HomeMy WebLinkAbout04-18-2011 MinutesSan
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Vacant
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 18, 2011
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:36 p.m., Monday, April 18, 2011, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson; City Attorney Penman; City Manager
McNeely; City Clerk Clark.
Absent: Council Member/Commissioner McCammack.
Vacant: Second Ward.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Daniel Davies v. City of San Bernardino - Workers' Compensation
Appeals Board, Case No. ADJ3061243;
04/18/2011
Human Potential Consultants v. City of San Bernardino, et al. - San
Bernardino Superior Court, Case No. CIVDS 917268;
People of the State of California v. Margaret Sherman, et al. - San
Bernardino Superior Court, Case No. CIVDS 971881 (Hudson Theater
nuisance case);
Estate of Terry Nash V. City of San Bernardino, et al. - United States
District Court, Case No. CV 09-08671RGK(FFMx).
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
City of San Bernardino v. United States Fish and Wildlife Service
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:
Mt. Vernon Corridor Redevelopment Project Area
1. Property Address: 5`h Street and Mt. Vernon Avenue (Gas
Station)
2 04/18/2011
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Seller and Lessor and Ahd
Haddad, on behalf of Crossroad Petroleum,
Inc., as Purchaser and Lessee.
Under Negotiation: Purchase/Lease terms and conditions.
Central City North Redevelopment Project Area
2. Property Address: DGS property on "E" Street (northwest of
the Caltrans parking structure)
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Purchaser and authorized
representatives of the State of California,
Department of General Services, as Seller.
Under Negotiation: Lease terms and conditions.
City Attorney Penman announced that the following cases would be discussed in
closed session:
Elvia Aguilar v. City of San Bernardino et al. - United States District Court,
Case No. CV 10-03659 SJO; and
Judith Little, et al. v. City of San Bernardino, et al. - United States District
Court, Case No. CV09-06068 SVW.
Reading of Resolutions and 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.
Moment of Silence
Mayor/Chairman Morris requested a moment of silence in memory of Mildred Hudson.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Joshua Beckley from Ecclesia Christian Fellowship.
The pledge of allegiance was led by Samantha Ramirez, a fifth grade student at Abraham
Lincoln Elementary School.
2. Appointments
There were no commission appointments.
3 04/18/2011
3. Presentations and Proclamations
Public Works Director Nadeem Majaj joined Mayor Morris in presenting awards
to Community Hospital, St. Bernardine Medical Center, and Stater Bros. Markets
for being recognized by the California Department of Resources Recycling and
Recovery (CalRecycle) Waste Reduction Awards Program (WRAP) for their
outstanding waste reduction and recycling efforts.
Walt Commons, a consultant with the National Institute for Auto Service
Excellence, presented the Blue Seal Award to the Public Works Fleet Division.
City Manager Charles McNeely announced the nominees of the 2011 First
Quarter Customer Service Award: Janice Munoz, SBETA; Teresa Keller,
SBETA; Mitch Assumma, Parks, Recreation & Community Services; Susan
Estrada, Animal Control; Officer Ray Diaz, Police Department; Oscar Gonzalez,
Public Works; Tony Meyers, Community Development; Captain Nate Cook, Fire
Department; Maria Valenzuela, Fire Department; and Richard Luczak, City
Attorney's Office. The recipient of the 2011 First Quarter Customer Service
Award was Tony Meyers of Community Development.
Mayor Morris presented a proclamation to Ryan English, Assistant General
Manager of the Inland Empire 66ers Baseball Club of San Bernardino,
acknowledging the Club's community outreach and its new affiliation with the
Los Angeles Angels of Anaheim.
Council Member Chas Kelley presented a proclamation to Joe Doyle, Assistant
for Public Affairs, and Mr. Kirk Garvin, Stake President of the Church of Jesus
Christ of Latter Day Saints, honoring Mormon Helping Hands, an organization
that provides community assistance and disaster relief throughout the world.
The following individuals were presented a service pin award by Mayor/
Chairman Morris in recognition of their many years of dedicated service to the
City:
Name
Charles Carter
Rebecca Daugherty
Aron Liang
Carmencita Benitez
James Davis
Lilly Griffin
Department
Community Development
Community Development
Community Development
Fire
Fire
Police
Years of Service
15
5
10
10
15
5
4 04/18/2011
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 and 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 dated April 18, 2011, be waived. The
motion carried with McCammack absent.
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: February
7, 2011; February 22, 2011; and March 17, 2011. The motion carried with
McCammack absent.
7. Claims and 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 12, 2011, from
Barbara Pachon, Director of Finance, be approved. The motion carried with
McCammack absent.
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 14, 2011, in accordance with Civil Service rules and
Personnel policies adopted by the Mayor and Common Council of the City of San
Bernardino, be approved and ratified. The motion carried with McCammack
absent.
9. ORD. MC -1349 - An Ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Chapter 5.05 prohibiting the establishment and
operation of medical marijuana dispensaries. FINAL READING (Continued
from April 4, 2011)
5 04/18/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No.
MC -1349 was adopted with McCammack absent.
10. RES. 2011-91 - A Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution No. 2005-286 regarding towing
regulations.
City Attorney Penman stated that he would abstain on this item due to the
appearance of a conflict because the San Bernardino Chamber of Commerce has
taken a position in opposition to the establishment of a Police tow yard and his
wife is the president and CEO of the San Bernardino Chamber of Commerce. He
advised that Mr. Sabo's office had reviewed the item and would be available to
answer any questions posed by the Council.
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; and that the
Director of Finance be authorized to amend the FY 2010/11 budget to appropriate
any increase in revenue generated in excess of the amount originally estimated for
the Tow Franchise Program to the Police Department for police officer retention;
and that the $300,000 increase in revenue derived from the new Tow Franchise
Program in the FY 2011/12 budget proposal be used to fund either four police
officer positions that will be eliminated if the State does not provide funding to
the COPS/SLESF Grant Program, or to reinstate police positions that were
eliminated as part of the 8% budget cuts if that grant program is funded. The
motion carried and Resolution No. 2011-91 was adopted with McCammack
absent.
11. RES. 2011-88 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of Amendment No. 2 to the
agreement for auditing services by and between the City of San Bernardino
and Rogers, Anderson, Malody & Scott, L.L.P. for the provision of financial
auditing services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-88 was adopted with McCammack absent.
6 04/18/2011
12. RES. 2011-89 - 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 Zoll Medical Corporation for four Cardiac Monitor/
Defibrillators with accessories.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-89 was adopted with McCammack absent.
13. RES. 2011-90 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to execute a Use of Facilities
Agreements by and between California State University, San Bernardino and
the City of San Bernardino; allowing for use of Fiscalini Field from January
1, 2011 through December 31, 2011, with the option of three (3) one-year
renewals; and repealing Resolution 2010-26.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-90 was adopted with McCammack absent.
14. ORD. MC -1350 - An Urgency Ordinance of the City of San Bernardino
amending San Bernardino Municipal Code (Development Code) Section
19.06.030(2)(B) regarding alcoholic beverage sales activities, declaring the
urgency thereof and taking effect immediately. URGENCY
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said urgency ordinance be adopted; and that
said ordinance also be referred to the Planning Commission for review and
recommendation. The motion carried and Ordinance No. MC -1350 was
adopted with McCammack absent.
15. Community Development Department Position Reclassification
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council reclassify
one Development Services Admin Supervisor position, Range 4490, $5,113 -
$6,215/month, to Senior Civil Engineer, Range 4550, $6,896 - $8,383/month;
that the Director of Human Resources be authorized to update Resolution No. 97-
244 to reflect these actions; and that the Director of Finance be authorized to
amend the FY 2010/11 budget. The motion carried with McCammack absent.
7 04/18/2011
16. Reorganization of Print Shop in the Information Technology Department
Staff requested that the deletion of the Reprographics & Mail Technician position
be continued for two weeks.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council add one
IT Technician 11 (Flex) position, Range 3430, $3,791 - $4,607/month; delete one
Reprographics & Mail Supervisor position, Range 2440, $3,984 - $4,843/month;
that the Director of Human Resources be authorized to update Resolution No.
97-244 to reflect these actions; that the Director of Finance be authorized to
amend the FY 2010/11 budget and incorporate the changes into the FY 2011/12
budget proposal; and that the deletion of one Reprographics & Mail Technician
position, Range 1370, $2,810 - $3,416/month be continued to the Council/
Commission meeting of May 2, 2011. The motion carried with McCammack
absent.
17. Public Works Department, Operations and Maintenance Division, Staffing
Changes
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council add two
Electrician I positions, Range 1410, $3,431 - $4,170/month; establish two part-
time Electrician I positions, $19.79 - $24.05/flat hourly rate; reclassify the
Deputy Director/Maintenance Services (U) position, Range 4570, $7,620 -
$9,262/month to Operations and Maintenance Division Manager (U), Range
4540, $6,561 - $7,975/month; that the job descriptions be approved as proposed;
that the Director of Human Resources be authorized to update Resolution Nos.
97-244 and 2008-20 to reflect these actions; and that the Director of Finance be
authorized to amend the FY 2010/11 budget and transfer $28,400 from Account
No. 001-400-5502-0000-0092 to Account No. 001-400-5011-0000-0092 and
transfer $20,600 from Account No. 001-400-5502-0000-0092 to Account No.
001-400-5014-0000-0092. The motion carried with McCammack absent.
18. RES. 2011-92 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of the Indian Gaming Local
Community Benefit Grant in the amount of $1,328,204.00 for FY 11/12 and
authorizing the expenditure of said grant for the designated law enforcement
purposes as outlined in the grant budget.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2011-92 was adopted with McCammack absent.
8 04/18/2011
19. An Ordinance of the Mayor and Common Council of the City of San
Bernardino adding Chapter 15.27 entitled Crime -Free Rental Housing
Program to the San Bernardino Municipal Code.
Public Comments:
Roy Ferguson, San Bernardino, CA;
Kathy Pinegar, San Bernardino, CA;
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the ordinance be referred to the Legislative
Review Committee; that a resolution establishing the annual fee as recommended
be brought forward for concurrent adoption; and that the staffing
recommendations be referred to the Personnel Committee.
City Attorney Penman advised the Council of a Brown Act issue in that Motion 1
referred the matter to the Legislative Review Committee and Motion 3 referred it
to the Personnel Committee, which would result in the matter being heard by a
quorum of the Council. He recommended that Motions 1 and 2 be approved and
that Motion 3 be deferred until the second reading of the ordinance.
Council Member/Commissioner Johnson amended his motion, seconded by
Council Member/Commissioner Brinker, that the ordinance be referred to the
Legislative Review Committee; and that a resolution establishing the annual fee as
recommended be brought forward for concurrent adoption. The motion carried
with McCammack absent.
20. Municipal Code amendment to permit food carts and vegetable stands
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be referred to the Legislative
Review Committee. The motion carried with McCammack absent.
21. Agenda for Mayor and Common Council Workshop on April 26, 2011
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker stated that he would like to have a
discussion about the possibility of moving public comments to the beginning of
the Council meetings.
9 04/18/2011
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the procedures and operating guidelines be
discussed at the April 26, 2011 Mayor and Common Council Workshop. The
motion carried with Kelley voting "no" and McCammack absent.
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson; City Attorney Penman; Economic
Development Agency Interim Executive Director Marzullo and Special
Counsel Sabo; City Clerk Clark.
Absent: Council Member/Commissioner McCammack.
Vacant: Second Ward.
R22. Public Hearing - Relocation Plan - Lugo Senior Apartments, LLC (the
"Project") (Inland Valley Development Area)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Relocation Housing Plan for
displaced residents of the Lugo Senior Apartments, LLC.
Note: No backup materials were distributed.
Mayor/Chairman Morris opened the hearing.
Staff requested that the item be continued to May 2, 2011.
No public comments were received.
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 2, 2011. The motion carried with Kelley and
McCammack absent.
R23. University Park Promenade and Shops, LLC - Benefit resolutions for certain
public improvements adjacent to Northpark Boulevard and University
Parkway pursuant to the Owner Participation Agreement (Continued from
April 4, 2011)
10 04/18/2011
RES. 2011-93 - Resolution of the Mayor and Common Council of the City of
San Bernardino consenting to certain payments by the Redevelopment
Agency of the City of San Bernardino and making certain findings and
determinations pursuant to Health & Safety Code Section 33445 as to the
benefit to the State College Redevelopment Project Area for the installation
of public improvements adjacent to the public rights-of-way of Northpark
Boulevard and University Parkway (State College Redevelopment Project
Area). (R23A)
RES. CDC/2011-21 - Resolution of the Community Development Commission
of the City of San Bernardino making certain findings and determinations
pursuant to Health and Safety Code Section 33445 as to the benefit to the
State College Redevelopment Project Area for the installation of public
improvements adjacent to the public rights-of-way of Northpark Boulevard
and University Parkway (State College Redevelopment Project Area).
(R23B)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2011-93 and Community
Development Commission Resolution No. CDC/2011-21 were adopted with
McCammack absent.
24. City Attorney report on Political Reform Act investigations and prosecutions;
policies and procedures followed by the office on conducting investigations
and prosecutions
Note: No backup materials were distributed.
Staff requested that the item be continued to May 2, 2011.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of May 2, 2011. The motion carried with McCammack
absent.
25. Public Comments
Bill Sandefur, San Bernardino, CA, spoke about safety issues at the
Meadowbrook Apartments where the majority of renters are disabled. He stated
that visitors to the apartment complex use the emergency exits to stay hidden
11 04/18/2011
from the cameras, which causes loud alarms to be heard continuously 5-20 times
during the day.
Paul Sanborn, San Bernardino, CA, stated that he would like the members of the
Council to be full-time employees.
Joe Ortiz, San Bernardino, CA, read a letter written by Thomas Poole, Jr. that
appeared in The Sun newspaper on April 6, 2011.
Robert Jenkins, San Bernardino, CA, thanked the Mayor and Council for their
sponsorship and participation in the Railroad Days event held this past weekend.
He stated that the Santa Fe Railroad has employed three generations of his family
here in San Bernardino.
Karen Serrano, San Bernardino, CA, spoke about Congressman Baca's proposed
amendment to the Endangered Species Act and distributed copies of the press
release and the legislation to the members of the Council; presented a Certificate
of Recognition to the City of San Bernardino on behalf of Congressman Baca
congratulating the City on the successful Railroad Days event; announced that she
was leaving Congressman Baca's office and that her replacement's name was
Candace Loya; and that Congressman Baca had endorsed Virginia Marquez
because he felt that she was the best candidate for the First Ward Council seat.
Candace Loya, San Bernardino, CA, introduced herself as the new
Congressional Liaison for San Bernardino from Congressman Baca's office.
Manuel Armendarez, Highland, CA, spoke in opposition to the new sports bar
that is being built in his neighborhood at 3660 Highland Avenue in the Fourth
Ward.
Jim Penman, San Bernardino, CA, addressed a comment that was made at the
last Council meeting that alleged that the City Attorney engages in character
assassination.
Jim Smith, San Bernardino, CA, stated that the Council has to work to change
the public's perception of the City.
Amelia Lopez, San Bernardino, CA, stated that her program has been
collaborating with the City to reduce some of the problems related to alcohol and
drug abuse in the City and that they have been providing Responsible Beverage
Service training classes in the basement of City Hall. She stated that they are
pleased with the progress the City is making with the deemed approved
ordinance, especially as it moves forward toward enforcement, education and
training.
12 04/18/2011
Ms. Lopez announced that the Coalition for a Drug Free San Bernardino and the
City of San Bernardino would be hosting a community town hall meeting on May
11, 2011, from 6-8 p.m., in the Council Chambers of City Hall, to discuss
substance abuse and possible solutions.
26. Adjournment
At 5:45 p.m., the meeting adjourned to 5 p.m., Tuesday, April 26, 2011, in the
Economic Development Agency Boardroom to consider Boards and
Commissions.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, May 2, 2011.
RACHEL G. CLARK
City Clerk
By ,
Linda Sutherland
Deputy City Clerk
13 04/18/2011