDER: AYES: ABSENT: FIRST READING [UNANIMOUS] Next: 1117120111:30 PM Chas A. Kelley, Council Member, Ward 5 Wendy J. McCarnrnack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack Fred Shorett C. Community DeveloDment 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- I, Commercial General Land Use District Mayor Morris opened the hearing. Margo Wheeler, Director of Community Development, stated that this item was corning 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. 5.8.a en '" - ::J .5: :;; 'u c: ::J o () '" It) .... ~ ~ ~ o N , .... ~ c. ~ en '" - ::J c: :i;j 'u c: ::J o () .;..: c: '" E .s::. u .. ~ Mayor and Common Council of the City afSan Bernardino Page 11 f' """,,".. L Packet Pg. 34 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. II-II 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. II-II. 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 corner. 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. II-II, with modifications to Conditions of Approval. RESULT: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS] Rikke Van Johnson, Council Member, Ward 6 Wendy J. McCammack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack Fred Shorett 5.8.3 Ii) " - ::l .5 :;; .u c: ::l o U '" It) ... ~ ~ ~ o N , .... ~ , o ~ fJ) " - ::l .5 :;; .u c: ::l o U .;..; c: " E .c: u .. - ~ Mayor and Common Council afthe City afSan Bernardino Page l2 . ,,,,,"',"',,.. f Packet Pg. 35 Regular Meeting 7. Staff Reports Minutes October 17, 2011 A. City Attornev 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: MOVER: SECONDER: AYES: ABSENT: ADOPTED [UNANIMOUS) Chas A. Kelley, Council Member, Ward 5 Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack 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 5.8.a Ui' " - ::l ,~ :;; Tj t: ::l o U '" It> ... ~ ~ ~ o N ,.:. ~ , o ~ , III " - ::l ,~ :;; 'u t: ::l o U .., t: " E .<= u '" =: <( Mayor and Common Council of the City of San Bernardino Page 13 f . p~ik~t-;~: ~6 . Regular Meeting Minutes October 17, 2011 5.B.a 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: RESULT: MOVER: SECONDER: AYES: NAYS: ABSENT: C. Council Office 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. ADOPTED [4 TO 2] Chas A. Kelley, Council Member, Ward 5 Robert D. Jenkins, Council Member, Ward 2 Virginia Marquez, Robert D. Jenkins, Tobin Brinker, Chas A. Kelley Rikke Van Johnson, Wendy J. McCanunack Fred Shorett 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. 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. "' Q) - ::l ,5 ::E 'u c: ::l o (,) '" It) ... ~ ~ ~ <> N .:. ~ <> ~ , '" Q) - ::l c: :E 'u c: ::l o (,) .;.; c: Q) E J:: U II> - <c Mayor and Common Council of the City afSan Bernardino Page 14 f . P;~k~~-;~: ~7 Regular Meeting Minutes 5.B.a 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 en CIl - :> l: :E 'u l: :> o U '" II> ... ~ ~ ~ Q N ,.:. ~ , Q ~ <II CIl - :> l: :E 'u l: :> o U .;.; l: CIl E .s: u '" - :i Mayor and Common Council of the City afSan Bernardino Pagel5 f . p~~~~~';;: ~8 Regular Meeting Minutes 5.8.a 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: MOVER: SECONDER: AYES: NAYS: ABSTAIN: ABSENT: Original Motion: FAILED [1 TO 3] Robert D. Jenkins, Council Member, Ward 2 Wendy J. McCammack, Council Member, Ward 7 Robert D. Jenkins Virginia Marquez, Tobin Brinker, Rikke Van Johnson Chas A. Kelley, Wendy J. McCammack Fred Shorett en Q) - ::J l: ::;: '0 l: ::J o o <0 It> '<t ~ ~ ~ o N , .... ~ o ~ U) Q) - ::J .5 ::;: '0 l: ::J o U .;..; l: Q) E J: " IV - ::( 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. Mayor and Common Council of the City afSan Bernardino Page 16 f . P~~k~~';~: 39 Regular Meeting Minutes 5.B.a October 17,2011 RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: ABSENT: FAILED [2 TO 3] Rikke Van Johnson, Council Member, Ward 6 Virginia Marquez, Council Member, Ward I Virginia Marquez, Rikke Van Johnson Robert D. Jenkins, Tobin Brinker, Wendy J. McCammack Chas A. Kelley Fred Shorett 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 running 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 6th 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 Y, 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. 'iij" " - ::I t: ::E '(3 t: ::I o U '" 10 .... ~ ~ ~ o N ,.:. ~ . o ~ fJ) " - ::I .5 ::E '(3 t: ::I o U .;.; t: " E .t: U IV :t::: <( Mayor and Common Council afthe City a/San Bernardino Page 17 f' ,,",,"^" pa<;/tet Pg. 40 5.B.8 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 CouncillCommunity Development Commission is scheduled for I :30 p.m., Monday, November 7, 2011. RACHEL G. CLARK, CMC City Clerk Linda E. Hartzel Deputy City Clerk "' Q) - ::l .!: :;; By: 'u C ::l o () '" It> ... ~ ~ ~ o N , .... ~ .:. ~ 11l Q) - ::l .!: :;; 'u C ::l o () .;.; c Q) E .c " '" - <t Mayor and Common Council afthe City of San Bernardino Pagel8 f 'j>~~~~~';;: ~1 41 5.B.b City of San Bernardino 300 North "D" Street San Bernardino, CA 92418 http://www .sbcity .org Mayor Patrick J. Morris Council Members Virginia Marquez Robert D. Jenkins Tobin Brinker Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy McCammack MINUTES REGULAR MEETING MAYOR AND COMMON COUNCIL OF THE CITY OF SAN BERNARDINO MONDAY, NOVEMBER 7, 2011 COUNCIL CHAMBERS en CIl - " !: :E 'u !: " o o IS> It> ... ~ The Regular Meeting of the Mayor and Common Council of the City of San Bernardino was called to order by Mayor Patrick J. Morris at 1:35 PM, Monday, November 7, 2011, in the Council Chambers, 300 North "0" Street, San Bernardino, CA. Call to Order Attendee Name Patrick J. Morris Virginia Marquez Robert O. Jenkins Tobin Brinker Fred Shorett Chas A. Kelley Rikke Van Johnson Wendy J. McCammack James F. Penman Rachel G. Clark Charles McNeely Title Mayor Council Member, Ward 1 Council Member, Ward 2 Council Member, Ward 3 Council Member, Ward 4 Council Member, Ward 5 Council Member, Ward 6 Council Member, Ward 7 City Attorney City Clerk Ci Mana er 1. Closed Session Pursuant to Government Code Section(s): ~ ~ o N , ... o , ~ ~ Status Arrived Present Present Present Present Present Late 1:53 PM Present Present Present Present Present <II CIl - " !: :E 'u !: " o o ;; !: CIl E .!: " '" ~ c( A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). Mayor and Common Council of the City afSan Bernardino Pagel f p~~~~~-~~; ~2 Regular Meeting Minutes 5.B.b November 7, 2011 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: Kendall Plaza 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. City Attorney Penman announced that the following case would be discussed under Agenda Item No. lA, existing litigation: San Bernardino City Professional Firefighters. Local 891; Richard "Scott" Moss v. Citv of San Bernardino; San Bernardino City CounciL Does 1-10. inclusive; City of San Bernardino and San Bernardino City Council v. San Bernardino Citv Professional Firefighters. Local 891; Richard "Scott" Moss - San Bernardino County Superior Court, Case No. CIVDS 1102415; and Under Agenda Item IB, Kendall Plaza should be shown as: Kendall Plaza LLC v. City of San Bernardino 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. Moment of Silence A moment of silence was observed in memory of Police Officer Daniel Clark, Dr. Harry Pachon, and James Ragan. Invocation/Pledge of Allegiance The invocation was given by Pastor Joshua Beckley of Ecclesia Christian Fellowship. The pledge of allegiance was led by Anika Kisling, a fifth grade student at Bonnie Oehl Elementary School. lil '" - ::l c: :!E 'u c: ::l o (,) co "' ... ::.. ~ ~ <> N , .... <> , ~ ~ , en '" - ::l .E :!i 'u c: ::l o (,) .;..; c: '" E .c: u '" - <c Mayor and Common Council afthe City of San Bernardino Page 2 f . P~~k~t';~: 43 '..1 Regular Meeting 2. Appointments Minutes 5.B.b November 7, 2011 A. Mavor's Office Appointment of Dena M. Peters to the Mobile Home Board (Neutral Representative) Motion: Approve appointment of Dena M. Peters to the Mobile Home Board (Neutral Representative), as requested by Mayor Morris. RESULT: MOVER: SECONDER: AYES: AWAY: ADOPTED [6 TO 0] Tobin Brinker, Council Member, Ward 3 Virginia Marquez, Council Member, Ward 1 Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack Chas A. Kelley 3. Presentations A. Third Quarter Employee Recognition Award The following individuals, all employees of the Community Development Department, were awarded Third Quarter Employee Recognition Awards by Margo Wheeler, Director of Community Development: Award for Leadership - Joe Lease, Award for Customer Service - Laurie McElroy, Award for Teamwork & Partnership - Carrie Rios (not present) B. SB Direct Update Rebekah Kramer, SB Direct Supervisor, provided an initial report on the SB Direct activities, including a brief synopsis of the number and type of calls received. Due to apparent inconsistencies in the report, Council Member McCammack asked that a corrected report be provided to the Council members. C. Certificate of Commendation - Dr. Aaron Moffett, Associate Professor of Kinesiology at CSUSB - Council Member Kelley Council Member Kelley presented a Proclamation of Commendation to Dr. Aaron Moffett, Associate Professor at CSUSB, for his work with the DisAbility Sports Festival. D. Certificate of Commendation - 60+ Year Business Owner in the Community - Council Member McCammack Council Member McCammack honored Tony Trozera, long-time business owner of "The Mug" Restaurant, 1588 W. Highland Avenue, by proclaiming today, November 7,2011, as Tony Trozera Day in the City of San Bernardino. Uj" Q) - ::> l: ~ 'u l: ::> o tl '" It> -t :::. ~ ~ o N , r- o , ~ ~ "' Q) - ::> .5 ::;: 'u l: ::> o tl .;.; l: Q) E J:: " .. - <i Mayor and Common Council of the City afSan Bernardino Page 3 f ;P~~k~~';~:~ I Regular Meeting Minutes 5.B.b November 7, 2011 E. Visiting Nurses Association Month Mayor Morris presented a proclamation designating November as Home Health Care, Hospice and Palliative Care Month to Jill Eaton, Executive Director of the Visiting Nurses Association. F. Chamber of Commerce Announcements Jim Gerstenslager presented the Chamber's announcements. 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 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 dated November 7,2011, be waived. 5. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack B. City Attornev RES-2011-286 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 E.M.W., a Minor, et a!. v. City of San Bernardino, et a!., San Bernardino Superior Court Case No. CIVDS 1110870. Motion: That said resolution be adopted. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack (jj' '" - " c: ~ 'u c: " o u <D on .... ~ ~ ~ Q N ,.:. Q . ~ ~ 1/1 '" - " .!: :;; 'u c: " o u .;.; c: '" E ..c: (J '" ~ Mayor and Common Council of the City afSan Bernardino Page 4 f . p~~~~~ ';~: ~ Minutes 5.B.b November 7,2011 Regular Meeting C. City Attornev RES-2011-287 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 Jose Munoz v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVDS 1110863. Motion: RESULT: MOVER: SECONDER: AYES: That said resolution be adopted. ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCamrnack D. City Attornev RES-2011-288 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 Rovinksi Renter v. City of San Bernardino, et aI., United States District Court Case No. Cv 11-07222 GAF (CWx). Motion: RESULT: MOVER: SECONDER: AYES: That said resolution be adopted. ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack E. City Clerk Council Minutes Motion: RESULT: MOVER: SECONDER: AYES: 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: July 21, 2011 (Distributed November 2, 2011) August 1, 2011 (Distributed November 1, 2011) August 15, 2011 (Distributed November 2, 2011) September 6, 2011 (Distributed November 2, 2011) ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCamrnack "' Q) - ::l .5 :!i 'u l: ::l o U <0 It> ... ~ ~ ~ o N ,..:. o , ~ ~ , lJ) Q) - ::l l: :!i 'u l: ::l o U .;.; l: Q) E .s::; " IV - a: Mayor and Common Council afthe City afSan Bernardino Page 5 f . p~~~~~';~f46 .1 Regular Meeting Minutes 5.B.b November 7, 2011 F. Civil Service Personnel Actions - Classified Motion: RESULT: MOVER: SECONDER: AYES: 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. ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack G. Community Development MC-1367 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. Motion: RESULT: MOVER: SECONDER: AYES: That said ordinance be adopted. ADOPTED [UNANIMOUS] Rikke Van Johnson, Council Member, Ward 6 Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCarnmack H. Community Development RES-2011-292 Resolution of the Mayor and Common Council of the City of San Bernardino Approving an Agreement by and Among Omnitrans, the San Bernardino Associated Governments, the City of San Bernardino, and the San Bernardino Economic Development Corporation Regarding the Planning, Design, Construction, Operation, and Maintenance of the San Bernardino Transit Center. Council Member McCammack stated she would abstain because Omnitrans is one of her business clients. Public Comments: Matt Korner, San Bernardino, CA. Motion: That said resolution be adopted. ., CIl - ::J .5 :;: 'u l: ::J o U <D on ... - - - <> N , .... c:;> - - , III CIl - ::J l: :E 'u l: ::J o U ., l: CIl E .l:: " tV ~ Mayor and Common Council afthe City a/San Bernardino Page 6 r P;~~~~';~:47 I Regular Meeting Minutes 5.B.b November 7, 2011 RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: ADOPTED [5 TO 1] Rikke Van Johnson, Council Member, Ward 6 Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Shorett, Johnson Chas A. Kelley Wendy J. McCammack I. Finance Approval of Commercial Checks and Payroll Checks Motion: That the claims and payroll and the authorization to issue warrants as listed be approved. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS) Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward S Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack J. Human Resources Establishment of Salaries for Fire Department Ranges P-I, P-2, P-3 and P-4, Effective August I, 20 II. Public Comments: Paul Sanborn, San Bernardino, CA. RESULT: MOVER: SECONDER: AYES: NAYS: CONTINUED [6 TO I) Next: 12/5/20111:30 PM Chas A. Kelley, Council Member, Ward S Virginia Marquez, Council Member, Ward I Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack K Human Resources Establishment of Salaries for Fire Department Ranges P-S, P-6 and P-7, Effective August 1,2011. Public Comments: Paul Sanborn, San Bernardino, CA. Ul G> - ::s l: =- .u l: ::s o U <0 It> ... :So ~ ~ o N ..:. o , ~ ~ f/l G> - ::s .= =- .u l: ::s o U .;..; l: G> E .l: U III - <C Mayor and Common Council of the City of San Bernardino Page 7 f . P~~k~t-P~: ~8 Regular Meeting Minutes 5.B.b November 7, 2011 RESULT: MOVER: SECONDER: AYES: NAYS: CONTINUED [6 TO 1] Next: 12/5/20111:30 PM Chas A. Kelley, Council Member, Ward 5 Virginia Marquez, Council Member, Ward I Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCammack L. Human Resources Personnel Actions - Unclassified Motion: RESULT: MOVER: SECONDER: AYES: That the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City, Community Development Commission and Economic Development Agency policies and procedures, be approved and ratified. ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack M. Human Resources Resolution Authorizing the Execution of Amendment No.2 to the Consultant Services Agreement Between Atkinson, Andelson, Loya, Ruud, and Romo and the City of San Bernardino for Labor Negotiator Services in the Human Resources Department. Council Member Jenkins pointed out that there was no contract or Request for Proposal in the backup materials. Both Council Members Jenkins and McCammack wanted to see the original contract before approving the item. Ms. McCammack questioned how much was spent last fiscal year and how much had been spent this fiscal year on this contract. City Attorney Penman spoke regarding contract illegalities and cautioned the Council members that before they vote on any contracts they should be asking a lot of questions and asking to see the contract documents. RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: CONTINUED [5 TO 1] Next: 11/21/20111:30 PM Robert D. Jenkins, Council Member, Ward 2 Wendy J. McCammack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, McCammack Chas A. Kelley Rikke Van Johnson en Q) - ::l .5 :; '0 l: ::l o (.) '" LO ~ :s. ~ ~ o ~ .... o , ~ ~ , '" Q) - ::l l: :E '0 l: ::l o (.) .;.; l: Q) E .s::: u ., :t: < Mayor and Common Council afthe City of San Bernardino Page 8 f . p;~~~i~~: 49 I Regular Meeting Minutes 5.B.b November 7, 2011 N. Parks. Recreation & Community Services RES-2011-293 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Director of Finance to Issue a Change Order to Increase Purchase Order No. 301791 by $29,572 to $164,872 to RHA Landscape Architects- Planners, Inc., for the Expanded Design and Engineering of the Nunez Park/Ruben Campos Community Center Outdoor Pavilion Per Capital Improvement Project PR04-38. Motion: That said resolution be adopted. RESULT: MOVER: SECONDER: AYES: ABSTAIN: AWAY: ADOPTED [5 TO 0) Virginia Marquez, Council Member, Ward I Tobin Brinker, Council Member, Ward 3 Marquez, Jenkins, Brinker, Shorett, Johnson Wendy J. McCammack Chas A. Kelley O. Police RES-2011-289 Resolution of the Mayor and Common Council of the City of San Bernardino Ratifying the Application For and Authorizing the Police Department to Accept and Implement, If Awarded, a Driving Under the Influence (DUI) Mini Grant from the State of California Office of Traffic Safety in the Amount of$89,568.02. Motion: That said resolution be adopted. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack P. Public Works Authorization to Proceed and Approval of Plan No. 12831 - Proposed vacation of an east-west alley south of Adell Street, between "I" Street and the 1-215 Freeway. Motion 1: That the Public Works Director and the City Clerk be authorized to proceed with the proposed vacation of an east-west alley south of Adell Street, between "I" Street and the 1-215 Freeway; and Motion 2: That Plan No. 12831 showing the proposed vacation of an east-west alley south of Adell Street, between "I" Street and the 1-215 Freeway, be approved. "' ., - ::J .5 ::;: '0 c: ::J o U to '" .... ~ ~ ~ o N ..:. '9 ~ ~ , '" ., - ::J c: ~ '0 c: ::J o U .. c: ., E J: " IV - < Mayor and Common Council of the City a/San Bernardino Page 9 f . P~~~~f';~: ~O Regular Meeting Minutes 5.B.b November 7, 2011 "' " - ::J l: =- '1) l: ::J o () to It> .... ~ ~ ~ Q N ..:. Q , ~ ~ '" " - ::J .5 =- '1) l: ::J o () ~ l: " E J: " .. - ;a: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Q. Public Works RES-2011-297 Resolution of the Mayor and Common Council of the City of San Bernardino Adopting the Five-Year Capital Improvement Program (2011-2016) for Measure "I" Local Expenditures Senior Deputy City Attorney Empefio advised that it had been determined that Council Member Jenkins does not reside within 500 feet of any project. Council Member Brinker stated that he would abstain from voting on Exhibit C because his home is within 500 feet of Project SS04-051 - Hunts Lane at UPRR ("Union Pacific Railroad") (Construct Grade Separation). That the Director of Finance be authorized to amend the FY 2011/2012 Budget reducing the funding amount allocated from Fund 129 (Measure I) for Street and Street Light Maintenance from $1,350,000 to $805,000 and to allocate an additional $545,000 toward Street and Street Light Maintenance from the unallocated balance of Fund 126 (Highway Users Tax Account) for a total amount of$4,165,000; and ADOPTED [UNANIMOUS) Chas A. Kelley, Council Member, Ward 5 Wendy J. McCarnmack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCarnmack RESULT: MOVER: SECONDER: AYES: Motion 1: RESULT: MOVER: SECONDER: AYES: Motion 2: RESULT: MOVER: SECONDER: AYES: That said resolution be adopted with Exhibits A and B; and ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Wendy J. McCarnmack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Motion 3: That said resolution be adopted with Exhibit C (Councilmember Brinker abstains). Mayor and Common Council afthe City of San Bernardino Page 10 f . p~d~T~~i ~1 Regular Meeting Minutes 5.B.b November 7, 2011 RESULT: MOVER: SECONDER: AYES: ABSTAIN: ADOPTED [6 TO 0] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack Tobin Brinker R. Public Works RES-2011-294 Resolution of the Mayor and Common Council of the City of San Bernardino Approving Amendment No.7 to Services Agreement with rCF Jones & Stokes for Provision of Professional Environmental Services for the Design of the Mt. Vernon A venue Viaduct Over the BNSF Railroad. Council Member McCammack noted that this was amendment #7 and questioned whether there had been a problem with the bid from the beginning. Robert Eisenbeisz, City Engineer, advised that Caltrans had additional requirements that required compliance, one of which involved completing the environmental assessment. Motion: RESULT: MOVER: SECONDER: AYES: NAYS: That said resolution be adopted. ADOPTED [6 TO 1] Fred Shorett, Council Member, Ward 4 Virginia Marquez, Council Member, Ward I Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson Wendy J. McCarnmack S. Public Works RES-2011-290 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing and Directing the Execution of a Grant of Easement to Southern California Edison Company Across City Owned Property Relative to Electrical Service for the Verdemont Community Center Located at Al Guhin Park. Motion: That said resolution be adopted. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCarnmack 'iil Cll - ::J I: :;; 'u I: ::J o U '" on .... :::. ~ ~ o N , .... <;' ~ ~ , 1Il Cll - ::J I: :ii 'u I: ::J o U .;.; I: Cll E .I: o '" ~ Mayor and Common Council of the City of San Bernardino Page 11 f' , ," ,,'n n" Packet Pg. 52 Regular Meeting Minutes 5.B.b November 7, 2011 T. Public Works RES-2011-291 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute and Administer the Contract with Southern California Edison Concerning the Use of Funds from the Flight 5.6 Strategic Plan: Local Government Strategies. Motion: That said resolution be adopted. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCarnrnack U. Public Works RES-2011-295 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of an Agreement and Issuance of an Annual Purchase Order with One One-Year Extension at the City's Option to Willdan to Execute and Administer the Contract with Southern California Edison Concerning the Use of Funds from the Flight 5.6 Strategic Plan: Local Government Strategies. Motion: That said resolution be adopted. RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Tobin Brinker, Council Member, Ward 3 Virginia Marquez, Council Member, Ward I Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack V. Public Works RES-2011-296 Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Cal Stripe, Inc., for Annual City-Wide Maintenance Services Contract for Traffic Striping and Pavement Marking (2011-2012), Special Provisions No. 11329. Council Member McCammack pointed out that this work used to be done by City crews. She asked if an analysis could be done of what this would have cost if City crews performed the work. City Manager McNeeely answered that if the Council wanted staff to do a comparative analysis, then they would do it. Ms. McCammack asked the other Council members for their input and the consensus was to ask staff to perform a comparative analysis of costs if City crews were to perform the work. en Q) - ::J .5 :;; 'u c: ::J o U '" on .... =- ~ ~ o N , .... o , ~ ~ <11 Q) - ::J c: :i 'u c: ::J o U ~ c: Q) E J: " '" - :a: Mayor and Common Council of the City a/San Bernardino Page 12 r f>;~~~~-;~:~ I Regular Meeting Minutes 5.B.b November 7,2011 Council Member Kelley verified that this contact was for striping and crosswalks and verified that the following locations should be included: . Northpark Boulevard going east from University Parkway - they did pavement rehabilitation and utility cuts and now need to paint School Ahead; . 48th and Little Mountain - crosswalks at all four crossings; . Kendall east of Fire Station - crosswalks restriped; . College Drive - stop bars need to be redone. Council Member Johnson stated that Mill and "E" Street needs to be restriped and marked. Council Member McCammack indicated that the curve on Valencia and Fremontia also needed marking. Motion: RESULT: MOVER: SECONDER: AYES: That said resolution be adopted; and that the City Manager be directed to provide the Council a comparative analysis of costs if City crews were to perform the work. Iii' ., - ::J .5 ::;: 'u c: ::J o U ADOPTED [UNANIMOUS] Fred Shorett, Council Member, Ward 4 Wendy J. McCammack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCarnmack '" It> ... ~ ~ ~ o <)I .... o . ~ ~ , 6. Public Hearings A. Human Resources Impasse Hearing - San Bernardino Fire Safety Employee Negotiations RESULT: MOVER: SECONDER: AYES: Ul ., - ::J c: ::i'] CONTINUED [UNANIMOUS] Next: 12/5/20111:30 PM Rikke Van Johnson, Council Member, Ward 6 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCarnmack 'u c: ::J o U .;.; c: ., E .s: u '" :l:I <( 7. Staff Reports A. City Manal!er RES-2011-299 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Request for Proposal for Municipal Code Codification Services. Public Comments: Matt Korner, San Bernardino, CA. Esther Jimenez, San Bernardino, CA. Motion: That said resolution be adopted. Mayor and Common Council of the City of San Bernardino Page 13 f . P~c'~~~ ';~: ~4 Regular Meeting Minutes 5.B.b November 7, 2011 RESULT: MOVER: SECONDER: AYES: NAYS: ADOPTED [4 TO 3] Fred Shorett, Council Member, Ward 4 Virginia Marquez, Council Member, Ward I Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson Robert D. Jenkins, Chas A. Kelley, Wendy J. McCammack B. Community Development Approval and Implementation of a General Plan Meeting Outreach Program by the Community Development Department. Motion: RESULT: MOVER: SECONDER: AYES: That the General Plan meeting outreach program be approved and the City Manager be directed to implement the program. TABLED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Fred Shorett, Council Member, Ward 4 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack C. Couucil Office Campaign Contribution Limits Public Comments: Matt Korner, San Bernardino, CA. Motion: That the matter be discussed and referred 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. RESULT: MOVER: SECONDER: AYES: NAYS: ABSTAIN: ADOPTED [4 TO 2] Rikke Van Johnson, Council Member, Ward 6 Virginia Marquez, Council Member, Ward I Virginia Marquez, Tobin Brinker, Fred Shorett, Rikke Van Johnson Robert D. Jenkins, Chas A. Kelley Wendy J. McCarnrnack D. Mavor's Office RES-2011-298 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Enter into an MOU with the South Coast Air Quality Management District, SCAQMD, to Support the Clean Community Plan. 'iil Q) - ::J .5 ::;: 'u l: ::J o () 0) It> .... ~ ~ ~ o N . .... c:;> ~ ~ "' Q) - ::J .5 ::;: 'u l: ::J o () .;..; l: Q) E J:: " '" :t: <( Mayor and Common Council afthe City afSan Bernardino Page 14 f' . '''''''^': Packet Pg. 55 Regular Meeting Minutes 5.B.b November 7, 2011 Casey Dailey, Assistant to the Mayor, gave a PowerPoint presentation titled, the Environmental Justice Partnership and Accomplishments. Penny Newman gave a PowerPoint presentation regarding Pollution in San Bernardino and submitted a booklet about The BNSF Intermodal Rail Yard, San Bernardino, CA, written by the CCAEJ in partnership with ENGAGE. She noted that the Center for Community Action and Environmental Justice has been around for 33 years. Dr. Barry Wallerstein, Executive Director of the South Coast Air Quality Management District (SCAQMD), made a presentation and spoke about the 2010 Clean Communities Plan. Council Member McCanunack noted that the proposed MOD indemnifies the SCAQMD, and the City should not be doing that, as each public agency should be responsible for its own legal issues. She stated that she would like to see that part of the agreement removed. Council Member McCammack made a motion, seconded by Council Member Jenkins, that the section of the MOD that indemnifies SCAQMD, be removed. (Note: Subsequently, Ms. McCammack withdrew her motion.) Council Member Johnson stated he would not support Council Member McCammack's motion. City Attorney Penman advised that normally the City would have a mutual indemnification clause. He suggested that the Council ask SCAQMD for mutual indemnification and approve the resolution contingent on that. Council Member McCammack withdrew her motion and requested that her colleagues ask for mutual indemnification. Motion: That said resolution be adopted. RESULT: MOVER: SECONDER: AYES: ABSTAIN: AWAY: ADOPTED [5 TO 0] Fred Shorett, Council Member, Ward 4 Virginia Marquez, Council Member, Ward 1 Marquez, Jenkins, Brinker, Shorett, Johnson Wendy J. McCanunack Chas A. Kelley 8. Public Comments on Items Not on the Agenda Ron Coats, San Bernardino, CA, spoke about the loss of a good friend who had ethics, morals, and values, something that many of the current Council members have lost. He stated that power can corrupt and actions speak louder than words-that politics has reached a new low in this city. ., CI) - ::l l: :i;j 'u l: ::l o U '" on .... ~ ~ ~ o <)l .... 9 ~ ~ '" CI) - ::l .5 :;; 'u l: ::l o U .;.; l: CI) E .s:: " '" - ;;{ Mayor and Common Council of the City of San Bernardino Page 15 f p~~~ii(~~: ~6 Regular Meeting Minutes 5.B.b November 7,2011 Roger Henderson, San Bernardino, CA, encouraged everyone to vote on November 8 and expressed his support of City Attorney Penman. Paul Sanborn, San Bernardino, CA, expressed his support of 7th Ward Councilwoman Wendy McCammack and City Attorney Penman. Leticia Anderson, San Bernardino, CA, member of the San Bernardino County Young Democrats, stated she was very disturbed by the slate mailer she received that indicated that Council Members Kelley and McCanunack and City Attorney Penman are Democrats in an effort to influence Democratic voters. She asked them to state their true parties as registered. Mark Westwood, San Bernardino, CA, Vice Chair of San Bernardino County Democratic Committee, spoke regarding the mailer sent out to mislead the public. He stated that Democrats do not endorse Republicans and those who "decline to state." He spoke regarding the dishonesty of Mr. Kelley, Ms. McCammack, and Mr. Penman in trying to lead people to believe that they are endorsed by the Democratic Party even though they are registered Republican, or in the case ofMr. Penman, registered as a "decline to state." Hayward Jackson, San Bernardino, CA, read Nehemiah 5 from the Bible. Velvet Rogers, San Bernardino, CA, stated that they need to stop the closure of the Caltrans Transportation Permit Office in San Bernardino. She distributed a petition to sign to keep this office open. Kelsie Cranford, San Bernardino, CA urged the Mayor and Council to contact the governor or representatives to request that they not close the Caltrans Transportation Permit Office in San Bernardino. Mrs. Olson, speaking on behalf of her husband, Scott Olson, thanked the Mobile Home Board for its decision regarding rent control. She stated that they will abide by the decision, but the issue has not been resolved and he will be back. Eufemia Reyes, Colton, CA, stated she wanted to bring to the forefront the bogus voter guide, which couldn't be further from the truth. The mailer gave the impression that the individuals are Democrats, when in reality Mr. Penman and Mr. Valdivia are both registered as "decline to state. " Danny Singleton, San Bernardino, CA, spoke regarding the "Right Thing to Do." He stated that Code tried to demolish his business, and he was told by Jim Penman that an investigation would take place. He demanded the immediate resignation of Jim Penman and Wendy McCammack for their cover-up of criminal activities and asked the Mayor and Council to make him financially whole. Esther Jimenez, San Bernardino, CA, stated that she had many family members and friends who participated with her in the San Bernardino Beautification Day clean-up of the city. She thanked the City Manager and Council Member Marquez, stating that she and her family were looking forward to the next project. She added that she was seeking the position of City Clerk and thanked the following newspapers for their endorsements: lECN Newspaper, Black Voice Mayor and Common Council afthe City of San Bernardino Page 16 f"""'" n" " Pac~e(Pg. 57 Ii) Q) - ::J .5 :;: 'u t: ::J o (,) '" on .... ~ ~ ~ <> N ,.:. 9 ~ ~ , en Q) - ::J t: :ii 'u t: ::J o (,) .;.; t: Q) E .t: " CIl :t: <( Regular Meeting Minutes 5.B.b November 7, 2011 News, and the Precinct Reporter. Anthony Montes, San Bernardino, CA, spoke regarding the misleading Democratic mailer, stating it was false and most of the candidates straight out lied. He stated that the City could save a lot of money if the City Attorney gave up his posse. He also noted that it is very rude that Mrs. McCammack is constantly talking and texting during the meetings. Frances Vasquez, San Bernardino, CA, reminded everyone that we have a vigilant press and are proud of our I" Amendment rights. She stated that the Precinct Reporter had a list of polling places in San Bernardino, or people could vote at the Registrar of Voters office. Bob Jenkins, San Bernardino Kiwanis Club, spoke regarding Beautification Day and asked if the City could sometimes consider another date other than a Saturday. Kelli White, San Bernardino, CA, stated that Ex Cons for Christ participated in the Beautification Day activities along with Young Visionaries. She thanked the City for providing them with an opportunity to be a part of the community. Nick Gonzalez, San Bernardino, CA, stated he was very disappointed to see the Mayor and Council showing the public how dysfunctional they have become. He stated that they disrespect each other and it is embarrassing. He expressed support for Gigi Hanna for City Clerk. Aaron Cox, San Bernardino, CA, stated that he has lived around San Bernardino for most of his life and bought a home here in 2009. He stated that this was the first Council meeting he had attended, that his father used to have an office in Central City Mall, and recounted a story of how his life was impacted by a previous mayor. Matt Korner, San Bernardino, CA, urged voters to put themselves in the mindset of a developer, retailer or new home buyer and ask whether they would invest in the City with the current people running the City; i.e., McCammack, Penman, and to a lesser extent, Kelley. He stated that we will never move forward as a City without change, and it's a sad situation. He encouraged residents to vote for David McKenna and Jim Mulvihill. Jim Smith, San Bernardino, CA, commended Council Member Marquez for talking about veterans and announced that on October 13 the Elks Lodge would have a nice Veterans celebration. He urged voters to support McKenna, Brinker, and Mulvihill. 9. A. New Business Resolution opposing the closing of the Caltrans Regional Transportation Office Motion: That the item arose after the posting of the agenda and there is a need to take immediate action. Mayor and Common Council of the City of San Bernardino Page 17 f . P;~k~~';~: ~B "' CI> - ::> .= :0 '(j c: ::> o (,) CD It> ... ~ ~ ~ o N . ... c:;> ~ ~ '" CI> - ::> c: :E '(j c: ::> o (,) +.: c: CI> E .c: " '" - <( Regular Meeting Minutes 5.B.b November 7, 2011 RESULT: MOVER: SECONDER: AYES: AWAY: Motion: ADOPTED [6 TO 0) Wendy J. McCammack, Council Member, Ward 7 Chas A. Kelley, Council Member, Ward 5 Marquez, Jenkins, Shorett, Kelley, Johnson, McCarnmack Tobin Brinker That the City Attorney draft a resolution in support of keeping the Caltrans Regional Transportation Office in San Bernardino. ~~....._-_.- ------ -~~----_....._--_........_-_..- ...----- ---..---..........---..---- -- ---.........------ RESULT: MOVER: SECONDER: AYES: ADOPTED [UNANIMOUS] Chas A. Kelley, Council Member, Ward 5 Wendy J. McCarnmack, Council Member, Ward 7 Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCarnmack ., Q) - ::> .5 :;: 'u " ::> o U 10. Adjournment The meeting adjourned at 9:26 p.m. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for I :30 p.m., Monday, November 21, 20 II. '" on .... ~ RACHEL G. CLARK, CMC City Clerk ~ ~ o N . .... "? ~ ~ . By: l/l Q) - ::> .5 :;: 'u " ::> o U Linda E. Hartzel Deputy City Clerk ""' " Q) E .s;: o '" - ::( Mayor and Common Council of the City afSan Bernardino Pagel8 f . p~~~~~';~: ~9