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HomeMy WebLinkAbout07-19-2010 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 MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 19, 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 1:39 p.m., Monday July 19, 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; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Member/Commissioner Desjardins. Council Member/Commissioner Desjardins arrived at 1:46 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): Susan Hulse v. LAFCO & City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVDS 1002077; 07/19/2010 City of San Bernardino Municipal Water Department v. U.S. Department of Defense - United States District Court, Case No. CV 96-8867 - MRRP (VAPx); Zakyia Watson, et al. v. City of San Bernardino - United States District Court, Case No. EDCV 09-1846 VAP (DTBx); Willie Mason, Sr. v. City of San Bernardino, et al. - United States District Court, Case No. EDCV 10-00504 V AP (OPx); Richard "Scott" Moss, et al.. v. City, et al. - United States District Court, Case No. EDCV 07-1027 SGL(OPx); Edward KinR & Aja JaeRer v. City of San Bernardino, Officer Adam Affrunti, Officer Elizabeth Contreras - United States District Court, Case No. 09-01339. 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: inland Communities Corp. v. City of San Bernardino (Paradise Hills) 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: Fire Management Fire Safety General Management/Confidential Mid-Management 2 07/19/2010 Police Management Police Safety G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item lA, pending litigation: Royce Jobe and Royce Jobe, Jr. v. County of San Bernardino, City of San Bernardino, Officer R. Diaz, Officer Porch, Officer Han, County of San Bernardino Sheriff's Department, San Bernardino Police Department and Does 1 through 200, inclusive - San Bernardino County Superior Court Case No. CIVSS 816375. Under Agenda Item IB, anticipated litigation - significant exposure to litigation: One additional case. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory of Charles "Chuck" Wilkinson, Sr., Charles "Chuck" Gladish, and Harry Smith. Invocation/Pledge of Allegiance The invocation was given by Minister Debra Jones of Life Changing Ministries. The pledge of allegiance was led by Korinna Magana, who will be a seventh grade student at Chavez Middle School in the Fall. 2. Appointments Donna Howard - Community Television Commission - Council Member McCammack M. David Alder - Fine Arts Commission - Mayor Morris 3 07/19/2010 Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Johnson, that the appointments of Donna Howard and M. David Alder, as requested by Council Member McCammack and Mayor Morris, be approved. The motion carried unanimously. 3. Proclamations & Presentations 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 Deborah Morrow Alan Martinat Ronald Garcia Cheri Prostler Robert Yandell Finance Fire Police Police Police 25 5 25 20 15 Mayor Morris presented a proclamation to Gary Underwood, who recently retired after serving for over 14 years as the Chief of Police for the San Bernardino City Unified School District. Mayor Morris and Deputy Director of Parks and Recreation, Robert Lennox, presented Certificates of Recognition to Greg Christian, Executive Director, and Jennifer Resch-Silvestri, Area Director, Public Affairs Department, Kaiser Foundation Health Plan and Hospitals, in recognition of the partnership they have with the City to provide summer aquatic programs. Also recognized was Ashley Ballard, head lifeguard at the Jerry Lewis Swim Center. Cat Pritchett, Assistant to the City Manager, along with Chief of Police Keith Kilmer, Lt. Ron Garcia, and Sgt. Dwight Waldo, provided a PowerPoint quarterly update on the activities and accomplishments of San Bernardino Taking Action Against Graffiti (SB TAAG). Council members offered suggestions on ways to improve the program, especially along some of the major City thoroughfares and corridors. Council Member McCarnmack presented a Citizen of the Month award to Paul Sanborn in recognition of the many times he has taken action or made suggestions to make the City of San Bernardino a better place to live. Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, thanked Erin Brinker for her leadership in making the Fourth of July Extravaganza a success., He was joined by Jim Smith, who announced the upcoming Western Regional 4 07/19/2010 Little League Tournament opening ceremonies on August 6 and a bicentennial event to be held at the games on August 9. 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 Kelley made a motion, seconded by Council Member/Commissioner Johnson, 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 Kelley made a motion, seconded by Council Member/Commissioner Johnson, 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 21, 2010; June 30, 2010, July 6, 2010. The motion carried unanimously. 7. Claims & Payroll Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated July 7, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated July 15,2010, 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. Item Deleted 10. Mayor and Common Council's Acceptance of art sculptures as an unconditional gift from University Park, LLC 5 07/19/2010 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the Mayor and Common Council accept a donation of art sculptures as an unconditional gift from University Park, LLC. The motion carried unanimously. 11. 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. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried unanimously. 12. RES. 2010-244 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to approve services agreement between the City of San Bernardino and the Boys & Girls Club of San Bernardino, Inc. to provide community services at the Delmann Heights Community Center on a month to month service period. Council Member/Commissioner Johnson stated he would abstain because he is a member of the Boys & Girls Club Board of Directors. He left the Council Chambers and returned after the vote was taken. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-244 was adopted with Johnson abstaining. 13. RES. 2010-243 - 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 (SMBMI) to use the City of San Bernardino Police Department's Firing Range. Council Member/Commissioner McCarnmack stated she would abstain because the San Manuel Band of Mission Indians is a business client. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to increase Police Revenue Account No. 001- 000-4740 by $25,000 and increase Police Expenditures Account No. 001-224- 5706 by $25,000. The motion carried and Resolution No. 2010-243 was adopted with McCammack abstaining. 6 07/19/2010 14. RES. 2010-245 - Resolution of the City of San Bernardino authorizing the execution of an agreement with the United States Department of Justice for the San Bernardino Police Department to participate as a member of the Drug Enforcement Administration (DEA) Task Force. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-245 was adopted unanimously. 15. Resolutions to reduce certain Development Impact Fees and City processing fees; Resolution to expand the fee deferral program, and an Urgency Ordinance to grant automatic extensions of development project approvals RES. 2010-246 - 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. (15A) RES. 2010-247 - 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. (15B) ORD. MC-1329 - An Urgency Ordinance of the City of San Bernardino amending Sections 19.36.070 and 19.44.070 of the San Bernardino Municipal Code (Development Code) to grant a one time, automatic two year extension of time for previously approved conditional use permits and development permits, declaring the urgency thereof and taking effect immediately. URGENCY (15C) RES. 2010-248 - 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. (Note: Resolution reduces certain City processing fees by 50 percent for two years.) (1501) Public Comments: Carlos Rodriguez, CEO, Building Industry Association of Southern California, Inc. (BIA), Baldy View Chapter, Rancho Cucamonga, CA, expressed support of A, B, C, and Dl; however, they would like to see the 50 percent reduction of Development Impact Fees (DIF) applied to townhomes and condominiums in addition to the single family residential, and the minimum project size for deferral of certain DIFs adjusted from five lots to five units. 7 07/19/2010 Michael Vairin, President, BIA of Southern California, Riverside, CA, expressed support for the proposal and explained a little bit about BIA's efforts to contact cities across the region about fee reductions in order to stimulate housing development. James Watson, Developer, Seal Beach, CA, expressed support for the proposal, stating he would like to see the DIFs reduced by 50 percent for two years for single family dwellings, townhomes, and condominiums; and a 50 percent reduction in the City's processing fees for two years. Neil Gascon, San Diego, CA, stated that he supported reducing Development Impact Fees by 50 percent, but it should include all residential types and the five-lot limitation is too restrictive. He stated that he would like the City processing fees reduced also. Regarding the reduction in Development Impact Fees, Council Member/ Commissioner Desjardins asked Mr. Watson whether he would also recommend a reduction of square footage requirements for commercial assessments, and Mr. Watson answered in the affirmative. Mr. Desjardins noted that the City has an abundance of vacant lots that would probably lend themselves to commercial buildings that are 10,000 square feet with adequate parking. Council Member/Commissioner McCarnmack stated that she thought the square footage has to be reduced, and if they are going to reduce it, they might as well make it for all development. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolutions A and B, urgency ordinance C, and resolution Dl be adopted, to include townhomes and condos, no minimum square footage on commercial, and no minimum number of units. (The motion was subsequently amended.) City Attorney Penman advised that the urgency ordinance would need a two- third vote and resolution D would need to be amended. Discussion ensued regarding the fact that the added changes/recommendations could have some costs associated with them, and Council Member/ Commissioner Brinker questioned the wisdom of making these changes without any kind of cost analysis or comparison with other cities. He stated that the Council did not have a clear vision of the big picture of how these suggestions would work with the budget. The Council also discussed the two-year time frame versus the one-year time frame, pass-through fees, and those fees paid by the City for outside plan check services, etc. 8 07/19/2010 Council Member/Commissioner McCarnmack stated that she would like to amend the motion to send back to the Ways and Means Committee all the things discussed by the Council that were not included in the motion. Council Member/Commissioner Kelley amended his motion, seconded by Council Member/Commissioner Shorett, that said resolutions A and B, urgency ordinance C, and resolution Dl be adopted, to include townhomes and condominiums, no minimum square footage on commercial, and no minimum number of units; and that all other suggestions/ideas discussed by the Council would be sent back to the Ways and Means Committee for further discussion/investigation. (No vote was taken.) Ms. McCarnmack suggested that all the Council members make a list of their suggestions/ideas and give them to the Ways and Means Committee chairman. City Attorney Penman advised that some revisions needed to be made to resolutions A, B, and Dl-that more precise language was needed in the resolutions and they should be continued; however, the urgency ordinance C could be adopted. Following a short discussion relative to how the Council wanted to move forward on this matter, Council Member/Commissioner Johnson suggested adopting resolutions A and B, urgency ordinance C, and resolution Dl, as written, and then bring back the revised resolutions after discussion by the Ways and Means Committee. Council Member/Commissioner Kelley withdrew his original, amended motion. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCarnmack, that said resolutions A and B, urgency ordinance C, and resolution Dl, be adopted; and that all changes/ideas/ suggestions discussed by the Council be referred back to the Ways and Means Committee. The motion carried and Resolution Nos. 2010-246, 2010-247, 2010-248 and Ordinance No. MC-1329 were adopted unanimously. 16. Item deleted 17. RES. 2010-249 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the 2010/11 Used Oil Payment Program application for funds from the Department of Resources Recycling and Recovery (CaIRecycle). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCarnmack, that said resolution be adopted. Resolution No. 2010-249 was adopted unanimously. 9 07/19/2010 18. Public Hearing - Resolution imposing liens on property located within the City of San Bernardino for uncollected Business Registration fees RES. 2010-250 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCarnmack questioned whether #63 on Exhibit A, California Housing Foundation, was an EDA funded organization, and if so, she thought the Agency needed to stop funding them until they pay. Agency Counsel Sabo, speaking from the audience, advised that the Agency has no membership in the organization; however, they have funded several purchases of property. He advised that the Council move ahead with imposing the lien and he and Agency staff would contact the Foundation to pay immediately. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibits A and B which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2010-250 was adopted unanimously. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Kelley, that the California Housing Foundation, #63 on page 8 of Exhibit A, be placed on the August 2, 2010, Council/Commission agenda regarding whether the City/Agency wants to continue to fund them. The motion carried unanimously. 19. Norton Space and Aeronautics Academy - Reimbursement Agreement for waiver/reimbursement of fees (Continued from June 21, 2010.) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the matter be tabled. The motion carried unanimously. 19A. Furloughs on Police sworn personnel City Manager McNeely advised that staff had anticipated that they would have an agreement in place; unfortunately, they were close, but nothing had been finalized. 10 07/19/2010 He stated they were optimistic that they might reach an agreement with the bargaining group within the next couple of days; however, he was recommending to the Mayor and Council that they authorize the city manager to proceed, if necessary, with the imposing of furloughs on the police sworn personnel prior to the next Council meeting date of August 2. Public Comments: T. Elliott, San Bernardino, CA. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the City Manager and the Director of Human Resources continue to negotiate with the Police Officers Association and be authorized to proceed with imposing furloughs on Police sworn personnel (Police Officers Association bargaining unit). The motion carried with Desjardins, Kelley, and McCammack voting "no." COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCarnmack; Senior Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. R20. Item deleted R21. 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 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. (R21A) 11 07/19/2010 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. (R21B) Resolution of the Community Development Commission of the City of San Bernardino approving and anthorizing the Interim Execntive 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. (R21C) Staff requested a continuance of this item to the next meeting. Council Member/Commissioner McCammack stated she would need to abstain on this item. 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 2, 2010. The motion carried with Desjardins and Johnson absent and McCammack abstaining. R22. RES. CDC/2010-42 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Professional Services Agreement by and between the Agency and AECOM, to provide consultant services for the preparation of a streetscape design for Downtown San Bernardino (Merged Central City Projects, Central City North). Council Member/Commissioner McCarnmack expressed concern that the Agency does not have a partner on some specific parcels, yet they are about to spend money on this design, which could ultimately be altered when these new partners are onboard. She felt that staff should hold off a little bit longer. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2010-42 was adopted with McCammack voting "no." 12 07/19/2010 23. Public Comments Carol Donnelly, San Bernardino, CA, expressed support for a police-operated vehicle impound yard and spoke regarding the politics in City Hall. George Steffen, Highland, CA, member of Knights of Columbus, requested that the City's law limiting bingo be changed to be more in line with the surrounding cities, such as $500 for a regular game and one unlimited progressive game. It was noted that bingo is primarily governed by State law rather than by local ordinances; however, staff would review the City's laws on this matter and follow up with Mr. Steffen. Rose Loya submitted copies of information obtained from the ReformSexOffenderLaws.Org website, stating that they are trying to abolish Megan's Law. 24. Adjournment At 6:57 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 2,2010. By: RACHEL G. CLARK ~ty Clerk . E!Jd; Linda E. Hartzel Deputy City Clerk 13 07/19/2010