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Home My WebLink About08.A- City Clerk DOC ID: 1651 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION Council Minutes From: Georgeann"Gigi" Hanna M/CC Meeting Date: 05/07/2012 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.) 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, 2012, February 21, 2012, December 19, 2011, and November 21,2011, as submitted. Supporting Documents: © 02-21-2012 Minutes (PDF) 12-19-2011 Minutes (PDF) 11-21-2011 Minutes (PDF) 03-05-2012 Minutes (PDF) Updated:4/3/2012 by Linda Sutherland A ak4AR City of San Bernardino Mayor Patrick J. Morris SQ 300 North "D" Street Council Members San Bernardino, CA 92418 Roberta Marquez � Robert D. Jenkins `- http://www.sbcity.org Tobin Brinker _ Fred Shorett oGNO Chas A.Kelley Rikke Van Johnson Wendy McCammack MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL y d AND THE MAYOR AND COMMON COUNCIL ACTING AS . , TH.E SUCCESSOR AGENCY TO THE REDEVELOPMENT AGkNCY OF THE CITY OF SAN BERNARDINO TUESDAY,FEBRUARY 21, 2012 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 Morris at 1:39 p.m., Tuesday, February 21, 2012, in the Council Chambers, 300 North 'D" Street, San Bernardino, CA. N Call to Order N MORI L.4 . _Virr'nia MaiMSK -- Council Member,Ward 1 — [present sent Robert D.Jenkins Council Member,Ward 2 resent E Tobin Brinker Council Member Ward 3 resent Fred Shorett Council Member, Ward 4 resent Council Member,Ward 5 Rikke Van Johnson Council Member,Ward 6 Present Wend J; McCammack _ Council Member,Ward 7 _— Present —� Charles McNees City Manager James F. Penman CA Attorney _ _-- Present Patrick J. Morris MaY°r Present _ Rachel G. Clark City Clerk Present — — 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Mayvr and Common Conncn of fhe Cny of San Bernardino Page I Packet Pg. 1135 S.A.a Joint Regular Meeting Minutes February 21, 2012 Allen, J.A., et al. v. City,et al. -USDC CV09-1388 JLQ(JCx); Ballard.Monica v. City,et al.-USDC CV 10-02769DMG(AJWx); Barnes,Yvonne, et al. Y. City, at al. -CIVSS 807102; Briones,Hector, et al v. City,et al. -USDC CIV 10-7571CBM(Opx); Brown,James J.v.City, et al. -CIVDS 1007751; Darrett,Ravnard V v.Honeycutt, et al. -CIVDS 1102678; B C a minor,by and through his Guardian ad]item Maria Chacon v. City,et al: USDC CV 11-02919 CAS (DTBx); E.M.W., a minor, et al. v. City,et al. -CWDS 1110870; N v Ellison,Nvkisha Mone, et al, v. City, et al.- CIVDS 1005001; Glen Aire Mobilehome Park Corporation, Pacific Palms Mobilehome Park Corporation, Friendly Village Mobilehome Park Corporation, Orangewood Mobilehome Park o Corporation and California Mobilehome Park Corporation v The City of San Bernardino the City of San Bernardino Mobile Home Rent Board, the City of San Bernardino Economic Develooment Agency,the City of San Bernardino Hearing Officer, Donald P. Cole, and Does 1-50 - San Bernardino County Superior Court, Case No. CIVDS -1114110; 2 Joaquin,Francisco Yovani Sanchez v. City,ct al. -USDC CVIO-7138CAS(RCx); N 0 Markham.Terrell,et al. v. City,et al.-USDC CV09-08455 ODW(DTBx); N N MM Cedric Sr., et al. v. City, et al. -USDC CV 10-00978 VAP (DTBx); ° v Benny Medina v. City of San Bernardino,W.C.A.B. Case No. ADJ4202076; L CO U Melia,Maria D., et al.v. City, et al. -USDC EDCV 11-00452 VAP(DTBx); a Monroe, Monica et al. v. City, et al. -USDC CV09-04354 CAS FMOx; Munoz,Jose v. City,et al. - CIVDS 1110863; Nash,Terry,Estate of v. City, et al. -USDC CV09-08671 RGK(FFMx); Parker Donnavan v.City, et al. - CIVDS 1013471; Ouiroga,Rogelio G. v. Officer J. Betts, et al. -USDC EDCV I1-02029 VAP (DTBx); Renter.Rovinski v. City, et al. -USDC CV 11-07222 GAF(CWx); Rey,Michael Anthony,et al. v. City, et al. -CIVDS 1009578; Mayor and Common Council of the City of San Bernardino Page 2 Joint Regular Meeting Minutes February 21, 2012 Robinson. Billy Ray v. San Bernardino Police Dent., et al. - USDC EDCV 11-01205 RGK(AGR); Samatua.Mekione, et al.v. City, et al. - CIVDS 917832. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - - — pursuant to subdivision(b)(1),(2), (3) (A-F)of Government Code Section 54956.9. - C. Conference 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 - pursuant to Government Code Section 54957. U F. Conference with labor negotiator-pursuant to Government Code Section 54957.6: o U Fire Safety General Unit O G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. N Reading of Resolutions and Ordinances N 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 o Successor Agency to the Redevelopment Agency. c d Moment of Silence t A moment of silence was observed in memory of Anthony"Tony"Trozera. a Invocation/Pledge of Allegiance The invocation was given by Reverend Petra Malleis-Sternberg of the First Congregational Church of Christ. The pledge of allegiance was led by Alex Brinker. 2. Appointments A. Mayor's Office Appointment of Roxanne Trevino 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. Mayor and Common Council of die City of San Bernardino Page 3 Packet Pg. 1137 Joint Regular Meeting Minutes February 21, 2012 © RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Chai$A.Kelley, Council Member, Wo. AYES: Marquez,7enlcin�,Brinker, Shorv,X iey, Johnsgq�'MdC B. Mavor's Office Appointment of Michael "Skip" Schneider to the Board of Fire Commissioners -Council Member Marquez Motion: Approve the appointment of Michael "Skip" Schneider to the Board of Fire Commissioners as requested by Council Member Marquez. I RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 1YES: Marquca, Jenkins, Brinker, Shorett, Kelley,Johnson,MoC,tymmack u 0 0 C. Mayor's Office Appointment of Donna P. Howard to the Senior Affairs Commission - Council Member McCammack O N Motion: Approve the appointment of Donna P. Howard to the Senior Affairs Commission as requested by Council Member McCammack. N RESULT: ADOPTED [UNANIMOUS] ry MOVER: Wendy J. McCaimusck,'Council Member, Ward 7 N SECONDER: Chas A, Kelley, Co4gpilMember,Ward AYES. Marquez, Shorett, Kelley,Johnson,lvfe08pip1gpk E v m 3. Presentations a A. Presentation to Middle Grade Educator of the Year by Council Member Brinker Council Member Brinker presented the Middle Grade Educator of the Year Award to Diane Bonjour, an 8th grade science teacher at Anowview Middle School. B. Presentation to Third Ward Commissioners by Council Member Brinker Certificates of Recognition were presented by Council Member Brinker to the following commissioners: • Willie Brue - Senior Affairs Commission and Community Development Citizen Advisory Committee • Janise Bush-Human Relations Commission • Jim Eble -Board of Police Commissioners and Planning Commission Mayor and Common Council ofthe City of San Bernardino Page Packet Pg. 1138 B.A.a Joint Regular Meeting Minutes February 21, 2012 C. Speech by Council Member Brinker Council Member Brinker presented a 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 of the 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 Moms in d 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. 0 v G. Chamber of Commerce Announcements Jim Gerstenslager presented the Chamber's announcements. N 4. Announcements w Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. N 0 N 5. Consent Calendar N O A. City Clerk Waive Full Reading of Resolutions and Ordinances E L U a Motion: Waive full reading of resolutions and ordinances on the regular agenda of a the Mayor and Common Council dated February 21,2012. RESJ�T: ADORTED C+fJT3iQFT ] iV1t0R: Fred Shor ard 4 SECONDER: Chas A'Ke11e ,C6 uns11 M0inbeF, fi lte Y >Johnso n W$rd 5 J AYES: d McCammack B. City 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. Mayor and Common Council of the City of Son Bernardino Page S Packet Pg. 1139 8.A.a Joint Regular Meeting Minutes February 21, 2012 © RESULT: ADOPTED [UNANIMOUS]' MOVER: Fred Shorctt, Council Member, Ward 4 SECONDER: Chas A. Kelley,Council Member,Ward 5 AYES: Marquez, Jenkins,;Brinker,iShorett,Kelley,Johnson,McCammack C. City Clerk 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: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A.Kelley,Council Member, Ward 5 8 AYES: Marquez, Jenkins,Brinker;Shorett,Kelley, Johnson,McCanimack o' — — — ---- -- - _ U D. Civil Service Personnel Actions-Classified N ( d �.. Motion: Approve and ratify the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel N policies adopted by the Mayor and Common Council of the City of San S Bernardino. ry N RESULT: ADOl'TF.D [UNANIMOUS] H OVER; Fred$borett, Council Member, Ward 4 E SECQrjPItRi Chas A. Kelley; Council Member, Ward 5 AYES: Marquez Jenkins,Brinker;Shorett,Kelley,Johnson,McCammack 4 E. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT- ADOPTED [UNANIj14Ij MOVER: Fred Shorett, Council Member,Ward 4 SECONDER: Chas A. Kelley,Council Membei, Ward 5 AYES: Marquez,Jenkins, Bunker, Shorett,Kelley,Johnson,McCammack Mayor and Common Council ofthe City of San Qernardmo Page 6 PacketPg. 1140 B.A.a Joint Regular Meeting Minutes February 21, 2012 F. Human Resources Personnel Actions -Unclassified Council Member Shored stated that he could not support Personnel Action #2, the appointment of a Management Analyst IUAssistant 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. Shorett, 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: Council Member McCammack made a motion, seconded by Council Member Jenkins, to continue Personnel Action#2 to March 5, 2012. (No vote was taken at this time.) N Substitute Motion: Council Member Shorett made a motion, seconded by Council Member f McCammack, to approve Personnel Actions #1 and #3, and continue Personnel Action#2 to March 5, 2012. (No vote was taken.) 0 0 U Substitute Motion: Approve and ratify unclassified Personnel Actions #1 and #3, as m submitted by the Director of Human Resources, in accordance with City and Community Development Commission policies and procedures. c E RESULT: ADOPTED [UNANIMOUS] r MOVER: Rikke Van Johnson, Council Member,Ward'6 N SFxCONAER: Chas A. Kelley, Council Member, Ward 5 4VESf Marquez,Jenkins, Brinker, Shorett Kelley,Johnson,McCargrnack c d Original Motion: Continue Personnel Action#2 to March 5,2012. a RESULT: FAILED 13 TO 4] MOVER: Wendy J. McCammack, Council Member,Ward 7 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Robert D.Jenkins,Tobin Brinker, Wendy.J.MdCammack NAYS: Virginia Marquez,Fred Shorett, Chas A. Kelley;Rikke Van Johnson Motion: Council Member Johnson made a motion, seconded by Council Member Kelley,to approve Personnel Action#2. (No vote was taken at this time.) Substitute Motion: Table Personnel Action#2. Mayor and Common Council of the City of San Bernardino Page 7 I Joint Regular Meeting Minutes February 21, 2012 "RESULT: FAILED 12 TO 41 MOVER: Fred Shorett, Council Member, Ward 4 SECONDS Wendy J. McCammack, Council Member, Ward 7 jr AYES: Fred Shorett, Wendy J.McC2rrunack NAYS. Virginia Marquez, Robert)).Jenkins, Chas A. Kelley, Rikke Van Johnson ABSTAIN: Tobin Brinker Original Motion: Approve Personnel Action#2. RESULT: FAILED [3 TO 31 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A XJ qA 0l council Member, Wand 5 w AYES: Virginia lv)!a'rquez,Chas A. Kelley, Rikke Van Johnson NAYS: Robert Jenkins;Fred`Shorett, Wendy J.McCammack g ABSTAIN: Tobin Brinker c 0 U G. Information Technoloav N a) 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 d to Time Warner Cable for Direct Internet Service. Council Member McCarnmack suggested extending the contract on a month to month o basis and going out to bid on the item. Following a short discussion of the information q contained in the staff report the vote was taken to adopt the resolution. ry N O Motion: Adopt Resolution. c m E A ULT: A DOPTED [UNANIMOUS] �i MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez,Jenkins,Brink eky Il4rett,Kelley;Johnson,MCCamrriack H. Police 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 b and Between the City of San Bernardino and the Cities of Fontana, Si' Y Y Colton, and Loma Linda for the Period of July 1, 2011 through June 30, 2014, and Ratifying Actions Taken Between July 1,2011 to the Date of Execution of the Contracts. Motion: Adopt Resolution. Mayor and Canaan Council of the City of San Bernardino Page 8 Joint Regular Meeting Minutes February 21, 2012 ® ItTxLT,. ADOPTED [UNANIMOUS[ Fred Shot ch, Council Member, Ward 4 P14:- Chas A.Kelley, Council M6tt ber, Wai SCI S: M Jenkins, Brinkor�,kore[t,Kelley,Johnson,M00arrYf k 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: ADOPTED [UNANIMOUS] d MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A. Kelley; Council Member, Ward 5 AYES: Marquez, Jenkins,Brinker,Shorett,Kelley,Johnson,McCammack c U J. Police N e 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 5 Trust Account (#772-212-2326) for Law Enforcement Equipment, Management N Software,Legal Consultant and Training. N N Council Member Johnson stated that he believed that a critical step is being missed c because of the history of police liability cases. He stated that he felt that the department needs to undergo an independent outside look into the operating procedures before the E steps outlined in the agenda backup are taken. Therefore,he could not support this item. R a Motion: 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. RESULT: ADOPTED [6 TO 11 MOVER: Wendy J. McCammack,Council Member,Ward 7 $,BONDER: Chas A. Kelley, Council Member,Ward 5 AYh3S: Marquez, Jenkins, Brinker,Shorett, Kelley, McCammaek NAYS: Rikke Van Johnson Mayor and Common Counoll of the City of San Bernanlino Page 9 S.A.a Joint Regular Meeting Minutes February 21, 2012 K. Public Works RES-2012-30 Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to B &T Works, Inc., for Culvert Repair at Base Line Street and Medical Center Drive,Per Plan No. 12842(SD 12-001). Motion: Adopt Resolution. RESULT': ADOPTED [UNANIMOUS] MOVER; Chas A. Kelley, Council'Member, Ward 5 SE DE Rikke Van.Johnson, Council Member,Ward 6 AYF,S. Marquez, Jenkins,Brinker, Shorett,Kelley,Johnson,IylcCammack Vl L. Public Works G RES-2012-31 Resolution of the Mayor and Common Council of the City of San Bernardino Rejecting Bid RFQ F-12-03, Pursuant to Section 3.04.070(E) of the Municipal Code for the Purchase of Traffic Signs and Sign Materials. o U Motion: Adopt Resolution. pRESULT: ADOPTED [UNANIMOUS] 3 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Chas A.Kelley, CouaCil; IpW.' Ward 5 N AYES: Marquez,.Jenkins,19 * l*, ifi$]"' t,Kelley,Johnson,McCammack c° N N O 6. Committee Consent d E A. City Mana¢er Discussion and Possible Action of the Mayor and Common Council to Authorize City c 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 1: Additional CPR Training Only Option II: Phased in Approach Option III: 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 Cannon Council of the City of San Barnardino Page 10 Packet Pg. 1144 °$;A.a'; ! Joint Regular Meeting Minutes February 21, 2012 Motion: To approve Option III, Bid and Select. (Note: It was suggested that staff olook for grant opportunities to help defray the cost.) RESULT: ADOPTED [U.N.�NIMOUS]' 1' MOVER: Fred Shorett, Coaiicil Member,Ward 4 i SECONDER: _ Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins,Brinker, Shorett, Kelley,Johnson,MoCammack B. Fire 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. 2 c Motion: Adopt Resolution. c RESULT: ADOPTED [UNANIMOUS] � MOVER: Virginia Marquez, Council Member,Ward I y SECONDER: Tobin Brinker, Council Member,Ward 3 AYES: Marquez,Jenkins,Brinker, Shorett,Kelley, Johnson,McCammack v 7. Public Hearings to be Heard at 4:00 p.m. N 0 N A. City Clerk F N O 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 E Business Registration Fees. r, R Mayor Morris opened the hearing. a 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 removed. 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 amount 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 tyty of San Bernardino Page 11 Packet Pg. 1145 B.A.a Joint Regular Meeting Minutes February 21, 2012 they will be mailing in their payment. However, 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 d properties from Exhibits °A" & "B" which have been paid prior to the hearing; and adopt Resolution. U RESULT: AU� 0J(11T0[l J NTOVER: Tobin Brinker',Council Member, Wai411 SECONDER: Fred"S}iorett,Council Member,Ward 4 AYES: Marquez, Brinker,Shorett,Kelley,Johnson,McCammack 5 c B. Public Works N Resolution of the Mayor and Common Council of the City of San Bernardino Finding N and Determining the Existence of Less Than a Majority Protest, that Ballots Submitted in N Favor of the Assessment Exceed the Ballots Submitted in Opposition to the Assessment o and that the Public Convenience and Necessity Require the Maintenance of Landscaping, a Detention Basin and Storm Drains in the Tippecanoe Avenue and Central Avenue Area, E 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, a 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. Mayor and Connno,Council of the City of San Bernardino Page 12 8.A.a Joint Regular Meeting Minutes February 21, 2012 r RESULT: CONh])lIUFD [UNM'1MOObJ Next; 3/19/20121:30 PM L.. NIOV E 1 R: obm Brinker, Council Member War SECONDER: WQndy,1. McCatnmacl.. Council Member, Ward 7 A Jetilctns,Btniker, ShorotyeJley, Johnsoq, yleCammack C. Public Works Resolution of the Mayor and Common 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 Moms opened the hearing. N d The Mayor announced that staff had requested that the hearing be continued to the 'c Council meeting of March 19,2012. _U Motion: To continue the hearing to March 19,2012. o 0 0,60 Next: 3/19/20121:30 PM Johnson, McCanimack - g O 8. Staff Reports N N N O A. City Manager c v Oral Presentation Redevelopment Agency Transition City Manager McNeely provided an overview of what has been done and what is being a 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 committee that will deal with all employee issues related to this transition. Emil Marzullo, Interim Executive Director of the Economic Development Agency, spoke briefly regarding FDA 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 Mayor and Common Council of the City of San Bernardino Page 13 Packet Pg. 1147 B.A.a Joint Regular Meeting Minutes 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 Sabo; and Attorney Elizabeth Marlyn. - - Mr.McNeely stated that-the goal of the committee is to bring back to the Mayor and Common Council not later than April 1, 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 books. 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. VI d 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 2 Counsel Tim Sabo and the City Attorney's office got together and they came up with a v memo that he thought most of the Council received last week explaining what they o 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 N 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. Sabo 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 N purpose, with the possible exception of liability), and that we want to keep the EDA o employees who are transferred over as at-will employees. He stated that the way to do N that is to bring them onboard under rule 502(b), which the Liebert Cassidy report N specifically states. That is one reason they distributed a revised document for Agenda Item No. 10B,that has a slightly different motion than what is on the staff report. `w E z No action was required on this item. o a B. CouncilOffdee 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. Mayor and Conmmn Council of the City of San Bernardino Page 14 Packet Pg. 1148 8.A.a Joint Regular Meeting Minutes February 21, 2012 © 11tsUL111: ADOPTED [UNANIMOUS] „ MOVER: Virginia Marquez, Council Member, Ward f SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Jenkins',Brinker; Shorett;Kelley, Johnson,McCammack C. Council Office 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. m 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 c deferral program. 'o U Motion: Adopt resolution. RESULT:: ADOPTED [UNANIMOUSI MOVER. ,'. Rikke Van Johnson, Council Members W#,A SECONDER: Wendy J.McCainmack, Council Memli 8.A.a Joint Regular Meeting Minutes February 21, 2012 Paul Sanborn, San Bernardino, CA, spoke regarding the fire insurance rates in the city. Hans Vandertouw, San Bernardino, 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 5'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 the Fire Department and no Certificate of d 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 U over anything; however, the building is not up to standard and they can't get anyone to respond to their calls. o 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 5 were not obtained from the California Department of Housing and Community Development, and a number of deficiencies and violations were noted; however, the o deficiencies do not pose any significant risks. N N Scott Olson, a resident of Pacific Palms Mobile Home Park, San Bemardino, CA, stated ° that he came several months ago and brought the issue of rent control to the attention of d the Mayor and Common Council. He stated that although everyone who signs a lease is z 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 a 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 Bernardino Golf Course to support this project. Call Richard Valdez at 838-2634 for more information. 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. Mayor and Common Council ofthe Clry of San Bernardino Page 16 . Packet Pg. 1150 8.A.a Joint Regular Meeting Minutes 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 certified 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 c the City Manager's Office or the Call Center. He thanked Tobin Brinker for his service 2 to the City and welcomed new City Clerk Gigi Hanna, Assistant City Clerk Sabdi Sanchez, and Third Ward Councilman John Valdivia. 'o U Corina Borsuk, San Bernardino, CA, submitted a written statement regarding Agenda Item 10C, 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 nmmng y so that San Bernardino will continue to have its own voice on the air." 2 Jim Penman, San Bernardino, CA, stated that anytime that he spends campaigning he N uses vacation time; and he doesn't support anyone legally in court other than the City of R San Bernardino. N N Kevin Hawkins, Director of Parks, Recreation and Community Services, thanked the ° three speakers who spoke regarding the Verdemont Community Center for assisting and d meeting with staff. He noted that when the Verdemont Center was originally presented it r 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, a 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 Manaeer Authorization to Terminate All Ancillary Employment Agreements And/Or Contracts Executed by the City of San Bernardino Redevelopment Agency(RDA) in Support of Its Programs and Projects. Mayor and Common Council of the City of San Bernardino Page 17 8.A.a Joint Regular Meeting Minutes February 21 , 2012 Mayor Morris explained that this item was to authorize the City Manager to terminate all existing ancillary employment agreements and/or contracts transferred to the successor agency (the City) from the Redevelopment Agency, pursuant to the cancellation provisions of those agreements and contracts. - City Attorney Penman stated that about-a week ago Mr. Sabo 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 10B, 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. d c Assistant City Manager Travis-Miller stated that 10A and 10B are almost companion 2 items. They found that they had three employees that were regular EDA employees that 'U were operating under contract relationships with the EDA. She stated that they would o like to now make them regular employees and they will be dealt with under 10B, so they Li are proposing that they terminate those flume agreements and then add them as regular successor agency employees and deal with them like the bulk of the other employees. N 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. N Motion: To table. N c N RESULT: TABLED 16 TO 01 ° MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: Chas A. Kelley,Council Member,Ward 5 r AYES: Marquez, Jenkins, Shorett,Kelley,Johnson,McCammack ABSTAIN: Tobin Brinker a B. Civil Service Personnel Actions-Classified Motion: Approve the classified personnel actions pursuant to Civil Service Rule 502(b), 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 Acting as the Successor Agency of the Economic Development Agency. Mayor and Common Council of the City of San Bernardino Page 18 Packet Pg. 1152 Joint Regular Meeting Minutes February 21, 2012 © RESULT: ADOPTED [6 TO 01 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Shorett,Kelley, Johnson,McCammack ABSTAIN: Tobin Brinker C. Human Resources Authorization to Issue Lay Off Notices as the Successor Agency/Entity of the Economic Development Agency to All Former Redevelopment Agency Employees Transferred to the City Pursuant to AB XI 26 Motion: To table. N RESULT: TABLED [6 TO 01 MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: WdridyJ.McCammack, Council Member, Ward 7 AC' S; Marquez,Jenkins, Shorett, Kelley,Johnson, McCammack c0 Al �' 'AIN Tobin Brinker N ..J D. Human Resources Personnel Actions-Unclassified N Motion: Approve and ratify the unclassified personnel actions, as submitted by the N Director of Human Resources, in accordance with policies adopted by the N Mayor and Common Council of the City of San Bernardino as the o Successor Agency of the former Redevelopment Agency. d E 1W91[JLTt 'cma� ,t f�l#'al Fal MOVER: W Ward 7 SECONDER cn� ellay, dnum ttiba t and Al E9: Mattlr{ez,Jeukane, Shorett;Kelley,Johnson, McCammack ABSTAIN in 13rirdcor Maya and Common Council of the City ofSan Bernardino Page 19 Packet Pg. 1153 S.A.a Joint Regular Meeting Minutes February 21, 2012 11. Adjournment The meeting adjourned at 8:36 p.m. The next regular meeting of the Mayor and Common Council is scheduled for 1:30 p.m., Monday,March 5, 2012. RACHEL G. CLARK, CMC City Clerk By: Linda E. Hartzel Deputy City Clerk N d J C_ 'u ' c 3 O U in m N d C_ N O N N N O C N E r v m Mayor and Common Council of the City of San Bernmdlno Page 20 PaclCet,pg,1154 Mayor Patrick J. Morris p? City of San Bernardino Council Members 300 North"D" Street Virginia Marquez ty San Bernardino,CA 92418 Robert D. Jenkins http://www.sbcity.org Tobin Brinker Fred Shorett — 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 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 N 1:35 p.m., Monday, December 19, 2011, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Calf to Order „ I Lt iA Patrick J.Moms Mayor Present Virgirrda Marquez Council Member,Ward 1 Present E Robert D. Jenkins --. Council Member,Ward 2 Present— Tobin Brinker _ Council Member Ward 3 Present a Fred Shorett Council Member,Ward 4 Present Chas A.Kelley____ Council Member,Ward 5 — Present Rikke Van Johnson Council Member,Ward 6 Present Wendy J.McCarnmack .—_- Council Member,Ward 7 Present James F.Penman City Attorney---,-—______.—. _ Present Mayra Ochiqui__....... .. .......— Cny Clerk_._ _-._ Present Charles McNeel City Manager Present 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Mayor and Common Council of(lie City of San Bernardino Page I B.A.b Joint Regular Meeting Minutes December 19, 2011 David Gutierrez v City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 917479; San Bernardino City Professional Firefiehters Local 891; Richard "Scott" Moss v. City 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 v buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. U F. Conference with labor negotiator-pursuant to Government Code Section 54957.6: o U Fire Safety N G. Conference with real property negotiator - pursuant to Government Code Section v 54956.8. Closed Session Announcement Assistant City Clerk Ochiqui announced that during closed session a motion was made by N Council Member Shorett, seconded by Council Member Brinker, that the Council request a stay M and that they go forward with the appeal in the case of the San Bernardino City Professional w Firefighters Local 891• Richard "Scott" Moss v City of San Bernardino; San Bernardino City Council, et al. - San Bernardino Superior Cowl, Case No. CIVDS 1102415. The motion E carried with Jenkins,Kelley and McCammack voting"no." R Reading of Resolutions and Ordinances a Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory of 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. Mayor and Common Council of the City of.San Bernardino Page 2 Packet Pg. 1156 Joint Regular Meeting Minutes December 19, 2011 2. Appointments A. Mayor's Office 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:. ADOPTED [UNANIMOUS];] : a Al MOVER: Rikke Van Johnson,Council 14embdr,I Wartyr SECONDER: Robert D.Jenkins, Council Member,Ward i i 1. AYES: Marquez,Jenkins,Brinker, Shorett,TCelley,Jolmsori'McCaifitmack B. Mayor's Ofi"lee Commission Appointment of Oscar C. Gonzalez to the Human Relations Commission - U Council Member Jenkins 'o U Motion: Approve the appointment of Oscar C. Gonzalez to the Human Relations Commission as requested by Council Member Jenkins. -- - ---------- - . _._..._. - RESULT: ADOPTED [UNANIMOUS] MOVER: ', Rikke Van Johnson, Council Member,Ward 6 SECONDER: Robert D. Jenkins, Council Member,Ward 2 AYES: Marquez,Jenkins,Brinker, SHorett, Kelley,Johnson McCammack N m N 3. Presentations d A. Service Pin Awards Ceremony m The following individuals were presented a service pin award by Mayor Morris in a recognition of their many years of dedicated service to the City: Name Department Years of Service Michael Sellinger Community Development 5 Lisa Sherrick Community Development 5 Councilman Tobin Brinker Council Office 5 Michael Bilheimer Fire 15 Darrell Degner Fire 15 Debra Bemben Library 15 Ryan Thornburg Police 5 Gerald Castle Public Works 5 Arturo Diaz Public Works 15 John Jackson Public Works 25 Javier Ochiqui Public Works 5 Ricky Parker Public Works 15 Mayor and Common Council of the City of San Bernardino Page 3 PacKef Pg. 1157: Joint Regular Meeting Minutes December 19, 2011 B. Presentation by Fire Chief Michael 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 d with Citizen of the Month certificates. D. New World Systems Update by Director of Information Technology,Lea Deesing c Lea Deesing, Director of Information Technology, stated that updated systems included v 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. a d E. Chamber of Commerce Announcements 5 Chamber of Commerce announcements were presented by Jim Gerstenslager. R et 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected E officials regarding various civic/community events and activities. m z 5. Consent Calendar a A. City 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. Mayor and Common Council of the City of San Bernardino Page 4 Packet Pg: ii58' �rvn lta„ Joint Regular Meeting Minutes December 19, 2011 -- —— ._ -- . -- — 777-7 O ,RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER:: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins, Brinker,Shorett,Kelley,Johnson, McCanunack B. Civil Service Personnel Actions- Classified 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. n; d RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley,Council Member,Ward 5 z E SECONDER: Virginia Marquez, Council Member, Ward I AYES: Marquez,Jenkins,Brinker, Shorett, Kelley, Johns6ri,McCamnufok 0 C. Fire O N RES-2011-322 Resolution of the Mayor and Common Council of the City of San 3 Bernardino Adopting Amendment Number One to the Vendor Service Agreement Between the City of San Bernardino and Intermedix-Advanced Data Processing,Inc. 0 N Motion: Adopt Resolution. o N )mil ADOPTED [UNANIMOUS] a P. 1Vii3lltt Chas A. Kelley;Council Member, Ward 5 L sk,QONDFIR:i Virginia Marquez, Council Member, Ward 1 AYFE* Marquez, Jenkins,Brinker, Shorett,Kelley,Johnson, McCammack a 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. Mayor and Common Council of the City of San Bernardino Pages Joint Regular Meeting Minutes December 19, 2011 RESULT: ADOPTED [6 TO 01 MOVER: Rikke Van Johnson, Council Member, Wald 6 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins,Brinker, Slrorett, Johnson, McCammack AWAY: Chas A. Kelley ,. 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 y Rialto Avenue from Lena Road to Tippecanoe Avenue (SS06-044), per Project Plan No. 12283B. RESULT: ADOPTED [UNANIMOUS] 'o MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Virginia Marquez, Council Member,Ward 1 I' AYES: Marquez, Jenkins,Brinker, Shorett,Kelley, Johnson, McCammack J 6. Public Hearings to be Heard at 4:DO p.m. S A. Community Development N m RES-2011-320 A Resolution of the Mayor and Common Council of the City of San Bernardino Adopting General Plan Amendment No. 09-02 to Change the Land Use Designation from Residential Suburban (RS) to Commercial General (CG-1) on One E Acre and Approving Conditional Use Permit No. 09-09 to Establish a Neighborhood Grocery Store at 1111 West 9th Street. a Mayor/Chairman Moms 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 Planning 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. Mayor and Conunon Council oflhe Cily of San Bernardino Page 6 Packet Pg. 1160 8.A.b Joint Regular Meeting Minutes December 19, 2011 Council Member/Commissioner McCammack questioned 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 subject to d revocation pursuant to San Bernardino Municipal Code Section 19.36.100. RN.SUL.7 : ADOPTED [UNANIMO1�S] _ MOVER: Rikkc Van Johnson, Counoi$Member, Ward 6 ° U SECONDER: Chas A. Kelley, Council Member,Ward 5 AYESi Marque/,, Jenkins, Brinker, Blip ett Kelley,Johnson, McCammaek N y B. Community Development z An Ordinance of the Mayor and Common Council of the City of San Bernardino r Repealing Chapter 17.07 and Amending Chapter 19.28 of the Municipal Code to Update Plan Review Procedures and Water Conservation Standards. (FIRST N READING) Mayor/Chairman Morris opened the hearing. s u m Margo Wheeler, Director of Community Development, stated that this item includes the a 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. Mayor and Common Council ofthe City of San Bernardino Page 7 PacketPg. 116t Joint Regular Meeting Minutes December 19, 2011 Council Member/Commissioner McCammack 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 affirmative. 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 lay over Ordinance for final adoption. RESULT: FMSTYI2EADING [UNANIMOUS] Next: 1/9/20121:30 P1YI d MOVER: Virginia Marquez, Council Member,Ward 1 SECONDER: Robert D, Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins,Brinker, Shorett,Kelley,Johnson,McCanrmack C. Police RES-2011-321 Resolution of the Mayor and Common Council of the City of San y Bernardino Authorizing the Obligation and Expenditure of the Allocated Citizens Option 2 �- for Public Safety(COPS Option)Monies for FY 2011-12 to Supplement Front-Line Law S Enforcement Services. 0 Mayor/Chairman Morris opened the hearing. CN N 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 v able to receive it. E U W Mayor/Chairman Morris stated that it covers a substantial portion of the budgetary a 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 McCammack stated that this must be an added number to the budget if they were not expecting to receive it this year. Terrance Beamon, Deputy Director/Budget 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. Mayor and Conrnron Council of the City of San Bernardino Page 8 Packet Pg. 1162 B.A.b Joint Regular Meeting Minutes 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. u City Manager McNeely stated that they went into the year looking at the possibility of c losing positions and with the tow franchise they thought that with that additional revenue u they would be able to add some officers back in the Police Department. If we do get N additional money,the priority will be to go forward and restore some of the positions that have been cut. a a Council Member/Commissioner Kelley asked if staff could let them know what kind of grants staff is looking at. 0 N City Manager McNeely stated that their new CDBG person, Brandon Mims, has been o able to identify some additional grants that are out there that we are going to be focusing N on and some of those relate to public safety. He stated that he would provide an updated report to the Council. d E r 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 be 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 2011/12 Police budget by increasing the Patrol budget grant by$400,533. RE5ULTi ADOPTED IUNANIMOUSJ MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 [.ti 1. X AYES: M uez,Jenkm s Brinker, Shorett Kelle Johnson McCammack Mayo and Common Council of the City of San Bernardino Page 9 B.A.b Joint Regular Meeting Minutes December 19, 2011 D. Public Works Resolution of the Mayor and Common Council of the City of San Bernardino Ordering the Vacation of a Portion of Spruce Street Between Mt. Vernon Avenue and a North-South Alley Approximately 150 Feet West of Mt. Vernon Avenue and Reserving Utility Easements Therein. Mayor/Chainnim Morris opened the hearing. Henry Empedo, 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 15, 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 a 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 s street is unnecessary for present or prospective public use, and based upon the o information that has been provided,that finding could not be made. N U) 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 c Spruce Street connecting to Mt. Vernon is a convenience issue and not a necessity. He E 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, N or amending the motion, is up to the Council. If the Council would like staff to go back M and take another look at the traffic circulation issues and perhaps do some comparisons with closure and without closure,they could do that. m E 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 of the 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: Mayor and Common Council of the City of San Bernardino Page 10 PacketPg. 1164 8.A.6 Joint Regular Meeting Minutes December 19, 2011 Public Comments: Reverend Jorge Luis Rodriguez, San Bernardino, CA; Elizabeth Rocha, 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. c' g Council Member/Commissioner Johnson stated that with no development, it didn't make sense to vacate the street. o U 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. y w 5 Mr. Empedo 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 R 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. E U U Motion: Close hearing; disapprove the resolution; and make findings that Spruce Street is necessary for present and prospective public use. a - - - - — OSgT: ADOPTED [UNANIMOUS] 1W MA: 'robin Brinker, Council Member, Ward 3 SECONDER,: Chas A.Kelley, Council Member, Ward S AYES: �Iarguez,Jdnh4; 9rinker, Shoretl,Kelley,Ifnhnson, McCammack 7. Staff Reports A. City Manager Request to Schedule a Public 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 Mayor and Conanon Counoilofl6e City of San Bernardino Pagel] Packet Pg. 1165 S.A:b Joint Regular Meeting Minutes December 19, 2011 Motion: Schedule a public 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. RESULT:'AI�OP SEA IIJNA�VIMf J[Z"]t a' e. it MOVER: W�} 1'fi.MaGQtnmack,C7i+' iRl�f � x��d 1 vT 1`P�is SECONDER: Robert D.Jenkins,Council Meta�ber, Ward 2 AYES: Marquez,Jenkins,Brinker, Shorett,Kelley, Johnson,,McCammack B. Council Office San Bernardino Hometown Heroes Military Banner Program Consensus Motion: Receive and file committee update. c 3 0 U C. Council Office n Renaming of Palm Field to Arthur Solis Memorial Field U) d Motion: Rename Pahn Field to Arthur Solis Memorial Field. 'c 0 RESULT: . MOVER F i} J, uQz;'Cc 1 rfq'iber,Wad YW m SECONDER W � uCttjte0kii�c a � }�eVyRbet, `'� AYES: IulatdG `Jte,B t , otett,TCelleYs J ]Ye ggit4 McCernidaC1e d E U u as D. Council Office Council Committee Assignments Motion: Approve the recommended Council Committee assignments. RESULT: ADOPTED ]UNANIMOUS] MOVER: Rikke Van Johnson, Councif Member,Wa41 i SECONDER: Virginia Marquez, Council Member,Ward 1 -€ AYES: Marquez,Jetlkins,BrinitCT, $horett„Kelley,Johnson;McC urn n[8c1� Mayor and Common Council of the City of San Bernardino Page 12 Joint Regular Meeting Minutes December 19, 2011 8. Community Development Commission A. Economic Development Aeencv CDC-2011-61 Resolution of the Community Development Commission of the City of San Bernardino, California, Approving Amendments to the Personnel Policies and Procedures for All Employees of the City of San Bernardino Economic Development Agency. Motion: Adopt Resolution. RESULT: ADOPTED [UNANP46iJSp! MOVER: Virginia'Marquez,ICouncil Member, Ward 1 SECONDER: Robert D. Jenkins,Council Member, Ward 2 AYES: Marquez, Jpnkins,Brinker, Shorett,Kelley,Johnson,McCormack d c B. Economic Development Agency c RES-2011-324 Resolution of the Mayor and Common Council of the City of San 0 Bernardino Confirming the Election Results for the Biennial Election of the Northwest Redevelopment Project Area Committee (PAC) (Northwest Redevelopment Project Area). N Motion: Adopt Resolution. 'e n rt RESULT: ADOPT OU9]` NT{QR', , : liobm Brinker, Council Member? SE;COrJDAR Wr cC�t%mack,Coun¢d l bi $ ; tt1,0.7 kl[ AYES. Xtt riYt y tt�t in$I Bri' r,SI t3Y ftr et + mjlpgoil;McCat7�ul ak --------�..�..-- ----- - E L V C. Economic Development Agency a Homebuyer Assistance Program Report for the Quarter Ending September 30, 2011 Consensus 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 Ludwig,Riverside, CA, spoke regarding pornography in libraries. Betty Jean Long, San Bernardino, CA, spoke regarding the theft of her social security check. Maya and Common Council of[he City of San Bernardino Page 13 Packet Pg. 1161 8.A.b Joint Regular Meeting Minutes December 19, 2011 Jim Smith, San Bernardino, CA, stated that several things were coming together to make San Bernardino a viable city: 1) Approval of the Regal Cinema; 2) The sbX Project; 3) The Transit Center; and 4) The Completion of I-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 Council/Community Development Commission is scheduled for 1:30 p.m., Monday,January 9,2012. RACHEL G. CLARK, CMC City Clerk B d Y Linda Sutherland Deputy City Clerk E U C 0 O U N N — N d 3 _C O N N C d E L U m Q Mayor and Common Council of[fie City of San Bernardino Page 14 .:'Packet Pg: 1168 �at;ANAR 0 of.Sall Bernardino Mayor Patrick J.Morris Sa 300 North"D" Street Council Members Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins http://www.sbcity.org Tobin Brinker J � �L 14,0 Fred Shorett ;n tti Chas A. Kelley Rikke Van Johnson Wendy McCammack MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL N AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, NOVEMBER 21, 2011 0 COUNCIL CHAMBERS N V) N 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. N N Call to Order d Patrick J.Moths Mayoi Present Vtr tmaMarquez Council Member, Ward 1 Present a -RobeRobert D. Jenkins Council Member,Ward 2 Present ----....----- . -_..--- ---- -- -- - --- -- --- - -- -- - ------ Tobin Brinker Council Member,Ward 3 Present Fred Shorett Council Member, Ward 4 Present -- - - - - - - _ --- Chas_A Kellam __ - Council Member,Ward 5 _Present_ Rikke Van Johnson Council Member;Ward 6 Present Wendy J.McCammack _ Council Member,Ward 7 Present James F. Penman City Present Attome� - - - - .. -- Rachel G Clark City Clerk Present --- — -- - - __.. ..... - -- - - — Charles McNeely City Manager Present Mayor and Canton Council of the City of San Bernardino Page] Printed 111812012 PacketPg. 1169 8.A.c Joint Regular Meeting Minutes November 2 , 1. Closed Session CPursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Joseph Block v. City- Workers Compensation Appeals Board, Case No.ADJ6992194; Maria Meiia Salvador Melroza and Guadalupe Melroza v. City of San Bernardino, et al. - United States District Court, Case No. EDCV 11-00452 VAP; Andrea Orona v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1008022; San Bernardino County Transportation Commission v. West Colony Community n Association-San Bernardino Superior Court, Case No. CIVDS 1004025; Joe Taylor v. City San Bernardino -San Bernardino Superior Court, Case No. U CIVDS 1100841; 0 0 U Wells Far—ac, Bank, National Association v Samer Kodeih, et al - San Bernardino Superior Court, Case No. CIVDS 1109915. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - d pursuant to subdivision(b)(1), (2),(3) (A-F) of Government Code Section 54956.9: Kendall Plaza LLC v. City of San Bernardino 0 N C. Conference with legal counsel- anticipated litigation-initiation of litigation-pursuant to N subdivision(c)of Government Code Section 54956.9: d One(1) Case r U 2 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 properly negotiator - pursuant to Government Code Section 54956.8. Mayor and Common Council of the City of San Bernardino Pagel Printed 111812012 Packet Pg. 1170 Joint Regular Meeting Minutes November 2 , B.A.c Closed Session Announcement 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 Resolutions 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 'w A moment of silence was observed in memory of Armando Tamayo. := c 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 Shorett. v 2. Appointments There were no commission appointments. d 5 c 3. Presentations 0 A. Citizens Academy Graduation N City Manager Charles McNeely introduced the graduates of the second Citizens Academy and presented them with their graduation certificates. Twenty residents completed the course. r U t6 B. Service Pin Awards Ceremony a The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Department Years of Service Vanessa Macias Finance 5 Richard Bougher Police 10 James McCracken Public Works 10 Mayor and Common Council of the City of San Bernardino Page 3 Printed 111812012 Packet Pg. 1171 Joint Regular Meeting Minutes November 2 tt.A.c C. Commendation to Miss Cardinal 2011-2012 presented by Council Member Jenkins Council Member Jenkins introduced San Bernardino High School Miss Cardinal 2011- 2012, Yara Kassis; second runner up, Jasmine Suarez; and first runner up, Armalee 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 presented by Council Member Brinker Council Member Brinker presented the Student of the Month Award to Miranda Martinez, a student at Rialto High School. c F. Chamber of Commerce Announcements U C Jack Avakian presented the Chamber's announcements. o U 4. Announcements Announcements were made by the Mayor,members of the Common Council, and elected v officials regarding various civic/community events and activities. 5. Consent Calendar 0 N A. City Attorney 7 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 E City of San Bernardino. x a Public Comments: L.R. Collier, Riverside, CA. Motion: Adopt resolution. RESULT: ADOPTED JU7 AN1MOUS] - — MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Wendy J.McCammack, Council Member, Ward 7 AYES: Marquez Jenkins Brinker, Shorett,Kelley, Johnson,McCammack Mayor and Common Council of the City of San Bernardino Page 4 Printed 1118/2012 Packet Pg. 1172' 8.A.c Joint Regular Meeting Minutes November 21, B. city Clerk Council Minutes Motion: That the minutes of the following meeting(s)of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: September 19,2011;and October 3 2011. RESULT: ADOPTED [UNANIMOU$] MOVER: Rikke Van Johnson, CouncilMember,Ward SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Jenkins, Brinker, Shored,Kelley, Johnson,,MeCammaek C. City Clerk Waive Full Reading of Resolutions and Ordinances S U Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development 0 Commission dated November 21,2011. N RESULT: ADOPTED [UNANIMOUS]' OVER Rikke Van Johns n Council Member W M o , WONDER: 'Tobin Brinker, Council Member, Ward 3` AYES: Marquez, Jenkins, Bril*or, Shote(t,Kelley, Joh4xso'ga MC�ahgnaclt i ,k N N D. City Clerk c v Mayor and Common Council and Community Development Commission Regular r Meeting Dates for 2012. a 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;April 2 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. Mayor and Connnon Council ofdie Cuy of San BernmxGno Page s Prinied 1118/2011 PacketPg. 1173 Joint Regular Meeting Minutes November 2 ,W RESULT: ADOPTED [UNANIMOUS] r MOVER: Chas A. Kelley, Council Member,Ward 5 SECONDER: Fred Shorett,Council Member; Ward.4 AYES Marquez,Jenkins,,Bnnker,Shorett,Kelley,Johnson,McCammack E. Civil Service Personnel Actions-Classified Council Member/Commissioner McCammack voiced her concerns about the hiring practices within the Community Development Department. She stated 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. N d Motion: Approve and ratify the classified personnel actions, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel g policies adopted by the Mayor and Common Council of the City of San Bernardino. 0 U RESULT: ADOPTED 16 TO 1] � MOVER: Chas A. Kelley, Council Membcr, Ward 5 y SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez,Jenkins, Brinker, Shorett,Kelley, Johnson e NAYS: Wendy J.McCammack N F. Parks,Recreation & Community Services N RES-2011-303 Resolution of the Mayor and Common Council of the City of San m Bernardino Authorizing the Director of Parks, Recreation and Community Services to t 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: ADOPTED [UNANIMCf6 MOVER: Chas A. Kelley, Council Metnber,War( l'S t SECONDER: Wendy J.McCammack, Council Member,WW 1 AYES: Marquez, ienkins;Brinker, Shorett,Kelley,Johnson, McCammack Mayorand Common Councilofthe City of San Bernardino Page Pointed 1/18/7012 Packet Pg.1 t74.' B.A.c Joint Regular Meeting Minutes November 2 , G. Public Works Reject All Bids for Energy Efficiency Lighting Upgrade at City Hall Motion: Reject all bids for Energy Efficiency Lighting upgrade at City Hall. RESULT: ADOPTED [UNANIMOUS};' MOVER: Rikke Van Johnson, Council Member,Ward 6 SECONDER: Tobin Brinker, Council Member,Ward 3 ' A',S: Marquez,Jenkins,Brinker, Shorett,Kelley, Johnson;McCamm2ek H. Public Works Reject All Bids for Energy Efficiency Lighting Upgrade at the Norman Feldheym Central Library d c Motion: Reject all bids for Energy Efficiency Lighting Upgrade at the Norman Feldheym Central Library. v c 0 O ADOPTED [UNANIMOU51 ci A2Q"1;t Rikke Van Johnson, Council Member, Ward 6 SECONDE7 t: Tobin Brinker, Council Member, Ward 3' N AYES: Marquez, Jenk ins, Brinker, Shorett,Kelley,Johnson;McCammack 0 I. Public Works 0 N Reject All Bids for Energy Efficiency Lighting Upgrade at the Police Department N Building c Motion: Reject all bids for Energy Efficiency Lighting upgrade at the Police Department Building. a IIEiI 1: ADOI? il [UNA1Ni US1 L ° MOJ17 eVBrpiisop,Cbt4t$t1FMernbQy6 § in Brinker, Council Member, Ward 3' A711}7$l: Marquez, Jenkins,Brinker, Shorett,Kelley, Johnson,McCammack J. Public Works RES-2011-301 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. Mayor and Common Council oftbe City of San Bernardino Page l Pointed 111812012 Packaf Pg.7175'; QB.A.c Joint Regular Meeting Minutes November 21, RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Tobin Brinker,Council Member, Ward 3 AYES: Marquez Jenkins, Brinker,Shot ett, Kelley Johnson,McCammack l K. Public 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 Portion 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 ownership of the public right-of-way and the adjoining parcels. v 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. 0 U 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 N to be reviewed at the time it is developed. ' N Motion: Adopt resolution. c v RESt1LT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member,Ward 5 a SECONDER Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Jenki,iw,0AOer, Sho4xii;1 piley,JohnsottYA4 azntnaek 6. Public Hearings to be Heard at 4:00 p.m. A. Community Development RES-2011-300 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. ti.. The hearing remained open from October 17,2011. Mayor and Common Council of the City of San Bernardino Page 8 Printed 111812012 8.A.c Joint Regular Meeting Minutes November 21, 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, the 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 h 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 5 unable to make the progress they had hoped to make up until now. The amendment g 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. 0 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 v 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 C° would allow that to occur, but not knowing whether the Council will approve that 'ry transaction, if they did not, it would not affect the provision in their agreement, it would just ran out and they would be able to develop in the future according to the Development Code. He stated that they are fine with the language in the agreement and they believe E EDA is fine with the language. The language does not change depending on the outcome m 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. a 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 Mayor and Cmnmon Council of the City of San Bernardino Page 9 Printed 111812012 Packet Pg. 1177 Joint Regular Meeting Minutes November 2 , 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 will 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 1 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 5 use entitlements regulate land use at the Inland Center Mall, notwithstanding the subsequently approved amendment to City's Development Code." "The 2011 c Development Code Amendment limits the location of cinema/theater complexes to three 0 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 if he was still okay with that language. 0 N 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 E 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. McCammack 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 Mayor and Common Council ofthe City of San Bernardino Page 10 Printed//18/2012 Packet Pg. 1178 S.A.c Joint Regular Meeting Minutes November 21, 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. McCammack 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. N d Motion: Close public hearing and adopt Resolution. RESULT: ADOPTED (UNANIMOUS] o MOVER: Rikke Van Johnson, Council Member, Ward 6 u SECONDER: Tobin Brinker, Council Member, Ward 3 N AYES: Marquez,Jenkins,Brinker, Shorett, Kelley,Johnson,McCammack 7. Continued Items `- A. Human Resources S N N 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 E Bernardino for Labor Negotiator Services in the Human Resources Department. m Linn Livingston, Director of Human Resources, stated that the initial contract was with a 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. Mayor and Common Council of the City of San Bernardino Pagel! P, 111812012 Packet Pg. 1179 8.A.c Joint Regular Meeting Minutes November 2 , RESULT: ADOPTED 14 TO 31 MOVER: Chas A.Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AXES: Virginia Marquez,Tobin Brinker,Fred Shorett, Rikke Van Johnson NAYS: Robert D. Jenkins, Chas A.Kelley,Wendy J. McCammack 8. Staff Reports A. City Attorney 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 stated that the source of the money for the previous agenda item d (7A) was the General Fund, General Government, Professional/Contractual, Non- 'c departmental, FY 2011/12 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 stated that the money will be paid eventually 'o whether it is paid voluntarily or the court orders the City to pay it. If the City is sued and U 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 N Fund, which has $3 million. If they can't invest the amount of money either through a n 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 c settlements and judgments that come forward. m E s v 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 a 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 2011/12 budget and that the remainder of $622,652 be taken from the Litigation/Outside Counsel budget. Public Comments: Matt Korner, San Bernardino, CA. Mayor and Common Coancd of the City of San Bernardino Page 12 Printed 111812012 Packet Pg. tt$ll' Joint Regular Meeting Minutes November 2w RESULT: FAILED` ` '3 { MOVER: RobertD Jenkinsf'COuncilMembaWeidl{ I SECONDER: Chas A.Kelle y, Council Member Ward 5 .f { g'{:I AYES. Robert D, Jenkins, Wendy. I� iltX $tmztok NAYS:- Marquez,Bunker, Shorett, eliey,fohngon J �{ Motion: Fund request from the City Attorney's Office FY 2012/13 budget. MOVER: VVend�3,l l i ity17 I,` •; y SECONDER: Chas A. Kelley, Council Member ��W'I s I t l.';- u , IV •• AYES: Robert D. Jenkirs,'Chas A.Kelley,)40-y 1;i 11vloCa tmnck v NAYS: Virginia Marquez,Tobin Bri nker, Fred Shorett,Rikke Van Johnson 'c U 9. Community Development Commission c U A. Economic Development Aeencv Homebuyer Assistance Program Report for the Quarter Ending June 30, 2011; Authorization for Affordable Housing Solutions (AHS) to Serve as the Lender for 5 Homebuyer Assistance Program(HAP)Loans Consensus N Motion: Receive and file Quarterly Report of the Homebuyer Assistance Program N (HAP) activities for the Redevelopment Agency of the City of San Bernardino and authorize Affordable Housing Solutions (AHS) to serve as the lender of HAP loans. L B. _Economic Development Agency r Loan Monitoring Status Report for the Period Ending June 30, 2011 a Consensus Motion: Receive and file Loan Monitoring Quarterly Report for the Redevelopment Agency of the City of San Bernardino. C. Economic Development 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. Mayor and Common Conna[l of the City of San Bernardino Page 13 Printed 111812012 Packet Pg..1181' Joint Regular Meeting Minutes November 21, D. Economic Development Aaencv Discussion and Update on the Status of the Proposed Regal Lease Transaction for the Downtown Cinema Project and Community Development Commission Recommendations to the San Bernardino Economic Development Corporation Emil Marzullo, Interim Executive Director of the Economic Development Agency, stated that the issue is that the property 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. c 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 c with wording-"first class"theater versus a"first run"theater. Regal prefers"first class." 0 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; E Susan Longville, San Bernardino, CA; Warner Hodgdon, San Bernardino, CA, submitted 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 Penman, Stephanie Easland, and Henry Empeflo,which was submitted into the record. Mayor and Common Council of the City of San Bernardino Page 14 Printed 111812012 Joint Regular Meeting Minutes November 2 , 8.A.c City Attorney Penman stated that there are CEQA issues that have not been addressed and if the Council 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 May or 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 E 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 ran"theaters. If Regal is there and is successful it's very unlikely you will see a secondary market,either first or second 'o run, anywhere else within the City or at the borders. U 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. 0 N Mr.Marzullo stated that there will be 14 screens. N Mr. Kelley asked if someone could open a theater on the north end. m E 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. a 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 Mayor and Common Council of the City of San Bernardino Page 15 Printed 111 812 01 2 Joint Regular Meeting Minutes November 2 , 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 Macerich/Inland 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. ti d Council Member/Commissioner Jenkins asked why the development agreement did not 6 go to the Planning Commission before the lease. U C Mr. Sabo stated that that is one of the inconsistencies. When the lease was drafted and 'o 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 r 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 E 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 a 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. Mapor and Cannon Council of the City of San Bernardino Page 16 Rinted 111812012 P:x� iRIJr i�A;; Joint Regular Meeting Minutes November 21, Mr. Sabo stated that the closest thing is the 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. N m 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 c "inconsistencies" is repeated throughout the agenda item;however,the SBEDC is the one 0 who is going to put themselves out on the line for 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 v 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 2 how the space is going to be built out. 0 N Mr. Jenkins advised that none of the Council members received Exhibits A-D. He ry questioned how he could make a recommendation to SBEDC if he didn't have the document. c d E 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. a 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. Mayor and Common Council of the City of San Bernardino Page 17 Prinfed 1IM2012 Joint Regular Meeting Minutes 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 if he 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: ADOPTED [4 TO 31 MOVER: Virginia Marquez, Council Member, Ward 1 e j SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Virginia Marquez,Tobin Brinker Fred Shorett,Rikke Van Johnson _NAYS: Robert D. Jenkins 'Chas A.Kelley,Wendy J. McCammack U E. Economic Development Agency m CDC-2011-57 Resolution of the Community Development Commission of the City of San Bernardino Approving and Authorizing the First Amendment to Contract Dated P. July 21, 2010, the 2010-HUD Section 108 Loan Refinance Contract Documents for S Implementation of Substitution of Collateral and Authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to N Execute the First Amendment and Related Documents for Implementation of the First N Amendment 2010-HUD Section 108 Loan Refinancing for Loan Guarantee Assistance Under Section 108 of the Housing and Community Development Act of 1974, as c Amended, 42, U.S.C. §5308 for Series HUD 2010-A Certificates (CDBG Section 108 E Contract No. B-96-MC-06-0539)(Central City North Redevelopment Project Area). t U N $r' Council Member/Commissioner McCammack 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. Mayor mid Common Council of the City of San Bernardino Page 18 R-inted 111812012 Packet Pg. 1186 a.A.c Joint Regular Meeting Minutes November 21, 11 RESULT: ADOPTED, [5 TO 11 MOVER: Tobin Brucker, CounA'Member,Ward 3 1 +' SECONDER: Virginia Marquez, Council Member,Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett„Johnson , • NAYS: Chas A:Kelley ABSTAIN: Wendy J McCammagk a, F. Economic Development A¢encv RFS-2011-306 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 2010-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 S Under Section 108 of the Housing and Community Development Act of 1974, as Amended, 42, U.S.C. §5308 for Series HUD 2010-A Certificates (CDBG Section 108 Contract No. B-96-MC-06-0539) (Central City North Redevelopment Project Area). 0 Council Member/Commissioner McCammack stated that she would abstain because the item pertained to the Uptown Redevelopment Project Area. She left the Council © Chambers. 3 C Motion: Adopt Resolution. 0 N ;RESULT: ADOPTED [5 TO 11 N MOVER: 'robin Brinker, Council Member, Ward 3 SECONDER: Virginia Marquez, Council Member, Ward 1 E AYES: Marquez,Jenkins, Brinker, Shorett,Johnson � NAYS: Chas A.-Ka ley ABSTAIN: Went1 . ` pammack G. Economic Development Agency 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. Mayor and Conunon Council of the City of San Bernardnra Page 19 Printed 111812012 PagketPg'tY87' 8.A.c 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: Adopt Resolution. RESULT: ADOPT)tiril � J MOVER Tobin'Bnin' k ( ouuctl�vlb 41"3 SECONDER: Virgtnialv1 f11ucz,Coutieil e �#1'Watd:A )1YES • G , Marquez; Jenkins,Brinkery t . , gtnsor� ISRI+I I J Chas A., EtX , xt, 1A.Y, : wen qt ti d H. Economic Development Agency CDC-2011-59 Resolution of the Community Development Commission of the City of San Bernardino To: 1) Approve and Authorize the Transmission of the Preliminary 'o Report, Including Those Portions Dealing with the Uptown Redevelopment Project Area, to Each Affected Taxing Entity; And, 2) Forward the Draft Redevelopment Plan, G Including Those Portions Dealing with the Uptown Redevelopment Project Area, to the Planning Commission of the City of San Bernardino for Its Report and u Recommendation for the Merged, Amended, and Restated Redevelopment Plan for the 5 Proposed San Bernardino Merged Redevelopment Project Area B and Added Areas. g Council Member/Commissioner McCammack stated that she would abstain because the item pertained to the Uptown Redevelopment Project Area. She left the Council N Chambers. c Motion: Adopt Resolution. E L V 16 RESULT: ADOPTED [510`% ,1 - MOVER: Tobin Brinker, Council Member, SECONDER: Virginia;Marquez;Council Member,Ward 1 AYES: Marquez,Jenkins,Brinker, Shorettr Johnson ABSTAIN: Wendy J. McCammack ABSENT: Chaff A.'Kelley 10. Public Comments on Items Not on the Agenda Betty Jean Long, San Bernardino, CA, stated that she was the victim of a scam regarding her social security. Mayor and Common Council ofthe City of San Bernaniino Page 20 Printed 111812011 Packet pg:1188 ` 8A.c Joint Regular Meeting Minutes November 2 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.ashi-sbc.ora. Billy Joe Chacon, San Bernardino, CA; spoke in opposition to the new movie theater. Haywood Jackson,read Ezekiel Chapter 34 of the Bible. 11. New Business v 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. U RESULT: ADOPTED [UNANIMOUS]; MOVER: Virginia Marquez, Council Member,Ward 1 v SECONDER: Chas A.Kelley, Council Member, Ward 5 AYES: Marquez,Jenkins,Brinker, Shorett,Kelley,Johnson,McCammack _ o N Council Member/Commissioner Marquez stated that she discovered that the Legal Aid N Society is short on cash and she was hoping they could get $20,000 from unexpended CDBG funding. d Public Comments: s Roberta Shouse, Legal Aid. z a 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 Common Council of the City of San Bernardino Page 21 Printed 111812012 Packet Pg. 1189 8.A.c Joint Regular Meeting Minutes 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 and 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 Moms 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 _ii, process of being carried over to next year's budget or used in the current year's budget, 5 as needed. c Mayor/Chairman Morris clarified that the motion was to use the"left over"resources that are unexpended from the current fiscal year, 0 Council Member/Commissioner McCammack stated that as a matter of policy, any o unexpended funds where a check has not actually been cut gives the Council the authority to then reprogram that to whatever they choose in tams of what is legally required for m CDBG funds, so they could use anything that is left over and is unappropriated. 'e Mr. Beaman stated that the Council had two options. The first option would be to take c what they currently have allocated in the budget and reallocate it. Second, as in prior ev years, they could wait until midyear or at the end of this current budget year and N depending upon what is left over they could also at that time reallocate what they have notexpended. c m E Emil Marzullo,Interim Executive Director of the Economic Development Agency, stated °m 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 $20,000 of CDBG funding to the Legal Aid Society of San Bernardino and that the check be issued immediately due to the urgent need. Mayor and C n n on Council of the City of San Bernardino Page 11 Plini'd 118,12012 Packet Pg. 1190 Joint Regular Meeting Minutes November 21, 2011 --- , 11 RESULT. � ORE1D [ilNA1ViUSjeil4 MOVER Chps A,';T�elley,C¢Ut�C� �1!Iakxt ' �f � ta'd 5 SECONDER4 1 endy h Gqutt @ iber,��rd 7 ; j'44. 11 C AYES:,urqus$� ✓mlilns,$' er,s�d4t Kersey,Jlmson lvlC "ainmack ,' 12. Adjournment 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 y d c By Linda Sutherland Deputy City Clerk U N m v � .r c 0 N N C d E L U R Q Mayor and Common Council of the City of San Bernardino Page 23 S.A.d Mayor Patrick J.Morris CITY OFSANBERNARDINO CosncilMembers: 300N. "D"Street Virginia Marquez Robert D.Jenkins San Bernardino, CA 92418 John Valdivia Fred Shorett Website: www.sbcity.org Chas Kelley San Bcrnar inu Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND THE MAYOR AND COMMON COUNCIL ACTING AS THE SUCCESSOR AGENCY u TO THE REDEVELOPMENT AGENCY U JOINT REGULAR MEETING 'o MARCH 5, 2012 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and the Mayor and W (� Common Council Acting as the Successor Agency to the Redevelopment Agency of the �r City of San Bernardino was called to order by Mayor Morris at 3:00 p.m., Monday, S March 5, 2012, in the Council Chambers of City Hall, 300 North "D" Street, San N Bernardino,California. N M Roll Call 0 M Present: Mayor Morris; Council Members Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; E City Clerk Clark. U z Absent: None. Following the inaugural reception,newly-elected Council Member Valdivia took his seat at the dais and newly elected City Clerk Hanna replaced City Clerk Clark. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel — existing litigation — pursuant to Government Code Section 54956.9(a): 1 03105/2012 Packet Pg. 1t92 Glen Aire Mobilehome Park Corporation Pacific Palms Mobilehome Park Cornoration Friendly Village Mobilehome Park Corporation, Orangewood Mobilehome Park Corporation and California Mobilehome Park Coreoratiion v. City of San Bernardino City of San Bernardino Mobile Home Rent Board. City of San Bernardino Economic Development Agency City of San Bernardino Officer, Donald P. Cole - San Bernardino Superior Court, Case No. CIVDS 1114110; Lisa Matus individually and as Guardian ad ]item for Rachel Matus, Raymond Matus and Lisa Marie Matus, minors: and Richard Matus v. City of San Bernardino, San Bernardino Police Department - San Bernardino Superior Court, Case No. CIVDS 1201235. B. Conference with legal counsel - anticipated litigation - significant exposure to d litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: U 03/05/12 Agenda item/Doc Id,# 1577 c v C. 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. y `- D. Closed Session—personnel—pursuant to Government Code Section 54957. N E. Closed session with Chief of Police on matters posing a threat to the security of N public buildings or threat to the public's right of access to public services or o public facilities—pursuant to Government Code Section 54957. o F. Conference with labor negotiator — pursuant to Government Code Section E 54957.6. U G. Conference with real property negotiator—pursuant to Government Code Section a 54956.8. City Attorney Penman announced that the following case would be discussed in closed session under Agenda Item IA, existing litigation: Brian Boom and San Bernardino Police Management Association,et al. v. City of San Bernardino,et al.—San Bernardino County Superior Court, Case No. CIVDS 1017219. 2 03/05/2012 Packet Pg. 1193 s.n.a Reading of Resolutions& Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and 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. d c 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 c'o 2012 as Irish American Month in the City of San Bernardino. 4. Announcements Announcements were made by the Mayor, members of the Common Council, w elected officials, and a representative from the Chamber of Commerce regarding various civic,community, and chamber events and activities. N 5. CONSENT CALENDAR o N N A. Waive Full Reading of Resolutions and Ordinances M 0 Council Member Shorett made a motion, seconded by Council Member Marquez, E to waive full reading of the resolutions and ordinances on the regular agenda of c 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 a motion carried with Valdivia voting"no." B. Personnel Actions-Classified Council Member Shorett stated that he was not comfortable making any hiring decisions when it is unclear where they are insofar as the budget is concerned. 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 3 03/05/2012 Packet Pg.1194 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 Member Valdivia, to remove Personnel Action #1 from the list of unclassified personnel actions. The motion carried unanimously. 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." 1l1 d D. Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Amendment No. 2 to the Services Agreement for Parking Citation Processing Services with Phoenix Group Information Systems. o U Council Member McCammack made a motion, seconded by Council Member Valdivia,to table. The motion carried unanimously. r N 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. N O Council Member Valdivia made a motion, seconded by Council Member Johnson, c to Adopt Resolution. Resolution No.2012-35 was adopted unanimously. 9 0 F. RES. 2012-36—Resolution of the Mayor and Common Council of the City of San Bernardino Awarding a Contract to Lighting Technology Services, Inc. t for Energy Efficiency Lighting Upgrades at City Hall, Norman Feldheym Central Library, 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." 4 03/05/2012 PagketP,g.1Y95: B.A.d 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 lay over 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 Shorett,to m 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. o U Council Member Valdivia made a motion to continue the matter for two weeks. N The motion failed for lack of a second. 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. N 0 N Public Comments: o Paul Flores, International Union of Operating Engineers Business Representative c for the General Unit Employees of the City of San Bernardino, cautioned the City Council on contracting out jobs. E r Carla Velarde, a City parks employee, stated that the parks employees need to be back in the parks. a Joe Arnett, San Bernardino, CA, mentioned 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 Shorett, carried unanimously. 5 03/05/2012 Packet Pg. 1t96? s.A.d 7. PUBLIC HEARINGS A. An Ordinance of the City of San Bernardino Amending San Bernardino Municipal 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 Guidelines. (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 d item documents and is also one of her business clients, she would need to abstain. 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 Omnitrans o and this sbX plan. �? Council Member Shorett made a motion, seconded by Council Member Kelley, to continue the matter to May 7,2012. The motion carried unanimously, w 0 8. STAFF REPORTS Z N A. Budget Amendment Restoring $939,100 to the City Attorney's Office's FY N 2011/2012 Budget o M 0 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. z Council Member Johnson stated that this matter has been discussed many times in the past and for consistency he would be voting"no." 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 2011/2012 and direct him to notify the Mayor and Common Council as to the source used. The motion carried with Johnson voting"no." 6 03/05/2012 FPacketPgz-7197 8.A.d B. Request to Reestablish the Position of Paralegal in the City Attorney's Office Council Member Jenkins made a motion, seconded by Council Member McCammack, 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. PowerPoint 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. N d 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 Perris Hill Park and Ratifying Any Action Taken 'o Between April 17,2010 and the Date that This Resolution is Adopted. �? N Council Member Kelley made a motion, seconded by Council Member Jenkins, to Adopt Resolution. Resolution No. 2012-37 was adopted unanimously. d 5 E. RES. 2012-38 - Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Issuance of a Purchase Order to Nextel n Communications for Mobile Cellular Services. N Council Member McCammack stated that she is a vendor of Nextel and she 0 c would abstain on this matter. She left the Council Chambers and returned after the vote was taken. t Council Member Kelley made a motion, seconded by Council Member Shorett,to Adopt Resolution. Resolution No. 2012-38 was adopted with McCammack abstaining. 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 7 03/05/2012 Packet('9.1198 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-1 I'h Street at N. Tia Juana and 11'h Street at Ramona. She stated that this matter will be brought before the Council in the near future. c Sophie Montez, California State University San Bernardino, School of Social Work, stated that at Howard and Graham Elementary School, 19`h and California Street, they found several high-speed drivers. She stated that the area needs o traffic speed bumps and they want to discuss it with the Public Works Department and would like the community to also be involved. m Jesse Valenzuela, of Congressman Baca's office, congratulated the new and reelected City officers and sent Certificates of Recognition for outgoing 2 `— 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 N Department, 2500 Archibald Avenue, and the Annual Congressional Art N Competition taking place on March 16 at the City of Ontario Museum of History o and Art, 225 S. Euclid Avenue in Ontario. 9 0 Paul Sanborn, San Bernardino, CA, stated that he hoped the City doesn't alleviate the 5,000 square foot rule regarding fire sprinklers, and spoke regarding s fire and police safety. a 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 Vandertouw, San Bernardino, CA spoke regarding crime, social ills, and the economic conditions that currently exist in San Bernardino. 8 03/05/2012 Margie Arnett, San Bernardino, CA, advocated on behalf of being"healthy" and announced two upcoming events: the Shamrock and Roll 5K run/walk on Saturday at Cal 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. d c GEORGEANN"GIGI"HANNA City Clerk c 0 U By: N Linda E. Hartzel O Deputy City Clerk d 3 C_ N O N N O M O C d E L U Q 9 03/052012