Loading...
HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor PaLrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack "" MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 7,2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and Joint Powers Financing Authority of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:36 p.m., Tuesday, September 7, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; Assistant City Manager Kurita; City Clerk Clark. Absent: Council Member/Commissioner Brinker. Council Member/Commissioner Brinker arrived at 3:17 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a). 09/0712010 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) One Case (Deemed Approved Ordinance) C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Fire Safety General Mid- Management Police Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City Redevelopment Project Area I. Property Address: 385 North "E" Street, Downtown San Bernardino (formerly the Los Espifios Mexican Restaurant) APN: 0134-241-64 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Merchants Bank of California as the owner Under Negotiation: Purchase price, terms and conditions 2 09/07120 to Central City North Redevelopment Project Area 2. Property Address: The Agency-owned former CinemaStar Theater 4th and "E" Streets, San Bernardino Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and authorized representatives of Regal Entertainment, United Entertainment Company, Atlas Bros./Cinema West and Brenden Theater Under Negotiation: Lease or purchase price, terms and conditions City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item No. lA, Existing Litigation: Judith Little, et al. v. City of San Bernardino, et al. - U.S. District Court, Case No. CV-09-06068-SVW(CWx). Under Agenda Item No. IB, Significant Exposure to Litigation: Legal Issues on Agenda Item Nos. 18 and 27. Closed Session - Public Comments Attorney Bill Lemann stated that he was present on behalf of Dave McCorkle and the Barketts of Atlas Bros./Cinema West to once again let the Mayor and Council know that they are prepared to do their due diligence, that they have the ability now to close the deal, to purchase the facility, to make the renovations to the theatre, and to open the facility as a major theatre downtown. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and San Bernardino Joint Powers Authority. Moment of Silence A moment of silence was observed m memory of Hiram Diaz and Sherri Marie Roberts. 3 09/07/2010 Invocation/Pledge of Allegiance The invocation was given by Pastor Sandra Tice of the First Presbyterian Church. The pledge of allegiance was led by Alissa Cervantes, a fifth grade student at Urbita Elementary School. 2. Appointments Alfred G. Perez, Jr. - Animal Control Commission - Council Member Marquez (2A) Jane Ann Godager - Animal Control Commission - Council Member Desjardins (2B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the appointments of Alfred G. Perez, Jr. and Jane Ann Godager, as requested by Council Members Marquez and Desjardins, be approved. The motion carried unanimously. 3. Presentations Wayne Austin and Karen Blanco of the Convention and Visitors Bureau provided information on the 21" Annual Stater Bros. Route 66 Rendezvous, which will be held September 16 through 19 in downtown San Bernardino. Jim Gerstenslager, Director of the Western Region Little League Headquarters, presented a report on the recent Little League Tournament held in San Bernardino and the Little League World Series held in Williamsport, Pennsylvania and told about plans for future renovations and projects at the San Bernardino Headquarters. Mitch Alderman, PE, Director of Transit and Rail Programs, San Bernardino Associated Governments (SANBAG), provided a brief PowerPoint presentation on the Redlands Passenger Rail Project. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, Member/Commissioner Brinker, that full reading of seconded by Council the resolutions and 4 09/0712010 ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and Joint Powers Financing Authority, be waived. The motion carried unanimously. 6. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 18, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 7. Personnel Actions Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated September 2, 2010, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried with McCammack abstaining. 8. RES. 2010-291 - Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and the San Bernardino Convention and Visitors Bureau dba Route 66 for in-kind support services for the 21st Annual Stater Bros Route 66 Rendezvous. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-291 was adopted unanimously. 9. RES. 2010-300 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Side Letter Agreement to Resolution No. 2007-343 with Middle Management Employees Bargaining Unit amending Article III - Compensation: Section 1 - Wages; Article III - Compensation: Section 6 - Overtime, Subsections (A) and (C); Article V - Leaves: Section 2 - Holidays, Subsection (E); Article VII - General Provisions: Section 4 - Term of Memorandum of Understanding; and adding Subsections (A) through (D) to Article III - Compensation: Section 5 - PERS; adding Subsection (J) to Article III - Compensation: Section 6 - Overtime; and adding Section 11 - Merit Increases to Article III, Compensation. 5 09/07/2010 Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-300 was adopted unanimously. 10. Item deleted I I. RES. 2010-301 - Resolution of the Mayor and Common Council of the City of San Bernardino canceling the agreement approved November 7, 2005 between the City of San Bernardino and the Blast Soccer Club for use of soccer fields at AI Guhin Park and authorizing the City Manager to execute a new agreement between the City of San Bernardino and the Alliance Futbol Club for a five year term. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-301 was adopted unanimously. 12. RES. 2010-292 - Resolution of the Mayor and Common Council authorizing the City Manager to execute a contractual agreement between the City of San Bernardino and the San Bernardino City Unified School District for shared use of the recreation facilities at the Galaxy Building and Norton Recreation Center for one year August 1, 2010 through July 31, 2011 with four optional single year renewals. City Attorney Penman abstained because his wife is a member of the school board. He advised that Special Counsel Sabo had reviewed and signed the resolution. Council Member/Commissioner McCammack stated she would abstain because the school district is a business client. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-292 was adopted with McCammack abstaining. 6 09/07120 t 0 13. RES. 2010-293 - Resolution of the City of San Bernardino authorizing the Police Department to join the Information Sharing Initiative known as the Southern California Law Enforcement Information Exchange (SoCal LInX) hosted by the U.S. Navy. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-293 was adopted unanimously. 14. RES. 2010-294 - Resolution of the City of San Bernardino authorizing the City Manager of San Bernardino to execute the Crossing Guards Service Agreement with the RiaIto Unified School District for the operation of the School Crossing Guard Program at Myers Elementary School and Kelley Elementary School by the Police Department. Council Member/Commissioner Brinker stated he would abstain because he is employed by the Rialto Unified School District. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-294 was adopted with Brinker abstaining. 15. RES. 2010-295 - Resolution by the Mayor and Common Council authorizing the City Manager to execute Amendment No. 5 to the Services Agreement with the San Bernardino City Unified School District for the operation of the School Crossing Guard Program by the Police Department. City Attorney Penman abstained because his wife is a member of the school board. He advised that Special Counsel Sabo had reviewed and signed the resolution. Council Member/Commissioner McCammack stated she would abstain because the school district is a business client. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-295 was adopted with McCammack abstaining. 16. RES. 2010-296 - Resolution of the Mayor and Common Council authorizing execution of Amendment No. 3 to the Agreement for Crossing Guard Services with All City Management Services for crossing guard position at Victoria Elementary School (Redlands Unified School District). 7 09/0712010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-296 was adopted unanimously. 17. RES. 2010-297 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $80,075 to R.W. Beck, Incorporated for a Sewer Collection Fee Update and an Integrated Waste Rate Study. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-297 was adopted unanimously. 18. RES. 2010-302 - Resolution of the City of San Bernardino repealing Resolution No. 2006-247 and Resolution No. 2006-348, and amending Resolution No. 2009-372 relative to certain island annexations generally lying north of Pacific Street, east of Valencia Avenue, south of Piedmont Drive and west of Victoria Avenue. Public Comments: Sue Hulse, San Bernardino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-302 was adopted unanimously. 19. Authorization to proceed and approval of Plan No. 12738 - Proposed vacation of a Public Utility Easement (p.U.E.) generally located between vacated Turrill A venue and Garner Avenue, south of vacated Magnolia Avenue City Attorney Penman abstained because the San Bernardino City Unified School District requested the vacation and his wife is a member of the school board. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the City Engineer and the City Clerk be authorized to proceed with the proposed vacation of a Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue; and that Plan No. 12738 showing the proposed vacation of a Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue, be approved. The motion carried unanimously. 8 09/07/2010 20. RES. 2010-303 - Resolution of the City of San Bernardino approving Amendment No.6 to Services Agreement with ICF Jones & Stokes for provision of professional environmental services for the design of the Mt. Vernon Ave. Viaduct over the BNSF Railroad. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-303 was adopted unanimously. 21. RES. 2010-298 - Resolution of the City of San Bernardino establishing a fair market value of $2,447,000 and declaring the intention to sell City property known as the Convention Center, and appurtenant parcel to the west, generally located west of and adjacent to City Hall, east of "E" Street and south of Court Street, and to grant an appurtenant easement to the south, to the Redevelopment Agency of the City of San Bernardino and setting a public hearing for October 4, 2010, to consider said sale. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the City Engineer be authorized to proceed with the sale of the Convention Center (formerly known as Exhibit Hall), being portions of APN 0134-251-51 and 0134-311-37, and the adjacent parcel to the west, being APN 0134-251-53, generally located on the west side of City Hall, and granting of an appurtenant easement to the south, to the Redevelopment Agency; and that said resolution be adopted. The motion carried and Resolution No. 2010-298 was adopted unanimously. 22. RES. 2010-304 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $140,000 to Zumar Industries, Incorporated for the purchase of traffic signs. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-304 was adopted unanimously. 23. RES. 2010-299 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order with two (2) one-year extensions at the City's option to HREM Inc. for the fabrication and repair of refuse truck bodies, floors and street sweepers to be utilized by the Public Works Department, Fleet Division. 9 09/0712010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, !bat said resolution be adopted. Resolution No. 2010-299 was adopted unanimously. 24. Item deleted 25. RES. 2010-305 - Resolution of the Mayor and Common Council of the City of San Bernardino accepting grant notice letters and approving scope of CIP Projects: Splash Parks, Community Center Upgrades, Irrigation System Upgrades. Grant funds total $674,614 from the 2002 Resources Bond Act (Proposition 40) for two programs: the Roberti-Z'berg-Harris Urban Open Space and Recreation Program and the Per Capita Grant Program. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and !bat the Director of Finance be authorized to amend the FY 2010/2011 CIP Park Construction Funds budget as outlined in the staff report dated August 23, 2010, from Kevin Hawkins, Director of Parks, Recreation and Community Services. The motion carried and Resolution No. 2010-305 was adopted unanimously. 26. Public Hearing - Establish the Construction and Demolition Recycling Program (C&D) and approve the recommended ordinances Resolution of the Mayor and Common Bernardino, California, establishing the Recycling Program's parameters. Council of the City of San Construction and Demolition (26A) An ordinance of the City of San Bernardino, California, adding Chapter 8.24.5 to Title 8 of the Municipal Code to establish the Construction and Demolition Waste Recycling Program. FIRST READING (26B) An ordinance of the City of San Bernardino amending the definition of "roll-off bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. FIRST READING (26C) An ordinance of the City of San Bernardino amending Chapter 8.24 to add Section 8.24.285 Self-Haul. FIRST READING (26D) Note: No backup materials were distributed. It was noted that staff had requested a continuance of the hearing. The Mayor asked if there was anyone present who had planned to speak on this item. No one came forward. 10 09/07/2010 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of September 20, 2010. The motion carried with Johnson absent. 27. Public Hearing - amending San Bernardino Municipal Code Section 19.06.030(2)(B) (Development Code) An ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 19.06.030(2)(B) (Development Code) requiring a conditional use permit for new alcoholic beverage sales activities and establishing automatic deemed approved status for legal nonconforming activities and repealing Ordinance No. MC-1323. FIRST READING Mayor/Chairman Morris opened the hearing. Terri Rahhal, City Planner, advised that on May 5, 2010, the Council had adopted an urgency ordinance and modified zoning regulations related to alcoholic beverage sales activities in the city. The Council then referred this matter to the Planning Commission and the Legislative Review Committee for further review and directed staff to come back to the Council with the regular ordinance for adoption as an amendment to the City's Development Code. She stated that the ordinance before the Council was Development Code Amendment No. 10-04 and contains the provisions of the May 5th urgency ordinance with several changes; and that all of the revisions to the original urgency ordinance are shown in the strike-out, underline version as an attachment to the staff report. Ms. Rahhal stated that this ordinance is an amendment to the regulations of activities involving alcoholic beverage sales as contained in Section 19.06.030(2)(B) in the Development Code; and it is called a. deemed approved ordinance because existing and legally established alcoholic beverage sales activities are acknowledged in this ordinance as deemed approved activities. She advised that the Planning Commission took into consideration the urgency ordinance itself, as well as input from various public health experts, restaurant and retail business associations, business owners from within the city, and the Economic Development Agency in its review of the proposed ordinance. The Planning Commission recommended approval subject to the content changes that are presented in the staff report. In summarizing the changes that are being proposed to the original ordinance, she stated that they center on the issues of which uses would be required to have a conditional use permit to be approved, which uses would be subject to the tl 09/07/2010 location criteria in the ordinance that establishes distances from sensitive uses for alcoholic beverage sales; and also addresses the operational requirements or standards for the existing deemed approved activity. She stated that the proposed ordinance would exempt the following uses from the conditional use permit requirement: Restaurants with on-site alcoholic beverage service, retail establishments over 10,000 square feet where alcoholic beverages are not the main business, establishments with applications pending prior to the effective date of the ordinance, and temporarily licensed activities for special events. Also, the following uses, though subject to a conditional use permit, would potentially be eligible for exemption from location criteria, again based on the site specific review under the conditional use permit process with input from the Police Department: Automobile service stations with a convenience store component, on-site alcoholic beverage sales activities other than sit-down restaurants, fraternal organizations and veterans organizations, clubs, and specialty retail establishments that offer unique product lines for a substantial variety of selection. With regard to operational requirements for the eXlstlllg uses, the deemed approved activities, the proposed ordinance has been modified so that these existing businesses would not be limited to specific merchandise or packaging requirements. Instead, the operating standards for the deemed approved activities are focused on good management practices that would prevent nuisances from occurring in the neighborhoods. Ms. Rahhal noted that the Legislative Review Committee reviewed the proposed ordinance with the recommendations from the Planning Commission and they recommended approval with one additional modification-removal of the provisions that had been in the original ordinance to establish an annual fee to be collected to fund unfortunate activities. So the proposed ordinance that is before the Council reflects recommendations of the Planning Commission, the Legislative Review Committee and the Council. Staff recommends, after the public hearing is closed, that this ordinance be laid over for final adoption at the next Council meeting. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: 12 09/07/20 I 0 Andrew Matlock, Institute for Public Strategies, San Bernardino, CA, a non- profit organization that deals with drug and alcohol abuse prevention, spoke in support of the ordinance. He stated that this deemed approved ordinance is a data and research driven solution to alcohol related problems, and although it is a new type of ordinance, several cities have started to implement it in their jurisdictions and have seen a significant decrease in the number of alcohol related police calls for service and a decline in arrests and drunk driving events since adopting the ordinance. He noted that this ordinance was modeled and based on one adopted in the City of Oakland that has been upheld by the California Court of Appeals as being a valid and lawful ordinance in that city. He stated that given the data that has been collected by Dr. Parker, the City has a unique opportunity here, because Dr. Parker has agreed to analyze that data so the City has a pre-ordinance and a post-ordinance set of data that can truly give the City the results and show the effectiveness of this ordinance. Amelia Lopez, San Bernardino County Department of Public Health, Alcohol and Drug Abuse Prevention Program, expressed her support of the ordinance. She advised that the California Department of Alcohol Beverage Control, the state agency that regulates the sale of alcohol, currently has a moratorium on issuing new alcohol licenses in the city of San Bernardino because the city has more than twice as many alcohol outlets than the population needs. She stated that the majority of off-sale alcohol establishments in the city of San Bernardino have a grandfather status, which can be transferred to new owners. This means they are not affected by the City's conditional use permit and can continue to operate without restrictions on irresponsible business practices regarding the sale of alcohol. Ms. Lopez noted that the deemed approved ordinance would allow the City to regulate grand fathered alcohol retail establishments that came into existence before the City implemented its conditional use permit process. This ordinance gives the City authority over these establishments through the issuance of deemed approved permits and establishes public nuisance standards that new and pre-existing retailers must abide by in order to maintain their permit. The ordinance would also require responsible beverage service training for retailers to help promote best practices for the responsible sale of alcohol. She stated that the City has already taken positive steps to prevent problems related to the density of alcohol outlets in the City with its current policy to limit certain types of business establishments including new alcohol outlets. The deemed approved ordinance will help the City to keep operators in compliance with the law and it would also help to foster safer neighborhoods. The Public Health Department Alcohol and Drug Abuse Prevention Program is committed to continued support of the City's efforts to reduce the harm related to alcohol and drugs. t3 09107/20 t 0 Bruce Evans with the law firm of Solomon Salisman and Jameson in Playa del Ray, CA, who represents many small local businesses, as well as CVS Pharmacy, 7/11, and Circle K in this matter expressed support of the deemed approved ordinance with one concern-the training provision that mandates that all businesses have to have Agency certified training. He stated that training is a great idea, and may be the most important element in the ordinance, but as the ordinance is now written he did not think the City could enforce it. Mr. Evans stated that he is familiar with the training programs used by 711 I and CVS-in fact, 7/11 's program was actually developed in conjunction with the ABC a number of years ago, before the Alcohol Beverage Control (ABC) had certified training programs in place. He asked that the City tweak the ordinance and perhaps allow an opt -out provision so that staff can review a business's training to determine whether it substantially complies with the City's requirements. Henry Empefto, Senior Deputy City Attorney, advised that it states in Section IV (F) of the proposed ordinance, "That the owners and all employees of the alcohol beverage sales establishment who are involved in the sale of alcoholic beverages complete an approved course in "Responsible Beverage Sales" (RBS) within sixty (60) days of hire for employees hired after the passage of this ordinance or within 6 months of the passage of this ordinance for existing employees. To satisfy this requirement, a certified program must meet the standards of the Alcohol Beverage Control Responsible Beverage Service Advisory Board or other certifying/licensing body designated by the State of California. " Mr. Empefto stated that this provision was put into the ordinance at the request of the County, as well as the City Attorney's office, and it is language similar to conditions in other cities. He stated that he had spoken to Mr. Evans about the concerns that he has raised, and he (Mr. Empefto) believes that the City Attorney's office, as well as the Development Services Department, are willing to work with the businesses. The concern was providing flexibility and ease of location for these classes, which are currently provided for free by the State Department of Alcoholic Beverage Control in the Riverside office; and provided here in San Bernardino by the County. He stated that he believed the City could work with the businesses to make these locations available with flexible scheduling; and if there is interest, work with the businesses regarding pooling their costs and resources for this program, and perhaps providing some assistance in defraying the costs, based on the City Council's approval. Relative to Mr. Evans' statement that this portion of the ordinance would not be enforceable, Mr. Empefto stated that he believed this condition was directly related to the problem that the City is focusing on, and the reason this ordinance 14 09/07/2010 related to the problem that the City is focusing on, and the reason this ordinance is being adopted and is well warranted; and he believes that the City would be the prevailing party on this matter if the issue was litigated. Mayor Morris stated that this was perhaps one of the most important parts of the ordinance. He stated that we do an exceptional job in training personnel who have the obligation to sell alcoholic beverages to the public in this city, and the training program emphasizes in remarkably important ways how critical it is that they do it with responsibility and according to the law. That is why ABC has set up these courses and that is why we do it here in the City Hall and beyond the City Hall. He stated that this idea that somehow the stores train their personnel in a way that is acceptable may be an appropriate argument if we can see that the course has been certified by ABC, and that is one way we can be flexible in compliance, but this is a critical part of overseeing the sales of these substances in our city. The personnel who market them to the community must do it according to the law. Responding to a question regarding the frequency and the cost of these training sessions that are offered by the County, Ms. Lopez stated that they have been doing the Responsible Beverage Service training for the City for almost two years with funding from the County Department of Behavioral Health. They have been holding the classes once a quarter and have already scheduled the next round for November. The classes are for both on-sale and off-sale. They have been having the ABC conduct the classes and certify the participants; and the ABC has encouraged the County to submit its curriculum so that the County in turn can be certified in order to continue doing the classes. At this point they are not charging anything from the City or from the retailers that participate. Mayor/Chairman Morris noted that it may well be that if the curriculum of these specialty stores is submitted to ABC, those courses all could be certified, assuming they meet the standards in terms of content. City Attorney Penman asked Ms. Lopez if after the passing of this ordinance the demand for people to take these classes increased, would the Health Department be able to provide those classes and meet that increase. Ms. Lopez responded that they will continue to work with the City to provide those classes. She added that the retailers don't have to come to the County's classes because ABC in Riverside also does those classes and there are private providers if the retailers want to pay. So, the County is not the only resource, but they intend to be one major resource; and they would be available for an increased number of classes. 15 09/07/2010 Shirley Harlan, San Bernardino, CA, stated she had mixed feelings about the ordinance, as it prohibits what a business can sell, but it is not equally applied, as that same beverage is allowed to be sold when we have Route 66. She agreed that the training is probably the most important part of the ordinance. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried with Johnson absent. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Bus Shelter Agreement with Omnitrans to administer a Passenger Amenities Program at current and future bus stops. (Continued from August 16, 2010.) Note: No resolution was distributed with the backup materials. Council Member/Commissioner McCammack left the Council Chambers, stating that she would abstain because Omnitrans is a business client. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/ Commission meeting of September 20, 2010. The motion carried with McCammack abstaining. 29. RES. 2010-306 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Finance Agreements with Southern California Edison Company for financing energy efficiency projects at various City buildings. (Continued from August 16, 2010.) Council MemberlCommissioner Kelley made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted with the following amendment: On page I, line 161/2, after the words, Southern California Edison, add the words, "limited to those projects on Attachment 2." City Attorney Penman advised that if this change was made then it would be necessary to delete the sentence on line 22'/2 beginning with the words, "New projects may be added. . . " t6 09107/2010 Council Member/Commissioner McCammack amended her substitute motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted with the following amendments: On page 1, line 16V2, after the words, Southern California Edison, add the words, "limited to those projects on Attachment 2"; and delete the sentence on line 22112 beginning with the words "New projects may be added. . ." The motion carried and Resolution No. 2010-306 was adopted unanimously. 30. Item deleted COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo; City Clerk Clark. R31. Homebuyer Assistance Program ("HAP") Fourth Quarter (April 1, 2010 through June 30, 2010) and Annual Report (July 1, 2009 through June 30, 2010) Council Member/Commissioner McCammack stated that she would abstain because Neighborhood Housing Services of the Inland Empire (NHSIE) is a business client. She left the Council chambers and returned after the vote was taken. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the Community Development Commission of the City of San Bernardino receive and file the Quarterly and Annual Update Report of the Homebuyer Assistance Program activities for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack abstaining. R32. Single-Family Residence Revitalization Program Fourth Quarter (April 1, 2010 through June 30, 2010) and Annual Report (July 1, 2009 through June 30, 2010) Council Member/Commissioner McCammack stated that she would abstain because Neighborhood Housing Services of the Inland Empire (NHSIE) is a business client. She left the Council chambers and returned after the vote was taken. 17 09/07/2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the Community Development Commission of the City of San Bernardino receive and file the Quarterly and Annual Update Report of the Single-Family Residence Revitalization Program activities for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack abstaining. R33. BB Architects - Professional Services Agreement (Central City North Redevelopment Project Area) RES. CDC/2010-49 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to execute a Professional Services Agreement with BB Architects, Inc., for the preparation of an Americans with Disabilities Act Compliance Survey at 450 North "E" Street, San Bernardino (Central City North Redevelopment Project Area). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2010-49 was adopted unanimously. R34. The Planning Center - Professional Services Agreement (Transit Oriented Development District, City of San Bernardino) RES. CDC/2010-50 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Professional Services Agreement by and between the Agency and The Planning Center to provide consultant services for the preparation of a Transit Oriented Development District for the City of San Bernardino (State College, Uptown, Central City North, Central City South, Central City/Meadowbrook, Southeast and Tri-City Redevelopment Project Areas). Council Member/Commissioner McCammack stated that she would abstain because she owns property in the Uptown Redevelopment Project Area. She left the Council chambers and returned after the vote was taken. Public Comments: Warner Hodgdon, San Bernardino, CA. 18 09/07/2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/20l0-50 was adopted with McCammack abstaining. R35. Item deleted R36. Third Street Project - Cooperative Agreement with the County of San Bernardino and the Inland Valley Development Agency RES. 2010-307 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Mayor of the City of San Bernardino ("City") to execute that certain agreement by and among the City and the Inland Valley Development Agency ("IVDA"), the County of San Bernardino ("County") and the Redevelopment Agency of the City of San Bernardino ("Agency") for the acquisition, development and rehabilitation of properties in the 3'd Street Corridor between Waterman Avenue and Tippecanoe Avenue in the unincorporated portion of the County of San Bernardino. (R36A) RES. CDC/2010-51 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute that certain agreement by and among the Agency and the Inland Valley Development Agency ("IVDA"), the County of San Bernardino ("County") and the City of San Bernardino ("City") for the acquisition, development and rehabilitation of properties in the 3'd Street Corridor between Waterman Avenue and Tippecanoe Avenue in the unincorporated portion of the County of San Bernardino. (R36B) Senior Assistant City Attorney Wilson stated that the City Attorney's office has no opposition to this project, but in reviewing it for this session a long-term concern developed regarding a low and mod fund, especially with respect to monies that were committed in the past to uses that did not result directly in the production of new housing-that includes the monies that were applied to Arden-Guthrie, the monies that were applied toward the "F" Street freeway corridor for the removal of a lot of old businesses and so forth in that area, and the old or new application of the monies for the purchase of the Bice property in the 90s. The importance of this is that these monies were received as low-mod monies from the IVDA and otherwise low-mod monies from the Economic Development Agency, and these monies have to, at some point, be accounted for as new low and mod housing. He stated that it amounted to approximately $25 million that's going to ultimately have to be accounted for. At this point, they are encouraging the Agency, as they go forward with the development of their low and mod strategy, to take into account that the piper probably has to be paid. 19 09/07/2010 Council Member/Commissioner McCammack stated she had been looking through the staff report for the replacement housing plan. She noted that if they don't replace a low- or moderate-income housing unit within the area where the housing was taken down, they have to replace it two for one in another area of town and she did not see a plan to that effect. She asked at what point they were going to talk about where they were going to put the housing, and if they were not going to talk about it, they probably shouldn't accept the money. Mr. Marzullo stated that these questions would be answered through the study. He added that they have not identified locations for housing because they don't have a plan to take any housing out yet; however, with this plan he believes it will show that some of the existing housing stock should be relocated to another place. Council Member/Commissioner McCammack stated that the Council needs to have a report as to how many low-mod units have been taken down and how many they have to replace with the money that was used to take them down. She requested a report that would show this information up to the present time. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2010-307 and Community Development Commission Resolution No. CDC/2010-51 were adopted unanimously. R37. TEFRA Public Hearing - Tax and Equity Fiscal Responsibility Act (TEFRA) Public Hearing for the issuance of Recovery Zone Facility Bonds by the San Bernardino Joint Powers Financing Authority for the benefit of the City of San Bernardino Redevelopment Agency RES. 2010-308 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the issuance of Recovery Zone Facility Bonds by the San Bernardino Joint Powers Financing Authority for the benefit of the Redevelopment Agency of the City of San Bernardino. Mayor/Chairman Morris opened the hearing. Emil Marzullo, Interim Executive Director, Economic Development Agency, stated that the Tax and Equity Fiscal Responsibility Act (TEFRA) requires any public agency intending to issue bonds to go through a TEFRA hearing to state that intent and to notify other local agencies of its intent. He stated that the Agency does not yet have a project(s) identified; however, under the Recovery Act they have until the end of this calendar year (December 3 I, 2010) to issue the economic development bonds and the facility bonds if they intend to do that. 20 09/07/2010 In essence, by holding the TEFRA hearing they are keeping their place in line- they are keeping the procedural actions in line-so that if they do find an appropriate project(s) they will have all their ducks in a row, their TEFRA hearing will have been accomplished, and they can then move to bond issuance. He stated that it may be that they don't find a project(s) and this is for naught, but if they don't follow this process they will lose the opportunity if a project(s) does become available that is suitable for these funding sources. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Warner Hodgdon, San Bernardino, CA, expressed his support and complimented Mr. Marzullo and Agency Counsel Sabo on this particular action, stating that it shows forward thinking and real wisdom. Council Member/Commissioner McCammack pointed out that if they do issue these bonds, there are bond disclosure documents required. She asked Mr. Marzullo when he could foresee this happening. Mr. Marzullo answered that the bond disclosure documents come when they have a project, and there are initial disclosures and continuing disclosures after you issue bonds. Initial disclosure comes with the issuance of the bond documents. If they were to find a project(s), everything that the Council would want to see in terms of full disclosure comes at the date and time of that hearing. However, since there is no project, there is no disclosure yet. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. Resolution No. 2010-308 was adopted unanimously. R38. Joint Public Hearing - Pinewood Mountain Development, LLC - Lease Agreement for a Temporary Bus Transfer Facility (Carousel Mall) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the execution of a Master Lease Agreement for the redevelopment and reuse of the former JC Penney Tire, Battery and Automotive Center ("TBA") by and between the City of San Bernardino Redevelopment Agency ("Agency") and Pinewood Mountain Development, LLC (Central City Redevelopment Project Area). (R38A) 2t 09/07/2010 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute (1) a Master Lease Agreement by and between the Agency and Pinewood Mountain Development, LLC ("Pine Mountain") for the former JC Penney Tire, Battery and Automotive Center Building ("TBA"), (2) a Sub-lease Agreement by and between the Agency and Omnitrans for the use of the JC Penney TBA and (3) a Consent to Interim Lease of Land and Building from/to the current Parties of the Reciprocal Easement Agreement (REA). (R38B) Note: No backup materials were submitted. Mayor/Chairman Morris advised that staff had requested a continuance of this matter to September 20. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be continued to the Council/Commission meeting of September 20, 2010. The motion carried unanimously. 39. Public Comments Joe Ortiz, San Bernardino, CA, spoke in opposition to Measure C. Jeulean McGinnis Palidor, San Bernardino, CA, expressed concern regarding the bickering and fighting at the Council meetings and congratulated Mayor Morris on his decorum when he is being disrespected and attacked. James Geasland, San Bernardino, CA, voiced complaints against the City Attorney's office for not returning calls and being unresponsive. Mike Yandell, City employee and president of the General Unit, spoke regarding the improper imposition of the 10 percent furloughs on the General Unit employees. Cheryl Brown, San Bernardino, CA, read a statement from Bishop Phillip Powell, President of the Inland Empire African American Concerned Churches, wherein he ascertained that City Attorney Penman was trying to intimidate Reverend Turner and others supporting Measure C. He asked for a vote of the Council indicating that they did not share in or support the actions of the City Attorney. 22 09/07/20 t 0 Murlean Stewart, San Bernardino, CA, spoke regarding the business climate in the area, the deterioration of San Bernardino, and what needs to be done to improve the look of the city. Shirley Harlan, San Bernardino, CA, expressed concern about the announcement process at the beginning of the Council meetings, suggesting that during that time the mayor and other elected officials refrain from dealing with issues that can be handled among themselves; and that everyone should speak to the subject at hand when making public comments. Ray Miller, a chaplain for the City's Police Department, spoke in opposition to the proposed cut of 52 police officers from the City's budget. He stated that a strong police presence is needed in San Bernardino and urged the Council to rescind its budget vote relative to the Police Department. Scott Johnson, San Bernardino, CA, representing the Shandin Hills Neighborhood Association, praised the response time of police and fire personnel relative to an automobile accident in his neighborhood and also the timely response of the General Unit employees who came early the next morning to replace the stop sign and chop down the tree that had been damaged in the accident. Warner Hodgdon, San Bernardino, CA, spoke regarding the deficits that have long been accumulating by the City and stated that he did not agree with Measure C. Jim Penman, San Bernardino, CA, stated that he and Renee Affaitati had challenged the arguments supporting Measure C because they are misleading, and that Measure C would take away the people's right to vote. John Valdivia, San Bernardino, CA, stated that he was grateful for the increased police presence in the Fourth Ward. James Smith, San Bernardino, CA, expressed support for Measure C. 23 09/07/2010 33. Adjournment At 7:26 p.m. the meeting adjourned to 5:30 p.m., Tuesday, September 14, 2010, in the Management Information Center (MIC) Room, 6th Floor, City Hall, for a special closed session. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1 :30 p.m., Monday, September 20, 2010. By: RACHEL G. CLARK City Clerk ~Z~ Linda E. Hartzel Deputy City Clerk 24 09107/20 to