HomeMy WebLinkAbout03-07-2011 Jt. Reg MtgSan
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 Shoren
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
MARCH 7, 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 Brinker at 1:37 p.m., Monday, March 7, 2011, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor Pro Tem Brinker; Council Members/Commissioners Marquez,
Shorett, Kelley, Johnson, McCammack; City Attorney Penman;
Assistant City Manager Kurita; City Clerk Clark.
Absent: Mayor/Chairman Morris.
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):
San Bernardino City Professional Firefighters v. City, et al. - San
Bernardino Superior Court, Case No. CIVSS 1102415.
1 03/07/2011
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:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Red Light Cameras - Agenda Item #31
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City Redevelopment Project Area
1. Property Address: 295 Carousel Mall, San Bernardino
APNs: 0134-181-28, 0134-211-34 and 38,
0134-291-11, 0134-301-22, 0134-231-29,
0134-231-27 and 28 and 0134-221-45
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Leasor and David H. Slaughter,
Director of Real Estate Services
Department, County of San Bernardino, as
Leasee.
Under Negotiation: Lease terms and conditions.
2 03/07/2011
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council and Community Development Commission.
Moment of Silence
A moment of silence was observed in memory of Victor and Kane Alexander.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Joel Alvarado of The Rock Church. The pledge of
allegiance was led by Kamouri Fradiue, a fifth grade student from Inghram Elementary
School.
2. Appointment - Charlotte R. LeVecque - Animal Control Commission -
Council Member Shorett
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the appointment of Charlotte LeVecque to
the Animal Control Commission, as requested by Council Member Shorett, be
approved. The motion carried unanimously.
3. Proclamations & Presentations
Council Member/Commissioner Kelley presented a proclamation to Sister
Camillus Gavigan and Sister Maura Redington declaring the month of March as
Irish American Month in the City of San Bernardino, followed by a bagpipe
presentation by Valerie Byrnes and Lela Perriello.
Council Member/Commissioner Kelley presented a resolution to members of the
Eta Beta Chapter of the Alpha Phi Fraternity at California State University San
Bernardino acknowledging their work.
The Citizen of the Month award was presented to Michael Dickinson, Steve
Filson, and Mrs. Kathy Toy of the Public Safety Academy by Council
Member/Commissioner Marquez.
Mayor Pro Tem Brinker and Fire Chief Conrad honored Willie Coats and Aaron
Lutton (who could not be present) with Citizen Awards and Certificates of
Commendation for their heroic efforts in a rescue of residents involved in a fire
at 4599 North Sierra Way.
3 03/07/2011
4. Announcements
Announcements were made by the Mayor Pro Tem, 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 Shorett, that full reading of the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council and Community Development Commission dated March 7, 2011, be
waived. The motion carried unanimously.
6. Claims and Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated March 2,
2011, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
7. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the personnel actions, as submitted by the
Chief Examiner, dated March 3 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.
8. RES. 2011-58 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Timothy Sabo, of Lewis, Brisbois, Bisgaard & Smith
and the City of San Bernardino to advise the Planning Commission and the
Mayor and Common Council regarding the proposed revocation/
modification of Conditional Use Permit No. 93-14 to operate a nightclub at
295 E. Caroline Street, San Bernardino.
City Attorney Penman provided background information on the case.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted with funding to
come from the City's legal budget. (No vote was taken.)
4 03/07/2011
City Attorney Penman advised that the City's legal budget does not have the
money to pay this. The only way they could do that would be to lay off an
attorney, and if they laid off an attorney then a minimum of five to ten other
cases would be farmed out, which would triple the cost. He stated that what
was being suggested is an impossibility—the money is simply not there.
Mr. Penman stated that he had asked this year for an allocation of $670,800 for
outside attorneys. He stated that in each of the last five years they have spent
over $700,000 on outside attorneys and they have no choice in this matter—they
do not control the number of lawsuits that their office does not generate. He
suggested they get the money from the Liability Reserve, although that would
reduce the money available to pay lawsuits that the City may lose. He also
pointed out that case law is clear that mandated items must be paid for first,
prior to discretionary items.
This matter was discussed at length. City Manager McNeely reminded
everyone that this whole discussion, per Council direction, was supposed to
have taken place at the Ways and Means Committee meeting. This would allow
the attorney and budget staff, in concert with committee members, to go through
the appropriate data and evaluate and decide on a plan for funding. He noted
that the meeting was still scheduled for Wednesday; however, to the extent that
the Council did something to approve this today, that would take this portion of
the discussion off the table.
It was noted that Agenda Item Nos. 8 and 11 would come from the funding to
be discussed under Agenda Item No. 34, that funding had been identified for
Agenda Item No. 9 in the Economic Development Agency (EDA) budget, and
Agenda Item No. 10 would be funded by Human Resources. Mr. Penman again
suggested using the Liability Reserve for Agenda Item Nos. 8 and 11, with the
funding to be discussed further at the Ways and Means Committee meeting.
Council Member/Commissioner Shorett noted that the City Attorney had
budgeted $3.7 million for his budget this year, and knew from past years that he
would need at least $700,000 for outside legal counsel. This would leave
approximately $3 million for meeting the remaining budget demands of the City
Attorney's office.
Council Member/Commissioner Kelley reminded his colleagues that the Council
was told that the City Attorney needed this dollar amount and they said "no."
The City Attorney then said he would just come back and ask for more money.
He noted that everybody voted to hire these outside counsel, so now they need
to cover the expense.
5 03/07/2011
Council Member/Commissioner Kelley made a substitute motion, seconded by
Council Member/Commissioner McCammack, that the Council go ahead on
these particular items of concern and use the Liability Reserve for funding, and
then at the Ways and Means Committee meeting address other funding for these
items.
City Manager McNeely stated that the Liability Reserve is budgeted for cases
that staff believes the City may have to pay, and anytime you take money from
these funds you run the risk of having no money when it is needed and you have
to find the money elsewhere.
City Attorney Penman advised that the City Attorney investigators have raised
$352,911 in Administrative Civil Penalties, so in essence there are two funding
sources available.
The substitute motion made by Council Member/Commissioner Kelley,
seconded by Council Member/Commissioner McCammack, that the Council go
ahead on these particular items of concern and use the Liability Reserve for
funding, and then at the Ways and Means Committee meeting address other
funding for these items failed with Marquez, Brinker, Shorett, and Johnson
voting "no."
The original motion made by Council Member/Commissioner Shorett, seconded
by Council Member/Commissioner Johnson, that said resolution be adopted,
with funding to come from the City's legal budget carried and Resolution No.
2011-58 was adopted with Kelley and McCammack abstaining.
9. Approval of Professional Services Agreement with Lewis, Brisbois, Bisgaard
& Smith for representation in the case of Placo San Bernardino LLC v. City
of San Bernardino, et al., and authorization for the cost of the City's
defense to be borne by the Economic Development Agency
RES. 2011-59 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Timothy Sabo, of Lewis, Brisbois, Bisgaard & Smith
and the City of San Bernardino for representation in the case of Placo San
Bernardino, LLC, v. City of San Bernardino, et al., United States District
Court No. CV11-01187GW (FMOx). (9A)
RES. CDC/2011-12 - Resolution of the Community Development
Commission of the City of San Bernardino directing the Economic
Development Agency to pay the City's attorneys' fees and costs of Lewis,
Brisbois, Bisgaard & Smith for representation in the case of Placo San
Bernardino, LLC, v. City of San Bernardino, et al., United States District
Court No. CV11-01187GW (FMOx). (9B)
6 03/07/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2011-59 and Community
Development Commission Resolution No. CDC/2011-12 were adopted with
Kelley and McCammack abstaining.
10. RES. 2011-60 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Atkinson, Andelson, Loya, Ruud & Romo and the City
of San Bernardino in the case of San Bernardino City Professional
Firefighters, Local 891; Richard "Scott" Moss v. City of San Bernardino; San
Bernardino City Council; Does 1-10, inclusive.
City Attorney Penman stated that in this particular case the City Attorney's
office may be witnesses so his office had declared a conflict.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-60 was adopted with Kelley voting "no" and McCammack
abstaining.
11. RES. 2011-61 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Lewis Brisbois, Bisgaard & Smith and the City of San
Bernardino for legal services in the case of Elvia Aguilar v. City of San
Bernardino, et al., United States District Court, Case No. CV10-03659 SJO
(PLAx).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted with funding to
come from the City's legal budget.
Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Kelley, that the Council fund all of
the outside legal defenses that are being asked for on this agenda and use the
Administrative Civil Penalties money to pay for them. The motion failed with
Marquez, Brinker, Shorett, and Johnson voting "no."
The motion made by Council Member/Commissioner Shorett, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted with
funding to come from the City's legal budget carried and Resolution No. 2011-
61 was adopted with Kelley and McCammack abstaining.
7 03/07/2011
Later in the meeting, City Attorney Penman asked the Council to reconsider
Agenda Item No. 11.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Council reconsider Agenda
Item No. 11. The motion carried unanimously.
Council Member/Commissioner McCammack noted that the amount needed was
$25,000 (for the attorney) plus $62,230 (for the two experts' testimony) for a
total of $87,230—which she rounded to $90,000.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Council approve $90,000 to
fund this case and refer it to Ways and Means Committee to determine a funding
source.
Discussion ensued. Both Council Members/Commissioners Marquez and
McCammack stated that they would each be willing to give up $10,000 from
their training/travel budgets to help with the funding of this case.
Council Member/Commissioner McCammack amended her motion, seconded
by Council Member/Commissioner Kelley, that said resolution be adopted, with
approved funding up to $90,000 from the following sources: $10,000 from
Council Member Marquez' training/travel budget, $10,000 from Council
Member McCammack's training/travel budget, and the balance from the
Administrative Civil Penalties (ACP) reserve fund. The motion carried and
Resolution No. 2011-61 was adopted with Shorett abstaining.
12. RES. 2011-62 - Resolution of the Mayor and Common Council of the City
of San Bernardino accepting the resignation of Second Ward Council
Member Jason Desjardins; calling a special election in the Second Ward of
the City for July 12, 2011, to fill the vacant Council seat in said ward,
calling the special election to be conducted wholly by mail ballots; and other
related matters.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-62 was adopted with McCammack abstaining.
13. RES. 2011-48 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of an on-line grant application for
the 2010 Assistance to Firefighters Grant Program: Fire Prevention and
Safety Grant to the Department of Homeland Security in the amount of
$96,463.
8 03/07/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-48 was adopted unanimously.
14. Item deleted
15. RES. 2011-49 - Resolution of the Mayor and Common Council of the City
of San Bernardino canceling the annual Services Agreement approved
November 1, 2010 and authorizing the City Manager to approve an annual
Services Agreement between the City of San Bernardino and the Boys and
Girls Club of San Bernardino, Inc. to provide community services at the
Dehnann Heights Community Center.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-49 was adopted unanimously.
16. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to approve a Facility Lease
Agreement between the City of San Bernardino and Project Fighting
Chance to provide community and youth services at Perris Hill Community
Center (previously a Special Place Children's Museum).
Note: No resolution was distributed with the backup materials.
Staff requested a continuance of this matter.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of March 21, 2011. The motion carried
unanimously.
17. RES. 2011-50 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the re -issuance of the Fourth Amendment to
the Waste Delivery Agreement between the County of San Bernardino and
the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-50 was adopted unanimously.
18. Authorize the Director of Public Works to execute Contract Change Order
No. One with All American Asphalt for Street Improvements on Cajon
Boulevard related to Federal EDA Award No. 07-01-06147, per Project Plan
No. 12155.
9 03/07/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the Director of Public Works be authorized
to execute Contract Change Order No. One with All American Asphalt for
Street Improvements on Cajon Boulevard related to EDA Award No. 07-01-
06147, per Project Plan No. 12155 The motion carried unanimously.
19. Authorize the Director of Public Works to execute Contract Change Order
No. Three with Weka, Inc. for the Sanitary Sewer Relocation
Improvements for State Route 215 Freeway Widening, Segments 1, 2 and 5
(SW09-03), per Project Plan No. 12574
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the Director of Public Works be authorized
to execute Contract Change Order No. Three with Weka, Inc. for the Sanitary
Sewer Relocation Improvements for State Route 215 Freeway Widening,
Segments 1, 2 and 5 (SW09-03), per Project Plan No. 12574. The motion
carried unanimously.
20. RES. 2011-51 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and issuance
of a purchase order in the amount of $35,124.12 to Alden Fleet Solutions,
Inc. for GPS Tracking System Services to be utilized by the Public Works
Department, Integrated Waste Management Division.
Public Comments
Charles Greenwood, San Bernardino, CA.
Council Member/Commissioner Marquez made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-51 was adopted with Kelley voting "no" and McCammack
abstaining.
21. RES. 2011-52 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution... designating certain
streets, or portions thereof as through highways..." and establishing a four-
way stop at the intersection of Twenty -Seventh Street and Davidson
Avenue.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-52 was adopted unanimously.
10 03/07/2011
22. RES. 2011-53 - Resolution of the City of San Bernardino approving
Amendment No. 2 to Agreement for Professional Architectural and
Engineering Services at the Metrolink Parking Structure at Santa Fe Depot
with Owen Design Group, Inc. for design and construction of the Santa Fe
Depot Parking Structure Project (GB04-19).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-53 was adopted unanimously.
23. RES. 2011-63 - Resolution of the City of San Bernardino authorizing
execution of a Public Highway Crossing Agreement with San Bernardino
Associated Governments (SANBAG), the City of Colton and the Union
Pacific Railroad Company (UPRR) for the design, construction and
maintenance of a grade separation on Hunts Lane at the UPRR South of
Redlands Boulevard (SSO4-51).
Mayor Pro Tem Brinker stated that he would abstain on this matter because he
lives within 500 feet of the project site. He left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. The motion
FAILED with Marquez, Shorett, and Johnson voting "yes" and Brinker,
Kelley, and McCammack abstaining.
Later in the meeting Council Member/Commissioner Kelley changed his vote
from an abstention to a "yes." Resolution No. 2011-63 was adopted with
Brinker and McCammack abstaining.
24. RES. 2011-54 - A Resolution of the Mayor and Common Council of the
City of San Bernardino authorizing the execution of an agreement and
issuance of a purchase order to Fairview Ford of San Bernardino pursuant
to Section 3.04.01011-3 of the Municipal Code for the purchase of twelve
(12) 2011 Ford Crown Victoria Police Interceptors utilized by the Police
Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-54 was adopted unanimously.
11 03/07/2011
25. RES. 2011-55 - Resolution authorizing the execution of an Agreement and
issuance of a purchase order to Crest Chevrolet of San Bernardino pursuant
to Section 3.04.010-113 of the Municipal Code, for one (1) 2010 Schwarze
M6000 Broom Sweeper powered by compressed natural gas to be utilized by
the Public Services Department Street Division; and award a lease -purchase
agreement to Pinnacle Public Finance. (25A)
RES. 2011-56 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order to Fairview Ford of San Bernardino, pursuant to
Section 3.04.010-113 of the City of San Bernardino Municipal Code for the
purchase of five refuse trucks, two flatbed trucks, one bin carrier truck and
award a lease -purchase agreement to Pinnacle Public Finance. (25B)
City Clerk Clark advised that although the agenda showed only one resolution
for Agenda Item No. 25, in fact, the staff report had included two resolutions.
She read the title of Resolution 25B into the record prior to a vote being taken.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolutions be adopted. Resolution
Nos. 2011-55 and 2011-56 were adopted unanimously.
26. RES. 2011-57 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the application for Waste Tire
Cleanup and Amnesty Grant Program from the California Department of
Resources Recycling and Recovery (CalRecycle).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-57 was adopted unanimously.
27. An ordinance of the City of San Bernardino amending Section 8.24.285 of
Chapter 8.24 of the San Bernardino Municipal Code concerning Self -Haul.
FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Marquez, that said ordinance be laid over for
final adoption. The motion carried unanimously.
28. Discussion and possible action concerning agenda briefing meetings
(Continued from February 22, 2011)
12 03/07/2011
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley that regular agenda briefing meetings be
open to the public and that notices of said meetings be posted in accordance with
the Brown Act. (No vote was taken.)
Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Kelley, that agenda briefings be
abolished entirely. (No vote was taken.)
Discussion ensued regarding the policy for Council members attendance at the
agenda briefing meetings, whether the public could attend the briefings, the
possibility of changing them to electronic meetings, and transparency and cost
issues.
Council Member/Commissioner Johnson made a second substitute motion,
seconded by Council Member/Commissioner Marquez, that the matter be
tabled. The motion carried with Kelley and McCammack voting "no."
29. RES. 2011-64 - Resolution of the City of San Bernardino authorizing the
City Manager to execute an agreement with IQM2, Inc. for an Agenda
Management System.
Council Member/Commissioner McCammack made a motion that the matter be
tabled. The motion failed for lack of a second.
A PowerPoint presentation was made by Assistant City Manager Kurita and
City Clerk Clark titled, City of San Bernardino, California Agenda Management
System.
City Attorney Penman advised that his office will still need hard copies of
backup materials along the way in order to make their corrections/modifications,
and there will have to be hard copies of all resolutions, ordinances and
agreements.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-64 was adopted with McCammack voting "no."
30. Approval and implementation of public counter improvements for the
Community Development Department
Margo Wheeler, Director of Community Development, provided a PowerPoint
presentation titled, Community Development Public Counter Services.
13 03/07/2011
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the Community Development Department
Public Counter improvement program be approved and that the City Manager be
directed to implement the program; and
That the following actions be referred to the Personnel Committee for review: a)
delete one Senior Administrative Assistant position; b) reclassify two Customer
Service Representative positions to Development Services Technicians; and c)
transfer funding and positions from the Fire Department to Community
Development for two Code Enforcement Officer II positions and authorize two
part-time positions; and
That the Finance Director be authorized to amend the FY 2010/11 budget to
reflect current year changes beginning April 1, 2011 and incorporate the
changes into the FY 2011/12 budget proposal as listed in the staff report from
the Director of Community Development dated March 1, 2011. The motion
carried unanimously.
31. Red Light Camera Program options and resolution
RES. 2011-65 - Resolution of the City of San Bernardino authorizing the
Director of Finance to issue a purchase order to American Traffic Systems
(ATS) of Phoenix, Arizona, for services rendered beginning FY 2010/11.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Marquez, to approve Option A: Terminate the Red
Light Camera Program effective June 1, 2011, and pay any costs associated
with early termination; and that said resolution be adopted. The motion
carried and Resolution No. 2011-65 was adopted with McCammack
abstaining.
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor Pro Tem Brinker; Council Members/Commissioners Marquez,
Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney
Easland; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
Vacant: Second Ward.
14 03/07/2011
R32. Single -Family Residence Revitalization Program Second Quarter Report
(October 1, 2010 through December 31, 2010)
Council Member/Commissioner McCammack declared a conflict, stating that
Neighborhood Housing Services of the Inland Empire is a business client. She
left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the Community Development
Commission of the City of San Bernardino receive and file the Quarterly Report
of the Single -Family Residence Revitalization Program activities (October 1,
2010 through December 31, 2010) for the Redevelopment Agency of the City of
San Bernardino. The motion carried with McCammack abstaining.
R33. RES. CDC/2011-13 - 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 Stechmann Geoscience, Inc., A California
Corporation, concerning environmental investigations on Agency owned
property located at the Southeast corner of 5' and "H" Streets (Central
City North Redevelopment Project Area).
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2011-13 was adopted unanimously.
34. Request for increase in City Attorney's Office budget for outside counsel
and litigation expenses
Public Comments
Brian Pellis, San Bernardino police officer
Rich Lawhead, San Bernardino police officer
Steve Turner, San Bernardino Police Officer's Association
The speakers stated that when officers are involved in any litigation where
outside counsel is needed, the Council needs to put politics aside and provide
these officers with the protection they need and deserve.
Council Member/Commissioner Kelley urged his colleagues to support this
budget increase for the City Attorney's office.
15 03/07/2011
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the City Attorney's budget be
increased by $300,000 for outside counsel and $150,000 for litigation expenses
and referred to the Ways and Means Committee to find a funding source.
City Manager McNeely stated that finding $450,000 was not going to be easy.
Council Member/Commissioner Johnson made a substitute motion, seconded by
Council Member/Commissioner Marquez, that the matter be referred to the
Ways and Means Committee. The motion carried unanimously.
35. Public Comments
Shirley Harlan, San Bernardino, CA expressed concern regarding the increased
number of litigations and the conduct of the Council meetings.
Lansing White, San Bernardino, CA spoke regarding a parking ticket he had
received and asked for help in resolving the matter.
David McCammack, San Bernardino, CA commented on the conduct of the
Council meeting.
Amelia Lopez, San Bernardino, CA spoke regarding transparency and
accountability, especially when there is a difference of opinion on the Council.
She stated that the public also desires accessibility.
Carla Velarde, San Bernardino, CA spoke regarding Dan Thomas, a previous
City employee, who recently passed away. Mayor Pro Tem Brinker stated that
he would adjourn the meeting in Mr. Thomas' memory.
Carla Gamboa, Deserae, Seidy, Sandra, and Esperanza, a group of students
from Cal State San Bernardino, stated that they were present to advocate for and
empower a community in the Second Ward, whose main concern is safety.
They submitted a Petition for Turning on Street Lights and Implementing Speed
Bumps for Community in Ward II.
Rose Loya, San Bernardino, CA spoke regarding the murder of her brother,
John, several years ago and submitted documents regarding the case, stating that
she wants the case reopened and wants to clear her brother's name.
Jim Smith, San Bernardino, CA, spoke regarding the conduct exhibited at the
Council meetings, commended the City Manager on his development of new
programs and hiring of new personnel, and commended the good job being done
by Police Chief Kilmer.
16 03/07/2011
Charles Greenwood, San Bernardino, CA commended the young ladies from
Cal State on their presentation.
Sl. Discuss and take action to appoint Commission members to the Board of
Directors of the San Bernardino Economic Development Corporation, Inc.;
and to approve the Hunts Lane grade separation crossing in an estimated
amount equal to $4,500,000 as a Third Ward project to be included in
Exhibit "A" to the Project Funding Agreement approved on March 4, 2011.
Council Member/Commissioner Brinker stated that he would vote on Motion A
(appointment of Commission members to Board), but would abstain on Motion
B (Hunts Lane grade separation), as he lives within 500 feet of the project site.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that Mayor Morris, Commissioner Brinker,
and Commissioner Johnson be appointed to the Board of Directors of the San
Bernardino Economic Development Corporation, Inc., and that the names of
said Commission members be inserted into Resolution No. CDC/2011-8 as
approved on March 4, 2011.
City Attorney Penman advised that pursuant to the Charter, it was the authority
and responsibility of the Mayor to make these appointments—not the authority
of the Common Council. He stated that the Mayor needs to make the
appointments and the Council would then ratify them.
Council Member/Commissioner Shorett withdrew his motion.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled. The motion
carried with Kelley abstaining.
Prior to discussion of Motion B (Hunts Lane grade separation), Council
Member/Commissioner Brinker left the Council Chambers and returned
following the discussion.
Council Member/Commissioner McCammack also declared a conflict and left
the Council Chambers because the discussion had to do with re-inserting the
Hunts Lane project to Exhibit "A" that had been approved by the Commission
on March 4, 2011, which also included projects in the Uptown Redevelopment
Project Area where Ms. McCammack owns property. She returned following
the discussion.
17 03/07/2011
City Attorney Penman stated that the second action regarding this item, Motion
B, regarding the Hunts Lane grade separation, should have been removed from
the agenda—that Deputy City Attorney Empeno had been informed that Public
Works had included the CIP project as one of their items.
Economic Development Agency Interim Executive Director Marzullo advised
that on Thursday night the Commission had approved a non-profit structure with
a series of projects. This project was added because it was in the City's CIP,
but they didn't know at the time that they had funding allocated for this
particular project from federal funds. At that time, Council Member/
Commissioner Brinker had asked that this item be separated out due to his
conflict.
He noted that earlier tonight the Council took action on Agenda Item No. 23,
which essentially killed the funding when the motion failed. He questioned
whether the Council/Commission wanted to keep the project in as an RDA
funded project (which was just partial funding), or they could go back and redo
the project with the federal funding.
Director of Public Works Nadeem Majaj advised that this is a $26 million
project that is fully funded through SANBAG, so there is no cost to the City.
He stated that he thought construction was scheduled to begin in the next fiscal
year.
Council Member/Commissioner Kelley stated that he would like someone on
staff to make a commitment to advocate with SANBAG for the residents and
students who have to use University Parkway for either a loop ramp, flyover, or
even a grade separation on University Parkway. He requested that if there is a
cost savings on the Hunts Lane project that the money be used for University
Parkway.
Mr. Kelley also stated that he wanted to change his vote on Agenda Item No. 23
from an abstention to a "yes" vote. (See Agenda Item No. 23.) No action was
taken on Agenda Item No. S 1, Motion B.
18 03/07/2011
36. Adjournment
At 10:17 p.m. Mayor Pro Tem Brinker adjourned the meeting with a moment of
silence in honor of Dan Thomas. The next joint regular meeting of the Mayor
and Common Council and Community Development Commission is scheduled
for 1:30 p.m., Monday, March 21, 2011.
RACHEL G. CLARK
City Clerk
By:
Linda E. Hartzel
Deputy City Clerk
19 03/07/2011
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2011-16 was adopted with Kelley voting "no" and McCammack
abstaining.
R33. CDC/2011-17 - 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 Amendment No. 1 to the Agreement for Professional
Services by and between the Agency and The Fransen Company, for
Commercial/Retail and Marketing/Siting Advisory Services for the
Downtown Core Vision and Action Plan Area and Business
Retention/Expansion/Attraction and Job Creation Program.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
CDC/2011-17 was adopted with McCammack voting "no."
R34. California Housing Foundation, Inc., a non-profit 501(c)(3) organization -
Amendment No. 2 to the 2008 Low and Moderate Income Housing Funds
Loan and Grant Property Acquisition Agreement
RES. CDC/2011-18 - 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 Amendment No. 2 to the 2008 Low and
Moderate Income Housing Funds Loan and Grant Property Acquisition
Agreement by and between the Agency and California Housing Foundation,
Inc.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
CDC/2011-18 was adopted with Johnson absent.
R35. Amendment No. 1 to the 2009 Affordable Senior Citizen Rental Housing Low
and Moderate Income Housing Funds Grant Disposition and Development
Agreement for additional off-site improvement costs
17 03/21/2011
RES. CDC/2011-19 - 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 Amendment No. 1 to the 2009 Affordable
Senior Citizen Rental Housing Low and Moderate Income Housing Funds
Grant Disposition and Development Agreement by and between the Agency
and TELACU Housing - San Bernardino V, Inc., ("Developer") (Central
City North Redevelopment Project Area).
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2011-19 was adopted with McCammack absent.
R36. RES. CDC/2011-20 - 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 an Agreement for Professional Services by
and between the Agency and Ludwig Engineering, Inc., for architectural and
engineering design services for Theater Square (Central City North
Redevelopment Project Area).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
CDC/2011-20 was adopted with McCammack absent.
37. Public Comments
Carmen Dominguez Nevarez, San Bernardino, CA, submitted into the record a
letter addressed to the Honorable Mayor; City Council, & attendees dated March
21, 2011, requesting that the house at 2966 Park Avenue be designated as one of
the "200 Historic Sites for 200 Years" and marked with a commemorative plaque
as being the home where the first initial meeting of the Community Service
Organization (CSO) was held with Cesar Chavez.
Al Palazzo, Rialto, CA, spoke in support of Ms. Nevarez' request.
Joe Ortiz, San Bernardino, CA, spoke about Measure C and the City Attorney's
budget.
18 03/21/2011
Paul Sanborn, San Bernardino, CA, announced that Community Emergency
Response Team (CERT) training classes were being provided free of charge and
that anyone interested in taking the 3 -day class should call Manuel Sedano at 909-
384-5388 or 909-499-9664.
Bob Chairez, San Bernardino, CA, announced that the Inland Empire Latino Art
Association would be having an art exhibit on May 14, 2011, at the Feldheym
Library at 12 p.m. He stated that they are seeking to recruit new members to
their organization and interested persons could call him at 909-887-3664 or Rudy
Ramirez at 909-825-7363.
Jim Penman, San Bernardino, CA, explained his role as City Attorney and stated
that he has not yet made a decision as to whether he is going to seek re-election.
Charles Greenwood, San Bernardino, CA, spoke in response to the comments
that had been made by Ms. Nevarez and Mr. Palazzo. He stated that young
people need to know the history of the City of San Bernardino.
Jim Smith, San Bernardino, CA, stated that as a member of the Historical
Preservation Commission he would make sure that the matter brought forward by
Ms. Nevarez is placed on the Commission's April agenda. He stated that he was
sad to hear the news of Penny Holcomb's passing, but was thrilled to hear that
the school board is going to be naming a school after former Mayor W.R. "Bob"
Holcomb.
38. Adjournment
At 10:03 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1:30 p.m., Monday, April 4, 2011.
RACHEL G. CLARK
City Clerk
B ,
Y
Linda Sutherland
Deputy City Clerk
19 03/21/2011