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HomeMy WebLinkAbout12-06-2010 Jt. Reg Mtg 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 DECEMBER 6,2010 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, December 6,2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Shorett, Kelley, Johnson, McCammack; City Attorney Penman, City Manager McNeely; City Clerk Clark. Absent: Council Member/Commissioner Brinker. Council Member/Commissioner Brinker arrived at 3:10 p.m. 1. Closed Session Pursuant to Government Code Section(s): 12/06/2010 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Patrick LeBlanc v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 916657; San Bernardino Professional Firefif!.hters; Brian Crowell and Byron Kuhn v. City of San Bernardino, San Bernardino City Civil Service Board; San Bernardino Fire Department; Fire Chief Michael Conrad - San Bernardino Superior Court, Case No. CIVDS 1012967. 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) James Kemp v. City of San Bernardino and County of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Fire Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 295 Carousel Mall, San Bernardino 2 12/06/2010 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Donald Chae and Min Chae, Managers of PLACO San Bernardino, LLC (Carousel Mall). Under Negotiation: Purchase price, terms and conditions. City Attorney Penman announced that the following additional cases would be discussed in closed session: Landmark American Insurance Co., an Oklahoma corporation v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVDS 1015159; Alicia R. Garcia and Joseph D. Rodriquez v. City of San Bernardino and Doe Officers - United States District Court, Case No. CV 09-04306; People v. Margaret Sherman, et al. - San Bernardino County Superior Court, Case No. CIVDS 917881. Under Agenda Item No. 1B, Anticipated Litigation - Significant Exposure to Litigation: People v. 0 & A Development, LLC; and one case. Closed Session Announcement City Clerk Clark announced that in closed session, under Agenda Item No. 1G, Conference with real property negotiator - pursuant to Government Code Section 54956.8, the Mayor and Common Council heard discussion concerning the Arco am/pm gas station at 5th and Mt. Vernon. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland 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. Musical Presentation The Our Lady of Assumption School Choir performed several holiday songs. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of retired Police Department employees William Corns and Pat Gantes; former Mayor W. R. "Bob" 3 12/06/2010 Holcomb; and Eudora "Dodie" Otterbein, Records Management Specialist in the City Clerk's Office. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo. The pledge of allegiance was led by Imani Davis, a fifth grade student from Burbank Elementary School. 2. Appointments . Don Beard - Historical Preservation Commission - Mayor Morris . Ken Sousa - Police Commission - Council Member Kelley Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the appointment of Don Beard to the Historical Preservation Commission and Ken Sousa to the Police Commission, as requested by Mayor Morris and Council Member Kelley, be approved. The motion carried unanimously. 3. Presentations Council Member/Commissioner Kelley presented Citizen of the Month awards to Jack and Carolyn Dales for their contributions to the community, and especially for maintaining the rose garden at Littlefield Shultis Park. Council Member/Commissioner Kelley made a presentation to Dr. Al Karnig, President of California State University at San Bernardino, recognizing Dr. Karnig and the University on the occasion of its 45th anniversary. Council Member/Commissioner Desjardins recognized San Bernardino High School's Miss Cardinal 2010-2011 second runner up Aracely Gonzalez and Miss Cardinal Stephanie Centeno. Food 4 Less District Manager Jack Breeding, and store manager Alice Trevino presented a check for $10,000 to Police Chief Kilmer to fund the San Bernardino Police Department's 2010 Gun Buyback Program. Lt. Keith Prostler announced that the "Groceries for Guns" event would be held on Saturday, December 18, 2010, from 9 a.m. to 3 p.m. at the Arrowhead Credit Union Stadium, 280 S. "E" Street. Garry Cohoe, Director of Freeway Construction for SANBAG, made a PowerPoint presentation to the Mayor and Council and the community relative to the 1-215 High Occupancy Yehicle (HOY) Gap Closure Project. 4 12/06/2010 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, 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. Item deleted. 7. Claims & Payroll Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated November 18, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated December 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 unanimously. 9. RES. 201O-379A - Resolution of the Mayor and Common Council of the City of San Bernardino approving the retention of Boornazian, Jensen & Garthe to represent the City in the case entitled Landmark American Insurance Company v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1015159. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-379A was adopted unanimously. 5 12/06/2010 10. RES. 2010-380 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election held on the 2nd day of November 2010, declaring the results thereof and setting forth such other matters as are allowed by law. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-380 was adopted unanimously. 11. RES. 2010-381 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the formation of an advisory task force to assist in the preparation of a Sustainability Master Plan for the City of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-381 was adopted unanimously. 12. ORD. MC-1342 - 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. FINAL READING (Continued from November 15, 2010) Public Comments: Andy Balogh, Riverside, CA, stated that the property owners in this neighborhood never received any kind of notice about a public hearing regarding this matter and the majority of them were not in favor of having a homeless shelter in the area, which is at the extreme west border of San Bernardino and Rialto. City Attorney Penman advised that notice was published in the local newspaper. He stated that it would have been virtually impossible to notify every single resident and business within the entire area that is going to be impacted by this decision. Council Member/Commissioner Brinker stated that very few people actually see those notices in the newspaper and he felt the City should have gone one step further because people have a right to know what's going to happen in their neighborhood. He stated that people need to be made aware that this is being mandated by the State. 6 12/06/2010 Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be adopted. The motion failed by the following vote: Ayes: Marquez, Desjardins, Johnson. Nays: Brinker, Shorett, Kelley, McCammack. Council Member/Commissioner McCarnmack made a substitute motion to continue the item to discuss the feasibility of public notification. She also questioned whether the Council could extend the emergency ordinance in order to provide the proper public notification to property owners. City Attorney Penman stated that it was his understanding that the ordinance had already been extended the maximum length of time and that it is currently expired. Council Member/Commissioner McCammack withdrew her motion to continue the matter along with her idea to add additional time to the emergency ordinance. City Attorney Penman advised that the City is presently involved in litigation because it is not in compliance with SB 2. He stated that the court is being asked to issue a mandate and/or preliminary and permanent injunctive relief prohibiting the City from issuing building permits or approving any construction or development except housing units affordable to very low and low income households and from granting zoning changes, variances, or subdivision map proposals as defined in the California Government Code and the Safety Code until a valid General Plan Housing Element is approved, which it cannot do without a designated district for these emergency shelters. Council Member/Commissioner Kelley subsequently changed his vote to "yes," and the original motion made by Council Member/Commissioner Desjardins, seconded by Council Member/Commissioner Marquez carried with Brinker, Shorett and McCammack voting "no." 13. RES. 2010-382 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the Consultant Services Agreement between Atkinson, Andelson, Loya, Ruud and Romo and the City of San Bernardino for labor negotiator services in the Human Resources Department. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-382 was adopted unanimously. 7 12/06/2010 14. ORD. MC-1341 - Ordinance of the City of San Bernardino amending Section 10.52.050 of Chapter 10.52 of the San Bernardino Municipal Code to establish a fifty mile per hour speed limit on Alabama Street between Third Street and the southern city limits approximately 1Iz mile south of 3rd Street. FINAL READING (Continued from November 15, 2010) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1341 was adopted unanimously. 15. RES. 2010-383 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase annual Purchase Order Number 211538 by $29,334.55 for a total purchase order amount of $41,000 to Securitas Security Services USA, Inc. for security guard services at the Feldheym Library. Council Member/Commissioner Marquez stated that she would like to ensure that whoever is hired by this security firm works in partnership with the Police Department. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. 2010-383 was adopted unanimously. 16. An Ordinance of the City of San Bernardino adding Chapter 16.18 to the San Bernardino Municipal Code regarding Unauthorized Signs on Public Property and repealing Section 8.15.130. FIRST READING City Attorney Penman advised that the City's political sign act is out of compliance with the law and recommended that it be referred to the Legislative Review Committee for further discussion. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried with McCammack voting "no." 17. RES. 2010-384 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of two project applications for FY 2010/11 Highway Safety Improvement Program (HSIP) Funding, Cycle 4. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2010-384 was adopted unanimously. 8 12/06/2010 18. Public Hearing - To consider the allocated Citizens' Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund monies for FY 2010- 2011 to supplement front-line law enforcement support services RES. 2010-385 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated Citizens Option for Public Safety (COPS Option) monies for FY 2010-2011 to supplement front-line law enforcement support services. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2010-385 was adopted unanimously. 19. Authorization to proceed - Sale of a portion of City Water Department property generally located northeasterly of Myers Road and west of Martin Ranch Road, and Resolution declaring property surplus, establishing fair market value and setting a public hearing (Continued from November 15, 2010) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of January 24, 2011. The motion carried unanimously. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement for Professional Transportation Modeling Services with Srinivasa S. Bhat. (Continued from November 15, 2010) Note: No resolution was distributed with the backup materials. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of January 10, 2011. The motion carried unanimously. 9 12/06/2010 21. Report from Measure Z Citizen's Oversight Committee on Uses of Measure Z Funds - July 1, 2008 through June 30, 2009 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the report from the Measure Z Citizen's Oversight Committee on Uses of Measure Z Funds - July 1, 2008 through June 30, 2009, be received and filed. The motion carried with Johnson abstaining and Shorett absent. 22. Workshops for City Council A. "Understanding our City's Charter" B. "Understanding the Brown Act" Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Sr. Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. None. Absent: R23. Joint Public Hearing - Merged Area A - 2010 Merged, Amended and Restated Redevelopment Plan and Program EIR (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas). (EIR available at http://www.sbrda.or[.?/edPro;ectMer[.?er.html) (Continued from November 1, 2010) Resolution of the Community Development Commission of the City of San Bernardino certifying the final Program Environmental Impact Report for the Merged, Amended and Restated Redevelopment Plan for the San Bernardino merged Redevelopment Project Area A for the proposed merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas; making findings pursuant to the California Environmental Quality Act, adopting a Mitigation Monitoring and Reporting Program; and adopting a Statement of Overriding Considerations. The hearing remains open. 10 12/06/2010 Staff requested a two-week continuance. No public comments were received. Council Member/Commissioner Desjardins recused himself as he has a business interest in the Central City North Redevelopment Project Area. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the matter be continued to the Council! Commission meeting of December 20, 2010. The motion carried with Kelley voting "no," and Desjardins abstaining. R24. Single-Family Residence Revitalization Program First Quarter Report (July 1, 2010 through September 30, 2010) Council Member/Commissioner McCammack declared a conflict as Neighborhood Housing Services 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 Single-Family Residence Revitalization Program activities (July 1, 2010 through September 30, 2010) for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack abstaining and Desjardins absent. R25. Approval of Resolution of Issuance of the 2010 Joint Powers Financing Authority Taxable Recovery Zone Economic Development Bonds (4th Street Corridor Project) and Tax Allocation Bonds (Northwest Redevelopment Project Area) and the loan of the proceeds thereof to the Redevelopment Agency of the City of San Bernardino (Central City, Central City North, and Northwest Redevelopment Project Areas) RES. 2010-386 - Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 and authorizing the issuance by the San Bernardino Joint Powers Financing Authority of not to exceed $7,068,000 Recovery Zone Economic Development Bonds and $6,000,000 Tax Allocation Bonds and the borrowing by the Redevelopment Agency of the City of San Bernardino of the proceeds thereof in connection with the 4th Street Corridor Project and Northwest Redevelopment Project Area Infrastructure Projects, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R25A) 11 12/06/2010 RES. CDC/2010-63 - Resolution of the Community Development Commission of the City of San Bernardino making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 and authorizing on behalf of the Redevelopment Agency of the City of San Bernardino, the borrowing of funds from the San Bernardino Joint Powers Financing Authority in connection with the issuance of the not to exceed $7,068,000 Recovery Zone Economic Development Bonds and $6,000,000 Tax Allocation Bonds for the 4th Street Corridor Project and for the Northwest Redevelopment Project Area Infrastructure Projects, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R25B) RES. J-56 - Resolution of the San Bernardino Joint Powers Financing Authority authorizing the issuance of taxable Recovery Zone Economic Development Bonds in the amount not to exceed $7,068,000 and Tax Allocation Bonds in the amount not to exceed $6,000,000 for the 4th Street Corridor Project and the Northwest Redevelopment Project Area Infrastructure Projects, approving the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R25C) Economic Development Agency Special Counsel Sabo stated that staff had prepared and distributed to the Mayor and Council a document entitled, "Economic Development Agency, Supplemental Staff Report, Substantiation for Use of Northwest Redevelopment Project Area Tax Increment" that specifically addressed how the core downtown benefits all the other project areas. Council Member/Commissioner Desjardins recused himself due to his nearby business interest in the Central City North Redevelopment Project Area. He left the Council Chambers and returned after the vote was taken. Public Comments: Kimiko Ford, San Bernardino, CA; Curtis Stout, San Bernardino, CA; Dolores Armstead, San Bernardino, CA. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A-C, be adopted. Mayor and Common Council Resolution No. 2010-386, Community Development Commission Resolution No. CDC/201O-63, and Joint Powers Financing Authority Resolution No. J-56 were adopted with Kelley voting "no" and Desjardins and McCammack abstaining. 12 12/06/2010 R26. Lugo Senior Apartments, LLC (Meta Housing Corporation) - Acquisition and Development Loan Agreement for the redevelopment of 119 units of senior housing RES. CDC/2010-64 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Acquisition and Development Residual Receipts Loan Agreement by and between the Agency and Lugo Senior Apartments, LLC (IVDA Redevelopment Project Area - Affordable Senior Citizen Rental Housing Development). Council Member/Commissioner McCammack requested that the reference to the project at 200 E. 30th Street that was submitted by Alliance Property Group be deleted from the staff report. Special Counsel Sabo suggested the following language be added to Page 2 of the staff report: "The project ranking 2nd as submitted by Alliance Property Group was recommended; however, based upon prior Council action, it will not proceed to funding by the Agency. " Public Comments: Shirley Harlan, San Bernardino, CA; Bob D' Amato, San Bernardino, CA; Jim Smith, San Bernardino, CA. Council Member/Commissioner Johnson requested that local subcontractors do the work and stated that he would like to see the process include getting input from the Senior Commission prior to bringing any senior projects to the Council. Discussion ensued regarding the blight and the high number of calls for service at the current apartment complex. Council Member/Commissioner Johnson stated that he would like to see a report showing where the tenants are relocated so he can see how many people actually stay in the City and how many move out of the City. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2010-64 was adopted with Kelley and McCammack voting "no." 13 12/06/2010 R27. Agency Covenant Monitoring Quarterly Status Report for the period ending September 30, 2010 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 Redevelopment Agency of the City of San Bernardino's Covenant Monitoring Quarterly Status Report for the period ending September 30, 2010. The motion carried unanimously. 28. Public Comments Shirley Harlan, San Bernardino, CA, spoke in support of Regal Entertainment and the possibility of a new movie theater in San Bernardino and urged the residents of the City to attend the next Council meeting and show their support. Hans Vandertouw, San Bernardino, CA, compared 2010 violent crime and welfare statistics for the City of San Bernardino with 1995 statistics; compared 2010 drug manufacturing, rape, and prostitution statistics with those from 2008/09; and urged the Council to focus more on bringing new business to the City rather than applying for low income housing grants. Amelia Lopez, San Bernardino, CA, stated that she was encouraged by the fact that the Council may consider policy change or an ordinance to do something about the rave events that are being held in the City. Rose Loya, stated that St. Stephens Church in Muscoy would be having a small party for the poor on December 22, 2010, from 11 a.m. to 4 p.m., and that any donations would be appreciated. 29. Adjournment At 7:26 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1 :30 p.m., Monday, December 20, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~~ J Linda Sutherland Deputy City Clerk 14 12/06/2010