HomeMy WebLinkAbout07.A- City Clerk
7.A
DOC ID: 1651 A
CITY OF SAN BERNARDINO - REQUEST FOR COUNCIL ACTION
Council Minutes
From: Georgeann "Gigi" Hanna
MlCC Meeting Date: OS/21/2012
Prepared by: Sabdi Sanchez, 909 384-5002
Dept: City Clerk
Ward(s): N/A
Subject:
Council Minutes (At Meeting of March 19, 2012, Item Continued to April 2, 2012; Item
Continued to May 7, 2012; Item Continued to May 21,2012.)
Financial Impact:
No Cost to the City
Motion:
Approve the minutes of the Mayor and Common Council and the Mayor and
Common Council acting as the Successor Agency to the Redevelopment Agency
meetings of March 5, 20]2, February 21, 20]2, December ]9, 2011, and
November 21, 20]], as submitted.
Supportinl! Documents:
02-21-2012 Minutes (PDF)
]2-]9-2011 Minutes (PDF)
11-21-20] I Minutes (PDF)
03-05-2012 Minutes (PDF)
Updated: 5/8/2012 by Linda Sutherland 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
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE MAYOR AND COMMON COUNCIL ACTING AS
THE SUCCESSOR AGENCY TO THE REDEVELOPMENT AGENCY
OF THE CITY OF SAN BERNAJ.U)INO
TUESDAY, FEBRUARY 21, 2012
COUNCIL CHAMBERS
The Joint Regular Meeting of the Mayor and Common Council and Community Deve]opment
Commission of the City of San Bernardino was called to order by Mayor Morris at 1 :39 p.m.,
Tuesday, February 21, 20]2, in the Council Chambers, 300 North "D" Street, San Bernardino,
CA.
Call to Order
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Robert D. Jenkins Council Member, Ward 2 Present
.___~.__."_..._._,___..,._.._.._.._._..~._,~...".. 'm,.....__~... .__...._~...___~_._..~.__..,.,,~._.___"'........_..___m......_.,.____, ...._.______......~.__.._ _.,....._..___......~_._.".,,_
Tobin Brinker Council Member, Ward 3 Present
. Fred -Sh~-;:eti-'" ....---...--.---....- counciiM;;;;-b;~:\Vard'4""'''''''P~esent'''' .-....-.--....
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Rachel G. Clark Cit Clerk Present
1. Closed Session
Pursuant to Government Code Section(s):
A. Conferellce with legal counsel - existing litigation . pursuant to Government Code
Section 54956.9(a):
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MayoI' and Commati Council ofrhe City a/San Bernardl/1O Page 1
Joint Regular Meeting Minutes
Allen. J. A.. et a!. Y. City. et al. - USDC CY09-13 88 JLQ (JCx);
Ballard. Monica Y. City. et a!. - USDC CYIO-02769DMG (AJWx);
!1.A.a
February 21, 2012
Barnes. Yvonne. et a!. Y. City. et a!. - CIYSS 807102;
Briones. Hector. et a!. Y. City. et a!. - USDC CIVIO-757ICBM (Opx);
Brown. James J. Y. City. et a!. - CNDS 1007751;
Darrett. Ravnard Y. Y. Honeycutt. et a!. - CrvDS 1102678;
E. C.. a minor. by and through his Guardian ad litem Maria Chacon Y. City. et al.- USDC
CYII-02919 CAS (DTBx);
E.M.W.. a minor. et a!. Y. City. et al. - CIYDS 1110870;
Ellison. Nykisha Mone. et a!. Y. City. et a!. - CrvDS 1005001;
Glen Aire Mobilehome Park Comoration. Pacific Palms Mobilehome Park Comoration.
Friendly Village Mobilehome Park Comoration. Orangewood Mobilehome Park
Comoratlon. and California Mobilehome Park Comoration Y. The City of San
Bernardino. the City of San Bernardino Mobile Home Rent Board. the City of San
Bernardino Economic Deyelopment Agency. the City of San Bernardino Hearing Officer.
Donald P. Cole. and Does I-50 - San Bernardino County Superior Court, Case No.
CrvDS -1114110;
Joaquin. Francisco Yoyani Sanchez v. City. et a!. - USDC CYIO-7138CAS (RCx);
Markham. Terrell. et a!. Y. City. et al. - USDC CY09-08455 ODW (DTBx);
May. Cedric Sr.. et a!. Y. City. et a!. - USDC CYIO-00978 YAP (DTBx);
Benny Medina Y. City of San Bernardino. W.C.A.B. Case No. ADJ4202076;
Meiia. Maria D.. et a!. Y. City. et a!. - USDC EDCYII-00452 YAP (DTBx);
Monroe. Monica et a!. Y. City. et a!. - USDC CY09-04354 CAS FMOx;
Munoz. Jose Y. City. et a!. - CIYDS 1110863;
Nash. Terry. Estate Ory. City. ef al. - USDC CY09-08671 RGK (FFMx);
Parker Donnayan Y. City. et a!. - CIYDS 1013471;
Quiroga. Rogelio G. Y. Officer J. Betts. et a!. - USDC EDCYII-02029 YAP (DTBx);
Renter. Rovinski Y. City. et a!. - USDC CY 11-07222 GAF (CWx);
Rey. Michael Anthony. et a!. Y. City. et a!. - CrvDS 1009578;
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Mayor and Common Council of the City of San Bernardino
Pagel
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7.A.a
Joint Regular Meeting Minutes February 21, 2012
Robinson. Billv Rav v. San Bernardino Police Dent.. et al. - USDC EDCV 11-01205
RGK (AGR);
Samatua. Mekione. et al. v. City. et al. - CNDS 917832.
B. Conference with legal counsel - anticipated litigation - significant exposure to litigation -
pursuant to subdivision (b) (I), (2), (3) (A-F) of Govemment Code Section 54956.9.
C. Confereuce with legal counsel - anticipated litigation - initiation of litigation - pursuant to
subdivision ( c) of Government Code Section 54956.9:
City v. General Insurance Corp., et al.
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 -
pursuaut to Government Code Section 54957.
F.
Conference with labor negotiator - pursuant to Government Code Section 54957.6:
Fire Safety
General Unit
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
Reading of Resolutions and Ordinances
Deputy City Clerk Hartzel read into the record the titles of all resolutions and ordinances on the
agenda of the Mayor and Common Council and Mayor and Common Council Acting as the
Successor Agency to the Redevelopment Agency.
Moment of Silence
A moment of silence was observed in memory of Anthony "Tony" Trozera.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Petra Malleis-Sternberg of the First Congregational
Church of Clnis!. The pledge of allegiance was led by Alex Brinker.
2. Appointments
A. Mavor's Office
Appointment of Roxanne Treyjno to the Parks & Recreation Commission - Council
Member Marquez
Motion:
Approve the appointment of Roxanne Trevino to the Parks & Recreation
Commission as requested by Council Member Marquez.
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Mayo'- alld Common Council of the City a/Sail Bemardino
Page 3
"-
I'L~!t G. ..::~:I
Joint Regular Meeting
7.A.a
Minutes
February 21, 2012
___._________~_~,___.~__~~__~__...._ --~--,-,__."_.__~__ -~,-,,---.----~--~..,-.------.---.-.-----c,'-"-~....,...~,:7--C',-.--
RESULT: ADOPTE~ [UNANIMOUS] "
)\'IOYER: Wendy i. McCarrtmack, Council'M~befi Ward 7
SECO~DER:, 'ChaS A. Kelley, Coun~il Men:be~, Wm:d 5 ,
AYES:' MarqUez, Jenkins,'Brinker, Shorelt;'K:elley, Johnson, McCammack
.,'.........,.."....'-"., ....,
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B. Mavor's Office
AppoinUnent of Michael "Skip" Schneider to the Board of Fire Commissioners - Council
Member Marquez
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Approve the appointment of Michael "Skip" Schoeider to the Board of
Fire Commissioners as requested by Council Member Marquez.
ADQPTE])fONANIMOUS] ,
: ,,:'::,,.:,::-,:' ':',',,':;:-;;:":':'
Wendy J, Mcqarilmack, Councll Member, Ward 7
, ChaB' A. KeBey, Council Member, Ward 5
Marquez, Jenkins, Brillker, Shorelt, Kelley, Johoson, McCammack
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C. Mavor's Office
Appointment of Donna P. Howard to the Senior Affairs Commisison - Council Member
McCammack
Motion:
RESULT:
MOYER:
SECONDER:
AYES:
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Approve the appoinUnent of Donna P. Howard to the Senior Affairs
Commission as requested by Council Member McCammack.
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ADOPTED [UNANIMOUS]
Wendy J, McCammack, Council'Member, Ward 7
Chas A. Kelley, Council Member, Ward 5
. ..'.........,....;;'<>':..,:..':'i":.':.::', '::: ':,' ,
Marquez, ~eIikin~, Bti'l1ker,Shorelt, Kelley, Johoson, McCammack
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3. Presentations
A. Presentation to Middle Grade Educator of the Year by Conncil Member Brinker
Council Member Brinker presented the Middle Grade Educator of the Year A ward to
Diane Bonjour, an 8th grade science teacher at Arrowview Middle School.
B. Presentation to Third Ward Commissioners by Council Member Brinker
Certificates of Recognition were presented by Council Member Brinker to the following
comnllSSlOners:
. Willie Brae - Senior Affairs Commission and Community Development Citizen
Advisory Committee
. Janise Bush - Human Relations Cohnnission
. Jim Eble - Board ofPoHce Commissioners and Planning Commission
Mayor and Common Council of the City of Sail Bernardino
Page 4
"l;illl~~kl"
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February 21, 2012
Joint Regular Meeting
Minutes
C. Speech by Couucil Member "Br;uhr
Council Member Brinker presented. leaving office speech.
D. Citizen of the Month Award presented by Council Member Kelley
Council Member Kelley presented the Citizen of the Month Award to Cheryl Ashley in
recognition of the volunteer work she performs reading to young children.
E. Student ofthe Month Award presented by Council Member Kelley
The Student of the Month Award was presented to Emma Ward, an honor student at
Cajon High School, by Council Member Kelley.
F. Presentations to Council Member Brinker and City Clerk Clark
Mayor Morris presented Council Member Brinker with a Resolution of Commendation in
recognition of his service as a council member representing the Third Ward.
City Clerk Clark was presented a Resolution of Commendation by Mayor Morris in
recognition of her many years of service as city clerk for the City of San Bernardino. She
was also presented a bouquet of flowers by close friend and fellow employee, Velia
Marquez, and a bouquet from Gail McThomas, representing the San Bernardino Class of
1964 Reunion Committee.
G.
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.
5.
Consent Calendar
A.
Citv Clerk
Waive Full Reading of Resolutions and Ordinances
Motion:
Waive full reading of resolutions and ordinances on the regular agenda of
the Mayor and Common Council dated February 21,2012.
-.~.,.-.,,~~~_.~_. ~-_.,~-'._-------_.-
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [UNANIMOUS]
'. . , . . ". ... ;'. .::: '...' .<' '. .: . :, :: . . '. :; ~:,'. : .. " ': ..... '.
Fred Shorett, Council Member, Ward 4
Chas A. KeIley, Council Member, Ward 5
Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack
..__.._,_.________~__ ^ __.~__.__"__~~_"__^'___'"__'."_'__~_';...__n____"'_'_.__~_~________.___.____~____.~_.___._,_.'_...__.__._
B. Citv Clerk
Council Minutes
Motion:
Approve the minutes of the Mayor and Common Council/Community
Development Commission meetings of December 5, 2011, January 18,
2012, and January 23, 2012, as submitted.
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Mayor alld Common Council of the City olSan Bernardino Page 5
Joint Regular Meeting
Minutes
1:A.a
February 21, 2012
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RESULT:
MOVER:
SECONDER:
AYES:
C. City Clerk
;,.',......;'....; , -.:'.i'i::"
ADOPT)f.D [UNANIMOUS] . . '
Fred Shorelt, Council Membe~, Ward 4.
Chas A. iKellex, .CounCil Member, War~.5. . .
, i.. : :: ;'" I : ;- . : ': ;. ::, : ',;:", :.. :: . : . ..':. '. '. ~ : ' ',,':: : I:.:"
Marquez, J enkh,s, Brinker, Shorett, Kelley, Johnson, McCammack
RES-2012-25 Resolution of the Mayor and Common Council of the City of San
Bernardino, California Reciting the Facts of the General Municipal Election Held on the
7th day of February 2012, Declaring the Results Thereof and Setting Forth Such Other
Matters as Are Allowed by Law.
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt Resolution.
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ADOPTlf,D. [tJNANIMOUS]
Fred Shorett, Council Member, Ward 4
Chas A. Kelley, Council Member, Ward 5
- .' :: ::: ~ : : .': ::': ' i :: : . '. . .. .'. '. . ..::. . .
Marquez; Jenkins,. Bripker, Shorett, Kelley, Johnson, McCammack
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D.
Civil Service
Personnel Actions - Classified
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Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Approve and ratify 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
Bemardino.
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ADOPTED [UNANIMOUS]
Fred Shorett, Council Member, Ward 4
Chas A. Kelley, Council Member, Ward 5
Marquez, Jenkins, Brinker, Shoreh, Kelley, Johnson, McCammack
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E. Finanee
Approval of Commercial Checks and Payroll Checks
Motion:
Approve the claims and payroll and authorize the issuance of warrants as
listed.
RESULT: ADOPTED [tJNANIMOtJS]
MOYER: . Fred Shorett, Council Member, Ward 4
SECONDER: Chas A. Kelley, Council Mwuber,Wj\rd 5
AYES: . Marquez, Jenkin~, B~inker, Sliorett,~elley, JohnsQh, N1cCarhmack
t..-.....;..;.:.::.....:._~,..._,'___.~"'_~~,;..;.;.:~L.:.....:....c;..;.;.',:.:~l.:......:''_~~;.;~.:.._'__~:::::.l...:c,1.~"",:i:..cL:...:..:...:.:..:.;..;.;.:~i;:..:~~.:!...."____~,__'___.-----.-...:,~~.~__....:........._"c,~_..:_..::::._''___'_~~.,_"._____
Mayor and Common Council of the City of San Bernardillo Page 6
Joint Regular Meeting
Minutes
I 7eA-.
February 21, 2012
F. Human Resonrces
Personnel Actions - Unclassified
Council Member Shorett stated that he could not support Personnel Action #2, the
appointment of a Management Analyst III Assistant to the City Manager. He stated that
he did not see the need to hire this position until it is determined what is going to happen
with the Economic Development Agency employees.
Council Member McCammack agreed with Mr. Shorelt, stating that she would like to see
the item continued for two weeks. She also questioned the number of assistants working
in the City Manager's office.
Motion:
Substitute
Motion:
Substitute
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Council Member MeCammack made a motion, seconded by Council
Member Jenkins, to continue Personnel Action #2 to March 5, 2012. (No
vote was taken at this time.)
Council Member Shorett made a motion, seconded by Council Member
McCammack, to approve Personnel Actions # I and #3, and continue
Personnel Action #2 to March 5, 2012. (No vote was taken.)
Approve and ratify unclassified Personnel Actions #1 and #3, as
submitted by the Director of Human Resources, in accordance with City
and Community Development Commission policies and procedures.
ADOPTED [UNANIMOUS]
Rikke Van Johnson, Cquncil Member, Ward 6
Chas A. Kelley, Counci.1 Member, Ward 5
Marq\lez, Jenki)ts, Bhnker, Shorett, Kelley, Johnson, McCammack
;"" .'
.--.-..-...--...---.--,."'-----------. - - -- - - _.,-..-- .""-,-,,,_..- " ._.~-----_._-~._~._._--
Original
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:
Motion:
Substitute
Motion:
Continue Personnel Action #2 to March 5, 2012.
FAIUD [3 TO 4]
Wendy.J. McCamhlack, Council Member, Ward 7
Robert D. Jenldns, Co\\ncil'Meniber, Ward 2
RobertD. Jenkins, ToliiilBrinker,Wendy J. McCammack
':';:::":;',.::: i'-';. <':i:,:j,:::,>. .'.., ,"";.::' .:.... ',' .
Virginia Marquez, Fred ~hotett, Chas A. Kelley, Rikke Van Johnson
Council Member Johnson made a motion, seconded by Council Member
Kelley, to approve Personnel Action #2. (No vote was taken at this time.)
Table Personnel Action #2.
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MaYOl' and Commoll Council of the City of San Bel'llardulo
Page 7
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!'Ri!ll ~.s tJ.~~HI
Joint Regular Meeting
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Minutes
7.A.a
February 21, 2012
,RESULT: "
MovER:
SECONDER:
AYES:
NAYS:,
- ABSTAIN:
FAILED [2'1'04] ,-
Fred Shorett, Council Member, W ard ~
Wendy J, McC~ack, Council-Member; Ward 7
Fred Shorett, Wendy J. McCammack
Virginia Marquez, Rober'( D. JeDkins, Chas A. Kelley, Rikke Van Johnson
- Tobin Brinker
_~.~~':'.:.:..c_~-"~.:..c~_"--'-~:"'~_;;"_~____..:..._._.-'-___."__""":"'___.___-'~._.~--,-____"_-",-__,_,_._:",__",-,-__."-,-_."","~~_c__..:-,,-,~:~:~___o-_",-,-~;.,_~".,."._":"'~__,_.'-'_---'--',;.;..".
Original
Motion:
RESULT:
MQvER:
SECO~DER:
AYES:
NAYS:
ABSTAIN:
Approve Personnel Action #2.
FAILED [3 TQ 3] ,
Ril9<~ V;an Johnson; Couilcil Member, Ward 6
, C\1as A: Ke)iey, CoUncil Member, Ward 5
Virginia Marqu~z, Chas Joe Ieelrey; Rikke ~an Johnson,
RobertO. Jenkins, Fred Shor~lt: Wendy J. McCamm'lCk
Tobin Brinker
G.
Information Technolol!v
RES-2012-26 Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement and Issuance of a Purchase Order
to Time Warner Cable for Direct Internet Service.
Council Member McCammack suggested extending the contract on a month to month
basis and going out to bid on the item. Following a short discussion of the information
contained in the staff report the vote Was taken to adopt the resolution.
Motion:
RESVLT:
MOVER:
SECONDER:
AYES:
H. Police
Adopt Resolution.
.' ADOPTl'D [UNANIMOUS]
Tobin Bnnker;Council.Member, Ward 3
: ,",: ,', .........,..':-.:..:.....'........-. ...
Rohert D. Jenkins, Council Member, Ward 2
Marquez, Jenkins, Brink~r, Shorelt, Kelley, Johnson, McCammack
RES-2012-27 Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the City Manager to Execute Animal Control And/Or Housing
Agreements by and Between the City of San Bernardino and the Cities of Fontana,
Colton, and Loma Linda for the Period of July I, 2011 through June 30, 2014, and
Ratifying Actions Taken Between July I, 2011 to the Date of Execution of the Contracts.
Motion:
Adopt Resolution.
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Mayor and Common Council of the City of San Bernardino Page 8
Joint Regular Meeting
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Minutes
l.A..
February 21, 2012
RlJ:S VLT:
)VIQVER:
SECONDER:
AYES:
. I. Police
ADOPTED lUNAi'.,MOUS) :
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Fred Shorelt, Co\mClI Me!pb~r,Ward.4 ,
Chas A. K,ll,y, CquncilMeiilber, Ward 5
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Marquez, Jenk:iris','Brinker, Shorett'; Kelley, Johnson, McCarnmack
RES-2012-28 Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Execution of an Agreement with the California Highway
Patrol to Use the City of San Bernardino Police Department's Firing Range
Motion:
Adopt Resolution.
RESULT:
MOVER:
SEct)NDER:
AYES:
ADOPTED [U~ANIMOUS]
Fted Shorett, ,Council Member, Ward 4
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GlIas A. K:'ell,y, Couriell Member, Ward 5
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Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCarnmack
J.
Police
RES-2012-29 Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Finance Director to Amend the FY 2011-12 Police
Expenditure and Revenue Budgets by Transferring $189,000 from the Evidence Impound
Trust Account (#772-212-2326) for Law Enforcement Equipment, Management
Software, Legal Consultant and Training.
Council Member Johnson stated that he believed that a critical step is being missed
because of the history of police liability cases. He stated that he felt that the depaltment
needs to undergo an independent outside look into the operating procedures before the
steps outlined in the agenda backup are taken. Therefore, he could not support this item.
Motion:
RESULT:
MOVER:
SECONDER:
AY~S:
NAYS:
Adopt Resolution; and authorize the Director of Finance to amend the FY
2011-12 Police budget as follows: transfer $189,000 from the Evidence
Impound Account No. 772-212-2326 to the Police Miscellaneous Receipts
Account No. 001-210-0000-4740 and increase the Police Patrol Capital
Outlay Account No. 001-210"0078-5704 by $189,000.
APQPTED[6TOl] '.
Wendy J. McCarnmack; .Counyil Member, Ward 7
Chas A. Kelley, ,Council Memb~r" Ward 5
l\iarquez,Jenkins, BrinkCfr, Shorett, Kelley, McCarnmack
R.!1cl<:e Van Johnson
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Mayor and Common Council oftlie City of San Bernardiflo
Page 9
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Joint Regular Meeting
K. Public Works
Minutes
7.A.a
February 21, 2012
RES-2012-30 Resolution of the Mayor and Common Council of the City of San
Bemardino Awarding a Contract to B & T Works, Inc., for Culvert Repair at Base Line
Street and Medical Center Drive, Per Plan No. 12842 (SO 12-001).
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt Resolution.
ADOPTED \liNANlMOUSj .
Chas A: K6lley, Council Member, Ward 5
Rikke Van Johnson, Council Member, Ward 6
Marquez, Jenkins,.'Brinker, Shorett, Kelley, Johnson, McCammack
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L.
Public Works
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RES-2012-31 Resolution of the Mayor and Common Council of the City of San
Bernardino Rejecting Bid RFQ F-12-03, Pursuant to Section 3.04.070(E) of the
Municipal Code for the Purchase of Traffic Siglls and Sign Materials.
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
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Adopt Resolution.
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ADOPTEII [UNANIMOUS]
Fred Shoreit, Council Member, Ward 4
Chas A. Kelley, coun,ciHvlember, Ward 5
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Marquez, Jenkins, Brinker,.ShWett, Kelley, Johnson, McCammack
Committee Consent
A.
Citv Mana!!er
Discussion and Possible Action of the Mayor and Common Council to Authorize City
Staff to Pursue the Potential of Establishing a Public Access Defibrillator Pilot Project in
City Hall.
A memorandum from City Manager MCNeely to the Mayor and Common Council dated
February 21, 2012, regarding the Public Access Defibrillator Program, was submitted
into the record. Said memorandum outlined the following three options:
Option I:
Option 11:
Option III:
Additional CPR Training Only
Phased in Approach
Bid and Select
Deputy Fire Chief Drasil advised that the average number of incidents at City Hall for the
past 10 years has been five incidents per year, with two per year being cardiac related.
Mayor and Common COUI/cll afthe City of Sail Bernardino
Page J 0
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Joint Regular Meeting
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Minutes
7.A.a
February 21, 2012
To approve Option III, Bid and Select. (Note: It was suggested that staff
look for grant opportunities to help defray the cost.)
ADOPTED [UNANIMOUS]
Fred Shorett, 'Couhcil MClhber, Ward 4
. Wendy J. McCammack, Council Member, Ward 7
Marquez, JeIilQns, Brinker, Shorett, Kelley, Johnson, McCammack
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B. Fire
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RES-2012-32 Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the San Bernardino City Fire Department to Apply for the 2011
Staffing for Adequate Fire and Emergency Response (S.A.F,E.R.) On-Line Grant
Application to be Submitted to the Department of Homeland Security Federal Emergency
Management Agency.
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt Resolution.
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ADOPTED. [UNAN;:MOUSj
Virginia Marquez; Cduncil Member, Ward 1
Tobin Brinker, Council Member, Ward 3
Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack
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7. Public Hearings to be Heard at 4:00 p.m.
A. Citv Clerk
RES-2012-33 Resolution of the City of San Bernardino Imposing Liens on Certain
Parcels of Real Property Located Within the City of San Bernardino for Uncollected
Business Registration Fees.
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Mayor Morris opened the hearing.
Public Comments:
Albert Green, 3034 Belle Street, San Bernardino, CA, stated that he had intentionally
not paid his business registration fees because he was unhappy about a tree that the City
needs to remove because the roots have broken his pipeline. He was trying to make a
point that they were relentlessly pursuing him to pay these fees, but he has been trying to
deal with the City for over a year and a half in trying to get that tree rClOoved.
City Clerk Clark mentioned that there had been an article in The Press Enterprise with a
headline stating, Fee Skipping Could Lead to Liens. In particular, they identified two
locations, Target and Leisure Pointe, that owed a substantial amonnt of business
registration fees. She stated that she wanted to clarify that that was not correct-that it is
the commercial property owner where those two sites are located that owe the fees. She
added that the property owner at 1371 Parkside, where Leisure Pointe is located, has said
Mayor and Common Council of the City a/Sail Bernardino
Pagel)
Joint Regular Meeting
Minutes
February 21, 2012
they will be mailing in their payment. Howe';.r, she wanted to make it clear that it is not
Target and it is not Leisure Pointe who oWe the fees.
Council Member McCammack stated that she had received a call from #35 on the list
stating that they had mailed in their payment on February 8, yet they were still on the list;
and also questioned how many were not on the list that should have been. She
questioned why the Million Air facility at the airport and all the other entities that do
business with the Airport Authority and the Inland Valley Development Agency were not
on the list.
Ms. Clark stated that she would have to check with her staff. She advised that they
started with 219 properties that were originally listed and several have been removed; and
an updated list was distributed this morning. She noted that #35 had been removed from
the list. Later in the meeting, Ms. Clark reported that Million Air had paid their fees.
Motion:
Close the hearing; direct the City Clerk to administratively remove any
properties from Exhibits "A" & "B" which have been paid prior to the
hearing; and adopt Resolution.
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED [Ul~ANIMQUS]
Tobin Bri~ker, Council Member, Ward
Fred Shorett, Council Member, Ward 4
Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack
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B. Public Works
Resolution of the Mayor and Common Council of the City of San Bernardino Finding
and Determining the Existence of Less Than a Majority Protest, that Ballots Submitted in
Favor of the Assessment Exceed the Ballots Submitted in Opposition to the Assessment
and that the Public Convenience and Necessity Require the Maintenance of Landscaping,
a Detention Basin and StOlm Drains in the Tippecanoe Avenue and Central Avenue Area,
Approving the Final Engineer's Report, Creating an Assessment District to Cover the
Costs of Said Maintenance, Known as Assessment District No. 1068, Ordering the Work,
Confirming the 2012-2013 Assessment Roll, and Determining that the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931 Shall Not Apply.
The hearing remained open.
Mayor Morris announced that staff had requested that the hearing be continued to the
Council meeting of March 19, 2012.
Motion:
To continue the hearing to March 19, 2012.
7.A.a
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Mayor and Common Council of the City of San Bernardillo
Page J 2
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Joint Regular Meeting
Minutes
I TAa
February 21, 2012
C. PtiblicWorks
Resolution of the Mayor and Conunon Council of the City of San Bernardino
Authorizing and Directing the Execution of a Landscape Maintenance Services
Agreement Relative to the Proposed Assessment District No. 1068 (Tippecanoe Avenue
and Central Avenue Area Landscape, Detention Basin and Storm Drain Maintenance
Assessment District).
Mayor Morris opened the hearing.
The Mayor announced that staff had requested that the hearing be continued to the
Council meeting of March 19,2012.
Motion:
To continue the hearing to March 19,2012.
8.
Staff Reports
A.
City Manal!er
Oral Presentation Redevelopment Agency Transition
City Manager McNeely provided an overview of what has been done and what is being
planned regarding the Redevelopment Agency transition. He advised that a Transition
Committee had been established with the major task being the wind down of the Agency
and the transition issues associated with all the programs, projects and services heretofore
managed by the Agency.
Assistant City Manager Travis-Miller stated that eight subcommittees had been
developed and some had already started meeting, and they have a large task ahead of
them. For instance, there is a personnel conunittee that will deal with all employee issues
related to this transition.
Emil Marzullo, Interim Executive Director of the Economic Development Agency, spoke
briefly regarding EDA projects. He stated that they have been actively working projects
through the Economic Development Corporation (EDC) since last year, but they are
winding down. He advised that most projects, if not all, will be completed within 6-9
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Mayor and Common Councll of the City afSan Bernardino
Page 13
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Joint Regular Meeting
Minutes
1.A.,.
February 21, 2012
months.
Ms. Travis-Miller noted that there are many legal issues, which are being addressed by
Stephanie Easland, Senior Assistant City Attorney; Agency Counsel Tim Saba; and
Attorney Elizabeth Martyu.
Mr. . McNeely stated that the goal of the committee is to bring back to the Mayor and
Common Council not later than April I, a packet that will contain a series of
recommendations concerning projects and programs, staffing and financing to continue
some of those projects, and a legal analysis to support the recommendations. The report
will also include the status of necessary audits and close-out of the hooks.
Relative to housing assets, it was noted that all of the housing assets are under the
Housing Authority under the Successor Agency. The Economic Development
Corporation does not own any housing assets.
City Attorney Penman advised that when this process started there were a lot of different
ideas about what could be done and could not be done legally. He stated that Agency
Counsel Tim Saba and the City Attorney's office got together and they came up with a
memo that he thought most of the Council received last week explaining what they
believed the legal status to be. At that time, the Mayor requested that they obtain a
second opinion and suggested the firm of Liebert and Cassidy, one of the notable law
firms that deals with personnel issues.
He stated that earlier in the day the report from Liebert and Cassidy had been distributed,
and it agrees with the legal analysis of Mr. Saba and the City Attorney's office on all
points in terms of the successor agency's role (that it's not a separate entity for any
purpose, with the possible exception of liability), and that we want to keep the EDA
employees who are transferred over as at-will employees. He stated that the way to do
that is to bring them onboard under rule 502(b), which the Liebert Cassidy report
specifically states. That is one rcason they distributed a revised document for Agenda
Item No. lOB, that has a slightly different motion than what is on the staff report.
No action was required on this item.
B. Council Office
Appointment to the San Bernardino Economic Development Corporation (SBEDC).
It was noted that Council Member Johnson had resigned from the San Bernardino
Economic Development Corporation; therefore, a replacement appointment needed to be
made.
Motion:
To appoint Council Member Kelley to the San Bernardino Economic
Development Corporation.
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Mayor and Common Council of the City of San Berllardino
Page 14
r~!
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7.A.a
Joint Regular Meeting
Minutes
February 21, 201 2
~;UL1:: ~"~Oirjti)(~NX;.MO~S]-- -~-------------.
MOVltR: . VitgitiiaMarquez, C~unciJ Member,Ward 1
SECONDER: Tobin Brillicer, Council Member, Ward 3
AYES: .. Marquez, Jenkins, Brillicer, Shorett, Kelley, Johnson, McCammack
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C. CoundlOffiee
RES-2012-34 Resolution of the Mayor and Common Council of the City of San
Bernardino amending Resolutions No. 2010-266 and 2010-268, and Extending the Time
Period for the Temporary Reduction of Certain Development Impact Fees and
Development Fees for Services.
City Clerk Clark read into the record the title of the resolution submitted by the City
Attorney's office for this item.
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Public Comments:
Jeff Simonetti, Building Industry Association of Southern California, Inc., thanked the
Council for their consideration of this two-year extension of the development impact fees
deferral program.
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Motion:
Adopt resolution.
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RESULT:
MOVER:
Sl1,CONDER:
AYES:
ADOPTED [UNANIMOUS] .. .
Rikke Van Johnson, Council Member, Wl\r!l6
Wendy J. McCamma~k, ;Council Member, Ward 7
Marquez, Jenkins, Brinker, S\1orett, Kelley, Johnson, McCammack
D.
Public Works
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Oral Update on Street Lighting Repairs
Nadeem Majaj, Director of Public Works, provided an oral report on street lighting
repairs and publicly thanked the street lighting repair team members.
Council Member Kelley asked that Mr. Majaj send him an email regarding when the
lights will be repaired on Palm Avenue and off of Palm Avenue going east on Belmon!
and south on Kendall.
No action was required on this item.
9. Public Comments on Items Not on the Agenda
Betty Jean Long, San Bernardino, CA, spoke regarding indiscriminate spending by the
City.
Mayor and ConmlOlI Council of the City of San Berna/dino
Page 15
Joint Regular Meeting
Minutes
I 7.A.a
February 21, 2012
Panl Sanborn, San Bernardino, CA, spoke regarding the fire insurance rates in the city.
Hans V andertonw, San Bernal'dino, CA, stated he was pleased to hear about Chief
Handy's task force and getting mOre of the middle class here in San Bernardino.
Robert Medina, San Bernardino, CA, spoke in support of the Call Center and the
deplorable condition (numerous potholes) of Rancho Avenue between S'h and the railroad
tracks.
Barbara Sky, San Bernardino, CA, spoke regarding deficiencies at the Verdemont
Community Center, stating that it is unsafe and needs to be closed.
Gayle Edwards, San Bernardino, CA, stated that residents who use the Verdemont
Community Center are being put at risk due to numerous deficiencies. She stated that the
center opened before being inspected by tbe Fire Department and no Certificate of
Occupancy was issued.
Marlene Evans, San Bernardino, CA, stated that the Verdemont Community Center is
unsafe and puts the public in harm's way. She stated that Council Member Kelley
repeatedly told her and others that they were not allowed to communicate with the City
over anything; however, the huilding is not up to standard and they can't get anyone to
respond to their calls.
Joe Lease, City building official, stated that in April 2011, staff had issued a stop work
notice to the contractor and he came in to get a permit. He acknowledged that permits
were not obtained from the California Department of Housing and Community
Development, and a number of deficiencies and violations were noted; however, the
deficiencies do not pose any significant risks.
Scott Olson, a resident of Pacific Palms Mobile Home Park, San Bernardino, CA, stated
that he came several months ago and brought the issue of rent control to the attention of
the Mayor and Common Council. He stated that although everyone who signs a lease is
supposed to get a disclosure statement, he has never seen a single one. He questioned
why residents are signing leases with the parks and yet are not informed that there is rent
control.
Dave McCammack, San Bernardino, CA, representing Disabled American Veterans,
stated that they are putting in a garden for veterans at Pacific near Arden, which has
wheelchair accessibility, and they need volunteers to dig ditches and put in sprinklers.
They are also holding a golf tournament on April 21 at 11 a.m. at San Bemardino Golf
Course to support this project. Call Richard Valdez at 838-2634 for more infOlmation.
Mayor Morris had praises for the project and suggested that it be included as part of the
Beautification Project.
Barbara Babcock, San Bernardino, CA, stated that she loves this City, and we have an
opportunity to make a change and move forward in a positive way. She stated that she
would like to see everyone move beyond lip service and work together.
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Mayor and Common COUl1cil of the City afSan Bernard/no
Page J 6
Joint Regular Meeting
Minutes
7.A..
February 21, 2012
Tracylyn Sharrit, San Bernardino, CA, stated that she was concerned about the article
by Cassie MacDuff regarding the Verdemont Center. She asked where the money came
from to build the center. It was noted that it came from Congressman Jerry Lewis as a
congressional earmark.
Tim Prince, San Bernardino, CA, thanked Council Member Brinker for his service and
complimented everyone on the tone of civility at tonight's meeting. He expressed
concern about possible misconduct on the part of the City Attorney, stating that he was
observed at the Registrar of Voters Office advocating for an unsuccessful candidate for
City Clerk. He stated that the election results have been celtified and the City Attorney
has no business taking time from advising this Council and taking a partisan interest in
one candidate.
Jim Smith, San Bernardino, CA, urged residents to visit the wonderful art gallery at the
National Orange Show, noted that Beautification Day is coming soon on April 14 and a
final list of projects is due by Feb 29. If the public has new sites to be cleaned up, call
the City Manager's Office or the Call Center. He thanked Tobin Brinker for his service
to the City and welcomed new City Clerk Gigi Hanna, Assistant City Clerk Sabdi
Sanchez, and Third Ward Councilman John Valdivia.
Corina Borsuk, San Bernardino, CA, submitted a written statement regarding Agenda
Item IOC, which was read into the record by City Clerk Clark, in which she urged the
Mayor and Council"... to save the IEMG station and the employees who keep it running
so that San Bernardino will continue to have its own voice on the air."
Jim Penman, San Bernardino, CA, stated that anytime that he spends campaigning he
uses vacation time; and he doesn't support anyone legally in court other than the City of
San Bernardino.
Kevin lIawkins, Director of Parks, Recreation and Community Services, thanked the
three speakers who spoke regarding the Verdemont Community Center for assisting and
meeting with staff. He noted that when the Verdemont Center was originally presented it
was with the understanding that there weren't enough resources to staff the facility, and it
was ultimately decided that the Center would have to be staffed by volunteers. Also,
there was a remark made that Margo Wheeler, Director of Community Development, is
not doing her job and that is not true. Mr. Hawkins stated that it was because of Margo
Wheeler and Nadeem Majaj (Director of Public Works) that deficiencies were identified.
10. Mayor and Common Council Acting as the Successor Agency to the
Redevelopment Agency
A. City Mana!!er
Authorization to Terminate All Ancillary Employment Agreements AndlOr Contracts
Executed by the City of San Bernardino Redevelopment Agency (RDA) in Support of Its
Programs and Proj ects.
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Mayor and Common Council of the City of San Bernardino
Page J 7
Joint Regular Meeting
7.A.a
Minutes
February 21, 2012
Mayor Morris explained that this item was to authorize the City Manager to terminate all
existing ancillary employment agreements andlor contracts transferred to the successor
agency (the City) from the Redevelopment Agency, pursuant to the cancellation
provisions ofthose agreements and contracts.
City Attorney Penman stated that about a week ago Mr. Saho informed them that there
were about 33 regular EDA employees and about 44 contract employees. As he
understands it, this item addresses the contract employees rather than the ones addressed
under lOB, who are the regular former EDA employees. Approval of this item would
give the City Manager the authority to terminate the existing employment contracts with
the non-regular former EDA employees-those roughly 44 employees who are working
under contract rather than working directly for the Agency.
Mr. McNeely stated that approval of this item merely terminates the contracts of the
RDA and simply moves them over under the successor agency.
Assistant City Manager Travis-Miller stated that lOA and lOB are almost companion
items. They found that they had three employees that were regular EDA employees that
were operating under contract relationships with the EDA. She stated that they would
like to now make them regular employees and they will be dealt with under lOB, so they
are proposing that they terminate those three agreements and then add them as regular
successor agency employees and deal with them like the bulk ofthe other employees.
Ms. McCammack ascertained that that is not what the motion says, and she needed to be
completely clear as to what they are voting on, and it is not what was just described.
Motion:
To table.
RESULT:
MOVER:
SEC)ONDER:
AYES:
ABSTAIN:
B. Civil Service
TABLEP [6 TOO] .
Rikke Van JoMson, Council Member, Ward 6
Chas A. Kelley, Council Member, Ward 5
Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack
Tobin Brinker
Personnel Actions - Classified
Motion:
Approve the classified personnel actions pursuant to Civil Service Rule
502(b), as submitted by the Chief Examiner, in accordance wilh Civil
Service rules and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino Acting as the Successor Agency of
the Economic Development Agency.
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Mayor and Common Coullcil of the City of San Bernardino
Page 18
1 '''-'''j
t;!:;t ',,,, m. A. ~. mU ~ 11&'
Joint Regular Meeting
Minutes
I 7.A..
February 21, 2012
_._-_._._--_._---,-_._--_._~.....,.........---~-~-~--,---~---.-..~--.--------------~-----~-.'_..._~-~~".~.
RESULT: ADOPTED [61'0 0] :.' , Ii,
MOVER: R:ikke Van JOM~Oi1, Co4ndl r\:1ember, Ward 6 , '
SECOJllI)ER: Wendy L 1\1cCainmaclqColmdl Member; Ward 7,' .
AYES: Marquez, Jenkiiis, Shorett, Kelley, JOMs&n, McCammack
ABSTAIN: Tobin Brillke\
~~_c........-__~,_.....c.____~______,__._____....'___a____.~m~~,_~._ _.__,'--_'-_,._-'-______._'--~~~__.~'~____e__---'----'---
C. Human Resollrces
Authorization to Issue Lay Off Notices as the Successor Agency/Entity of the Economic
Development Agency to All FOlmer Redevelopment Agency Employees Transferred to
the City Pursuant to AB XI 26
Motion:
To table.
RESULT:
MOVER:
SECONDER:
AYES:
ABSTAIN:
TABLED [6 TO 0]
Rikke Van Johnson, C~Undl Member, Ward 6
Wendy J. McCamm~ck,' Council Member, Ward 7
Marquez, Jenkins, Shor,~tt"KdJey, Johnsl'n, McCammack
Tobin Brinker
D. Human Resources
Personnel Actions - Unclassified
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
ABSTAIN:
Approve and ratify the uuclassified personnel actions, as submitted by the
Director of Human Resources, in accordance with policies adopted by the
Mayor and Common Council of the City of San Bernardino as the
Successor Agency of the former Redevelopment Agency.
ADOPTED [6 TO 0], .
Wendy J. McCammack, Council Member, Ward 7
. ..:.: : ::",_ ::',",:' ::-,-:..::',,:.:','1::::.:::::''';':::',-,''':<.::,'::."",' ._,':_'>_
Chas A. Kelley, Council Member, Ward 5
Marquez, Jenkins, ShQtett, Kelley, JOMson, McC""1mack
Tobin Brinker
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Mayor and Commotl Council of the City of San Bernardino
Page 19
7.A.a
Joint Regular Meeting
Minutes
February 21, 2012
11. Adjournment
The meeting adjolU11ed at 8:36 p.m. The next regular meeting of the Mayor and
Common Council is scheduled for I :30 p.m., Monday, March 5, 2012.
RACHEL G. CLARK, CMC
City Clerk
By:
Linda E. Hartzel
Deputy City Clerk
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MayOl" and COllll1lOn Council of the City of San Bernardino
Page 20
1'!1_~:1
7.A.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 Shorelt
Chas A. Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, DECEMBER 19, 2011
COUNCIL CHAMBERS
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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 Patrick J. Morris at
1:35 p.m., Monday, December 19, 2011, in the Council Chambers, 300 North "D" Street, San
Bernardino, CA.
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Patrick J. Morris .]I.1a)'or .... ........ Present
.Yjrgjllia.r.1ar'luez... ... _g()UnEi~.JI.1_elllb~r,YV:ardJ.. 'p'r~~~llt
~()bertP:}ellkill~. .ColJl\ciI]I.1!'!r12!,r,YV:ar~2. .........Presell~..
Tobin Brinker gOlll1cil]l.1~lIl"er,Ward 3 Present
!,re.d~.!J().r~tt_._.. ..m.._.. .. ~()lll1Eil.r.1~lIlber>.':Y(Jfli.~._.. ... . l'r!,.se.llt...... .m..
.QI~b-:Eell~)'............ ..... .mu.c;o..ullcilr.1~,,~r,.YV:ar~.~m..m Present... .............
~ikke ."'-arr}()hn~oll..... .....g()uncil.]I.1~ber,.YV:.ar.dl5....... .P.!~s!'llt._...u._.
Vl'elldy J:r.1CC;'!.tnnlack Colll1ci!.]I.1elllber,VI'ard7 Present
_~~~ ~!:GiI~n.___'_~'lu~{F{}l%:?ey.- .um' -~i~~~iu.._.m.....
..u..Y'...... ....'1..._ ... ...'n...y......____ ."""
Charles McNeel i Cit Marta er Present
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Can to Order
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1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government Code
Section 54956.9(a):
Mayor and Common Council of the City of San BernQlY)illo Page 1
Joint Regular Meeting
Minutes
7.A.b
Oecember 19, 2011
David Gutierrez v. Citv of San Bernardino. et al. - San Bernardino Superior Court, Case
No. CIVDS 917479;
San Bernardino Citv Professional Firefil!hters. Local 891: Richard "Scott" Moss v. Citv
of San Bernardino: San Bernardino City Council. et al. - San Bernardino Superior Court,
Case No. CIVDS 1102415.
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.
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:
Fire Safety
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
Closed Session Announcement
Assistant City Clerk Ochiqui announced that during closed session a motion was made by
Council Member Shorett, seconded by Council Member Brinker, that the Council request a stay
and that they go forward with the appeal in the case of the San Bernardino Citv Professional
Firefighters. Local 891: Richard "Scott" Moss v. Citv of San Bernardino: San Bernardino Citv
Council. et al. - San Bernardino Superior Court, Case No. CIVDS 1102415. The motion
carried with Jenkins, Kelley and McCammack voting "no."
Reading of Resolutions and Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on
the regular agenda of the Mayor and Cornmon Council and Community Development
Commission.
Moment of Silence
A moment of silence was observed in memory of Alexine Prince.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Jim Hall of Cornerstone Christian Fellowship. The Pledge
of Allegiance was led by Council Member Virginia Marquez.
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Mayor and CO/1unon Council of the City oj San Bernardino
Page 2
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Joint Regular Meeting
2. Appointments
A. Mavor's Office
Minutes
I 7.A.b
December 19, 2011
Commission Appointment of Bob Brown as an Alternate Member to the Planning
Commission - Mayor Morris
Motion:
Approve the appointment of Bob Brown to the Planning Commission as
requested by Mayor Morris.
RESULT:
MOVER:
SECONDER:
AYES:
B. Mavor's Office
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Commission Appointment of Oscar C. Gonzalez to the Human Relations Commission -
Council Member Jenkins
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Approve the appointment of Oscar C. Gonzalez to the Human Relations
Commission as requested by Council Member Jenkins.
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Motion:
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. RESULT:
MOV~R;
SECONDER:
AYES:
AD9PTED [UNANIMOUS) .
,!-.",'" ."'_,':...,',.:','..,...... :i:_,._."
Rll<ke VanJilhnsoll, Conncil Member, Ward 6
.... ,:.',';':> ,':':',;,"',',",""'.>:'" ,.:':i';':' '<-'(.,:" ..
RobertD. ielikins, Council Memb\lr, Ward 2 .
Marquez, Jenkins, Brfuker, Shorett, Kelley, Johnson, McCatnmack
_.__~_~______.___.._":,,,.,_.",-,~u-,,:~,:,_,-",-_:__.~:'"~~"::"~_;..,~,':'.__:':',!_:L'.,-_~__L~~~__':':.~_':'~~:,L':'_-_--
3, Presentations
A. Service Pin Awards Ceremony
.^-~-----_."..._._.~-_.__..----_._,_._-_.'-----------
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The following individuals were presented a service pin award by Mayor Morris in
recognition of their many years of dedicated service to the City:
~
Michael Sellinger
Lisa Sherrick
Councilman Tobin Brinker
Michael Bilheimer
Darrell Degner
Debra Bemben
Ryan Thornburg
Gerald Castle
Arturo Diaz
John Jackson
Javier Ochiqui
Ricky Parker
Denartment
Community Development
Community Development
Council Office
Fire
Fire
Library
Police
Public Works
Public Works
Public Works
Public Works
Public W orka
Years of Service
5
5
5
15
15
15
5
5
15
25
5
15
Mayor and Common Council of the City of Sail Bema"dino
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Page 3
Joint Regular Meeting
Minutes
I J.A.b
December 19,2011
B. Presentation by Fire Chief Mid:"el Conrad
Fire Chief Michael Conrad introduced Interim Deputy Chief Doug Dupree and recently
promoted Battalion Chiefs Dan Harker and Mike Bilheimer.
Mike Bilheimer introduced the first class of Fire Cadets: Thomas Dennehy, Joseph
Frenes, Robert Gastel, Oscar Hurtado, Anvinh Nguyen, Jessica Ortega, Abraham
Marquez, Glen Schwartzman and William Tapp.
C. Citizen of the Month presented by Council Member Brinker
Council Member Brinker stated that four years ago, 500 people showed up to help with
the very first KABOOM build in the City, which took place at Lytle Creek Park. He
wanted to honor the people who live in that neighborhood and have been there every day
doing the hard work of making that park a wonderful place to visit. He recognized the
members of both the Teen Club and the Neighborhood Association by presenting them
with Citizen of the Month certificates.
D.
New World Systems Update by Director ofInformation Technology, Lea Deesing
Lea Deesing, Director of Information Technology, stated that updated systems included
the telephone system infrastructure; a new financial system that included business
license, code enforcement, and permitting features; and new Police and Fire computer-
aided dispatch systems and a records management system.
E.
Chamber of Commerce Announcements
Chamber of Commerce announcements were presented by Jim Gerstenslager.
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. Citv Clerk
Waive Full Reading of Resolutions and Ordinances
Motion:
Waive full reading of resolutions and ordinances on the regular agenda of
the Mayor and Common Council and Community Development
Commission dated December 19, 2011.
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Mayor and Common Council of the City of Sail Bernardino
Page 4
..'""
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Iii!' d.!li.j\!!!~:l
Joint Regular Meeting
.,. ,
RESULT:
MOYER: '
SECONPER:
AYES:
B. Civil Service
Minutes
7.A.b
December 19, 2011
,~"",~_-,--,----,-~""""""-~~""__,~~""""_~_C~.''-C_,..,....,~___,.,..-"_".....,,,,T~'~''''--'-----C'""
Personnel Actions - Classified
Motion:
RESULT:
...... -,-,","""".,.,.
MOYER:
,i',:'::>:-;,:'
SECONDER:
AYES:
C.
Fire
Approve and ratify 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.
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ADOPTED [UNANIMOUS]
'::I;',:""I;!:"
Chas A. Kelley,..council Memher, Ward 5
Virginia Marquez, CouncilMefu.b.ev,.W~rd I'
Marquez, Jenkins, Brinker, Shorett, Kelley, Johnsdn, McCammack
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RES-2011-322 Resolution of the Mayor and Common Council of the City of San
Bernardino Adopting Amendment Number One to the Vendor Service Agreement
Between the City of San Bernardino and Intenlledix-Advanced Data Processing, Inc.
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Motion:
RESULT:
MOYER:
SECOl''!DE~:
AYES;
Adopt Resolution.
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ADOPTED [UN'ANJ:M.OUS), " , '
Chas A. Kelley, CO,unoilMerriber" Ward 5
: " .... ";"':<>)',','(...::'1,:::.:':'
Virginia Marquez, Council Merqber, VI ard 1
Marquez, Jenkins, Bri/lker,Shorett, Kelley, Johnson, McCammack
... ........ ,: ::,,' ""'" ......"....-.. "'.. .. .. .. ....
D. Public Works
RES-2011-323 Resolution of the Mayor and Common Council of the City of San
Bernardino Awarding a Contract to California Professional Engineering, Inc. for
Installation of a Traffic Signal at Rialto Avenue and Meridian Avenue (TC04-035), Per
Plans and Special Provisions No. 12619.
Motion:
Adopt Resolution.
Page 5
1~li!;~i,f~ii.\1
Mayor and CommolJ Council afthe City Of Sail Bertlardillo
Joint Regular Meeting
Minutes
I 7.A.b
December 19,2011
___~~..,....-.,-_~,_-,-,,---_~.~_.......,.-c~_~_~~~....,..,....-,.,...----_.--~-c-._.----,--..,~-.,-~-:-,.,-.-~--.,---
;1:":,-''':'".. ~,<! '" , .. . ,
:~~i:~:, ," ~J:J~~~~t~60UIl~iJ M~mber,\Vard 6
SECONDER: VirgirriaMa,;qu'~z, Cquncn!viemb~r,Warc:1:1
AYES: 'Marquez"Jen)(ins, Bri11kef;Shorett, Johnson, McCammack
AWAY: Chas A. Kelley , , '
,.~."";...C-"---".:',,~.~,,-,,~,,-,,,,-~",-~~,,-,,,",",,~~-"~-
'-'-"'-~-~-~---~-----_._--~------------- -----~----~--
E. Public Works
Authorize the Director of Public Works to Execute Contract Change Order No. One with
Elite Companies US, Inc. for Pavement Rehabilitation on Rialto Avenue from Lena Road
to Tippecanoe Avenue (SS06-044), Per Project Plan No. 12283B
Motion:
Authorize the Director of Public Works to execute Contract Change Order
No. One with Elite Companies US, Inc. for Pavement Rehabilitation on
Rialto Avenue from Lena Road to Tippecanoe Avenue (SS06-044), per
Project Plan No. 12283B.
RESULT:
. MOVER:
SECONDER:
AYES:
ADQPTED[UNANIMOUSj
Chas A. Kelley; Council Member, W\l~d 5
Vi~ginia Marquez, C~uncil Member, Ward I
Marquez; Jenkins, Brinker; Shol-ett, Kelley, Johnson, McCanunack
6.
Public Hearings to be Heard at 4:00 p.m.
A.
Communitv Develoument
RES-2011-320 A Resolution of the Mayor and Common Council of the City of San
Bemardino Adopting General Plan Amendment No. 09-02 to Change the Land Use
Designation from Residential Suburban (RS) to Commercial General (CG-I) on One
Acre and Approving Conditional Use Permit No. 09-09 to Establish a Neighborhood
Grocery Store at 1111 West 9th Street.
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that this item requires a
general plan amendment to change the land use designation on this property and there is
an accompanying conditional use permit. A structure was established and operated on
this property as a bakery from 1953 to 2008. She stated that it has been closed since
2008 and to reestablish it would require a general plan amendment to establish the proper
land use and zoning. At the same time the applicant wants to place a neighborhood
grocery store in this location. Ms. Wheeler stated that the matter was brought before the
Plarming Commission on November 16, 2011, at which time it obtained a unanimous
recommendation of approval.
Tulsi Savani, applicant, answered questions posed by the Council regarding the locations
and success of their stores, the timeline for completion, and the number of employees.
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Mayor and Common Council oftfle City of Sail Bemal'diIJo Page 6
Joint Regular Meeting
Minutes
T.A.b
December 19,2011
Council Member/Commissioner McCammack que.tioned why revocation language had
not been included in the CUP and why they were being allowed to spot zone.
Ms. Wheeler stated that revocation language could certainly be added as a condition. In
answer to Ms. McCammack's second question, she stated that the analysis of the project
would have been substantially different had this been a residential structure, which the
applicants want to convert to a commercial use within an existing neighborhood;
however, because the City has an existing legally-established commercial structure, staff
believes they can make a favorable recommendation,
Council Member/Commissioner McCammck requested that the revocation language be
added as a condition of approval.
Motion:
Close hearing and adopt Resolution adding the following revocation
language as a Condition of Approval: Any failure to maintain and operate
the use pursuant to this approval and conditions herein is subj ect to
revocation pursuant to San Bernardino Municipal Code Section 19.36.100.
RESULT:
MOVER:
SECO'NDER:
AYES:
ADOPTED [UNANIMOUS]
RiJ<:ke Van Johnson, Council Member, Ward 6
oIias A. Kelley, C9uncil Memb'er" W, ard 5
Marquez, Jenkins, Brinker, Shorett, kelley, Johnson, McCammack
___~~_"~~~.,___.~~_,.:~,,,--.:...c...;.----"_~~__'--",~._._:-'-'----'--"m__"'-____.__.._~C .._".;...;....-'-'0___._.:_..,;...."'"-_,
B.
Communitv Developmeut
Au Ordinance of the Mayor and Common Couucil of the City of San Beruardino
Repealiug Chapter 17.07 and Amending Chapter 19.28 of the Municipal Code to
Update Plan Review Procedures and Water Conservation Standards. (FIRST
READING)
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that this item includes the
relocation of the water efficient landscape ordinance that was adopted by the Mayor and
Common Council in 2010 from Chapter 17 to Chapter 19 so that it is within the
Development Code and more easily accessible for the public and staff, They also
changed some administrative and ministerial language with regard to plan check
responsibilities and inspection responsibilities for landscape plans. She stated that that is
currently divided between Parks and Recreation and Public Works and the
recommendation is to move that into Community Development.
Code Enforcement staff now does the annual inspections of the approved discretionary
projects to ensure the landscaping is maintained appropriately, and they also have
construction inspectors in the Community Development Department that handle this
through the building permit process and building inspections, This item went to the
Planning Commission on November 16, and it was unanimously recommended for
approval.
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Mayor alld Common Council of the City olSan Bernardino
Page 7
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'tA~i0'''''',J"_:~,._._''''__.,."..:<
I 7.A.b
December 19,2011
Joint Regular Meeting
Minutes
Council Member/Commissi ~"O- >.1cSanllnack asked if all of the underlined language of
Section 19.28.110 is the exact same language that was originally approved.
Ms. Wheeler answered in the affinnative.
Council Member/Commissioner Kelley asked if this would help resolve some of the
issues regarding maintenance deficiencies of existing properties.
Ms, Wheeler stated that having the requirements in one chapter will help staff and the
business community, and it is part of their ongoing training of Planning and Code
Enforcement staff,
Motion:
Close hearing and layover Ordinance for final adoption.
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RESULT:
MQVER:
SECONDER:
AYES:
FlRST READIl'!lG [UN~Nltv.lOVS] Next: 1/912012 1 :30 PM
Virginia Marquez, Council Member, W~d 1
Robert D. Jenkiris, CoUncil M~inber, Ward 2
'Marquez, Jeus, Brinker, Shoreti', Kelley, Jobnson, McCammack
"M'_'___~__'_____~~:''';'''~'~_~C_~O.'-'_____''_-''---~''~___~~~"---,-"--,~~-,--------_._.-,----------~---~-,,,,-,----,-"-,,,"-~
C.
Police
RES-2011-321 Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Obligation and Expenditure of the Allocated Citizens Option
for Public Safety (COPS Option) Monies for FY 2011-12 to Supplement Front-Line Law
Enforcement Services.
Mayor/Chairman Morris opened the hearing.
Chief Handy stated that they have received this grant in the past and they were not
anticipating receiving it this year; however, they were notified just recently that they were
able to receive it.
Mayor/Chairman Morris stated that it covers a substantial portion of the budgetary
requirements of four officers. He asked Chief Handy if the balance of the requirements
to fund those officers was contained in the budget.
Chief Handy answered in the affirmative.
Council Member/Commissioner McCarnmack stated that this must be an added number
to the budget if they were not expecting to receive it this year.
Terrance Beamon, Deputy DirectorlBudget Manager, stated that Assembly Bills 118 and
89 were passed when the FY 2011/12 budget was adopted and $725,000 of City of San
Bernardino motor vehicle license fee revenue money was taken away. As a result, these
funds were directed into this public safety grant, so the net difference is about $300,000.
There was money that was taken away through the balance of the budget at the last
minute and in place of that these funds were then allocated to cities throughout the state.
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Mayol' and Commoll Council of the City olSan Bernardino
Page 8
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Joint Regular Meeting
Minutes
7.A.b
December 19,2011
Council Member/Commissioner McCammack stated that if we did not have the funds for
four officers then do we still have the four officers or why aren't those new positions?
Chief Handy stated that when the Council approved the tow option contract last spring,
the additional revenues were to be put towards retaining police officer positions and that
money was approximately $300,000 that was put to retain those positions in the event
they did not get that grant. 'Now that they got that grant, there should be some more
money in there that will help them with their budget, but right now they are also short in
a couple of other areas.
Council Member/Commissioner Brinker stated that when this went through the Grants
Committee, Councilman Kelley made it very clear that as additional money becomes
available, their priority would be to fill additional positions if possible. He stated that he
did understand that that is not the situation here. There wasn't an extra $400,000 to hire
new people--there were losses in other categories. He wanted his colleagues to know that
this whole conversation did take place at the committee level and they are trying to be
diligent in making sure that they are maximizing and stretching those dollars, and if there
is money available, that's what they'll be pushing for.
City Manager McNeely stated that they went into the year looking at the possibility of
losing positions and with the tow franchise they thought that with that additional revenue
they would be able to add some officers back in the Police Department. If we do get
additional money, the priority will be to go forward and restore some of the positions that
have been cut.
Council Member/Commissioner Kelley asked if staff could let them know what kind of
grants staff is looking at.
City Manager McNeely stated that their new CDBO person, Brandon Mims, has been
able to identify some additional grants that are out there that we are going to be focusing
on and some of those relate to public safety. He stated that he would provide an updated
report to the Council.
Motion:
Close hearing and authorize the obligation and expenditure of the
allocated Citizen's Option for Public Safety Monies in the amount of
$400,553. All expenditures will bc used to supplement front-line law
enforcement services as defined in AB3229 and as outlined in the COPS
Option expenditure plan (Exhibit "A"); and authorize the Director of
Finance to amend the adopted FY 2011112 Police budget by increasing the
Patrol budget grant by $400,533.
RESULT:
MovER:
SECON~ER:
'::".' ;,'" ,
AYES: ,
ADOPTiD\UNANIMCllJSj
,Wen<jyJ: Mc(:;am/lllick,Council Mernb~, Ward 7
i:',-_:"I,""',',.,_,';':,','"".,.;'J,"'" ' ."";,',:,';-'11<';::;,,,
:R,lkke Van J 0\1I1I\0n, ,council Mel)'lll,e~;, \y in'd 6, ,,' ,
Marquez, Jei&ihs; Brinker, Shol:ett; Kelley, Jobllson, McCamrtuick
",-.. .. -';""--'-:-:'j"-:',,'" .. .;.:.:,..,'..:.'i.,..,.....:.,: .. :.:.- "',' ,'-"",":,',",-.,'"
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Mayor and Common Council of the City of San Bert/aMino
Page 9
1",..,ii.;;''':i:.P'Il"'l1j'J
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Joint Regular Meeting
D. Public Works
Minutes
7.A.b
December 19,2011
Resolution of the Mayor and Common Conncil of the City of San Bernardino
Ordering the Vacation of a Portion of Sprnce Street Between Mt. Vernon Avenue
and a North-South Alley Approximately 150 Feet West of Mt. Vernon Avenue and
Reserving Utility Easements Therein.
Mayor/Chairman Morris opened the hearing.
Henry Empefio, Senior Deputy City Attorney, read and submitted into the record a copy
of the rejection memorandum from the City Attorney's office that was placed on Minute
Traq, dated December is, 2011.
He stated that this is the first time that a street vacation has been proposed of a through
street, and it is being proposed to benefit a private property owner. He stated that he has
never seen a situation like this where the proposed development that would occupy the
vacation and the abutting property has not even been proposed to this body-there is no
proposal for development that would utilize this street vacation-so in that respect it is also
premature. More importantly, state law requires that the City make the findings that this
street is unnecessary for present or prospective public use, and based upon the
information that has been provided, that finding could not be made.
Nadeem Majaj, Director of Public Works, stated that they have done some traffic
evaluations of the area and, at the time, they realized there are other streets that do
provide access out of the area such as Herrington and Pico Street. Staff determined that
Spruce Street connecting to Mt. Vemon is a convenience issue and not a necessity. He
stated that they did not evaluate the traffic conditions on Sunday during church services,
so in some ways it was not a complete evaluation. The determination of going forward,
or amending the motion, is up to the Council. If the Council would like staff to go back
and take another look at the traffic circulation issues and perhaps do some comparisons
with closure and without closure, they could do that.
Council Member/Commissioner Brinker stated that it was clear that they need to send
this back to staff for further review, and there should be more outreach and discussions
with the parishioners ofthe church.
Council Member/Commissioner Marquez stated that Pico and Herrington Streets would
be hugely impacted by the proposed vacation. The parishioners don't want to be
bothered with a traffic study-they want things left alone. She stated that she would not
support this item.
Council Member/Commissioner Marquez made a motion, seconded by Council Member/
Commissioner Kelley, to close the hearing and disapprove the resolution to vacate a
portion of Spruce Street. No vote was taken.
Pursuant to Resolution No. 2000-279, Assistant City Clerk Ochiqui administered an oath
to the following individuals, who spoke in opposition to the proposed vacation, that they
would provide true and honest testimony:
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Mayor and Commo" Council of the City of San Bernardino
Page 10
Joint Regular Meeting
Minutes
December 19, 2011
Public Comments:
Reverend Jorge Luis Rodriguez, San Bernardino, CA;
Elizabeth Roeha, San Bernardino, CA;
Amelia Lopez, San Bernardino, CA;
Joe Ramirez, San Bernardino, CA;
Sandra L. Martinez, San Bernardino, CA;
Council Member/Commissioner McCammack stated that they should never sell off a
taxpayer asset to help a private business. She stated that if her memory served her
correctly, the Planning Department set conditions on the church to provide the exit onto
Spruce Street during the redesign of the parking lot, and they based that on the
availability to exit onto Pico through Herrington and Spruce. By closing Spruce they
would be contradicting their own original conditions of approval.
Council Member/Commissioner McCammack made a substitute motion, seconded by
Council Member/Commissioner Brinker, to table the item; however, the motion was
subsequently recalled.
Council Member/Commissioner Johnson stated that with no development, it didn't make
sense to vacate the street.
City Attorney Penman stated that there was a legal technical issue with the wording of
the motion that needed to be addressed. Tabling is temporary, but a motion to disapprove
is permanent.
Mr. Empefto stated that if it was the Council's desire to deny the proposal he
recommended that they not table it as stated. If the Council would make a finding that
the street is necessary for present and prospective public use, and based on the testimony
provided the Council disapproves the proposed Resolution, that decision would be final
and the proposal could not go forward again. He stated that the Economic Development
Corporation could reapply after one year with another proposal to vacate the street, but
they would have to bring it back as a new application.
Motion:
Close hearing; disapprove the resolution; and make findings that Spruce
Street is necessary for present and prospective public use.
~SULT:
........j ",:';"';.::,"
. MOVER:
SEcoNDER:
AYES:
!'".,,'\: . ': ':'j;,:;:;,::::>:: ,', " .".::,
ADOPTEDIONANIMOUSl . .
I" '. .: '. '::':".;:, ':"', ""':':>:;: 'i::' ',' ;;:~ ,'.,:
Tobin Brinker, Council Member, Ward 3
Chas A. Kell~y, Council Member, Ward 5
Marquez, Jenkins, Brinker, Shorett, K:elley, JOMson, McCammack
7. Staff Reports
A. City Mana!!er
Request to Schedule a Public Hearing on January 9, 2012, at 4:00 p.m., to Receive Public
Comments on the Proposed Amendnlents to the City of San Bernardino's 2011-2012
Housing and Urban Development (BUD) Consolidated Action Plan
7.A.b
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Mayoralld Common Council of the City of Sail Bemardino
Pagel]
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i~t:!0 ~,>>, ).',. ~,~"'"{;?
Joint Regular Meeting
Motion:
RESULT:.
MOVER: .
SECONDER:
AYES:
7.A.b
Minutes
December 19,2011
Schedule a llub,ic hearing on January 9, 2012, at 4:00 p.m., to receive
public comments on the proposed amendments to the City of San
Bernardino's 2011-2012 Housing and Urban Development (HUD)
Consolidated Action Plan.
ADOPTED [UNANIMOUS] . ,i... ' .
. Wendy J. McCammack, 60u~cilMeriiber, Ward
RQbert D. Jenkins, Council Member, Ward 2 .
Marquez, Jenkins, Brinker, Shorett,~ell~y, Johnson, McCammack
B. Council Office
San Bernardino Hometown Heroes Military Banner Program
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Consensns
Motion: Receive and file committee update.
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Renaming of Palm Field to Arthur Solis Memorial Field
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Rename Palm Field to Arthur Solis Memorial Field.
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Ai!OPTED [UNANIMOUS]
Vitgi~~MlItquez, Counbil t0e~ber, Ward I .
. '';:'>';;:<:''';::';'', .':<("::\'::1".." ,; ,:,' , " ,";;
W epclyJ.McCammack, Council Member, Ward 7 '
Marquez, Jenkins, Brinker, Shqrett, Kelley, JoMBon, McCammack
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D. Council Office
Council Committee Assignments
Motion:
RESU~T:
MOV:ER: .
SECONDER:
AY~S:
Approve the recommended Council Committee assignments.
......,
. M)QPTED[UNANlMOU;S] .
R'kke Van .JoHnson, C6uneit'Member, Ward 6
:'.;'.,:;:,," .',.",' :."::'.' H:'.:': ".', ,':: .'::,Ii:,:",:,:-',,: .","
'V:itginia Marquez, Council Memoer, Ward 1 . "
""":' ':.":t)','.. '.'; ",::C-'" "',' :.,:,:<,,_,"::1:'."'>: " .,;;< ,( ,':.,"
Mar~uez,Jenkins, Bri1lk~r, Shorett, Kelley, Johnson, McCam~ack
,;,;.,.....,..,.. :.....i.;".,.'." ".., ." "..:",:""-.,:",,,..' '--'..":'.':'
Mayor and Common Council of the City of San Bernardino
Page 12
["'~i'Ul
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7.A.b
December 19, 2011
Joint Regular Meeting Minutes
8. Community Development Commission
A. Economic Development Al!encv
CDC-2011-61 Resolution of the Community Development Commission of the City of
San Bernardino, California, Approving Amendments to the Personnel Policies and
Proccdures for All Employees of the City of San Bernardino Economic Development
Agency.
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Adopt Resolution.
AnOPTED [UNANlNiOUS]
. Virginia Marq~~; Council Member, Ward I
Robert D: Jenkins, Co,!ncil Memper, :Ward 2
1:1i!tquez, J~nkins, BriI]ker, Shorett, Kelley, .iohnson~ McCarnmack
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B.
Economic Development Al!encv
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RES-2011-324 Resolution of the Mayor and Common Council of the City of San
Bernardino Confirming the Election Resnlts for the Biennial Election of the Northwest
Redevelopment Project Area Committee (PAC) (Northwest Redevelopment Project
Area).
Motion:
RESULT:
MOVER:.
SECONDER:
AYES:
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Adopt Resolution.
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ADoptEn.r(j~~!'u*OlJS]
TobinBrinker\CoUnci! Member, Ward 3.
Wendy J. McCll1l1mack, Council Meiliber, Ward 7
Marquez, iJenkins, Brinker, Shorett, Kelley, Johnson, McCammack
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____.__"_____~~M_~.__c..........;...c...__,~~__'__'_~'_______'__'_'_~c._~ _"~_____"_~____".___~~__~_____._______,_"__,_~'"'_'_:_.
C. Economic DeveloDrnent A2encv
Homebuyer Assistance Program Report for the Quarter Ending September 30, 2011
CODsensus
Motion:
Receive and file the Quarterly Report of the Homebuyer Assistance
Program activities for the quarter ending September 30, 2011 for the
Redevelopment Agency of the City of San Bernardino.
9. Public Comments on Items Not on the Agenda
Rebecca Lndwig, Riverside, CA, spoke regarding pornography in libraries.
Betty Jean Long, San Bernardino, CA, spoke regarding the theft of her social security
check.
Mayor and Commoll Council of the City of San Bernardirlo
Page 13
Joint Regular Meeting
Minutes
7.A.b
December 19, 2011
Jim Smith, San Bernardino, CA, stated that several things were coming together to make
San Bernardino a viable city: I) Approval of the Regal Cinema; 2) The sbX Project; 3)
The Transit Center; and 4) The Completion of 1-215. He encouraged all patriotic
organizations to support the banner program.
10. Adjournment
The meeting adjourned at 5:45 p.m. The next joint regular meeting of the Mayor and
Common CouucillCommunity Development Commission is scheduled for 1:30 p.m.,
Monday, January 9,2012.
RACHEL G. CLARK, CMC
City Clerk
Linda Sutherland
Deputy City Clerk
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Mayor and Common Coul/cil olthe City OfS01l Bernardino
Page 14
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
ROcke Van Johnson
Wendy McCammack
MINUTES
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
MONDAY, NOVEMBER 21, 2011
COUNCIL CHAMBERS
The Joint Regular Meeting of the Mayor and Common Council and Community Development
Commission of the City of San Bernardino was called to order by Mayor Patrick J. Morris at
1:36 PM, Monday, November 21,2011, in the Council Chambers, 300 North "D" Street, San
Bernardino, CA.
Call to Order
'H'
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1'!!ll'i.."kU.1ol1;s . ..I.M!!y().!'.........-.--. ...... Present._.
~~:~.pJ~ri0~~nn . 1.~~~~~l}g~~~:~~~H . :~:::~: .m..
IO.~i11.~~!'.'l<er . .l::()~,:il~e11l~~rL""!Ird3 Present........
Fred Shorett Council11"11lber,,,,,~d_~ Present
l::l1asJ\.:I<.ell"x ---- '1"" .--. .-- ------ - -- -- .P~esent
_l<i.kl<:"."!IIl}()liI1~()Il. ... _.. . CoUll"ilM,ember) Ward.6. . Present
~~~'m.;7;:::: .... ~=.. ....
.R-""I1"lg:Cl~k .l::ity Cl"rk.. _ . . . .._.l'l'e~el1t....
Charles McNeel i Cit Mana er Present
7.A.c
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Mayor and Commo1l Council of the City of San Bernardino
Pagel
Pl'inted 1/18/20/2
Joint Regular Meeting
1. Closed Session
Minutes
~ 7.A.c
November 2 ,;:U11
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government Code
Section 54956.9(a):
Josevh Block v. City - Workers Compensation Appeals Board, Case No. ADJ6992I94;
Maria Melia. Salvador Mell!ozo. and GuadaluiJe Melffoza v. City of San Bernardino. et
01. - United States District Court, Case No. EDCV JI-00452 VAP;
Andrea Orona v. City of San Bernardino - San Bernardino Superior Court, Case No.
CIVDS 1008022;
San Bernardino Countv Transvortation Commission v, West Colony Community
Association - San Bernardino Superior Court, Case No. CIVDS 1004025;
Joe Tavlor v. Citv of San Bernardino - San Bernardino Superior Court, Case No.
CIVDS 1100841;
Wells Farffo Bank. National Association v. Somer Kodeih. et 01 - San Bernardino
Superior Court, Case No. CIVDS 1109915.
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 oflitigation - pursuant to
subdivision (c) of Government Code Section 54956.9:
One (1) Case
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 - pursuartt to Government Code Section 54957.6:
Fire Safety
G. Conference with real property negotiator - pursuant to Government Code Section
54956.8.
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Mayor and Common CQuncil of the City of San Bernardino
Page 2
Printed 1/18/2012
Joint Regular Meeting
Minutes
~ 7.A.c
November 2 ,:':U11
Closed Session Annonncement
City Clerk Clark announced that during closed session in the matter concerning Kendall Plaza
LLC v. City of San Bernardino, Council Member Kelley made a motion, seconded by Council
Member McCammack, to approve the Project Development Agreement between Kendall Plaza
LLC and the City of San Bernardino with the contingency that if the attachments do not match
the agreement, the agreement will come back to the City Council. Mrs. Clark stated that Mr.
-. ..........
Sabo gave her the Project Development Agreements along with the Exhibits and they do match
what was in the agreement, so the item could move forward.
Reading of Resolntions and Ordinances
Deputy City Clerk Sutherland read into the record the titles of all 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 Armando Tamayo.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David McGlocklin of St. Paul United Methodist Church.
The pledge of allegiance was led by Mayor Pro Tempore Fred Shoret!.
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Appointments
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Presentations
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There were no commission appointments.
A.
Citizens Academy Graduation
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City Manager Charles McNeely introduced the graduates of the second Citizens
Academy and presented them with their graduation certificates. Tweuty residents
completed the course.
B.
Service Pin Awards Ceremony
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The following individuals were presented a service pin award by Mayor Morris III
recognition of their many years of dedicated service to the City:
~
Vanessa Macias
Richard Bougher
James McCracken
Denartment
Finance
Police
Public Works
Years of Service
5
10
10
MaYOl' and Common Council of the City of San Bernardino
Page 3
Printed 1/1812012
Joint Regular Meeting
Minutes
~ 7.A.c
November 2 ,<:U I I
C. Commendation to Miss Cardinal 2011-2012 presented by Council Member Jenkius
Council Member Jenkins introduced San Bernardino High School Miss Cardinal 2011-
2012, Yara Kassis; second runner up, Jasmine Suarez; and first runner up, Annalee
Shoemaker.
D. Citizen of the Month Award presented by Council Member Jenkins
Council Member Jenkins presented Citizens of the Month Awards to Patrons of the
Roosevelt Bowl: Susan Longville, Jeff Grande (not present) Janet Chaney, Arturo
Espinosa, Stacey Gibson, Jason Newcomb, Marvin Scoggin (not present), Cheryl
Margolis and Robert Rego.
E. Student of the Month Award preseuted by Council Member Brinker
Council Member Brinker presented the Student of the Month Award to Miranda
Martinez, a student at Rialto High School.
F.
Chamber of Commerce Announcements
Jack Avakian presented the Chamber's announcements.
4.
Announcements
Announcements were made by the Mayor, members ofthe Common Council, and elected
officials regarding various civic/community events and activities.
5.
Consent Calendar
A.
Citv Attornev
RES-2011-302 Resolution of the Mayor and Common Council of the City of San
Bernardino Opposing the Closure of the CalTrans Transportation Permit Office in the
City of San Bernardino.
Public Comments:
L. R. Collier, Riverside, CA.
Motion:
Adopt resolution.
---::-"'-~"'~.-----:C~~G:~.-'""T~o---::-"""~:-:::.""i"'~"""""''''''''''''''''-'''''''~';-~'''-~~'''-~-'---'--~
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED. [UNA"NIMOUS]
":", ,: :':<'!:,::+ ..
Tobin Brinker, {];ouncil Member, Ward: 3
Wendy J. McCalnmack, Council Member, Ward 7
',',"':;',.. :,:.... <:: '>,':'::T:'",:
Marquez, Jenkins, Brinker, Shorett, KelleY, Johnson, McCammack
__~:~_,":,Lc_,.~~"---_-,-,,~...~.~~_::',,,..~:~L~L~~_~____-,~:..::_~j_;,,:~~~.l,..:,:,.,~_:_~-'::___ .
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Mayor and Common Council of the City of San Bernardino
Page 4
Printed 1/1812012
Joint Regular Meeting
B. Citv Clerk
Council Minutes
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
C.
Citv Clerk
Minutes
17.A.e
November 21, LV I I
That the minutes of the following meeting(s) ofthe Mayor and Common
Council/Community Development Commission of the City of San
Bernardino be approved as submitted iu typewritten form: September
19, i011; anll October 3,20n.
__"___~__,_;^.,...,.,...,_~_,___"',',__.,-___"""_'_'__~__._":,'_.'-_.....,_._._..__.,-__~__','____...._...'"'._C"___~_._----'..-,-.._.,.-----
ADOPTE;P [UNANIMOUS] .
Rikke Van Johnson, Q6Uricil Member, Ward 6
Tobin Brinker, Council Member, W~d 3
'-::".'. :.->:.:: - .'.,"'-"':;;': - " - :".,-" ,
Marquez, Jenkills, Brinker; Shorett, Kelley, Johnson, McCammack
Waive Full Reading of Resolutions and Ordinances
MotIon:
Waive full reading ofresolutions and ordinances on the regular agenda
of the Mayor and Common Council and Community Development
Commission dated November 21, 2011.
____.__~~"__.~_~--,.---,-...,..c,.,..,__,."
RESULT:
MOVER:
"" ':'_,1',:'"
SECONDER:
AYES:
_. ._,~__-'~"."-~,_-'c_,,~~_,~_~~._,~~;...;...~~ ,_~_.:..;,~_.,,,__;,_;~~__.___.__-,_.~;."_,-,"'-----..___~_~_,~___._~,_,,_",__,,__~__,_,_-,,-_c_,;,_c
D. Citv Clerk
Mayor and Common Council and Community Development Commission Regular
Meeting Dates for 2012.
MotIon:
Approve the following dates for regular meetings of the Mayor and
Common Council/Community Development Commission for the year
2012: January 9 and 23; February 6 and 21 (Tuesday due to holiday);
March 5 and 19; Apri12 and 16; May 7 and 21; June 4 and 18; July 2 and
16; August 6 and 20; September 4 (Tuesday due to holiday) and 17;
October 1 and 15; November 5 and 19; December 3 and 17.
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Mayor aNd Common Council afthe City of San Bernardino
Page 5
Primed 1/18/2012
[IRlli_lIlP~ ~ I
lsL"""",. ...";t~%'t~~\
Joint Regular Meeting
Minutes
~ 7.A.c
November 2 ,'::U I I
_.._~_~~~_~__._-,----",~,r--..,c..",-~~~__~~~_~_____----"-_"'~~~_~~""''''''''''''''''
RESUJ;T:
MOVEk:
SECONDER:
AYES:
ADOi>TltD [UNAj\lI<!\fotTSj.
. Chas A. Kelley, Council Member, WardS
FredShOrett, C<;>uncil MelI\q~r, Waid4 .
Mar~luez, Jenkins, Brinker, Shorett, Kelley, Jowson, McCanunack
_......-----:-.'.L:._.:.:-~._..:.......2:.~____.:..L:;j::.~L.i.:..'___.~,.;_:cC__'__'__~,.'__'__:i.~~i..~__~L.l..:.'.i,;.,,-'.'..L_,-~,,~_~_-,-_.c.....c.L..__.~---"-_.--C_'_
E. Civil Service
Personnel Actions - Classified
Council Member/Commissioner McCammack voiced her concerns about the hiring
practices within the Community Development Department. She slated that she had to
file a public records act request to get some information she felt was critical to making
these decisions, but the information she received was not complete. She stated that she
would be voting "no" on this position, but that it had nothing to do with the person.
Motion:
Approve and ratify 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.
RESULT: ADOPTED [CiTO 11
MOVER: Chas A. Ke/ley, C;ouncil MelI\ber, Ward 5
SECONDER: Tobin Brinker; Council Memb~t, Ward 3
AYES: , . Matquez, Jenkin~, Brinker, Shoretl, Kelley, 10hnson
NAYS: 'Wendy J. McCammack .
F. Parks. Recreation & Community Services
RES-2011-303 Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Director of Parks, Recreation and Community Services to
Execute a Memorandum of Understanding with the American Red Cross Inland Empire
Chapter for the Use of Park Buildings, Grounds, and Equipment as Mass Care Shelters
in the Event of a Disaster.
Discussion ensued as to where the evacuation centers will be located and how residents
will be notified.
Motion:
Adopt resolution.
--~-----'- ----_._--------.~,-.----,..~,,'--_._-_.._---...,.._.~~-._,~.....,..---.......,.---.,---.--,.........---..-.------.-.'.--.-.---'--- ---_.._--"_."-"...__.~
RESULT:
MOVER:
SEqONDER:
AYES:
ADOPTED [UNANIMO'trS]
,;',:,';:'<'
. C)1allA, Kelley,C04yil Member, WiU'd'p
Wendy J.lX1cq:'f't?~~k, Council Me~berl Ward 7 .'
Marquez,-:I~ms, Brinker, Shoiett, Kel(ey; JOhnso~, McCammack
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Mayo" and C01W1l0n Council of the City olSa" Bernardino
Page 6
Printed J/18120J2
IW~~'I
~~'"/",",~LL,,, ,," ,~"",<,,\t::
Joint Regular Meeting
G. Public Works
Minutes
~ 7.A.c
November 2, :lUll
Reject All Bids for Energy Efficiency Lighting Upgrade at City Hall
Motion:
Reject all bids for Energy Efficiency Lighting upgrade at City Hall.
~_._",~-_.,.."-~.__._.,--_..,-~.--------_._--_.,-~-._~...--,-,-,,--,--------..-..~--
_._,.__...._'-"~-_..._'--_...-
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RESULT:'
MOVER:
SECONDER:
AYES:
-_._---~------ -----~-~-- ---------- _._"---------------~ - -----------------~--- ~_.
H. Public Works
Reject All Bids for Energy Efficiency Lighting Upgrade at the Norman Feldheym
Central Library
Motion:
RESULT:
MOVER:
SECONDER:
AYES:
Reject all bids for Energy Efficiency Lighting Upgrade at the Norman
Feldheym Central Library.
ADOPTED'rUNANIMOUS:1 '
RikRe Van Johnson, Council Member, Ward 6
Tobin Brinker, Council Member, Ward 3
Marquez, Jenkins, Brinke;, Shorett, Kelley, Johnson, McCammack
.. ..,..,.....,.. .,..... ','.. ..."...'..... .. :.'.,':.,'.. "
I.
Public Works
Reject All Bids for Energy Efficiency Lighting Upgrade at the Police Department
Building
Motion:
RES:ULT:
MO\1ER:
SEC()NDER:,
AYES:
Reject all bids for Energy Efficiency Lighting upgrade at the Police
Department Building.
-,-,__....."..-~_--,----,...~_.~--_C",___..,--___.__'___~--------~-----~-,---
ADOPTED [UNANIMOUS!
Rikke VlmJ~hnson, Coundl:MemberiWljrd6
.. _j.".':: ..... :>/I,.>""i,"') .'..... ,d,;,.,,<,:,::'" ",';' :"'i":'-;; ':.'
Tobin 13riOkef; Council Meinber, wahl 3
"~"~I"~ : ":<':;':"',:.,,',,',,' .' ,,""::<"""';':,:::'_:'::"-"';". ,::,.':.,.'
Marque~,Jenkins, Brinker, Shore~t, Kelley, Johnson, McCarnmack
"".' ..;,." d,' .'.,:';;
___~...c,-,c,.."_~___"__,---,-~~...'._~.-,-----,_,'-"_.c..~_~____.,___._~~"__~"---~~~'M..h"""""""_'___________..'...'..."'--__'---'-___~_
J. Public Works
RES-201l-301 Resolution of the Mayor and Common Council of the City of San
Bernardino Authorizing the Submittal of the Application for Waste Tire Enforcement
Grant Funds from the California Department of Resources Recycling and Recovery
(Calrecycle),
Motion:
Adopt resolution.
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Mayor and Common Council oflhe City of San Bernardino
Page 7
Prtnted 1/18/2012
Joint Regular Meeting
Minutes
!....7.A.C
November 21, LUll
~~-~----~-~--~~_..,
_~r----,"""'
RESULT: ADOPTED,rCNAlNIMOUSj, , '
MOVER: " Rikke Van Johllson, Council Member, Ward 6
,..<(::.:,:i,'< ,','.>'>i-':i'-'" _ _.' ,: "::i+:::\:"i'-- -",:'>':-,'
SECOl'lDER(Tobin Briuker; Council Me/(lber, Wa~d3 '
AYES: ' Marquez, Jenliins, Brinker;ShOretl, Kelley, Johns"n, McCammack
;.:....'. . ,-,"'::,';,"
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--_.~-_..__._--~-"-,-~..~_.,,-.
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K. Publlc Works
RES-2011-304 Resolution of the Mayor and Common Council of the City of San
Bernardino Declaring Its Intention to Order the Vacation of a Portiou of Spruce Street
Between Mt. Vernon Avenue and a North-South Alley Approximately 150 Feet West of
Mt. Vernon Avenue and Reserving Utility Easements Therein.
Discussion ensued regarding owuership of the public right-of-way and the adjoiuing
parcels.
Ms. McCammack stated that she was concerned that closing off Spruce Street and
making it a cul-de-sac would create a major traffic impact on the streets just west of Mt.
Vernon.
Mr. Eisenbeisz stated that his understanding is that this is actually removing the street
as a public street so there won't be a cul-de-sac. If there is one as part of the
development plan, then it would either have to be rededicated as a new public street or
it would be a private cul-de-sac. He stated that it does make connection with the north-
south alley right now, but a portion of that north-south alley has already been vacated as
part of a prior action with the Arco station, so in the end there will probably be no
impact as far as the traffic aspect of it, but as far as new development, that would have
to be reviewed at the time it is developed.
Motion:
Adopt resolution.
RESULT:
MOVER:
SECONDER:
AYES:
ADOPTED 1l:J~ANIMOlJSr" ,
C/1~S A. Kelley, Coun,cil Me~ber; 'Yard 5
Tob\n Brinker, Council MemHet, Ward 3
Marquez, Jenkins,,:ari!)ker, Shorett;'Kelley, Johnson" McCammack
'.-,:>":',:.:'.,- ,'. ......::..>: ','.' . '::.;:; "
~-'.._-"---'---'--'-~-'-'-~--"".-'-'---~---_.~-~--';""_"~_.._._-~.~-"-,-,._,.._'.~._._--';"'-~~---~."- ----.."...>----------------
6. Public Hearings to be Heard at 4:00 p.m.
A. Communltv Develooment
RES-20Il-300 A Resolution of the Mayor and Common Council of the City of San
Bernardino Approving First Amendment to Development Agreement No. 91-01 Between
the City of San Bernardino and the Developer of the Inland Center Mall, Located at 500
South Inland Center Drive.
The hearing remained open from October 17, 2011.
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Mayor and Common Coutlcil of the City o/Sall Bernardino
Page 8
Printed 1/18/2012
;:'~'~fT f':"!t1~'TlI'''' '
~~'" ~1tlI . ;M1;14~,i
~\T,.t.,-,",~"\M '..n.,.JVG>>.',"
Joint Regular Meeting
Minutes
17.A.C
November 21, ,",u I I
Margo Wheeler, Director of Community Development, stated that this was a request by
the developer to extend the completion dates of the development agreement from the
original dates of 2006 and 2011 to 2026 and 2031. She stated that the original approval
was for 20 years. Ms. Wheeler stated that the extension also includes clarifications and
updates; specifically, lhe significant changes and improvements to the 215 Freeway have
made some changes to the property itself and have affected the parcels. She stated that
the original development agreement and the amendments were distributed on disk. Ms.
Wheeler added that Emil Marzullo, Interim Executive Director of the Economic
Development Agency, and the developers were present to answer any further questions
with regard to the specifics of the amendment.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individual that he would provide true and honest testimony:
Mark Ostoich, representing Inland Center, stated that they have worked a long time to
complete what is a very technical amendment to the development agreement. The
economy has affected the regional mall business and as a result of that they have been
unable to make the progress they had hoped to make up until now. The amendment
requests additional time to complete the plans and reconfigure to account for the fact that
the State Route 215 Widening Project occurred and took away land from the Mall.
Mr. Ostoich stated that the Mall is the City's largest sales tax producer and because
Inland Center has been adversely affected by this economy they would like to move
forward with some exciting pending projects that will return them to a state of strong
financial health. They have worked with EDA for the past several weeks on an additional
provision in the development agreement amendment that would clear the way for the
Council's approval if they chose to approve an item that's coming forward later on the
agenda-the Regal Cinema transaction at the old downtown cinema. Their provision
would allow that to occur, but not knowing whether the Council will approve that
transaction, if they did not, it would not affect the provision in their agreement, it would
just run out and they would be able to develop in the future according to the Development
Code. He stated that they are fine with the langnage in the agreement and they believe
EDA is fine with the language. The language does not change depending on the outcome
of the Regal Cinema transaction. He voiced his support for the plans for the downtown
and stated that they have agreed to some significant concessions.
Council Member/Commissioner Marquez stated that the backup talks about two phases,
Phase 1 and Phase 2. She asked Mr. Ostoich to describe each Phase including the
parking accommodations.
Mr. Ostoich stated that in 1996 when the original development of Macy's occurred, a
parking structure was built that added some significant parking to the facility. The
department store and the parking structure were built and additional projects were
anticipated. He stated that they haven't been able to complete all of those projects within
the time originally allotted predominantly due to the general economy. Phase 1 involves
constructing one new anchor, which is the existing Macy's store; a second anchor-and
that's where they have not as of today been able to perform; lower level retail shopping
mall improvements, which were made; and three adjacent parking structures-they have
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Mayor and Common Council of the City of San Bernardino
Page 9
Printed 1/18/20/2
Ip~~Iii\oJ'1t18h;1
. ...",,11. ."""
Joint Regular Meeting
Minutes
~ 7,A.c
November 2 ,;!Ull
constructed one adjacent parking structure-the additional structures would have
anticipated the addition of a second major and additional activities at the Mall.
Mr. Ostoich stated that one of the other things that this development agreement
amendment confirms is that the existing parking, counting the spaces within the parking
structure and the spaces that are on the ground, are adequate for the present and planned
future additions to the Mall. As they move into Phase 2 and add additional majors,
additional parking structures wl1\ be required. Phase 2 contemplated a third major of
approximately 240,000 square feet of gross building area; additional second level retail
shopping in the Mall, which doesn't exist today; and other non-retail improvements of
approximately 25,000 square feet, so the second phase involves improvements, none of
which they have been able to accomplish. A significant portion of the improvements in
Phase I they were able to accomplish, but there's a portion that they were not able to
accomplish.
Council Member/Commissioner McCammack stated that in the document they were
provided, there is a paragraph on page 83 of the backup (page 3 of the Operative
Provisions) that states, "City and developer acknowledge and agree that such vested land
use entitlements regulate land use at the Inland Center Mall, notwithstanding the
subsequently approved amendment to City's Development Code." "The 2011
Development Code Amendment limits the location of cinema/theater complexes to three
screens or less in areas of the City other than within the downtown Main Street Overlay
District." Ms. McCammack stated that under the agreement she remembers voting on, it
was six screens or less in any other areas besides downtown.
Mr. Ostoich stated that if that is correct, then that is a typographical error.
Ms. McCammack asked Mr. Ostoich ifhe was still okay with that language.
Mr. Ostoich stated that he was okay with the concept.
Ms. McCammack stated that on page 4, based on the current language provided to them
for the Regal Cinema, it looked like some of the language is meant to mirror the language
in the Regal Lease. It states, "As used herein, a "First Run Theater" means a first-class,
multiplex theater containing at least four (4) screens and having stadium-style seating,
that runs exclusively mainstream first-run films from any major, nationally recognized
film company and/or distributor, during the initial new release period of each film." She
stated that that is not what the agreement with Regal says. Ms. McCannnack added that
the next paragraph says, "If after First Run Theater operations have commenced at the
Downtown Cinema, such First Run Theater operations are downgraded so they are no
longer a First Run Theater operation." Ms. McCammack stated that nowhere in the
agreement does it say that they are required to be a First Run Theater.
Mr. Ostoich stated that he just recently became aware of that. Macerich, the owner of
Inland Center, owns malls throughout the United States and they are very experienced.
They have many, many theater operators that they deal with. "First Run Theater" is a
term of art in the industry. The term "First Class Cinema" in the other agreements, he
stated that he has not read the other agreements, but that language in his opinion is not
universally understood. It may be fine, but it's not the term of art that's known in the
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Mayor and Common Council of the City of San Bernat'dino
Page 10
Printed 1/1812012
1'~~~""n<<'1
':t~'<,,~"~<ig:~~~:!;~;;;
Joint Regular Meeting
Minutes
1.7.A.C
November 21 , :.!U11
industry like "First Run Theater." Mr. Ostoich stated that hopefully there's a way for
Regal and EDA to reconcile their issues with the language. He stated that they probably
are intended to mean the same thing, but he was more comfortable using an accepted
term.
Ms. McCarnmack stated that she understood that, but their agreement does specifically
say that the tenant shall have the sole right to select the motion pictures and other
transactions exhibited in the theater and the landlord shall have no expressed or implied
right of censorship over any motion pictures or other attractions exhibited in the theater.
She stated that it doesn't indicate what they are and aren't allowed to run, and hopefully
that is not in contradiction to anything in Mr. Ostoich's agreement.
Mr. Ostoich stated that it would not be because if Regal doesn't operate a First Run
Theater, they will be moving down the road to obtain a First Run Theater for the City and
Regal will be operating at their own risk. He added that he believed the language issue
could be resolved.
Motion:
Close public hearing and adopt Resolution.
RESULT:
MOVER:
SECONDER:
AYE.S:,
ADOPTED [UNANIMOUS]
Rikke Van Johnson, Council Memb~r"Ward 6
.::j';'," , . ,,:,i';',,':;',."", ..".'<".'<;;;,!" '
Tobin Brinker, 'Council Member, Ward 3 ,
Marquez, JeIikins;'Brinker, Shotett, Kelley, Johnson, McCammack
',,, ."....:.',..:. ':C':,:,:':',':';:!':'.: :", ..........,:.'...
_~_,._._,_._____~__~""_~_~__._~______,___~"__.___._~_-'--__~._.'"~_.,.-'_.__-'____ft_~_~c.___"_---'-.:,._~_,_
7. Continued Items
A.
Human Resources
RES-2011-305 Resolution of the Mayor and Common Council of the City of San
Bernardino 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.
Linn Livingston, Director of Human Resources, stated that the initial contract was with
Irma Rodriguez Moisa for $30,000 for Police and Fire negotiation services. She stated
that the first amendment was a request for an additional $15,000 for a total of $45,000.
This is the second amendment and they are requesting an additional $30,000 for a total of
$75,000, which is due to the ongoing negotiations with the firefighters. She stated that
staff is hopeful that this will be enough to fulfill the contract.
Discussion ensued and concerns raised by the Council included the use of an outside
consultant and the process that was followed.
Council Member/Commissioner Kelley stated that he would be voting "no" on this item.
He stated that someone from the outside needed to be hired to be independent and give an
honest objective argument and he would prefer they go to arbitration.
Motion:
Adopt Resolution.
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Mayo,- and Common Council of the City of San Bernardino
Pagel!
Printed 1//8/20/2
I'>>>-~!.ir" I
:~t~', '< ";" ,,;~J~,q;:\i::
Joint Regular Meeting
Minutes
J 7.A.c
November 2 ,~UI I
~-~---~'_~--------_..'''-'-'_~.-'-'_~.,.-~
ADOPT~~ [4 TO 3] , . '. .1.. .
<;hasA.K~lley:Counci\ Membef' Ward 5.
:R:lkkeVall JollJison, Council Member, Watd6 . . .
Virginia Marquez, Tobin: 13rirtker, Fred Shoret!, Rikke Van Johuson
. . _ RObert D. ienldns, Chas~. Kelley, weQdy J. McCammack
RESULT:
MOV<ER:
SECCONDER:
AYES:
NAYS:
,
;" -: . ,
_.............:;._--'-c...:..;.,_.-'"--"-_'-__-'.~.__"'___~~~__.;."',"~~.__"____'____'__'~__~_'_.."-'-,__~~""--___~.~'_...~~_.______'_~_~______~_.___,:_"__'"'____"....c-._
8. Staff Reports
A. City Attornev
Budget Amendment for the Office of the City Attorney to Pay Billings from Outside
Legal Counsel for Services Rendered and to Pay Litigation Expenses Previously
Incurred
City Attorney Penman slated that the source of the money for the previous agenda item
(7 A) was the General Fund, General Government, ProfessionaVContractual, Non-
departmental, FY 2011112 budget. He stated that the budgeted amount in that account is
$1,387,700, reduced by the $75,000 that was just approved for Agenda Item No. 7A,
leaving a balance of $520,256. Mr. Penman slated that the money will be paid eventually
whether it is paid voluntarily or the court orders the City to pay it. If the City is sued and
the court orders the City to pay this amount of money, in addition to having to pay the
amount that is due under the contracts, it will most likely also include interest, attorney's
fees and court costs for the failure of the City to honor its contractual obligations.
Council Member/Commissioner McCammack stated that her concern is that there are
several large pots of money in the City's budget that would be insurance against large
settlements required to be paid by the City and one of those is in the Liability Reserve
Fund, which has $3 million. If they can't invest the amount of money either through a
direct budget amendment into the City Attorney's budget, or even as a potential loan
similar to what was done last year, then that $3 million will not be enough to cover
settlements and judgments that come forward.
Council Member/Commissioner Jenkins stated that the Council has approved these
contracts and they need to honor them. He asked if it is possible to approve the City
Attorney's request out of the General Fund, General Government, Professional/
Contractual, Non-departmental, FY 2011/12 budget.
Terrence Beaman, Assistant Finance Director, stated that they could do that based on
direction from the CounciL
Motion:
Take $140,884.93 from the General Fund, General Government,
Professional! Contractual, Non-departmental, FY 2011112 budget and that
the remainder of $622,652 be taken from the Litigation/Outside Counsel
budget.
Public Cornments:
Matt Korner, San Bernardino, CA.
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Mayo/" and Common CouncU of the City of SOIl Bertlardino
Page 12
Printed 111812012
I'''~;I
. 1!1lC. ' ..
::"""'""""~'""',,",m'" ="d"'"':':"""
Joint Regular Meeting
Minutes
~ 7.A.c
November 2 ,2011
.._-~~.-^--"-~~-~ ~-~"""""""".--~.'--.~~""'--'-~
RESULT:FAILEDg tb 51.
MOVER:. . ,~ol:>ertD,~lWGn~' Coimcil Member, Ward 2 .
SECONDER:' Chas A. Kelley; Coun~il Member, Ward 5
AYES: Robert ri,'Je~1is,.we\1dyJ. McCarmnack
NAYS: . _ :, . Marq)le:l', Brihker"ShOrett, Kelley; JohDson
___~_:_._~~'~__-'.:~~~C::~;.:.:c:2~~.'~~":;_~-'-C';~"':':""';;~-'-'':'_':''-__~_~___"-___--.:"---'-:-----'. ,.......;:.c._:c,~,~,.~'-'.c.-'_.,"_,;.:.:.-'-_:_
Motion:
Fund request from the City Attorney's Office FY 2012/13 budget.
__,""___~__~_"~'__ - .~~---- ----- - c-n.~.-,7:-':'.":-"-~"'-"'~;""-~-'~'''''''''7c~':''--~--'"-'--,-.."..----....-,...--...----,.-'.---..----- ,-.------.:---~ ,--,-..----.-
RESULT: Fi\ILEl)t3T(>4I.... .
MOVER: . W,erldy J. )y1clZ~min~l<, CO)lnoil Melnber, Ward 7
SECONDER: Chas A. Kelley; COll1)'~i1Mentber; WahlS . . .
':;;. "',;, ",;: .<:.<':: ';";.;_j' . ';,' ;,', :'<';,':,/-"}';.,;;;<i'::'.: ..,<;,';'
AYES: RObertD: Je1)kitiS~pl:as A. Kelley, Wendy J:MliCamm:ack
NAYS: ' Virginia Marquez, Tobin Brinker, Fr~d Shorett, Rikke Van Johnson
____,_~._~___________..c..___.ft_"~~_~.....;__._M._'___=_"__~"_~_~'__.._,~"_.~-,-____...........c..-_~,__"""---____",,,____,~_;~,__,-,_____,___---'--------
9.
Community Development Commission
A.
Economic Develoument Aeencv
Homebuyer Assistance Program Report for the Quarter Ending June 30, 2011;
Authorization for Affordable Housing Solutions CARS) to Serve as the Lender for
Homebuyer Assistance Program (HAP) Loans
Consensus
Motion: Receive and file Quarterly Report of the Homebuyer Assistance Program
(HAP) activities for the Redevelopment Agency of the City of San
Bernardino and authorize Affordable Housing Solutions (ARS) to serve as
the lender of HAP loans.
B.
Economic Develoument Aeencv
Loan Monitoring Status Report for the Period Ending June 30, 2011
Consensus
Motion:
Receive and file Loan Monitoring Quarterly Report for thc
Redevelopment Agency of the City of San Bernardino.
C. Economic Develoument Aeencv
Covenant Monitoring Quarterly Status Report for the Period Ending June 30, 2011
Consensus
Motion:
Receive and file Covenant Monitoring Quarterly Report for the
Redevelopment Agency of the City of San Bernardino.
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Mayor and Common Council of the City of San Bernardino
Page 13
Printed 1/18/2012
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Joint Regular Meeting
Minutes
17.A.c
November 21, :.!U11
D. Economic Develonment Al!encv
Discussion aud Update on the Status of the Proposed Regal Lease Transaction for
the Downtown Cinema Project and Community Developmeut Commission
Recommendations to tbe Sau Bernardino Economic Development Corporation
Emil Marzullo, Interim Executive Director of the Economic Development Agency, stated
that theissue is that theproperty in which the former Cinema Star is located is actually
under the ownership of the Economic Development Corporation. He stated that the lease
transaction will be conducted by the Economic Development Corporation Board of
Directors immediately following the Council meeting, and the Council could either
recommend in favor or in opposition to the EDC's approval of that particular lease. Mr.
Marzullo gave an overview of the project.
Mr. Marzullo stated that his recommendation is to take public comment, move the item to
an advisory vote of council, and move it forward to the EDC. His recommendation is
that the Regal lease approval be subject to some minor discrepancy cleanup. No
substantive issues, but some minor issues of clarification.
Mr. Marzullo stated that they spent 4 months dealing with Macerich on some issues and
those are some of the issues that are inconsistent. He stated that there are inconsistencies
with wording - "first class" theater versus a "fust run" theater. Regal prefers "first class."
They attempted to get Macerich to change their wording from "first run" to "first class"
to be consistent and they would not do so. Mr. Marzullo stated that the issue is with the
development agreement that was put in place by Macerich and the City back in 1996.
They did get Macerich to recognize that there is a theater project emerging downtown
and they have had 16 years at the Inland Center to put in a theater if they wanted to, but
they have not.
Public Comments:
Matt Korner, San Bernardino, CA;
Fatimah L. Thomas, San Bernardino, CA;
Andrew Machen, San Bernardino, CA;
Rabbi Hillel Cohn, San Bernardino, CA;
Susan Longville, San Bernardino, CA;
Warner Hodgdon, San Bernardino, CA, subrnitted into the record a memorandum
addressed to the Mayor/Council, CDC, SBEDC Members, Commission and Directors,
dated Monday, November 21, 2011, which included a list of 13 attachments regarding the
Regal Theater; .
Jim Smith, San Bernardino, CA;
Mary Schnepp;
Lillice Anderson, San Bernardino, CA;
Judy Brewer;
Stephanie Allen, San Bernardino, CA.
Steve Onstot, Deputy City Attorney, provided an in-depth analysis of the project. He
continued by reviewing points outlined in an email dated November 16, 2011 to James
Pemnan, Stephanie Easland, and Henry Empeilo, which was submitted into the record.
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Page 14
Printed 1//8/2012
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Joint Regular Meeting
Minutes
~ 7.A.c
November 2, ~u I I
City Attorney Penman stated that there are CEQA issues that have not been addressed
and iftbe Conncil takes action it could result in serious personal liability exposure.
Council Member/Commissioner McCammack stated that they are being asked to
recommend a lease for which they have no development agreement and have no legal
standing.
Emil Marzullo stated that the development agreement has been written and submitted to
the Community Development Department to schedule a hearing in the next few weeks.
Council Member/Commissioner Kelley asked if this would preclude a multi-plex theater
from opening on the north end.
Mr. Marzullo stated that both the lease and the development agreement contains the
language that they had approved in the ordinance amendment back in Mayor June so
there is an allowance for a certain type and certain number of theaters at different places
in the City. He stated that based upon the market research that was done, there is really
only one place and one market for a "first run" theater in this City. There simply isn't the
ticket capacity within the market region to have two "first run" theaters. If Regal is there
and is successful it's very unlikely you will see a secondary market, either first or second
run, anywhere else within the City or at the borders.
Mr. Kelley stated that he understood what Mr. Marzullo believed to be true based on the
education he shared with them recently that he had been receiving after multiple years
working on movie deals. He stated that we are still challenged with drawing residents
downtown and asked how many screens Regal will have if the Council approves this
action.
Mr. Marzullo stated that there will be 14 screens.
Mr. Kelley asked if someone could open a theater on the north end.
Mr. Marzullo advised that the language states that the City may permit other theaters in
the City. It needs to be a minimum of four screens at other locations. In other words,
you couldn't come in and do a one-screen or two-screen theater.
Mr. Kelley asked if someone could open ten screens on the north end of the City.
Mr. Marzullo answered in the affirmative.
Mr. Kelley asked where that statement was noted in the document. He stated that he was
interested in hearing what Mr. Sabo would advise this body regarding the statements that
were made by the City Attorney.
Mr. Marzullo advised the Council that he had misstated. He stated that the ordinance that
has been approved would not allow ten, it would allow a maximum of four, and the
language they need to reconcile is the language within the lease and the development
agreement where there are some inconsistencies. You could have a theater of up to four
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Mayor and Common Coundl of the City afSan Bernardino
PagelS
Printed 1//812012
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Joint Regular Meeting
Minutes
~ 7.A.c
November 2 ,;,:u11
screens, but not exceeding that in other locations. In the downtown core, which they
have defined, you may only have a multiplex theater greater than that.
Agency Counsel Sabo stated that that is one of the inconsistencies that he noticed, as did
Mr. Onstot, and that is one of the things they need to reconcile. As has been pointed out,
Regal uses the term "first-class" and MacerichlInland Center Mall uses "first run."
We have an ordinance that was adopted this past summer that creates a downtown theater
district that places no limitation on the size of theaters in the downtown area and outside
of that, it is a limitation of four. Regal has added a requirement, which he didn't know if
it was in addition to or in lieu of that four, where they said 3,000 square feet and 200
seats. There are several theaters that are below 3,000 square feet and 200 seats and most
average greater than that. The largest ones are about 450-480 seats. He stated that he did
not know how that is going to be resolved other than he knows that they are not going to
allow the City to sign a document that is going to create a problem if the "first class"
becomes a "second run" and then allows Inland Center Mall to develop a theater.
Council Member/Commissioner Jenkins asked why the development agreement did not
go to the Planning Commission before the lease.
Mr. Sabo stated that that is one of the inconsistencies. When the lease was drafted and
that language was first inserted, it does contemplate at or about the same date that the
development agreement would be in effect. That is one of the things that has to be
pointed out to Regal; they are not on that same track and there is going to be a lapse in
time in the best case. In the worst case, maybe the development agreement does not get
approved. This development agreement deals with two things, as was pointed out by the
City Attorney's office, the living wage requirement and the entitlement issues.
Mr. Sabo stated that as the documents came forward in one package, there were issues
that were being resolved, and still need to be resolved between the two documents. He
stated that what was contemplated to be almost a simultaneous approval simply is not
available at this time. As far as the construction schedule, Regal has to be aware that
there is a risk to them if there is no development agreement. Once Regal knows that there
is no development agreement as of the date of this lease, and cannot be, their reaction
may be to delay it or to proceed. If that does occur, he still wants to be able to advise the
EDC Board of the possible risk if they proceed and there is no development agreement.
Council Member/Commissioner Jenkins asked why this was coming before the Council
now if there is a possibility of delay and there are inconsistencies.
Mr. Sabo stated that they want to get the process going. They want to get comments
from the City Attorney's office, the Council, and the public, and they want the
opportunity to work out the issues.
Council Member/Commissioner Jenkins asked if there was an example of any
government body that has taken this approach on something like this in the region, in the
State of California, or in the City's history.
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Mayor and Common Council of tile City of San Bernardino
Page /6
Printed 1//8/2012
Joint Regular Meeting
Minutes
r=u:n
November 21 ~
Mr. Sabo stated that the closest thing h ~he Stater Bros. distribution center where that was
already constructed and when construction started and the development was approved,
their concern was that they did not want any additional changes in the City zoning to
affect what they may do later. At that same time the City Council approved three or four
development agreements with Hillwood for their industrial projects where most, but not
all, had already been built. Again, they did not want to see a zone change or a General
Plan change that would affect them after they were built.
City Attorney Penman stated that neither of those projects was relying on public funds.
Mr. Sabo stated that there were tax increment reimbursement agreements.
Mr. Penman clarified that that was not the kind of funding they would be providing for
the theater.
Mr. Sabo stated that that was correct.
Council Member/Commissioner Jenkins stated that he is concerned with a monopoly. He
did not think they would allow any other business to open up in the City and dictate to
them that they would be the only one. He stated that he was concerned that the word
"inconsistencies" is repeated throughout the agenda item; however, the SBEDC is the one
who is going to put themselves out on the line [or that. He asked why Exhibits A-D were
not included in the backup.
Mr. Marzullo stated that Exhibits A-D were included in the documents. Exhibit J is not
included because it is the restaurant reconfiguration. They don't have all the tenants for
the restaurant so they cannot show a configuration until they have the tenants and know
how the space is going to be built out.
Mr. Jenkins advised that none of the Council members received Exhibits A-D. He
questioned how he could make a recommendation to SBEDC if he didn't have the
document.
Mr. Marzullo stated that they had been sent to the Council Office via e-mail.
Mr. Penman advised that the Council members are individually vulnerable.
Mr. Sabo stated that there is some work yet to be done. By approving this in concept the
Council would be authorizing them to move forward and continue to negotiate, draft, and
work out the last details. If they do not come to any conclusion, they would not bring
back the final form. He stated that they hope they can resolve the issues within 30 days.
Regal has some changes they want to make also. He stated that approval in concept
would be fine.
Mr. Marzullo responded to the questions brought up by Mr. Onstot in his memo dated
November 16, 2011.
Mr. Penman argued the accuracy of Mr. Marzullo's comments.
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Mayor and Common Council of the City a/San Bernal'dillo
Page J 7
Printed 1/18120/2
IfiE'&Ft'" I
'i:t",~",s~!5l... . ~t,:i6:-~;
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Joint Regular Meeting
Minutes
I 7.A:c
November 21 , 2011
Council Member/Commissioner Brinker stated that he did not get Mr. Onstot's memo
until late this evening and noticed it was written in the morning on Wednesday,
November 16, 2011. He stated that this is a big decision and this is a project they have
been working on for close to a year now. He stated that he is a member of the EDC and
his concern is that there could be some legal liability. He asked ifhe could sit down with
Mr. Sabo in closed session to ask him some legal questions.
It was the consensus of the Council to amend the motion to add the words "in concept."
Motion:
The Community Development Commission of the City of San Bernardino
recommends to the San Bernardino Economic Development Corporation
approval and final execution of the proposed Regal Lease for the
Downtown Cinema Project, in concept.
RESULT:
MPVJi)R:
SECONDER:
AYES:
NAYS:
ADQP:tED (4 TO 31
Virginia Marque:z;; Council Member, WSI'd 1
Rikke Van Johnson, Council Member, Ward 6 .
Virginia MarqueZ., Tollin Brinker, Fred Shorett, Rikke Van Jolinson
RobertD. Jenkin~, Chas A. Kelley, Wendy J. McCammack
--~-~----~----_.~,-~~~-~-~----~. .---_.._~...;,--,----~---------~-~--_..~_._---_.__.-.~-~
E.
Economic Development Aeencv
CDC-20ll-57 Resolution of the Community Development Commission of the City of
San Bernardino Approving and Authorizing the First Amendment to Contract Dated
July 21, 2010, the 20l0-HUD Section 108 Loan Refinance Contract Documents for
Implementation of Substitution of Collateral and Authorizing the Interim Executive
Director of the Redevelopment Agency of the City of San Bernardino (" Agency") to
Execute the First Amendment and Related Documents for Implementation of the First
Amendment 20l0-HUD Section 108 Loan Refinancing for Loan Guarantee Assistance
Vnder Section 108 of the Housing and Community Development Act of 1974, as
Amended, 42, V.S.C. 95308 for Series HUD 2010-A Certificates (CDBG Section 108
Contract No. B-96-MC-06-0539) (Central City North Redevelopment Project Area).
Council Member/Commissioner McCarnmack stated that she would abstain because the
item pertained to the Uptown Redevelopment Project Area. She left the Council
Chambers.
Public Comments:
Warner Hodgdon, San Bernardino, CA.
Motion:
Adopt Resolution.
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Mayor QlId Common Council of the City afSan Bernardino
Page 18
Printed /1/812012
I'''' '%""''''~'''''~'''l
-:F;'ePlJr:liii:;.-27;s,,:
.!!i!.._....~gr, ....
Joint Regular Meeting
Minutes
~
November 21~
__.._.".~._~_ _~,"__,_~~_,-,-.__""__~,_,~"_,_""_,,_,,,,--,,,,,-,,'__~----:"__""'--",r_~_,__:,_~__-cc-,:.:.:.,-.._,___.___..__,_-:-:__.-c-,-_:_~",--__,.,_.......--c------TC-,-'. 'r" ",""C-
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RESiJLT: AD0PTEI>[5 TO 1]
MOVJtRi Tobiil'Srinker,'Coll11cil Member, Wilrd3,
SEC<>NDER:' Vrr!li\1iaM~quez, Council M~ber,W";'d 1
AYES: 'Mat-quei, Jehkins, Brinker, Siiofetl, Johnson
- NAYS:-" - - -(;has A; Kelley - :..
ABSTAIN: Wendy J. McCammack
F. Economic Develonment Al!encv
RES-201I-306 Resolution of the Mayor and Common Council of the City of San
Bernardino Approving and Authorizing the First Amendment to Contract Dated July 21,
2010, the 201O-HUD Section 108 Loan Refinance Contract Documents for
Implementation of Substitution of Collateral and Authorizing the City Manager to
Execute the First Amendment and Related Documents for Implementation of the First
Amendment 2010-HUD Section 108 Loan Refinancing for Loan Guarantee Assistance
Under Section 108 of the Housing and Corrununity Development Act of 1974, as
Amended, 42, U.S.C. 95308 for Series HUD 2010.A Certificates (CDBG Section 108
Contract No. B-96-MC-06-0539) (Central City North Redevelopment Project Area).
Council Member/Corrunissioner McCammack stated that she would abstain because the
item pertained to the Uptown Redevelopment Project Area. She left the Council
Chambers.
Motion:
Adopt Resolution.
RESULT:
MOVER:
SECONDER:
AYES:
NAYS:,
ABSTAIN:
ADOPTED [5T01] . '
Tobin Brinker, Council Membet; Ward 3.
" '. .' ..' -,' "': ':>-,-,.-, ':,> ;':',"::-'-:'.:-
Virginia Marquez, Council Member; Watd 1
Marquez, Jepkins, Brinker, Sho",ti,,1ohn$on
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Chas A. Kelley
WcndYJ. McCammack
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G. Economic Develonment Al!encv
CDC-2011-58 Resolution of the Community Development Commission of the City of
San Bernardino To: 1) Approve and Authorize the Transmission of the preliminary
Report to Each Affected Taxing Entity; And, 2) Forward the Draft Redevelopment Plan
to the Planning Commission of the City of San Bernardino for Their Report and
Recommendation for the Merged, Amended, and Restated Redevelopment Plan for the
Proposed San Bernardino Merged Redevelopment Project Area B (State College,
Central City West, Northwest, Mount Vernon Corridor, 40Th Street Redevelopment
Project Areas) and Added Areas.
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Mayor and Common COUI/cll of the City Of SaIl Bernardino
Page 19
Joint Regular Meeting
Minutes
~
November 21 ~
Council Member/Commissioner McCammack stated that she would abstain because the
item pertained to the Uptown Redevelopment Project Area. She left the Council
Chambers.
Motion:
RESULT: .
MOVER:
SECONDER:
AYES:
ABSENT:
AWAY:
Adopt Resolution.
ADOPT~D [$1'0 0]'. .... .
Tobii\Brlclt~r, Council MelUbe~, Ward 3
Virginia Marquez, CouncilN1embet, Ward I
Marquez, Jenkins, Brinker, Shoi'~tt"Johoson
Chas,A. Kelley
Wendy J.: McCammack
-, --,-"'-~------_...:,,---_..,----~--~-~""'-~,,~~~-~'~-----------
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H.
Economic Development Aeencv
CDC-2011-59 Resolution of the Community Development Commission of the City of
San Bernardino To: I) Approve and Authorize the Transmission of the Preliminary
Report, Including Those Portions Dealing with the Uptown Redevelopment Project
Area, to Each Affected Taxing Entity; And, 2) Forward the Draft Redevelopment Plan,
Including Those Portions Dealing with the Uptown Redevelopment Project Area, to the
Planning Commission of the City of San Bernardino for Its Report and
Recommendation for the Merged, Amended, and Restated Redevelopment Plan for the
Proposed San Bernardino Merged Redevelopment Project Area B and Added Areas.
Council Member/Commissioner McCarnmack stated that she would abstain because the
item pertained to the Uptown Redevelopment Project Area. She left the Council
Chambers.
Motion:
RESULT: .
MOVER: .
. SEC0NDER:
AYES:
ABSTAIN:
ABSENT:
Adopt Resolution.
ADOP'J,'EQ [5 TO 01. . , '.
TobiV Brinl<'e~;,C;;ounc11 Member. Vlfarli 3,
Virginill:Mlirqllez, Council Mlirnb~r, Ward 1
Mar\tuez, JeNkins, Brinker, ShOteti: Joho~on
.. .......,...,;.:..,'.,',.:.,'::...'.':: ",:" ',",' .. ' "-,.,.,.,......... ..
Wendy J..McCanunack
Cha~ A. Kelley
..________~_..~__ ~u~_______""~________'_"__..._-'"_~~_._.:.
--.----,--,--------------~_.._----~._-~~_.......
10. Public Comments on Items Not ou the Agenda
Betty Jean Long, San Bernardino, CA, stated that she was the victim of a scam
regarding her social security.
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Mayor and Common Council afthe City ofSa1J Bernardino
Page 20
Printed 1/1812012
l:tl'!i:~W:~~2~t\:1
.'.:.:<;...,"'f.;~~L~*",*,,~,._..,.,'
Joint Regular Meeting
Minutes
~ 7.A.c
November 2 ,:.!U11
Carol Donnelly, San Bernardino. CA, stated that the downtown area is considered unsafe
because there are not enough police patrols; stated that she was sad to hear that the new
council person will not be seated until March; and the remainder of her time was used to
make negative statements against the Mayor.
Nicole Smith, program coordinator for the African American Health Institute in San
Bernardino County, stated that the Department of Mental Health has been conducting a
statewide community based project to better understand the complex issues of major
ethnic population needs for prevention and early intervention and the results could be
viewed at www.aahi-sbc.org.
Billy Joe Chacon, San Bernardino, CA, spoke in opposition to the new movie theater.
Haywood Jackson, read Ezekiel Chapter 34 ofthe Bible.
11. New Business
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A. CDBG Funding for Legal Aid of San Bernardino
Motion:
Item arose after the posting of the agenda and there is a need to take
immediate action.
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RESULT:
MOYER:
SEC@NDER:
AYES:
".,,;
ADOPTED [UNANIMOUS] .
Virginia Marquez, Council Member, Ward I
Chas A. Kelley, Council Member, Ward 5
'.' Marquez, Jenldils, Brinker, S\1<itet\, Kelley, JQhnsor, McCammack
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Public Comments:
Roberta Shouse, Legal Aid.
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Council Member/Commissioner Marquez stated that she discovered that the Legal Aid
Society is short on cash and she was hoping they could get $20,000 from unexpended
CDBG funding.
Council Member/Commissioner Brinker asked how much money there is in unexpended
CDBG funds.
Brandon Mims, Project Manager/Assistant of the City Manager, stated that there is no
CDBG funding that is not currently allocated to an activity in the current 2011/12 action
plan.
Council Member/Commissioner Kelley asked if there was a fund balance.
Mr. Mims stated that he did not have that information-that was something they were
working through with EDA.
Mayor and Commoll Council of the City afSan Bema/'dillo
Page 21
Printed 1/18/2012
Joint Regular Meeting
Minutes
I 7.A.c
November 21 , 2011
Council Member/Commissioner Brinker stated that in years past at the end of each year
there is typically some money that has not been expended that carries over. He asked if
staff had any sense of how much money was not expended from last year's budget.
Terrence Beaman, Assistant Finance Director, stated that last year there was about
$300,000 that was not expended !lI1d was carried over into this current year, so the
original appropriation was about $3.2 million, plus the carryover, for a total of $3.6
million. He stated that those funds have entirely been allocated to projects.
Mayor Morris clarified that all of those reSources have been allocated to various projects
and obligations and there is nothing at all that remains in terms of the commitments that
have been made by the Council.
Mr. Beaman stated that similar to prior years, there are always funds that are left over
from the current year's activities that are not expended and those funds will go through a
process of being carried over to next year's budget or used in the current year's budget,
as needed.
Mayor/Chairman Morris clarified that the motion was to use the "left over" resources that
are unexpended from the current fiscal year.
Council Member/Commissioner McCammack stated that as a matter of policy, any
unexpended funds where a check has not actually been cut gives the Council the authority
to then reprogram that to whatever they choose in telms of what is legally required for
CDBG funds, so they could use anything that is left over and is unappropriated.
Mr. Beaman stated that the Council had two options. The first option would be to take
what they currently have allocated in the budget and reallocate it. Second, as in prior
years, they could wait until midyear or at the end of this current budget year and
depending upon what is left over they could also at that time reallocate what they have
not expended,
Emil Marzullo, Interim Executive Director of the Economic Development Agency, stated
that they had run the CDBG program for many years, He stated that the Council will
need to adopt in the motion that this falls under the criteria of urgent need-a need that has
not existed for 18 months-and the City will then have an easier time qualifying that
particular expenditure.
Motion:
Approve the allocation of $20,000 of CDBG funding to the Legal Aid
Society of San Bernardino and that the check be issued immediately due to
the urgent need,
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Mayor and Commoll Council of the GUy olSan Bernardillo
Page 22
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Joint Regular Meeting Minutes November 21, 2011
------------- ,---'- --..------ ---"---~'_._,, ",- , .,
RESULT: 'AI>OPTED [UNANlM'ouSj' """ , " ! "
MOVER: ,Chas A.kelley, Council Melnb~r; \Yard 5. . ,
SECONDER: ~endy 1. McCamma~k,FoU:n~ilM~mber, W~rd , " , ' ,
AYES: Marquez,.Jenkins, Brinker, Shdrett, Kelley, Johnson, McCarnmack
12. Adjiiurnment
The meeting adjourned at 8:49 PM. The next joint regular meeting of the Mayor and
Common Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, December 5, 2011,
RACHEL G. CLARK, CMC
City Clerk
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Linda Sutherland
Deputy City Clerk
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Mayo/' and Common Council of the City of San Bernardino
Page 23
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CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
COllllcil Members:
Virginia Marquez
Robert D. Jenkins
John Valdivia
Fred Shoret!
Chas Kelley
Rlkke Van Johnson
Wendy McCammack
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MAYOR AND COMMON COUNCIL
AND THE
MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY
TO THE
REDEVELOPMENT AGENCY
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JOINT REGULAR MEETING
MARCH 5, 2012
COUNCIL CHAMBERS
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The joint regular meeting of the Mayor and Common Council and the Mayor and
Common Council Acting as the Successor Agency to the Redevelopment Agency of the
City of San Bernardino was called to order by Mayor Morris at 3:00 p.m., Monday,
March 5, 2012, in the Council Chambers of City Hall, 300 North "0" Street, San
Bernardino, California.
Roll Call
Present:
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Mayor Morris; Council Members Marquez, Jenkins, Shorett, Kelley,
Johnson; McCammack; City Attorney Penman; City Manager McNeely;
City Clerk Clark.
Absent:
None.
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Following the inaugural reception, newly-elected Council Member Valdivia took his
seat at the dais and newly elected City Clerk Hanua replaced City Clerk Clark.
1. Closed Sessiou
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
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B.
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Glen Aire Mobi]ehome Park Corporation. Pacific Palms Mobi]ehome Park
Corporation. Friendlv Village Mobilehome Park Corporation. Orangewood
Mobilehome Park Corporation and California Mobilehome Park Corporation v.
City of San Bernardino. City of San Bernardino Mobile Home Rent Board. City
of San Bernardino Economic Development Agencv. City of San Bernardino
Officer. Donald P. Cole - San Bernardino Superior Court, Case No. CrvDS
1114110;
Lisa Matus. individually and as Guardian ad litem for Rachel Matus. Ravmond
Matus and Lisa Marie Matus. minors: and Richard Matus v. City of San
Bernardino. San Bernardino Police Department - San Bernardino Superior Court,
Case No. CrvDS ]201235.
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:
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03/05/12 Agenda itern/Doc Id # 1577
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Conference with legal counsel - anticipated litigation - significant exposure to
litigation - pursuant to subdivision (b) (]), (2), (3) (A-F) of Government Code
Section 54956.9.
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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 propcrty negotiator - pursuant to Government Code Section
54956.8.
City Attorney Pemnan announced that the following case would be discussed in closed
session under Agenda Item lA, existing litigation:
Brian Boom and San Bernardino Police Management Association. et al. v. City of
San Bemardino. et al. - San Bernardino County Superior Court, Case No. CrvDS
1017219.
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7.A.d
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular ageuda of the Mayor and Common Council and Mayor and
Common Council Acting as the Successor Agency to the Redevelopment Agency.
Invocation/Pledge of Allegiance
The invocation was given by Sister Maura Redington from Our Lady of the Assumption
Church. The pledge of allegiance was led by Katie Kelley and Shelby Kelley, students at
Kendall Elementary School.
Inaugural Ceremony and Reception
2.
Appointments
There were no commission appointments.
3.
Proclamations & Presentations
Council Member Kelley presented a proclamation to the San Bernardino City
Professional Firefighters Local 891 Pipe & Drums declaring the month of March
2012 as 1rish American Month in the City of San Bernardino.
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4.
Annonncements
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.
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Council Member Shorelt made a motion, seconded by Council Member Marquez,
to waive full reading of the resolutions and ordinances on the regular agenda of
the Mayor and Common Council and the Mayor and Common Council Acting as
the Successor Agency to the Redevelopment Agency dated March 5, 2012. The
motion carried with Valdivia voting "no."
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5.
CONSENT CALENDAR
A.
Waive Full Reading of Resolutions and Ordinances
B. Personnel Actions - Classified
Conncil Member Shorelt stated that he was not comfortable making any hiring
decisions when it is unclear where they are insofar as the budget is concemed. He
stated he would not be supporting the hiring of anybody for a long time.
Council Member McCammack made a motion, seconded by Council Member
Marquez, to approve and ratify the classified personnel actions, as submitted by
the Chief Examiner in accordance with Civil Service rules and Personnel policies
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adopted by the Mayor and Common Council of the City of San Bernardino. The
motion carried with Shorett voting "no."
C. Personnel Actions - Unclassified
Council Member McCammack made a motion, seconded by Council Memher
Valdivia, to remove Personnel Action #1 from the list of unclassified personnel
actions. The motion carried nnanimously.
Council Member Shorett made a motion, seconded by Council Member Marquez,
to approve and ratify unclassified Personnel Action #2, as submitted by the
Director of Human Resources, in accordance with City and Community
Development Commission policies and procedures. The motion carried with
Valdivia voting "no."
D.
Resolution of the Mayor and Common Council of the City of San Bernardiuo
Authorizing the City Manager to Execnte Amendment No.2 to the Services
Agreement for Parking Citation Processing Services with Phoenix Group
Information Systems.
Council Member McCammack made a motion, seconded by Council Member
Valdivia, to table. The motion carried unanimously.
E.
RES. 2012-35 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the City Manager to Reject Bid F-12-04 for
Police Uniforms.
Council Member Valdivia made a motion, seconded by Council Member Johnson,
to Adopt Resolution. Resolution No. 2012"35 was adopted unanimously.
F.
RES. 2012-36 - Resolntion of the Mayor and Common Conncil of the City of
San Bernardino Awarding a Contract to Lighting Technology Services, Inc.
for Energy Efficiency Lighting Upgrades at City Hall, Norman Feldheym
Central Lihrary, and Central Police Station.
Concern was expressed that possibly more effort needed to be made by staff
relative to finding and hiring local contractors.
Council Member Kelley made a motion, seconded by Council Member Shorett, to
Adopt Resolution. Resolution No. 2012-36 was adopted with Valdivia and
McCammack voting "no."
7.A.d
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6. COMMITTEE CONSENT
A. An Ordinance of the Mayor and Common Council of the City of San
Bernardino Amending Chapter 15.28 of the San Bernardino Municipal Code
Regarding the Single-Family Rental Property Inspection Program (FIRST
READING)
Council Member McCammack made a motion, seconded by Council Member
Marquez, to layover Ordinance for final adoption. The motion carried
unanimously.
B. Approval of Landscape Maintenance Reorganization Plan - Parks,
Recreation and Community Services
Council Member Kelley made a motion, seconded by Council Member Shorelt, to
approve the Ways and Means Committee's recommendation to direct staff to
initiate the Bid Process as part of the LMD Reorganization Plan, which via Option
A, would return the City's LMD maintenance to contract services and the pre-
2009 staffing levels.
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Council Member Valdivia made a motion to continue the malter for two weeks.
The motion failed for lack of a second.
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Carla Velarde, a City parks employee, stated that the parks employees need to be
back in the parks.
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Council Member Valdivia requested staff to provide him with a parks per space
land by ward-a grid of each ward and exact area of parkland per ward. He also
requested a Parks and Recreation Master Plan.
Public Commeuts:
Paul Flores, International Union of Operating Engineers Business Representative
for the General Unit Employees of the City of San Bernardino, cautioned the City
Council on contracting out jobs.
Joe Arnett, San Bernardino, CA, meutioned the elimination of the contract for
graffiti abatement in order to bring the work back in-house, and said the Council
now appears to be speaking out of both sides of their mouth by wanting to
contract out this work.
Council Member Kelley's motion, seconded by Council Member Shorelt, carried
unanimously.
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7. PUBLIC HEARlNGS
A. An Ordinance of the City of San Bernardino Amending San Bernardino
Mnnlcipal Code (Development Code) Chapter 19.02.060, Establishment of
Land Use Zoning Districts to Add Transit Overlay District (TD) and Adding
Chapter 19.19A to Establish the Transit Overlay District Pertaining to
Development Standards and Design Gnldelines. (FIRST READING)
(Continued from February 6,2012.)
The hearing remained open.
Mayor Morris stated that staff had requested a continuance to May 7,2012.
Council Member McCammack stated that because Omnitrans is mentioned in the
item documents and is also one of her business clients, she would need to abstain.
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Council Member Valdivia stated that this matter does impact the Third Ward
residents with the sbX plan, and he is displeased with the contact from Onmitrans
and this sbX plan.
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Council Member Shorett made a motion, seconded by Council Member Kelley, to
continue the matter to May 7,2012. The motion carried unanimously.
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Council Member Johnson stated that this matter has been discussed many times in
the past and for consistency he would be voting "no."
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8.
STAFF REPORTS
A.
Budget Amendment Restoring $939,100 to the City Attorney's Office's FY
2011/2012 Budget
City Attorney Penman submitted a memorandum addressed to the Mayor and
Common Council dated March 1, 2012, regarding Restoration of City Attorney
Budget for FY 2011-2012.
Council Member McCammack made a motion, seconded by Council Member
Kelley, to direct the City Manager to restore $939,100 to the City Attorney's
Office's budget for FY 20t 1/2012 and direct him to notify the Mayor and
Common Council as to the source used. The motion carried with Johnson
voting "no."
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B. Request to Reestablish the Position of Paralegal iu the City Attorney's Office
Council Member Jenkins made a motion, seconded by Council Member
McCannnack, to refer the request to reestablish the position of Paralegal in the
City Attorney's office to the Personnel Committee. The motion carried
unanimously.
C. Power Point Presentation and Update on Beautification Clean-up Event
Scheduled for April 14, 2012
Council Member Johnson made a motion, seconded by Council Member
McCammack to continue the matter to April 2, 2012. The motion carried
unanimously.
D.
RES. 2012-37 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the City Manager to Execute an Agreement
with the Patrons of the Roosevelt Bowl for the Provision of Support Services
for Market Night at Penis Hill Park and Ratifying Any Action Taken
Between April 17, 2010 and the Date that This Resolution is Adopted.
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Council Member Kelley made a motion, seconded by Council Member Jenkins, to
Adopt Resolution. Resolution No. 2012-37 was adopted unanimously.
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Council Member McCannnack stated that she is a vendor of Nextel and she
would abstain on this matter. She left the Council Chambers and returned after
the vote Was taken.
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E.
RES. 2012-38 - Resolution of the Mayor and Common Council of the City of
San Bernardino Authorizing the Issnance of a Purchase Order to Nextel
Communications for Mobile Cellular Services.
Council Member Kelley made a motion, seconded by Council Member Shorelt, to
Adopt Resolution. Resolution No. 2012-38 was adopted with McCammaek
abstaining.
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9. MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR
AGENCY TO THE REDEVELOPMENT AGENCY
A. Personnel Actions - Classified
City Attorney Penman advised that the words Economic Development Agency in
the motion, should be changed to Redevelopment Agency.
Council Member Kelley made a motion, seconded by Council Member Shorett, to
approve the classified personnel actions pursuant to Civil Service Rule 502(b), as
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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 Acting as the Successor Agency of the Redevelopment Agency. The
motion carried unanimously.
10. PUBLIC COMMENTS
Samantha Sudak, a child welfare social work student at Cal State San
Bernardino, stated that they had conducted a needs assessment survey in the Sixth
Ward and found intersections that are unsafe for children going to school. When
they spoke with City Engineer Eisenbeisz through email he stated that an
investigation had been requested by a citizen and there appeared to be a dire need
for stop signs at two, four-way intersections-11th Street at N. Tia Juana and 11th
Street at Ramona. She stated that this matter will be brought before the Council
in the near future.
Sophie Montez, California State University San Bernardino, School of Social
Work, stated that at Howard and Graham Elementary School, 19th and California
Street, they found several high-speed drivers. She stated that the area needs
traffic speed bumps and they want to discuss it with the Public Works Department
and would like the community to also be involved.
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Jesse Valenzuela, of Congressman Baca's office, congratulated the new and
reelected City officers and sent Certificates of Recognition for outgoing
Councilman Brinker and City Clerk Clark. He also announced a Women's Health
Conference taking place March 15 in the Community Room at the Ontario Police
Department, 2500 Archibald Avenue, and the Annual Congressional Art
Competition taking place on March 16 at the City of Ontario Museum of History
and Art, 225 S. Euclid A venue in Ontario.
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Paul Sauborn, San Bernardino, CA, stated that he hoped the City doesn't
alleviate the 5,000 square foot rule regarding fire sprinklers, and spoke regarding
fire and police safety.
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Myra Lopez, Hesperia, CA, social work student at California State University
San Bernardino, stated that the Fifth Street Senior Center is not meeting its full
potential and noted several deficiencies. She asked the Council to take a more
active role in advocating for the seniors at the Fifth Street center.
Hans Vandertonw, San Bernardino, CA spoke regarding crime, social ills, and
the economic conditions that currently exist in San Bernardino.
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Margie Arnett, San Bernardino, CA, advocated on behalf of being "healthy" and
announced two upcoming events: the Shamrock and RoIl 5K run/walk on
Saturday at CaI State San Bernardino on behalf of child abuse prevention; and the
Mayor's Run the Route on May 20.
Judi Penman, San Bernardino Chamber of Commerce, stated that if people want
to bring money into the city they must support local businesses.
11. ADJOURNMENT
The meeting adjourned at 8:15 p.m. The next joint regular meeting of the Mayor
and Common Council and the Mayor and Common Council Acting as the
Successor Agency to the Redevelopment Agency is scheduled for 1 :30 p.m.,
Monday, March 19, 2012.
OEOROEANN "0101" HANNA
City Clerk
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By:
Linda E. Hartzel
Deputy City Clerk
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