Loading...
HomeMy WebLinkAbout09-20-2010 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MA YOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 20,2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and the Joint Powers Financing Authority of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:35 p.m., Monday, September 20, 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, McCarnmack; City Attorney Penman, City Manager McNeely, City Clerk Clark. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). 09120/2010 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 (Deemed Approved Ordinance) 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 Various Tow Franchise Companies v. City of San Bernardino D. Closed Session - personnel - pursuant to Government Code Section 54957: Parks Maintenance Worker III E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Fire Safety General Police Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: The Agency-owned former CinemaStar Theater 4th and "E" Streets, San Bernardino 2 0912012010 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and authorized representatives of Regal Entertainment, United Entertainment Company, Atlas Bros./Cinema West and Brenden Theater. Under Negotiation: Lease or purchase pnce, terms and conditions. City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item No. lA, Existing Litigation: Human Potential Consultants, LLC v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVDS 917268; and Agenda Item No. 28 regarding the Emergency Shelter Overlay District Ordinance. Under Agenda Item No. 1B, Significant Exposure to Litigation: Agenda Item No. 10. Closed Session Public Comment Robert Ring, attorney for Wilson's Towing, Danny's Towing, Tri-City, Hayes and City Towing, provided reasons why a City-owned vehicle impound yard would not be a good idea for the City and suggested ways the City could recover more revenue. Closed Session Announcement City Clerk Clark announced that during closed session the Council authorized the City Clerk to make an announcement of the vote taken in closed session on September 14, 2010, regarding the theater, as follows: Council Member Shorett made a motion, seconded by Council Member Marquez, to direct Mr. Marzullo to move forward with negotiations with Regal Entertainment and formally begin discussions on the deal points. The motion carried with Johnson and McCammack voting "no" and Kelley absent. Reading of Resolutions & Ordinances Deputy City Clerk Ochiqui read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and the Joint Powers Financing Authority. 3 09/20/2010 Invocation/Pledge of Allegiance The invocation was given by Pastor David McGlocklin of St. Paul United Methodist Church. The pledge of allegiance was led by Angelica Martinez and Maulik Cady, sixth grade students at Warm Springs Elementary School. 2. Appointments There were no commission appointments. 3. Presentations & Proclamations Council Members/Commissioners Kelley and Desjardins presented a resolution of commendation to Tracy Y ouden, representing the Inland Empire Council of the Boy Scouts of America, on the occasion of their 100th anniversary. Certificates of commendation were presented to several troop leaders in recognition of their dedicated service to the affairs of the community and for the civic pride demonstrated by the numerous deeds for the benefit of the citizens of San Bernardino. Council Member/Commissioner Marquez joined Mayor Morris in presenting certificates of commendation to participants in the Growth, Excellence, and Maturity Program known as GEM. Mayor Morris presented a proclamation designating the week of October 3-9, 2010, as Fire Prevention Week to Fire Chief Michael Conrad and Public Education Officer Manny Sedano. Mr. Sedano announced that the San Bernardino City Fire Department would be celebrating with a pre-fire prevention week event on Saturday, October 2, 2010, at Fire Station No.1, 200 E. 3rd Street, from 10 a.m. to 2 p.m. City Engineer Robert Eisenbeisz presented an update on the 1-215 project. Mayor Morris provided an update on the construction of the new courthouse. 4 09/2012010 The following individuals were presented a service pin award by Mayor/ Chairman Morris in recognition of their many years of dedicated service to the City: Name Melinda McCoy Steven A vila Mary Chartier Cynthia Alvarado Jonathan Plummer Jeffrey Reeves Leonard Romero Susan Salbato Kathryn Thompson Joey Zink Tina Torres Billie Hayes 4. Announcements Department Animal Control Fire Library Parks, Recreation & Community Services Police Police Police Police Police Police Public Works SBETA Years of Service 10 30 35 5 5 5 5 10 10 10 20 10 Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and the Joint Powers Financing Authority, be waived. The motion carried unanimously. 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: August 16, 2010. The motion carried unanimously 5 09/20/2010 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 August 31, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously 8. Personnel Actions Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the personnel actions, as submitted by the Chief Examiner, dated September 16, 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. 2010-321 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. Council Member/Commissioner Brinker abstained as his wife is a member of the Symphony board. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-321 was adopted with Brinker abstaining. 10. ORD. MC-1331 - An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 19.06.030(2)(B) (Development Code) requiring a conditional use permit for new alcoholic beverage sales activities and establishing automatic deemed approved status for legal nonconforming activities and repealing Ordinance No. MC-1323. FINAL READING (Continued from September 7, 2010) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be adopted. Ordinance No. MC-1331 was adopted unanimously. 11. RES. 2010-309 - Resolution of the City of San Bernardino authorizing the City Manager to execute services agreements with Bureau Veritas, CSG Consultants, JAS Pacific, and Willdan Engineering for the provision of professional plan review services. 6 09/20/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the Purchasing Manager be authorized to issue annual purchase orders totaling $355,600 in aggregate, with provisions for three single year renewal options; and that said resolution be adopted. The motion carried and Resolution No. 2010-309 was adopted unanimously. 12. RES. 2010-310 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to apply for and administer the 2010 Environmental Enforcement and Training Grant application to be submitted to the California Environmental Protection Agency. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-310 was adopted unanimously. 13. RES. 2010-311 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the acceptance and administration of the FY 2009 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) grant from the Department of Homeland Security Federal Emergency Management Agency. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-311 was adopted unanimously. 14. RES. 2010-312 - 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 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.) to the Department of Homeland Security Federal Emergency Management Agency. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-312 was adopted unanimously. 15. RES. 2010-313 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a GIS Internal Usage Agreement between the City, EDA and the Water Department regarding the management of the ESRI Enterprise License Agreement specified in Resolution 2010-144. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-313 was adopted unanimously. 7 0912012010 16. RES. 2010-322 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture. Public Comments: Joe Ortiz, San Bernardino, CA; James Smith, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-322 was adopted unanimously. 17. RES. 2010-314 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to accept and implement, if awarded, a Driving Under the Influence (Dill) mini grant from the State of California Office of Traffic Safety in the amount of $50,653.74. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-314 was adopted unanimously. 18. RES. 2010-315 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of an application for the FY 2010 Homeland Security Grant from the State of California Department of Homeland Security in the amount of $88,736 and authorizing the Police Department to accept and administer the grant. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-315 was adopted unanimously. 19. RES. 2010-316 - Resolution of the City of San Bernardino authorizing the purchase of an Equallogic PS6500E Disk Array for the City of San Bernardino Police Department's Surveillance Camera System from Dell Computers Inc., of Round Rock, Texas. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-316 was adopted unanimously. 8 09/20/2010 20. RES. 2010-323 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the application for, and authorizing the Police Department to accept and implement, if awarded, a Seatbelt Enforcement mini grant from the State of California Office of Traffic Safety in the amount of $34,374.24. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-323 was adopted unanimously. 21. RES. 2010-317 - Resolution of the City of San Bernardino authorizing the Police Department to purchase a replacement document imaging system from ECS Imaging Incorporated, of Riverside, California. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-317 was adopted unanimously. 22. RES. 2010-318 - Resolution of the Mayor and Common Council authorizing execution of Amendment No. 3 to the agreement for crossing guard services with Redlands Unified School District for crossing guard position at Victoria Elementary School (Redland Unified School District). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-318 was adopted unanimously. 23. Item deleted. 24. RES. 2010-319 - Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison Company across City Water Department property located southwest of Orange Show Road and W ashington Avenue. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-319 was adopted unanimously. 9 09/20/2010 25. RES. 2010-320 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order with two one-year extensions at the City's option to Star Auto Parts for the purchase of automotive parts and supplies to be utilized by the Public Works Department, Fleet Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-320 was adopted unanimously. 26. RES. 2010-324 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the City of Riverside Office of Emergency Management for the purpose of accepting and administering the 2009 Urban Area Security Initiative (VASI) grant. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2010-324 was adopted with Desjardins absent. 27. Public Hearing - Ordinances and resolutions establishing the Construction and Demolition Recycling Program and related fees and charges and establishing the roll-off bin definition and regulations of self-haul (Continued from September 7,2010) RES. 2010-325 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, establishing the Construction and Demolition Recycling Programs parameters. (27 A) RES. 2010-326 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Master Fee Resolution 2009-122 in order to add the Construction and Demolition ordinance (C&D) program and fees. (27B) An ordinance of the City of San Bernardino, California, adding Chapter 8.24.5 to Title 8 of the Municipal Code to establish the Construction and Demolition Waste Recycling Program. FIRST READING (27C) An ordinance of the City of San Bernardino amending the definition of "roll- off bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. FIRST READING (27D) An ordinance of the City of San Bernardino amending Chapter 8.24 to add Section 8.24.285 Self-Haul. FIRST READING (27E) 10 09/2012010 Mayor/Chairman Morris opened the hearing. Randy Kuettle, Interim Director of Public Works, stated that the City Council had expressed concerns that there were restrictions on local businesses hauling construction and demolition debris within the City and they instructed staff to go to the Legislative Review Committee and review this issue. Staff met with the committee and they came up with some agreements within the framework of hauling materials in a construction and demolition ordinance that would allow local contractors to do that hauling. Also, staff addressed the current roll-off bin hauling issue that they originally brought before the Council. Staff then met with local contractors and developers and received comments, implemented those comments, and brought forth a self-haul provision that was approved by the local contractors that would work within the framework of how they do their construction projects. Staff also met with the Community Development Department to implement the recommendations through the permitting process for construction and demolition permits and they simplified the process to make it business friendly. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that said resolutions A and B, be adopted; and that said ordinances C - E, be laid over for final adoption. The motion carried and Resolution Nos. 2010-325 and 2010- 326 were adopted unanimously. 28. Public Hearing - An ordinance establishing the Emergency Shelter Overlay District and designating applicable areas (Development Code Amendment No. 10-06) An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. FIRST READING Mayor/Chairman Morris opened the hearing. Council Member/Commissioner Desjardins asked if the City would be in line with the majority of the cities in the County if they did not adopt an ordinance. Terri Rahhal, City Planner, stated that it is required throughout the State for each city to provide a means for an emergency shelter to be approved without a conditional use permit and designate certain areas where it can be done. She 11 09/20/2010 stated that it is one of the requirements that has to be met in order to get the City's Housing Element certified, which they are still working on, and this is the strategy that was approved by this Council in October 2008. Council Member/Commissioner Desjardins asked if the ordinance could be modified to allow emergency shelters to be located in heavy industrial areas only and prevent them from being located in residential areas. He stated that the persons who usually use these shelters also frequent the recycling centers, so if they could put them close together there would be less traveling on foot and less traveling through our neighborhoods in the middle of the night, which would result in fewer cases of vandalism and burglaries. Terri Rahhal stated that that was something that could be considered. She brought to the Council's attention the fact that one of the components of this district is a set of standards for establishing these shelters that limit the size and the capacity of the shelters and provide for management requirements and some other standards that would be applied. In terms of location, the areas that have been designated in the past were selected partly based on services that would be nearby including transit service and some other criteria that are normally employed in selecting a site for a homeless shelter. Council Member/Commissioner Desjardins asked if there was any restrictive zoning on this. Terri Rahhal stated that the purpose of this zone would be to create areas with specific standards where a shelter could be established without a conditional use permit. Council Member/Commissioner Desjardins stated that he didn't want to have these types of facilities in his neighborhood, and he didn't think they should be located near schools or parks. City Attorney Penman advised the Council that if they wanted to continue conversation regarding this item, they should do so in closed session. Mayor/Chairman Morris stated that when this matter was discussed initially, there was extensive conversation by the Council; however, Council Members Marquez and Desjardins were not present at that time. He stated that it may be helpful to continue this matter for two weeks to allow them the opportunity to meet with staff to discuss the rationales for these designations. City Attorney Penman stated that the City is currently being sued by a for-profit organization and if we don't have an ordinance like this in place the law allows a 12 09/20/2010 group such as that to locate a shelter anywhere they want, in any neighborhood, and the City would not be able to prevent it. No public comments were received. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission meeting of October 4, 2010. The motion carried with Kelley and McCammack voting "no." 29. Public Hearing - Consider actions implementing the Matrix Report recommendations related to the customer service section of the Integrated Waste Management Division, adopting or amending fees and charges, and authorizing the City of San Bernardino Municipal Water Department to bill, collect and take any necessary legal actions on delinquent refuse accounts RES. 2010-327 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding with the San Bernardino Municipal Water Department for Integrated Waste customer billing and collection services. (29A) Ordinance of the City of San Bernardino amending Municipal Code Section 13.28.010, Collection of delinquent water, rubbish, sewer or other municipal utility charges by adding an effective date of fifty years from the date Article 4 of Chapter 6 of Part 3 of Division 5 of the California Health & Safety Code, Section 5470, et seq. was adopted by the City, adding Municipal Code Section 13.28.025, Notice of Delinquent Utility Accounts and Notice of Pendency and amending Sections 13.28.020, Definition and 13.28.030, Description of parcel receiving services to be filed with City Clerk. FIRST READING (29B) RES. 2010-328 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 2008-433 in order to establish additional fees for the Integrated Waste Management Division (IWM) and authorize the San Bernardino Municipal Water Department to bill, collect and take any necessary actions on IWM delinquent accounts. Mayor/Chairman Morris opened the hearing. Charles McNeely, City Manager, stated that during the budget hearings, the Matrix Consulting Group provided a report which brought forward a series of recommendations in terms of looking at the City's refuse operation and the essence of that report focused on ways to create greater efficiencies and generate revenue. He stated that the Council adopted those recommendations and directed 13 09/20/2010 staff to move forward with the implementation process. One of the recommendations laid out by Matrix dealt with the billing operation and the fact that there are two separate billing operations in the City-a Water operation billing system and a Refuse billing system. Their recommendation was to consolidate the two and, in so doing, they felt the City would generate savings of approximately $500,000. Mr. McNeely stated that just the work that has been done today in terms of this consolidation has generated nearly $100,000 above and beyond what they had anticipated. Randy Kuettle, Interim Director of Public Works, stated that he identified 25 specific recommendations from the Matrix report dealing with customer service, billing and collection operations that they needed to implement. He stated that Water Department staff brought forward a Memorandum of Understanding that helps Refuse with their billing and collection operation. He stated that the Water Department is currently processing 85 percent of all Refuse customers and they will be transferring the remaining 15 percent, which includes all their commercial base customers. He stated that the target date for full implementation is October 1, 2010. As a result of the Council's approval of this item, the Water Department would provide a five-day, 49-hour per week service to respond to any citizen concerns about integrated waste trash collection or their billing issues. This will increase the service level to their customers tremendously. The consolidation would also strengthen the ability to collect delinquent accounts through the Water Department's multi-layered collection approach and the ability to terminate service for non-payment. In the past four weeks the Water Department has initiated a series of phone calls, mailings, cart removals and collection efforts to encourage payment of approximately 460 active accounts, has reduced the list to 208 accounts, and has collected $80,000. He stated that 72 of those customers are on payment plans with additional payments of $90,000 that the City will be receiving in the next 12 months. Council Member/Commissioner McCammack stated that she had a concern with the City terminating trash and water service for non-payment of a bill. City Attorney Penman stated that the City has the legal authority to shut off trash and water service if someone doesn't pay their bill, but it is something they would want to monitor to make sure it doesn't cause a health hazard. He stated that other options include placing a lien on the property or getting a judgment against the owner of the property. Council Member/Commissioner McCammack stated that one of the documents she read talked about writing off bad debt. She stated that she hoped the City did 14 09/20/2010 not write off any bad debt and felt that they should hire a collections agency to take a percentage of that bad debt. Mr. McNeely agreed with Council Member McCarnrnack, stating that they've already brought somebody aboard through Finance. Council Member/Commissioner Kelley stated that they were handing off a service to a body that they as policy makers have absolutely no control over. Those members are appointed by the Mayor and they will be running the collection service for the Water Department. The Water Department requires a security deposit to turn service back on, so if someone couldn't pay their bill for whatever reason, then they would have to corne up with additional money. He asked if they were going to require people to put a security deposit down in order to get their trash picked up again. Mr. McNeely stated that what the Council had before them was a memorandum of understanding which they could cancel at any time if they feel it is not working. Mr. Kuettle stated that if you're a good customer and you run into trouble and don't pay your bill, you will be contacted and given an option to payor to sign up for a payment program. If you refuse and you are given another notice, then you will receive a third notice that your water will be shut off if you don't pay. At that point in time, if the customer doesn't have a deposit on hand and they are a good customer, their water will be shut off and they will be required to corne back, pay the full bill, and if they want to restart their service, they will have to establish a deposit. The deposit they establish will be for three months worth of service and could be applied to their bill at any time during that three-month period. If you fail to pay at that point in time, service will be shut off and the City will incur no bad debt. Mr. Kuettle stated that the Water Department has been applying their rules and policies for a number of years and there have been no issues with those accounts. What they are trying to bring over are the commercial accounts and all the other accounts that are outside the Water district-about 2,000 residential accounts in the Eastern Water District, Lorna Linda Water District and in Muscoy. They will not be able to shut the water off; however, once they get to the point where the renter will not pay, they do have a provision written into the agreement that they can go to the landlord and notice them that they have a delinquent account and then they can proceed with collections with the landlord at that point in time, up to and including placing a lien on the property. The second avenue is that they can go to the Franchise Tax Board and can prevent them from receiving their State refund until they take care of the bill that is owed to the City of San Bernardino. 15 09/20/2010 Council Member/Commissioner Kelley asked if the Water Department was going to hire any of the current customer service reps that are in the trash department now. Mr. Kuettle replied that it was his understanding that the Water Department was not going to add any additional staff. Council Member/Commissioner Kelley asked if Mr. Kuettle could explain how the Water Department was going to handle the "windy day" policy. Mr. Kuettle stated that the Water Department was not going to handle that. He stated that he was planning to bring that item to the Council for discussion. Council Member/Commissioner Kelley stated that he appreciated the fact that Mr. Kuettle was working on it, but it was too late so he could not support the item. He stated that he has a lot of constituents who have concerns with the wind. Council Member/Commissioner McCammack asked if customers are charged an initial fee for a roll-off bin. Mr. Kuettle stated that the charge is $335 to pull the bin and the customer pays a tipping fee at the dock. If the customer does not pay, there will be a charge for the pull and the tonnage. No public comments were received. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Desjardins, that the hearing be closed; that said resolutions A and C be adopted; and that said ordinance B be laid over for final adoption. The motion carried and Resolution Nos. 2010-327 and 2010-328 were adopted with Kelly and McCammack voting "no." 30. RES. 2010-329 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Bus Shelter Agreement with Omnitrans to administer a Passenger Amenities Program at current and future bus stops. (Continued from September 7, 2010) Note: No resolution was distributed with the backup materials. Council Member/Commissioner McCammack abstained as Ornnitrans is a business client. She left the Council Chambers and returned after the vote was taken. 16 09/20/2010 Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-329 was adopted with Kelley voting "no" and McCammack abstaining. 31. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the establishment of a City-owned vehicle impound facility to be operated and maintained by the City of San Bernardino Police Department. (Continued from August 23,2010) Council Member/Commissioner Desjardins abstained as he has a towing contract with the City. He left the Council Chambers and returned after the vote was taken. City Attorney Penman stated that his office has conflicted off the issue of whether or not to establish a police tow yard; however, they are involved in an ancillary issue and that matter could be resolved as early as the first meeting in October. Public Comments: Warner Hodgdon, San Bernardino, CA; Draymond Crawford, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the first meeting in January 2011; and that the City Manager be authorized to move forward with recommendations on cost recovery items as discussed in closed session or any others related to non-franchisee operators. Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner McCammack, to table the item and direct the City Manager to explore cost recovery options. The motion failed by the following vote: Ayes: Shorett, Kelley, McCammack. Nays: Marquez, Brinker, Johnson. Abstentions: Desjardins. The original motion made by Council Member/Commissioner Brinker, seconded by Council Member/Commissioner Shorett, that the matter be continued to the first meeting in January 2011; and that the City Manager be authorized to move forward with recommendations on cost recovery items as discussed in closed session or any others related to non-franchisee operators, resulted in a tie by the following vote: Ayes: Marquez, Brinker, Shorett. Nays: Kelley, Johnson, McCammack. Abstentions: Desjardins. 17 09/20/2010 Mayor/Chairman Morris broke the tie with a "yes" vote, and the motion carried. 32. Community Development Department Process Improvements - Status Report Valerie Ross, Interim Director of Community Development, provided a detailed report of the changes that have been made thus far. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said report be received and filed. The motion carried unanimously. 33. An ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Chapter 5.68 and adopting a new Chapter 8.14 of the San Bernardino Municipal Code regarding yard sales. FIRST READING Note: No ordinance was distributed with the backup materials. Public Comments: Roy Ferguson, San Bernardino, CA; Barbaradee Foote, San Bernardino, CA. Staff requested that the matter be referred to the Legislative Review Committee. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be referred to the Legislative Review Committee. The motion carried unanimously. 34. Support for Clergy Community's right to openly express their differences with the City Council Council Member/Commissioner Johnson stated that Bishop Philip Powell, President of the Inland Empire Concerned African American Churches had an announcement read at the last Council meeting regarding City Attorney James Penman acting as a private citizen bringing Pastor Raymond Turner and others to court because of what they believe in regards to the proposed Charter Amendment Measure C. The Inland Empire Concerned African American Churches does not believe the City Attorney's actions, acting as a private citizen, are the opinions of the Council and would like the City Council to consider passing a motion reflecting that position. 18 09/20/2010 Public Comments: Joe Ortiz, San Bernardino, CA; Bishop Philip R. Powell, President of the Inland Empire Concerned African American Churches; Cheryl Brown, San Bernardino, CA; Amelia Lopez, San Bernardino, CA; Warner Hodgdon, San Bernardino, CA. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the action of the City Attorney to sue Pastor Ray Turner of the Temple Missionary Baptist Church and others thereby denying the citizens and the community to openly express their differences with certain members of the, City Council does not reflect the position of the majority of the City Council. After lengthy discussion, Council Member/Commissioner Brinker removed his second. The motion died for lack of a second. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Wilson, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: None. R35. Joint Public Hearing - Pinewood Mountain Development, LLC - Lease Agreement for a Temporary Bus Transfer Facility (Carousel Mall) (Continued from September 7, 2010) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the execution of a Master Lease Agreement for the redevelopment and reuse of the former JC Penney Tire, Battery and Automotive Center ("TBA") by and between the City of San Bernardino Redevelopment Agency ("Agency") and Pinewood Mountain Development, LLC (Central City Redevelopment Project Area). (R35A) 19 09/20/2010 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute (1) a Master Lease Agreement by and between the Agency and Pinewood Mountain Development, LLC ("Pine Mountain") for the former JC Penney Tire, Battery and Automotive Center Building ("TBA"), (2) a Sub-lease Agreement by and between the Agency and Omnitrans for the use of the JC Penney TBA and (3) a Consent to Interim Lease of Land and Building from/to the current Parties of the Reciprocal Easement Agreement (REA). (R35B) Note: No backup materials were distributed. Staff requested a two-week continuance. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission meeting of October 4,2010. The motion carried unanimously. R36. AmeriNational Community Services, Inc. - Professional Services Agreement - Loan Servicing for defmed portions of the Agency's Federally Funded Neighborhood Stabilization Program ("NSP") RES. CDC/2010-52 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Professional Services Agreement by and between the Agency and AmeriNational Community Services, Inc. for loan servicing of defined portions of the Neighborhood Stabilization Program ("NSP") and other Agency housing programs. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2010-52 was adopted unanimously. R37. Sustainable Communities Planning Grant and Incentives Program Grant Application (Proposition 84 and SB 732) RES. 2010-330 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the form of and ratifying the submittal of the application for grant funds for the Sustainable Communities Planning Grant and Incentives Program (Proposition 84 and SB 732). 20 09/20/2010 Council Member/Commissioner McCammack declared a conflict as this item pertains to the Uptown Redevelopment Area. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-330 was adopted with Kelley voting "no" and McCammack abstaining. R38. CMB Infrastructure Investment Group V, L.P. - Issuance by the Inland Valley Development Agency of an $8,000,000 CMB Infrastructure Investment Group Revenue Bond for the benefit of the Redevelopment Agency of the City of San Bernardino RES. CDC/2010-53 - Resolution of the Community Development Commission of the City of San Bernardino authorizing that certain Loan Agreement and that certain Cooperation Agreement with the Inland Valley Development Agency in connection with the issuance of the Inland Valley Development Agency Revenue Bond, Series 2010 (CMB Infrastructure Investment Group V, LP - Agency Projects) and the forms of legal documents related thereto. (R38A) RES. 2010-331 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the borrowing by the Redevelopment Agency of the City of San Bernardino in connection with the issuance of the Inland Valley Development Agency Revenue Bond, Series 2010 (CMB Infrastructure Investment Group V, LP - Agency Projects). (R38B) Council Member/Commissioner Kelley expressed his concerns regarding the infrastructure of University Parkway, State Street and Northpark Blvd. Emil Marzullo, Economic Development Agency Interim Executive Director, stated that regarding the rebuilding of University Parkway, in order to be able to use Agency funds it has to be a bona fide new construction-it cannot be considered maintenance. He stated that they have asked the Community Development Department for any information they may have in terms of a deficiency study that would determine where rebuilds need to be so they could justify that particular expense. He clarified that EDA dollars cannot be used for maintenance of public improvements in redevelopment areas. There are improvements that are substantial rehabilitation, or there is maintenance; so what they have to find out from Engineering is which of those street improvements require a substantial rebuild-not a sea1coat. A sea1coat or a one-inch cap is considered maintenance. 21 09120/2010 Council Member/Commissioner Kelley stated that he was talking about a mill and overlay on University Parkway and Northpark Blvd. Mr. Marzullo indicated that that would be eligible. He stated that he would call Robert Eisenbeisz and request the latest pavement condition analysis they have and a list of the segments they've done in order to start narrowing down which segments would quality for substantial rehabilitation. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolutions A and B, be adopted. Community Development Commission Resolution No. CDC/2010-53 and Mayor and Common Council Resolution No. 2010-331 were adopted with McCammack absent. 39. Program Performance Auditor (U) Council Member/Commissioner McCammack stated that she wanted the public to know that this position was not placed before the City Council. She stated that it is a new position with new requirements, criteria, salary and funding sources and typically it would have come before the Personnel Committee before it went to the full Council, but it did not. She stated that this is a position paying, with benefits, approximately $127,000 to $157,000 per year. She stated that another concern she had was with the remodel of the Mayor and the City Manager's office space and questioned whether the work had been done for less than $25,000. She stated that the committee as a whole had concerns about this position, and they did approve it in concept; however, they did not approve the actual action. She had requested that before anyone was hired the action would come back to the full Council for discussion, but it did not. She stated that evidently the money for that position was in the budget, but the personnel line items were not carefully explained during that budget approval. Mayor/Chairman Morris commented on the movement of the wall in the Mayor's office explaining that when he came into his office there were 11 people on Mayor Valles' staff and currently there are 5 people remaining in the Mayor's office. They have transferred personnel and resources to the City Manager because he now has the daily oversight of the City, and they wanted to reduce any possible duplication of services. He stated that based upon the study that was done by Management Partners, the City Manager is substantially understaffed by way of professional assistance to manage a City of this size, and the transfer of both personnel and space is critically important. City Manager Charles McNeely addressed concerns regarding the auditor position, funding for a grants position, movement and cost of the wall, bringing in student interns, and sharing a receptionist. He stated that he had no problems 22 09/20/2010 with referring the matter back to the Personnel Committee for further discussion about the job description and the salary range. Discussion ensued regarding the auditor position and whether it should be a contract position or a full-time employee. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the matter be referred back to the Personnel Committee. The motion carried unanimously. 40. Public Comments Deb Bunger, San Bernardino, CA, stated that there is a dire need for a stop light/crosswalk at Hillside and Orangewood in order to slow people down and stop the drag racing. Joe Ortiz, San Bernardino, CA, spoke in opposition to Measure C. Judy Castorena, San Bernardino, CA, Senior Companion Program, stated that the citizens of San Bernardino voted to put the City Attorney, City Clerk, and the City Treasurer in office, and she thinks they're doing a great job and are turning the City around. Robert Gastel, San Bernardino, CA, stated that earlier in the meeting he had failed to announce that the "Paws for a Cause" event was going to be held at the Mexico Cafe. He stated that he was glad to see that the tow yard item was postponed because when that item was brought up before, the Chamber made sure the City understood their concerns about going after businesses. He stated that the Chamber of Commerce had been privy to the theater proposal that was submitted by Atlas, and they thought it was a good proposal in that it was business friendly and looked positive for the City. Bill Lemann, San Bernardino, CA, stated he was concerned that the City was about to make a mistake by pouring money into the theater to try to rehabilitate and restore it. He requested that the City look very carefully at any subsidies or requests they may receive. Shirley Harlan, San Bernardino, CA, read a letter she had prepared and sent to the editor of The Sun newspaper in support of Measure C. Warner Hodgdon, San Bernardino, CA, spoke about discrimination at City Hall. He stated that he supported the Mayor, Council members and the other elected officials. He reminded the Mayor that he had an esteemed career of 30 years as 23 09120/2010 Superior Court Judge and at least seven times he ran for office and was re- elected. Jim Smith, San Bernardino, CA, spoke in support of Measure C. 41. Adjournment At 8:48 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, October 4, 2010. RACHEL G. CLARK City Clerk By~<-~/)I A/lI~L Lmda Sutherland Deputy City Clerk 24 09/20/2010