HomeMy WebLinkAbout08-02-2010 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Jason Desjardins
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION AND
JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 2, 2010
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community
Development Commission and Joint Powers Financing Authority of the City of San
Bernardino was called to order by Mayor/Chairman Morris at 1:39 p.m., Monday,
August 2, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson; City Attorney Penman; City Manager
McNeely; City Clerk Clark.
Council Members/Commissioners Desjardins and McCammack.
Absent:
Council Member/Commissioner McCarnmack arrived at 1:42 p.m.
Council Member/Commissioner Desjardins arrived at 1:44 p.m.
I. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Susan Hulse v. LAFCO & City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVDS 1002077.
08/02/2010
Burrtec Waste Industries v. City of San Bernardino
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
County of San Bernardino v. City of San Bernardino, et al.
C. Conference with legal counsel - anticipated litigation - ImtIatIon of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
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 Management
Fire Safety
General
Management/Confidential
Mid-Management
Police Management
Police Safety
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Update of property negotiations regarding the Cinema Star Theatre.
City Attorney Penman announced that Burrtec Waste Industries v. City of San
Bernardino should have been listed under Agenda Item No. IB, anticipated
litigation, not under Agenda Item No. lA, existing litigation.
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Closed Session Announcement
City Clerk Clark announced that during closed session in the matter of Burrtec Waste
Industries v. City of San Bernardino the following action was taken: Council Member
Kelley made a motion, seconded by Council Member Shorett, and unanimously carried,
to approve a settlement agreement for $35,000.
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, Community
Development Commission, and Joint Powers Financing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Joel Alvarado of The Rock Church. The pledge of
allegiance was led by Ashley Hart and Kenia Gomez, fifth grade students at Wilson
Elementary School.
2. Appointments
Jane Sneddon - Human Relations Commission - Council Member Shorett
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the appointment of Jane Sneddon, as
requested by Council Member Shorett, be approved. The motion carried
unanimously.
3. Presentations
Chief of Police Kilmer, Assistant Chief Garcia, and Officer John Wakefield
provided information on the Police Cadet Program and introduced the newest
members of the program.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
unanimously.
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6.
Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: June 7,
2010; June 23,2010, July 19, 2010. The motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated July 28,
2010, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
8. Personnel Actions
Council Member/Commissioner Johnson stated that he would like to see the
EDA personnel items sent back to the RDA Committee so he would have a
better understanding of the reorganization and personnel appointInents.
Council Member/Commissioner McCamrnack made a motion, seconded by
Council Member/Commissioner Brinker, to approve the City appointments
only. The motion carried unanimously.
Council Member/Commissioner Marquez requested that an organizational chart
that includes these new positions, as well as job descriptions for each position,
be provided at the RDA Committee meeting. Council Member/Commissioner
McCammack also requested copies of these documents.
It was noted that one of the appointments was currently working in another City
department and had already submitted her resignation. There was a question as
to how the continuance of the matter might affect this individual.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Kelley, to approve EDA Personnel Action #2,
but that all other EDA items be referred to the RDA Committee and brought
back to the Council/Commission meeting of August 16, 2010.
9. RES. 2010-251 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing certain fees for services provided by the City
Attorney's Office and amending Resolution No. 2009-122.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-251 was adopted unanimously.
9A. Request from City Attorney's Office to authorize issuance of a subpoena to
the custodian of records of Verizon Wireless for records related to collection
of the City of San Bernardino Communication User's Tax.
City Attorney Penman advised that the recommended motion should be that the
Mayor and Council issue said subpoena-not the City Attorney's office.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the Mayor and Common Council issue
said subpoena. The motion carried unanimously.
10. RES. 2010-252 - Resolution of the Mayor and Common Council adopting
operational guidelines which include a Code of Conduct for the Mayor and
Common Council, agenda guidelines and Council committee guidelines.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-252 was adopted unanimously.
Subsequently, a speaker slip was found regarding this item.
Council Member/Commissioner Brinker made a motion,
Member/Commissioner McCammack, that Agenda
reconsidered. The motion carried unanimously.
seconded by Council
Item No. 10 be
Public Comments
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-252 was adopted unanimously.
II. RES. 2010-261 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an agreement with the San
Bernardino Symphony for financial assistance from the 2010/2011 Civic and
Promotion Fund for the Music in the Schools Program.
Council Member/Commissioner Brinker stated that he would abstain because his
wife is a symphony board member; and Council Member/Commissioner
McCammack stated that she would abstain because the school district is a
business client.
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
2010-261 was adopted with Brinker and McCammack abstaining.
12. ORD. MC-1330 - An Ordinance of the Mayor and Common Council of the
City of San Bernardino, California adding Chapter 2.73 to the San
Bernardino Municipal Code regarding collection of debts. FINAL
READING (Continued from July 19, 2010.)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said ordinance be adopted. Ordinance
No. MC-1330 was adopted unanimously.
13. RES. 2010-253 - Resolution of the Mayor and Common Council approving
and adopting the City of San Bernardino's fmal budget documents for
Fiscal Year 2010-2011; and establishing the City's Appropriation Limit as
required by Article XIII B of the California State Constitution.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-253 was adopted unanimously.
14. RES. 2010-254 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing extension of Side Letter/Resolution for the
General Bargaining Unit.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-254 was adopted unanimously.
15. RES. 2010-262 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute extension offer
- year 3 of 3 - to the Food Service Agreement with the San Bernardino City
Unified School District relating to delivery of Type A lunches to City sites
for the District's year-round and summer lunch program for FY 2010/11.
Council Member/Commissioner McCarnmack stated she would abstain because
the school district is a business client. She left the Council Chambers and
returned after the vote was taken.
City Attorney Penman declared a conflict because his wife is a member of the
school board. He stated that the resolution had been reviewed and signed by
Special Counsel Sabo.
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-262 was adopted with McCammack abstaining.
16. RES. 2010-255 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Standard
Facility Lease Agreement with the County of San Bernardino to create and
operate a Family Resource Center at Nicholson Community Center.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2010/2011 Parks and
Recreation budget as outlined in the staff report dated July 19, 2010, from
Kevin Hawkins, Director of Parks, Recreation & Community Services. The
motion carried and Resolution No. 2010-255 was adopted unanimously.
17. RES. 2010-256 - Resolution of the Mayor and Common Council authorizing
the City Manager to execute an Agreement for CID staff and program
funding between the City of San Bernardino and the Friends of the CID for
the personnel costs for the full-time recreational therapist position, and
eleven part-time positions in support of activities at the Center for
Individual Development.
City Attorney Penman declared a conflict because he is on the CID board. He
advised that the resolution had been reviewed and signed by Special Counsel
Sabo.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-256 was adopted unanimously.
18. RES. 2010-257 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submission of the grant for the Fiscal Year
2010 Congressional Appropriations Act Funds for the Operation Phoenix
Neighborhood Initiative and authorize the City Manager to accept the grant
award.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-257 was adopted unanimously.
Subsequently, a speaker slip was found regarding this item.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that Agenda Item No. 18 be
reconsidered. The motion carried unanimously.
Public Comments
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-257 was adopted unanimously.
19. RES. 2010-258 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Non-Disclosure Agreements
(NDA) between the City of San Bernardino Police Department and AT&T,
Inc. to provide Wireless Enhanced 9-1-1 service.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-258 was adopted unanimously.
20. RES. 2010-259 - 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 in the amount of $1,500,000 with two (2) one-year
extensions at the City's option between the City of San Bernardino and
Poma Distributing Company pursuant to Section 3.04.010-B3 of the
Municipal Code for the purchase of gasoline and diesel fuel in participation
with a contract between Poma Distributing Company and the County of San
Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-259 was adopted unanimously.
21. RES. 2010-260 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment and issuance
of a purchase order to Bryan A. Stirrat & Associates for operations,
maintenance, and monitoring of the landfill gas extraction and treatment
system for Waterman Landfill.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-260 was adopted unanimously.
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22. RES. 2010-265 - Resolution of the Mayor and Common Council authorizing
the execution of an agreement between the City of San Bernardino and
Western Regional Little League Baseball, Inc., for financial assistance from
the 2010/2011 Civic and Promotion Fund.
Public Comments
Jim Smith, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-265 was adopted unanimously.
23. Adopt resolutions to reduce certain Development Impact Fees and City
processing fees and to expand the Development Impact Fee deferral
program and repeal Resolution Nos. 2010-246, 2010-247, and 2010-248.
RES. 2010-266 - Resolution of the Mayor and Common Council of the City
of San Bernardino relating to the temporary reduction of certain
Development Impact Fees established by Resolution No. 2006-97 and
repealing Resolution No. 2010-246. (23A)
RES. 2010-267 - Resolution of the Mayor and Common Council of the City
of San Bernardino relating to the deferral of certain Development Impact
Fees established by Resolution No. 2006-97 and repealing Resolution No.
2010-247. (23B)
RES. 2010-268 - Resolution of the Mayor and Common Council of the City
of San Bernardino relating to the temporary reduction of certain
development fees for services established by Resolution No. 2009-122 and
repealing Resolution No. 2010-248. (23C)
Public Comments
Warner Hodgdon, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolutions A-C, be adopted.
Resolution Nos. 2010-266, 2010-267, and 2010-268 were adopted
unanimously.
24. Public Hearing - Resolution ordering the vacation of a portion of Pico
A venue between 11th Street and Base Line Street (new Alessandro II
Elementary School)
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RES. 2010-269 - Resolution of the City of San Bernardino ordering the
vacation of a portion of Pico A venue between 11th Street and Base Line
Street and reserving utility easements therein.
City Attorney Penman declared a conflict because this request had come from
the school district and his wife is a member of the school board. Council
Member/Commissioner McCammack stated she would abstain because the
school district is a business client. They left the Council Chambers and returned
after the vote was taken.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the hearing be closed; that the Findings of
Fact, as set forth in the staff report from the City Engineer, as to why the
portion of Pico A venue between 11th Street and Base Line Street is no longer
necessary for public street purposes, be adopted; and that said resolution be
adopted. The motion carried and Resolution No. 2010-269 was adopted with
Desjardins absent and McCammack abstaining.
25. Public Hearing - Resolution ordering the vacation of a portion of Turrill
Avenue between 14th Street and 16th Street, and a portion of Maguolia
Avenue between Mt. Vernon Avenue and Garner Avenue (new Roosevelt II
Elementary School)
RES. 2010-270 - Resolution of the City of San Bernardino ordering the
vacation of a portion of Turrill Avenue between 14th Street and 16th Street,
and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner
Avenue and reserving utility easements therein.
City Attorney Penman declared a conflict because this request had come from
the school district and his wife is a member of the school board. Council
Member/Commissioner McCammack stated she would abstain because the
school district is a business client. They left the Council Chambers and returned
after the vote was taken.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the hearing be closed; that the Findings of
Fact, as set forth in the staff report from the City Engineer, as to why the
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portion of Turrill Avenue between 14th Street and 16th Street, and a portion of
Magnolia A venue between Mt. Vernon A venue and Garner A venue are no
longer necessary for public street purposes, be adopted; and that said resolution
be adopted. The motion carried and Resolution No. 2010-270 was adopted
with Desjardins absent and McCammack abstaining.
26. Resolutions and Urgency Ordinance to place a Y2-Cent Local Transactions
and Use Tax Measure on the November 2010 ballot and to provide a public
education effort
A Resolution of the Mayor and Common Council of the City of San
Bernardino calling a Special Election to be held on Tuesday, November 2,
2010; requesting that the County Board of Supervisors allow the election to
be consolidated with the Statewide General Election of that same date; and
requesting services of the County Registrar of Voters for the conduct of the
election and for the processing of the City's proposed measures. (26A)
A Resolution of the Mayor and Common Council of the City of San
Bernardino placing a General Transactions and Use Tax question on the
ballot for the November 2, 2010 Special Election. (26B)
Resolution of the Mayor and Common Council authorizing the execution of
a Consultant Services Agreement with the Lew Edwards Group to provide
public information service related to the 2010 Local Transactions and Use
Tax ballot measure. (26C)
An Urgency Ordinance of the City of San Bernardino imposing a General
Transactions and Use Tax to be administered by the State Board of
Equalization pursuant to Revenue and Taxation Code Sections 7251 et seq.,
subject to voter approval and providing for sunset of the tax and the
creation of a Citizens' Oversight Committee, and declaring the urgency
thereof. URGENCY (26D)
Council Member/Commissioner Shorett stated that he did not believe that
increased taxes was the way to go to solve the current budget problems.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be tabled. (Note: The motion
was withdrawn to allow for discussion.)
Council Member/Commissioner McCarnmack read a statement into the record
regarding the budget, taxes, and other matters surrounding the issue. She stated
that it has been said that the budget gap is $24 million; however, she has
calculated various reductions to the budget that would result in the shortfall
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being closer to $6 million. She advocated for cutting nonessentials before
considering layoffs.
The following individuals spoke in opposition to the proposed tax measure:
Robert Jenkins, San Bernardino, CA.
John Lee, San Bernardino, CA.
Paul Sanborn, San Bernardino, CA.
Joe Ortiz, San Bernardino, CA.
Harry Swayne, San Bernardino, CA.
Shirley Harlan, San Bernardino, CA.
Gary Ellis, San Bernardino, CA.
Robert Gastel, San Bernardino, CA.
Linda Pederson, San Bernardino, CA, stated she would like to see the voters
be able to speak at the ballot box.
Warner Hodgdon, San Bernardino, CA, stated that the Council should be
discussing more important matters, adhering to the Charter, and working
together.
Mayor/Chairman Morris stated that it was clear that there is not a consensus
around the right mix of cost cutting and additional revenues. He stated that
solutions require openness and a sense of commonality, and it is clear they need
additional time. He suggested that they ask the city manager to come back with
some additional information on how to address this deficit, stressing that time is
of the essence.
During discussion it was noted that the City has been told more than once that
its numbers are too rosy, yet it is already in trouble struggling to meet the needs
of the City-and it is now time to be realistic about the numbers and the future.
Some felt that lower taxes would be the best way to stimulate the economy. It
was noted that in healthy cities public safety accounts for 55 percent of the
budget-in our City it amounts to 72 percent. It was stated that there is no easy
fix and there are few alternatives available to solve the problem.
Ms. McCarnmack stated that there are enough cuts in the" 15 percent reduction
plan" (brought forward during the budget workshops) to fill the gap, but the
votes are just not there for approval. She stated that she wanted to make sure
that whatever cuts are made will leave the community healthy-both financially
and in terms of safety. She asked the constituents to let the Council know what
cuts they want made and can live with, and conversely, to please let them know
the cuts they cannot tolerate.
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be tabled. The motion carried
unanimously.
27. Resolutions of the Mayor and Common Council to place a Charter
Amendment to (1) make the City Attorney, City Clerk, and City Treasurer
appointed positions; (2) allow for greater flexibility in the employment of
additional legal services; and, (3) add professional qualification
requirements for the positions of City Clerk and City Treasurer on the
November 2010 ballot for voter approval.
RES. 2010-263 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, California, ordering the submission of a proposed
amendment to the City Charter to the electors of said City at a Special
Municipal Election to be held in said City on November 2,2010. (27A)
RES. 2010-264 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, California, requesting the Board of Supervisors of
the County of San Bernardino to consolidate a Special Municipal Election to
be held on Tuesday November 2, 2010, with the Statewide General Election
pursuant to Section 10403 of the Elections Code for the submission of a
proposed Charter Amendment and requesting services of the San
Bernardino County Registrar of Voters for the conduct of the election and
for the processing of the City's proposed measures. (27B)
City Attorney Penman declared a conflict, stating that he would not be giving
any legal advice. However, as the City Attorney, he reserved the right to make
some comments as an elected official. He stated that the city manager had
hired Best Best & Krieger to provide legal advice on this matter to the Council.
He left the dais and was replaced by Attorney Piero Dallarda of Best Best &
Krieger LLP.
Council Member/Commissioner McCammack stated that throughout the
document it states the effective date shall be "by" a certain date as opposed to
"on" a certain date. She stated that her preference for the effective date would
be the date that all three terms officially end, or March 5, 2012; however, if
that is not possible she would ask her colleagues to change the effective date
wording from "by March 1, 2011" to "on March 1, 2011."
Council Member/Commissioner McCamrnack made a motion, seconded by
Council Member/Commissioner Kelley, to change the effective date to the date
the City Attorney's, City Clerk's, and City Treasurer's terms officially end,
which is March 5, 2012. The motion failed with Marquez, Brinker,
Shorett, and Johnson voting "no."
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Council Member/Commissioner Brinker noted that several speakers had
commented and The Sun had written that the city attorney position would be
appointed by the mayor; however, that was not what he had read in Exhibit A,
and he asked for clarification of Exhibit A, Section 2, which states, "The City
Attorney shall be appointed by and may be removed by the affirmative votes of
at least a majority of the total membership of the Common Council with the
consent of the Mayor."
Attorney Dallarda explained that it meant a majority of the Council can decide
to either retain or dismiss any of these three elected officials that will be subject
now to appointInent, as opposed to election, if that is the wish of the people,
and at that point the mayor would have to consent to either the appointInent or
the removal of these three elected officials.
Ms. McCammack stated that this would violate other sections of the Charter;
however, Mr. Dallarda stated that this amendment would stand alone-this is
just basically what would happen for these three elected officials if their
positions should be changed to appointed rather than elected.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Kelley, that the effective date verbiage be
changed from "by March 1, 2011" to "on March I, 2011." The motion
carried with Marquez, Brinker, and Shorett voting "no."
The following individuals spoke in opposition to adoption of the resolutions
which would place this matter on the ballot:
Joe Ortiz, San Bernardino, CA.
Robert Jenkins, San Bernardino, CA.
Paul Sanborn, San Bernardino, CA.
Shirley Harlan, San Bernardino, CA.
Chelsea McCammack, San Bernardino, CA.
The following iudividuals spoke iu support of adoption of the resolutions
which would place this matter on the ballot:
Cheryl Brown, San Bernardino, CA.
Pastor Ray Turner, San Bernardino, CA.
Jim Smith, San Bernardino, CA.
Warner Hodgdon, San Bernardino, CA, stated the Council should be
discussing more important matters, working together and getting along.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolutions A and B, be adopted.
(Note: The vote was taken following discussion.)
Discussion ensued regarding the inclusion of the amendment to allow for
greater flexibility in the employment of additional legal services; the fact that
San Bernardino is unique in the state of California where only 12 of 480
municipalities have an elected city attorney, but that unique is not always good;
and the assertion that the real issue driving this matter is personalities.
Council Member/Commissioner Kelley made a substitute motion, seconded by
Council Member/Commissioner McCarnmack, that all four citywide elected
positions be included in the Charter amendment in order to modernize the City
Charter and make the City of San Bernardino a city manager/council form of
government.
Attorney Dallarda stated that he had one concern and the Council might want to
consult with their City Attorney, but he felt the motion could possibly violate
the Brown Act because inclusion of the fourth position was not properly placed
on the agenda.
City Attorney Penman, speaking from the public podium, stated that he agreed
with the position taken by Attorney Dallarda.
Mayor/Chairman Morris declared the motion out of order.
The motion made by Council Member/Commissioner Brinker, seconded by
Council Member/Commissioner Shorett, that said resolutions A and B, be
adopted carried with Desjardins, Kelley, and McCammack voting "no."
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Member/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior
Assistant City Attorney Wilson; Economic Development Agency Interim
Executive Director Marzullo and Special Counsel Sabo; City Clerk Clark.
R28. Single-Family Residential Revitalization Program Recommended
Candidates Single-Family Rehabilitation Loan, Single-Family
Beautification Grant, Homebuyer Education Program, Mobile Home Grant
and Elderly/Special Needs Minor Repair Grant. (Continued from June 19,
2010.)
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RES. CDC/2010-43 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Agreements by and between the Agency
and Neighborhood Housing Services of the Inland Empire ("NHSIE") for
the administration of a) the Single-Family Beautification Grant Program, b)
the Single-Family Rehabilitation Loan Program and c) the Homebuyer
Education Services, subject to annual funding availability. (R28A)
RES. CDC/2010-44 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Agreements by and between the Agency
and Inland Housing Development Corporation ("IHDC") for the
administration of a) the Single-Family Beautification Grant Program and b)
the Single-Family Rehabilitation Loan Program, subject to annual funding
availability. (R28B)
RES. CDC/2010-45 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Agreements by and between the Agency
and The Oldtimers Foundation for the administration of a) the Mobile
Home Grant Program and b) the Elderly/Special Needs Minor Repair
Grant Program, subject to annual funding availability. (R28C)
Council Member/Commissioner McCarnmack abstained because NHSIE has
been a business client. She left the Council Chambers and returned after the
vote was taken.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A-C, be adopted.
Resolution Nos. CDC/2010-43, CDC/2010-44, and CDC/2010-45 were
adopted with McCammack abstaining.
R29. Approve the financing of projects designated by the City within the City's
Economic Recovery Zone aud declare intention to issue Recovery Zone
Economic Development Bonds and Recovery Zone Facility Bonds for the
projects designated
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RES. 2010-271 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the fmancing of the projects desiguated by the
City of San Bernardino within the City's Economic Recovery Zone and
declaring its intention pursuant to Treasury Regulation 1.150-2 to use funds
for said projects which shall be reimbursed with Bond Proceeds. (R29A)
RES. J-55 - Resolution of the San Bernardino Joint Powers Financing
Authority declaring its intention to issue Recovery Zone Economic
Development Bonds and Recovery Zone Facility Bonds for the projects
desiguated by the City of San Bernardino within the City of San Bernardino
Recovery Zone. (R29B)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the Mayor and Common Council and the
Joint Powers Financing Authority adopt said resolutions A and B. Mayor and
Common Council Resolution No. 2010-271 and San Bernardino Joint
Powers Financing Authority Resolution No. J-55 were adopted
unanimously.
R30. Business Operations and Covenant Agreement by and between the City of
San Bernardino and Kohl's Department Stores, Inc., a Delaware
corporation (lVDA Redevelopment Project Area)
RES. 2010-272 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the execution of a Business
Operations and Covenant Agreement by and between the City of San
Bernardino and Kohl's Department Stores, Inc., for the operation of an
Internet Sales Office within the City of San Bernardino.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCamrnack, that said resolution be adopted.
Resolution No. 2010-272 was adopted unanimously.
R31. California Housing Foundation funding (Continued from July 19,2010.)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of August 16, 2010. The motion carried unanimously.
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32. Public Comments
Angelique Williams of TELACU Residential Management, Los Angeles, CA,
spoke regarding their new senior project located at 708 West 4th Street, which is
currently accepting applications.
Joe Ortiz, San Bernardino, CA, spoke regarding what he perceives as the bias
demonstrated by The Sun newspaper in their editorials and articles.
Ledona Williams, Friendly Village Mobile Home Park aka Santiago Hillside
Estates, San Bernardino, CA, asked the Council to formally investigate how
Ordinance No. MC-726 has been adhered to over the past 10 years-especially
how rent control is being handled, not only in Friendly Village, but also in
Pacific Palms, GlenAire and Orangwood. She asked that Santiago (managers of
these parks) be required to give immediate disclosure relative to this
ordinance-that people have the right to be under rent control. She asked that
they investigate the rent increase being proposed by Santiago, which could result
in many of the residents losing their homes.
Mayor Morris directed her to speak with Assistant City Manager Debra Kurita.
Deb Bunger, Hillside Estates, San Bernardino, CA, stated that she had to ask
for a copy of Ordinance No. MC-726, and noted that it is not provided in
Spanish. She stated there are many safety issues/violations within the parks.
Charlene Theriault, San Bernardino, CA, spoke regarding animal cruelty-
specifically dog chaining-and laws regarding the matter.
Karen Serrano of Congressman Joe Baca's office reported on the
Appropriations Bill for 2011, which will bring approximately $53 million of
federal monies through the Inland Empire. She stated that of the eleven projects
coming to the district, three will go to the City of San Bernardino including
$42,630,000 for sbX, $1 million for the City of San Bernardino Municipal
Water Department San Bernardino Basin Recycled Water, and $500,000 for the
San Bernardino IntermodaI Transit Center.
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33. Adjournment
At 8:44 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, August 16, 2010.
RACHEL G. CLARK
City Clerk
By: ~H!;e~
Deputy City Clerk
19 08/02/2010