HomeMy WebLinkAbout06-Council 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
Vacant
Tobin Brinker
Fred Shorell
Chas Kelley
Rikke Van Johnson
Wendy McCammack
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 5, 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
Pro Tempore Shorett at 1:32 p.m., Tuesday, July 5, 2011, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor Pro Tempore Shorett; Council Members/Commissioners
Marquez, Brinker, Kelley, Johnson, McCammack; City Attorney
Penman; City Manager McNeely; City Clerk Clark.
Absent:
Mayor/Chairman Morris.
Vacant:
Second Ward.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Amel'ical'lll'lsb/r8l'lce Cel'/'lfJal'lY, al'l OMahtmll/ csrperat-isl'l '"s. City sf SIlfI
Bemarmns Slim BemSFmnB Caul'lty SblpeFisF CSUFt, Case lYe. Cll'DS
1015159;
07/05/2011
Willie Mason, Sr. ','. City of San Bernardino, et al.
DistFict CauFf, Case .'Va. EDCY J{} 005()1l~1P (Opx);
&'1lited St-ates
William Schneid v. City of San Bernardino, et al. - San Bernardino
Superior Coun, Case No. CIVDS 1009217;
Arnold Herrera v. City of San Bernardino, Officers Kim Hernandez,
Devon Reid, Jesus Ve,l1a, and Ser,l1eants Travis Walker and Roben Youn,l1
- United States District Coun, Case No. ED-CV-11-oo204 VAP (OPx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9:
American Traffic Solutions v. City
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
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.
City Attorney Penman advised that the first two cases listed under Agenda Item
No. lA would not be discussed during closed session.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
A moment of silence was observed in memory of retired fire captain David Kreske.
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07/05/2011
Invocation/Pledge of Allegiance
The invocation was given by Reverend Kenny Baker of Allen Chapel AME Church.
The pledge of allegiance was led by Kaylene Zavala, a fifth grade student at Newmark
Elementary School.
2. Reappointments - Jessica Hurst, Thomas G. Rennard, Marion Vassilakos -
Board of Library Trustees - Mayor Morris
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the reappointments of Jessica Hurst,
Thomas G. Rennard, and Marion Vassilakos to the Board of Library Trustees,
as requested by Mayor Morris, be approved. The motion carried
unanimously.
3. Proclamations & Presentations
Mayor Pro Tern Shorett presented a proclamation designating the month of July
as Parks and Recreation Month to Kevin Hawkins, Director of Parks,
Recreation and Community Services, and members of his staff.
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 Marquez, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission dated July 5, 2011, be waived. The
motion carried unanimously.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the minutes of the following meeting(s)
of the Mayor and Common Council/Community Development Commission of
the City of San Bernardino be approved as submitted in typewritten form: June
16, 2010; June 17, 2010; and May 2, 2011 (revised). The motion carried
unanimously.
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07/05/20 II
7. Claims and Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated June 29,
2011, 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 Marquez, that the personnel actions. as submitted by the
Chief Examiner, dated June 30, 2011, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino, be approved and ratified. The motion carried
unanimously.
9. RES. 2011-213 - Resolution of the Mayor and Common Council of the City
of San Bernardino acknowledging the receipt and filing of the Annual
Statement of Investment Policy for the period July 1, 2011 through June 30,
2012.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-213 was adopted unanimously.
10. ORD. MC-1356 - An Ordinance of the City of San Bernardino amending
Table 06.01, List of Permitted Uses, in Chapter 19,06 of the San
Bernardino Municipal Code (Development Code), Commercial Districts, to
permit movie theaters of four or more screens subject to a Conditional Use
Permit in the Downtown Main Street Overlay District. FINAL READING
(Continued from June 20,2011.)
Council Member/Commissioner McCammack stated that she is completely
supportive of the downtown theater being successful, but she is not in support of
preventing someone from putting a theater in other areas of the City; and this
amendment allows for no more than three screens at any other theaters.
Council Member/Commissioner Kelley stated that no one has championed
downtown more than he has, but he is concerned about a monopoly-concerned
that this ordinance would not allow any other movie theaters permitted
elsewhere. He stated that if staff wanted to remove the provision that prevents
other theaters from opening up multi-screen theaters in other parts of the
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07/05/2011
community, then he would be happy to vote "yes," but otherwise he would have
to vote "no."
City Attorney Penman advised that at the last meeting he had stated that if this is
such an important condition that we not allow any theaters to build anywhere
else in the city with four or more screens, then we should wait and play that
negotiating chip to the end and use that in the actual agreement that we are
working on now with Regal Cinemas. The mayor had responded that all of the
theater groups that had talked with the City wanted the same condition. Mr.
Penman stated that if it is that important to every single theater developer, we
should not just give it away until we are ready to sign on the dotted line. He
stated that when dealing with something that is a deal breaker, something that
your opponent really wants in a negotiation, you do not ever give them what
they want until you get what you want.
He added that there is more to it than that. It has been determined that there is
another development agreement with the Inland Center Mall that had to do with
their theaters, and his staff found this agreement since the first reading of this
ordinance. He stated that that agreement makes it clear that the Inland Center
Mall bulldozed a movie theater there some years in the past, and they entered
into a development agreement, which he believes supersedes this ordinance and
will supersede the development agreement we sign with whomever ends up
going in to do the movie theater downtown. It makes it clear that they have a
vested right to develop a movie theater complex with more than four theaters.
He stated that one has to ask if Regal and the other potential movie theater
developers are so insistent that we pass this ordinance, and that part of their
agreement with us be that there cannot be any other movie theaters of four
screens or more, how is it that they were going to allow this to happen and is it
because they did not know, which is probably the case.
Mr. Penman advised that Agency Counsel Sabo stated that he had not recalled it
until Mr. Empeiio brought it to his attention. Mr. Sabo' s written response to
Mr. Empeiio on June 24 stated, "My initial reaction is the same as that of
Margo Wheeler and Terri Rahhal. The Inland Center Mall has a vested right
which cannot be superseded by this latest action on Agenda Item No. 31."
(Note: It was Agenda Item No. 31 on the previous Council Agenda for June 20;
today it is Agenda Item No. 10.)
Mr. Penman noted that the original agreement provided that the Inland Center
Mall could not develop or promote theaters until two years had passed. He then
continued, quoting from Mr. Sabo's correspondence, "The original two-year
standstill of the Inland Center Mall was to give the EDA the opportunity to build
a downtown cinema, which has been completed. I believe that the two-year
provision is irrelevant at this time. The Inland Center Mall by reason of the
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07/05/2011
prior development agreement would be an exception to the new development
code amendment. "
Emil Marzullo, Interim Executive Director of the Economic Development
Agency, responded that they have been working on the Regal deal for six
months and the issue of zoning protection is not a Regal issue; in fact, there is
nothing before the Council that even says Regal. He stated that several
companies responded to their RFP and each and everyone of them requested/
demanded zoning protection; and they demanded that because we have a market
that has a problem. We have a failed theater in the downtown, and we have a
history of failed theaters in this city. The issue before the Council was taken
almost verbatim-they used a template from a company in Folsom, California,
and it was the #2 company that was here debating the theater deal, which was
Cinema West.
He stated that he understood, now that it has been brought up, that the Inland
Center has a pre-arrangement-the Agency was just alerted to that last week.
So if they were to come in now, 17 years after that agreement was put in place,
and decide to put in a theater, he supposed they could do that; however, it was
unlikely that they will. A theater failed there once and there is no demand to
put one there again. He believes it is up to the Council to move forward.
Public Comments:
Cheryl Brown, NAACP, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance
No. MC-1356 was adopted with Kelley and McCammack voting "no."
11. ORD. MC-1357 - An ordinance of the City of San Bernardino amending
Section 19.22.080 (7) of the San Bernardino Municipal Code (Development
Code) to revise the application procedure for off-site electronic message
center signage in redevelopment project areas. FINAL READING
(Continued from June 20, 2011.)
Council Member/Commissioner McCarnmack stated 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.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said ordinance be adopted. Ordinance
No. MC-1357 was adopted with McCammack abstaining.
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07/05/2011
12. ORD. MC-1353 - An ordinance of the City of San Bernardino amending
Chapter 19.06 (Commercial Districts), Section 19.06.030 (2)(T)(I) of the
San Bernardino Municipal Code (Development Code) related to service
station standards. FINAL READING (Continued from June 20,2011.)
Council Member/Conunissioner Johnson made a motion, seconded by Council
Member/Conunissioner Marquez, that said ordinance be adopted. Ordinance
No. MC-1353 was adopted unanimously.
13. ORD. MC-1358 - An 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. FINAL
READING (Continued from June 20,2011.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Conunissioner Brinker, that said ordinance be adopted.
Ordinance No. MC-1358 was adopted unanimously.
14. ORD. MC-1354 - An ordinance of the City of San Bernardino amending the
San Bernardino Municipal Code (Development Code) by modifying
definitions in Section 19.02.050 and parking standards in Section 19.24.040
and adding Chapter 19.63 to establish a procedure for requesting
reasonable accommodation for individuals with disabilities. FINAL
READING (Continued from June 20, 2011.)
Council Member/Conunissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said ordinance be adopted. Ordinance
No. MC-1354 was adopted unanimously.
15. ORD. MC-1355 - Ordinance of the City of San Bernardino amending
Section 2.15.020 (Community Development) and repealing Chapter 2.78
(Code Compliance) of the San Bernardino Municipal Code. FINAL
READING (Continued from June 20,2011.)
Council Member/Conunissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said ordinance be adopted. Ordinance
No. MC-1355 was adopted unanimously.
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07105/2011
16. RES. 2011-214 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the extension of Amendment No. 1 to the
agreement with Tiburon Inc. of Pleasanton, California, approved by
Resolution No. 2009-189.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-214 was adopted unanimously.
17. RES. 2011-215 - Resolution of the City of San Bernardino approving
agreement with AKM Consulting Engineers to provide professional
engineering services for preparation of a Comprehensive Sewer Master Plan
(SW10-014).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-215 was adopted unanimously.
18. Public Hearing - Establish schedule of fees for the Crime Free Rental
Housing Program
Resolution of the Mayor and Common Council of the City of San
Bernardino establishing the schedule of fees for the Crime Free Rental
Housing Program.
Note: No resolution was distributed with the backup materials.
Mayor Pro Tem Shorett opened the hearing.
Staff requested a continuance to the next meeting.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of July 18, 2011. The motion carried
unanimously.
19. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Master Services
Memorandum of Understanding with the Water Department for provision
of City services for Fiscal Year 2010/2011. (Continued from June 20, 2011.)
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07/05/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of July 18, 2011. The motion carried
unanimously.
20. Resolution of the Mayor and Cornmon Council of the City of San
Bernardino authorizing the City of San Bernardino Fire Department to
enter into an agreement with the County of San Bernardino to provide fire
protection and paramedic services to County unincorporated areas within
the City of San Bernardino's sphere of influence from July 1, 2011 through
June 30, 2016. (Continued from June 20, 2011.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of July 18, 2011. The motion carried
unanimously.
21. An ordinance of the Mayor and Cornmon Council of the City of San
Bernardino authorizing an amendment to the contract between the Mayor
and Cornmon Council of the City of San Bernardino and the Board of
Administration of the California Public Employees' Retirement System.
FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said ordinance be laid over for
final adoption. The motion carried unanimously.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor Pro Tempore Shorett; Council Members/Commissioners
Marquez, Brinker, Kelley, Johnson, McCammack; Assistant City
Attorney Easland; Economic Development Agency Interim Executive
Director Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent:
Mayor/Chairman Morris.
Vacant:
Second Ward.
R22. Joint Public Hearing - Disposition and Development Agreement by and
between the Redevelopment Agency of the City of San Bernardino and In-
N-Out Burgers, Inc., a California corporation - Southeast corner of Sth and
H Streets (Central City North Redevelopment Project Area) (Continued
from June 20, 2011.)
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Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to a Disposition and Development Agreement by and
between the Redevelopment Agency of the City of San Bernardino
("Agency") and In-N-Out Burgers, Inc., a California corporation -
Southeast corner of 5'" and H Streets (Central City North Redevelopment
Project Area). (R22A)
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 Disposition and Development Agreement by and between the
Agency and In-N-Out Burgers, Inc., a California corporation - Southeast
corner of 5th and H Streets (Central City North Redevelopment Project
Area). (R22B)
Note: No backup materials were distributed.
The hearing remained open.
Emil Marzullo, Interim Executive Director of the Economic Development
Agency, noted that staff was requesting continuation of Agenda Item Nos. R22,
R25 and R26 because the governor had signed two bills on June 28 regarding
redevelopment agencies and until the Mayor and Council take action on an
Urgency Reinstatement Ordinance the Agency is not authorized to conduct most
business including contracts, purchase orders, etc.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of July 18, 2011. The motion carried
unanimously.
R23. Homebuyer Assistance Program Report for the Quarter ending March 31,
2011
Council Member/Commissioner McCammack 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 Report
of the Homebuyer Assistance Program activities for the quarter ending March
31, 2011 for the Redevelopment Agency of the City of San Bernardino. The
motion carried unanimously.
R24. 5th Street and Meridian Avenue Project ("Project") - Update of Project
Activities
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07/05/2011
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that the Community Development
Commission of the City of San Bernardino receive and file the annual update of
project activities of the 5th Street and Meridian A venue Project for the
Redevelopment Agency of the City of San Bernardino. The motion carried
unanimously.
R25. 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
Joseph E. Bonadiman and Associates, Inc. ("Consultant") for professional
design and engineering services for Northpark Boulevard and University
Parkway Street Improvements Project (State College Redevelopment
Project Area).
Staffrequested a continuance to July 18, 2011. (See Agenda Item No. R22.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of July 18, 2011. The motion carried with
Kelley voting "no."
R26. 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
Allwest Development Company, Inc. ("Consultant") for construction
management services for Northpark Boulevard and University Parkway
Street Improvements Project (State College Redevelopment Project Area).
Staff requested a continuance to July 18,2011. (See Agenda Item No. R22.)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of July 18, 2011. The motion carried with
Kelley voting "no."
27. RES. 2011-216 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the Fiscal Year 2011/2012 through 2015/2016
Capital Improvement Program.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted with Exhibit A.
Resolution No. 2011-216 with Exhibit A was adopted unanimously.
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07/05/2011
Council Member/Commissioner Marquez stated she would abstain from voting
on the resolution with Exhibit B because she lives in the area; and Council
Member/Commissioner Brinker stated he would abstain because he owns
property within 500 feet of the Hunts Lane grade separation project. They left
the Council Chambers and returned after the vote was taken.
Council Member/Commission Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted with Exhibit B.
Resolution No. 2011-216 with Exhibit B was adopted with Marquez and
Brinker abstaining.
Council Member/Commissioner McCarnmack stated she would abstain from
voting on the resolution with Exhibit C because sbX Omnitrans is a business
client. She left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted with Exhibit
C. Resolution No. 2011-216 with Exhibit C was adopted with McCammack
abstaining.
28. Public Comments
Pastor Ray Turner, Temple Missionary Baptist Chursh, San Bernardino, CA,
and Cheryl Brown, speaking on behalf of Hardy Brown, editor of Black Voice
News, stated that they were appalled at a flyer they had seen/received regarding
the fire cadet program that had been unanimously approved at the previous
Council meeting. Pastor Turner stated that the proponents should be terminated
from City employment immediately, and Ms. Brown asked for a complete
investigation, stating that the NAACP and the Black Voice News would not
stand for this.
Fire Chief Conrad stated that the matter was being investigated with the help of
the Police Department and the Council would be kept apprised of their findings.
Judy Castorena, San Bernardino, CA, stated that she lives in Waterman
Gardens and she supports the fire cadet program and anything that can be done
to support their children should be done.
Bill Sandefur, San Bernardino, CA, spoke regarding code issues at
Meadowbrook.
12 07/05/2011
Terry Stoller, Diamond Bar, CA, president of the California Area Local Postal
Workers, spoke regarding the proposed closure of the Orange Show Lane post
office and requested that the Council contact the postal service to preclude them
from taking such action.
Council Member/Commissioner Johnson asked Mr. Stoller if he had a
resolution regarding the matter. Mr. Stoller stated that he did not, but that he
would get one and send it to Mr. Johnson.
Owen Mobley, San Bernardino, CA, stated that he lives on Northpark
Boulevard and the pine trees, which are very large, need to be removed because
they are lifting the roadway.
29. Adjournment
The meeting adjourned at 6:03 p.m. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 1 :30 p.m., Monday, July 18, 2011.
RACHEL G. CLARK
City Clerk
By:
L~,,-? ~
Linda E. Hartzel
Deputy City Clerk
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07/05/2011
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CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Vacant
Tobin Brinker
Fred Shorelt
Chas Kelley
Rikke Van Johnson
Wendy McCanunack
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT SPECIAL MEETING
JULY 11,2011
COUNCIL CHAMBERS
NOTICE IS HEREBY GIVEN that the Mayor and Common Council of the City of San
Bernardino have called a special meeting of the Mayor and Common Council for 5:00
p.m., Monday, July 11, 2011, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
The purpose for which this meeting was called was to consider the following:
A City urgency ordinance reinstating and continuing the powers of the Redevelopment
Agency; Community Development Commission (CDC) resolutions rescinding June 29,
2011 CDC budget adoption actions and approving the Economic Development Agency
Fiscal Year 2011-2012 budget; and CDC approval of Professional Services Agreements
with Joseph E. Bonadiman and Associates, Inc. and Allwest Development Company,
Inc.
The special meeting of the Mayor and Common Council of the City of San Bernardino
was called to order by Mayor/Chairman Morris at 5:06 p.m., Monday, July 11, 2011,
in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
07/ll/201l
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Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman;
City Manager McNeely; Economic Development Agency Interim
Executive Director Marzullo and Agency Counsel Sabo; City Clerk
Clark.
Absent:
None.
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).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
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.
The Mayor and Common Council did not recess for closed session during this
meeting.
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07/11/2011
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R2. ORD. MC-1359 - An Urgency Ordinance of the City of San Bernardino
providing for the reinstatement and continuation of the powers of the
Redevelopment Agency of the City of San Bernardino and declaring the
urgency thereof to take effect immediately.
Emil Marzullo, Interim Executive Director of the Economic Development
Agency, provided an overview of the Staff Report and Supplemental Staff
Report and answered questions from the Council.
Public Comments
Warner Hodgdon, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that full reading be waived; and that said
Urgency Ordinance be adopted. The motion carried and Ordinance No. MC-
1359 was adopted with McCammack abstaining.
R3. Rescind June 29, 2011 CDC Budget Adoption Actions & Approve Fiscal
Year 2011-2012 Budget
RES. CDC/2011-41 - Resolution of the Community Development
Commission of the City of San Bernardino, California, rescinding
Resolution No. CDC/2011-34 and approving the Economic Development
Agency's Budget for the Fiscal Year 2011-2012 with any such amendments,
changes and modifications that may be specifically authorized by said
Commission, except for those portions of certain budget lines which are
related to the Central City Projects Redevelopment Area and the Uptown
Redevelopment Project Area. (R3A)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that full reading be waived and that
Resolution A be adopted. The motion carried and Resolution No. CDC/2011-
41 was adopted with McCammack abstaining.
RES. CDC/2011-42 - Resolution of the Community Development
Commission of the City of San Bernardino, California, rescinding
Resolution No. CDC/2011-39 and approving the Economic Development
Agency's Budget for those portions of certain budget lines which are related
to the Uptown Redevelopment Project Area for the Fiscal Year 2011-2012
with any such amendments, changes and modifications that may be
specifically authorized by said Commission. (R3B)
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07/11/2011
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Council Member/Commissioner McCammack stated she would abstain on
Resolution B because she owns property in the Uptown Redevelopment Project
Area. She left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that full reading be waived and that Resolution
B be adopted. The motion carried and Resolution No. CDC/2011-42 was
adopted with McCammack abstaining.
RES. CDC/2011-43 - Resolution of the Community Development
Commission of the City of San Bernardino, California, rescinding
Resolution No. CDC/2011-40 and approving the Economic Development
Agency's Budget for those portions of certain budget lines which are related
to the Central City Projects Redevelopment Project Area for the Fiscal Year
2011-2012 with any such amendments, changes and modifications that may
be specifically authorized by said Commission. (R3C)
Council Member/Commissioner Marquez stated she would abstain because she
lives within 500 feet of the Central City Projects Redevelopment Project Area.
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 full reading of the resolution be waived
and that Resolution C be adopted. The motion carried and Resolution No.
CDC/2011-43 was adopted with Marquez and McCammack abstaining.
RES. CDC/2011-44 - Resolution of the Community Development
Commission of the City of San Bernardino, California, rescinding
Resolution No. CDC/2011-35 and authorizing the funding of various City of
San Bernardino Fiscal Year 2011-2012 public improvement expenditures
and making fmdings and determinations pursuant to Health & Safety Code
Sections 33445 and 33445.1 as to the benefit to the various Redevelopment
Project Areas for the undertaking of various public improvements. (R3D)
RES. CDC/2011-45 - Resolution of the Community Development
Commission of the City of San Bernardino, California, rescinding
Resolution No. CDC/2011-36 and approving the Economic Development
Agency's analysis and determination of the appropriateness of the Planning
and Administration Expenditures of the Low- and Moderate-Income
Housing Fund for the Fiscal Year 2011-2012 Agency Budget. (R3E)
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07/11/2011
RES. CDC/2011-46 - Resolution of the Community Development
Commission of the City of San Bernardino, California, rescinding
Resolution No. CDC/2011-37 and approving a Master Services Agreement
for Fiscal Year 2011-2012 by and between the Redevelopment Agency of the
City of San Bernardino ("Agency") and the City of San Bernardino
("City") and authorizing the Agency's payment to the City for the
performance of certain functions by City Departments for the benefit of the
Agency. (R3F)
RES. CDC/2011-47 - Resolution of the Community Development
Commission of the City of San Bernardino, California, rescinding
Resolution No. CDC/2011-38 and approving the execution and delivery of
an Agency-City 2011-2012 Loan Agreement and 2011-2012 Note of the City
of San Bernardino ("City") payable to the Redevelopment Agency of the
City of San Bernardino ("Agency") in the principal amount equal to
$1,356,250 for the repayment of the $1,332,925 principal amount of the
2010-2011 Note from the City to the Agency. (R3G)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that full reading be waived and that
Resolutions D through G be adopted. The motion carried and Resolution Nos.
CDC/2011-44 thru CDC/2011-47 were adopted with McCammack
abstaining.
R4. RES. CDC/2011-48 - 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 Joseph E. Bonadiman and Associates, Inc.
("Consultant") for Professional Design and Engineering Services for
Northpark Boulevard and University Parkway Street Improvements Project
(State College Redevelopment Project Area).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that full reading be waived and that said
resolution be adopted. The motion carried and Resolution No. CDC/2011-48
was adopted unanimously.
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07111/2011
R5. RES. CDC/2011-49 - Resolution of the Conununity 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 Allwest Development Company, Inc.
("Consultant") for Construction Management Services for Northpark
Boulevard and University Parkway Street Improvements Project (State
College Redevelopment Project Area).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that full reading be waived and that said
resolution be adopted. The motion. carried and Resolution No. CDC/2011-49
was adopted unanimously.
5. Public Comments
Scott Olson, resident of Pacific Palms Mobile Home Park, San Bernardino,
CA, had questions regarding the nonprofit mobile home corporation that is
managing the park and how they are conducting business.
Shirley Harlan, San Bernardino, CA, spoke regarding her observations of the
City's budget meetings.
Warner Hodgdon, San Bernardino, CA, had an observation regarding the
backup materials.
6. Adjournment
The meeting adjourned at 5:55 p.m. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, July 18, 2011, in the Council Chambers of
City Hall.
RACHEL G. CLARK
City Clerk
By: f+Ha!~I;t;p
Deputy City Clerk
6 07/11/2011
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
JULY 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 1:35 p.m., Monday, July 18,2011, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Absent:
Vacant:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Pemnan;
City Manager McNeely; City Clerk Clark.
None.
Second Ward.
1. Closed Session
Pursuant to Govermnent Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Govermnent Code Section 54956.9(a):
Donald Sipple, et al. v. City of San Bernardino, et al. - Los Angeles
Superior Court, Case No. BC 462270.
07118/2011
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
American Traffic Solutions v. City
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
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 Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
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 David Zamora,
Mayor of the City of Colton.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Dennis Morgan Brown, former Pastor of New
Hope Missionary Baptist Church. The pledge of allegiance was led by Marisol Magana,
a fifth grade student at Riley Elementary School.
2. Appointments
There were no commission appointments.
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3. Presentations
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
Vanessa Barajas
Telicia Lopez
Ryan Aschenbrenner
Dirk Dippold
Adrienne Loa
Danny Louie
Department
City Clerk
City Clerk
Public Works
Public Works
Public Works
Public Works
Years of Service
5
5
5
5
25
10
Charles McNeely announced that three new categories had been added to the
Employee of the Quarter A ward and that four recipients would be receiving the
award.
. Keith Kilmer, Chief of Police, announced that the recipient of the
Leadership A ward was Lt. Mark Aranda.
. Janice Stowers, San Bernardino Employment and Training Agency
(SBETA), announced that the recipient of the 2011 Customer Service Award
was Joe Castro.
. Linn Livingston, Director of Human Resources, announced that the
recipient of the Teamwork and Partnership Award was Rhonda Haynes.
. Michael Conrad, Fire Chief, announced that the recipient of the Innovative
Award was Tom Rubio.
Council Member/Commissioner Johnson joined Mayor Morris in recogmzmg
Edgar Alvarado, Jr., who has earned a berth to the USA Olympic Team Trials in
Mobile, Alabama.
Council Member/Commissioner Kelley joined Mayor Morris in presenting the
Citizen of the Month Award to Kim Drewy for her work in mentoring children
and for organizing a City-wide Girl Scout troop.
Lea Deesing, Director of Information Technology, introduced Jennifer Riggs of
California Emerging Technology Fund (CETF), who made a PowerPoint
presentation regarding "GetConnected!" - a public awareness program to close
the digital divide in California. Lori Tillery, Economic Development Agency,
updated the Mayor and Council on progress the EDA team is making to narrow
the digital divide within the City.
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07/18/2011
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 Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission dated July 18, 2011, be waived. The
motion carried unanimously.
6. Council Minutes
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting(s) of
the Mayor and Common CouncillCommunity Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: April 26,
2011; June 6,2011; and June 23,2011. The motion carried unanimously.
7. Claims and Payroll
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the claims aJ:ld payroll and the authorization
to issue warrants as listed in the memorandum dated July 12, 2011, from Barbara
Pachon, Director of Finance, be approved. The motion carried unanimously.
8. Personnel Actions
Council Member/Commissioner Marquez made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated July 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 unanimously.
9. Report from Measure Z Citizen's Oversight Committee on Uses of Measure Z
Funds - July 1, 2009 through June 30, 2010
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the report from the Measure Z Citizen's
Oversight Committee on Uses of Measure Z Funds - July I, 2009 through June
30,2010, be received and filed. The motion carried unanimously.
4
07/18/2011
10. RES. 2011-217 - 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 Sport Trailers in the amount of $61,557.75 for five
mobile community emergency response team trailers.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-217 was adopted unanimously.
11. ORD. MC-1360 - An Ordinance of the Mayor and Common Council of the
City of San Bernardino authorizing an amendment to the contract between
the Mayor and Common Council of the City of San Bernardino and the
Board of Administration of the California Public Employees' Retirement
System. FINAL READING (Continued from July 5, 2011)
Council Member/Commissioner McCammack stated that she would like to see
any potential savings noted on future agenda items.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said ordinance be adopted.
Ordinance No. MC-1360 was adopted unanimously.
12. RES. 2011-218 - Resolution of the City of San Bernardino amending
Resolution No. 6413, Sections Ten, Eleven, Twelve, and Fourteen, entitled in
part "A Resolution... establishing a basic compensation plan ...", by updating
information codifying prior Council actions (General, Middle-Management,
and Confidential & Management).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-218 was adopted unanimously.
13. Establishment of salaries for Police Department Ranges P-l, P-2, P-3, P-4, P-
5, P-6, P-7 & Law Enforcement Trainee, effective August 1, 2010
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the salaries for Police Department
Ranges P-l (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant), P-4
(Lieutenant), P-5 (Captain), P-6 (Assistant Chief), P-7 (Chief) and Law
Enforcement Trainee be established, effective August 1, 2010; and that the
Director of Human Resources be authorized to amend Resolution No. 6429 to
reflect the above action. The motion carried unanimously.
5
07/18/2011
14. RES. 2011-226 - Resolution of the City of San Bernardino amending
Resolution No. 6429, entitled in part "A Resolution...establishing a basic
compensation plan for officers and/or employees of the Police and Fire
Departments of the City of San Bernardino."
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2011-226 was adopted unanimously.
15. RES. 2011-219 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a declaration of support for the California
Emerging Technology Fund's "GetConnected!" program.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-219 was adopted unanimously.
16. RES. 2011-220 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an amendment to the agreement with Time
Warner Cable for Direct Internet Service.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-220 was adopted unanimously.
17. RES. 2011-221 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance to issue a change
order to increase Purchase Order No. 303564 by $29,900 to $318,800
annually for West Coast Arborists to provide tree trimming services
throughout the City of San Bernardino, with the addition of open park space
facilities.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-221 was adopted unanimously.
18. RES. 2011-222 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance to issue a change
order to increase Purchase Order No. 303757 by $223,662 to $606,577 for
Roadway Engineering and Contracting Inc. for construction of the
Verdemont Community Center and Landscaping at Al Guhin Park per
Capital Improvement Program Project PR04-28.
6
07/18/2011
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-222 was adopted unanimously.
19. RES. 2011-223 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Memorandum of
Understanding regarding security at Patton State Hospital between the City
of San Bernardino and its Police Department, Department of Mental Health
at Patton State Hospital, Hospital Police Department (HPD), Department of
Corrections and Rehabilitation (CDCR).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-223 was adopted unanimously.
20. RES. 2011-224 - 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 three single year renewal options in the
amount of $45,000 to United Rotary Brush Corporation pursuant to RFQ F-
11-18 for rewound main and gutter sweeper brooms.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-224 was adopted unanimously.
21. RES. 2011-227 - Resolution of the City of San Bernardino authorizing the
execution of Amendment No. 2 to Agreement with AECOM Technical
Services to provide Civil Engineering Design Services and Project
Management Services for State Street from 16th Street to Foothill Boulevard
- extend and construct 4 lanes of roadway (1.5 miles) to connect State Street
to Rancho Avenue (SS04-09).
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because AECOM is a client of her business. She left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Johnson requested that staff return in 90 days
with an update of the project.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-227 was adopted with McCammack abstaining.
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07118/2011
22. RES. 2011-228 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to annual Purchase Order
Number 211117 in the amount of $205,000 to Inland Regional Material
Recovery Facility (IRMRF) for Organic Material (Green Waste) Recycling
Services.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the Director of Finance be
authorized to amend the FY 2010/2011 budget and transfer $165,000 from
Account No. 527-400-5706-0000-0001 (Alterations and Renovations) to Account
No. 527-400-5179-0000-0095 (Dump and Waste Fees) and $40,000 from Account
No. 527-400-5179-0000-0097 (Dump and Waste Fees) to Account No. 527-400-
5179-0000-0095 (Dump and Waste Fees); and that said resolution be adopted.
The motion carried and Resolution No. 2011-228 was adopted unanimously.
23. RES. 2011-225 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of the FY 2011-12 Oil Payment
Program application for funds from the Department of Resources Recycling
and Recovery (CalRecycle).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2011-225 was adopted unanimously.
24. Ordinance of the Mayor and Common Council of the City of San Bernardino
adding Chapter 8.83 to the San Bernardino Municipal Code regarding
accountability for social hosts of minors. FIRST READING
Public Comments:
Amelia Lopez, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption. The motion carried unanimously.
25. Approval of Neighborhood Services Coordinator/Assistant of the City
Manager (U) job description and reclassification
Council Member/Commissioner McCammack stated that it may be difficult to fill
this position with the current education requirements and recommended reducing
the education requirements from a four-year degree to a two-year degree.
Council Member/Commissioner Brinker stated that a job paying at this level is
not commensurate with someone who has an Associate's Degree. He stated that
8
07/18/2011
he could not support this level of compensation unless they were asking for a lot
more experience and education.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Council: 1) Establish
the position of Neighborhood Services Coordinator/Assistant of the City Manager
(U), Range 4510, $5,649-$6,867/month; 2) Reclassify one Assistant to Mayor III
(U) position, Range 4510, $5,649-$6,867/month, to Neighborhood Services
Coordinator/Assistant of the City Manager (U), Range 4510, $5,649-$6,867/
month; 3) Approve the job description as proposed, reducing the educational
requirement from a four-year degree to a two-year degree; and 4) Authorize the
Director of Human Resources to update Resolution No. 2008-33 to reflect this
action. The motion carried with Brinker and Shorett voting "no."
26. Approval of revised Community Relations Supervisor/Assistant of the City
Manager (U) job description
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the revised job description of
Community Relations Supervisor/Assistant of the City Manager (U) be approved
as proposed. The motion carried with Brinker and Shorett voting "no."
27. Update of job descriptions for the Community Development Department,
Code Enforcement Division
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the following job descriptions be
approved as proposed: Code Enforcement Officer I; Code Enforcement Officer
II; Code Enforcement Processing Assistant; Senior Code Enforcement Officer;
Supervising Code Enforcement Officer; and Weed Abatement Coordinator. The
motion carried unanimously.
28. RES. 2011-229 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application to Kaiser Fontana Community Benefit
Grants Program for funding in the amount of $25,000 to provide the Parks,
Recreation and Community Services Department Aquatics Program for the
2011 Summer season.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2011-229 was adopted unanimously.
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07/18/2011
29. RES. 2011-230 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a Memorandum of Understanding with the
City of Riverside Office of Emergency Management for the purpose of
accepting and administering the 2010 Urban Area Security Initiative (VASI)
Grant and authorizing the execution of a Vendor Services Agreement
between the City of San Bernardino and Leverage Information Systems, Inc.,
for the Downtown Protection Zone Camera System.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2011-230 was adopted unanimously.
30. RES. 2011-231 - Resolution of the City of San Bernardino authorizing the
obligation and expenditure of the allocated FY 2011-12 Justice Assistance
Grant (JAG) Funds and execution of a JAG Interlocal Agreement between
the City of San Bernardino and County of San Bernardino.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2011-231 was adopted unanimously.
31. Public Hearing - Resolution adopting General Plan Amendment No. 08-05
(Continued from June 20,2011)
RES. 2011-232 - A Resolution of the Mayor and Common Council of the City
of San Bernardino adopting General Plan Amendment No. 08-05 to change
the Land Use Designation from Commercial General (CG-l) and Industrial
Light (IL) to Industrial Heavy (IH) on approximately 7.69 acres and
approving Conditional Use Permit No. 09-04 to expand an existing 28.7-acre
auto dismantling and vehicle storage business by 7.69 acres and establish
auto repair service at 701 North Waterman Avenue.
The hearing remained open.
Margo Wheeler, Director of Community Development, stated that staff was
recommending approval of the item.
No public comments were received.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2011-232 was
adopted unanimously.
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07118/2011
32. Public Hearing - Establishing the schedule of fees for the Crime Free Rental
Housing Program (Continued from July 5, 2011)
RES. 2011-233 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing the schedule of fees for the Crime Free Rental
Housing Program.
Mayor/Chairman Morris opened the hearing.
Charles Carter, Senior Code Enforcement Officer, stated that the fees for the
annual inspections had been broken down and the cost for the 8-hour training
class had been added.
Council Member/Commissioner McCarnmack stated that the City does not have a
crime free single-family rental inspection program. She stated that the City is
starting to see the same kind of crime issues related to single-family units in just
about every neighborhood. She suggested that this go back to the Legislative
Review Committee to discuss the possibility of a fine for extraordinary law
enforcement, code enforcement, fire prevention fees, or other costs related to
those units.
Mr. Carter stated that his only concern regarding single-family was staffing.
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
resolution be adopted. The motion carried and Resolution No. 2011-233 was
adopted unanimously.
33. Public Hearing - Amendment to Development Agreement No. 91-01 between
the City of San Bernardino and the developer of the Inland Center Mall
A Resolution of the Mayor and Common Council of the City of San
Bernardino approving First Amendment to Development Agreement No. 91-
01 between the City of San Bernardino and the developer of the Inland
Center Mall, located at 500 South Inland Center Drive.
Mayor/Chairman Morris opened the hearing.
Staff requested a two-week continuance.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council!
Commission meeting of August 15, 2011. The motion carried unanimously.
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07/1 8/20 11
34. Public Hearing - Ordinance amending Chapter 19.14 (Freeway Corridor
Overlay District), Section 19.14.030 of the San Bernardino Municipal Code
(Development Code)
An Ordinance of the City of San Bernardino amending Chapter 19.14
(Freeway Corridor Overlay District), Section 19.14.030 of the San
Bernardino Municipal Code (Development Code) related to Landscape and
Building Setback Development Standards. FIRST READING
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that this code
amendment would make changes to existing standards that require all properties
adjacent to freeway right-of-way to have a 25 foot landscape setback and a
minimum 50 foot building setback. She stated that this ordinance was one that
was put in place some time ago and they have found that some of the
requirements are no longer pertinent, especially as sound walls have gone up and
the freeways now have a large setback area which is owned by Caltrans.
Discussion ensued regarding unmaintained properties, freeway landscaping and
the "Adopt -a-Freeway Program."
Council Member/Commissioner McCanunack made a motion, seconded by
Council Member/Commissioner Brinker, that the hearing be closed; and that said
ordinance be laid over for final adoption. The motion carried unanimously.
35. Public Hearing - Ordinance amending Sections 5.04.370, 5.04.495,
19.02.050, 19.06.030(2)(N) and Chapter 19.70 of the Municipal Code
An Ordinance of the Mayor and Common Council of the City of SaD
Bernardino amending Sections 5.04.370, 5.04.495, 19.02.050, 19.06.030(2)(N)
and Chapter 19.70 of the Municipal Code to permit food carts subject to
specified location criteria and community gardens with produce stands by
temporary use permits. FIRST READING
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that there are two
different issues before the Council, ODe having to do with the food carts and the
other having to do with community gardens. She stated that the food carts were
currently permitted only at special events and the ordinance would add
opportunities for approval under temporary use permits, so neither of these uses
were allowed outright, they would need a temporary use permit (TUP) that would
have to be approved administratively by staff.
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07/18/2011
Ms. Wheeler stated that community gardens is one of the leading issues in
planning study at this time having to do with both the use of abandoned and
underutilized properties and also, in many cases, bringing fresh fruits into
neighborhoods that don't otherwise have access. She stated that the temporary
use permit requirements are that the property owner has to sign the application,
the garden has to be maintained, and the only sales that are allowed are sales of
produce that is grown on that property only.
Ms. Wheeler stated that with regard to the food carts, they are not push carts,
they are stationary locations on private property. She stated that they are
common in larger urban areas and are particularly popular in areas with heavy
pedestrian traffic. The required provisions are that these carts would only be
permitted within the downtown area as designated in the Code, they must be a
minimum of 300 feet from any restaurant, they must have all of their County
health permits, and this would be limited to the sale of prepackaged foods and
beverages. She stated that there may be concerns with competition, littering,
health concerns, and over-proliferation; however, a TUP is required for each
location and staff would take a very careful look if there are too many of these
uses within one location. She stated that staff was recommending approval.
Council Member/Commissioner Marquez asked what specific items could be sold
from a food cart.
Ms. Wheeler stated that packaged chips, sodas and churros can be sold, and the
only cooking that can be done is the heating of a hot dog.
Council Member/Commissioner Marquez stated that she wanted these carts to be
successful, but if they are not in compliance, she asked if they could pull the
plug.
Ms. Wheeler answered in the affirmative. She stated that the TUP is only for a
one-year period so if there are any problems they could be brought in for
immediate revocation or the temporary use permit would not be extended when it
expires.
Council Member/Commissioner McCarnmack asked how the distance of 300 feet
came up as opposed to say 500 feet or 1,000 feet from any restaurant.
Ms. Wheeler stated that this is to ensure that the cart is not located directly in
front or immediately to the side of a restaurant, and 300 feet was believed to be
an appropriate distance.
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Council Member/Commissioner McCammack asked what would happen if a
permit is issued to someone and later you find out that there is no restroom
accessible to the operator within 200 feet of the cart.
Ms. Wheeler stated that if there is not a restroom within 200 feet of the cart, the
temporary use permit would not be approved.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the hearing be closed; that said
ordinance be laid over for final adoption; and that the distance requirement for
food carts from any existing restaurant be increased from 300 feet to 1,000 feet.
The motion died for lack of a second.
Council Member/Commissioner Kelley stated that 500 feet could still preclude
people from having their food cart there, and given the fact that they are only
going to be selling a limited number of items, 300 feet might not affect their
business as much as they would think.
Ms. Wheeler stated that the issue is that these products don't remotely make a
meal, they are just something you would grab on the run.
Council Member/Commissioner Brinker stated that some of the local restaurants
might actually see this as an opportunity to generate additional revenue. He
stated that he would be interested in finding out where the item originally came
from.
Council Member/Commissioner Johnson stated that notice of the public hearing
on this item was published in the San Bernardino County Sun. He asked if any
other publications had been considered.
Ms. Wheeler stated that The Sun is their adjudicated paper for public hearing
notices.
Council Member/Commissioner Johnson stated that there are other local
adjudicated papers. He asked if any others had been considered at a lower cost.
Ms. Wheeler stated that no other papers had been considered.
Council Member/Commissioner Johnson requested that staff consider using other
local papers in the future.
Ms. Wheeler stated that they anticipate that if this is going to be approved,
particularly the community gardens, they will be doing quite a bit of work with
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neighborhood associations to make sure that this opportunity is widespread to
several neighborhoods.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the hearing be closed; that said
ordinance be laid over for final adoption; and that the distance requirement for
food carts from any existing restaurant be increased from 300 feet to 600 feet.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
Ed Bonadiman, San Bernardino, CA, spoke in support of this item and added
that his brother Charlie was the person who originally brought this idea forward.
Council Member/Commissioner Brinker stated that he supported the idea, but he
felt the distance of 600 feet was too far.
Council Member/Commissioner McCammack suggested that the distance be
changed to 500 feet.
Council Member/Commissioner Brinker stated that he would support 500 feet,
but he requested that this item be revisited because he felt that once they get
started they may find out that staff was right and 300 feet was the right distance.
He was concerned that they were creating something that was not workable.
Council Member/Commissioner McCammack amended her motion, seconded by
Council Member/Commissioner Shorett, that the hearing be closed; and said
ordinance be laid over for final adoption, and that the distance requirement for
food carts from any existing restaurant be increased from 300 feet to 500 feet.
The motion carried unanimously.
36. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Master Services Memorandum of
Understanding with the Water Department for provision of City services for
Fiscal Year 2010/2011. (Continued from July 5, 2011)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
CounciIlCommission meeting of August 1, 2011. The motion carried
unanimously.
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37. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino Fire Department to enter into an
agreement with the County of San Bernardino to provide fire protection and
paramedic services to County unincorporated areas within the City of San
Bernardino's sphere of influence from July 1, 2011 through June 30, 2016.
(Continued from July 5, 2011)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of August 1, 2011. The motion carried
unanimously.
38. Discuss and review Section 5.56 of the Municipal Code regarding junk
and second-hand dealers
Jolena Grider, Deputy City Attorney, advised the Council that they were limited
by State law regarding this matter.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be referred to the
Legislative Review Committee. The motion carried unanimously.
COMMUNITY DEVELOPMENT COMMISSION
Absent:
Vacant:
Mayor/Chairman Morris; Council Members/Conunissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City
Attorney Easland; Economic Development Agency Interim Executive
Director Marzullo and Agency Counsel Sabo; City Clerk Clark.
None.
Second Ward.
Present:
R39. Joint Public Hearing - Disposition and Development Agreement by and
between the Redevelopment Agency of the City of San Bernardino and In-N-
Out Burgers, Inc., a California corporation - Southeast corner of 5th and
"H" Streets (Central City North Redevelopment Project Area) (Continued
from July 5, 2011)
RES. 2011-234 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to a Disposition and Development Agreement
by and between the Redevelopment Agency of the City of San Bernardino
("Agency") and In-N-Out Burgers, Inc., a California corporation - Southeast
corner of 5th and H Streets (Central City North Redevelopment Project
Area). (R39A)
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RES. CDC/20ll-S0 - 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 Disposition and Development Agreement
by and between the Agency and In-N-Out Burgers, Inc., a California
corporation - southeast corner of 5th and "H" Streets (Central City North
Redevelopment Project Area). (R39B)
The hearing remained open.
Emil Marzullo, Interim Executive Director, Economic Development Agency,
stated that the existing location of In-N-Qut Burger at Second Street and the
freeway off-ramp will be displaced by freeway construction by the end of this
year. He stated that two motels were torn down, the Royal Motel and the
Paradise Motel, which had crime and other activity, and they found some surface
contamination from an underground oil storage tank from the 1920's that had
been contaminating drinking water supplies. Mr. Marzullo stated that the action
that is before the Council today is to go from an Exclusive Right to Negotiate
(ERN) with In-N-Qut to a Disposition and Development Agreement where they
dispose of the property for a price and they have a requirement to rebuild to a
certain standard a new restaurant. He stated that they will be building their latest
prototype building on an acre and a quarter at the corner of Fifth and "H" Street
and it is very convenient not only to downtown, but also to the highway traffic
which is very important for In-N-Qut. He stated that they are ready to start
construction and get this project under way as they will be displaced by Caltrans
at the end of the year.
Council Member/Commissioner Marquez asked how many employees will be
working there.
Mr. Marzullo estimated that there will be 75 to 100 employees working at this
restaurant because they will have a very large sit down component plus a non-stop
drive-thru.
Council Member/Commissioner Brinker asked if there was going to be a period
of time when the current restaurant is closed before the new one is open or will
they try to time it so that there is not a gap in service.
Mr. Marzullo stated that the plan is to not have a gap in service so that this
restaurant opens before the other one closes.
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Council Member/Commissioner McCammack stated that this is part of the land
the City purchased when the Mayor first took office to the tune of approximately
$26 million. She added that In-N-Out Burger is paying $1.6 million for the
property they are sitting on.
Mr. Marzullo stated that it is actually $844,000.
Council Member/Commissioner McCammack stated that she gets concerned when
taxpayer's money is spent and they can't figure out a way in a good business
model to come back with a repayment of the taxpayer's reinvestment within a
reasonable period of time whether it takes 10 years or 15 years. She stated that
she understood that you have to invest in order to then recoup the net benefits,
whether it be tax increment, sales tax, or employees, or you've removed a bunch
of blight. However, between the property tax and the sales tax, and that's based
on a projected $5 million per year in sales, this investment won't be paid back in
her lifetime. She stated that she is completely supportive of the item, she's just
very uncomfortable as to how they got here. She stated that this is a great use of
that property, but she felt they need to be mindful of how the rest of the parcels
get sold.
Mr. Marzullo agreed with Mrs. McCammack. He stated that when you look at
the numbers it seems nonsensical to say it cost $7 million to take down old uses
on a site that they will now sell for $800,000. Redevelopment rarely nets in the
property sale a recovery in the investment to take down the old uses. He stated
that with the motels and the other negative uses, there is a social cost for that.
There is a cost for enforcement and so forth. It is unlikely, and they can find out
what the carryon the tax roll was by the County assessor of those two businesses,
but it is very unlikely that it was $7 million. When In-N-Out comes in they will
put in a multi-million dollar investment so there will be the $800,000 land value
plus a minimum of $2 million in the site, so it's about a $3 million investment.
Over time that will carry through inflation and will likely surpass many times
over the investment or lack of investment that was there before. That's what they
have to do in redevelopment-they have to look at it as a long-term neighborhood
intervention and change of land use, and hopefully that then spurs other private
investment that follows. Mr. Marzullo added that they would never get In-N-Out
to come in next to the Royal or the Paradise Motels, it just wouldn't happen.
Mayor/Chairman Morris stated that he felt it was critical to point out that those
two motels were filled with drug addicts and prostitutes and it was an incredibly
high crime corner in the downtown area that spawned other problems, most of
all, tragic public safety issues. He stated that the downtown area is one of the
lowest crime areas in the City and businesses look at it with enthusiasm because
they have reduced the crime rate downtown substantially with the removal of not
just those two motels but pawn shops and other third rate uses to create a new
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environment as they complete the 1-215 Freeway and the revitalization and
renaissance of downtown. He stated that the social benefit of this, which is the
reduction in crime, is a critical part of this whole idea of blight reduction. That is
what redevelopment is all about-reducing blight-and by reducing blight you not
only provide economic opportunity but you also reduce the footprint of crime in
your City.
City Attorney Penman stated that he agreed that sometimes you have to spend
money to remove blighted properties that breed crime, but this is probably one of
the worst financial deals the City has made in years. On this specific piece of
property, we paid $7.5 million for this one site. According to EDA, the value
when the development is completed is $1.6 million. So we paid $7.5 million and
it will be worth $1. 6 million, which is a loss to the taxpayers of $5.9 million for a
fast food hamburger joint. The tax increment annually is only going to be
$16,000 based on the $1.6 million that the value will be. He stated that we could
have cleaned out that entire area for a fraction of that $23 million and we could
have obtained this piece of property for well below the $7.5 million.
Council Member/Commissioner Kelley stated that it sounds like In-N-Out is
going to begin their process soon at this location and they may be one of the first
establishments to be up and running in the area. He requested that the Economic
Development Agency look at some of the property in that area to see if they can
make it more aesthetically appealing and help promote the In-N-Out
establishment.
Council Member/Commissioner Kelley 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 Mayor and
Common Council Resolution No. 2011-234 and Community Development
Commission Resolution No. CDC/2011-S0 were adopted unanimously.
R40. 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 Joseph E.
Bonadiman and Associates, Inc. ("Consultant") for professional design and
engineering services for Northpark Boulevard and University Parkway Street
Improvements Project (State College Redevelopment Project Area)
(Continued from July 5, 2011)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be tabled. The motion
carried unanimously.
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07/18/2011
R41. 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 Allwest
Development Company, Inc. ("Consultant") for construction management
services for Northpark Boulevard and University Parkway Street
Improvements Project (State College Redevelopment Project Area).
(Continued from July 5, 2011)
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be tabled. The motion
carried unanimously.
R42. Reinstatement and continuation of the powers of the Redevelopment Agency
of the City of San Bernardino
An Ordinance of the City of San Bernardino providing for the reinstatement
and continuation of the powers of the Redevelopment Agency of the City of
San Bernardino. FIRST READING
Council Member/Commissioner McCarnmack stated that she would be abstaining
on this item because of the references to the Uptown Redevelopment Project Area
in the ordinance. She left the Council Chambers and returned after the vote was
taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said ordinance be laid over for final
adoption. The motion carried with McCammack abstaining.
R43. Acknowledgement of the Economic Development Agency's final form of the
Fiscal Year 2011-2012 budget
RES. CDC/2011-51 - Resolution of the Community Development Commission
of the City of San Bernardino, California, acknowledging the final form of
the Economic Development Agency's budget for the Fiscal Year 2011-2012.
Council Member/Commissioner McCarnmack stated that she would be abstaining
on this item because of the references to the Uptown Redevelopment Project Area
in the ordinance. She left the Council Chambers and returned after the vote was
taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolntion
No. CDC/2011-51 was adopted with McCammack abstaining.
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0711812011
44. Public Comments
Betty Long, San Bernardino, CA, spoke in opposition to the hiring of another
Assistant City Manager and stated that the City is spending too much money and
needs to cut down on expenses.
Esther Jimenez, San Bernardino, CA, stated that she was going to hold a press
conference in front of City Hall on Tuesday, July 19,2011, at 12:15 p.m. at
which time she will officially announce her candidacy for San Bernardino City
Clerk.
Candace Loya, San Bernardino, CA, representative from Congressman Joe
Baca's Office, stated that the Congressman was extending an invitation to the
public, both men and women, to attend the 2011 Womens' Conference that will
be held Thursday, July 21, 2011, from 8:00 a.m. to 12:30 p.m., at Cal State
University San Bernardino's College of Education. She stated that this is a free
event and that free parking would be available on the first level of the parking
structure.
James Penman, City Attorney, San Bernardino, CA, spoke regarding the In-N-
Out project; the Grand Jury Report relative to the San Bernardino International
Airport; the Special Council meeting on Thursday, July 21, 2011, which was
called to discuss Operational Guidelines; and his opponent in the upcoming
election.
45. Adjournment
At 6:25 p.m., the meeting adjourned to July 21, 2011 at 5:00 p.m. in the
Economic Development Agency Boardroom for the purpose of an Operational
Guidelines Workshop.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, August 1, 2011.
RACHEL G. CLARK, CMC
City Clerk
By~/M-~hj~
Linda Sutherland
Deputy City Clerk
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