HomeMy WebLinkAbout05-03-2010 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Jason Desjardins
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCammack
8M
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 3-5,2010
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 1:41 p.m., Monday, May 3,2010, 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, Brinker, Shorett, Johnson, McCammack; City Attorney
Penman; City Manager McNeely; City Clerk Clark.
Absent:
Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley arrived at 2:12 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;
05/03/2010 and
05/05/2010
Nykisha Mone Ellison, Jacqueline York, & Valen Edwards v. City of San
Bernardino, San Bernardino Police Dept., Officer Serbando Saenz,
Officer Roy Diaz and Chief Billdt - San Bernardino County Superior
Court, Case No. CIVDS 1005001.
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)
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
1.
Property Address:
Carousel Mall
295 Carousel Mall
Negotiating Parties:
Emil A. Marzullo, Interim Executive
Director, on behalf of the
Redevelopment Agency, and Don
Chae on behalf of M and D
Properties.
Under Negotiation:
Purchase price, terms and conditions.
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City Attorney Penman announced that the following cases would be discussed in
closed session:
Under Agenda Item lA, pending litigation:
Monica Ballard, De' Autray Larkins, a minor, De'Sean Larkins, and Albert
Dickson v. City of San Bernardino, San Bernardino Police Department, Marc
Alvarez, and Keith Kilmer - United States District Court, Case No. CV 10-
02769 DMG(AIWx);
Lee Wayne Jones, et al. v. City of San Bernardino, et al. - United States
District Court, Case No. EDCV 08-187 V AP;
Agenda Item No. 9B;
Agenda Item No. 9C;
Agenda Item No. 25; and
Agenda Item No. 27 - Citizens for Responsible Equitable Environmental
Development v. City of San Bernardino - San Bernardino Superior Court,
Case No. CIVDS 918169.
Under Agenda Item No. 1B, significant exposure to litigation:
Brian Boom v. City.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David McGlocklin of St. Paul's United Methodist
Church. The pledge of allegiance was led by Stevie Martinez, a sixth grade student at
Parks ide Elementary School.
2. Appointments
There were no commission appointments.
3. Presentations and Proclamations
Mayor Morris presented a proclamation designating the month of Mayas Law
Enforcement Month to Jack Hill of the San Bernardino Chamber of Commerce.
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Mayor Morris presented a proclamation designating the month of Mayas
Veterans' Appreciation Month to Gene Ramirez of the Employment Development
Department.
Mayor Morris presented a certificate of recognition to Charlie Brown, Principal
of the San Bernardino Adult School, on the occasion of their 90th anniversary.
Mayor Morris presented a certificate of recognition to two teams comprised of
men and women from the San Bernardino City Police Department who
participated in the annual Baker to Vegas Challenge Cup Relay with Team #1
finishing 2nd in their division and 24th overall, and Team 2 finishing 28th in their
division and 223rd overall. Chief of Police Keith Kilmer and Assistant Chief
Mark Garcia accepted the award on behalf of the two teams and their support
crews.
Councilman Kelley joined Mayor Morris in presenting a proclamation designating
May 8, 2010, as Mormon Helping Hands Day to Sheldon Ewell of the Church of
Jesus Christ of Latter Day Saints.
Councilman Kelley joined Mayor Morris in presenting a proclamation
commending Stephan and Mary Jane Hauer of Hauer Steel in recognition of their
50 years of service to the community and wishing them the best in their
retirement.
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, accompanied by
Steve Shaw, chair of the historical sub-committee, announced several upcoming
bicentennial activities including San Bernardino Railroad Days; Bicentennial
Gala; Mayor's Run for the 200th; Festival of Faiths; Rededication of Centennial
Monument and Dedication of Bicentennial Monument; and the Bicentennial
Parade.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
unanimously.
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6. Council Minutes
Council Member/Commissioner Johnson 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: April 5,
2010. The motion carried unanimously.
7. 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 April 27, 2010, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated April 29, 2010, in accordance with Civil Service rules and
Personnel policies adopted by the Mayor and Common Council of the City of San
Bernardino, be approved and ratified. The motion carried unanimously.
9A. RES. 2010-82 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between Ramy Abouelsood and the City of San Bernardino for
temporary legal services in the City Attorney's Office.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-82 was adopted unanimously.
9B. RES. 2010-83 - 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 al.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-83 was adopted unanimously.
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9C. RES. 2010-84 - 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 Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-84 was adopted unanimously.
9D. RES. 2010-85 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and the law firm of Mirau,
Edwards, Cannon, Lewin & Tooke in the case of San Bernardino City
Professional Firefighters, Local 891, Nathan Lopez v. City of San Bernardino,
San Bernardino Fire Department, et al.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-85 was adopted unanimously.
9E. RES. 2010-86 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and the law firm of Mundell,
Odium & Haws in the case of San Bernardino City Professional Firefighters,
Local 891, Nathan Lopez v. City of San Bernardino, San Bernardino Fire
Department, et al.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-86 was adopted unanimously.
10. RES. 2010-87 - Resolution of the Mayor and Common Council of the City of
San Bernardino proclaiming the existence of a fiscal emergency.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted; and that the City
Manager be directed to submit a Hardship Exemption request pursuant to HUT A
funds to the State of California, Department of Finance by Monday, May 17,
2010. The motion carried and Resolution No. 2010-87 was adopted
unanimously.
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11. RES. 2010-95 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Quitclaim Deed to Camden Holdings, LLC, for
vacated Gannett Parkway, between Hallmark Parkway and Georgia
Boulevard and an adjacent storm drain easement and authorizing the
acceptance of an easement for emergency vehicle access.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2010-95 was adopted unanimously.
12. RES. 2010-88 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of 25th Street between "G" Street
and "F" Street, and a portion of Berkeley Avenue Between 25th Street and
26th Street.
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because the San Bernardino City Unified School District is a business
client.
City Attorney Jim Penman recused himself because his wife is a member of the
School Board.
Council Member/Commissioner Desjardins recused himself from voting on this
item.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-88 was adopted with Desjardins and McCammack abstaining.
13. RES. 2010-89 - Resolution of the City of San Bernardino approving
execution of a Memorandum of Understanding by and between San
Bernardino Associated Governments and participating cities for preparation
of the San Bernardino County Regional Greenhouse Gas Inventory and
Reduction Plan and Environmental Impact Report.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-89 was adopted unanimously.
14. 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.
Note: No resolution was distributed with the backup materials.
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Staff requested a two-week continuance.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of May 17, 2010. The motion carried unanimously.
15. Broker and Health Administration Services
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the Director of Human Resources
be authorized to negotiate the terms of the contract with Mercer Health &
Benefits for broker and health administration services. The motion carried
unanimously.
16. Resolutions authorizing the execution of Agreements and issuance of
purchase orders to Fairview Ford of San Bernardino and Crest Chevrolet of
San Bernardino for Police vehicles and award bid for lease purchase
financing to Bank of America
RES. 2010-90 - 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 for the purchase of four
(4) 2010 Ford Crown Victoria Police Interceptors and award a Lease-
Purchase Agreement to Bank of America. (16A)
RES. 2010-91 - 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 Crest Chevrolet for the purchase of six (6) Chevrolet
Tahoe wagons and award a Lease-Purchase Agreement to Bank of America.
(16B)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A and B, be adopted.
Resolution Nos. 2010-90 and 2010-91 were adopted unanimously.
17. RES. 2010-92 - 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 $428,058.37 to Fairview Ford of San
Bernardino for the purchase of one (1) Vac-Con V311LHA/1300 Jet Rodder
truck.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-92 was adopted unanimously.
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18. RES. 2010-93 - Resolution authorizing the execution of an agreement and
issuance of a purchase order to Crest Chevrolet of San Bernardino pursuant
to Section 3.04.010-B3 of the Municipal Code, for one (1) 2009 Schwarze
M6000 Broom Sweeper powered by Compressed Natural Gas to be utilized
by the Public Services Department Street Division; and award a Lease-
Purchase Agreement to Bank of America.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-93 was adopted unanimously.
19. RES. 2010-94 - 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, pursuant to Section
3.04.010-B3 of the City of San Bernardino Municipal Code for the purchase
of ten (10) refuse trucks, and award a Lease-Purchase Agreement to Bank of
America.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-94 was adopted unanimously.
20. RES. 2010-96 - Resolution authorizing the execution of an agreement with
the San Bernardino Historical and Pioneer Society for financial assistance
from the 2009-2010 Civic and Promotion Fund to assist with the Bicentennial
Railroad Days Event.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2010-96 was adopted with McCammack voting "no."
21. Public Hearing - Resolution imposing liens on certain parcels of real property
for uncollected Business Registration fees
RES. 2010-97 - Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of San Bernardino for
uncollected Business Registration fees.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the hearing be closed; that the City
Clerk be directed to administratively remove any properties from Exhibit A,
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which have been paid prior to the hearing; and that said resolution be adopted.
The motion carried and Resolution No. 2010-97 was adopted with Desjardins
voting "no."
22. Item deleted
23. RES. 2010-98 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing a License Agreement by and between the City of
San Bernardino and William R. Gallagher, LLC, for the placement and
operation of a food and beverage cart in the lobby of City Hall. (Continued
from April 19, 2010)
Council Member/Commissioner Desjardins stated that he would like to challenge
his colleagues to consider adopting a resolution that the City supports business
and to affirm their stand against going into business against small business.
Council Member/Commissioner McCammack voiced her concerns that the
contract was incorrect and there were errors in the license agreement.
Public Comments:
Roger Henderson, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2010-98 was adopted with Desjardins, Kelley and McCammack voting
"no. "
24A. 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 (Continued from April 19,
2010)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the matter be tabled. The motion carried
unanimously.
24B. Ordinances regarding Roll-off Bins, Self Haul, and Construction and
Demolition
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be referred to the Legislative
Review Committee. The motion carried unanimously.
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25. An urgency ordinance and a non-urgency regular ordinance 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
ORD. MC-1323 - An urgency 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, declaring the urgency thereof and taking
effect immediately. URGENCY (25A)
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. FIRST READING (25B)
Dan Skyles, Institute for Public Strategies, reviewed the results of research
studies on the impact of alcohol outlets and violence, and described the "Deemed
Approved Ordinance" option as presented at the Council meeting of April 5,
2010.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said urgency ordinance A, be
adopted; and that said non-urgency ordinance B, be referred to the Legislative
Review Committee and the Planning Commission. The motion carried and
Ordinance No. MC-1323 was adopted unanimously.
26. Ways & Means Committee pending items
Public Comments:
Hank Mitchell, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that the following pending items be referred back
to the Ways and Means Committee: a) discuss and examine possible solutions for
the Development Impact Fee process as to in which accounts the fees are held;
b) Verdemont Infrastructure Fees; c) Historic Clocks; and d) City-wide Lighting
Landscape Maintenance Districts. The motion carried unanimously.
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27. Appeal Hearing - An appeal of the Planning Commission's approval of
Conditional Use Permit No. 07-15, a request to expand an existing 129,794
square foot retail commercial building by 41,644 square feet to a total of
171,438 square feet on approximately 15.13 acres located on the north side of
Highland Avenue at the intersection with Boulder Avenue, at 4210 East
Highland Avenue in the CG-l, Commercial General land use district (Appeal
No. 09-03) (Continued from March 15, 2010)
The hearing remains open.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Council!
Commission meeting of June 7,2010. The motion carried unanimously.
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 Agency Counsel Sabo; City Clerk Clark.
Absent:
None.
R28. Annual Statement of Investment Policy (Continued from April 19, 2010) (Note:
See page 24 for subsequent action taken on May 5, 2010.)
Paul Russ, Sr. Vice President and Regional Manager of Citizens Business Bank,
turned the meeting over to members from the Citizens Trust Division.
Bruce Branstein, Vice President and private client advisor with Citizens Trust,
submitted into the record a document entitled, "Citizens Trust, San Bernardino
Economic Development Agency Portfolio Review, May 3, 2010," and provided
an overview of their understanding of the investment objectives for the Economic
Development Agency. He stated that their goal was to enhance the returns of the
portfolio without compromising the risk parameters outlined in the investment
policy statement. Mr. Branstein pointed out a typo in bullet No.3 on Page 5 of
the handout stating that "growth and low inflation" should read, "growth and
high inflation. "
Dick McDonald, Investment Manager, provided an overview of the information
contained in the handout.
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Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of May 5, 2010. The motion carried
unanimously.
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
Apri119,201O)
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)
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(a)(2) 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)
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(a)(2) for the Central City East Redevelopment Project Area.
(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)
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(a)(2) for the Central City South Redevelopment Project
Area. (R29F)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council!
Commission meeting of May 17, 2010. The motion carried unanimously.
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R30. East Valley Water District - Agreement for removal of water and sewer lines
at the North Arden Guthrie Property (IVDA Redevelopment Project Area)
RES. CDC/2010-23 - 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 between the
Agency and the East Valley Water District for the removal of water and
sewer lines at the North Arden Guthrie Property (IVDA Redevelopment
Project Area).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2010-23 was adopted unanimously.
R31. Public Hearing - Adoption of the 2010-2015 Five-Year Consolidated Plan,
2010-2011 Annual Action Plan and 2010-2015 Analysis of Impediments to
Fair Housing Choice; Reallocation of Community Development Block Grant
(CDBG) Funds; and Recommended Allocations of 2010-2011 Community
Development Block Grant (CDBG) Funds; Emergency Shelter Grant (ESG)
Funds and Home (HOME) Funds
RES. 2010-100 - Resolution of the Mayor and Common Council of the City
of San Bernardino: 1) approving the 2010-2011 Community Development
Block Grant (CDBG) and Emergency Shelter Grant (ESG) appropriations
(excluding any reference to the allocation of CDBG and ESG Funds for the
Boys and Girls Club of San Bernardino, Boys and Girls Club of Redlands,
Time for Change Foundation, and Home of Neighborly Service, Inc.); 2)
approving the Five- Year 2010-2015 Consolidated Plan, the One-Year 2010-
2011 Consolidated Annual Plan and the 2010-2015 Analysis of Impediments
(AI); 3) approving the proposed reallocation of 2005-2009 CDBG Funds; and
4) authorizing the City Manager to execute and submit to HUD appropriate
documents and take all necessary actions for the execution of public service
contracts. (R31A)
RES. 2010-101 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2010-2011 Consolidated Annual Action Plan
pertaining solely to the HOME Program Appropriations/Categories; and
authorizing the City Manager to execute any and all HUD contracts or
documents as per HUD regulations. (R31B)
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RES. 2010-102A - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2010-2011 Consolidated Annual Action Plan
as it pertains solely to the allocation of Community Development Block Grant
(CDBG) and Emergency Shelter Grant (ESG) Funds to Time for Change
Foundation. (R3IC1)
RES. 2010-102B - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2010-2011 Consolidated Annual Action Plan
as it pertains solely to the allocation of Community Development Block Grant
(CDBG) to Home of Neighborly Services. (R31C2)
RES. 2010-99 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the 2010-2011 Consolidated Annual Action Plan as
it pertains solely to the allocation of Community Development Block Grant
(CDBG) Funds to Boys and Girls Club of San Bernardino and Boys and Girls
Club of Redlands. (R3ID)
Mayor/Chairman Morris opened the hearing.
Emil Marzullo, Economic Development Agency Interim Executive Director,
referred to Attachment II of the staff report entitled, "2010/11 Community
Development Block Grant, " stating that Section A included the proposals
recommended by the citizens advisory panel through a review, analysis and
recommendation process, and that Section B was a list of projects recommended
by the City Manager and EDA. He stated that Attachment III, "Recommended
2010-2011 ESG Allocations" was a list of recommended allocations with a brief
background on each project. Also included was a list of five programs that were
not recommended for funding.
Council Member/Commissioner McCammack referred to Operation Grace, which
was No.3 on the list of programs not recommended for funding, and read the
following statement under "Type of Project": "Food distributed once a month,
every 4th Tuesday. "
Mr. Marzullo stated that there may have been some confusion as to how the
proposal was written or how it was interpreted. He suggested that the Council
hear testimony from Operation Grace as this project was deemed eligible, but was
not recommended by the Community Development Committee because they felt
that the availability of services was only one time per month, which may be an
error.
Council Member/Commissioner Johnson stated that because he is Chairman of
the Board of the Boys and Girls Club of San Bernardino, he asked that this item
be removed from the group. Mr. Johnson stated that he has made his position
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very clear regarding a second agency on the list (Attachment II), and he asked
that he be excluded from participation with that group as well.
Council Member/Commissioner Brinker, announced that he would be abstaining
from participation and the vote on Resolution C, pertaining to Time for Change
Foundation and Home of Neighborly Services.
Senior Assistant City Attorney Wilson announced that the City Attorney's office
would be abstaining from participation on Resolution A, because Mrs. Penman is
on the Board of the Salvation Army.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered the oath to
the following individuals that they would provide true and honest testimony:
Jeff Morehead, Operation Grace, San Bernardino, CA, stated that their proposal
did not state that they only serve the homeless once per month. He stated that the
mistake was made during their review when they were talking about another
service they provide whereby they distribute bags of groceries once per month to
over 800 people.
The following individuals spoke in support of the item:
Linda Pederson, Director of St. John's Community Success Center, San
Bernardino, CA;
John Futch, Board President of Home of Neighborly Services and Time for
Change Foundation, San Bernardino, CA;
Barbara Babcock, consultant & volunteer with Home of Neighborly Services,
San Bernardino, CA.
Joette S. Campbell, Patton, CA, spoke in support of the Boys and Girls Club;
however, she stated that she did not want to share money intended for the City of
San Bernardino with the cities of Lorna Linda, Mentone and Redlands.
Cheryl Brown, President, San Bernardino Branch NAACP, San Bernardino, CA.
Ms. Brown left the meeting; however, her statement was read into the record by
City Clerk Clark, wherein she indicated that she did not support the City of San
Bernardino giving funds to a Redland-based organization.
Council Member/Commissioner Kelley stated that members of the public had
brought up concerns regarding funding that's going to other communities and
asked what could be done to correct that so that funding can stay here at the Boys
and Girls Club in San Bernardino.
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Mr. Marzullo stated that it is entirely up to the Council whether to approve
funding or to pull the organization off the list.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the Boys and Girls Club of Redlands
be removed from the list. The vote was taken following further discussion.
Council Member/Commissioner Brinker stated that he understood that the group
is from Redlands, but the backup material talks about this money going to fund
staff at a youth center at Waterman Gardens. He asked what would happen to the
youth center if this is not approved.
Council Member/Commissioner Johnson stated that he would have to abstain
from participating in any further discussion on this item. He requested that the
Council vote on Resolution D while he is out of the room so he could return for
the remainder of the discussion. He left the Council Chambers and returned after
the vote was taken on Resolution D.
Mr. Marzullo answered Council Member/Commissioner Brinker's question by
stating that they may have an exclusive contract with the Housing Authority
because the Housing Authority runs Waterman Gardens. He stated that if the
Council were to decide to remove the Redlands Boys and Girls Club from the list
and there is no backfill, they could come back at a future time with an amendment
to ensure that services were not lost.
Carey Jenkins, Director of Housing and Community Development, Economic
Development Agency, stated that there would be a budget gap of that same
amount that will have to be filled from some other source.
Council Member/Commissioner Marquez stated that she was concerned about
Waterman Gardens because it is in the First Ward and there are a lot of young
people there. She added that she would hate to see that money lost because the
need is there and she would like to see it invested in the City of San Bernardino,
not in Redlands.
Council Member/Commissioner McCammack stated that she understood that their
contract is up at the end of October with the Housing Authority at that location.
She would like to find out who else could provide those services at that location
because she agreed that the services are needed, but she also knows that the
Housing Authority has its funding as well and that $5,000 is not covering the
whole program.
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Council Member/Commissioner Brinker stated that he wanted to clarify what he
heard from staff and that is that if they cut the money today, they could come
back if they need to reevaluate.
Mr. Marzullo stated that they could do a minor plan amendment.
Council Member/Commissioner McCammack stated that if the Redlands Boys
and Girls Club is using San Bernardino's demographics to bump their funding,
she didn't think that was fair. She stated that they should be working with
agencies within San Bernardino, who employ people who reside in San
Bernardino.
Council Member/Commissioner Desjardins stated that they were discussing not-
for-profit businesses that provide services within the City of San Bernardino and
questioned why the Council would want to cut their funding. He stated that the
allocation of $5,000 was not much considering there is a surplus of funds. He
added that summer is coming and these children need adult supervision and
hopefully that will thwart any kind of malfeasance they may be involved in.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered the oath to
the following individual that he would provide true and honest testimony:
P.T. McEwen, Chief Executive for the Boys and Girls Club of Redlands,
apologized for the fact that the Council had been provided some misinformation.
He stated they have been serving public housing for about 20 years and they are
located on the north side of Redlands, which is a pretty poor area. An RFP went
out and they applied and were awarded a two-year contract to serve Waterman
Gardens and they have been there for almost a year and one-half now. He stated
that the $5,000 they are requesting is actually to augment a teen position. Their
contract with public housing is for kids ages 6-12 and what they need is staffing
to work with teens. The $5,000 will cover a ten-hour per week position for one
year. They tried to augment their staffing by switching someone back and forth
part-time to work with the teens. They already have a teen center set aside that
they developed when they first went in and they're just looking for funding to
help support the teens in that area. They are in Waterman Gardens, but they do
serve the surrounding communities.
Council Member/Commissioner Brinker asked if the employee will be a resident
of Redlands or San Bernardino.
Mr. McEwen stated that he did not know because they have not hired anyone yet
for that position due to the fact that they have no funding. He stated that their site
director and their youth development specialist that currently work there both
reside in the City of San Bernardino. He added that he cannot reject somebody
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because they live in the wrong city, but they do serve in that community and they
bring other resources in, both financially and non-financially, to help with that
contract.
Council Member/Commissioner Desjardins stated that the services are to be
provided to the citizens in that area-they are residents of San Bernardino
regardless of who is hired for the position.
Mr. McEwen answered in the affirmative.
The original motion made by Council Member/Commissioner McCammack,
seconded by Council Member/Commissioner Shorett, that the Boys & Girls Club
of Redlands be removed from the eligibility list, failed by the following vote:
Ayes: Shorett, Kelley, McCammack. Nays: Marquez, Desjardins, Brinke.r.
Abstentions: Johnson.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the hearing be closed; and that said
Resolution D, be adopted. The motion carried and Resolution No. 2010-99
was adopted with Shorett and McCammack voting "no" and Johnson
abstaining.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that $15,000 be allocated to Operation
Grace. The motion carried unanimously.
Mr. Marzullo stated that the Council had received an addendum to this item. He
described the information contained therein and explained the changes that had
been made as a result of the Council's action this evening. Under Section B in
the addendum, Other Public Services would now be zero; Item No.9 would be
$77,220; and the difference of $15,000 would be added into Operation Grace
under the Public Services Section.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the hearing be closed; and that said
Resolutions A and B, be adopted. The motion carried and Resolution Nos.
2010-100 and 2010-101 were adopted unanimously.
Council Member/Commissioner Brinker left the Council Chambers and returned
after the vote was taken on Resolution C.
Council Member/Commissioner Marquez made a motion, seconded by Council
Member/Commissioner Shorett, that Resolution C, be adopted. No vote was
taken.
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Council Member/Commissioner Desjardins made a substitute motion, seconded
by Council Member/Commissioner McCammack, that the Council consider
taking separate votes on Resolution C regarding allocations to Time for Change
Foundation and Home of Neighborly Services. The motion carried with
Brinker abstaining.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that $15,000 be allocated to Time for Change
Foundation. The motion carried and Resolution No. 2010-102A was adopted
with Desjardins voting "no" and Brinker abstaining.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that $15,000 be allocated to Home of
Neighborly Services. The motion carried and Resolution No. 2010-102B was
adopted with Brinker abstaining.
R32. Item deleted
R33. Public Hearing - Purchase of City properties located on the north side of
Third Street and west of Waterman Avenue (APN's 0135-191-13, 14) and
authorizing the execution of a Sales and Purchase Agreement and a Grant
Deed
RES. 2010-103 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the sale of City property generally located on
the north side of Third Street, west of W aterman Avenue to the
Redevelopment Agency of the City of San Bernardino ("Agency") and
directing and authorizing the execution of a Sales and Purchase Agreement
and the execution of a Grant Deed for the sale of said property (Central City
East Redevelopment Project Area). (R33A)
RES. CDC/2010-24 - Resolution of the Community Development Commission
of the City of San Bernardino approving the purchase of City property
generally located on the north side of Third Street, west of Waterman
A venue by the Redevelopment Agency of the City of San Bernardino
(" Agency") and directing and authorizing the Interim Executive Director of
the Agency to execute a Sales and Purchase Agreement and a Grant Deed for
the purchase of said property (Central City East Redevelopment Project
Area). (R33B)
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner McCammack asked what the Agency intended to
do with this property.
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Emil Marzullo, Economic Development Agency Interim Executive Director,
stated that the Armory has been there since the 1950s. It's a long-term lease at
$1 per year and it goes for another 60 years. A marine recruiting station was on
the northerly portion of that property and the Agency was able to acquire it and
negotiate with the Federal Government to remove it and build a new building,
which is now occupied by the County of San Bernardino. He stated that their
intent for the other two properties would be the same.
Mr. Marzullo stated that the reserve building at the corner of Third and
Waterman is vacant and has been vacant for a couple of years, and it's pretty
unsightly. He stated that the National Guard building is still unoccupied, and it is
their intent to negotiate with the Federal Government and the State on both of the
properties to try to find a better location for them, as this neighborhood has
transitioned from the 1950s to a mixed commercial-residential neighborhood. He
stated that there are tanks and jeeps and other equipment sitting in a location right
next to residential so it would be their intent to try to relocate them and then to
bring a development deal in for either more residential or more commercial, or
both.
Council Member/Commissioner McCammack asked how they came up with the
dollar amount.
Mr. Marzullo stated that they did an appraisal of the property and came up with a
number, but did not reduce the amount by the encumbrance of the lease. If they
actually accounted for a lease encumbrance, the property would be worth
substantially less. They looked at it from the standpoint of its land value only, so
the building value is not owned by the City, it's owned by either the State or
Federal Government, so they are looking at this as an acquisition to change the
neighborhood as opposed to a fair market value appraisal with a private company.
Council Member/Commissioner McCammack asked if the property was based on
residential or commercial.
Mr. Marzullo stated that they based it on land value use only for commercial.
Council Member/Commissioner McCammack stated that she was hoping they
could get out of the habit of buying property for more than they could sell it for,
and if they are paying commercial valuation and a residential developer comes
forward, we're going to pay him half or less per square foot for this land. If a
developer wants to buy it for residential rehabilitation, then we could negotiate
with whoever the landholder is at that time, which in this case is the U.S.
Government, as to what the fair market value for the land is.
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Mayor/Chairman Morris stated that this particular property is on a prime corner
in the downtown area at Third and Waterman.
Council Member/Commissioner McCammack stated that she understood that, but
nobody is building right now.
Mayor/Chairman Morris stated that the developer just to the north on the old
Navy reserve property did a major rehabilitation of that property with a brand
new building that is now occupied by several hundred County employees, so that
was a good removal of an old Naval recruiting station, and they have the same
opportunity here.
Council Member/Commissioner McCammack asked if the County was going to
expand their operations that much more at this point.
Mayor/Chairman Morris stated that the developer of that property, as he
understood it, is interested in this piece of property.
Mr. Marzullo stated that the developer has inquired with the Agency as to the
availability of the property to the south. The challenge they have is that they still
have to deal with the Federal Government. He stated that he understood Mrs.
McCammack's questions and concerns, and his answer to that was that moving
the Federal and State Government will not be simple or quick, so it would
behoove them to get this land ready for redevelopment in the next building cycle.
If they wait for the next building cycle, they'll miss it, because it will take that
long to deal with those government entities.
Mayor/Chairman Morris stated that this property has literally been abandoned by
the government and it is a mess.
Council Member/Commissioner McCammack stated that she did not disagree
with what they intend to do with the properties, she just wanted to be sure that the
City at least gets its costs out of it.
Mr. Marzullo stated that he believed they would.
No public comments were received.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that said
resolutions A and B, be adopted. The motion carried and Mayor and Common
Council Resolution No. 2010-103 and Community Development Commission
Resolution No. CDC/2010-24 were adopted unanimously.
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R34. Consideration and adoption of a Certain Assignment Agreement and
Exclusive Right to Negotiate Agreement for a certain Promissory Note for
property located in the Central City Redevelopment Project Area (Note: See
pages 24 and 25 for subsequent action taken on May 5, 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
a Certain Assignment Agreement and Exclusive Right to Negotiate
Agreement for a certain Promissory Note for property located in the Central
City Redevelopment Project Area.
Note: No backup materials were distributed.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of May 5, 2010. The motion carried
unanimously.
35. Public Comments
Tom Ramsey, San Bernardino Public Employees Association, San Bernardino,
CA, stated that at the budget workshop on April 27, 2010, several comments
were made regarding the City's Integrated Waste Management Division and,
specifically, its employees. Mr. Ramsey requested that the employees be treated
with the same degree of respect that is provided to the citizens and asked that the
Council keep that in mind when they are talking about the cuts that have to be
made with regard to the budget.
Angela Coggs, San Bernardino, CA, stated that she has been receiving constant
notifications from the City Attorney's office regarding her landscaping. She
stated that she and her fiance are trying to keep up their yard the best they can,
but they don't understand why they are being targeted when there are houses all
around them that are not being maintained. She stated that she needs someone to
explain what is expected of them. She provided pictures of her property and
stated that it is located at 248 W. 8th Street.
Debbi Mattey, DMV Neighborhood Association, San Bernardino, CA, stated that
she worked the community beautification site at Smart and Final along with Jim
Mulvihill of the Arrowview Neighborhood Association. She thanked Mayor
Morris and Council Members Marquez and Johnson for dropping by and thanked
all the City departments including Cameron and Robbie from Refuse who helped
them get their roll-off containers. She also thanked the youth from Young
Visionaries who showed up and helped unload the trucks.
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Shirley Harlan, San Bernardino, CA, stated that during the announcement period
at the beginning of the meeting, all the Council Members announced important
events happening in their respective wards. However, when Mr. Penman
discussed his issues in his department, it sounded more like he should have been
addressing a committee, and she felt Mr. Penman was out of order. On the issue
of the food cart (Agenda Item No. 23), Ms. Harlan stated that staff should have a
place in City Hall where they could go at any time of the day and get food, but
she was opposed to the idea of a cart. Ms. Harlan added that she would like to
see more people attend the Council meetings.
36. Adjournment
At 8:12 p.m., the meeting adjourned to Wednesday, May 5,2010, at 4 p.m., in
the Council Chambers of City Hall, to discuss Agenda Item Nos. R28 and R34.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, May 17, 2010.
Reconvene - May 5, 2010
The joint adjourned 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 4:05 p.m., Wednesday, May 5, 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, Brinker, Shorett, Kelley, Johnson, McCammack; Senior
Assistant City Attorney Wilson; Economic Development Agency Interim
Executive Director Marzullo and Agency Counsel Sabo; City Manager
McNeely; City Clerk Clark.
Absent:
None.
R28. Annual Statement of Investment Policy (Continued from April 19, 2010) (Note:
See pages 12 and 13 for previous action taken on May 3, 2010.)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the Annual Statement of Investment Policy
for the year 2010, be adopted. The motion carried with McCammack voting
"no. "
R34. Consideration and adoption of a Certain Assignment Agreement and
Exclusive Right to Negotiate Agreement for a certain Promissory Note for
property located in the Central City Redevelopment Project Area (Note: See
pages 22 and 23 for previous action taken on May 3, 2010.)
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RES. 2010-25 - 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 Certain Assignment Agreement and Exclusive Right
to Negotiate Agreement for a certain Promissory Note for property located in
the Central City Redevelopment Project Area.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2010-25 was adopted with McCammack voting "no."
36. Adjournment
At 4:57 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1 :30 p.m., Monday, May 17, 2010.
RACHEL G. CLARK
City Clerk
BY~~~~
Lmda Sutherland
Deputy City Clerk
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