HomeMy WebLinkAbout06-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 Shorell
Clws Kelley
Rikke Van Johnson
Wendy McCanunack
~
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 21,2010
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 1:34 p.m., Monday, June 21, 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; Senior Assistant City Attorney
Wilson; City Manager McNeely; City Clerk Clark.
Absent:
Council Members/Commissioners Desjardins and McCammack.
Council Member/Commissioner Desjardins arrived at 1:50 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;
06/21/2010
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)
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:
~id-~anagement
General
~anagement/Confidential
Fire Safety
Fire ~anagement
Police ~anagement
Police
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Senior Assistant City Attorney Wilson announced that the following additional
item would be discussed under Agenda Item IB, significant exposure to
litigation:
Disability claim of ~ichael Billdt.
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 ~ayor and Common Council and Community
Development Commission.
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06/21/2010
Moment of Silence
A moment of silence was observed in memory of Dr. Randall Kersten, Anastacio Cruz,
Irmi Blum, Craig Jure, Amarion Adams, and members of the family destroyed by
gunfire this past weekend.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David Starr of St. John's Episcopal Church.
The pledge of allegiance was led by Dijerra Torrence, a fifth grade student from
Roosevelt Elementary School.
2. Appointments
There were no commission appointments.
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
Larry Martin
Darren Hall
Tiffany Emon
Tamara Mayo
Robert Snyder
Information Technology
Development Services
Police
Police
Police
20
5
5
5
10
Council Member Kelley presented a Resolution of Commendation to Dr.
Kimberly Nicole Jackson, daughter of Cheryl Weeks, Administrative Supervisor
in the City Council Office, who recently received her medical degree from Ohio
State University.
Council Member Johnson presented the Citizen of the Month Award to longtime
community volunteer Robert Hampton.
Beverly Powell of the Southern California Edison Public Affairs Division,
provided information on ways to conserve energy and Edison's discount
program, which is available to customers. She distributed a document titled,
"Southern California Edison 2010 State of the Utility" to the elected officials
and city manager.
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, spoke regarding
the San Bernardino's Got Talent show held on June 19 at the Sturges
Auditorium, announced the July Extravaganza to be held July 4 at 5 p.m. at the
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06/21/2010
Arrowhead Credit Union Stadium, and encouraged people to buy a copy of the
bicentennial coffee table book covering 1810-2010, which was prepared by The
Sun newspaper. Reverend Petra Sternberg spoke regarding the Mural of Faith
and what our citizens envision for our city .
James Douglas, Principal Consultant with InfraConsult LLC, provided a
PowerPoint presentation regarding the Big Bear Modal Alternatives Analysis.
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. Council Member
Marquez requested that the matter regarding potential charter changes be placed
on the agenda for the June 30,2010, budget meeting.
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 with
McCammack absent.
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: April
22, 2010; April 27, 2010; May 17, 2010. The motion carried with
McCammack absent.
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 June 2, 2010,
from Barbara Pachon, Director of Finance, be approved. The motion carried
with McCammack absent.
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06/21/2010
8. Personnel Actions
Council Member/Connnissioner Johnson made a motion, seconded by Council
Member/Connnissioner Shorett, that the personnel actions, as submitted by the
Chief Examiner, dated June 17, 2010, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Connnon Council of the City
of San Bernardino, be approved and ratified. The motion carried with
McCammack absent.
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a renewal agreement between the
City of San Bernardino and Progressive Solutions, Inc. for revenue
recovery and software license agreement for software and revenue recovery
services.
Note: No resolution was distributed with the backup materials.
Note: Item 9 was originally approved during the vote on the consent calendar;
subsequently, Senior Assistant City Attorney Wilson advised the Council that
Item 9 needed to be continued to the meeting scheduled for June 23,2010.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Connnissioner Shorett, that the matter be continued to the Councill
Connnission budget meeting scheduled for June 23, 2010. The motion carried
with McCammack absent.
10. RES. 2010-140 - Resolution of the Mayor and Common Council authorizing
the City Manager to execute an agreement with Junior University of San
Bernardino for the use of the Roosevelt Bowl at Perris Hill Park and
ratifying any action taken between May 1, 2010 and the date that this
resolution is adopted.
Council Member/Connnissioner Johnson made a motion, seconded by Council
Member/Connnissioner Shorett, that said resolution be adopted. Resolution
No. 2010-140 was adopted with McCammack absent.
11. RES. 2010-141 - Resolution of the Mayor and Common Council of the City
of San Bernardino acknowledging the receipt and filing of the Annual
Statement of Investment Policy for the period July 1, 2010 through June 30,
2011.
Council Member/Connnissioner Johnson made a motion, seconded by Council
Member/Connnissioner Shorett, that said resolution be adopted. Resolution
No. 2010-141 was adopted with McCammack absent.
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06/21/2010
12. Resolutions approving the 2010/2011 Assessment Rolls - various Assessment
Districts
RES. 2010-146 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 951, Zone 1 and
Zone 2, Landscaping Construction and Maintenance District, Wagonwheel
Road Area. (12A)
RES. 2010-201 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2,
Zone 2A, and Zone 3, Landscaping Construction and Maintenance District,
State University Area. (12B)
RES. 2010-202 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 953, Landscaping
Maintenance District, 16th Street and Medical Center Drive Area. (12C)
RES. 2010-147 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 956, Landscaping
Maintenance District, Carnegie Drive Area. (12D)
RES. 2010-148 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 959, Zone 1 and
Zone 2, Landscaping Maintenance Assessment District, Shandin Hills Area.
(12E)
RES. 2010-149 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 962, Sewer Lift
Station Maintenance District, Pine A venue Area. (12F)
RES. 2010-150 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 963, Sewer Lift
Station Maintenance District, Allen Street Area. (12G)
RES. 2010-151 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 968, Landscaping
Maintenance District, Airport Drive. (1211)
RES. 2010-152 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 974, Landscaping
Maintenance District, Rialto Avenue and Eucalyptus Avenue Area. (121)
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0612112010
RES. 2010-153 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 975, Landscaping
Maintenance District, Pepper Avenue and Mill Street Area. (12J)
RES. 2010-154 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 976, Landscaping
Maintenance District, Pine Avenue and Belmont Avenue Area. (12K)
RES. 2010-155 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 981, Landscaping
Maintenance District, Meridian Avenue and Randall Avenue Area. (l2L)
RES. 2010-156 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 982, Landscaping
Maintenance District, Piedmont Drive Area. (12M)
RES. 2010-157 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 986, Landscaping
Maintenance District, Rialto A venue and Macy Street Area. (12N)
RES. 2010-158 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 989, Sewer Lift
Station and Landscaping Maintenance District, Mill Street and Macy Street
Area. (120)
RES. 2010-159 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 991, Landscaping
Maintenance District, Verdemont Drive and Olive Avenue Area. (12P)
RES. 2010-160 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 993, Landscaping
Maintenance District, Cajon Boulevard and June Street Area. (12Q)
RES. 2010-161 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 997, Landscaping
Maintenance District, Chestnut A venue Area. (12R)
RES. 2010-162 - Resolution of the City of San Bernardino conirrming the
2010/2011 Assessment Roll for Assessment District No. 1001, Landscaping
Maintenance District, Pennsylvania Avenue and Birch Street Area. (12S)
RES. 2010-163 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1002, Landscaping
Maintenance District, "B" Street Area. (12T)
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06/21/2010
RES. 2010-164 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1005, Landscaping
Maintenance District, Cajon Boulevard and Pepper Linden Avenue
(Campus Parkway) Area. (12U)
RES. 2010-165 - Resolution of the City of San Bernardino confrrming the
2010/2011 Assessment Roll for Assessment District No. 1007, Landscaping
Maintenance District, Pepper Avenue and Randall Avenue Area. (12V)
RES. 2010-166 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1012, Landscaping
Maintenance District, Mill Street and Burney Street Area. (12W)
RES. 2010-167 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1016, Landscaping
Maintenance District, Coulston Street Area. (12X)
RES. 2010-168 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1017, Landscaping
Maintenance District, Pine Avenue and Kendall Drive Area. (12Y)
RES. 2010-169 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1018, Northpark
Boulevard and Mountain Drive Acquisition Assessment District. (12Z)
RES. 2010-170 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1019, Landscaping
Maintenance District, Northpark Boulevard and Mountain Drive Area.
(12AA)
RES. 2010-171 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1020, Landscaping
Maintenance District, Mill Street and Dallas Avenue Area. (12BB)
RES. 2010-172 - Resolution of the City of San Bernardino confrrming the
2010/2011 Assessment Roll for Assessment District No. 1022, Zone I, Zone
2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment
District, SBIAA/ Alliance California Area. (12CC)
RES. 2010-173 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1023, Landscaping
Maintenance District, Elm Avenue and Coulston Street Area. (12DD)
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06/21/2010
RES. 2010-174 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1024, Landscaping
Maintenance and Sewer Lift Station District, Inland Center Drive and
Riverwalk Drive Area. (12EE)
RES. 2010-175 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1025, Landscaping
Maintenance District, Palm Avenue and Washington Street Area. (12FF)
RES. 2010-176 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1027, Landscaping
Maintenance District, Waterman Avenue and Washington Street Area.
(12GG)
RES. 2010-177 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1028, Landscaping
Maintenance District, Ohio Avenue and Walnut Avenue Area. (12HH)
RES. 2010-178 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1029, Landscaping
Maintenance District, California Street and 16th Street Area. (1211)
RES. 2010-179 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1030, Landscaping
Maintenance District, Magnolia A venue and Ohio A venue Area. (121J)
RES. 2010-180 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1031, Landscaping
Maintenance District, Irvington A venue and Olive A venue Area. (12KK)
RES. 2010-181 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1032, Landscaping
Maintenance District, Palm Avenue and Verdemont Drive Area. (12LL)
RES. 2010-182 - Resolution of the City of San Bernardino confirming the
2010/2011 Special Tax for certain parcels of real property within
Community Facilities District No. 1033 for a portion of the operation and
maintenance costs of the Verdemont Fire Station. (12MM)
RES. 2010-183 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1035, Zone 1 and
Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road
Area. (12NN)
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06/21/2010
RES. 2010-184 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1036, Landscaping
Maintenance District, Northpark Boulevard and Campus Parkway Area.
(1200)
RES. 2010-185 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1037, Landscaping
Maintenance District, Belmont Avenue and Magnolia Avenue Area. (12PP)
RES. 2010-186 - Resolution of the City of San Bernardino comrrming the
2010/2011 Assessment Roll for Assessment District No. 1038, Landscaping
Maintenance District, Orange Show Road and Arrowhead Avenue Area.
(12QQ)
RES. 2010-187 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1039, Landscaping
Maintenance District, Irvington Avenue and Chestnut Avenue Area. (12RR)
RES. 2010-188 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1040, Landscaping
Maintenance District, Acacia Avenue and Hill Drive Area. (12SS)
RES. 2010-189 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1041, Landscaping
Maintenance District, Magnolia Avenue and Ohio Avenue Area. (12TT)
RES. 2010-190 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1042, Landscaping
Maintenance District, Shandin Hills Drive and Shady Creek Drive Area.
(12UU)
RES. 2010-191 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1043, Zone 1 and
Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington
Avenue Area. (12VV)
RES. 2010-192 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1045, Landscape
Maintenance District, located in the Waterman Avenue and Orange Show
Road Area. (12WW)
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06/21/2010
RES. 2010-193 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1046, Landscape
Maintenance District, Northpark Boulevard and Northstar A venue Area.
(12XX)
RES. 2010-194 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1047, Landscape
Maintenance District, located in the Ohio Avenue and Pine Avenue Area.
(12YY)
RES. 2010-195 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1050, Landscape
Maintenance District, located in the Pepper Avenue and Rialto Avenue
Area. (12ZZ)
RES. 2010-196 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1052, Landscape
Maintenance District, located in the Belmont Avenue and Chestnut Avenue
Area. (12AAA)
RES. 2010-197 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1057, Landscape
Maintenance District, located in the Cajon Boulevard and University
Parkway Area. (12BBB)
RES. 2010-198 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1059, Landscape
Maintenance District, located in the Orange Show Road and Tippecanoe
Avenue Area. (12CCC)
RES. 2010-199 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1063, Landscape
Maintenance District, located in the Central A venue and Lena Road Area.
(12DDD)
RES. 2010-200 - Resolution of the City of San Bernardino confirming the
2010/2011 Assessment Roll for Assessment District No. 1064, Landscape
Maintenance District, located in the Cajon Boulevard and Glen Helen
Parkway Area. (12EEE)
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RES. 2010-203 - Resolution of the City of San Bernardino authorizing and
setting the Special Tax Rate for that certain area generally located North of
Highland Avenue, East of Golden Avenue for Paramedic Services, Special
Tax Area 2006-1, and approving the Fiscal Year 2010/2011 Tax Roll.
(12FFF)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A-FFF be adopted, except
for resolutions B, C, and FFF. The motion carried and Resolution Nos.
2010-146 through 2010-200 were adopted with McCammack absent.
Council Member/Commissioner Kelley stated that he would abstain on l2B
because he owns property within 500 feet of Assessment District No. 952.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett that said resolution B be adopted. The motion
carried and Resolution No. 2010-201 was adopted with Kelley abstaining
and McCammack absent.
Council Member/Commissioner Johnson stated that he would abstain on 12C
because he owns property within 500 feet of Assessment District No. 953 and
12FFF because his wife has a conflict regarding that item.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolutions C and FFF be adopted.
The motion carried and Resolution Nos. 2010-202 and 2010-203 were
adopted with Johnson abstaining and McCammack absent.
13. RES. 2010-142 - Resolution of the City of San Bernardino authorizing
execution of Amendment No. I to Agreement for Services with Hilltop
Geotechnical, Inc. for geotechnical investigations and construction material
testing.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-142 was adopted with McCammack absent.
14. RES. 2010-143 - Resolution of the City of San Bernardino authorizing
execution of Amendment No. I to agreement for services with Joseph E.
Bonadiman & Associates, Inc. for on-call surveying and map checking
support.
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06/21/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-143 was adopted with McCammack absent.
15. Reject all bids for Parking Lot Accessibility Improvements at the Carousel
Mall (SS-B), per Project Plan No. 12699
Prior to voting on the Consent Calendar, City Clerk Clark announced that the
recommended motion should be to reject all bids, rather than a continuation to
July 6,2010, as indicated on the agenda.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the Mayor and Common Council reject all
bids. The motion carried with McCammack absent.
16. Reject all bids for Traffic Calming on 4th Street from Flower Street to
Tiajuana Street (SS06-03), per Project Plan No. 12677
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the Mayor and Council reject all bids.
The motion carried with McCammack absent.
17. RES. 2010-204 - 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 Riverside Construction Company, Inc. for the
replacement and upgrade of the cooling tower at the Feldheym Library.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized to
amend the FY 2009/2010 budget by transferring $49,100 from Account No.
001-325-5111 to Account No. 001-325-5507; and that said resolution be
adopted. The motion carried and Resolution No. 2010-204 was adopted with
McCammack absent.
18. RES. 2010-144 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and the
issuance of a purchase order to Environmental Systems Research Institute
(ESRI) for a three year ARC GIS Enterprise License Agreement.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-144 was adopted with McCammack absent.
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06/21/2010
19. RES. 2010-145 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the extension of the current purchase order
with TigerDirect through Fiscal Year 2010/2011, allocating $35,000 for
Fiscal Year 2010/2011 and increasing the current Fiscal Year (2009/2010)
allocation by $5,000.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-145 was adopted with McCammack absent.
20. RES. 2010-208 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of an on-line grant application for
the 2010 Assistance to Firefighters Grant Program (AFGP) submitted to the
Department of Homeland Security in the amount of $351,350.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-208 was adopted with McCammack absent.
21. Public Hearing - Resolutions authorizing the execution of Sales and
Purchase Agreements and Quitclaim Deeds - Sale of portions of City
property generally located on the north side of Kendall Drive, east of "H"
Street
RES. 2010-209 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement and the
execution of a Quitclaim Deed for the sale of a city owned parcel of real
property generally located north of Kendall Drive and east of "H" Street, in
the City of San Bernardino, to Geoffrey L. Wood and Tammi R. Wood.
(21A)
RES. 2010-210 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement and the
execution of a Quitclaim Deed for the sale of a city owned parcel of real
property generally located north of Kendall Drive and east of "H" Street, in
the City of San Bernardino, to the Lyndon Allen Farrar Trust, V.A.D. 9-5-
91. (21B)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
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06/21/2010
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolutions A and B, be adopted. The motion carried and Resolution Nos.
2010-209 and 2010-210 were adopted with McCammack absent.
22. Public Heariug - Resolution amending the City of Sau Bernardino
Nondisposal Facility Element (NDFE) to include the Material Recovery
Facility (MRF) operated by Inland Empire Environmental (lEE) located at
1150 South Tippecanoe Avenue
RES. 2010-211 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing amendment to the City Nondisposal Facility
Element (NDFE).
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2010-211 was
adopted with McCammack absent.
23. Norton Space and Aeronautics Academy - Reimbursement Agreement for
waiver/reimbursement of fees (Continued from February 16,2010.)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of July 19, 2010. The motion carried with
McCammack absent.
24. RES. 2010-212 - Resolution of the City of San Bernardino authorizing
execution of a cooperative agreement with the City of Colton for
maintenance of a grade separation on Hunts Lane at the Union Pacific
Railroad (SS04-51). (Continued from June 7,2010.)
Council Member/Commissioner Brinker stated he would abstain because his
primary residence is within 500 feet of the area. He left the Council Chambers
and returned after the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-212 was adopted with Brinker abstaining and McCammack
absent.
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06/21/2010
25. RES. 2010-214 - Resolution of the City of San Bernardino approving
Amendment No. 1 to the Six-Year Capital Improvement Program (2009-
2015) for Measure "I" Local Expenditures. (Continued from June 7,2010.)
NOTE: Both the Mayor and Council Member/Commissioner McCammack
reside within 500 feet of Project No. SS05-12, and the City Attorney resides
within 500 feet of Project No. SS06-71. Therefore, Project Nos. SS05-l2 and
SS06-7I are listed separately on Exhibit B, and two votes were taken on this
item.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted with Exhibit A.
The motion carried and Resolution No. 2010-214 with Exhibit A was
adopted with McCammack absent.
Mayor/Chairman Morris declared a conflict on Exhibit B and left the Council
Chambers, returning after the vote was taken. Both City Attorney Penman and
Council Member McCammack were absent.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted with Exhibit
B. The motion carried and Resolution 2010-214 with Exhibit B was adopted
with McCammack absent.
26. ORD. MC-1328 - An ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Section 19.06.026 (Development Code)
prohibiting the establishment and operation of medical marijuana
dispensaries and other similar uses. FINAL READING (Continued from
June 7,2010.)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance
No. MC-1328 was adopted with McCammack absent.
27. Resolution of the City of San Bernardino authorizing the execution of an
agreement with PMR Progressive LLC to provide collection services of
delinquent accounts for the City of San Bernardino. (Continued from June
7,2010.)
Note: No resolution was distributed with the backup materials.
16
06/21/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Council/
Commission meeting of July 6, 2010. The motion carried with McCammack
absent.
28. Resolution of the City of San Bernardino authorizing the execution of an
agreement with Mercer Health and Benefits LLC to provide broker and
administration services for the City's Healthcare Program. (Continued from
June 7,2010.)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Council/
Commission meeting of July 6, 2010. The motion carried with McCammack
absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson; Senior Assistant City
Attorney Wilson; Economic Development Agency Deputy Executive
Director Gee and Agency Counsel Sabo; City Clerk Clark.
Absent:
Council Member/Commissioner McCarnmack.
R29. RES. CDC/2010-32 - 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 Construction
Contract by and between the Agency and Phillips Construction, Inc., for
the construction of Americans with Disabilities Act ("ADA") Ramps and
Sidewalks Project at various locations citywide (lVDA Redevelopment
Project Area).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
CDC/2010-32 was adopted with McCammack absent.
R30. Homebuyer Assistance Program ("HAP") Quarterly Report - January I,
2010 through March 31, 2010
17
06/21/2010
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that the Community Development Commission
of the City of San Bernardino receive and file the Quarterly Report of the
Homebuyer Assistance Program activities for the Redevelopment Agency of the
City of San Bernardino. The motion carried with McCammack absent.
R31. U.S. Department of Housing and Urban Development Amending and
Refmancing of the 1998-HUD Section 108 Loan (Central City North
Redevelopment Project Area)
RES. 2010-213 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing certain amendments to the
1998 HUD Section 108 loan documents and authorizing the execution of the
contract for implementation of the 1998-HUD Section 108 loan refmancing
for Loan Guarantee Assistance under Section 108 of the Housing and
Community Development Act of 1974, as Amended, 42, U.S.C. ~5308 for
Series HUD 2010-A Certificates (CDBG Section 108 Contract No. B-96-MC-
06-0539) (Central City North Redevelopment Project Area). (R31A)
RES. CDC/2010-33 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing
certain amendments to the 1998 HUD Section 108 loan documents and
authorize the Interim Executive Director of the Redevelopment Agency of
the City of San Bernardino ("Agency") to execute the contract and related
documents for implementation of the 1998-HUD Section 108 loan
refinancing for Loan Guarantee Assistance under Section 108 of the
Housing and Community Development Act of 1974, as Amended, 42,
U.S.C. ~5308 for Series HUD 2010-A Certificates (CDBG Section 108
Contract No. B-96-MC-06-0539) (Central City North Redevelopment
Project Area). (R31B)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A and B be adopted.
Mayor and Common Council Resolution No. 2010-213 and Community
Development Commission Resolution No. CDC/2010-33 were adopted with
McCammack absent.
32. RES. 2010-206 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and the law firm of
Mundell, Odium & Haws in the case of San Bernardino City Professional
Firefighters, Local 891 v. City of San Bernardino, San Bernardino Fire
Department, San Bernardino County Superior Court, Case No. 1007708.
18
06/21/2010
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-206 was adopted with Kelley voting "no" and McCammack
absent.
33. RES. 2010-207 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and the law firm of
Mundell, Odium & Haws in the case of San Bernardino City Professional
Firefighters, Local 891 v. City of San Bernardino, San Bernardino Fire
Department, San Bernardino County Superior Court, Case No. 1007709.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-207 was adopted with Kelley voting "no" and McCammack
absent.
34. RES. 2010-205 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and the law firm of Lewis,
Brisbois, Bisgaard & Smith regarding the claim of Brian Boom.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-205 was adopted with Marquez voting "no" and McCamrnack
absent.
35. Public Comments
Dash Lea and Alexandia Phillips of the LaRouche Political Action Committee
distributed a handout and stated that to save our nation Congress must put in
place the Glass-Steagall standard of separation between the commercial and
investment banks.
Cheryl Brown, San Bernardino, CA, a member of the Bicentennial Committee,
thanked everyone for their support of the San Bernardino's Got Talent event,
giving special thanks to Charmaine Murphy, who brought the idea forward.
She stated that there is a hunger in the community for those kinds of
events/activities that are often found in more up-scale communities.
Debbie Matley, San Bernardino, CA, expressed disappointment that the
revision of the charter had been tabled at the budget meeting and requested that
the matter be reconsidered.
19
06/2112010
Barbara Babcock, San Bernardino, CA, invited everyone to attend the Inland
Conservatory for the Performing Arts presentation of FORHISGLORY to be
held at the California Theatre, 562 West 4'" Street, at 7 p.m., Saturday, June 26,
2010.
36. Adjournment
At 5:02 p.m. the meeting adjourned to 5 p.m., Wednesday, June 23, 2010, in
the Economic Development Agency Boardroom, 201 North "E" Street, San
Bernardino, California, to consider the Fiscal Year 2010/11 City and Economic
Development Agency budgets.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Tuesday, July 6, 2010, in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
By:
RACHEL G. CLARK
/) City Clerk
~CW
Linda E. Hartzel
Deputy City Clerk
20
06/21/2010
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 ADJOURNED REGULAR MEETING
JUNE 30,2010
ECONOMIC DEVELOPMENT AGENCY
BOARDROOM
This is the time and place designated for a joint adjourned regular meeting of the
Mayor and Common Council and Community Development Commission of the City of
San Bernardino from the joint adjourned regular meeting of the Mayor and Common
Council and Community Development Commission held at 5 p.m., Wednesday, June
23, 2010, in the Economic Development Agency Boardroom, 201 North "E" Street,
San Bernardino, California.
The City Clerk has caused to be posted the order of adjournment of said meeting held
on Wednesday, June 23, 2010, and has on file in the office of the City Clerk an
affidavit of said posting together with a copy of said order which was posted at 10:45
a.m., Thursday, June 24,2010, on the City Hall breezeway bulletin board.
The joint adjourned 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 5:11 p.m., Wednesday, June 30, 2010, in the
Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino,
California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCarnmack; City
Attorney Penman, City Manager McNeely, City Clerk Clark.
None.
Absent:
06/30/2010
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Mid-Management
General
Management/Confidential
Fire Safety
Fire Management
Police Management
Police
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
2. RES. 2010-216 - Resolution of the Mayor and Common Council of the City
of San Bernardino setting the 2010 regulatory fee for the sale of fireworks.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that full reading be waived and said resolution
be adopted. The motion carried and Resolution No. 2010-216 was adopted
with Shorett and Johnson voting "no."
2
06/30/2010
3. RES. 2010-217 - Resolution authorizing extension of side letters/resolutions
for the General, Middle Management, Management/Confidential and Fire
Management bargaining units.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commission Brinker, that full reading be waived and said resolution be
adopted; and that the City Manager be authorized to continue a 36-hour reduced
work week and commensurate Friday closure of City Hall through August 31,
2010. The motion carried and Resolution No. 2010-217 was adopted with
McCammack voting "no."
4. Budget workshop and deliberations - Fiscal Year 2010/2011 - City, Capital
Improvement Program, and EDA Budgets
Budget presentations were made by representatives from the following
departments: City Manager, City Clerk, City Treasurer, City Attorney, Mayor,
Common Council, and Economic Development Agency.
4A. Revenue Action Items
1. Authorization to proceed with preparation of necessary documents to
submit City Real Property Transfer Tax for voter approval and to
secure proposals for consultants for public education and voter
outreach services
2. Authorization to proceed with the formation of a City-wide
Maintenance Assessment District and securing proposals from
consultants for assessment engineering and outreach services
Council Member/Commissioner McCarnmack stated that she would like
something to be done to make the property transfer tax measure easier to
swallow such as exemptions or a rebate.
City Attorney Penman advised that anything regarding a rebate would
have to be on the ballot. He also stated that any materials used to tell the
public about the measure must be strictly educational-not advocacy.
Council Member/Commissioner Brinker expressed reservations about a
property transfer tax measure and a city-wide maintenance assessment
district, stating he was not ready to support either idea. He stated that he
would like to talk about a sales tax -a V2 -cent increase in sales tax to be
used specifically for fire, parks, and libraries.
3
06/30/2010
Council Member/Commissioner Shorett noted that a property tax would
take a 50 percent plus 1 vote to pass. He added that he did not see either
item (4Al or 4A2) passing and he did not support either one.
Mayor Morris stated that property is a special asset that people value
very highly, and you can get into a very difficult conversation with the
constituents on this.
Council Member/Commissioner Desjardins stated that he felt it was
more fair to put the burden on people who have a little bit of money and
own a home rather than sales tax, which will affect absolutely everybody
including those on SSI, etc.
Most of the Council members thought the tax should be borne by the
buyer, not the seller. Ms. McCammack felt that if some exemptions
could be put in place it would have a better possibility of passing-that
they are already paying this tax and this would just be an increase.
City Attorney Penman stated that just because something is in a City
ordinance does not mean it is necessarily legal, and they would want to
research it carefully to make sure it is legal.
Council Member/Commissioner Kelley stated that he could not support
either one.
Cheryl Brown, NAACP, San Bernardino, CA, stated that she agreed
with Council Member/Commissioner McCammack and supported a
property transfer tax measure with a formula or exemptions to help
people out. She did not support an increase to sales tax.
The following individuals spoke in opposition to a property transfer
tax measure:
Ryan Smith, Inland Valley Association of Realtors.
Mary Rodarte, real estate broker, Westminster, CA.
Joe Bonadiman, civil engineer, San Bernardino, CA.
Jeff Stoffel, Century 21 Showcase, suggested enforcing the rules
currently on the books.
Ed Neighbors, realtor, San Bernardino, CA.
Doug Shepherd, realtor, Riverside, CA.
Grace Castro, Apartment Association Greater Inland Empire.
Jose Martinez, realtor, Riverside, CA.
Joe Arnett, San Bernardino, CA.
4 06/30/2010
Council Member/Commissioner Brinker made a motion, seconded by
Council Member/Commissioner Marquez, that staff research a possible
liz-cent increase to the City's sales tax and bring the information back to
the Council at their regular meeting of July 6, 2010. The motion
carried with Kelley and McCammack voting "no."
Council Member/Commissioner McCammack made a motion, seconded
by Council Member/Commissioner Desjardins, that they also attempt to
put a property transfer tax with an exemption on the November 2010
ballot. (The vote was taken following further discussion.)
Mayor/Chairman Morris advised that they have to be laser-like with their
residents-if they have multiple items brought forward it dilutes their
message. He stated they should market their best idea; however, if they
have multiple items they could be seen as greedy and overreaching.
Ms. McCammack stated that she saw it as giving the residents a choice
of two and maybe a chance that one will pass. She feared that if only
one goes forward, it may not pass.
Mayor/Chairman Morris responded that they have to believe that
something makes sense, and he thought the property transfer tax was a
lost cause judging on the comments made by the speakers this evening.
The motion made by Council Member/Commissioner McCammack,
seconded by Council Member/Commissioner Desjardins, failed by the
following vote: Ayes: Desjardins, McCarnmack. Nays: Marquez,
Brinker, Shorett, Kelley, Johnson.
3. Authorization to proceed with a Utility Cost Allocation Study to
explore the feasibility of increasing utility franchise fees
Council Member/Commissioner McCammack made a motion, seconded
by Council Member/Commissioner Brinker, that the City Manager be
authorized to proceed with a Utility Cost Allocation Study. The motion
carried with Desjardins and Kelley voting "no."
Relative to revenue options, Council Member/Commissioner Marquez stated
that she would like to resurrect discussion regarding the privately operated
impound facilities currently being operated in the city and that the matter be
placed on the agenda for the July 6, 2010, meeting of the Mayor and Common
Council.
5
06/30/2010
4B. Presentation of FY 2010/11 Alternative Budget
There was no discussion of this item and no action was taken.
4CI. City of San Bernardino Budget Adoption - FY 2010/11
RES. 2010-221 - Resolution of the Mayor and Common Council approving
and adopting the Final Budget for FY 2010/2011 and directing staff to
prepare budget documentation. (4Cl)
Note: No backup materials were distributed.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that full reading be waived and that
said resolution be adopted. (This budget was identified as the "Vision
Budget. ")
City Attorney Penman stated that he would like the letter he submitted with his
presentation to be included.
Council Member/Commissioner McCammack amended her motion, seconded
by Council Member/Commissioner Brinker, that full reading be waived and that
said resolution be adopted, with the inclusion of the letter from City Attorney
Penman dated June 30, 2010 - Subject: Final Proposed City Attorney Office
Budget for FY 2010/20 II. The motion carried unanimously.
4D. RES. 2010-222 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the Fiscal Year 2010/2011 through 2014/2015
Capital Improvement Program.
Deputy City Attorney Empefio advised that the resolution had three exhibits, A,
B, and C. The first vote would approve the resolution with Exhibit A, which is
the five-year CIP for all projects except the five projects in which four of the
Council members had conflicts of interest.
The second vote would be to adopt the resolution with Exhibit B, and Council
Members Marquez and Desjardins would abstain because they have a real
property interest in the projects listed in Exhibit B.
Last, the Council would vote to adopt the resolution with Exhibit C, and
Council Members Brinker and Johnson would abstain because they have a real
property interest in the projects listed in Exhibit C.
6
06/30/2010
Council Member/Commissioner McCarnrnack made a motion, seconded by
Council Member/Commissioner Brinker, that full reading be waived and that
said resolution be adopted with Exhibit A. Resolution No. 2010-222 with
Exhibit A was adopted unanimously.
Council Members/Commissioners Marquez and Desjardins stated they had a
conflict with the projects listed in Exhibit B and left the Council table, returning
after the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that full reading be waived and that
said resolution be adopted with Exhibit B. Resolution No. 2010-222 with
Exhibit B was adopted with Marquez and Desjardins abstaining.
Council Members/Commissioners Brinker and Johnson stated they had a conflict
with the projects listed in Exhibit C and left the Council table, returning after
the vote was taken.
Council Member/Commissioner McCarnrnack made a motion, seconded by
Council Member/Commissioner Shorett, that full reading be waived and that
said resolution be adopted with Exhibit C. Resolution No. 2010-222 with
Exhibit C was adopted with Brinker and Johnson abstaining.
Council Member/Commissioner McCarnrnack made a motion, seconded by
Council Member/Commissioner Brinker, that the Director of Finance be
authorized to incorporate the completed FY 2010111 Capital Improvement
Program into the final FY 2010/11 budget. The motion carried unanimously.
4E. Economic Development Agency Budget Adoption - Fiscal Year 2010/2011
Following presentation of the EDA budget by Interim Executive Director
Marzullo, the following resolutions were adopted.
Note: Resolutions 4El, 4E2, and 4E3 were not distributed with the backup
materials.
It was noted by staff that Council Member/Commissioner McCarnrnack would
need to abstain from voting on Item 4E5 because she owns property within the
Uptown Redevelopment Project Area, and that Council Membersl
Commissioners Marquez and Desjardins would need to abstain on Item 4E6
because they own property within the Central City Projects Redevelopment
Project Area.
7
06/30/2010
RES. 2010-218 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, authorizing the funding of various City of
San Bernardino fiscal year 2010-2011 public improvement expenditures and
making findings and determinations pursuant to Health & Safety Code
Sections 33445 and 33445.1 as to the benefit to the various redevelopment
project areas for undertaking public improvements in connection with these
various City expenditures. (4El)
RES. 2010-219 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California approving the execution and delivery of an
Agency-City 2010 Loan Agreement and 2010-2011 Note of the City of San
Bernardino ("City") payable to the Redevelopment Agency of the City of
San Bernardino ("Agency") in the principal amount equal to $1,332,925 for
the repayment of the $1,310,000 principal amount of the 2009-2010 Note
payable from the City to the Agency. (4E2)
RES. 2010-220 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California approving a Master Services Agreement for
fiscal year 2010-2011 by and between the Redevelopment Agency of the City
of San Bernardino ("Agency") and the City of San Bernardino ("City") and
authorizing the Agency's payment to the City for the performance of
certain functions by City Departments for the benefit of the Agency. (4E3)
RES. CDC/2010-34 - Resolution of the Community Development
Commission of the City of San Bernardino, California, approving the
Economic Development Agency's budget for the fiscal year 2010-2011 with
any such amendments, changes and modifications that may be specifically
authorized by said Commission, except for those portions of certain budget
lines which are related to the Central City Projects Redevelopment Area
and the Uptown Redevelopment Project Area. (4E4)
RES. CDC/2010-41 - Resolution of the Community Development
Commission of the City of San Bernardino, California, approving the
Economic Development Agency's budget for those portions of certain
budget lines which are related to the Uptown Redevelopment Project Area
for the fiscal year 2010-2011 with any such amendments, changes and
modifications that may be specifically authorized by said Commission. (4E5)
8
06/30/2010
RES. CDC/2010-40 - Resolution of the Community Development
Commission of the City of San Bernardino, California, approving the
Economic Development Agency's budget for those portions of certain
budget lines which are related to the Central City Projects Redevelopment
Project Area for the fIScal year 2010-2011 with any such amendments,
changes and modifications that may be specifically authorized by said
Commission. (4E6)
RES. CDC/2010-35 - Resolution of the Community Development
Commission of the City of San Bernardino, California, authorizing the
funding of various City of San Bernardino fiscal year 2010-2011 public
improvement expenditures and making findings and determinations
pursuant to Health & Safety Code Sections 33445 and 33445.1 as to the
benefit to the various redevelopment project areas for the undertaking of
various public improvements. (4E7)
RES. CDC/2010-36 - Resolution of the Community Development
Commission of the City of San Bernardino, California, approving
amendments to Exhibits "A" and "B", deletion of certain pages and the
addition of other pages to Exhibit "C" of the Personnel Policies and
Procedures for all employees of the City of San Bernardino Economic
Development Agency. (4E8)
RES. CDC/2010-37 - Resolution of the Community Development
Commission of the City of San Bernardino, California, approving the
Economic Development Agency's analysis and determination of the
appropriateness of the planning and administration expenditures of the
Low- and Moderate-Income Housing Fund for the fiscal year 2010-2011
Agency Budget. (4E9)
RES. CDC/2010-38 - Resolution of the Community Development
Commission of the City of San Bernardino approving a Master Services
Agreement for fiscal year 2010-2011 between the Redevelopment Agency of
the City of San Bernardino and the City of San Bernardino authorizing the
Agency's payment to the City for the performance of certain functions by
City Departments for the benefit of the Agency. (4E10)
9
06/30/2010
RES. CDC/2010-39 - Resolution of the Community Development
Commission of the City of San Bernardino approving the execution and
delivery of an Agency-City 2010 Loan Agreement and 2010-2011 Note of the
City of San Bernardino ("City") payable to the Redevelopment Agency of
the City of San Bernardino ("Agency") in the principal amount equal to
$1,332,925 for the repayment of the $1,310,000 principal amount of the
2009-2010 Note from the City to the Agency. (4E11)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that full reading be waived and that
resolutions 4E1 through 4Ell be adopted except for 4E5 and 4E6. The motion
carried and Mayor and Council Resolution Nos. 2010-218, 2010-219, and
2010-220 and Community Development Commission Resolution Nos.
CDC/2010-34 through CDC/2010-39 were adopted with Kelley voting "no."
Council Members/Commissioners Marquez and Desjardins declared a conflict
on Item No. 4E6 because they own property within the Central City Projects
Redevelopment Project Area.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that full reading be waived and that
said resolution 4E6 be adopted. Community Development Commission
Resolution No. CDC/2010-40 was adopted with Kelley voting "no" and
Marquez and Desjardins abstaining.
Council Member/Commissioner McCammack declared a conflict on Item No.
4E5 because she owns property within the Uptown Redevelopment Project
Area.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that full reading be waived and that said
resolution 4E5 be adopted. Community Development Commission Resolution
No. CDC/2010-41 was adopted with Kelley voting "no" and McCammack
abstaining.
5. Reconsider discussion of Charter Measures
Council Member/Commissioner Marquez stated that she had looked at the study
done by Management Partners and had done other research wherein she had
found that no major U. S. city outside of California has an elected city attorney;
therefore, she felt that the City does need a change to its charter regarding some
of its elected officials.
10
06/30/2010
Council Member/Commissioner Marquez made a motion, seconded by Council
Member/Commissioner Brinker, that a proposed charter amendment be placed
on the November 2010 ballot to change the city attorney, city clerk, and city
treasurer positions from elected positions to appointed positions.
Council Member/Commissioner Kelley made a substitute motion, seconded by
Council Member/Commissioner McCanunack, that a proposed charter
amendment be placed on the November 2010 ballot to change the city attorney,
city clerk, city treasurer, and mayor positions from elected positions to
appointed positions. (The vote was taken following further discussion.)
Discussion ensued regarding various forms of government such as those with a
strong mayor or a strong city manager, and the roles of the city attorney, city
clerk, and city treasurer.
City Attorney Penman expressed his thoughts on the matter and his reasons for
believing that the city attorney position should remain an elected position. He
stated that he thought this action was directed at him personally and suggested
that the City Clerk and City Treasurer positions be deleted from the proposed
Charter amendment.
The following individuals spoke in opposition to the proposed charter
change for the positions of city attorney, city clerk, and city treasurer:
Roger Henderson, San Bernardino, CA.
Amelia Lopez, San Bernardino, CA.
Laurie Stalnaker, San Bernardino property owner, who suggested that the
mayor position be part-time and elected for two-year terms.
John Valdivia, San Bernardino, CA.
The following individuals spoke in support of the proposed charter change
for the positions of city attorney, city clerk, and city treasurer:
Cheryl Brown, San Bernardino, CA.
Pastor Ray Turner, member of San Bernardino Charter Reform, who stated he
has never discussed charter changes with the Mayor as mentioned by a previous
speaker.
Joe Arnett, San Bernardino, CA, stated that if the mayor position remains the
same, at the very least they should take away his veto and tie-breaking powers.
The substitute motion made by Council Member/Commissioner Kelley,
seconded by Council Member/Commissioner McCammack failed by the
following vote: Ayes: Desjardins, Kelley, McCamrnack. Nays: Marquez,
Brinker, Shorett, Johnson.
11
06/30/2010
Council Member/Commissioner Desjardins made a substitute motion, seconded
by Council Member/Commissioner Kelley, that the Council consider a charter
amendment to make the mayor position a part -time position, elected for two-
year terms, who would share staff with the City Manager or the Council. The
motion failed by the following vote: Ayes: Desjardins, Kelley,
McCammack. Nays: Marquez, Brinker, Shorett, Johnson.
Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Kelley, that a Charter Reform
Commission be created to discuss the complete charter. The motion failed by
the following vote: Ayes: Desjardins, Kelley, McCammack. Nays:
Marquez, Brinker, Shorett, Johnson.
The original motion made by Council Member/Commissioner Marquez,
seconded by Council Member/Commissioner Brinker, that a proposed charter
amendment be placed on the November 2010 ballot to change the city attorney,
city clerk, and city treasurer positions from elected positions to appointed
positions carried by the following vote: Ayes: Marquez, Brinker, Shorett,
Johnson. Nays: Desjardins, Kelley, McCammack.
City Attorney Penman advised that since this affected his position he would have
to declare a conflict and all documents relative to this measure that would
normally be prepared and/or reviewed by his office would need to be prepared
and reviewed by an outside attorney.
6. Public Comments
Jason Desjardins, speaking from the public podium, stated that the Council
should be cognizant of the fact that the decisions they make affect some of the
residents in the City in ways they may not even be aware of.
36. Adjournment
At 10:26 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., Tuesday, July 6, 2010.
By:
RACHEL G. CLARK
t;;ty Erk
Linda E. Hartzel#4P
Deputy City Clerk
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06/30/2010
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 6,2010
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 1:33 p.m., Tuesday, July 6, 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,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City
Attorney Penman; City Manager McNeely; City Clerk Clark.
I. 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;
Elvia AJ(uilar v. City of San Bernardino, Officer Juan Ochoa and Officer
Andrew Honeycutt - United States District Court, Case No. CV 10-03659
S10 (PLAx);
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07/0612010
Raymond Reyes v. County of San Bernardino & Burnec Waste Industries
- San Bernardino County Superior Court, Case No. CIVDS 916404.
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:
Mid-Management
General
Management/Confidential
Fire Safety
Fire Management
Police Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that one additional case would be discussed in
closed session, as follows:
William H. Schneid, an individual v. City of San Bernardino, a public
corporation and Does I-50 - Superior Court Case No. CIVDS 1009217.
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07/06/2010
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
Council Member/Commissioner McCammack requested a moment of silence III
memory of Robert Adams.
Invocation/Pledge of Allegiance
The invocation was given by Elder Eddie Kelly of the Living Faith Gospel Church.
The pledge of allegiance was led by First Ward Councilwoman Virginia Marquez.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Mayor Morris introduced Milo Victoria, the new CEO/General Manager of
Onmitrans, who provided information on some of their future plans for the area
and thanked the Mayor and Council for their continued support.
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 Brinker, 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
unanimonsly.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, 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: May 3-
5,2010. The motion carried unanimously.
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07/06/2010
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated June 17,
2010, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated July 6, 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. 2010-223 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Master
Services Agreement by and between the Inland Valley Development Agency
and the City of San Bernardino for provision of City services for Fiscal
Year 2010/2011.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-223 was adopted unanimously.
10. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Master Services
Memorandum of Understanding with the Water Department for provision
of City services for Fiscal Year 2010/2011.
Council Member/Commissioner McCannnack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be tabled. The motion
carried unanimously.
lOA. RES. 2010-224 - Resolution of the Mayor and Common Council ratifying
the adoption of Resolution No. 2010-221 approving and adopting the City of
San Bernardino's Final Budget for Fiscal Year 2010-2011; and directing the
establishment of 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 Brinker, that said resolution be adopted. Resolution
No. 2010-224 was adopted unanimously.
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07/06/2010
II. RES. 2010-240 - Resolution of the Mayor and Common Council of the City
of San Bernardino in support of the California Jobs Budget.
Council Member/Conunissioner Kelley made a motion, seconded by Council
Member/Conunissioner Brinker, that said resolution be adopted. Resolution
No. 2010-240 was adopted unanimously.
12. RES. 2010-225 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a grant application for the
Fiscal Year 2010 Metropolitan Medical Response System (MMRS) to the
San Bernardino County Fire Department Office of Emergency Services and
authorize the Fire Department to administer the grant.
Council Member/Conunissioner Johnson made a motion, seconded by Council
Member/Conunissioner Brinker, that said resolution be adopted. Resolution
No. 2010-225 was adopted unanimously.
13. RES. 2010-226 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a grant application for the
Fiscal Year 2010 Homeland Security Grant Program to the San Bernardino
County Fire Department Office of Emergency Services and authorize the
Fire Department to administer the grant.
Council Member/Conunissioner Johnson made a motion, seconded by Council
Member/Conunissioner Brinker, that said resolution be adopted. Resolution
No. 2010-226 was adopted unanimously.
14. RES. 2010-227 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with Lien On
Me, Inc. to provide bill review services for the City's Workers'
Compensation Program.
Council Member/Conunissioner Johnson made a motion, seconded by Council
Member/Conunissioner Brinker, that said resolution be adopted. Resolution
No. 2010-227 was adopted unanimously.
15. RES. 2010-228 - Resolution of the Mayor and Common Council of the City
of San Bernardino executing a Service Agreement with the Counseling
Team International to perform pre-employment psychological evaluations.
Council Member/Conunissioner Johnson made a motion, seconded by Council
Member/Conunissioner Brinker, that said resolution be adopted. Resolution
No. 2010-228 was adopted unanimously.
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07/06/2010
16. RES. 2010-229 - Resolution of the Mayor and Conuuon Council of the City
of San Bernardino authorizing the award of an annual purchase order for
the City's 800 MHz VoicelData Backbone, MDC maintenance, dispatch
console maintenance, and user equipment maintenance with the County of
San Bernardino's 800 MHz Group.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-229 was adopted unanimously.
17. RES. 2010-230 - Resolution of the Mayor and Conuuon Council of the City
of San Bernardino authorizing the award of a purchase order for
maintenance services to Tiburon Inc. of Pleasanton, California.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-230 was adopted unanimously.
18. RES. 2010-231 - Resolution of the Mayor and Conuuon Council of the City
of San Bernardino awarding a contract to Hillcrest Contracting, Inc. for
street improvements and beautification project on Victoria Avenue from
Highland Avenue to 28th Street - Phase II (SS05-25) per Project Plan No.
12321.
Council Member/Commissioner McCammack stated that she would abstain on
this item because San Manuel is funding this project and they are one of her
business clients.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-231 was adopted with McCanuuack abstaining.
19. Item Deleted.
20. RES. 2010-232 - Resolution of the Mayor and Conuuon Council of the City
of San Bernardino authorizing and directing the City Manager to execute a
Lease Agreement between the City of San Bernardino and T-Mobile West
Corporation for the lease of six hundred twenty (620) square feet of City
owued property at Tom Minor Park located on the northeast comer of
Palm A venue and Irvington Avenue for a cellular tower disguised as three
flagpoles and appurtenant facilities (APN 0261-691-48).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted; and that the
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07/06/20 I 0
Director of Finance be authorized to amend the 2010/11 adopted budget by
increasing Revenue Account Number 001-400-4523-0000-0000 by $34,300;
General Government Expenditure Account Number 001-090-5502-0000-0053 by
$6,300; and Parks and Recreation Expenditure Account Number 001-380-5706-
0000-0072 by $7,000. The motion carried and Resolution No. 2010-232 was
adopted unanimously.
Subsequently, it was noted that a speaker slip had been submitted on this item.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Brinker, that Agenda Item No. 20 be
reconsidered. The motion carried unanimously.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted; and that
the Director of Finance be authorized to amend the 2010/11 adopted budget by
increasing Revenue Account Number 001-400-4523-0000-0000 by $34,300;
General Government Expenditure Account Number 001-090-5502-0000-0053 by
$6,300; and Parks and Recreation Expenditure Account Number 001-380-5706-
0000-0072 by $7,000. The motion carried and Resolution No. 2010-232 was
adopted unanimously.
21. RES. 2010-233 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of Pico Avenue between 11th
Street and Base Line Street and reserving utility easements therein.
City Attorney Penman advised that he had declared a conflict because this
vacation is being requested by the school district and his wife is a member of the
school board. He stated that Agency Counsel Sabo had reviewed the resolution.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-233 was adopted unanimously.
22. RES. 2010-234 - Resolution of the City of San Bernardino declaring its
intention to order 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 advised that he had declared a conflict because this
vacation is being requested by the school district and his wife is a member of the
school board. He stated that Agency Counsel Sabo had reviewed the resolution.
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07/06/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-234 was adopted unanimously.
23. RES. 2010-235 - Resolution of the City of San Bernardino approving
Amendment No. 5 to Services Agreement with ICF/Jones & Stokes for
provision of professional environmental services for the design of the Mt.
Vernon Ave. Viaduct over the BNSF Railroad.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-235 was adopted unanimously.
24. RES. 2010-236 - Resolution of the City of San Bernardino amending
Resolution No. 2009-356 authorizing execution of a Cooperative Agreement
with the County of San Bernardino and the City of Highland for
Rehabilitation of Pacific Street, from Perris Hill Park Road to Victoria
Avenue (SS08-28).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-236 was adopted unanimously.
25. RES. 2010-237 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution... designating certain
streets, or portions thereof as through highways..." and establishing a two-
way stop at the intersection of Union Street and Ramona Avenue.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-237 was adopted unanimously.
26. RES. 2010-241 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution... designating certain
streets, or portions thereof as through highways..." and establishing a four-
way stop at the intersection of Marshall Boulevard and Leroy Street.
City Attorney Penman advised that he had declared a conflict because his
residence is within 500 feet of this project and that Agency Counsel Sabo had
reviewed the resolution.
Council Member/Commissioner McCammack made
Council Member/Commissioner Shorett, that said
Resolution No. 2010-241 was adopted unanimously.
a motion, seconded by
resolution be adopted.
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07/06/2010
27. RES. 2010-238 - Resolution of the City of San Bernardino authorizing
execution of Amendment No. 1 to Agreement for Services with
Transportation Engineering & Planning, Inc. for on-call traffic engineering
services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-238 was adopted unanimously.
28. RES. 2010-239 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of two project applications for
FY 2010 Safe Routes to School (SR2S) Program funding.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-239 was adopted unanimously.
29. RES. 2010-242 - Resolution of the City of San Bernardino authorizing the
execution of an agreement with PMR Progressive LLC to provide collection
services of delinquent accounts for the City of San Bernardino. (Continued
from July 21,2010.)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted; and
that the agreement take effect on September 2, 2010. The motion carried and
Resolution No. 2010-242 was adopted unanimously.
30. Resolution of the City of San Bernardino authorizing the execution of an
agreement with Mercer Health and Benefits LLC to provide broker and
administration services for the City's Healthcare Program. (Continued from
June 21,2010.)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be tabled. The motion
carried unanimously.
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07/06/2010
31. Authorization for the Human Resources Department to proceed with the
reduction of the Fire Department's stafr-mg levels
Council Members/Commissioners McCammack and Kelley expressed concern
that there was nothing to guarantee that after the grant funds are depleted in two
years, that it would be possible to get the positions back.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Robert Jenkins, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the Human Resources Department be
authorized to reduce the Fire Department's staffing levels. The motion carried
with Desjardins, Kelley and McCammack voting "no."
32. Legislative Review Committee pending items
Public Comments:
Joe Ortiz, San Bernardino, CA.
City Attorney Penman stated that relative to the issue of not violating the Brown
Act, the attorney general has indicated that if an item goes to committee and
comes back and is discussed, that wipes the slate clean and you start all over.
To make sure of that, he stated that he would briefly discuss each of the four
items so that the City would be in compliance with the law.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the following pending items be referred
back to the Legislative Review Committee: a) ordinance amending Chapter
9.04 of the Municipal Code relating to improper use of City insignia; b) review
of Chapter 3.04 of the Municipal Code regarding purchasing system; c)
discussion of Section 2.17 of the Municipal Code regarding boards, bureaus and
commissions; and d) discuss and take possible action regarding the naming of
public facilities. The motion carried unanimously.
33. Discuss and take possible action concerning the implementation of a 'I.-cent
Local Transactions and Use Tax (Continued from June 30, 2010.)
Public Comments:
Joe Ortiz, San Bernardino, CA.
Robert Jenkins, San Bernardino, CA.
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07/06/2010
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the City Manager's Office be authorized
to proceed with the Local Transaction and Use Tax process including securing
proposals from consultants for public education, voter outreach, and the
preparation of documents necessary for the placement of a ballot measure on the
November 2010 Statewide Consolidated Election. The motion carried with
Desjardins, Kelley, and McCammack voting "no."
34. Discuss and take possible action regarding a Police Operated Impound
Facility (Continued from June 30,2010.)
Council Member/Commissioner Desjardins declared a conflict, stating that he
owned a towing company that has a contract with the Police Department. He
left the Council Chambers and returned after the vote was taken.
City Attorney Penman declared a conflict, explaining that his wife is president
of the Chamber of Commerce and the last time this matter came up the Chamber
of Commerce took a position against the City establishing its own impound
facility. He left the Council Chambers, returning after the vote was taken.
Council Member/Commissioner McCammack advised that last time this matter
was brought forward she did have a conflict; however, she did not have a
conflict at the present time.
Public Comments - Oppose: (Unless noted otherwise, all speakers have a San
Bernardino address.)
Roger Henderson, Joe Ortiz, Robert Jenkins, Arturo Figueroa, Juan Loza,
Jerry Lair, Debra Salazar (Rialto, CA), Micheale Hayes, John Vach,
Attorney Mark Feuer (Rialto, CA), Paul Sanborn, John Valdivia, Jim
Gerstenslager.
Public Comments - Support:
San Bernardino Police Officers Rich Lawhead, Travis Walker, Kimberlyn
Hearns; City employee Richard Rodriguez; City Employee Charles
Greenwood, who supports a compromise; Debbi Matley, Barbara Babcock.
Council Member/Commissioner McCammack stated that it costs $400 per car to
tow, and if this program simply recovers costs it is OK-the law allows
recovery of costs, but nothing more. She added that the City is already
collecting a franchise fee of more than $60 per month from every tow company.
Police Chief Kilmer advised that this proposal creates an impound facility run
by the Police Department, and that all other facets of the tow companies'
operations will remain intact. Responding to a question by Council
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07106/2010
Member/Commissioner Kelley, Chief Kilmer stated that it would cost
approximately $175,000-200,000 to create the storage yard.
Council Member/Commissioner Kelley stated that he would like to look at
parking meters for the downtown area, and would like us to be more proactive
and aggressive in enforcing our current laws.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that staff be directed to update the Police
Operated Impound Facility Business Plan dated August 17, 2009. The motion
carried with Desjardins abstaining and Kelley and McCammack voting
"no."
35. Review and approve ballot language for Charter amendment to make City
Clerk, City Treasurer, and City Attorney appointed positions, subject to
review by outside legal counsel
Council Member/Commissioner Marquez made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council approve
ballot language for proposed charter amendment to make the City Clerk, City
Treasurer, and City Attorney appointed positions; and direct the City Clerk to
have outside counsel review ballot language and bring back all necessary
documents to place the measure on the November 2010 ballot. (Vote was taken
following further discussion.)
Council Member/Commissioner Kelley made a substitute motion, seconded by
Council Member/Commissioner McCammack, to include on the ballot all of the
Charter amendment recommendations that Management Partners included in
their study. The motion failed with Marquez, Brinker, Shorett, and
Johnson voting "no."
Council Member/Commissioner McCammack noted that when the voters passed
the last Charter amendment it was in November 2004 and took effect in March
2006. She stated that this document calls for it to take effect next year; and she
asked that the effective date be extended to the end of the three officials' terms,
which would be March 2012.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Paul Sanborn, San Bernardino, CA.
Robert Jenkins, San Bernardino, CA.
John Valdivia, San Bernardino, CA.
Warner Hodgdon, San Bernardino, CA.
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07/06/2010
City Attorney Penman stated that he was conflicting off insofar as any official
duties relative to this matter; however, he was concerned about the position the
City Clerk is being put in. He encouraged the Mayor and Council to have the
City Manager obtain outside counsel to review the ballot language, etc.
The original motion made by Council Member/Commissioner Marquez,
seconded by Council Member/Commissioner Brinker, that the Mayor and
Common Council approve ballot language for proposed charter amendment to
make the City Clerk, City Treasurer, and City Attorney appointed positions;
and direct the City Clerk to have outside counsel review ballot language and
bring back all necessary documents to place the measure on the November 2010
ballot carried with Desjardins, Kelley, and McCammack voting "no."
36. Authorization to retain outside legal counsel for preparation of documents
necessary to place a charter amendment measure on the November 2010
ballot
Council Member/Commissioner McCanunack stated that she would like the City
Manager to retain legal counsel rather than the City Clerk, as shown in the
suggested motion.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the City Manager be authorized to
retain outside legal counsel for the preparation of documents required to place a
ballot measure on the November 2, 2010 ballot pertaining to a charter
amendment to change the offices of City Attorney, City Clerk, and City
Treasurer from elected offices to appointed offices. The motion carried with
Desjardins and Kelley voting "no."
It was subsequently noted that a speaker's request had been submitted on this
item.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that Agenda Item No. 36 be
reconsidered. The motion carried with Marquez voting "no."
Public Comments:
Joe Ortiz, San Bernardino, CA.
Prior to taking a final vote on the matter, Ms. McCanunack stated that in
addition to the City Manager being the person authorized to retain outside legal
counsel, she felt the other duties normally performed by the City Clerk in this
matter should be handled by someone other than the City Clerk.
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07106/2010
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that the City Manager be authorized to
retain outside legal counsel for the preparation of documents required to place a
ballot measure on the November 2, 2010 ballot pertaining to a charter
amendment to change the offices of City Attorney, City Clerk, and City
Treasurer from elected offices to appointed offices; and that all duties normally
performed by the City Clerk relative to this matter be performed by the County
Registrar of Voters. The motion carried with Kelley voting "no."
37. Public Comments
Malikeya Zawadi, San Bernardino, CA, spoke regarding a complaint she filed
against two San Bernardino police officers.
Joe Ortiz, San Bernardino, CA, commended the 2nd, 5th, and 7th Ward Council
members, stating that those who really pay attention to the City applaud them.
He also thanked the City Attorney, City Clerk, and City Treasurer on a job well
done.
Robert Jenkins, San Bernardino, CA, referring to a comment made during the
discussion of Agenda Item No. 34 regarding the lack of professionalism by
some of the tow operators and their employees, related examples of other
incidents of unprofessional behavior by fire and police personnel, stating that it
can be found even among civil service employees.
James Smith, San Bernardino, CA, complimented the Mayor and Council,
stating that the Code of Conduct had won out tonight; commented on the
successful Bicentennial Extravaganza and Fireworks event; and announced that
the Western Regional Little League Tournament opening ceremonies would be
held on August 6, 2010.
38. Adjournment.
At 6:40 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, July 19, 2010.
By:
RACHEL G. CLARK
t:ity Clerk
\.' ?~
Linda E. Hartzel
Deputy City Clerk
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