Loading...
HomeMy WebLinkAbout05.E- City Clerk 5.E DOC ID: 1360 A CITY OF SAN BERNARDINO—REQUEST FOR COUNCIL ACTION r.r Council Minutes From: Rachel G. Clark M/CC Meeting Date: 11/07/2011 Prepared by: Mayra Ochiqui, (909) 384-5002 Dept: City Clerk Ward(s): All Subject: Council Minutes Financial Impact: Motion: 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: July 21, 2011 (Distributed November 2, 2011) August 1,2011 (Distributed November 1,2011) August 15,2011 (Distributed November 2, 2011) September 6,2011 (Distributed November 2,2011) Supporting Documents: Council Minutes-07-21-2011 R. Adj. Mtg. (PDF) Council Minutes -08-01-2011 Reg. Meeting(PDF) Council Minutes - 08-15-2011 R. Regular (PDF) Council Minutes-09-06-2011 Reg. Meeting(PDF) Updated: 11/3/2011 by Mayra Ochiqui A Packet Pg. 37 5.E.a In Mayor Patrick J. Morris CITY OF SAN BERNARDINO Co,. it Me.t,ber,: 300 N. "D" Street virginia Maacant vaunt San Bernardino, CA 92418 Tobin Brinker Website. www.sbCity.org Fred Shorett Chas Keiiey Sa6 Bernar Rikke Van Johnson Wendy McCammack sM r MINUTES = MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION c OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING M JULY 21, 2011 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET a SAN BERNARDINO, CA 0 N r This is the time and place designated for a joint adjourned regular meeting of the Mayor N ti and Common Council and Community Development Commission of the City of San p Bernardino from the joint regular meeting of the Mayor and Common Council and In d Community Development Commission held at 1 ;30 p.m., Monday, July 18, 2011, in the Council Chambers of City Hall, 300 N "D" S S B California.North Street, Bernardino, The joint adjourned regular meeting of the Mayor and Common Council and Community = 7 Development Commission of the City of San Bernardino was called to order by V Mayor/Chairman Morris at 5.07 p.m. on July 21, 2011, in the Economic Development _ Agency Boardroom, 201 North "E" Street, San Bernardino, California. E L V Roll Caill Q _ Present. Mayor Morris, Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack, City Attorney Penman, City Manager McNeely, City Clerk Clark. Absent. None. Vacant. Second Ward. Council Member/Commissioner Kelley left at 6.27 p.m. 1. Closod Session 1 07/21/2011 Packet Pg.38 5.E.a Pursuant to Government Code Section(s). A. Conference with legal counsel — existing litigation — pursuant to Government Code Section 54956.9(a). B. Conference with legal counsel — anticipated litigation — significant exposure to litigation — pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel — anticipated litigation — initiation of y litigation — pursuant to subdivision (c) of Government Code Section 54956.9. U D. Closed Session — personnel — pursuant to Government Code Section 54957. 0 M E. Closed session with Chief of Police on matters posing a threat to the !- security of public buildings or threat to the publics right of access to r public services or public facilities — pursuant to Government Code Section 54957. a a F. Conference with labor negotiator — pursuant to Government Code Section V- 54957.6. N N G. Conference with real property negotiator — pursuant to Government Code ti O Section 54956.8. N d The Mayor and Common Council did not recess to closed session during this c meeting. C �p 3 2. IVlayor and Common Council Procedures and Operational Guidelines O U c Mayor/Chairman Morris stated that the purpose of the meeting was to discuss the U Operational Guidelines to be used by the City Council in the future relative to its �I meetings and procedures. I le stated that this was an ongoing conversation that y was initiated back in March of 2010 at the ,,Building a Better Community" retreat Q held that spring wherein discussions began about how to enhance the professionalism, effectiveness and efficiency of the Council as it does the City's business. That conversation was re-engaged this spring, in April, and ultimately this workshop was scheduled for the purpose of looking at possible ways the Mayor and Council could enhance their ability to deliver good decisions to the public in an efficient, civil and professional way. 2 07/21/2011 Packet Pg.39 5.E.a Mayor/Chairman Morris introduced William Mathis, Doctor of Psychology and Management, a graduate of the University of North Dakota, and a published author of a host of articles about the very subjects that they would be discussing �I this evening. I le stated that Dr. Mathis is currently engaged with the Mathis Group in advising 39 cities in the state of California in 12 different counties on the issues of how to do the public's business in a more coherent and intelligent way. /� /� Mayor/Chairman Morris stated that the A City ity Manager had drafted a set of items to be discussed—items that have been suggested over the last year and one-half by Council Members that would allow them to perhaps operate in a more y 7 efficient and professional way. _ Charles McNeely, City Manager, stated that Council Member Marquez had V /� C requested that the April 26, 2011 workshop be scheduled and that the operating l� O guidelines be discussed. I lowever, since they were unable to cover everything, V the direction was that this was to be brought back to the City Council for further O tD M discussion. v 6) Mr. McNeely stated that a list of specific issues discussed at the April 26, 2011 workshop were included as /"attachment A in the backup and, in an effort to assist Q the discussion, they tried to format it in a manner that would allow ease of M reading, but it was virtually the same material and the same issues the Council T T had previously discussed. He added that Dr. Mathis would help facilitate the O N discussion and that staff was available to respond to any questions. T N ti O Mayor/Chairman Morris stated that a flowchart had been prepared by the Assistant City Manager to use as a guide for the discussion. F; C Dr. Mathis asked Council Member Marquez to explain why they were going through this exercise. •_ 7 O V Council Member/Commissioner Marquez stated that she believed the Council as a C T governing body needed to streamline and modernize. They need Bernardino be effective 4) and efficient because they represent the people of the City of San Bernardino and V they conduct the people's business. She stated that her philosophy is to work Y smarter, not harder. Q Dr. Mathis asked what the process of the meeting was going to be. Mayor/Chairman Morris stated that they had a flowchart of items the Council Members had indicated they wanted to discuss. Identified on the flowchart was the item, the current practice relative to that item, the recommended change, and the proposed motion, and he suggested that they follow that format. 3 07/21/2011 Packet Pg.40 S.E.a Council Member/Commissioner McCammack advised that the motion on the agenda was to review and discuss the procedures and operating guidelines, and direct staff accordingly, which prevented them from actually approving anything. City Attorney Penman stated that the Brown Act requires that any item on the agenda be worded sufficiently to give the general public knowledge of what is He intended to happen. I le advised that the Mayor and Council could make a motion to direct staff to do something like come back with a resolution or a document. Dr. Mathis clarified that the intent was to get some kind of consensus, but not a N vote, and then it would come back as a resolution. d 3 C Council member-elect Jenkins was invited to sit at the Council table and participate in the discussion, but was not allowed to vote on any of the issues on = the agenda. =O U The following issues were discussed at length and t1he consensus of tine M Council was as follows. Adocument entitled, „Comments to Recommended Changes to Council Office - Operations" was distributed and submitted into the record by Council Q Member/Commissioner McCammack regarding Issue No. Al . 7 r r Issue Al. Council Office Operations —ns Supervisory function of Council O N - office staff 4 N h O �/ i Consensu f\ s. eep current practice that all seven Council members give U) direction to Council services employees. 1� C Issue B1. Procedural Rules for Meetings of the Mayor and Common Council — Update and specify procedures = 3 O r� r� U Consensu R s. efer the matter to the Legislative Review Committee. E Several pages taken from the Fair Political Practices Commission website _ V R regarding AB 1234 Local Ethics Training raining were distributed and submitted into the record by Council Member/Commissioner McCammack relative to Issue No. B2. Q Issue B2. Procedural Rules for Meetings of the Mayor and Common Council — Limit Council comment speaking time Consensus. Enforce time limitations on speaking per Resolution No. 97-221. Issue Cl. Mayor and Ccrnnnon Council Meeting Process and Order cf Agenda Items — Order of items — presentations 4 07/21/2011 Packet Pg.41 5.E.a Consensus. Pre-tape all PowerPoint presentations and public service announcements and begin the service pin award ceremony at 1 p.m. Issue C2. Mayor and Common Council Meeting Process and Order cf Agenda Items — Order of items — Council announcements Consensus. Keep the current practice of taking up announcements at the beginning of the meeting. In d 3 Public Comments: S Joe Ortiz, San Bernardino, CA. C 3. Adjournment V O The meeting adjourned at 7:41 p.m. The next joint regular meeting of the Mayor M and Common Council/Community Development Commission is scheduled for .�.. 1 :30 p.m., Monday, August 1, 2011 . a RACHEL G. CLARK, CMC City Clerk O N r N By o Linda Sutherland N Deputy City Clerk 7 C C 3 O V C E t V tC r Q 5 07/21/2011 Packet Pg.42' 5,E.b Mayor Patrick J.Morris CITY OF SAN BERNARDINO Council Members: 300 N. "D"Street Virginia Marquez Robert D.Jenkins San Bernardino, CA 92418 Tobin Brinker Website: www.sbcity.org Fred Shorett Chas Kelley San Bernardino Rikke Van Johnson Wendy McCammack sm N a� MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO o U JOINT REGULAR MEETING AUGUST 1,2011 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:34 p.m., Monday, August 1, 2011, in the Council Chambers of City Hall, 300 North"D" Street, San Bernardino, California. 0 N Roll Call o Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, co Councilman-elect Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: None. 3 0 U Closed Session c 0 Pursuant to Government Code Section(s): U fT1 a+ Y A. Conference with legal counsel — existing litigation — pursuant to a Government Code Section 54956.9(a): Ballard, et al. v. City of San Bernardino, et al. — United States District Court, Case No. CV10-02769 DMG(AJWx). 1 08/01/2011 Packet Pg. 43 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: American Traffic Solutions v. City C. Conference with legal counsel — anticipated litigation — initiation of litigation — pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session — personnel — pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the U security of public buildings or threat to the public's right of access to 0 public services or public facilities—pursuant to Government Code Section 54957. M F. Conference with labor negotiator— pursuant to Government Code Section 54957.6: Fire Safety a� G. Conference with real property negotiator— pursuant to Government Code Section 54956.8. N 0 Prior to adjourning the meeting, City Attorney Penman announced that his office o had received information that required closed session discussion regarding the following case: Willie Mason, Sr. v. City of San Bernardino, et al. —United States District Court, Case No. EDCV 10 00504 VAP—Federal District Court,Los Angeles 3 0 U Reading of Resolutions& Ordinances Y Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Q Invocation/Pledge of Allegiance The invocation was given by Deacon Alan Butler of the Mt. Whitney Baptist Church in Lone Pine, California, father of Councilman-elect Robert Jenkins. Nancy Reyes, a friend of Mr. Jenkins, sang the National Anthem; and the pledge of allegiance was led by Kristen Stringer, a seventh grade student at Colonel Joseph C. Rodriguez Prep Academy and neighbor of Mr. Jenkins. l 2 08/01/2011 Packet Pg. 44 1 1 5.E.b Swearing-In Ceremony A swearing-in ceremony was held for newly-elected Council Member Robert Jenkins, followed by a reception. 2. Appointment — Amelia S. Lopez — Planning Commission — Council Member Jenkins Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the appointment of Amelia S. Lopez to the Planning Commission, as requested by Council Member/Commissioner Jenkins, be approved. The motion carried unanimously. 3. Proclamations & Presentations c 0 City Manager McNeely presented graduation certificates to the graduates of the v City's first Citizens Academy. M r Council Member/Commissioner McCammack presented a Certificate of Commendation to members of the American Legion Auxiliary Richard O. Reed r Unit 777 District 25 in recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of all the citizens of San Bernardino. She also presented a proclamation of the Common Council commending and congratulating Sharon Brouse, who r helped start the American Legion Auxiliary Unit 777 over 20 years ago and recently received the 2010-2011 American Legion Auxiliary Department of California Unit Member of the Year award. c U) 4. Announcements 2 c Announcements were made by the Mayor, Members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding c various civic, community, and chamber events and activities. 0 5. Waive Full Reading of Resolutions and Ordinances s Council Member/Commissioner Johnson made a motion, seconded by Council a Member/Commissioner Shorett, that full reading of the resolutions and ordinances Q on the regular agenda of the Mayor and Common Council and Community Development Commission dated August 1, 2011, be waived. The motion carried unanimously. 3 08/01/2011 Packet Pg.45 5.E.b 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: May 16, 2011. The motion carried unanimously. 7. Claims and Payroll U) 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 July 18, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. o U 8. Personnel Actions CD M r Council Member/Commissioner Johnson made a motion, seconded by Council a, Member/Commissioner Shorett, that the personnel actions, as submitted by the S Chief Examiner, dated July 28, 2011, 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. ORD. MC-1361 - Ordinance of the Mayor and Common Council of the City C°, of San Bernardino adding Chapter 8.83 to the San Bernardino Municipal c Code regarding accountability for social hosts of minors. FINAL READING o (Continued from July 18, 2011) d Council Member/Commissioner Johnson made a motion, seconded by Council 5 Member/Commissioner Shorett, that said ordinance be adopted. Ordinance No. MC-1361 was adopted unanimously. 0 10. RES. 2011-236 -Resolution of the Mayor and Common Council of the City of Y San Bernardino to increase the City Attorney's office budget by $6,000.00 to pay for outside counsel in Donald Sipple, et al., v City of Alameda, et al., Los Angeles County Superior Court, Case No. BC 462270 and amending the ;g City's FY 2011/2012 budget to reflect the increase. a It was noted that the funds would come from General Fund reserves. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-236 was adopted unanimously. 4 08/01/2011 Packet Pg.46 ' 5.E.b 11. RES. 2011-237-Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Retainer Agreement between Phillips & Cohen LLP, Day Pitney LLP and the City of San Bernardino for legal services in the case of United States and State of California et al. Ex rel. Hendrix v. J-M Manufacturing Co., et al., Case No.: ED CV06-0055-GW. 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. 2011-237 was adopted unanimously. 12. RES. 2011-238 -Resolution of the Mayor and Common Council of the City of c San Bernardino, California, reciting the facts of the Special Municipal v Election held on the 12th day of July 2011, declaring the results thereof and setting forth such other matters as are provided by law. as Public Comments: S 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. 2011-238 was adopted unanimously. N 0 13. ORD. MC-1362 - An ordinance of the City of San Bernardino amending c Chapter 19.14 (Freeway Corridor Overlay District), Sections 19.14.030 of the us San Bernardino Municipal Code (Development Code) related to Landscape 2 and Building Setback Development Standards. FINAL READING = (Continued from July 18, 2011) _ Council Member/Commissioner Johnson made a motion, seconded by Council 0 Member/Commissioner Shorett, that said ordinance be adopted. Ordinance No. MC-1362 was adopted unanimously. s 14. ORD. MC-1363 - An ordinance of the Mayor and Common Council of the w City of San Bernardino amending Sections 5.04.370, 5.04.495, 19.02.050, a 19.06.030(2)(N) and Chapter 19.70 of the Municipal Code to permit food carts subject to specified location criteria and community gardens with produce stands by temporary use permits. FINAL READING (Continued from July 18, 2011) 5 08/01/2011 Packet Pg.47 S.E.b Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez,that said ordinance be adopted. Ordinance No. MC-1363 was adopted unanimously. 15. ORD. MC-1364 - An Ordinance of the City of San Bernardino providing for the reinstatement and continuation of the powers of the Redevelopment Agency of the City of San Bernardino. FINAL READING (Continued from July 18, 2011.) 0 _ Council Member/Commissioner McCammack stated that she would abstain on this item because the Uptown Redevelopment Project Area is mentioned throughout the document and she owns property in that project area. She left the c Council Chambers and returned after the vote was taken. v 0 co Public Comments: Warner Hodgdon, San Bernardino, CA. a, _ Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said ordinance be adopted. Ordinance No. MC-1364 was adopted with McCammack abstaining. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of agreements and issuance of annual purchase o orders to Allstar Fire Equipment in the amount of $60,000 and Fisher c Scientific Company L.L.C. in the amount of $10,000 for replacement of N protective clothing and equipment for structural firefighting. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council c° Member/Commissioner Shorett, that the matter be continued to the Council/ L) Commission meeting of August 15, 2011. The motion carried unanimously. 17. RES. 2011-239 - Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and a Western Regional Little League Baseball Inc., for financial assistance from the Civic and Promotion Fund. Public Comments: Jim Smith, San Bernardino, CA. Joe Ortiz, San Bernardino, CA. 6 08/01/2011 Packet Pg.48 5.E.b Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-239 was adopted unanimously. (Note: This resolution was subsequently rescinded and a new Resolution No. 2011-245 adopted in its place at the Council/Commission meeting of August 15, 2011.) 18. RES. 2011-240 -Resolution of the Mayor and Common Council of the City of San Bernardino entering into an agreement between City of San Bernardino and Omnitrans for one-time funding for a College Free Pass Pilot Program for 2011-2012 academic year. m Council Members/Commissioners Brinker, Kelley, and McCammack stated that they would abstain because they have children who will be attending local M t colleges. They left the Council Chambers and returned after the vote was taken. 0 Council Member/Commissioner Marquez made a motion, seconded by Council v Member/Commissioner Jenkins, that the Director of Finance be authorized to amend the FY 2011-2012 budget and appropriate $141,765 to Account No. 111- 100-5502-0016; and that said resolution be adopted. The motion carried and a, Resolution No. 2011-240 was adopted with Brinker, Kelley, and w McCammack abstaining. 19. Public Hearing — Resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees r 0 N RES. 2011-235 - Resolution of the City of San Bernardino imposing liens on c certain parcels of real property located within the City of San Bernardino for c uncollected business registration fees. m 0 Mayor/Chairman Morris opened the hearing. E No public comments were received. 3 0 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2011-235 was adopted unanimously. Q 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. (Continued from July 18, 2011) 7 08/01/2011 Packet Pg.49 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of August 15, 2011. The motion carried unanimously. 21. RES. 2011-241 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2011 through June 30, 2016. (Continued from July 18, 2011.) c Council Member/Commissioner McCammack stated she would like the City Manager to research the Prop 172 money relative to it being a funding source to the County and a possible audit of whether any of that money is being paid back o to the City. 0 0 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. a, Resolution No. 2011-241 was adopted unanimously. r d m It was noted that a speaker's slip had been submitted on this item. d Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Jenkins, that Agenda Item No. 21 be reconsidered. The motion carried unanimously. c 0 Public Speaker: N Joe Ortiz, San Bernardino, CA. := 3 c Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Jenkins that said resolution be adopted. Resolution No. 2011-241 was adopted unanimously. c0 0 Y 22. San Bernardino Beautification Program E s Assistant City Manager Andrea Travis-Miller provided a comprehensive r overview of the information contained in the staff report for the proposed San Q Bernardino Beautification Program, noting that a component of the program would be a City-wide cleanup day scheduled for September 10, 2011. She was joined by staff members Kevin Hawkins, Director of Parks, Recreation and Community Services; Margo Wheeler, Director of Community Development; Charles Carter, Sr. Code Enforcement Officer; and Tony Frossard, Operations and Maintenance Division Manager, Public Works Department, who provided information on various projects that have been identified for a year-long task of 8 08/01/2011 Packet Pg. 50 addressing the City's image and cleaning and maintaining those areas that need attention. It was noted that seed money would be needed from the City in the amount of $45,000 to fund the City-wide cleanup day and that these funds are available in the City's Civic and Promotional Fund,with the goal being to recover these costs. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Marquez, that the Mayor and Council review and discuss the San Bernardino Beautification Program; that the Director of Finance be authorized to amend the FY 2011-2012 budget and appropriate $45,000 from Account No. 001-090-5186-0000-0052 to Account No. 772-120-2467-0000; and = that staff be directed to move forward with sponsoring the September 10, 2011 City-wide Clean-up Day. The motion carried unanimously. U 0 23. San Bernardino Hometown Heroes Military Banner Program U 0 to Council Member/Commissioner Johnson advised that cities throughout the State r of California have adopted military banner programs, and at the last Council meeting Council Member/Commissioner Brinker shared that he had visited the city of Corona and saw the banners proudly flying in that city. He stated that prior to that, he and Council Member/Commissioner Marquez had been meeting and talking about how the Council could bring a military banner program into the City of San Bernardino, and today they were presenting the initial phase of the San Bernardino Hometown Heroes Military Banner program. N 0 He stated that the San Bernardino Hometown Heroes Military Banner program CO will recognize the brave men and women of San Bernardino currently serving in N the United States Armed Forces. The personalized banners will be displayed on light poles up and down major streets throughout the city to honor, celebrate, and =_ remind residents of the dedication of our hometown heroes to our country. Council Member/Commissioner Johnson stated that following discussion he c0 would like to make a motion that they send this to an ad hoc committee consisting w of Council Members/Commissioners Marquez, Shorett (because he has served in the military) and himself. Council Member/Commissioner Jenkins made a motion, seconded by Council Q Member/Commissioner Brinker, to establish an ad hoc committee consisting of Council Member/Commissioner Johnson as chair and Council Members/ Commissioners Marquez and Shorett as members, and refer the matter of a Hometown Heroes Military Banner Program to them. (No vote was taken.) Council Member/Commissioner McCammack stated that based on a recommendation from one of her constituents, she had been working over the past three or four months to obtain pricing for such a program—at least for 70 poles, 9 08/01/2011 Packet Pg. 51 which would equate to 10 poles per ward. She also found some City employees who were willing to volunteer their time to dig the holes and pour the concrete in soil. She got some pricing and a parameter of what they might be looking at in terms of sponsorships, because there were several folks who indicated they were willing to offer some private sponsorships. She stated that overall it looks like the program (figuring 10 poles per ward) is going to cost approximately $43,750— and up to $47,250 for the whole program. That included the flags, the 14-foot poles that were painted, the clips that hold the flags, and installation, including some of the volunteer efforts. She stated that she had obtained that quote from a local vendor,based on quantities of 20 poles or more. N d Ms. McCammack stated that she hoped they would choose a local vendor to supply the materials and look at employees, such as the "orange-shirt group," that are willing to volunteer their efforts. Also, neighborhood watch and neighborhood cluster associations may be willing to volunteer. She also suggested that they look to the veterans organizations that currently exist in town instead of just a flat application process. M r Council Member/Commissioner Brinker stated that he had hoped they could get something done prior to 9/11, since it will be the 10th anniversary. He stated that he had thought they would be using existing poles and asked Ms. McCammack for more information regarding her thought on this. He also questioned whether any staff person had been assigned to work on this program along with the committee. N Ms. McCammack stated that her constituent, Mr. Albert, who had suggested this o program to her, had actually identified a spot in the Seventh Ward that was not CO being properly maintained, and the thought was that if a certain amount of poles N were assigned to that specific area, it would be more likely that it would be properly maintained. Also, it is kind of a segue to certain areas in the city that are =_ traveled a lot by folks that do not necessarily live here. U C Council Member/Commissioner Johnson stated that he and Ms. Marquez had 0 talked about trying to get the banners in place prior to 9/11—that was one of their L) goals—but they looked at the importance of the program and decided that to do it E properly would take time and proper planning. They felt it was too important to rush, and just did not see it happening before 9/11. 2 a Council Member/Commissioner McCammack asked if any of her colleagues would mind if she at least started it in the Seventh Ward as a pilot program without any rules, and then once there are some rules they would comply. Council Member/Commissioner Johnson stated that for consistency he had a problem with that, because you want a consistent program spread throughout the city. 10 08/01/2011 Packet Pg. 52 S.E.b Mayor/Chairman Morris suggested that Ms. McCammack meet with the committee. Council Member/Commissioner Shorett stated that since Ms. McCammack has put so much work into this, he would be more than willing to have Ms. McCammack serve on the committee instead of him. Council Member/Commissioner Shorett made a substitute motion, seconded by Council Member/Commissioner Brinker, to establish an ad hoc committee consisting of Council Member/Commissioner Johnson as chair and Council Members/Commissioners Marquez and McCammack as members, and refer the r matter of a Hometown Heroes Military Banner Program to them. The motion = carried unanimously. U Council Member/Commissioner Kelley suggested that the committee seriously o consider all of the major corridors throughout the City. 0 0 Council Member/Commissioner Johnson stated that each Council member knows their ward, so their input will be vital as to where they would like to see these banners in their wards. w Council Member/Commissioner Jenkins stated that it would be his hope that they could honor gold star families in San Bernardino who have paid the sacrifice on the war on terror. He would like to see that added to the qualifications to honor those who paid the ultimate sacrifice. N T- 9 24. Item deleted o COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack; Sr. Assistant City Attorney Easland; Economic Development Agency Director of Administrative Services Teri Baker and Agency Counsel Sabo; City Clerk Clark. Absent: None. Q 11 08/01/2011 Packet Pg. 53 5.E.b R25. Ca1PERS Pre-Tax Payroll Deduction plan for employee service credit purchases RES. CDC/2011-52 - Resolution of the Community Development Commission of the City of San Bernardino implementing provisions of the Internal Revenue Code Section 414(H)(2) for miscellaneous employees and authorizing a pre-tax payroll deduction plan for service credit purchases. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the Community Development Commission of the City of San Bernardino adopt said resolution subject to the clarification and r understanding that all such contributions specified therein shall be made solely by the employee and not by the Agency, which is not, under any circumstances, to 2 provide the benefits conferred upon Agency employees pursuant to said resolution for the use by the employee of "before tax dollars" for such employee funded c contributions. The motion carried and Resolution No. CDC/2011-52 was v adopted unanimously. M r R26. Amendment No. 1 to the construction contract with Phillips Construction, a, Inc., for the Americans with Disabilities Act ("ADA") Ramps and Sidewalks S Project Phase II—various locations Citywide RES. CDC/2011-53 - 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 C°, Bernardino ("Agency") to execute Amendment No. 1 to the construction o contract by and between the Agency and Phillips Construction, Inc. CO ("Contractor") for the construction of Americans with Disabilities Act us ("ADA") Ramps and Sidewalks Project Phase II — Various locations 3 Citywide (401h Street, South Valle and Northwest Redevelopment Project 5 Areas). c Council Member/Commissioner Brinker made a motion, seconded by Council 0 Member/Commissioner Marquez, that said resolution be adopted. Resolution w No. CDC/2011-53 was adopted unanimously. R27. Amendment No. 1 to the Agreement for Professional Services with Joseph E. 3 r Bonadiman and Associates, Inc. for the Northpark Boulevard and University Q Parkway Street Improvements Project (State College Redevelopment Project Area) 12 08/01/2011 Packet Pg. 54 5.E.b RES. CDC/2011-54 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the Agreement for Professional Services by and between the Agency and Joseph E. Bonadiman and Associates, Inc. ("Consultant") for professional design and engineering services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area). Council Member/Commissioner Kelley made a motion, seconded by Council w Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-54 was adopted unanimously. R28. Salvation Army–Regarding the acceptance and conveyance of properties o U RES. CDC/2011-55 - Resolution of the Community Development CD Commission of the City of San Bernardino approving and authorizing the transfer of the Salvation Army properties from the Redevelopment Agency a, of the City of San Bernardino ("Agency") to the San Bernardino Economic Development Corporation ("SBEDC") pursuant to the approval of the transfer of all real property assets of the Agency to the SBEDC on March 17, 2011 in accordance with the Project Funding Agreement (CDC/2011-9). City Attorney Penman advised that he and his office had declared a conflict on N this item because his wife is a member of the board of the Salvation Army. He c stated that Agency Counsel Sabo had reviewed and signed the resolution. o U) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution 5 No. CDC/2011-55 was adopted with McCammack abstaining. c 29. Public Comments 0 Betty Jean Long, San Bernardino, CA, welcomed new Council Member Robert E Jenkins and spoke regarding the relationship that now exists between China and the United States. ;a Q Joe Ortiz, San Bernardino, CA, spoke regarding what he expects from his elected officials. Warner Hodgdon, San Bernardino, CA, stated that he had submitted a speaker's slip on Agenda Item No. 18—the Omnitrans issue—that was possibly overlooked. He stated that he knows how good the free ride for local college students is, but he also sees the other side of the issue that when somebody's old enough to go to a university, they ought to be able to figure out how to get there and study without 13 08/01/2011 Packet Pg. 55 getting a free ride. He stated that the City needs to be careful how it spends its money. Mr. Hodgdon was informed by City Attorney Penman that under the California open meeting law—the Brown Act—he has a right to have his comments on Item No. 18 heard before the Council votes. They have already voted and the Mayor has kindly allowed him to speak on it, but the Council can reconsider it and then vote again now that they have heard him, unless he is willing to waive that right. Mr. Hodgdon indicated that he had said what he wanted to say and he would waive his right to speak on the matter. He just wanted to make the point that we need to be more wise on how we are spending our money. c Mr. Hodgdon also spoke regarding the airport and the ordinance for reinstatement and continuation of power of the Redevelopment Agency. 0 The following individuals—members of the Save St. Anthony School U Coalition, teachers from St. Anthony School, and concerned parents and students—spoke regarding the closure of St. Anthony School and asked the Mayor and Council for their help: a, c r Karli Tanner, Highland, CA; Teashia Lopez, San Bernardino, CA; Rhiauna Monreal, San Bernardino, CA; Sister Margaret, San Bernardino, CA; Sister Betty, San Bernardino, CA; Corinthia Williams, San Bernardino, CA; c Crystal Rodriguez, San Bernardino, CA; CO Letty Rodriguez, San Bernardino, CA; Aniz Rodriguez, San Bernardino, CA; Christian Rodriguez, San Bernardino, CA; Bronique Martindale, San Bernardino, CA; Rev. Bronica Martindale, San Bernardino, CA; David Aguirre. 0 U Mayor/Chairman Morris noted that the Mayor and Council have no authority over the matter; however, they could consider drafting a resolution of support for the school. r a Council Member/Commissioner Johnson stated that he would like to get the resolution done by the coming weekend. Warner Hodgdon stated that across the street is the Hardy Brown Charter School which has been very successful, and suggested that they could consider turning St. Anthony's into a 501(C)(3), rent it for a dollar from the Diocese, and form a charter school. That way the school district would pay for it like it does all other charter schools. 14 08/01/2011 Packet Pg. 56` S.E.b It was noted that anyone wanting to support St. Anthony School could make contact at www.save-st-anthoMschool.com or by writing 1510 W. 16th Street, San Bernardino, CA 92411. James Penman, City Attorney, spoke regarding an e-mail that had been sent to approximately 6,000 registered voters in the city of San Bernardino by David McKenna, candidate for City Attorney, in which Mr. McKenna claimed that The Committee to Elect James F. Penman accepted a donation of$8,605 in campaign funds from The Colonies indirectly. Mr. Penman stated that this was absolutely false and demanded that Mr. McKenna send a correction to those same individuals who received the original email. Jim Smith, San Bernardino, CA, welcomed new Council Member Jenkins; stated U he was excited about the military banner program and hoped citizens would be o allowed to serve on the committee; and announced several local events including programs to be held by both the Native Sons of the Golden West and the Elks o recognizing the tenth anniversary of 9/11. r a� 30. Adjournment a� The meeting adjourned at 6:59 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled 0 for 1:30 p.m., Monday, August 15, 2011. T 0 N 0 RACHEL G. CLARK o City Clerk By: Linda E. Hartzel Deputy City Clerk 0 c E U a 15 081/01/2011 Packet Pg. 57 5.E.c CITY OF SAN BERNARDINO Mey°r Pencil M Moen: Co Me.,,ber,: 300 N. "D" Street Virginia Marquez San Bernardino, CA 92418 Robert D. Jenkins Tobin Brinker Website: www.sbcity.org Fred S ino Chas Knhorett s San Bernar Rikke Van/ Johnn Johnson sM Wendy M.Cammack MINUTES MAYOR AND COMMON COUNCIL AND c COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO 0 m M JOINT REGULAR MEETING AUGUST 15, 2011 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community O N Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1 :38 p.m., Monday, August 15, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. ° to d a+ Roll Ball = Present: Mayor/Chairman Morris, Council Members/Commissioners Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack, City Attorney Penman, V C City Manager McNeely, Assistant City Clerk Ochiqui. ' O Absent: Council Member/Commissioner Kelley. d �/ E Council Member/Commissioner Kelley arrived at 1 :44 p,m. V l4 1. closedl Session a Pursuant to Government Code Section(s): A. Conference /with legal counsel — existing litigation — pursuant to Government Code Section 54956.9(a). Edward King X C Aja Case v. City of San Bernardino, et al. — United States District Court, Lase No. 09-01339, 1 08/15/2011 Packet Pg.58 5.E.c Estate of Terry Nash, et al. v. City of San Bernardino, et al. — United States District Court, Case No. CA-09-08671-RGK; Mekione Samatua, et al. v. City of San Bernardino — San Bernardino Superior Court, Case No. CIVDA 917832. 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: American Traffic Solutions v. City N C C. Conference with legal counsel — anticipated litigation — initiation of litigation — pursuant to subdivision (c) of Government Code Section 54956.9. c U D. Closed Session — personnel — pursuant to Government Code Section O W 54957: "' L Fire Safety 3 CI E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the publics right of access to r public services or public facilities — pursuant to Government Code Section N 54957. LO 0 F. Conference with labor negotiator — pursuant to Government Code Section 54957.6. c G. Conference with real property negotiator — pursuant to Government Code Section 54956.8. _ 7 O r� U Reading of Resolutions and Ordinances + C Deputy City Clerk I l�lartzel read into the record the titles of all the resolutions and � ordinances on the regular agenda of the Mayor and Common Council and Community V Development Commission. a Mordent of silence Mayor/Chairman Morris requested a moment of silence in honor and in memory of Mike Lozano. 2 08/15/2011 Packet Pg.59' 5.E.c Invocation/Pledge of Allegian l�ce r� The invocation was given by Reverend Sangm/�an Shin from Del Rosa United Methodist Church. The pledge of allegiance was led by Art Frias, a fifth grade student at Rio Vista Elementary School. 2. Appointments — Council IV'ember Jenkins • John M. Matley — Measure 'Z' Citizen's Oversight Committee /� • Deborah Sterner Matley — Community Development Citizen Advisory Committee N O Board p 7 • Oscar C. Gonzalez — Board of Building Commissioners = Council Member/Commissioner Kelley made a motion, seconded by Council •_ 7 Member/Commissioner McCammack, that the appointments of John M. Matley, O Deborah Sterner Matley and Oscar C. Gonzalez, as requested by Council V O Member Jenkins, be approved. The motion carried unanimously. O M L 3. Presentations and Proclamations R 7 d Council Member/Commissioner Jenkins presented a certificate of commendation to Shirley Gonzalez for allowing her husband to donate so much of his time to the r City, and announced that they recently celebrated their 50`" wedding anniversary. r O N /� Assistant City Manager McNeely introduced Andrea Travis-Miller, Assistant City 7 ip Manager, and Debbie Okogba, Project Manager, who presented an update of the O September 10« City Pride — City-wide Beautification Project. N d 3 �/ C Council Member/Commissioner Kelley presented certificates of commendation to ^� the members of the Newmark Little League Aii-Star Team, its manager, team 'V mom, and coaches, for winning the District 43 Title. 3 O U Council Member/Commissioner Johnson presented the Citizen of the Month !_ 47 Award to Carlos Teran, President of the Mt. Vernon Neighborhood Cluster E L Association, Reverend Bronica Martindale, President of the California 11 t6 r Neighborhood Association, and Chary Jacobs, President of the Terrace West Q Neighborhood Cluster Association, in recognition of their untiring devotion to the City of San Bernardino. 3 08/15/2011 Packet!Pg.60 S.E.c 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 Department Years of Service Steve De Vore Fire 5 Daniel Alvarez Police 30 Francisco Villalobos Public Works 25 4. Announcements fq d Announcements were made by the Mayor, members of the Common Council, _C elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. (] C 7 O 5. Waive Full Reading of Resolutions and Ordinances U O t0 Council Member/Commissioner Johnson made a motion, seconded by Council 77 Member/Commissioner Marquez, that full reading of the resolutions and L t6 ordinances on the regular agenda of the Mayor and Common Council and T � Community Development Commission dated August 15, 2011, be waived. The motion carried unanimously. 4j r r 6. Claims and Payroll N Tt"1 r Council Member/Commissioner Johnson made a motion, seconded by Council C Member/Commissioner Marquez, that the claims and payroll and the w authorization to issue warrants as listed in the memorandum dated August 9, 7 Barbara T C 2011, from Barbara Pachon, Director of Finance, be approved. 1 he motion ��- carried unanimously. C 7. Personnel Actions C U C ouncil Member/Commissioner ohnson made a motion, seconded b y Council c E Member/Commissioner Marquez, that the personnel actions, as submitted by the V Chief Examiner, dated August 11, 2011, in accordance with Civil Service rules Q and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. 1 he motion carried unanimously. 8. RES. 2011-242 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a retainer agreement between Colantuono & Levin, PC and the/� City of San Bernardino for legal services in the case Sipple at al. v. City of Alameda at al. Los Angeles County Superior Court Case Number BC462270. 4 08/15/2011 Packet,Pg.61 5.E.c Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-242 was adopted unanimously. 9. RES. 2011-243 — Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment Na. 3 to the Consultant Services Agreement with the Counseling Team International to provide employee assistance services to City employees. Council Member/Commissioner Johnson made a motion, seconded by Council _ to Member/Commissioner Marquez, that said resolution be adopted. Resolution ly r No. 2011-243 was adopted unanimously. _ 10. RES. 2011-245 — Resolution of the Mayor and Common Council authorizing •V c the ratification and execution cf an agreement between the City of San 0 Bernardino and Little League Baseball and Softball, Inc., for $50,326 in V O financial assistance from the Civic and Promotional Fund and rescinding t0 M Resolution No. 2011-239. L Council Member/Commissioner Kelley made a motion, seconded by Council d Member/Commissioner Johnson, that said resolution be adopted, that the direct Q a+ funding in the amount of $5,000 be approved, that indirect funding in the amount � of $45,326 be transferred from the FY 2011112 Civic and Promotion Fund to c various City departmental accounts as listed in the staff report from the Director N P R C S A 8, 2011 � of arks, Recreation and community Services, dated August , and that a r i; waiver of fees and use of City personnel and equipment be authorized to assist in I � the 2011 Western Regional Little League baseball and softball tournaments. The rn d motion carried and Resolution No. 2011-245 was adopted unanimously. C 11. Authorize the Director cf Public Works to execute Contract Change Order (j No. 3 with Bomel Construction Co., Inc. for the Metrolink Parking Structure 0 at the Santa Fe Depot (GB 04-19), per Plan Nos. 12591, 12328, 12336, 12337, 12327, and 12348 E Council Member/Commissioner Johnson made a motion, seconded by Council M r.+ Member Commissioner Marquez, that the Director of Public Works be authorized Q to execute Contract Change Order No. 3 with Bomel Construction Co., Inc. for the Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Plan Nos. 12591, 12328, 12336, 12337, 12327, and 12348. The motion carried unanimously. 5 08/15/2011 Packet Pg.62 12. Authorize the �lDirectcr of Public Wo d rlcs to execute Contract Change Orer No. 2 with Hillcrest Contracting, Inc. for the Victoria Avenue Street Improvement and Beautification Project, Phase 11, per Plan No. 12321 (SS05- 25) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the Director of Public Works be authorized to execute Contract Change Order No. 2 with I lillcrest Contracting, Inc., for the Victoria Avenue Street Improvement and Beautification Project, Phase 11, per Plan No. 12321 (SS05-25). The motion carried unanimously. _ fn 13. RES. 2011-246 - Resolution of the City of San Bernardino amending = c Resolution No. 655 entitled ,�, in part, A Resolution... designating certain streets, or portions thereof as through highways... and establishing a Lwo- � way stop at the intersection of Genevieve Street and Thirty-First Street. G U 0 Public Comments. Bernardino, M Paul Sanborn, San Bernardino, CA. 77, L �q tC Council Member/Commissioner IV IcCammack made a motion, seconded by i31 Member/Commissioner Q1 Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2011-246 was adopted unanimously. 7 0 14. RES. 2011-244 — Resolution of the City of San Bernardino authorizing and N directing the execution cf a Grant of Easement to Southern California Edison 7 2121 N. M 0 Company across a portion of City owned property located at Medical O Center Drive, known as Fire Station No. 223 (APN 0143-012-44). N c Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution (j C No. 2011-244 was adopted unanimously- 0 U 15. Authorization to proceed and approval of Plan No. 12798 - Proposed street vacation of a portion of Spruce Street between Mt. Vernon Avenue and a E Z north-south alley approximately 150 feet west of Mt. Vernon Avenue a+ /i Q Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the Director of Public Works and the City Clerk be authorized to proceed with /�the proposed street vacation of a portion of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue, and that Plan No. 12798 showing the proposed street vacation of a portion of Spruce Street between Mt. Vernon Avenue and a north-south alley approximately 150 feet west of Mt. Vernon Avenue, be approved. The motion carried unanimously. 6 08/15/2011 Packet Pg.63 5.E.c 16. Public Hearing — Amendment to Development Agreement No. 91/-01 between the City of San Bernardino and the developer of the Inland Center Mall (Continued from July 18, 2011) Aresolution of the Mayor and Common Council of the City of San Bernardino approving first amendment to Development Agreement No. 91-01 between the City of San Bernardi�n+o and the developer of the Inland Center Mall, located at 500 South Inland Center Drive. The hearing remained open. _ N d Staff requested a two-week continuance. Council Member/Commissioner Brinker made a motion, seconded by Council 0 Member/Commissioner Marquez, that the matter be continued to the Council _ O Commission meeting of September 6, 2011 . The motion carried unanimously. V O ID M 17. Public Hearing — A request to change the General Plan land use designation from PFC, Public Flood Control, to CG-1, Commercial General, on 9.7 acres L_ located approximately 40 feet northwest of the intersection of Baseline and California Streets (GPA No. 11-02) r Mayor/Chairman Morris opened the hearing. O N LO Margo Wheeler, Director of Community Development, stated that both Planning 7 Division staff and the Planning Commission recommended denial of the subject O application. She stated that the location of the site has limited access to Baseline Street and its primary access is State Street to the north. The property abuts 7 C residential properties to the northeast of the subject site and the request is to change the land use designation from flood control to general commercial, which 'V C would allow a great number of commercial uses on the subject property. 3 O Assistant Pursuant to Resolution No. 2000-279, Assistant City Clerk Cchiqui administered = d an oath to the following individual that he would provide true and honest E testimony. 0 Q Bruce Cash, United Strategies, Inc., speaking on behalf of the property owner, BBC Properties, LLC, stated that they were adamantly opposed to the He recommendation of the Planning Commission. I le stated that their clients have owned this property for decades. They have gone through due process to understand what the opportunities are on this piece of challenged real estate, and they believe the proposal they presented to the Design and Environmental Review Committee (DERC) in 2009, is appropriate. Mr. Cash stated that if someone were to look at the transcript of that DERC meeting, they were very clear that their client intended to proceed to construct 7 08/15/2011 Packet Pg. 64' 5.E.c self storage facilities on the land. During that meeting in 2009 they discussed the merits of their project with members of senior staff. The issue of State Street, which is mentioned in the staff report, came up during the last 60 seconds of that DERC hearing, and the indication at that time was that the City of San Bernardino may have been considering this proposed alignment as one alternative for the future extension of State Street. There was no timeline provided then, and there is none today. There was no appropriation of dollars to go forward with that project back in 2009, and upon the recommendation and support of the DERC, they offered up two proposals. 1) to develop a portion of the property, and 2) to develop the entire property, and they provided very clear indication of the likely screening between their proposed commercial activities and the N d residential properties located adjacent to the site. _ C Mr. bash stated that there is no ambiguity with the Planning staff or the Planning 'V �I C Commission that this is the highest and best use for the property. He stated that O he took issue with the statement in the staff report that somehow they were well V informed about the plans for State Street going forward—it was a comment in O /� t0 passing. Also, the exhibit that was subsequently provided to them was nothing M r V more than an initial rendering of what might be a potential alignment of State i Street at some point in the future. Following that DERC meeting, numerous O discussions were held with City officials and, to date, they still have not seen a published timeline on the proposed extension of State Street. They have not seen or read of any appropriation of funds in order to move forward. There has been r T no dialog with their client with respect to the interest in this property or the taking N 0 or right-of-way acquisition that would be necessary to go forward. � T_ O O Mr. Cash stated that as a result of the DERC meeting back in 2009, they were N directed to prepare a conceptual plan and outline the steps necessary to take the r 3 project forward. They did so, and they believe the request before the Planning Commission was indeed prudent. They were asking for a zone change first as Q they continue to evaluate an ever-changing marketplace and what the needs may = 7 be at this location for a self-storage facility. Nevertheless, their clients are V committed to this particular use and they have been directed to move forward and C they have gone /through the proper pre-application process in complete cooperation with City staff in order to bring this matter before the Planning t Commission. Q He reminded the Mayor and Council that most of the issues raised in staffs recommendation to the Planning Commission were nonsensical and each and every one of those issues were addressed at the Planning Commission meeting, and the only issue was the fact that they believed the site may be the alignment for the future extension of State Street. Mr. bash stated that they have no idea what the City's plans are with respect to State Street, and after talking with City staff, they still don't know. He stated that it is his opinion and the opinion of his client that they could go forward, construct this facility, contribute to the local economy, and this facility could operate for 25 years unabated at this location 8 08/15/2011 Packet Pg.65 5.E.c given what they know today about the proposed extension of State Street. He stated that they take great exception to the preemptive action on the part of the Planning Commission to condemn their property and not allow them to move forward in a logical manner as they have sought to do since early 2009, and he requested that the Mayor and Council overturn the recommendation of the Planning Commission. Council Member/Commissioner Marquez asked what kind of community outreach had been done. Mr. Cash stated that they have had some preliminary meetings with membership rn r+ groups in the area. Their presentation is conceptual—they are only asking for a C land use change. They have not submitted plans to move to construction or development of the site, but the community has been positive and he believes that 'V C what they are advocating to construct will actually enhance the area and will bring 7 30-40 jobs to the Baseline Corridor. V 0 Council Member/Commissioner McCammack asked Mr. Cash how long his client has owned the property. L. t4 Mr. Cash stated that his clients have owned the property for about 60 years. A portion of the property was deeded over and an easement provided to County Flood Control several years ago, however, they have purchased most of that T_ property back from the County as part of their land assemblage pursuant to the O N meeting with the DERC in 2009. r O O Council Member commissioner McCammack asked if anyone had mentioned the to extension of State Street at the DERC meeting in 2009. 3 C_ Mr. Cash stated that in the last 60 seconds of that meeting they were pointed to an obscure exhibit on the board which was a very preliminary document. He stated C that subsequently they were able to obtain a copy of that document and they have V been very astute about moving forward and meeting with pity officials to C understand the timing, appropriation, acquisition of right-of-way, and other c obvious constraints that the City might face if this alignment were prudent. He iJ stated that they have concluded that the constraints are significant for the City w based on what they want to do in the proposed extension of State Street, not Q necessarily as it relates to this segment, but in the project overall. So, depending on how it is phased, and depending on how the money is appropriated, it may be some time before this roadway could move forward and he believes that measure of time denies them the economic opportunity that his clients should enjoy given the time theylve owned this property, the investment they ve made in this property, and the contribution the proposed project will have, not only on that site, but for the corridor as a whole. 9 08/15/2011 Packet Pg.66 Council Member/Commissioner Brinker asked if a traffic study had been prepared as this is a difficult intersection and numerous accidents have occurred there. /� Ms. Wheeler stated that this item is only the General Plan A This I his property has been designated for Open Space or Public Flood Control since the incorporation of the City. The application before the Council is only for the land use change, there is no project, so the analysis of this project entails looking at the land use of this site and whether or not it's appropriate for Commercial General. Because there is no project, there has been no traffic study. They do not have the ability to analyze access to the site or its design because that project fn d is not before the Council, It is only whether or not the Council believes that the C change from Public Flood Control to Commercial General would be appropriate ^� on this piece of land at this time. �j C 7 Ms. Wheeler stated that the staff report and the findings reference the creation of V an isolated island of CG-1 . She stated that staff attempts to ensure that there are O f� larger areas of land use rather than a single isolated parcel, which this would be r as there is no other commercial property in this area. Ms. Wheeler stated that tC this site does not have good access and it immediately abuts homes along the = northeast side. She added that at no time did staff indicate that commercial was the highest and best use of this property. 4i 7 r /� r Henry Emperlo, Senior Deputy City Attorney, stated that if the Council was N /� 4 considering approval of this General Plan /'amendment, an initial study and � r several environmental studies would have to be performed and supplied including O Bernardino 1� O one analyzing the impact to a potential San Bernardino Kangaroo flat Habitat. He N stated that the staff report contained an alternative motion which outlined the rte) 7 potential for bringing the matter back to the Council after environmental E compliance. Pursuant to Resolution No. 2000-279, /-assistant pity Clerk Gchiqui administered V an oath to the following individual that he would provide true and honest C testimony. d E V Tom Mitchell, commercial real estate agent representing the property owner on the northeast corner of Baseline, stated that they object to the current proposal as Q presented because without State Street there would be increased traffic on California and Baseline. He stated that they do not object to the proposed use of the property and he concurred that the highest and best possible use for that area is a public storage facility. He stated that based on the configuration of the lot, nobody would want to build a retail center there, however, if a secure public storage is built there, that would eliminate a lot of the gang activity in that area. 10 08/15/2011 Packet Pg.67 Robert Eisenbeisz, City Engineer, stated that studies are proceeding for the State Street extension project and that does involve three alternatives for alignment and they are con sulting with the U.S. Fish and Wildlife Service regarding the San Bernardino K-Rat habitat issue. Council Member/Commissioner Jenkins made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed, and that staff be directed to require further studies as needed to support a recommendation for approval of the General Plan Amendment. The motion carried unanimously. 18. Resolution of the Mayor and Common Council of the City of San Bernardino w d authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. (Continued from August 1, 2011) O Staff requested that the item be continued to September 6, 2011 . V O O �p M Council Member/Commissioner McCammack made a motion, seconded by r_ Council Member/Commissioner Kelley, that the matter be continued to the L tC Council/Commission meeting of September 6, 2011 . The motion carried I) d unanimously. r+ 7 19. Resolution of the Mayor and Common Council of the City of San Bernardino 0 authorizing the execution of agreements and issuance cf annual purchase N A F Eq p $60,000 F- orders to Ail-star ire ui ment in the amount of and usher � Scientific Company L.L.C. in the amount of $10,000 for replacement of o protective clothing and equipment for structural firefighting. (Continued from August 1, 2011) Note. No resolution was distributed with the backup materials. 'V C �q � Council Iv lember/Commissioner McCammack made a motion, seconded by V Member/Commissioner Council IVlember/Commissioner Kelley, that the matter be continued to the � C ouncil/C ommission meetin g of September 6, 2011. T he motion carrie E unanimously. V 16 r+ Q 11 08/15/2011 Packet Pg.68 20. Designation of Voting Delegate and Alternate Voting Delegates for the League of California Cities Annual Conference to he held September 21-23, 2011, in San Francisco, California Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that Council Member Kelley be designated as the City of San Bernardino's voting delegate and Council Member McCammack be designated as the alternate voting delegate for the League of California Cities Annual Conference to be held September 21-23, 2011, in San Francisco, California. The motion carried unanimously. fn p r 21. Receive and file the Full Cost /-allocation Plan Report and the Right of Way 3 c Study and authorize Finance to begin implementation .0 C Barbara Pachon, Director of Finance, stated that the Cost Allocation Plan was O compiled based on the best available data and methodology. She stated that it is a V living document that will be brought back and updated every year as the City's M costs and information from the user departments becomes more refined. r L Gary Goelitz, Vice-President of Matrix Consulting Group, made a PowerPoint presentation to the Mayor and Council. r Council Member/Commissioner McCammack stated that she was very concerned r about the memo in the backup from Stacey Aldstadt dated August 10, 2011, N 6 wherein she indicated that the implementation of the Cost Allocation Plan is contrary to Proposition 218. Mrs. McCammack stated that she could receive and C file the document, but she could not authorize the Finance Director to begin N d implementation without resolving the issues brought forward by Ms. Aldstadt. 7 C City Manager McNeely stated that a meeting was held after Ms. Aldstadt,s memo p .� was issued and he understood that all the Proposition 218 issues had been resolved. V C Discussion ensued and the consensus of the Council was to continue the matter for three weeks. V r+ �' r Council Member/Commissioner Mccammack made a motion, seconded by Q Council Member/Commissioner Kelley, that the Right and Common Council R receive and file the Full Cost Allocation Plan and of Way Study, and that the matter be continued to the Council/Commission meeting of September 6, 2011, in order to resolve issues brought forward by Stacey Aldstadt, General Manager, Water Department. The motion carried unanimously. 12 08/15/2011 Packet Pg.69 S.E.c 22. Request additional funding for the City Attorney Office for FY 2010/11 Barbara Pachon, Director of Finance, stated that budget authorization was necessary to process additional bills for lawsuits that had been approved for the City Attorneys Office. Public Comments. Joe Ortiz, San Bernardino, CA. avid McKenna, San Bernardino, CA. Barbara Babcock, San Bernardino, CA. _ to d Council Member/Commissioner McCammack asked what happens to the bills for C contracts that are approved by Council action prior to the end of the fiscal year. C Ms. Pachon stated that any bill that comes in that is for services through June 30 0 would be processed and paid if she had budget authority to pay them. O t0 Council Member/Commissioner McCammack requested that the Council be provided with a document that shows where Council action has been required to R pay bills that were incurred and contracted through Council action in the previous 7 fiscal year. She asked to see the Council actions for all the departments that have overspent their budgets for the last ten years. ++ r Discussion ensued regarding the City Attorneys budget, the number of cases N City being handled by the pity Attorneys office, the duties currently being performed r by the attorneys, the duplicative services being performed by the attorney O O investigators, the budget for outside attorneys, and political corruption. N d w 3 Ms. Pachon stated that currently the Council approved a loan up to/ 410,000, and C in order to go over that loan, she needed direction from the Council. She U clarified that it is not common practice for departments to go over their budgets. 3 O U Council Member/Commissioner Johnson made a motion (Motion 1 on Agenda , seconded by Council Member/Commissioner Brinker, that the Director of d Finance be authorized to amend the FY 2010/11 City Attorney Office budget by appropriating an additional $197,000 from the General w Fund budget reserve and authorize a corresponding budget reduction to the FY 2011112 City Attorney Q Office budget in the amount of $197,000 in order to repay the General Fund T budget reserve. 1 he vote was taken following further discussion. 13 08/15/2011 Packet,Pg.70' 5.E.c Council Member/Commissioner Jenkins made a substitute motion (Motion A on Request for Council Action), seconded by Council Member commissioner Kelley, that the Director of Finance amend the FY 2010-11 City Attorney Office budget by appropriating an additional $197,000, plus an additional $100,000 from the General Fund Administrative Civil Penalties budget reserve. The motion �� n failed with Marquez, Brinker, Shorett and Johnson voting no. The original motion (Motion 1 on Agenda) made by Council Member/ Commissioner Johnson, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2010111 City _ Attorney Office budget by appropriating an additional $197,000 from the General N N w Fund budget reserve and authorize a corresponding budget reduction to the FY 3 C 2011112 City Attorney Office budget in the amount of $197,000 in order to repay the General Fund budget reserve carried with Kelley and McCammack voting (] no and Jenkins abstaining. O U COMMUNITY DEVELOPMENT COMMISSION o M Present. Mayor/Chairman Morris, Council Members commissioners Marquez, L Brinker, � Jenkins, Drinker, Shorett, Kelley, Johnson, McCammack, Senior Deputy City Attorney Easland, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, Assistant City Clerk 7 Ochiqui. r O N Absent. None Lf'> V-- R23. Amendment No. 1 to the 2006 San Bernardino Valley Enterprise Zone („SBVEZ") Memorandum of Understanding a 3 C RES. 2011-247 — Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the execution of Amendment •V C No. 1 to the 2006 San Bernardino Valley Enterprise Z/o+ne ("SBVEZ") O Memorandum of Understanding by and among the City of Colton, the City C of San Bernardino (n City n), the County of San Bernardino ("County n) and N the Inland Valley Development Agency ("IVDA") (All Redevelopment Project t Areas). w Brinker Q Council Member/Commissioner Brinker requested a presentation be made to the Mayor and Council about the Business Development Center within the next month to update them on the jobs that have been created and how the City has helped businesses. 14 08/15/2011 Packet Pg.71 Council Member/Commissionerp McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted, and that the Community Development Commission of the City of San Bernardino approve and accept the obligation to designate an Agency staff to serve as the Zone Coordinator, Zone Manager and Vouchering Agent at the request of the City of San Bernardino in furtherance of Amendment No. 1 to that certain San Bernardino Valley Enterprise Zone Memorandum of Understanding (A,, Redevelopment Project Areas). The motion carried unanimously. R24. San Bernardino Redevelopment Project Area Merger Area A — City Housing Element Compliance N d r RES. 2011-248 - Resolution cf the Mayor and Common Council of the City of San Bernardino hereby makes findings and determinations that: 1) The V C City cf San Bernardino has an adopted Housing Element which substantially 7 O complies with the California Government Code Section relative to Housing V Elements; 2) The Redevelopment Agency of the City of San Bernardino has t0 Cl) not been included in the California State Controller's Report to the Office of r- the Attorney General for Agencies with major audit violations in any cf the y- R last three fiscal years; and 3) The Agency does not have an excess surplus in d its Low and Moderate Income Housing Fund. r+ Council Member/Commissioner Johnson made a motion, seconded by Council T- O Member/Commissioner Marquez, that said resolution be adopted, Resolution N LO No. 2011-248 was adopted unanimously. r 0 25. RES. 2011-249 — Resolution cf the Mayor and Common Council cf the City of an Bernardino authorizing an amendment to the 2009 Professional 3 C Services Agreement with William Holt for Hearing Officer and/cr Administrative Law Officer Services. �j C Council Member/Commissioner Brinker made a motion, seconded by Council V r Member/Commissioner Shorett, that said resolution be adopted. Resolution No. c d 2011-249 was adopted unanimously. E 26. RES. 2011-250 - Resolution of the City of San Bernardino authorizing the Q pp submittal of an application to outhern alifornia Edison s Grants & Contribution Program in the amount of $25,000 to fund the environmental r impact component cf the City eautification Partnership's Clean-Up Day. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-250 was adopted unanimously. 27. Puelic Comments 15 08/15/2011 Packet Pg.72 Jane Sneddon, San Bernardino, CA, thanked the department heads for giving such informative presentations at the Citizen's Academy on how the City of San Bernardino operates and the fantastic job its employees are doing on a limited budget. She encouraged residents to register November the next Citizen's Academy which will be held September 14, 2011 through November 16, 2011. Betty Jean Long, San Bernardino, CA, stated that the Council is not following its own laws and the City needs to quit spending money it doesn't have, announced her intention to run for Mayor, and stated that would challenge the City Attorney's budget. N d c Joe Ortiz, San Bernardino, CA, spoke about a recent article in The Sun newspaper regarding candidates for Chief of Police; commented on the candidate •V running against Mr. Penman for City Attorney, Measure C, Operation Phoenix, C and the Airport Authority. V O tp M Roger I-1�lnderson, San Bernardino, CA, spoke about the recent article in The T_ Sun newspaper and the comment made by the Mayor about Council member L McCammack. W d Paul Sanborn, San Bernardino, CA, spoke about the accusation made by David McKenna linking City Attorney Penman to the Colonies scandal and requested V- T- that the Mayor stay out of the election process. O N T inda Pederson, San Bernardino, CA, director of the community center at St. O John's, stated that they serve the community with the homework center and they rn r promote family literacy by giving books to children. She stated that last year they � C signed up over 425 kids and each one received more than one book. Ms. Pederson stated that one of their major donors is dd's Discounts and they are •� currently holding a fundraiser through First Book Marketplace. She encouraged � listeners to stop by dd's on East Highland and make a donation to the book fund. V w C d S... Olson, Highland, CA, pleaded with the Mayor to enforce the law and clear t up the issues at the Pacific Palms Mobile Home Park. V tQ r+ /� w Catherine Alcantor, Upland, CA, stated that she has owned rental property at Q 124 S. Giovanola for ten years and she cannot get potholes or sidewalks repaired. She has contacted Code Enforcement regarding the vacant lot on the north side of her property, which is overgrown and illegal dumping is going on there, and the property to the south, which is boarded up and people are still living there. She stated that all her tenants that were living on that side of the building have moved out and she's losing $2,300 per month due to these issues not being addressed. She requested the City's support and assistance. 16 08/15/2011 Packet Pg.73 5.E.c Hayward Jackson, San Bernardino, CA, read a passage from the bible. Tracylyn $harrit, San Bernardino, CA, spoke about the exhibit of Michael Nye called „Hunger and Resilience,, at the California Theater and spoke about hunger, poverty, and the record high unemployment rates in the Inland Empire. Auralena McGrudar, San Bernardino, CA, asked what she could do to help the movie theater open faster and suggested several types of films that could be shown. p Jim Smith, San Bernardino, CA, stated that he was saddened to hear of the rn d Bill �+ passing of Mike Lozano and Bill Shear, announced that four members of the City p C Council were native to San Bernardino: Virginia Marquez, Robert Jenkins, Fred Shorett and Rikke Van Johnson, and that two native-born candidates were running V C for office: Esther Jimenez, for City Clerk, and David McKenna, for City O Attorney. V O O p M Jim Penman, San Bernardino, CA, spoke about his budget and the corruption at the former Norton Air Force Base. L- tQ p �! 28. Adi ournmant d The meeting adjourned at 7:45 p,m. The next joint regular meeting of the Mayor 0 and Common Council/Community Development Commission is scheduled for N LO 1 :30 p.m., Tuesday, September 6, 2011, 0 RACHEL G. CLARK, CMC d City Clerk 3 C .0 By c Linda Sutherland V Deputy City Clerk c a� E s Q 17 08/15/2011 Packet Pg.74 S.E.d Mayor Patrick J. Morris CITY OF SAN BERNARDINO Coun=ii MemWrs: 300 N. "D" S treet Virginia Marquez p Robert D.Brinker San Bernardino, CA 92418 Tobin Brinker 1 Website: www.sbcity.org Fred Shhurett San Bernar Ino Rikke Van Johnson Wendy McCammack Q� MINUTES = MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION _ OF THE CITY OF SAN BERNARDINO 'o U JOINT REGULAR MEETING SEPTEMBER 6,2011 COUNCIL CHAMBERS w The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by d, _ Mayor/Chairman Morris at 1:33 p.m., Tuesday, September 6, 2011, in the Council Chambers of City Hall, 300 North"D" Street, San Bernardino, California. o N Roll Call o Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, o Jenkins, Brinker, Shorett, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. _ Absent: Council Member/Commissioner Kelley. —_ U C Council Member/Commissioner Kelley arrived at 1:37 p.m. a Closed Session E Pursuant to Government Code Section(s): M Q A. Conference with legal counsel — existing litigation — pursuant to Government Code Section 54956.9(a): Jamora Allen and Jarriel Allen. Jr., through their Guardian Ad Litem Keyondra Marshall; Sherry Watson Individually and as Representative of the Estate of Jarriel Dashawn Allen: and Jerry Allen v. City of San Bernardino: Offi:cer Adam Affrunti; and Officer Chris Gray — San Bernardino Superior Court, Case No. CIVSS 805915; 1 09/06/2011 Packet Pg. 75 5.E.d Lorelei Geri Franke, et al. v. Jason B. Lim, et al. - San Bernardino Superior Court, Case No. CIVDS 903488; Cedric May Sr., Brenda Standifer, S.D.M. and S.J.M. minors by and through their guardian ad litem Sasha Graves Maurice Jenninjzs, Anthony Jennings, and Jashanda Sandi er v. City of San Bernardino Officer Joseph Aguilar, O�cer Jose Vasquez O icer Byron Clark O icer Langston Canri"ght, Officer Melissa Flint, and Sergeant James Beach — United States District Court, Case No. EDCV 10-00978 VAP; a� Martha Jo Peters v. City of San Bernardino et al — Riverside County Superior Court, Case No. RIC 1100706; U San Bernardino City Professional Firefighters Local 891 v City of San o Bernardino—PERB Unfair Practice Charge No. LA-CE-714-M. v 0 B. Conference with legal counsel — anticipated litigation — significant r exposure to litigation — pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: _ r 0 Q American Traffic Solutions v. City a C. Conference with legal counsel — anticipated litigation — initiation of `r'rr✓ litigation — pursuant to subdivision (c) of Government Code Section N 54956.9. 0 0 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 o 54957. v F. Conference with labor negotiator—pursuant to Government Code Section Ec 54957.6. Q G. Conference with real property negotiator — pursuant to Government Code Section 54956.8. Senior Assistant City Attorney Easland advised that the following items would be discussed in closed session: Under Agenda Item No. 1 B, significant exposure to litigation: Agenda Item Nos. 28& 30 2 09/06/2011 Packet Pg. 76 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory and honor of Mrs. Rose Brown. Invocation/Pledge of Allegiance The invocation was given by Elder Eddie Kelley of the Living Faith Gospel Church. The pledge of allegiance was led by Bethany Sahagun, a fifth grade student at E. Neal Roberts Elementary School. 2. Appointments 0 U There were no commission appointments. c M 3. Proclamations & Presentations a� Deborah Okogba, a consultant working with the City Manager's office, provided an update on the City's beautification day efforts; and Mayor Morris presented a proclamation designating September 10, 2011, as City Pride City-Wide day in the city of San Bernardino to Beverly Thomas of Southern California Edison, and thanked her for Edison's participation in the cleanup program. N m Dr. Dora Barilla of the Loma Linda University Medical Center and Dr. Albert c Arteaga, Chair of the Board of Directors for the Latino Health Collaborative, presented a $10,000 check to the City to help fund a master gardener for oversight in building and sustaining community gardens throughout the city in conjunction with the Healthy San Bernardino Project. 4. Announcements c U 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. w d 5. Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated September 6, 2011, be waived. The motion carried unanimously. 3 09/06/2011 Packet Pg. 77 5.E.d 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: June 20, 2011; June 28,2011; and June 29, 2011. The motion carried unanimously. 7. Claims and 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 30, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. C 0 U 8. Personnel Actions o M Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the personnel actions, as submitted by the Chief Examiner, dated September 1, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of Cb San Bernardino, be approved and ratified. The motion carried unanimously. CD 9. RES. 2011-251 - Resolution of intention authorizing an amendment to the N contract between the City of San Bernardino and the Board of c Administration of the California Public Employees' Retirement System. (2% o @ 55 for new miscellaneous employees) d Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-251 was adopted unanimously. 0 0 10. RES. 2011-252 -Resolution of the Mayor and Common Council of the City of v San Bernardino authorizing the City of San Bernardino to tax defer (D California Public Employees' Retirement System member paid contributions —IRC 414(h)(2). Q Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-252 was adopted unanimously. 11. RES. 2011-260 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No. 1 to the Transitional Services Agreement between the City of San Bernardino and Keith L. Kilmer. 4 09/06/2011 Packet Pg.78 5.E.d Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-260 was adopted with Kelley and McCammack voting"no." 12. RES. 2011-253 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding with the City of San Bernardino Water Department and an agreement with Federal Edge, Inc., for the purchase of a new Enterprise Backup System. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-253 was adopted unanimously. c 13. RES. 2011-261 -Resolution of the Mayor and Common Council of the City of v San Bernardino authorizing the City Manager to execute a Memorandum of o Understanding between Omnitrans and the City of San Bernardino and accept $336,000 of funding to be applied to the Nunez Park/Ruben Campos Center Renovation Capital Improvement Project(PR04-38). :r a� Council Member/Commissioner McCammack stated she would abstain because Omnitrans is a business client. She left the Council chambers and returned after the vote was taken. 0 Council Member/Commissioner Marquez made a motion, seconded by Council c Member/Commissioner Shorett, that said resolution be adopted; and that the c Director of Finance be authorized to amend the FY 2011-2012 budget to increase ' Revenue Account No. 243-160-4651-0000 by $336,000 and appropriate $336,000 into Expenditure Account No. 243-160-5504-7495-0025 as outlined in the staff report from the Director of Parks, Recreation and Community Services, dated August 22, 2011. The motion carried and Resolution No. 2011-261 was adopted with McCammack abstaining. c U 14. Item deleted = d E 15. Item deleted w Q 16. RES. 2011-254 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the United States Department of Justice for the San Bernardino Police Department to participate as a member of the Drug Enforcement Administration (DEA) Task Force. 5 09/06/2011 Packet Pg. 79 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-254 was adopted unanimously. 17. RES. 2011-255 - Resolution of the City of San Bernardino authorizing the execution of Memorandum of Understanding (MOU) C11223 with San Bernardino Associated Governments (SANBAG) defining the roles and responsibilities of the agencies for maintaining and operating San Bernardino Valley Coordinated Traffic Signal Timing Program Tiers 1, 2, 3, and 4. N Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-255 was adopted unanimously. c 18. RES. 2011-256 - Resolution of the City of San Bernardino approving 0 Amendment No. 1 to the 2-year Capital Improvement Program (2008-2010) for Measure I Local Expenditures. M Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-256 was adopted unanimously. 19. Item deleted 0 20. RES. 2011-257 - Resolution approving Jurisdiction Master Agreement No. c C12024 with the San Bernardino County Transportation Authority and the c Ch City of San Bernardino for partial funding of eligible projects identified in ' the Measure 1 2010-2040 Strategic Plan under the Valley Major Street Program-Arterial Sub-program. c Council Member/Commissioner Johnson made a motion, seconded by Council = Member/Commissioner Shorett, that said resolution be adopted. Resolution No. o 2011-257 was adopted unanimously. v w c 21. RES. 2011-258 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the termination of the Third Amendment to the a Waste Delivery Agreement between the County of San Bernardino and the Q City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-258 was adopted unanimously. 6 09/06/2011 Packet Pg. 80 22. RES. 2011-259 - Resolution of the City of San Bernardino authorizing and directing execution of a License Agreement with San Bernardino Community College District for an encroachment within "K" Street north of Grant Street, within the City, for the installation, operation, and maintenance of a private sewer pipeline. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-259 was adopted unanimously. 23. RES. 2011-262 - Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and the g San Bernardino Convention and Visitors Bureau dba Route 66 for in-kind support services for the 22nd annual Stater Bros Route 66 Rendezvous. 3 0 U Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. M 2011-262 was adopted unanimously. c 24. San Bernardino Hometown Military Banner Program Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the criteria for the San Bernardino Hometown Heroes Military Banner Program be approved. The motion carried N unanimously. W 0 0 Council Member/Commissioner Jenkins stated that he would like to see some way to honor the families of those military personnel who have made the ultimate 0 sacrifice. � 25. Position reclassification- Community Development Department 0 Council Member/Commissioner Brinker made a motion, seconded by Council U Member/Commissioner Marquez, that the Mayor and Common Council: 1) Reclassify Mobile Home Park Inspector position, Range 1490, $5,113 - E $6,215/month, to Building Inspector 11 position, Range 1460, $4,402 - o $5,351/month; 2) Delete Mobile Home Park Inspector position, Range 1490, Q $5,113 - $6,215/month; 3) Authorize the Director of Finance to incorporate the changes into the FY 2011/12 budget; and 4) Authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action. The motion carried unanimously. 7 09/06/2011 Packet Pg.01 26. Position reclassification - Community Risk Reduction Division of the Fire Department Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council: 1) Establish Community Fire Risk Reduction Supervisor position, Range 2500, $5,374 -$6,532/month; 2) Reclassify Fire Prevention Supervisor position, Range 2480, $4,864 - $5,912/month, to Community Fire Risk Reduction Supervisor position, Range 2500, $5,374 - $6,532/month; 3) Delete Fire Prevention Supervisor position, Range 2480, $4,864 - $5,912/month; 4) Approve job description as proposed; 5) Authorize the Director of Human Resources to update Resolution Nos. 97-244 and 2011-218 to reflect this action; and 6) Authorize the g Director of Finance to incorporate the changes into the FY 2011/12 budget. The motion carried with Kelley and McCammack abstaining. 0 U 27. Public Hearing—Amendment to Development Agreement No. 91-01 between o to the City of San Bernardino and the developer of the Inland Center Mall (Continued from August 15, 2011.) A resolution of the Mayor and Common Council of the City of San Bernardino approving First Amendment to Development Agreement No. 91- 01 between the City of San Bernardino and the developer of the Inland Center Mall, located at 500 South Inland Center Drive. 0 The hearing remained open. to 0 0 Staff requested a two-week continuance. as Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/ Commission meeting of September 19, 2011. The motion carried unanimously. 0 28. RES. 2011-263 -Resolution of the Mayor and Common Council of the City of v San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of s City services for Fiscal Years 2010/2011 and 2011/2012. (Continued from August 15, 2011.) Q City Manager McNeely noted that both City staff and the Water Board had recommended approval of this item. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-263 was adopted with Jenkins and Kelley voting "no" and McCammack abstaining. 8 09/06/2011 Packet Pg.82 5.E.d 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of agreements and issuance of annual purchase orders to All-star Fire Equipment in the amount of $60,000 and Fisher Scientific Company L.L.C. in the amount of $10,000 for replacement of protective clothing and equipment for structural firefighting. (Continued from August 15, 2011.) Note: No resolution was distributed with the backup materials. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the matter be tabled. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that the Mayor and c Common Council reject all bids and that the matter be tabled. The motion U carried unanimously. o M 30. Full Cost Allocation Plan Report and Right of Way Study (Continued from August 15, 2011.) c d as City Attorney Penman noted that this was a companion item to the Master Services Agreement in Agenda Item No. 28. Council Member/Commissioner Shorett made a motion, seconded by Council N Member/Commissioner Johnson, that the Mayor and Common Council authorize c the Director of Finance to begin implementation of the Full Cost Allocation Plan c and Right of Way Study. The motion carried with Jenkins, Kelley, and McCammack voting"no." d r c 31. Create four (4) new payroll line items to City Employees' Voluntary Charitable Contribution Choices 0 Council Member/Commissioner McCammack made a motion, seconded by v Council Member/Commissioner Shorett, that the City Manager direct the Director of Finance to create four(4) new payroll line items whereby City employees may s voluntarily donate to these specific four (4) existing bona fide 501(c)(3)s: Friends a of the Park, Friends of the Library, H.E.A.L. (Helping Every Animal League) and a Friends of C.I.D. (Center for Individual Development) and direct the City Attorney's Office in cooperation with the City Manager's Office to draft the necessary legal documents; and that the City Manager be directed to establish criteria for future similar requests that will be presented to the Mayor and Common Council at a future Council meeting. Mayor/Chairman Morris questioned whether they should have the criteria set before they embark on approving any of the items. 9 09/06/2011 Packet Pg.83 5.E.d Council Member/Commissioner Brinker stated that he would like the criteria to include an annual survey of City employees as to where they would like to see the money go. He noted that it would have to be something that provides a service to the city. Council Member/Commissioner McCammack amended her motion, seconded by Council Member/Commissioner Shorett, that the City Manager direct the Director of Finance to create four(4) new payroll line items whereby City employees may voluntarily donate to these specific four(4) existing bona fide 501(c)(3)s: Friends of the Park, Friends of the Library, H.E.A.L. (Helping Every Animal League) and Friends of C.I.D. (Center for Individual Development) and direct the City Attorney's Office in cooperation with the City Manager's Office to draft the necessary legal documents; and that the City Manager be directed to establish U criteria for future similar requests that will be presented to the Mayor and Common Council at a future Council meeting; and that the matter regarding 0 criteria be referred to the Legislative Review Committee. The motion carried o unanimously. r COMMUNITY DEVELOPMENT COMMISSION E w a� Present: Mayor/Chairman Morris, Council Members/Commissioners Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. N R32. RES. CDC/2011-56 - Resolution of the Community Development o Commission of the City of San Bernardino approving and ratifying the filing of an Enforceable Obligations Payment Schedule as required by ABx126. _ Council Member/Commissioner McCammack stated she would abstain because $1.2 million was listed for the Omnitrans sbX system, and Omnitrans is a business client. She left the Council chambers and returned after the vote was o taken. w Council Member/Commissioner Brinker made a motion, seconded by Council E Member/Commissioner Marquez, that said resolution be adopted. Resolution a No. CDC/2011-56 was adopted with McCammack abstaining. Note: Although not related to Agenda Item No. R32,Mr. Marzullo distributed the following two documents to the Mayor and Council: • Regional Intelligence Report prepared by Beacon Economics, LLC — September 2011 • Downtown Vision, Issue 15, July/August 2011 10 09/06/2011 Packet Pg. 84 S.E.d 33. Public Comments Betty Jean Long, San Bernardino, CA, stated that the City would have to quit spending or it would go broke. Ron Coats, San Bernardino, CA, provided a laundry list of all the things he thinks are wrong with the City and those things that he thinks are right with the City. David McKenna, San Bernardino, CA, spoke regarding the City Attorney's caseload and his refusal to reduce staff in order to have the necessary funds to pay ZI for the outside attorneys he has hired on behalf of the City. _ James Smith, San Bernardino, CA, stated that it is time for a change in San Bernardino—time for a new City Attorney. 0 U James Penman, San Bernardino, CA, refuted the comments made by Mr. o McKenna regarding the caseload of the City Attorney's office and endorsed Amelia Sanchez-Lopez for City Clerk. _ 34. Adjournment At 5:08 p.m., Mayor/Chairman Morris adjourned the meeting in memory of 12- year-old Jonathan Olagues, one of Council Member/Commissioner Brinker's students at Frisbee Middle School in Rialto, who lost his life in a hit-and-run accident while riding his skateboard. CD 0 0 The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, September 19, 2011. RACHEL G. CLARK c City Clerk U _ d E By: Linda E. Hartzel Q Deputy City Clerk 11 09/06/2011 Packet Pg.85