HomeMy WebLinkAbout09-07-2010 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
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION AND
JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 7,2010
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community
Development Commission, and Joint Powers Financing Authority of the City of San
Bernardino was called to order by Mayor/Chairman Morris at 1:36 p.m., Tuesday,
September 7, 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, Shorett, Kelley, Johnson, McCammack; City Attorney
Penman; Assistant City Manager Kurita; City Clerk Clark.
Absent:
Council Member/Commissioner Brinker.
Council Member/Commissioner Brinker arrived at 3:17 p.m.
I. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a).
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..
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 (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
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Fire Safety
General
Mid-Management
Police Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City Redevelopment Project Area
1. Property Address:
385 North "E" Street, Downtown San
Bernardino (formerly the Los Espinos
Mexican Restaurant)
APN: 0134-241-64
Negotiating Parties:
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Merchants Bank of California
as the owner
Under Negotiation:
Purchase price, terms and conditions
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Central City North Redevelopment Project Area
2. Property Address:
The Agency-owned former CinemaStar
Theater
4th and "E" Streets, San Bernardino
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 price, terms and
conditions
City Attorney Penman armounced that the following additional items would be
discussed in closed session:
Under Agenda Item No. lA, Existing Litigation:
Judith Little, et al. v. City of San Bernardino, et al. - U.S. District
Court, Case No. CV-09-06068-SVW(CWx).
Under Agenda Item No. IB, Significant Exposure to Litigation:
Legal Issues on Agenda Item Nos. 18 and 27.
Closed Session - Public Comments
Attorney Bill Lemann stated that he was present on behalf of Dave McCorkle and the
Barketts of Atlas Bros./Cinema West to once again let the Mayor and Council know
that they are prepared to do their due diligence, that they have the ability now to close
the deal, to purchase the facility, to make the renovations to the theatre, and to open the
facility as a major theatre downtown.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council, Community
Development Commission, and San Bernardino Joint Powers Authority.
Moment of Silence
A moment of silence was observed m memory of Hiram Diaz and Sherri Marie
Roberts.
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Invocation/Pledge of Allegiance
The invocation was given by Pastor Sandra Tice of the First Presbyterian Church. The
pledge of allegiance was led by Alissa Cervantes, a fifth grade student at Urbita
Elementary School.
2. Appointments
Alfred G. Perez, Jr. - Animal Control Commission - Council Member
Marquez (2A)
Jane Ann Godager - Animal Control Commission - Council Member
Desjardins (2B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the appointments of Alfred G.
Perez, Jr. and Jane Ann Godager, as requested by Council Members Marquez
and Desjardins, be approved. The motion carried unanimously.
3. Presentations
Wayne Austin and Karen Blanco of the Convention and Visitors Bureau
provided information on the 21" Annual Stater Bros. Route 66 Rendezvous,
which will be held September 16 through 19 in downtown San Bernardino.
Jim Gerstenslager, Director of the Western Region Little League Headquarters,
presented a report on the recent Little League Tournament held in San
Bernardino and the Little League World Series held in Williamsport,
Pennsylvania and told about plans for future renovations and projects at the San
Bernardino Headquarters.
Mitch Alderman, PE, Director of Transit and Rail Programs, San Bernardino
Associated Governments (SANBAG), provided a brief PowerPoint presentation
on the Redlands Passenger Rail Project.
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
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ordinances on the regular agenda of the Mayor and Common Council,
Community Development Commission, and Joint Powers Financing Authority,
be waived. The motion carried unanimously.
6. 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 August 18,
2010, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
7. Personnel Actions
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated September 2, 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 with
McCammack abstaining.
8. RES. 2010-291 - Resolution of the Mayor and Common Council authorizing
the execution of an agreement between the City of San Bernardino and the
San Bernardino Convention and Visitors Bureau dba Route 66 for in-kind
support services for the 21st Annual Stater Bros Route 66 Rendezvous.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-291 was adopted unanimously.
9. RES. 2010-300 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a Side Letter Agreement to Resolution No.
2007-343 with Middle Management Employees Bargaining Unit amending
Article III - Compensation: Section 1 - Wages; Article III - Compensation:
Section 6 - Overtime, Subsections (A) and (C); Article V - Leaves: Section 2
- Holidays, Subsection (E); Article VII - General Provisions: Section 4 -
Term of Memorandum of Understanding; and adding Subsections (A)
through (D) to Article III - Compensation: Section 5 - PERS; adding
Subsection (J) to Article III - Compensation: Section 6 - Overtime; and
adding Section 11 - Merit Increases to Article III, Compensation.
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Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-300 was adopted unanimously.
10. Item deleted
11. RES. 2010-301 - Resolution of the Mayor and Common Council of the City
of San Bernardino canceling the agreement approved November 7, 2005
between the City of San Bernardino and the Blast Soccer Club for use of
soccer fields at Al Guhin Park and authorizing the City Manager to execute
a new agreement between the City of San Bernardino and the Alliance
Futbol Club for a five year term.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-301 was adopted unanimously.
12. RES. 2010-292 - Resolution of the Mayor and Common Council authorizing
the City Manager to execute a contractual agreement between the City of
San Bernardino and the San Bernardino City Unified School District for
shared use of the recreation facilities at the Galaxy Building and Norton
Recreation Center for one year August 1, 2010 through July 31, 2011 with
four optional single year renewals.
City Attorney Penman abstained because his wife is a member of the school
board. He advised that Special Counsel Sabo had reviewed and signed the
resolution.
Council Member/Commissioner McCammack stated she would abstain because
the school district is a business client.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-292 was adopted with McCammack abstaining.
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13. RES. 2010-293 - Resolution of the City of San Bernardino authorizing the
Police Department to join the Information Sharing Initiative known as the
Southern California Law Enforcement Information Exchange (SoCal LInX)
hosted by the U.S. Navy.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-293 was adopted unanimously.
14. RES. 2010-294 - Resolution of the City of San Bernardino authorizing the
City Manager of San Bernardino to execute the Crossing Guards Service
Agreement with the Rialto Unified School District for the operation of the
School Crossing Guard Program at Myers Elementary School and Kelley
Elementary School by the Police Department.
Council Member/Commissioner Brinker stated he would abstain because he is
employed by the Rialto Unified School District.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-294 was adopted with Brinker abstaining.
15. RES. 2010-295 - Resolution by the Mayor and Common Council authorizing
the City Manager to execute Amendment No. 5 to the Services Agreement
with the San Bernardino City Unified School District for the operation of
the School Crossing Guard Program by the Police Department.
City Attorney Penman abstained because his wife is a member of the school
board. He advised that Special Counsel Sabo had reviewed and signed the
resolution.
Council Member/Commissioner McCammack stated she would abstain because
the school district is a business client.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-295 was adopted with McCammack abstaining.
16. RES. 2010-296 - Resolution of the Mayor and Common Council authorizing
execution of Amendment No. 3 to the Agreement for Crossing Guard
Services with All City Management Services for crossing guard position at
Victoria Elementary School (Redlands Unified School District).
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-296 was adopted unanimously.
17. RES. 2010-297 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order in the amount of $80,075 to R. W. Beck, Incorporated
for a Sewer Collection Fee Update and an Integrated Waste Rate Study.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-297 was adopted unanimously.
18. RES. 2010-302 - Resolution of the City of San Bernardino repealing
Resolution No. 2006-247 and Resolution No. 2006-348, and amending
Resolution No. 2009-372 relative to certain island annexations generally
lying north of Pacific Street, east of Valencia Avenue, south of Piedmont
Drive and west of Victoria Avenue.
Public Comments:
Sue Hulse, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-302 was adopted unanimously.
19. Authorization to proceed and approval of Plan No. 12738 - Proposed
vacation of a Public Utility Easement (P.U.E.) generally located between
vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia
Avenue
City Attorney Penman abstained because the San Bernardino City Unified
School District requested the vacation and his wife is a member of the school
board.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the City Engineer and the City Clerk be
authorized to proceed with the proposed vacation of a Public Utility Easement
(P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue,
south of vacated Magnolia Avenue; and that Plan No. 12738 showing the
proposed vacation of a Public Utility Easement (P.U.E.) generally located
between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia
Avenue, be approved. The motion carried unanimously.
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20. RES. 2010-303 - Resolution of the City of San Bernardino approving
Amendment No. 6 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 Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-303 was adopted unanimously.
21. RES. 2010-298 - Resolution of the City of San Bernardino establishing a fair
market value of $2,447,000 and declaring the intention to sell City property
known as the Convention Center, and appurtenant parcel to the west,
generally located west of and adjacent to City Hall, east of "E" Street and
south of Court Street, and to grant an appurtenant easement to the south,
to the Redevelopment Agency of the City of San Bernardino and setting a
public hearing for October 4, 2010, to consider said sale.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the City Engineer be authorized to proceed
with the sale of the Convention Center (formerly known as Exhibit Hall), being
portions of APN 0134-251-51 and 0134-311-37, and the adjacent parcel to the
west, being APN 0134-251-53, generally located on the west side of City Hall,
and granting of an appurtenant easement to the south, to the Redevelopment
Agency; and that said resolution be adopted. The motion carried and
Resolution No. 2010-298 was adopted unanimously.
22. RES. 2010-304 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order in the amount of $140,000 to Zumar Industries,
Incorporated for the purchase of traffic signs.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-304 was adopted unanimously.
23. RES. 2010-299 - 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 (2) one-year extensions at the City's
option to HREM Inc. for the fabrication and repair of refuse truck bodies,
floors and street sweepers to be utilized by the Public Works Department,
Fleet Division.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-299 was adopted unanimously.
24. Item deleted
25. RES. 2010-305 - Resolution of the Mayor and Common Council of the City
of San Bernardino accepting grant notice letters and approving scope of
CIP Projects: Splash Parks, Community Center Upgrades, Irrigation
System Upgrades. Grant funds total $674,614 from the 2002 Resources
Bond Act (Proposition 40) for two programs: the Roberti-Z'berg-Harris
Urban Open Space and Recreation Program and the Per Capita Grant
Program.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2010/2011 CIP Park
Construction Funds budget as outlined in the staff report dated August 23, 2010,
from Kevin Hawkins, Director of Parks, Recreation and Community Services.
The motion carried and Resolution No. 2010-305 was adopted unanimously.
26. Public Hearing - Establish the Construction and Demolition Recycling
Program (C&D) and approve the recommended ordinances
Resolution of the Mayor and Common
Bernardino, California, establishing the
Recycling Program's parameters.
Council of the City of San
Construction and Demolition
(26A)
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 (268)
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 (26C)
An ordinance of the City of San Bernardino amending Chapter 8.24 to add
Section 8.24.285 Self-Haul. FIRST READING (26D)
Note: No backup materials were distributed.
It was noted that staff had requested a continuance of the hearing. The Mayor
asked if there was anyone present who had planned to speak on this item. No
one came forward.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of September 20, 2010. The motion carried
with Johnson absent.
27. Public Hearing - amending San Bernardino Municipal Code Section
19.06.030(2)(B) (Development Code)
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. FIRST READING
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, City Planner, advised that on May 5, 2010, the Council had
adopted an urgency ordinance and modified zoning regulations related to
alcoholic beverage sales activities in the city. The Council then referred this
matter to the Plarming Commission and the Legislative Review Committee for
further review and directed staff to come back to the Council with the regular
ordinance for adoption as an amendment to the City's Development Code.
She stated that the ordinance before the Council was Development Code
Amendment No. 10-04 and contains the provisions of the May 5th urgency
ordinance with several changes; and that all of the revisions to the original
urgency ordinance are shown in the strike-out, underline version as an
attachment to the staff report.
Ms. Ralihal stated that this ordinance is an amendment to the regulations of
activities involving alcoholic beverage sales as contained in Section
19.06.030(2)(B) in the Development Code; and it is called a. deemed approved
ordinance because existing and legally established alcoholic beverage sales
activities are acknowledged in this ordinance as deemed approved activities.
She advised that the Planning Commission took into consideration the urgency
ordinance itself, as well as input from various public health experts, restaurant
and retail business associations, business owners from within the city, and the
Economic Development Agency in its review of the proposed ordinance. The
Planning Commission recommended approval subject to the content changes that
are presented in the staff report.
In summarizing the changes that are being proposed to the original ordinance,
she stated that they center on the issues of which uses would be required to have
a conditional use permit to be approved, which uses would be subject to the
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location criteria in the ordinance that establishes distances from sensitive uses
for alcoholic beverage sales; and also addresses the operational requirements or
standards for the existing deemed approved activity .
She stated that the proposed ordinance would exempt the following uses from
the conditional use permit requirement: Restaurants with on-site alcoholic
beverage service, retail establishments over 10,000 square feet where alcoholic
beverages are not the main business, establishments with applications pending
prior to the effective date of the ordinance, and temporarily licensed activities
for special events.
Also, the following uses, though subject to a conditional use permit, would
potentially be eligible for exemption from location criteria, again based on the
site specific review under the conditional use permit process with input from the
Police Department: Automobile service stations with a convenience store
component, on-site alcoholic beverage sales activities other than sit-down
restaurants, fraternal organizations and veterans organizations, clubs, and
specialty retail establishments that offer unique product lines for a substantial
variety of selection.
With regard to operational requirements for the eXlstmg uses, the deemed
approved activities, the proposed ordinance has been modified so that these
existing businesses would not be limited to specific merchandise or packaging
requirements. Instead, the operating standards for the deemed approved
activities are focused on good management practices that would prevent
nuisances from occurring in the neighborhoods.
Ms. Rahhal noted that the Legislative Review Committee reviewed the proposed
ordinance with the recommendations from the Planning Commission and they
recommended approval with one additional modification-removal of the
provisions that had been in the original ordinance to establish an annual fee to
be collected to fund unfortunate activities.
So the proposed ordinance that is before the Council reflects recommendations
of the Planning Commission, the Legislative Review Committee and the
Council. Staff recommends, after the public hearing is closed, that this
ordinance be laid over for final adoption at the next Council meeting.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
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Andrew Matlock, Institute for Public Strategies, San Bernardino, CA, a non-
profit organization that deals with drug and alcohol abuse prevention, spoke in
support of the ordinance. He stated that this deemed approved ordinance is a
data and research driven solution to alcohol related problems, and although it is
a new type of ordinance, several cities have started to implement it in their
jurisdictions and have seen a significant decrease in the number of alcohol
related police calls for service and a decline in arrests and drunk driving events
since adopting the ordinance. He noted that this ordinance was modeled and
based on one adopted in the City of Oakland that has been upheld by the
California Court of Appeals as being a valid and lawful ordinance in that city.
He stated that given the data that has been collected by Dr. Parker, the City has
a unique opportunity here, because Dr. Parker has agreed to analyze that data so
the City has a pre-ordinance and a post-ordinance set of data that can truly give
the City the results and show the effectiveness of this ordinance.
Amelia Lopez, San Bernardino County Department of Public Health, Alcohol
and Drug Abuse Prevention Program, expressed her support of the ordinance.
She advised that the California Department of Alcohol Beverage Control, the
state agency that regulates the sale of alcohol, currently has a moratorium on
issuing new alcohol licenses in the city of San Bernardino because the city has
more than twice as many alcohol outlets than the population needs. She stated
that the majority of off-sale alcohol establishments in the city of San Bernardino
have a grandfather status, which can be transferred to new owners. This means
they are not affected by the City's conditional use permit and can continue to
operate without restrictions on irresponsible business practices regarding the sale
of alcohol.
Ms. Lopez noted that the deemed approved ordinance would allow the City to
regulate grandfathered alcohol retail establishments that came into existence
before the City implemented its conditional use permit process. This ordinance
gives the City authority over these establishments through the issuance of
deemed approved permits and establishes public nuisance standards that new and
pre-existing retailers must abide by in order to maintain their permit. The
ordinance would also require responsible beverage service training for retailers
to help promote best practices for the responsible sale of alcohol.
She stated that the City has already taken positive steps to prevent problems
related to the density of alcohol outlets in the City with its current policy to limit
certain types of business establishments including new alcohol outlets. The
deemed approved ordinance will help the City to keep operators in compliance
with the law and it would also help to foster safer neighborhoods. The Public
Health Department Alcohol and Drug Abuse Prevention Program is committed
to continued support of the City's efforts to reduce the harm related to alcohol
and drugs.
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Bruce Evans with the law firm of Solomon Salisman and Jameson in Playa del
Ray, CA, who represents many small local businesses, as well as CVS
Pharmacy, 7/11, and Circle K in this matter expressed support of the deemed
approved ordinance with one concern-the training provision that mandates that
all businesses have to have Agency certified training. He stated that training is
a great idea, and may be the most important element in the ordinance, but as the
ordinance is now written he did not think the City could enforce it.
Mr. Evans stated that he is familiar with the training programs used by 7/11 and
CVS-in fact, 7/1I's program was actually developed in conjunction with the
ABC a number of years ago, before the Alcohol Beverage Control (ABC) had
certified training programs in place. He asked that the City tweak the ordinance
and perhaps allow an opt -out provision so that staff can review a business's
training to determine whether it substantially complies with the City's
requirements.
Henry Empeiio, Senior Deputy City Attorney, advised that it states in Section
IV(F) of the proposed ordinance, "That the owners and all employees of the
alcohol beverage sales establishment who are involved in the sale of alcoholic
beverages complete an approved course in "Responsible Beverage Sales" (RBS)
within sixty (60) days of hire for employees hired after the passage of this
ordinance or within 6 months of the passage of this ordinance for existing
employees. To satisfy this requirement, a certified program must meet the
standards of the Alcohol Beverage Control Responsible Beverage Service
Advisory Board or other certifying/licensing body designated by the State of
California. "
Mr. Empeiio stated that this provision was put into the ordinance at the request
of the County, as well as the City Attorney's office, and it is language similar to
conditions in other cities. He stated that he had spoken to Mr. Evans about the
concerns that he has raised, and he (Mr. Empeiio) believes that the City
Attorney's office, as well as the Development Services Department, are willing
to work with the businesses. The concern was providing flexibility and ease of
location for these classes, which are currently provided for free by the State
Department of Alcoholic Beverage Control in the Riverside office; and provided
here in San Bernardino by the County. He stated that he believed the City could
work with the businesses to make these locations available with flexible
scheduling; and if there is interest, work with the businesses regarding pooling
their costs and resources for this program, and perhaps providing some
assistance in defraying the costs, based on the City Council's approval.d
Relative to Mr. Evans' statement that this portion of the ordinance would not be
enforceable, Mr. Empeiio stated that he believed this condition was directly
related to the problem that the City is focusing on, and the reason this ordinance
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related to the problem that the City is focusing on, and the reason this ordinance
is being adopted and is well warranted; and he believes that the City would be
the prevailing party on this matter if the issue was litigated.
Mayor Morris stated that this was perhaps one of the most important parts of the
ordinance. He stated that we do an exceptional job in training personnel who
have the obligation to sell alcoholic beverages to the public in this city, and the
training program emphasizes in remarkably important ways how critical it is that
they do it with responsibility and according to the law. That is why ABC has
set up these courses and that is why we do it here in the City Hall and beyond
the City Hall. He stated that this idea that somehow the stores train their
personnel in a way that is acceptable may be an appropriate argument if we can
see that the course has been certified by ABC, and that is one way we can be
flexible in compliance, but this is a critical part of overseeing the sales of these
substances in our city. The personnel who market them to the community must
do it according to the law.
Responding to a question regarding the frequency and the cost of these training
sessions that are offered by the County, Ms. Lopez stated that they have been
doing the Responsible Beverage Service training for the City for almost two
years with funding from the County Department of Behavioral Health. They
have been holding the classes once a quarter and have already scheduled the
next round for November. The classes are for both on-sale and off-sale. They
have been having the ABC conduct the classes and certify the participants; and
the ABC has encouraged the County to submit its curriculum so that the County
in turn can be certified in order to continue doing the classes. At this point they
are not charging anything from the City or from the retailers that participate.
Mayor/Chairman Morris noted that it may well be that if the curriculum of these
specialty stores is submitted to ABC, those courses all could be certified,
assuming they meet the standards in terms of content.
City Attorney Penman asked Ms. Lopez if after the passing of this ordinance the
demand for people to take these classes increased, would the Health Department
be able to provide those classes and meet that increase.
Ms. Lopez responded that they will continue to work with the City to provide
those classes. She added that the retailers don't have to come to the County's
classes because ABC in Riverside also does those classes and there are private
providers if the retailers want to pay. So, the County is not the only resource,
but they intend to be one major resource; and they would be available for an
increased number of classes.
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Shirley Harlan, San Bernardino, CA, stated she had mixed feelings about the
ordinance, as it prohibits what a business can sell, but it is not equally applied,
as that same beverage is allowed to be sold when we have Route 66. She agreed
that the training is probably the most important part of the ordinance.
Council Member/COinmissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the hearing be closed; and that
said ordinance be laid over for final adoption. The motion carried with
Johnson absent.
28. 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 August 16, 2010.)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack left the Council Chambers,
stating that she would abstain because Omnitrans is a business client.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Council!
Commission meeting of September 20, 2010. The motion carried with
McCammack abstaining.
29. RES. 2010-306 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Finance Agreements with
Southern California Edison Company for financing energy efficiency
projects at various City buildings. (Continued from August 16, 2010.)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted.
Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Kelley, that said resolution be
adopted with the following amendment: On page I, line 16112, after the words,
Southern California Edison, add the words, "limited to those projects on
Attachment 2. "
City Attorney Penman advised that if this change was made then it would be
necessary to delete the sentence on line 221f2 beginning with the words, "New
projects may be added . . . "
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Council Member/Commissioner McCammack amended her substitute motion,
seconded by Council Member/Commissioner Kelley, that said resolution be
adopted with the following amendments: On page 1, line 16'/2, after the words,
Southern California Edison, add the words, "limited to those projects on
Attachment 2"; and delete the sentence on line 22V2 beginning with the words
"New projects may be added . . ." The motion carried and Resolution No.
2010-306 was adopted unanimously.
30. Item deleted
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 Special Counsel Sabo; City Clerk Clark.
R31. Homebuyer Assistance Program ("HAP") Fourth Quarter (April 1, 2010
through June 30, 2010) and Annual Report (July 1, 2009 through June 30,
2010)
Council Member/Commissioner McCammack stated that she would abstain
because Neighborhood Housing Services of the Inland Empire (NHSIE) is a
business client. She left the Council chambers and returned after the vote was
taken.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the Community Development Commission
of the City of San Bernardino receive and file the Quarterly and Annual Update
Report of the Homebuyer Assistance Program activities for the Redevelopment
Agency of the City of San Bernardino. The motion carried with McCammack
abstaining.
R32. Single-Family Residence Revitalization Program Fourth Quarter (April 1,
2010 through June 30, 2010) and Annual Report (July 1, 2009 through June
30, 2010)
Council Member/Commissioner McCammack stated that she would abstain
because Neighborhood Housing Services of the Inland Empire (NHSIE) is a
business client. She left the Council chambers and returned after the vote was
taken.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the Community Development
Commission of the City of San Bernardino receive and file the Quarterly and
Annual Update Report of the Single-Family Residence Revitalization Program
activities for the Redevelopment Agency of the City of San Bernardino. The
motion carried with McCammack abstaining.
R33. BB Architects - Professional Services Agreement (Central City North
Redevelopment Project Area)
RES. CDC/2010-49 - 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 to execute a Professional Services Agreement with BB
Architects, Inc., for the preparation of an Americans with Disabilities Act
Compliance Survey at 450 North "E" Street, San Bernardino (Central City
North Redevelopment Project Area).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. CDC/2010-49 was adopted unanimously.
R34. The Planning Center - Professional Services Agreement (Transit Oriented
Development District, City of San Bernardino)
RES. CDC/2010-50 - 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 The Planning Center to provide consultant
services for the preparation of a Transit Oriented Development District for
the City of San Bernardino (State College, Uptown, Central City North,
Central City South, Central City/Meadowbrook, Southeast and Tri-City
Redevelopment Project Areas).
Council Member/Commissioner McCammack stated that she would abstain
because she owns property in the Uptown Redevelopment Project Area. She
left the Council chambers and returned after the vote was taken.
Public Comments:
Warner Hodgdon, San Bernardino, CA.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2010-50 was adopted with McCanunack abstaining.
R35. Item deleted
R36. Third Street Project - Cooperative Agreement with the County of San
Bernardino and the Inland Valley Development Agency
RES. 2010-307 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and authorizing the Mayor of the City of San
Bernardino ("City") to execute that certain agreement by and among the
City and the Inland Valley Development Agency ("IVDA"), the County of
San Bernardino ("County") and the Redevelopment Agency of the City of
San Bernardino ("Agency") for the acquisition, development and
rehabilitation of properties in the 3" Street Corridor between Waterman
Avenue and Tippecanoe Avenue in the unincorporated portion of the
County of San Bernardino. (R36A)
RES. CDC/2010-51 - 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 that certain agreement by and among the
Agency and the Inland Valley Development Agency ("IVDA"), the County
of San Bernardino ("Connty") and the City of San Bernardino ("City") for
the acquisition, development and rehabilitation of properties in the 3"
Street Corridor between Waterman Avenue and Tippecanoe Avenue in the
unincorporated portion of the County of San Bernardino. (R36B)
Senior Assistant City Attorney Wilson stated that the City Attorney's office has
no opposition to this project, but in reviewing it for this session a long-term
concern developed regarding a low and mod fund, especially with respect to
monies that were committed in the past to uses that did not result directly in the
production of new housing-that includes the monies that were applied to
Arden-Guthrie, the monies that were applied toward the "F" Street freeway
corridor for the removal of a lot of old businesses and so forth in that area, and
the old or new application of the monies for the purchase of the Bice property in
the 90s. The importance of this is that these monies were received as low-mod
monies from the IVDA and otherwise low-mod monies from the Economic
Development Agency, and these monies have to, at some point, be accounted
for as new low and mod housing. He stated that it amounted to approximately
$25 million that's going to ultimately have to be accounted for. At this point,
they are encouraging the Agency, as they go forward with the development of
their low and mod strategy, to take into account that the piper probably has to
be paid.
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Council Member/Commissioner McCammack stated she had been looking
through the staff report for the replacement housing plan. She noted that if they
don't replace a low- or moderate-income housing unit within the area where the
housing was taken down, they have to replace it two for one in another area of
town and she did not see a plan to that effect. She asked at what point they
were going to talk about where they were going to put the housing, and if they
were not going to talk about it, they probably shouldn't accept the money.
Mr. Marzullo stated that these questions would be answered through the study.
He added that they have not identified locations for housing because they don't
have a plan to take any housing out yet; however, with this plan he believes it
will show that some of the existing housing stock should be relocated to another
place.
Council Member/Commissioner McCammack stated that the Council needs to
have a report as to how many low-mod units have been taken down and how
many they have to replace with the money that was used to take them down.
She requested a report that would show this information up to the present time.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2010-307 and Community
Development Commission Resolution No. CDC/2010-51 were adopted
unanimously.
R37. TEFRA Public Hearing - Tax and Equity Fiscal Responsibility Act
(TEFRA) Public Hearing for the issuance of Recovery Zone Facility Bonds
by the San Bernardino Joint Powers Financing Authority for the benefit of
the City of San Bernardino Redevelopment Agency
RES. 2010-308 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the issuance of Recovery Zone Facility Bonds
by the San Bernardino Joint Powers Financing Authority for the benefit of
the Redevelopment Agency of the City of San Bernardino.
Mayor/Chairman Morris opened the hearing.
Emil Marzullo, Interim Executive Director, Economic Development Agency,
stated that the Tax and Equity Fiscal Responsibility Act (TEFRA) requires any
public agency intending to issue bonds to go through a TEFRA hearing to state
that intent and to notify other local agencies of its intent. He stated that the
Agency does not yet have a project(s) identified; however, under the Recovery
Act they have until the end of this calendar year (December 31, 2010) to issue
the economic development bonds and the facility bonds if they intend to do that.
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09/07/2010
In essence, by holding the TEFRA hearing they are keeping their place in line-
they are keeping the procedural actions in line-so that if they do find an
appropriate project(s) they will have all their ducks in a row, their TEFRA
hearing will have been accomplished, and they can then move to bond issuance.
He stated that it may be that they don't fmd a project(s) and this is for naught,
but if they don't follow this process they will lose the opportunity if a project(s)
does become available that is suitable for these funding sources.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
Warner Hodgdon, San Bernardino, CA, expressed his support and
complimented Mr. Marzullo and Agency Counsel Sabo on this particular action,
stating that it shows forward thinking and real wisdom.
Council Member/Commissioner McCammack pointed out that if they do issue
these bonds, there are bond disclosure documents required. She asked Mr.
Marzullo when he could foresee this happening.
Mr. Marzullo answered that the bond disclosure documents come when they
have a project, and there are initial disclosures and continuing disclosures after
you issue bonds. Initial disclosure comes with the issuance of the bond
documents. If they were to find a project(s), everything that the Council would
want to see in terms of full disclosure comes at the date and time of that
hearing. However, since there is no project, there is no disclosure yet.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted. Resolution No. 2010-308 was adopted unanimously.
R38. Joint Public Hearing - Pinewood Mountain Development, LLC - Lease
Agreement for a Temporary Bus Transfer Facility (Carousel Mall)
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). (R38A)
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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). (R38B)
Note: No backup materials were submitted.
Mayor/Chairman Morris advised that staff had requested a continuance of this
matter to September 20.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the hearing be continued to the
Council/Commission meeting of September 20, 2010. The motion carried
unanimously.
39. Public Comments
Joe Ortiz, San Bernardino, CA. spoke in opposition to Measure C.
Jeulean McGinnis Palidor, San Bernardino, CA, expressed concern regarding
the bickering and fighting at the Council meetings and congratulated Mayor
Morris on his decorum when he is being disrespected and attacked.
James Geasland, San Bernardino, CA, voiced complaints against the City
Attorney's office for not returning calls and being unresponsive.
Mike Yandell, City employee and president of the General Unit, spoke
regarding the improper imposition of the 10 percent furloughs on the General
Unit employees.
Cheryl Brown, San Bernardino, CA, read a statement from Bishop Phillip
Powell, President of the Inland Empire African American Concerned Churches,
wherein he ascertained that City Attorney Penman was trying to intimidate
Reverend Turner and others supporting Measure C. He asked for a vote of the
Council indicating that they did not share in or support the actions of the City
Attorney.
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09/07/2010
Murlean Stewart, San Bernardino, CA, spoke regarding the business climate in
the area, the deterioration of San Bernardino, and what needs to be done to
improve the look of the city.
Shirley Harlan, San Bernardino, CA, expressed concern about the
announcement process at the beginning of the Council meetings, suggesting that
during that time the mayor and other elected officials refrain from dealing with
issues that can be handled among themselves; and that everyone should speak to
the subject at hand when making public comments.
Ray Miller, a chaplain for the City's Police Department, spoke in opposition to
the proposed cut of 52 police officers from the City's budget. He stated that a
strong police presence is needed in San Bernardino and urged the Council to
rescind its budget vote relative to the Police Department.
Scott Johnson, San Bernardino, CA, representing the Shandin Hills
Neighborhood Association, praised the response time of police and fire
personnel relative to an automobile accident in his neighborhood and also the
timely response of the General Unit employees who came early the next
morning to replace the stop sign and chop down the tree that had been damaged
in the accident.
Warner Hodgdon, San Bernardino, CA, spoke regarding the deficits that have
long been accumulating by the City and stated that he did not agree with
Measure C.
Jim Penman, San Bernardino, CA, stated that he and Renee Affaitati had
challenged the arguments supporting Measure C because they are misleading,
and that Measure C would take away the people's right to vote.
John Valdivia, San Bernardino, CA, stated that he was grateful for the
increased police presence in the Fourth Ward.
James Smith, San Bernardino, CA, expressed support for Measure C.
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33. Adjournment
At 7:26 p.m. the meeting adjourned to 5:30 p.m., Tuesday, September 14,
2010, in the Management Information Center (MIC) Room, 6th Floor, City Hall,
for a special closed session.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, September 20,
2010.
By:
RACHEL G. CLARK
City Clerk
~C~
Linda E. Hartzel
Deputy City Clerk
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