HomeMy WebLinkAbout05-17-2010 Minutes
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CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Jason Desjardins
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 17, 2010
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:37 p.m., Monday, May 17, 2010, in the Council
\....- Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Shorett, Kelley, McCammack; City Attorney Penman; City
Manager McNeely; City Clerk Clark.
Absent:
Council Members/Commissioners Brinker and Johnson.
Council Member/Commissioner Brinker arrived at 3:19 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Susan Hulse v. LAFCO & City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVDS 1002077;
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City of San Bernardino v. Charter Communications, Inc. - San
Bernardino County Superior Court, Case No. CIVSS 808842;
City v. Dainn Caldera - San Bernardino County Superior Court, Case
No. CIVDS 916001;
Citizens for Responsible Equitable Environment Development v. City of
San Bernardino, et al. - San Bernardino County Superior Court, Case
No. CIVDS 918169.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Two Cases
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
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D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
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.
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Moment of Silence
A moment of silence was observed in memory of Dr. Rosa Gonzalez.
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Invocation/Pledge of Allegiance
The invocation was given by Pastor Ray Egenes of Highland Avenue Lutheran Church,
The pledge of allegiance was led by Nathali Torres, a fifth grade student at Rio Vista
Elementary School.
2, Appointments - Various Committees - Mayor Morris
k Council Member Tobin Brinker - Inland Valley Development Agency
B, Council Member Fred Shorett - Inland Valley Development Agency
(alternate)
C Council Member Virginia Marquez - Omnitrans Board (alternate)
D. Council Member Virginia Marquez - San Bernardino Associated
Governments (alternate)
E. Council Member Rikke Van Johnson - San Bernardino International
Airport Authority
F Council Member Tobin Brinker - San Bernardino International Airport
Authority (alternate)
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Public Comments
Robert Jenkins
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the appointments A-F, as requested by
Mayor Morris, be approved. The motion carried by the following vote:
Ayes: Marquez, Desjardins, Brinker, Shorett. Nays: Kelley. Abstentions:
McCammack. Absent: Johnson.
3, Proclamations & Presentations
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name
Department
Years of Service
Stephanie Easland
Angela Rodriguez
Wanda Debarge
Valerie Ross
Michael Gomez
Elva Vizcaino
City Attorney
City Attorney
Development Services
Development Services
Finance
Finance
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5
10
25
5
5
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The Mariachi Youth Academy (the official Bicentennial mariachi group), under
the direction of Oscar Tostado, performed three musical numbers and were
presented with a check in the amount of $200 by Art Guerrero, former member
of the Bicentennial Committee.
Jane Sneddon, a member of the Bicentennial Committee and Chairman of the
Parade Committee, provided information on the Bicentennial Parade to be held
Saturday, May 22, at 4 p.m.
A wards were presented to the winners of the Bicentennial Beautification
Contest, as follows:
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. Residence/Neighborhood Category - Robert and Shirley White, whose
award was accepted by their neighbor, Dr. Victoria Seitz
. Multi-family Dwelling Category - Luis Campos.
. Business Category - Kohl's Department Stores Distribution Center
. Community Organization Category (three winners) - 1) Boy Scout Troop
434, DMV Neighborhood Association and St. John's Episcopal Church
working collaboratively; 2) Inland Empire Job Corps Center; and 3)
thirteen organizations that collaborated together-the Mt. Vernon and
Delmann Heights Neighborhood Associations, California Gardens
Association, San Bernardino County Nutrition Program, San Bernardino
Parks and Recreation Department, Operation Phoenix Foundation,
NAACP, San Bernardino Green Alliance, Cub Scout Pack #48, Rio
Vista Elementary School C.A.P.S. Program, Mardi Gras Restaurant,
Inland Orange Conservancy, Temple Learning Center, and neighborhood
residents.
Mayor Morris presented a proclamation declaring the week of May 16-22,
2010, as Public Services Week to Randy Kuettle, Acting Director of Public
Services, and City Engineer Robert Eisenbeisz.
Council Member McCammack presented a Student of the Month award to both
Jesse Cesena and Tatiana Williams, seventh grade students at New Vision
Middle School.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
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5.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried with
Johnson absent.
6. Council Minutes
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: March
25-27,2010; April 19, 2010. The motion carried with Johnson absent.
7.
Claims & Payroll
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated May 5, 2010,
from Barbara Pachon, Director of Finance, be approved. The motion carried
with Johnson absent.
8.
Personnel Actions
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated May 13, 2010, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino, be approved and ratified. The motion carried with
Johnson absent.
9A. RES. 2010-104 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino for
legal services in the case of Lee Wayne Jones, et aI. v. City of San
Bernardino, et al., United States District Court Case No. ED CV-08-00187
VAP.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-104 was adopted with Johnson absent.
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9B.
RES. 2010-114 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Shirley Ogata and the City of San Bernardino for
temporary attorney services in the City Attorney's Office.
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City Attorney Penman explained that although the agenda listed Item No. 9B as
being a Professional Services Agreement between the City and Edward Hsu,
Mr. Hsu had declined the position. Therefore, a replacement staff report,
resolution and Professional Services Agreement between the City and Shirley
Ogata had been distributed to the Mayor and Council for consideration.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the replacement resolution and
Professional Services Agreement between the City and Shirley Ogata arose
subsequent to the posting of the agenda. The motion carried with Johnson
absent.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2010-114 was adopted with Johnson absent.
10.
RES. 2010-105 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Liebert, Cassidy, Whitmore and the City of San
Bernardino in the case of Steve Lowes v. Michael Billdt, et aI., United States
District Court Case No. EDCV 09-2215 V AP (OPX).
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-105 was adopted with Johnson absent.
II. RES. 2010-106 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Liebert, Cassidy, Whitmore and the City of San
Bernardino in the case of Michael Desrochers and Steve Lowes v. City of San
Bernardino, et al. San Bernardino Superior Court Case No. CIVSS 708367.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-106 was adopted with Johnson absent.
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12.
Set budget hearing dates for Fiscal Year 2010/11 budget
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the Mayor and Common Council set the
following budget hearing dates at 5 p.m. in the Economic Development Agency
Boardroom to review the FY 2010/2011 City and Economic Development
Agency Budgets: Tuesday, June IS, 2010; Wednesday, June 16, 2010;
Wednesday, June 23, 2010; Wednesday, June 30, 2010. The motion carried
with Johnson absent.
13. RES. 2010-107 - Resolution of the City of San Bernardino approving an
Agreement for Services with MCO Document Imaging Solutions for the
provision of document imaging services.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-107 was adopted with Johnson ahsent.
14. Authorization to proceed - sale of a portion of City property generally
located on the north side of Kendall Drive, east of "H" Street, and
resolutions declaring property surplus, establishing fair market value and
setting a public hearing
RES. 2010-115 - Resolution of the City of San Bernardino establishing a fair
market value and sales price of $10,800 for a portion of certain City owned
property and declaring the intention of the City to sell the property
generally located north of Kendall Drive and east of "H" Street, to Geoff
Wood, and setting a public hearing for June 21, 2010, at 4:00 p.m. to
consider said sale. (14A)
RES. 2010-116 - Resolution of the City of San Bernardino establishing a fair
market value and sales price of $8,500 for a portion of certain City owned
property and declaring the intention of the City to sell the property
generally located north of Kendall Drive and east of "H" Street, to the
Lyndon Allen Farrar Trust, V.A.D. 10-5-90 (Castaways Restaurant), and
setting a public hearing for June 21, 2010, at 4:00 p.m. to consider said
sale. (14B)
Council Member/Commissioner McCammack stated that she would abstain
because this matter involved one of her business clients. She left the Council
Chambers and returned after the vote was taken.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that the Director of Development Services be
authorized to proceed with the sale of City property generally located on the
north side of Kendall Drive, east of "H" Street; and that said resolutions A and
B, be adopted. The motion carried and Resolution Nos. 2010-115 and 2010-
116 were adopted with McCammack abstaining and Johnson absent.
15.
RES. 2010-117 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order to Commercial Roofing Systems, Inc. for the roof
replacement at the Police Department Annex "B".
Council Member McCammack stated that it would be helpful if the staff reports
included the reasons why local businesses did not respond to the bid request.
Council Member Kelley suggested holding a workshop for local contractors who
would like to do business with the City to afford them an opportunity to meet
with staff regarding the City's policies, bid process, etc.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the bid from ADCO Roofing, Inc.
be found non-responsive because the wrong bid schedule was used; and that said
resolution be adopted. The motion carried and Resolution No. 2010-117 was
""""., adopted with Desjardins and Johnson absent.
16A. RES. 2010-108 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a one-year extension of the term of the
Agreement with the Counseling Team International.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-108 was adopted with Johnson absent.
16B. RES. 2010-118 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Consultant Services
Agreement between Atkinson, Andelson, Loya, Ruud and Romo and the
City of San Bernardino for labor negotiator services in the Human
Resources Department.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2010-118 was adopted with McCammack voting "no" and Johnson
absent.
17. Item deleted
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18.
RES. 2010-119 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order with two one-year renewal options to Harris Computer Systems for
maintenance of the City's financial system.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-119 was adopted with Kelley voting "no" and Johnson absent.
19. RES. 2010-109 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a contract with
the County of San Bernardino Department of Aging and Adult Services
(DAAS), accepting the proposal amount of $176,960 for the period of July
1,2010 through June 30,2011 for the Senior Nutrition Program.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-109 was adopted with Johnson absent.
20.
RES. 2010-110 - Resolution of the City of San Bernardino authorizing a
Service Agreement with TRL Systems of Ontario, California, for a
surveillance camera system upgrade at the San Bernardino Police
Department's headquarters.
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-110 was adopted with Johnson absent.
21. RES. 2010-111 - Resolution of the City of San Bernardino authorizing the
obligation and expenditure of the allocated FY 2010-2011 Justice Assistance
Grant (JAG) funds and execution of a JAG Interlocal Agreement between
the City of San Bernardino and County of San Bernardino.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-111 was adopted with Johnson absent.
22. RES. 2010-112 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment and increase
to annual Purchase Order Number 210404 by $20,000 to San Bernardino
Paint for additional paint products and materials.
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-112 was adopted with Johnson absent.
23.
RES. 2010-113 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order to Fairview Ford of San Bernardino in the amount of
$78,412.68 pursuant to section 3.04.010-B3 of the Municipal Code for the
purchase of one (1) 2011 F-450 reserve Paramedic Squad Vehicle, to be
utilized by the Fire Department.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized to
amend the FY 2009/10 budget by appropriating $32,600 from the Fire
Development Impact Fee funds to Account No. 262-482-5701, in accordance
with the staff report from Randy KuettIe, Acting Director of Public Services,
dated May 6, 2010; and that said resolution be adopted. The motion carried
and Resolution No. 2010-113 was adopted with Johnson absent.
24.
RES. 2010-120 - Resolution of the City of San Bernardino ratifying the
submittal of the FY 2009-10 State Homeland Security Grant-Law
Jurisdictions Proposed Project to the San Bernardino County Office of
Emergency Services and authorizing the obligation and expenditure of those
grant funds for an Information Sharing-Mobile Communications
Enhancement project.
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Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2010-120 was adopted with Johnson absent.
25. RES. 2010-121 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of Renewal Local Incentive Award
Grant application for a Network for Healthy California (NETWORK) grant
in the amount of $98,495 for a one-year period - October 1, 2010 through
September 30,2011.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2010-121 was adopted with Johnson absent.
26. Appeal Hearing - Denial of Fireworks stand application submitted by
Inland Empire Chorus/Sweet Adelines
Mayor/Chairman Morris opened the hearing.
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City Clerk Clark provided an overview of the staff report, advising that Section
8.60.050B of the Municipal Code states that, "Each such applicant must have its
principal and permanent meeting place in the corporate limits of the City and
must have been organized and established in the City's corporate limits for a
minimum of one year continuously preceding the filing of the application for the
license, and must have a bona fide membership of at least twenty members."
She advised that after researching all pertinent information regarding the Inland
Empire Chorus/Sweet Adelines it became clear that they do not have their
principal and permanent meeting place within the corporate limits of the city.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
Ann Pearson, Special Events Coordinator, Inland Empire Chorus Chapter/Sweet
Adelines, that she would provide true and honest testimony.
Ms. Pearson read a statement into the record regarding historical information
relative to the name of the organization and previous and present addresses. She
acknowledged that they did not qualify during the past year insofar as permanent
meeting place status was concerned, but stated that if the board (which is part of
the chorus) conducts its board meetings in the city of San Bernardino each
month, she was hopeful the City would keep them in mind and accept the board
as the entity by which they could qualify next year.
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Council Member/Commissioner Kelley stated that it was his understanding that
the decision to be made today was in the full discretion of the Council.
City Attorney Penman advised that this was not correct-that the Council has to
follow the ordinance and is limited in power. He stated that municipalities are
required to follow their own laws-their own ordinances.
Mr. Kelley stated that he needed clarification, because the Council has had
people come before them with appeals in the past.
City Clerk Clark stated that the previous appeals related to different
circumstances.
Council Member/Commissioner Kelley stated that this puts the Council in a
very difficult position, because as someone who was on the committee when
they were working through these ordinances, it was a compromise at the time,
because there was a strong push to ban fireworks in the entire city of San
Bernardino. So a compromise was worked out that there would be no fireworks
allowed (for use or sale) north of the 210 Freeway-then the 30 Freeway-as a
way to allow organizations to continue to fundraise and do the good things they
do in the community. He stated he was inclined to go toward Motion #2, to
grant the appeal; however, he was hearing that there would be legal problems
by taking that action.
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Council Member/Commissioner McCammack asked for a list of all of the other
applications that have been approved. She stated that she thought that part of
the dilemma when this ordinance was first put into place, was that each group
had something different or special about it. For instance, the coaches or
organizers may not have lived in San Bernardino, but they served hundreds of
San Bernardino kids. Then some claimed that the majority of the kids did not
live in San Bernardino, so the ordinance was narrowed down to a fine line as to
qualifying requirements.
Referring to a letter from the appellant, she stated that she knew for a fact that
all of the events were accurate as to where this group of singers performed, and
that it was all for nonprofit organizations, several of which belong to the city of
San Bernardino. So, that part of it alone seems to support that the majority of
their performances seem to be in the city of San Bernardino. She stated that she
would like to see them make the decision to approve this application.
Council Member/Commissioner McCammack made a motion that the hearing be
closed; and that the Mayor and Common Council grant the appeal and allow the
fireworks stand application to be submitted by Inland Empire Chorus/Sweet
Adelines. The motion failed for lack of a second.
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Council Member/Commissioner Kelley stated he would like to second Ms.
McCammack's motion; however, what he was hearing was that this would not
be allowed.
City Attorney Penman pointed out that the Mayor and Council did pass the
ordinance and it was very definitive and they did not have any leeway, by law.
He stated that even with a group such as this, which they are all sympathetic to
and would probably love to see them have a fireworks stand, they have to
follow the law.
He read the exact verbiage of Section 8.60.050B of the Municipal Code into the
record, stating that the City Clerk's interpretation and argument is correct and
the Council's hands are tied. He stated that if the Council wanted to amend this
section of the ordinance, the remedy would be to refer this section of the
Municipal Code to the Legislative Review Committee (LRC).
Council Member/Commissioner Desjardins stated that it was his understanding
that this strict interpretation was discriminatory in a way, citing the fact that it
was a continuing business (although under another name) and other issues
regarding addresses.
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Mr. Penman advised that this was not an issue about whether the business was a
continuing business-it was about whether their principal and permanent
meeting place is in the corporate limits of the city.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack that Section 8.60.050 of the Municipal
Code be referred to the LRC.
Mr. Penman stated it would be appropriate to send this matter to the LRC;
however, he did not know if there was time for two readings of the ordinance
with the time constraints they are facing.
City Clerk Clark stated that the problem with not making a decision today is that
the time is running very fast and depending on the outcome of this hearing,
there will be either eight or nine open spots. She indicated there were a total of
18 new applicants. Of the 18 new applicants, 9 were approved and 9 were
denied. So depending on the outcome of this hearing, there will be either eight
or nine open spots. If there are only eight, then there will have to be a drawing
tomorrow.
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Council Member/Commissioner Kelley stated that he would like to amend the
motion to refer it to LRC as an urgency item so they can get it agendized and
get the committee to hear it and to review the letter of the law to see what the
committee recommends to the Council. The motion failed for lack of a
second.
Mr. Penman stated that the urgency would be for LRC to hear it, because it
would not meet the requirements for an emergency ordinance. He stated that
the Charter requires a minimum of five days between the first and second
reading; and if the Mayor signs it, then there are 30 days from the date the
Mayor signs it before it takes effect. He added that it could possibly be done;
however, it is never a good idea to legislate in a rush.
Mayor Morris stated that the LRC needs to meet with the deputy city attorney,
but the City Clerk still needs to give them her time lines because there are nine
other organizations out there who need to know whether they have a booth or
not.
City Clerk Clark stated that the concern she has is that the drawing would have
to take place the next day, if they need to have a drawing; and it delays the
fireworks companies, the nonprofit organizations that are waiting to see if they
have been approved or not, etc.
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Council Member/Conunissioner Brinker stated that they need to take their time
with how they do this ordinance, which would probably mean that Sweet
Adelines would be out for this year.
Council Member/Conunissioner Desjardins stated that changing the ordinance
could open Pandora's Box-that he did not support changing the ordinance, even
though he would like to see the appellant qualify to sell fireworks in the city.
The motion made by Council Member/Conunissioner Kelley, seconded by
Council Member McCanunack, to refer the matter to the LRC resulted in a tie
by the following vote: Ayes: Marquez, Kelley, McCammack. Nays:
Desjardins, Brinker, Shorett. Absent: Johnson.
Mayor/Chairman Morris broke the tie with a "no" vote, and the motion
failed.
Council Member/Conunissioner McCanunack stated that she would like to have
a better explanation regarding the organizations that have been approved as
three of them have the same address. She asked for a copy of the specifics on
all 35 of the organizations that are ultimately approved.
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Mr. Penman advised that he knew that the three organizations at the same
address on E Street are three different organizations that meet at the same
location.
Council Member/Conunissioner Brinker stated that he supported the
organization; however, the Council's hands are tied at this time. He stated that
they need to amend the ordinance, but it needs to be done in the proper manner.
Council Member/Conunissioner Marquez stated that as chair of the LRC, she
wants to look into this, but she doesn't want to do it in a hurry.
Council Member/Conunissioner Brinker made a motion, seconded by Council
Member/Conunissioner Shorett, that the hearing be closed; and that the Mayor
and Conunon Council uphold the decision of the City Clerk to deny the
fireworks stand application submitted by Inland Empire Chorus/Sweet Adelines.
The motion carried with Kelly and McCammack voting "no" and Johnson
absent.
27. RES. 2010-122 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino to enter into a
new standard agreement with the Department of Mental Health-Patton
State Hospital. (Continued from May 3, 2010)
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-122 was adopted with Johnson absent.
28.
Ordinance of the City of San Bernardino amending City of San Bernardino
Municipal Code to delete Title 2, Chapters 2.77 (Facilities Management
Department) and 2.80 (Animal Control Department). FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said ordinance be laid over for
final adoption; and that staff be directed to make any additional corresponding
changes to the City of San Bernardino Municipal Code. The motion carried
with Kelly voting "no" and Johnson absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, McCammack; Senior Assistant
City Attorney Wilson; Economic Development Agency Interim
Executive Director Marzullo and Agency Counsel Sabo; City Clerk
Clark.
'c". ,.."~'
Absent:
Council Member/Commissioner Johnson.
R29. Elimination of Debt Limits for three (3) Redevelopment Agency of the City
of San Bernardino Project Areas (Meadowbrook/Central City, Central City
East and Central City South Redevelopment Project Areas) (Continued from
May 3, 2010)
MEADOWBROOK/CENTRAL CITY
Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the Meadowbrook/Central City
Redevelopment Project Area. FIRST READING (R29A)
RES. 2010-123 - Resolution of the Mayor and Common Council of the City
of San Bernardino electing the statutory pass-through pursuant to Health
and Safety Code Section 33607.5(b) for the Meadowbrook/Central City
Redevelopment Project. (R29B)
CENTRAL CITY EAST
Ordinance of the Mayor and Common Council of the City of San
Bernardino eliminating the debt incurrence deadline for the Redevelopment
Plan for the Central City East Redevelopment Project Area. FIRST
READING (R29C)
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'.""'"....,..
R30.
RES. 2010-124 - Resolution of the Mayor and Common Council of the City
of San Bernardino electing the statutory pass-through pursuant to Health
and Safety Code Section 33607.5(b) for the Central City East
Redevelopment Project. (R29D)
CENTRAL CITY SOUTH
Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the Central City South
Redevelopment Project Area. FIRST READING (R29E)
RES. 2010-125 - Resolution of the Mayor and Common Council of the City
of San Bernardino electing the statutory pass-through pursuant to Health
and Safety Code Section 33607.5(b) for the Central City South
Redevelopment Project. (R29F)
Public Conunents
Warner Hodgdon, San Bernardino, CA.
Council Member/Conunissioner Brinker made a motion, seconded by Council
Member/Conunissioner Shorett, that said Ordinances A, C, and E be laid over
for final adoption; and that said Resolutions B, D, and F be adopted. The
motion carried and Resolution Nos. 2010-123, 2010-124, and 2010-125 were
adopted with McCammack voting "no" and Kelley and Johnson absent.
Vanir Construction Management, Inc. - Professional Services Agreement to
complete the Seismic and Building Addition Integration, Preliminary
Estimate and Functional Study at the California Theatre of the Performing
Arts
RES. 2010-126 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and consenting to the funding of a
Professional Services Agreement by and between the Redevelopment Agency
of the City of San Bernardino and Vanir Construction Management, Inc.,
for the Seismic and Building Addition Integration, Preliminary Estimate
and Functional Study Project at the California Theatre of the Performing
Arts ("California Theatre") and making certain findings and
determinations pursuant to Health and Safety Code Section 33445.1 as to
the benefit to the State College Redevelopment Project Area for the
undertaking of the preliminary estimate and the functional study of the
California Theatre, future building addition proposals and the existing
buildings located on the block bounded by 4'h, 5th, "E" and "F" Streets
(Central City North Redevelopment Project Area). (R30A)
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RES. CDC/2010-26 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Professional Services Agreement by
and between the Agency and Vanir Construction Management, Inc. for the
seismic and building addition integration, preliminary estimate and
functional study project at the California Theatre of the Performing Arts
(Central City North Redevelopment Project Area). (R30B)
Public Comments
Warner Hodgdon, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said Resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2010-126 and Community
Development Commission Resolution No. CDC/2010-26 were adopted with
Kelley and Johnson absent.
R31.
Phillips Construction, Inc, - Public Works Construction Contract for the
American's with Disabilities Act ("ADA") Ramps and Sidewalks Project at
various locations Citywide - Phase I
~
RES. CDC/2010-27 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Public Works Construction Contract
by and between the Agency and Phillips Construction, Inc., for the
construction of American's with Disabilities Act ("ADA") Ramps and
Sidewalks Project at various locations Citywide - Phase I (lVDA
Redevelopment Project Area).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2010-27 was adopted with Johnson absent.
R32. Professional Services Agreements: Rosenow Spevacek Group, Inc. (Area B
West Project Areas Merger and Plan Amendments) and RBF Consulting
(Program EIR - Area B West Project Areas Merger and Plan Amendments)
""'-
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Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to
execute a Professional Services Agreement by and between the Agency and
Rosenow Spevacek Group, Inc., to provide consultant services in connection
with merging and amending certain redevelopment project areas for the
proposed Area B West Project Areas Merger and Plan Amendments (State
College, Central City West, Northwest, Uptown, Mt. Vernon and 40th Street
Redevelopment Project Areas). (R32A)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to
execute a Professional Services Agreement by and between the Agency and
RBF Consulting, to provide consultant services in connection with the
preparation of a Program Environmental Impact Report for the proposed
Area B West Project Areas Merger and Plan Amendments (State College,
Central City West, Northwest, Uptown, Mt. Vernon and 40'h Street
Redevelopment Project Areas).
(R32B)
~
Council Member/Commissioner McCammack stated that she would be
abstaining because she owns property in the Uptown Redevelopment Project
Area. She left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Desjardins stated that he would abstain because
he owns property in the Tri-City Redevelopment Project Area. He left the
Council Chambers and returned after the vote was taken.
Public Comments
Warner Hodgdon, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolutions A and B, be adopted.
The motion failed with Kelley voting "no," Desjardins and McCammack
abstaining, and Johnson absent.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of June 7, 2010. The motion carried with Desjardins
and McCammack abstaining and Johnson absent.
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R33. San Bernardino Auto Center Association - Development Financing and
Participation Agreement and an Assignment of Deposit to develop and
construct a free standing electronic reader board sign at the San Bernardino
Auto Center (Southeast Industrial Park Redevelopment Project Area)
RES. CDC/2010-28 Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Development Financing and
Participation Agreement by and between the San Bernardino Auto Center
Association and the Agency and approve an Assignment of Deposit for a
certain reader board sign (Southeast Industrial Park Redevelopment Project
Area).
Public Comments
Warner Hodgdon, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. CDC/2010-28 was adopted with Johnson and McCammack absent.
34. 2010-2011 Budget Revenue Strategies
"..~".~ -
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the matter be continued to the Council/
Commission meeting of June 7,2010. The motion carried with McCammack
voting "no" and Johnson absent.
35. Public Comments
Carmen Dominguez Nevarez, a cItizen of San Bernardino since 1948 and
retired educator, announced that she has authored two historical books, her own
autobiography and a book about Cesar Chavez; and asked Mayor Morris and the
Bicentennial Committee to designate 2966 Park Avenue in the Del Rosa area as
a historical site.
Fatima Cristerna, San Bernardino, CA, spoke on behalf of her father regarding
an Administrative Citation letter he had received from the City Attorney's office
and the fear it has instilled in her family regarding possible loss of their home.
Barbara Babcock, San Bernardino County Green Alliance, stated that if there
is one place for job opportunities and a future it is in "green" jobs. She
announced that on Friday, May 21, there would be a Community Visioning
Conference from 9 a.m. to 2:30 p.m. at Cal State San Bernardino with lunch
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being served-all for free. Interested persons can call 909/880-9780 or apply
on-line at sbgreenalliance.org. She also spoke regarding the Home of
Neighborly Services, stating that she can be contacted at barbarababcock@
gmail.com.
Warner Hodgdon, San Bernardino, CA, spoke regarding a regional park at the
Arrowhead Springs Area, a "black book" given to Mayor Morris that showed
an auto center between the two malls, and backup materials for the upcoming
budget meeting on May 25.
36. Adjournment
At 6:39 p.m. the meeting adjourned to 5 p.m., Tuesday, May 25, 2010 in the
Economic Development Agency Boardroom, 201 North "E" Street, San
Bernardino, CA for a Council Retreat follow-up meeting.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for Monday, June 7,2010.
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RACHEL G. CLARK
City Clerk
By: ~j ~- ~. f:J4J
Linda E. Hartzel
Deputy City Clerk
\........
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