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HomeMy WebLinkAbout07-05-2011 Jt Reg Mtg Minutes1*1 U SH CITY OF SAN BERNARDINO 300N. `D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Vacant Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCanm ack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 5, 2011 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Pro Tempore Shorett at 1:32 p.m., Tuesday, July 5, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor Pro Tempore Shorett; Council Members/Commissioners Marquez, Brinker, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Mayor/Chairman Morris. Vacant: Second Ward. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation pursuant to Government Code Section 54956.9(a): 07/05/2011 Cl William Schneid v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1009217, Arnold Herrera v. City of San Bernardino, Officers Kim Hernandez, Devon Reid, Jesus Vega, and Sergeants Travis Walker and Robert Young - United States District Court, Case No. ED -CV -11-00204 VAP (OPx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A -F) of Government Code Section 54956.9: American Traffic Solutions v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. pE. 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 advised that the first two cases listed under Agenda Item No. lA would not be discussed during closed session. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence © A moment of silence was observed in memory of retired fire captain David Kreske, 2 07/05/2011 QInvocation/Pledge of Allegiance The invocation was given by Reverend Kenny Baker of Allen Chapel AME Church. The pledge of allegiance was led by Kaylene Zavala, a fifth grade student at Newmark Elementary School. 2. Reappointments - Jessica Hurst, Thomas G. Rennard, Marion Vassilakos - Board of Library Trustees - Mayor Morris Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the reappointments of Jessica Hurst, Thomas G. Rennard, and Marion Vassilakos to the Board of Library Trustees, as requested by Mayor Morris, be approved. The motion carried unanimously. 3. Proclamations & Presentations Mayor Pro Tem Shorett presented a proclamation designating the month of July as Parks and Recreation Month to Kevin Hawkins, Director of Parks, Recreation and Community Services, and members of his staff. 4. Announcements © Announcements were made by the Mayor, Members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated July 5, 2011, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 16, 2010; June 17, 2010; and May 2, 2011 (revised). The motion carried unanimously. 3 07/05/2011 Q7. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 29, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the personnel actions, as submitted by the Chief Examiner, dated June 30, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 9. RES. 2011-213 - Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the Annual Statement of Investment Policy for the period July 1, 2011 through June 30, 2012. OCouncil Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-213 was adopted unanimously. 10. ORD. MC -1356 - An Ordinance of the City of San Bernardino amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code), Commercial Districts, to permit movie theaters of four or more screens subject to a Conditional Use Permit in the Downtown Main Street Overlay District. FINAL READING (Continued from June 20, 2011.) Council Member/Commissioner McCammack stated that she is completely supportive of the downtown theater being successful, but she is not in support of preventing someone from putting a theater in other areas of the City; and this amendment allows for no more than three screens at any other theaters. Council Member/Commissioner Kelley stated that no one has championed downtown more than he has, but he is concerned about a monopoly—concerned that this ordinance would not allow any other movie theaters permitted elsewhere. He stated that if staff wanted to remove the provision that prevents ® other theaters from opening up multi -screen theaters in other parts of the 4 07/05/2011 ® community, then he would be happy to vote "yes," but otherwise he would have to vote "no." City Attorney Penman advised that at the last meeting he had stated that if this is such an important condition that we not allow any theaters to build anywhere else in the city with four or more screens, then we should wait and play that negotiating chip to the end and use that in the actual agreement that we are working on now with Regal Cinemas. The mayor had responded that all of the theater groups that had talked with the City wanted the same condition. Mr. Penman stated that if it is that important to every single theater developer, we should not just give it away until we are ready to sign on the dotted line. He stated that when dealing with something that is a deal breaker, something that your opponent really wants in a negotiation, you do not ever give them what they want until you get what you want. He added that there is more to it than that. It has been determined that there is another development agreement with the Inland Center Mall that had to do with their theaters, and his staff found this agreement since the first reading of this ordinance. He stated that that agreement makes it clear that the Inland Center Mall bulldozed a movie theater there some years in the past, and they entered into a development agreement, which he believes supersedes this ordinance and will supersede the development agreement we sign with whomever ends up O going in to do the movie theater downtown. It makes it clear that they have a vested right to develop a movie theater complex with more than four theaters. He stated that one has to ask if Regal and the other potential movie theater developers are so insistent that we pass this ordinance, and that part of their agreement with us be that there cannot be any other movie theaters of four screens or more, how is it that they were going to allow this to happen and is it because they did not know, which is probably the case. Mr. Penman advised that Agency Counsel Sabo stated that he had not recalled it until Mr. Empeno brought it to his attention. Mr. Sabo's written response to Mr. Empeno on June 24 stated, "My initial reaction is the same as that of Margo Wheeler and Terri Rahhal. The Inland Center Mall has a vested right which cannot be superseded by this latest action on Agenda Item No. 31." (Note: It was Agenda Item No. 31 on the previous Council Agenda for June 20; today it is Agenda Item No. 10.) Mr. Penman noted that the original agreement provided that the Inland Center Mall could not develop or promote theaters until two years had passed. He then continued, quoting from Mr. Sabo's correspondence, "The original two-year standstill of the Inland Center Mall was to give the EDA the opportunity to build a downtown cinema, which has been completed. I believe that the two-year oprovision is irrelevant at this time. The Inland Center Mall by reason of the 5 07/05/2011 ® prior development agreement would be an exception to the new development code amendment. " Emil Marzullo, Interim Executive Director of the Economic Development Agency, responded that they have been working on the Regal deal for six months and the issue of zoning protection is not a Regal issue; in fact, there is nothing before the Council that even says Regal. He stated that several companies responded to their RFP and each and every one of them requested/ demanded zoning protection; and they demanded that because we have a market that has a problem. We have a failed theater in the downtown, and we have a history of failed theaters in this city. The issue before the Council was taken almost verbatim—they used a template from a company in Folsom, California, and it was the #2 company that was here debating the theater deal, which was Cinema West. He stated that he understood, now that it has been brought up, that the Inland Center has a pre-arrangement—the Agency was just alerted to that last week. So if they were to come in now, 17 years after that agreement was put in place, and decide to put in a theater, he supposed they could do that; however, it was unlikely that they will. A theater failed there once and there is no demand to put one there again. He believes it is up to the Council to move forward. © Public Comments: Cheryl Brown, NAACP, San Bernardino, CA. V Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC -1356 was adopted with Kelley and McCammack voting "no." 11. ORD. MC -1357 - An ordinance of the City of San Bernardino amending Section 19.22.080 (7) of the San Bernardino Municipal Code (Development Code) to revise the application procedure for off-site electronic message center signage in redevelopment project areas. FINAL READING (Continued from June 20, 2011.) Council Member/Commissioner McCammack stated she would abstain because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be adopted. Ordinance No. MC -1357 was adopted with McCammack abstaining. 6 07/05/2011 © 12. ORD. MC -1353 - An ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts), Section 19.06.030 (2)(1)(1) of the San Bernardino Municipal Code (Development Code) related to service station standards. FINAL READING (Continued from June 20, 2011.) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be adopted. Ordinance No. MC -1353 was adopted unanimously. 13. ORD. MC -1358 - An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.06.030(2)(B) regarding alcoholic beverage sales activities. FINAL READING (Continued from June 20, 2011.) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC -1358 was adopted unanimously. 14. ORD. MC -1354 - An ordinance of the City of San Bernardino amending the San Bernardino Municipal Code (Development Code) by modifying definitions in Section 19.02.050 and parking standards in Section 19.24.040 and adding Chapter 19.63 to establish a procedure for requesting Q reasonable accommodation for individuals with disabilities. FINAL READING (Continued from June 20, 2011.) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be adopted. Ordinance No. MC -1354 was adopted unanimously. 15. ORD. MC -1355 - Ordinance of the City of San Bernardino amending Section 2.15.020 (Community Development) and repealing Chapter 2.78 (Code Compliance) of the San Bernardino Municipal Code. FINAL READING (Continued from June 20, 2011.) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be adopted. Ordinance No. MC -1355 was adopted unanimously. 7 07/05/2011 O16. RES. 2011-214 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the extension of Amendment No. 1 to the agreement with Tiburon Inc. of Pleasanton, California, approved by Resolution No. 2009-189. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-214 was adopted unanimously. 17. RES. 2011-215 - Resolution of the City of San Bernardino approving agreement with AKM Consulting Engineers to provide professional engineering services for preparation of a Comprehensive Sewer Master Plan (SW10-014). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-215 was adopted unanimously. 18. Public Hearing - Establish schedule of fees for the Crime Free Rental Housing Program © Resolution of the Mayor and Common Council of the City of San Bernardino establishing the schedule of fees for the Crime Free Rental Housing Program. 1*1 Note: No resolution was distributed with the backup materials. Mayor Pro Tem Shorett opened the hearing. Staff requested a continuance to the next meeting. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of July 18, 2011. The motion carried unanimously. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. (Continued from June 20, 2011.) 8 07/05/2011 QCouncil Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of July 18, 2011. The motion carried unanimously. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2011 through June 30, 2016. (Continued from June 20, 2011.) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of July 18, 2011. The motion carried unanimously. 21. An ordinance of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the contract between the Mayor and Common Council of the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System. © FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be laid over for final adoption. The motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor Pro Tempore Shorett; Council Members/Commissioners Marquez, Brinker, Kelley, Johnson, McCammack; Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: Mayor/Chairman Morris. Vacant: Second Ward. R22. Joint Public Hearing - Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and In - N -Out Burgers, Inc., a California corporation - Southeast corner of 5t° and H Streets (Central City North Redevelopment Project Area) (Continued Qfrom June 20, 2011.) 9 07/05/2011 © Resolution of the Mayor and Common Council of the City of San Bernardino consenting to a Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and In -N -Out Burgers, Inc., a California corporation - Southeast corner of 5`s and H Streets (Central City North Redevelopment Project Area). (R22A) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Disposition and Development Agreement by and between the Agency and In -N -Out Burgers, Inc., a California corporation - Southeast corner of 5`s and H Streets (Central City North Redevelopment Project Area). (R22B) Note: No backup materials were distributed. The hearing remained open. Emil Marzullo, Interim Executive Director of the Economic Development Agency, noted that staff was requesting continuation of Agenda Item Nos. R22, R25 and R26 because the governor had signed two bills on June 28 regarding Q redevelopment agencies and until the Mayor and Council take action on an Urgency Reinstatement Ordinance the Agency is not authorized to conduct most business including contracts, purchase orders, etc. U Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of July 18, 2011. The motion carried unanimously. R23. Homebuyer Assistance Program Report for the Quarter ending March 31, 2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Marquez, that the Community Development Commission of the City of San Bernardino receive and file the Quarterly Report of the Homebuyer Assistance Program activities for the quarter ending March 31, 2011 for the Redevelopment Agency of the City of San Bernardino. The motion carried unanimously. R24. 5' Street and Meridian Avenue Project ("Project") - Update of Project Activities 10 07/05/2011 © Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that the Community Development Commission of the City of San Bernardino receive and file the annual update of project activities of the 5' Street and Meridian Avenue Project for the Redevelopment Agency of the City of San Bernardino. The motion carried unanimously. R25. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Professional Services Agreement by and between the Agency and Joseph E. Bonadiman and Associates, Inc. ("Consultant") for professional design and engineering services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area). Staff requested a continuance to July 18, 2011. (See Agenda Item No. R22.) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of July 18, 2011. The motion carried with Kelley voting "no." © R26. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Professional Services Agreement by and between the Agency and Allwest Development Company, Inc. ("Consultant") for construction management services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area). Staff requested a continuance to July 18, 2011. (See Agenda Item No. R22.) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of July 18, 2011. The motion carried with Kelley voting "no." 27. RES. 2011-216 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the Fiscal Year 2011/2012 through 2015/2016 Capital Improvement Program. Council Member/Commissioner Brinker made a motion, seconded by Council Q Member/Commissioner Kelley, that said resolution be adopted with Exhibit A. Resolution No. 2011-216 with Exhibit A was adopted unanimously. 11 07/05/2011 OCouncil Member/Commissioner Marquez stated she would abstain from voting on the resolution with Exhibit B because she lives in the area; and Council Member/Commissioner Brinker stated he would abstain because he owns property within 500 feet of the Hunts Lane grade separation project. They left the Council Chambers and returned after the vote was taken. Council Member/Commission Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted with Exhibit B. Resolution No. 2011-216 with Exhibit B was adopted with Marquez and Brinker abstaining. Council Member/Commissioner McCammack stated she would abstain from voting on the resolution with Exhibit C because sbX Omnitrans is a business client. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted with Exhibit C. Resolution No. 2011-216 with Exhibit C was adopted with McCammack abstaining. 28. Public Comments © Pastor Ray Turner, Temple Missionary Baptist Chursh, San Bernardino, CA, and Cheryl Brown, speaking on behalf of Hardy Brown, editor of Black Voice News, stated that they were appalled at a flyer they had seen/received regarding the fire cadet program that had been unanimously approved at the previous Council meeting. Pastor Turner stated that the proponents should be terminated from City employment immediately, and Ms. Brown asked for a complete investigation, stating that the NAACP and the Black Voice News would not stand for this. U Fire Chief Conrad stated that the matter was being investigated with the help of the Police Department and the Council would be kept apprised of their findings. Judy Castorena, San Bernardino, CA, stated that she lives in Waterman Gardens and she supports the fire cadet program and anything that can be done to support their children should be done. Bill Sandefur, San Bernardino, CA, spoke regarding code issues at Meadowbrook. 12 07/05/2011 x Me Terry Stoller, Diamond Bar, CA, president of the California Area Local Postal Workers, spoke regarding the proposed closure of the Orange Show Lane post office and requested that the Council contact the postal service to preclude them from taking such action. Council Member/Commissioner Johnson asked Mr. Stoller if he had a resolution regarding the matter. Mr. Stoller stated that he did not, but that he would get one and send it to Mr. Johnson. Owen Mobley, San Bernardino, CA, stated that he lives on Northpark Boulevard and the pine trees, which are very large, need to be removed because they are lifting the roadway. 29. Adjournment The meeting adjourned at 6:03 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, July 18, 2011. RACHEL G. CLARK City Clerk By: Gn Linda E. Hartzel Deputy City Clerk 13 07/05/2011