HomeMy WebLinkAbout04-05-2010 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
Coos Kelley
Rikke Van Johnson
Wendy McCommack
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MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 5, 2010
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/Chairman Morris at 1:32 p.m., Monday, April 5, 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, McCammack; Senior Assistant City
Attorney Wilson; City Manager McNeely; Deputy City Clerk Ochiqui.
Absent:
Council Member/Commissioner Desjardins.
Council Member/Commissioner Desjardins arrived at 1:47 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Michael Desrochers, et al. v. City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVSS 708367;
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Susan Hulse v. LAFCO & City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVDS 1002077;
Steven Bocanef?ra v. City of San Bernardino, et al. - United States District
Court, Case No. 10-00032 (V AP) OPx;
lane Batey, et al. v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. SCVSS 141503;
l.R., etc., et al. v. City of San Bernardino, et al. - United States District
Court of Appeals, Case Nos. 07-56375 and 08-55102.
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)
Arco Gas Station at 5th & Mt. Vernon
One case
C. Conference with legal counsel - anticipated litigation - initiation 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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
1.
Property Address:
450 North "E" Street
APN: 0134-121-24
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Negotiating Parties:
Emil A. Marzullo, Interim Executive
Director, on behalf of the
Redevelopment Agency, and
Moctesuma Esparza on behalf of
Maya Cinemas North America, Inc.
Under Negotiation:
Purchase price, terms and conditions.
Reading of Resolutions & Ordinances
Deputy City Clerk Ochiqui 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
Mayor/Chairman Morris requested a moment of silence in memory of Dr. Finis
Wiggins, Jr., Richard Kimball and Frank Ibarra.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David McGloklin of St. Paul's United Methodist
Church. The pledge of allegiance was led by Matthew Keiper, a third grade student at
Bonnie Oehl School.
2. Reappointments - Various Committees/Commissions - Mayor Morris
Animal Control Commission
Judith Hubert
Marilyn Sauer
Bicentennial Ad Hoc Committee
Martha L. Pinckney
Steve Shaw
David E. Smith
Jane Sneddon
Community Development Citizen Advisory Committee
Barbara Henley
Mark Ocegueda
Thomas Pierce
Fine Arts Commission
Ken Corona
Mildred McKim
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Measure Z Citizens Oversight Committee
Philip M. Savage III
Planning Commission
Lance Durr - Alternate
James Mulvihill
A. Jay Munoz
Appointments - Various Committees/Commissions - Council Member
Desjardins
Bicentennial Ad Hoc Committee
John A. Valdivia II
Community Development Citizen Advisory Committee
Nicholas Calero
Board of Fire Commissioners (Fire Commission)
Virginia Jecks-Wright
Historical Preservation Commission
James M. Smith
Human Relations Commission
John A. Valdivia II
Planning Commission
Nicholas Calero
Board of Police Commissioners (police Commission)
Sharon Darling
Santa Ana River Trail Commission
John A. Valdivia II
Senior Affairs Commission
John W. Powers
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said appointments and reappointments,
as requested by Mayor Morris and Council Member Desjardins, be approved.
The motion carried unanimously.
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Appointments - Various Committees/Commissions - Council Member
Shorett
Board of Building Commissioners and
Bureau of Franchises
Larry Quiel
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that said appointments, as requested by
Council Member Shorett, be approved. The motion carried unanimously.
3. Presentations
Letitia White, Federal lobbyist with Innovative Strategies, gave a brief update on
the progress of the City's Federal programs.
Council Member Brinker presented the Citizen of the Month Award to Pat King,
Principal at Urbita Elementary School.
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, announced that
several events were coming up in May, the most important being the Gala. Rabbi
Cohn introduced Martha L. Pinckney, Chair of the Gala Committee, who
provided information about the Bicentennial Gala, which will be held on May 15,
2010, at the National Orange Show Events Center.
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 McCammack 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.
6. Council Minutes
Council Member/Commissioner McCammack 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
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Commission of the City of San Bernardino be approved as submitted in
typewritten form: March 1, 2010; March 11, 2010; and March 15, 2010. The
motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner McCammack 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 March 15,
2010, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the personnel actions, as submitted
by the Chief Examiner, dated March 31, 2010, in accordance with Civil Service
rules and Personnel policies adopted by the Mayor and Common Council of the
City of San Bernardino, be approved and ratified. The motion carried
unanimously.
9. RES. 2010-62 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to execute an Animal Control
and Housing Agreement by and between the City of San Bernardino and the
City of Grand Terrace for the period of April 1, 2010 through April 1, 2013
and ratifying any action taken between April 1, 2010 and the date of this
resolution.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted, as
amended, to reflect the addition of an Animal Control Officer; that the Director
of Finance be authorized to amend the FY 2009/2010 adopted budget as outlined
in Attachment A to the staff report from Debra Kurita, Assistant City Manager,
and Sue Hoak, Animal Control Manager, dated March 29, 2010; and that the
Director of Human Resources be authorized to update the position control
resolution to reflect the addition of an Animal Control Officer. The motion
carried and Resolution No. 2010-62 was adopted unanimously.
10. RES. 2010-55 - Resolution of the Mayor and Common Council of the City of
San Bernardino in support of the Local Taxpayer, Public Safety, and
Transportation Protection Act of 2010.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-55 was adopted unanimously.
1IA. Request for Feasibility Study to integrate the City Library System into the
San Bernardino County Library System
Public Comments:
Tom Rennard, Library Board of Trustees member, San Bernardino, CA;
Evelyn Alexander, San Bernardino, CA;
Carolyn Tillman, Library Board of Trustees member, San Bernardino, CA;
Jay Lindberg, San Bernardino, CA.
Council Member/Commissioner Desjardins made a motion, seconded by Council
Member/Commissioner Kelley, that the City Manager be directed to prepare a
Feasibility Study to integrate the City Library System into the San Bernardino
County Library System. No vote was taken.
Council Member/Commissioner Johnson made a substitute motion, seconded by
Council Member/Commissioner Brinker, that the City Manager be directed to
bring the item back to the City Council in the near future to include all the
recommendations that were discussed at the retreat. The motion carried with
Desjardins, Kelley and McCammack voting "no."
liB. Implementation of Management Partners Report recommendations
Council Member/Commissioner Desjardins made a motion, seconded by Council
Member/Commissioner Kelley, that the City Attorney be directed to draft
proposed City Charter and Municipal Code changes to implement these cost
saving recommendations identified in the Management Partners Report:
lA) Amend the Charter to transfer the hiring/firing responsibility to the City
Manager; and 100) Consolidate human resources duties, responsibilities and
resources of the Library, Water, Economic Development/Redevelopment
Departments into the consolidated Human Resources Department. No vote was
taken.
Council Member/Commissioner Johnson made a substitute motion, seconded by
Council Member/Commissioner Brinker, that the City Manager be directed to
bring the item back to the City Council in the near future to include all the
recommendations that were discussed at the retreat. The motion carried with
Desjardins, Kelley and McCammack voting "no."
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12. Authorization to proceed and approval of Plan No. 12708 - Proposed street
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 (New Roosevelt II Elementary School)
Senior Assistant City Attorney Wilson stated that the City Attorney's Office
would be abstaining on this item because the City Attorney's wife is a member of
the School Board.
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because the San Bernardino City Unified School District is a business
client.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the Director of Development
Services and the City Clerk be authorized to proceed with the proposed street
vacation of a portion of Turrill A venue between 14th Street and 16th Street, and a
portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue;
and that Plan No. 12708 showing the proposed street vacation of a portion of
Turrill A venue between 14th Street and 16th Street, and a portion of Magnolia
Avenue between Mt. Vernon Avenue and Garner Avenue, be approved. The
motion carried with McCammack abstaining.
13. Authorization to proceed and approval of Plan No. 12706 - Proposed street
vacation of a portion of Pico A venue between 11th Street and Base Line Street
(New Alessandro II Elementary School)
Senior Assistant City Attorney Wilson stated that the City Attorney's Office
would be abstaining on this item because the City Attorney's wife is a member of
the School Board.
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because the San Bernardino City Unified School District is a business
client.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the Director of Development
Services and the City Clerk be authorized to proceed with the proposed street
vacation of a portion of Pico A venue between II th Street and Base Line Street;
and that Plan No. 12706 showing the proposed street vacation of a portion of Pico
Avenue between lith Street and Base Line Street, be approved. The motion
carried with McCammack abstaining.
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14. RES. 2010-56 - Resolution of the City of San Bernardino authorizing
execution of a cooperative agreement with the San Bernardino County Flood
Control District (District), the City of Highland, the City of Redlands and the
Inland Valley Development Agency (IVDA) for construction of Alabama
Street at City Creek - Road Improvements (SD05-01).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-56 was adopted unanimously.
15. Item deleted.
16. RES. 2010-57 - Resolution of the City of San Bernardino establishing a sale
price of $500,000 and declaring the intention to sell City property generally
located on the north side of Third Street, west of Waterman Avenue to the
Redevelopment Agency of the City of San Bernardino and setting a public
hearing for May 3, 2010, to consider said sale.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the Director of Development
Services be authorized to proceed with the sale of City property generally located
on the north side of Third Street, west of Waterman Avenue, to the
Redevelopment Agency; and that said resolution be adopted. The motion
carried and Resolution No. 2010-57 was adopted unanimously.
17. RES. 2010-63 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to All American Asphalt for street
improvements on Cajon Boulevard, per Project Plan No. 12155.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the bid protest from Cooley
Construction, Inc. be rejected; and that said resolution be adopted. Resolution
No. 2010-63 was adopted unanimously.
18. RES. 2010-58 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order to DHS Systems LLC for a DRASH MX5 Rapid Deployment
Shelter and Environmental Control Unit.
Council Member/Commissioner McCammack made
Council Member/Commissioner Shorett, that said
Resolution No. 2010-58 was adopted unanimously.
a motion, seconded by
resolution be adopted.
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19. RES. 2010-59 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order to Zoll Medical Corporation for four (4) Cardiac
Monitor/Defibrillators with accessories.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-59 was adopted unanimously.
20. RES, 2010-60 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order to Motorola in the amount of $40,118.85 for communication
equipment.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-60 was adopted unanimously.
21. RES. 2010-61 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the purchase of a virtual server environment for
the City's business system infrastructure with Dell Computers, Inc., pursuant
to Municipal Code Chapter 3.04.010(8)(3).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2010-61 was adopted unanimously.
22. RES. 2010-64 - 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 $557,700 with two (2) one-year extensions at
the City's option to American Asphalt South, Inc. for the Slurry Seal
Program utilized by the Public Services Department, Street Division.
Council Member/Commissioner Kelley stated that he would like to work with the
department head to reprogram some of the dollars in the Fifth Ward to address
some of the other streets that are better candidates for the slurry seal.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-64 was adopted with McCammack voting "no."
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23. RES. 2010-65 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City of San Bernardino to enter into an
agreement with the City of Los Angeles for the purpose of accepting and
administering the FY 2007/2008 Regional Catastrophic Preparedness Grant
Program.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-65 was adopted unanimously.
24. RES. 2010-66 - Resolution ratifying the submittal of two grant applications
to the Community Foundation: 2010 Community Impact Fund for the
combined amount of $20,000 to implement the "Fitness on Wheels" and
"Ties that Bind" Programs.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2010-66 was adopted with Brinker absent.
25. Policy for naming of public facilities
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that no action shall be taken to name any public
facility or amenity until a formal policy is adopted by the Mayor and Common
Council. No vote was taken.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Kelley, that no action shall be taken to name
any public facility or amenity until a formal policy is adopted by the Mayor and
Common Council, except for those parks that have previously been named in the
Fifth Ward by Councilman Kelley. The motion carried with Brinker, Shorett
and Johnson voting "no."
26. Resolution of Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement with San Manuel Band of Mission
Indians to use the City of San Bernardino Police Department's firing range.
(Continued from March 15,2010)
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because San Manuel is a business client.
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of April 19, 2010. The motion carried with McCammack
abstaining.
27. An Ordinance of the City of San Bernardino amending the definition of
"Roll-off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San
Bernardino Municipal Code. FIRST READING (Continued from March 15,
2010)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of April 19, 2010. The motion carried
unanimously.
28. RES. 2010-67 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing an amendment to an agreement and increase to
an annual purchase order in the amount of $30,000 with "Y" Tires of Los
Angeles. (Continued from March 15, 2010)
Council Member/Commission Shorett asked why they were going with a vendor
from Los Angeles.
Randy Kuettle, Acting Director of Public Services, stated that no local vendors
are authorized to sell tires using government pricing-they have to qualify with
the State.
Council Member/Commissioner McCammack asked Mr. Kuettle to encourage
local vendors to try to get qualified.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2010-67 was adopted unanimously.
29. RES. 2010-68 - A Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an agreement and increase to an annual
purchase order in the amount of $17,000 pursuant to Section 3.04.010-B3 of
the Municipal Code with three single year renewal options to, Tec of
California for the purchase of specific equipment parts and supplies for the
Public Services refuse fleet utilized by the Public Services Department Fleet
Division. (Continued from March 15, 2010)
Council Member/Commissioner McCammack asked staff to look into purchasing
the parts from the local GMC repair facility.
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Randy Kuettle, Acting Director of Public Services, stated that he did not know
whether GM had the ability to do that unless they were part of the dealership
program, but he indicated that he would look into it.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2010-68 was adopted unanimously.
30. Request from the San Bernardino Historical and Pioneer Society that the
Santa Fe Clock located in the Council Chambers be loaned to the Society for
display in the San Bernardino History and Railroad Museum
Public Comments:
Steven Shaw, President of the San Bernardino Historical and Pioneer Society,
San Bernardino, CA;
Allen Bone, Redlands, CA;
Tom Marek, Moreno Valley, CA.
Council Member/Commissioner Kelley recommended that if the Council decides
to loan the clock, perhaps they could get a Bicentennial clock to hang in its place
until such time as the Santa Fe clock is returned.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the loan request from the Historical and
Pioneer Society for the Santa Fe Historical Clock to be displayed in the San
Bernardino History and Railroad Museum be approved; that staff be directed to
develop and negotiate a loan agreement, which will include a term; and that the
City Manager be authorized to execute the loan agreement. The motion carried
unanimously.
31. Municipal Code Section 2.01.010 Mayor Pro-Tempore - Election of Mayor
Pro-Tempore (Continued from March 15, 2010)
Note: Agenda Item Nos. 31 and 32 were discussed simultaneously.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Desjardins, that the Common Council elect Council
Member McCammack to serve as Mayor Pro-Tempore until March 21, 2011.
The vote was taken following further discussion.
Council Member/Commissioner McCammack submitted and read into the record
an e-mail addressed to Council Member/Commissioner Kelley, regarding Mayor
Pro Tern, dated April 4, 2010.
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Council Member/Commissioner Brinker submitted into the record and discussed a
document titled, "Mayor Pro tern ordinances."
Public Comments:
Robert Jenkins, San Bernardino, CA;
Jay Lindberg, San Bernardino, CA.
The original motion made by Council Member/Commissioner Kelley, seconded
by Council Member/Commissioner Desjardins, that the Common Council elect
Council Member McCammack to serve as Mayor Pro-Tempore until March 21,
2011, failed, with Marquez, Brinker, Shorett and Johnson voting "no."
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, to nominate Council Member Marquez to
serve as Mayor Pro-Tempore until March 21,2011. Council Member Marquez
declined the nomination.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the Common Council elect Council
Member Brinker to serve as Mayor Pro-Tempore until March 21, 2011. The
motion carried with Desjardins and Kelley voting "no," and McCammack
abstaining.
32. Ordinance of the City of San Bernardino amending Title 2, "Administration
and Personnel," of the San Bernardino Municipal Code by amending
Chapter 2.01 "Mayor Pro-Tempore" to create a rotating assigmnentj to
create the "Ad Hoc Council Committee for Council Committee
Assignments"; and, to substitute the "Ad Hoc Council Committee for
Council Committee Assignments" for the senior Council Member. FIRST
READING
Note: Agenda Item Nos. 31 and 32 were discussed simultaneously.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said ordinance be laid over for final
adoption. The motion failed with Marquez, Brinker, Shorett and Johnson
voting "no."
33. 2010 National League of Cities Congressional City Conference
Note: No staff reports were distributed.
Council Members/Commissioners Kelley and Desjardins presented brief oral
reports to the Mayor and Common Council.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the reports be received and filed. The
motion carried unanimously.
34. Ordinance of the City of San Bernardino amending City of San Bernardino
Municipal Code Title 2, Chapters 2.14 and 2.15. FIRST READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption; and that staff be directed to make any additional corresponding changes
to the City of San Bernardino Municipal Code. The motion carried
unanimously.
35. Report to the Mayor and Common Council of the City of San Bernardino on
the analysis of violence, alcohol outlets, and sales of single serve containers of
alcohol in San Bernardino, 2007-2009
Amelia Sanchez-Lopez, San Bernardino County Department of Public Health,
gave a PowerPoint presentation summarizing results of a survey conducted by the
Alcohol and Drug Abuse Prevention Program to determine the availability of
alcohol in the City. They looked at how many off-sale establishments there are in
the City, where they are located, what type of license they have, and whether or
not they are in compliance with specific ABC requirements.
Dr. Robert Nash Parker, Director of the Presley Center for Crime and Justice
Studies at the University of California, Riverside, discussed his report entitled,
Report on Analysis of Violence, Alcohol Outlets, and Sales of Single Serve
Containers of Alcohol in San Bernardino, 2007-2009, Robert Nash Parker and
Kevin McCaffree, Presley Center for Crime and Justice Studies, Department of
Sociology, University of California, Riverside.
Dr. Parker gave a Power Point presentation entitled, The Impact of Retail
Practices on Violence: The Case of Single Serve Alcohol Beverage Containers,
Robert Nash Parker and Kevin McCaffree, University of California.
Daniel Skyles, Institute for Public Strategies, described the "Deemed Approved
Ordinance" option, which sets a number of responsible business practices that
alcohol outlet retailers must follow to be in compliance with the law; and it
changes the status of all the existing, non-conforming (grandfathered) outlets to
"deemed approved," as long as the practices are followed and they remain in
compliance. If they are found not to be in compliance with the standards included
in the "Deemed Approved Ordinance," they could be required to meet new
conditions. He stated that data from the Office of Juvenile Justice and
Delinquency Prevention has shown that the elements in the "Deemed Approved
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Ordinance" have been effective in combating violent crime as well as underage
drinking.
Senior Assistant City Attorney Wilson advised that the City Attorney's office is
ready to prepare a "Deemed Approved Ordinance" for the Council's
consideration within the next 30 days.
Discussion ensued regarding enforcement.
Public Comments:
. Adriene M. Robinson, Clinical Social Worker with Young Visionaries, San
Bernardino, CA;
. Jay Lindberg, San Bernardino, CA;
. Rodolfo Pinon, Executive Director, Casa de San Bernardino, San
Bernardino, CA;
. John Valdivia, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the report be received and filed;
and that the matter be referred to the Legislative Review Committee for further
processing. The motion carried unanimously.
COMMUNITY DEVELOPMENT COMMISSION
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior
Assistant City Attorney Wilson; Economic Development Agency Interim
Executive Director Marzullo and Agency Counsel Sabo; Deputy City
Clerk Ochiqui.
Absent:
None.
R36. 5th Street and Meridian Avenue Project ("Project") update of project
activities
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the Community Development Commission
of the City of San Bernardino receive and file the annual update of the 5th Street
and Meridian A venue Project for the Redevelopment Agency of the City of San
Bernardino. The motion carried unanimously.
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R37. Neighborhood Stabilization Program ("NSP") Quarterly Report
Public Comments:
Jay Lindberg, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the Community Development Commission
of the City of San Bernardino receive and file the quarterly report of the
Neighborhood Stabilization Program ("NSP") for the Redevelopment Agency of
the City of San Bernardino. The motion carried with McCammack abstaining.
R38. Pacific Heritage, Inc. - Amendment No.1 to the Agreement for Professional
Design and Construction Management Services (IVDA Redevelopment
Project Area)
RES. CDC/2010-14 - 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 Amendment No. 1 to the Agreement by
and between the Agency and Pacific Heritage, Inc., for Professional Design
and Construction Management Services (IVDA Redevelopment Project
Area).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Desjardins, that said resolution be adopted.
Resolution No. CDC/2010-14 was adopted unanimously.
R39. Vanir Construction Management, Inc. - Amendment No.1 to the Agreement
for Professional Services for Engineering, Design and Construction
Management Services at the California Theatre of the Performing Arts
(Central City North Redevelopment Project Area)
RES. CDC/2010-15 - 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 Amendment No. 1 to the Agreement for
Professional Services by and between the Agency and Vanir Construction
Management, Inc., for Engineering, Design and Construction Management
Services for a cable raceway and ceiling medallion at the California Theatre
of the Performing Arts (Central City North Redevelopment Project Area).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Desjardins, that said resolution be adopted.
Resolution No. CDC/2010-15 was adopted unanimously.
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R40. Westbound Communications - Agreement for Professional Services for the
preparation of an economic development and branding campaign for the
Downtown Core Vision and Action Plan Area and the Economic Development
Agency revitalization efforts
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
an Agreement for Professional Services by and between the Agency and
Westbound Communications, for the preparation of an economic
development and branding campaign for the Downtown Core Vision and
Action Plan Area in furtherance of the Economic Development Agency
revitalization efforts.
Staff requested a two-week continuance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council!
Commission meeting of April 19, 2010. The motion carried unanimously.
R41. The Fransen Company - Agreement for Professional Services for
commercial/retail and marketing/siting advisory services for the Downtown
Core Vision and Action Plan Area and Business Retention/Expansion/
Attraction and Job Creation Program
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
an Agreement for Professional Services by and between the Agency and The
Fransen Company, for commercial/retail and marketing/siting advisory
services for the Downtown Core Vision and Action Plan Area and Business
Retention/Expansion/Attraction and Job Creation Program.
Staff requested a two-week continuance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of April 19, 2010. The motion carried unanimously.
R42. Virginia Marquez - Property purchase and improvement completion on the
property located at 168 and 170 East 3'. Street, Unit #11 (Central City East
Redevelopment Project Area)
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RES. CDC/2010-16 - Resolution of the Community Development Commission
of the City of San Bernardino certifying that all improvements have been
completed on the property located at 168 and 170 East 3'. Street, Unit #11,
San Bernardino, California, in the Central City East Redevelopment Project
Area pursuant to Health and Safety Code Section 33130.5.
Council Member/Commissioner Marquez stated that she would be abstaining on
this item. 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 resolution be adopted. Resolution No.
CDC/2010-16 was adopted with Marquez abstaining.
R43. Approval of funding pursuant to the formation of the Auto Center Property
and Business Improvement District ("PBID") (Southeast Industrial Park and
IVDA Redevelopment Project Areas)
RES. CDC/2010-17 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing funding equal to
$1,218,372 pursuant to the formation of the Auto Center Property and
Business Improvement District ("District") and funding the operations and
activities of the District (Southeast Industrial Park and IVDA Redevelopment
Project Areas)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
CDC/2010-17 was adopted with McCammack abstaining.
R44. Maya San Bernardino Cinemas, LLC - Amended and Restated 2008
Disposition and Development Agreement (Central City North Redevelopment
Project Area)
Public Comments:
Moctesuma Esparza, Maya Cinemas North America, Inc., Los Angeles, CA.
RES. CDC/2010-18 - 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 the Amended and Restated 2008
Disposition and Development Agreement by and between the Agency and
Maya San Bernardino Cinemas, LLC (Central City North Redevelopment
Project Area).
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. CDC/2010-18 was adopted with Kelley voting "no."
45. Public Comments
Paul Sanborn, San Bernardino, CA, requested that the City repair the Santa Fe
whistle and the public clock; fill all the potholes and paint circles around them
with fluorescent paint so they are more visible at night; hire live people to answer
the phones at City Hall; dedicate a special phone number in Development
Services for contractors only; and, he announced that the 31 Flavors ice cream
parlor on Highland Avenue has been in business for 54 years and is the second
oldest in the World.
Jay Lindberg, San Bernardino, CA, spoke regarding the high number of
foreclosures in the City of San Bernardino; integrating the City library system
into the County library system; regional policing; and solar power and renewable
energy systems.
Debbi Matley, San Bernardino, CA, secretary of the Neighborhood Cluster
Association of San Bernardino, stated that anyone interested in learning more
about the Neighborhood Cluster Association was welcome to attend an
informational meeting on Saturday, April 17, 2010, at 8:30 a.m., at the Native
Sons of the Golden West, Arrowhead Parlor, located at Del Rosa and Date
Avenues.
46. Adjournment
At 8:13 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for I :30 p.m., Monday, April 19, 2010.
RACHEL G. CLARK
City Clerk
By c4;uJ LL -JAJJn.t AJ~ ./
Linda Sutherland
Deputy City Clerk
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