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HomeMy WebLinkAbout08-03-2009 Special Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis 1. Baxter Tobin Brinker Fred Shore!! Chas Kelley Rikke Van Johnson Wen~' McCammack MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 3, 2009 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 1:33 p.m., Monday, August 3, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Shorett, Kelley, Johnson, McCammack; City Attorney Penman, City Manager McNeely, City Clerk Clark. Absent: Council Member/Commissioner Brinker. Council Member/Commissioner Estrada Excused at 6:45 p.m. Council Member/Commissioner Brinker Arrived at 7 p.m. Council Member/Commissioner Brinker Excused at 7:30 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): 08/03/2009 Batey v. City of San Bernardino - San Bernardino County Superior Court Case No. 141503; People of the State of California v. Allen, et al. - San Bernardino County Superior Court Case No. CIVSS 818572; San Bernardino City Unified School District v. Imma Chacon, et al. - San Bernardino County Superior Court Case No. CIVDS 908940; Luisa Maravilla v. City of San Bernardino et al. - San Bernardino Superior Court Case No. CIVSS 707097; Loren Mesick v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 141527; Jan and Dan Batey v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 141503; Brady Armstrong v. Garrett W. Zimmon et al. - San Bernardino Superior Court Case No. CIVDS 906212. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) 0), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Human Potential Consultants, UC v. City of San Bernardino 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 Vickie R. Smith 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. 2 08/03/2009 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 announced that under Agenda Item No. lC, anticipated litigation, the name of Vickie R. Smith had erroneously been listed and would not be discussed today. Closed Session Announcement City Clerk Clark announced that during closed session, in the case of San Bernardino City Unified School District v. Imma Chacon, et al. - San Bernardino County Superior Court Case No. CIVDS 908940, Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, to waive any potential conflict of interest in Mr. Penman representing the City in this case. The motion carried with McCammack abstaining and Brinker absent. 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. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo. The pledge of allegiance was led by Shawn Ruiz, a 5'" grade student from Hillside University Demonstration School. 2. Appointments There were no commission appointments. 3. Presentations Mayor Morris presented Certificates of Recognition to Ronnie Bunse, Tanner Clark, Andrew Crowley, Brandon Kinser, Justin Martinez, Wesley Meyer, Arnulfo "Tito" Paez, Chase Phillips, Adam Quintana, Jeffrey Ricker, Aaron Rueda, Alex Rueda, and Brandon Swanson, members of the San Bernardino American Legion Post 14 Baseball Team for having won the California American Legion State Baseball Tournament in Yountville last week. The team will now advance to the regional tournament that begins on Thursday in Fairfield, California. 3 08/03/2009 The winners of the 4'" of July parade trophies were announced and awarded by Mayor Morris and Linda and Steve Sutherland, owners of the Fun Corner, as follows: . Best of Theme A ward went to the Inland Empire Vehicle Preservation Association; . The Community Spirit Award was presented to Shab El Awar and members of the Challengers; . The No Boundaries Car Club and the PT Cruiser Club won the Award for Originality; and . The Humor Award was presented to Juan Polio restaurants. Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, and Trudy Freidel announced the Festival of Faiths, an inter-faith festival to be held at 3 p.m. on May 16,2010, at the Western Regional Little League Baseball Park. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter 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, be waived. The motion carried unanimously with Brinker absent. 6. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated July 14, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously with Brinker absent. 4 08/03/2009 7. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated July 30, 2009, 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 with Brinker absent. 8. Resolutions authorizing a Master Cooperative Agreement by and between Omnitrans, the City of San Bernardino, and the Economic Development Agency of the City of San Bernardino for the Development of the "E" Street Corridor sbX Rapid Transit Project. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Cooperative Agreement by and between the City, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor sbX Rapid Transit Project. (8A) Resolution of the Community Development Commission of the City of San Bernardino authorizing the Interim Director of the Redevelopment Agency to execute a Master Cooperative Agreement by and between the City of San Bernardino, the Economic Development Agency and Omnitrans for the Development of the "E" Street Corridor sbX Rapid Transit Project. (8B) Note: The resolutions were not distributed with the backup materials. City Manager McNeely advised that he and City Attorney Penman believed there were some umeso1ved issues relative to Agenda Item Nos. 8, 9, 11, and 12 and were recommending that these items be continued. City Attorney Penman stated there were a number of problems with this item and requested a 30-day continuance. Joe Ortiz, San Bernardino, CA, spoke regarding various problems with the current Omnitrans buses such as weaving in and out and cutting traffic down to one lane in some very high traffic areas. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter that the matter be continued to the Council! Commission meeting of September 8, 2009. The motion carried with McCammack abstaining and Brinker absent. 5 08/03/2009 Council Member/Commissioner Estrada asked the City Manager to explore for possible stimulus money for this very large, expensive, and important project. 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2009/2010. Note: No resolution was distributed with the backup materials. City Attorney Penman stated that 12 issues had been identified in this item that needed more scrutiny and requested a continuance. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission meeting of August 17, 2009. The motion carried unanimously with Brinker absent. 10. RES. 2009-275 - Resolution of the City of San Bernardino objecting to the August 2009 tax sale of properties with City assessments. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-275 was adopted unanimously with Brinker absent. 11. Resolution of the City of San Bernardino approving an Agreement for Services with Bureau Veritas North America, Inc. for on-call plan review services related to the sbX "E" Street Corridor Bus Rapid Transit Project. Note: No resolution was distributed with the backup materials. Staff asked for a 30-day continuance on this matter, stating that Agenda Item NO.8 needed to be approved before taking action on this resolution. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council! Commissioner meeting of September 8, 2009. The motion carried with McCammack abstaining and Brinker absent. 6 08/03/2009 12. Resolntion of the City of San Bernardino authorizing the City Manager to execute Agreements for Services with the firms of Aecom, AEI-CASC Consulting, David Evans and Associates, Inc., Lim & Nascimento Engineering Corporation, Transtech Engineers, Inc. and Willdan for on- call civil engineering design and project management services for the Capital Improvement Program (CIP). Note: No resolution was distributed with the backup materials. City Attorney Penman requested that this item be referred to the Legislative Review Committee. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be referred to the Legislative Review Committee. The motion carried unanimously with Brinker absent. 13. RES. 2009-278 - Resolution of the City of San Bernardino authorizing the execution of Amendment No. I to agreement with LAN Engineering Corporation 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 Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-278 was adopted unanimously with Brinker absent. 14. Item deleted 15. Resolution of the City of San Bernardino amending the City's Master Fee Schedule, Resolution 2009-122, to reflect the new hazardous material spill fee. Mr. Penman advised that the Fire Department had requested a two-week continuance of this item. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council!Commission meeting of August 17, 2009. The motion carried unanimously with Brinker absent. 7 08/03/2009 16. RES. 2009-276 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Director of Finance to issue an annual purchase order to Cliff's Pest Control, Inc., in the amount of $50,300 for FY 09/10 pursuant to Municipal Code Section 3.04.0IO-B3. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-276 was adopted unanimously with Brinker absent. 17. RES. 2009-277 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying an increase in the amount of $24,800 to Purchase Order No. 302921 issued to W. Wood and Associates for additional emergency repair work related to the well pump repairs at the soccer complex. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-277 was adopted unanimously with Brinker absent. 18. RES. 2009-279 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Public Services Department to apply for technical assistance from the California Energy Commission. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2009-279 was adopted unanimously with Brinker absent. 19. RES. 2009-280 - Resolution of the City of San Bernardino ratifying the submittal of a grant application to the Community Action Partnership of San Bernardino County for American Recovery and Reinvestment Act Community Services Block Grant funding in the amount of $29,475 to supplement funding for the Senior Companion Program through June 30, 2010. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-280 was adopted unanimously with Brinker absent. 20. RES. 2009-281 - Resolution of the City of San Bernardino ratifying the submittal of a grant application to Kaiser Permanente for funding in the amount of $20,000 to augment the Parks, Recreation and Community Services Department Swim Program for the 2009 summer season. 8 08/03/2009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-281 was adopted unanimously with Brinker absent. 21. RES. 2009-282 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the 2009/10 Used Oil and Filter Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-282 was adopted unanimously with Brinker absent. 22. An Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Chapter 17.06, relating to the City of San Bernardino Water Wise Landscape Program. FIRST READING City Attorney Penman noted that a couple of changes had been made to the ordinance since the meeting of July 6, 2009. He stated that the final ordinance now included language that states that a participant in the program who elects to withdraw prior to completion may now do so by paying a fee of $100 for each month the property was covered by the program; that making a false statement in a program document or displaying an official program sign on property not covered by the program are specified as misdemeanors; and the program requires owner occupancy of the subject property to preclude the potential of abuse of the program. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried unanimously with Brinker absent. 23. RES. 2009-283 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement with the City of San Bernardino and Western Regional Little League Baseball for financial assistance from the Civic and Promotion Fund for FY 2009-10. Council Member/Commissioner Kelley stated that in each staff report requesting Civic and Promotion funding he would like to see an approximate dollar amount of the remaining fund balance once the item is approved. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-283 was adopted unanimously with Brinker absent. 9 08/03/2009 24. Public Hearing - Imposing liens on property located within the City of San Bernardino for uncollected business registration fees RES. 2009-284 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2009-284 was adopted unanimously with Brinker absent. 25. Item deleted 26. Public Hearing - An Urgency Ordinance adding Area 6 to the areas designated within the Emergency Shelter Overlay District as provided in Development Code Section I9.10-E.020. (See related Item No. 39.) An Urgency Ordinance adding Area 6 to the areas designated within the Emergency Shelter Overlay District as provided in Development Code Section 19. IO-E.020, declaring the urgency thereof, and taking effect immediately. URGENCY (26A) Ordinance adding Area 6 Shelter Overlay District as E.020. FIRST READING to the areas designated within the Emergency provided in Development Code Section 19.10- (26B) Mayor/Chairman Morris opened the hearing. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to August 17, 2009; and that Planning staff be directed to prepare an ordinance to allow homeless facilities at 673 S. Waterman Avenue, subject to the City Attorney's determination as to whether to proceed with a regular or urgency ordinance or both. The vote was taken following discussion. Valerie Ross, Director of Development Services, advised that two weeks ago when this item was discussed, staff was looking at two different sites for a potential facility for Human Potential Consultants (HPC). She stated that since 10 08/03/2009 that time, the site on Orange Show Lane was no longer an option; however, the site on South Waterman appeared to be a feasible site-a site not surrounded by sensitive uses with a 9500 square foot stand-alone building, which meets the needs of HPC. She stated that staff's recommendation is for a two-week continuance with assistance from the City Attorney's office as to whether to proceed with an urgency ordinance or a regular ordinance. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals, as well as those who spoke later in the discussion, that they would provide true and honest testimony: Joe Ortiz, San Bernardino, CA, stated that the City is at risk if there is any indication of impropriety, and that any indication of such must be checked out. Deborah Pole, partner in the law firm of Sidley Austin, which represents Human Potential Consultants on a pro bono basis, stated that she was here today with representatives of HPC, as well as Liz Roubidoux, who is HPC's real estate agent from NAI Capitol, and Lauren Nevitt, another attorney from Sidley Austin. Ms. Pole provided background information starting with the April 6, 2009, meeting of the Mayor and Common Council, at which time the Council directed HPC to meet with City staff to research and identify alternative site locations for HPC' s proposed emergency shelter. She recounted that HPC had done just that for the past four months. Ultimately, HPC and City staff identified two locations as the best possible alternatives to the 840 North Sierra Way site, the subject of HPC's appeal. Ms. Pole advised that the City Attorney's office informed HPC that the site located at 225 West Orange Show Lane was identified as the City's top choice in closed session on July 6, 2009. However, after extensive lease negotiations between the owner and HPC, the owner decided not to go forward with the deal. This last minute deterioration of the lease negotiations with the owner at that site was unexpected. She stated that on July 20, 2009, HPC became aware of an e-mail that was circulated among property owners and included mention of the Mayor's office. HPC shared the contents of this e-mail with the City Attorney's office and its staff; however, HPC did not express any allegations against the Mayor or his staff. HPC did express its concern that such communications could threaten the success of the four months long collaboration with City staff to identify an alternative location and avoid litigation, and to explain the possibility that HPC would not have a letter of intent to lease the West Orange Show Lane spaces. Ms. Pole emphasized that regardless of any unresolved issues that arose between the Mayor's office and the City Attorney in the past week, the legal issue that was presented to this Council on March 16, 2009, on April 6, 2009, and on July 11 08/03/2009 20, 2009, and again today is unchanged-Senate Bill 2 prohibits the City from taking discretionary action to disapprove HPC's proposed emergency shelter. She stated that driven by its desire to work with the City to achieve the mutually beneficial goal of opening an emergency shelter, HPC had collaborated in good faith with City staff in a four-month long search to find an alternative to the originally proposed North Sierra Way site. The search led them to where they are today. The only viable alternative that HPC has identified is located at 673 South Waterman Avenue. This site is ideal for a number of reasons-it is a stand-alone, self-contained, fenced-in site that is completely isolated from sensitive uses. The property is contiguous to the Emergency Shelter Overlay District and surrounding properties are zoned Industrial Light and Office Industrial Park; and the building layout is appropriately configured for HPC's use. Most importantly, the property owners are enthusiastic about HPC's use and have already negotiated the terms of the lease with HPC's real estate agent, who is available to answer any questions the Council members may have regarding this site. After four months of scouring the city for alternative sites, HPC and City staff have successfully identified an ideal alternative to the originally proposed North Sierra Way site. HPC urged the Council to adopt the Planning Department's recommendation and direct Planning staff to prepare an ordinance to allow the site for HPC's proposed shelter at 673 South Waterman Avenue. Lauren Nevitt, attorney with the law firm of Sidley Austin, stated that the only relevant legal issue before this Council relates to the City's affirmative obligation that is mandated by Senate Bill 2; however, she was here to respond to the controversy surrounding this item and clear up any misunderstanding that may have occurred. She provided a summary of the events of the last couple of weeks starting with July 6, 2009, basically reiterating the comments of Ms. Pole and providing additional information regarding issues in which she was directly involved. She also indicated that during this time frame she had received a copy of the CC&Rs of the property at 225 West Orange Show Lane. (Note: The CC&Rs were ultimately shown to contain language stating that no uses involving overnight stays were allowed, which would have precluded HPC from leasing this site.) Ms. Nevitt stated that on Wednesday, July 22, the City Attorney's office contacted her to request additional information regarding the e-mail that HPC had sent to them the day before. She stated that they had a telephone conversation conveying information; however, there were no allegations in that conversation. The next time she had a conversation with the City Attorney's office was Tuesday, July 28, and they scheduled a meeting to discuss alternative sites. During this meeting there was no mention of the issue between the City Attorney and the Mayor's office until the end of the meeting when Henry Empefio handed Liz Roubidoux a copy of the memo authored by City Attorney 12 08/03/2009 Penman. Later that day Mr. Empefio e-mailed her a copy of the memo at approximately 3 p.m., and this was the first time that HPC had heard of any allegations against the Mayor's office, which the City Attorney's office now alleges that HPC instigated. Responding to an inquiry from Council Member/Commissioner Johnson, Ms. Nevitt confirmed that she received the CC&R's on Tuesday, July 21; and up until that time she had never heard of them, their real estate agent was not aware of them, and the property owners themselves did not know they existed. City Attorney Penman entered the following document into the record: . An Interoffice memorandum dated July 24, 2009, from Henry Empefio Jr. to James F. Penman regarding Human Potential Consultants, LLC ("HPC"), which he read verbatim (including attachments) into the record. According to Mr. Penman, when Mr. Empefio read this correspondence from Lauren Nevitt it concerned him because he felt, based on an Attorney General's opinion that he had read, that it was a potential violation of the common law prohibition against conflicts of interest. Provided to the Council members and elected officials, but not distributed to the public, was an Inter Office Memorandum dated July 31, 2009, from James F. Penman to the Common Council designated Confidential - Legal Confidential Memo No. 09-054 regarding Alleged Conflict of Interest by Mayor Morris Relating to the Potential Site for Homeless Parolee Facility at 225 West Orange Show Lane Related to Liability (a 22-page document with attachments). Mr. Penman provided a lengthy, detailed oral presentation regarding this matter. Mr. Penman stated that in his letters he took pains to point out that the allegations regarding a possible conflict of interest by the Mayor came from HPC and did not generate in his office. He reviewed at length the dates and events of this matter, some of which were provided in the backup materials. He stated that what his office does not know, and the reason his office said the matter needs to be looked into, is that they don't have the facts to show that the Mayor does not have a financial interest in his daughter's business. According to Mr. Penman, if the City gets sued, allegations are going to be made, and they (City/Council) are going to want to go forward and say, yes, we looked into that at the time, we investigated it, and we confirmed that the Mayor did not have an interest, so the folks suing us are mistaken about this. 13 08/03/2009 Mr. Penman advised the Mayor that if he would just recuse himself from this matter he would take away a potential argument that a person suing the City might have. He stated he was not accusing the Mayor of having any conflict- he was just saying that HPC had made those statements that both he and Mr. Empeiio saw as allegations. Mayor/Chairman Morris stated that they had heard from the folks from Sidley Austin, and they did not make any accusations. Mayor Morris stated that he had taken into consideration Mr. Penman's 30 pages of memoranda and his advice, he had reviewed the facts of the law-and there is no conflict. He told Mr. Penman to do what he needed to do-to talk to the D.A., to talk to the Attorney General-if that is what he needed to do. Council Member/Commissioner Estrada questioned whether the City would have a conflict by having a contract/agreement with a particular entity, if the entity becomes involved in a matter involving another entity that the City is trying to do business with. There appeared to be no concrete answer to this question without knowing a lot more information about the matter. Therefore, Ms. Estrada stated that she was not going to vote on anything until she found out if they were jeopardizing the City of San Bernardino by doing what they were doing. Council Member/Commissiner McCammack stated she was glad HPC was no longer considering the Orange Show Lane site, because she voted against the Orange Show Lane project; however, her issue was that democracy had been derailed. A vote was taken (by the Council in closed session), the Orange Show Lane location passed, and then they came back two weeks later and were told that the location needed to be changed. She stated that in her opinion, since they are a legal body and they created an action and then things change, the activity becomes suspect. Ms. McCammack stated that because of the Mayor the change was made to a location three-tenths of a mile from a Charter Academy and a Headstart Elementary School; and that was unacceptable. According to Ms. McCammack, the reality is that this city does not need anymore parolee housing, so whether the current issue (as to whether the Mayor has a conflict and should have recused himself) continues or not, the conversation will still happen because she doesn't want to see anymore parolee houses in the city. 14 08/03/2009 Council Member/Commissioner Johnson noted that when they started this whole process they had over 30 sites and narrowed it down to two sites-one on Orange Show Lane and the other on South Waterman. Then they found out that the site on Orange Show Lane had Conditions, Covenants, and Restrictions (CC&Rs) prohibiting any business in that area from having anyone sleep overnight in any of the premises. He questioned why this information did not come out when they investigated this location. City Attorney Penman answered that the sites were not investigated in that manner. Planning looked at the locations in cooperation with HPC and they tried to find sites that would not be close to residences or schools, etc. HPC, according to Deputy City Attorney Empefio, is the one that suggested the Orange Show Lane site. No one knew about the CC&Rs-even the building owner claims he did not know about the CC&Rs. He added that it was not the City's responsibility to ferret this information out-that was the responsibility of the entity interested in buying or leasing the property. Commenting on the suggested motion on the agenda, Mr. Penman stated that he would definitely not recommend an urgency ordinance at this point. He stated that he thought they should notify people-that they should notify everybody within a mile around these facilities before they approve them. He stated that he did not think they should even do a regular ordinance at this point. He suggested that they start from scratch, send it to the Planning Commission first, let them act on it, let them refer it to staff for an ordinance, let the hearings take place there and at the Council, and start letting the people in town within a mile radius of any proposed facility, whether it be a liquor store, a convenience store, a parolee facility, a private school-let them know up front what is being considered. Therefore, his recommendation would not be to bring it back for an urgency ordinance or regular ordinance, but rather to send it back to Planning and have them start the process and go through it and require that everybody gets notice. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Estrada, to send the Waterman site to the Planning Commission to do due diligence and notify all property owners within one mile of the proposed project location. The vote was taken following discussion. Council Member/Commisisoner Kelley stated that they should listen to the residents and business owners surrounding these facilities, and reiterated how detrimental this type of facility is to the City of San Bernardino-both to residents and businesses alike. 15 08/03/2009 Ms. Pole stated that HPC's proposed shelter is a homeless shelter-it is not a parolee facility. She stated that that term can be inflammatory; and used here, it is definitely misleading. She stated that the Waterman site that has been discussed is not in conflict with Katie Willis, and HPC does not have a contract with the owner of the Orange Show location, so whatever relationship she (Katie) has with that place is of no consequence to HPC because she is not involved in the Waterman site. Ms. Pole stated that HPC shared with the City Attorney an e-mail that came to their attention in an attempt to explain why we would not have a letter of intent. The City Attorney's office staff directed them to have intense negotiations with the owner of that site-they did not get a contract for reasons that are best known to him. She stated that they cannot know why the City Attorney interpreted them giving the e-mail to his office in the way that the City Attorneys did; but from what she has heard it was not HPC nor Sidley Austin's intent, and is still not their intent, to make any allegations regarding the Mayor. She stated that she could only tell the Council what they said-she could not tell them what the City Attorney heard. She reiterated that the bottom line is, Senate Bill 2 prohibits the City from taking discretionary action to disapprove HPC's proposed emergency shelter. If the City goes back to the Planning Commission, which she did not think the City could do, HPC runs the risk of losing that site, thereby increasing HPC's damages. They have been to the Planning Commission, they are on appeal from the Planning Commission, and they agreed to continue their appeal because of what the City asked them to do. They have cooperated with City staff and they have tried to agree with the City as to what sites would be appropriate; and they have narrowed it down to one site, and that is the Waterman site. She stated that their agreement with the City was that they would continue the appeal until they worked this out. If HPC has to, it would have to re-urge this appeal, and that is something they hoped they would not have to do. They are urging the City Council to allow City staff to look again and prepare an emergency ordinance so that this site can be deemed appropriate. Council Member/Commissioner McCammack stated that prior to searching the 30 sites, the Sierra Way site was still an option, but with conditions. Ms. Nevitt pointed out that the City Attorney's office proposed conditions for the North Sierra Way site which would have made the operation of a shelter at that place infeasible; and if you impose such conditions on a site that makes operation of a business or a shelter at that site infeasible, then you are taking discretionary action through the approval of conditions and making that a discretionary action to disapprove a site. 16 08/03/2009 City Attorney Penman stated that the Council and City staff understand that it is HPC's position that the conditions that the Council discussed in closed session and directed his office to inform them of-they were not comfortable with those conditions as far as their business plan is oncerned. But those conditions were legal. They would have restricted HPC's ability to place certain parolees at that site, and that is what they objected to; but for the record, the fact that it wasn't what they wanted in their business plan does not make it absolutely illegal. According to Mr. Penman, that's a question of fact that a court may have to determine. He stated that it was the City's position that the City Council had the right to ask for those conditions and that they could have opened a homeless shelter with those conditions. It might have been difficult for them to open a parolee homeless shelter, but they could have opened a homeless shelter. And they really could have opened one with parolees, too, but there would have been restrictions in terms of there not being sex offenders. Liz Roubidoux, Sr. Vice President, NAI Capital, Commercial Real Estate, stated that Councilman Johnson had raised the question regarding the CC&Rs on Orange Show Lane, and she wanted to clarify that. She stated that there are recorded CC&Rs dated 2005, which do not indicate that this type of use was prohibited. On July 20, 2009, it was found that there was a second set of CC&Rs that were apparently drafted and adopted by the association in February 2008, which did prohibit this type of use. She stated that as far as she knew the CC&Rs drafted in 2008 were not recorded. The property owners were not aware of them until the matter was raised by the association and they produced the 2008 second set of CC&Rs. C. Patience Summers, San Bernardino, CA, spoke regarding the clients of HPC, stating that some of them have serious records; and the possibility that HPC intentionally pitted the City Attorney and the Mayor against each other, knowing that there were already issues. Roger Henderson, San Bernardino, CA, stated that he thought The Sun newspaper owed Mr. Penman an apology-they have been very biased every time he does smell a little smoke and wants to go after it. He told the City Attorney to keep up the good work and thanked Ms. McCammack for doing a good job. The substitute motion made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Estrada, to send the Waterman site to the Planning Commission to do due diligence and notify all property owners within one mile of the proposed project location failed. Ayes: Kelley, McCammack. Nays: Baxter, Shorett, Johnson. Abstentions: Estrada. Absent: Brinker. 17 08/03/2009 The original motion made by Council Member/Commissioner Shorett, seconded by Council Member/Commissioner Baxter, that the matter be continued to August 17, 2009; and that Planning staff be directed to prepare an ordinance to allow homeless facilities at 673 S. Waterman Avenue, subject to the City Attorney's determination as to whether to proceed with a regular or urgency ordinance or both failed. Ayes: Baxter, Shorett, Johnson. Nays: Kelley, McCammack. Abstentions: Estrada. Absent: Brinker. Council Member/Commissioner Estrada left the meeting and Council Member/ Commissioner Brinker arrived at the meeting. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that Agenda Item No. 26 be reconsidered. The motion carried. Ayes: Baxter, Brinker, Shorett, Johnson. Nays: Kelley, McCammack. Absent: Estrada. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to August 17, 2009; and that Planning staff be directed to prepare an ordinance to allow homeless facilities at 673 S. Waterman Avenue, subject to the City Attorney's determination as to whether to proceed with a regular or urgency ordinance or both. The motion carried. Ayes: Baxter, Brinker, Shorett, Johnson. Nays: Kelley, McCammack. Absent: Estrada. 27. Resolution of the City of San Bernardino authorizing and directing the execution of a quitclaim deed to Camden Holdings, LLC, for vacated Gannett Parkway, between Hallmark Parkway and Georgia Boulevard and an adjacent storm drain easement and authorizing the acceptance of easement for storm drainage purposes, an easement for emergency vehicle access and an easement and right of way for sidewalk ramps and traffic signal facilities. (Continued from July 6, 2009.) Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried unanimously with Estrada absent. 28. Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison across City owned property located on the northeast corner of Palm Avenue and Irvington Avenue, known as Tom Minor Park (APN 0261-691-48) (Continued from July 6, 2009.) 18 08/0312009 Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council! Commission meeting of August 17, 2009. The motion carried unanimously with Estrada absent. 29. Resolutions approving the 2009/2010 Assessment Rolls - various Assessment Districts. (Continued from July 6, 2009.) RES. 2009-285 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. (29X) RES. 2009-286 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive area. (29Y) RES. 2009-287 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. (29AA) RES. 2009-288 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. (29DD) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions X, Y, AA, and DD, be adopted. Resolution Nos. 2009-285, 2009-286, 2009-287, and 2009-288 were adopted unanimously with Estrada absent. 30. Resolution of the City of San Bernardino approving License Agreement No. 09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for maintenance of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th Street (BR#54C0066). (Continued from July 20, 2009.) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council! Commission meeting of August 17, 2009. The motion carried unanimously with Estrada absent. 19 08/03/2009 31. Fire Department Reorganization (Continued from July 20,2009.) Steve Brown, firefighter-paramedic with the City of San Bernardino Fire Department, spoke in opposition to the Chief's reorganization plan, stating that it was strongly opposed by the Department and a slap in the face of the rank and file firefighters. Joe Ortiz, San Bernardino, CA, spoke about the special interests of some of the Council members-basically expressing opposition to the Chief's plan. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley that the Fire Department's Management staff be kept as is; and that the Fire Department be directed to generate additional revenue of $254,200 (FY 2009110) through compliance enforcement and the additional revenue be used to reinstate firefighter positions. The motion failed. Ayes: Kelley, McCammack. Nays: Baxter, Brinker, Shorett, Johnson. Absent: Estrada. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the Fire Department Reorganization Plan be implemented as outlined in Attachment A and the savings be used to balance the FY 2009110 budget as proposed in the budget workshops. The motion carried. Ayes: Baxter, Brinker, Shorett, Johnson. Nays: Kelley, McCammack. Absent: Estrada. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Shorett, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Manager McNeely, City Clerk Clark. Absent: Council Members/Commissioners Estrada, Brinker. R32. Joint Public Hearing - Meta Housing, Inc., Magnolia Highland, L.P., Disposition and Development Residual Receipts Loan Agreement (The Magnolia at Highland Project - Northwest Redevelopment Project Area) (Continued from July 20, 2009.) 20 08/03/2009 RES. 2009-289 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of the Redevelopment Agency of the City of San Bernardino's properties located on the southwest corner of Highland Avenue and Medical Center Drive (APN's: 0143-191-38, 46 and 63) to Meta Housing, Inc. - Magnolia Highland, L.P., for the development of 79 units of affordable senior citizen rental housing (Northwest Redevelopment Project Area). (R32A) RES. CDC/2009-39 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 the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition and Development Agreement ("DDA") by and between the Agency and Meta Housing, Inc. - Magnolia Highland, L.P. (Northwest Redevelopment Project Area). (R32B) Mayor/Chairman Morris opened the hearing. Carey Jenkins, Director of Housing and Community Development, Economic Development Agency, provided background information from the staff report. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Shirley Harlan, a member of the Senior Affairs Commission, asked if the project had been discussed with the commission, stating that this project is the type of thing that should come before the commission and City staff is not really utilizing many of the committees/commissions as they should. Mr. Jenkins replied that it had not been discussed with the Senior Affairs Commission; however, staff would be glad to make a presentation to them. Phillip Moreno, Chair of the Northwest Redevelopment Project Area Committee (NWPAC), stated that META Housing had met with the PAC twice; and that the PAC approved of this project and recommended that the Council vote for the project. Kimiko Ford, representing San Bernardino Community Hospital, stated that the hospital strongly endorsed the project and that they would partner with META Housing to ensure success of the project. Council Member/Commissioner McCammack stated that she completely supported this project; however, she had concerns regarding the contract and the grant deed. She stated that she did not feel comfortable approving documents 21 08/03/2009 that had several blanks contained in them. She was also concerned about the age requirement and whether a young person would be allowed to live in the project. Interim Agency Executive Director Marzullo stated that the document did state that a qualified household has to have one person 62 years of age or older. Ms. McCammack stated that she did not see in the document where it says that someone under 62 cannot live in the project, which basically means anybody of any age can live there as long as one person is 62 or older. She stated that if the deed states what is allowed in one section, then it should say what is not allowed in that same deed. Mr. Jenkins asked the Council to look at Attachment 9, Agency Regulatory Agreement, page 26, item #24, which states, "The developer shall adopt written tenant selection policies and criteria that are consistent with the purpose of providing housing for individuals who are at least 62 years of age and have an income that is not more than a qualifying tenant income. He noted that this is a 55-year regulatory agreement that will be recorded. Mr. Sabo suggested that at the top of page 6 instead of using the word "family" they use the word "household" so that it says, "Provided at least one member of the household is 62 years of age or older to qualify for permanent residence, and households are limited to two individuals with no minor children." Ms. McCammack stated that that language was acceptable. Interim Agency Executive Director Marzullo added that this is the beginning of the project-not the end-that this is the first step that gives the Agency and the nonprofit the ability to work together. However, staff will bring these documents back before the Council!Commision in the future for approval, and they will be completed documents. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed and that said Resolutions A and B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2009-289 and Community Development Commission Resolution No. CDC/2009-39 were adopted unanimously with Estrada and Brinker absent. Council Member/Commissioner Baxter requested that in the future the Senior Affairs Commission be included in the process. 22 08/03/2009 R33. City of San Bernardino and the Redevelopment Agency of the City of San Bernardino - Adoption of a Policy regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation 18944.1. (Continued from July 20, 2009.) RES. 2009-290 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting a Joint Policy with the Redevelopment Agency of the City of San Bernardino regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation 18944.1. (R33A) RES. CDC/2009-40 Resolution of the Community Development Commission of the City of San Bernardino adopting a Joint Policy with the City of San Bernardino regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation 18944.1. (R33B) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Shorett, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2009-290 and Community Development Commission Resolution No. CDC/2009-40 were adopted unanimously with Estrada and Brinker absent. R34. Item deleted R35. Contracts for Professional Services: Rosenow Spevacek Group, Inc. (Merger and Plan Amendments) and RBF Consulting (Program EIR - Merger and Plan Amendments) RES. CDC/2009-41 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 Contract for Professional Services by and between the Agency and Rosenow Spevacek Group, Inc., to provide consultant services in connection with merging certain redevelopment project areas and plan amendments (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas). (R35A) 23 08/03/2009 RES. CDC/2009-42 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 Contract for Professional Services by and between the Agency and RBF Consulting, to provide consultant services in connection with the preparation of a Program Environmental Impact Report for the proposed project areas merger and plan amendments (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East). (R35B) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A and B, be adopted. Resolution Nos. CDC/2009-41 and CDC/2009-42 were adopted unanimously with Estrada and Brinker absent. R36. Waterman Holdings, LLC - Approve Defense, Indemnification and Hold Harmless Agreement and Easement, Maintenance and Operation Agreement (Central City East Redevelopment Project Area) Resolution of the Mayor and Common Council of the City of San Bernardino approving a Defense, Indemnification and Hold Harmless Agreement between the City of San Bernardino and Waterman Holdings, LLC, concerning real property (4th and Waterman Avenue - APN: 0135- 191-17) (Central City East Redevelopment Project Area). (R36A) Resolution of the Mayor and Common Council of the City of San Bernardino approving an Easement, Maintenance and Operation Agreement between the City of San Bernardino and Waterman Holdings, LLC, concerning real property (4th Street and Waterman Avenue - APN: 0135-191-17) (Central City East Redevelopment Project Area). (R36B) Staff requested a two-week continuance of this matter. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council! Commission meeting of August 17, 2009. The motion carried unanimously with Estrada and Brinker absent. R37. Mobile Home Rent Board Expenditure - Appropriate Agency Low/ Moderate Housing Funds to the General Fund 24 08/03/2009 RES. CDC/2009-43 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the appropriation of an amount not to exceed $44,480 from the Redevelopment Agency of the City of San Bernardino Low and Moderate Income Housing Funds for transfer to the City of San Bernardino General Fund for costs associated with the procurement of an Independent Appraiser, Spanish Translator and Hearing Officer as it relates to the proposed rent increases for Orangewood, Hillside, Glen Aire and Pacific Palms Mobile Home Parks. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council of the City of San Bernardino request the appropriation of an amount not to exceed $44,480 from the Redevelopment Agency of the City of San Bernardino Low and Moderate Income Housing Funds for deposit to the City of San Bernardino General Fund for costs associated with the procurement of an Independent Appraiser, Spanish Translator and Hearing Officer as it relates to the proposed rent increases for Orangewood, Hillside, Glen Aire and Pacific Palms Mobile Home Parks; and that the Community Development Commission of the City of San Bernardino adopt said resolution. The motion carried and Community Development Commission Resolution No. CDC/2009-43 was adopted unanimously with Estrada and Brinker absent. R38. Item deleted PLANNING ITEMS 39. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Continued from July 20, 2009.) (See related Item No. 26.) The hearing was closed at the Council/Commission meeting of April 6, 2009. Jay Lindberg, San Bernardino, CA, stated that the city needs more industry- not more homeless shelters. Joe Ortiz, San Bernardino, CA, stated that the majority of the homeless are right where they want to be. 25 08/03/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission meeting of August 17, 2009. The motion carried. Ayes: Baxter, Brinker, Shorett, Johnson. Nays: Kelley, McCammack. Absent: Estrada. 40. Public Hearing - Request for reconsideration of the denial of Conditional Use Permit (CUP) No. 07-04 to establish a gas station, car wash, mini-mart with Type 20 Alcoholic Beverage Control (ABC) license, 2 drive-thru restaurants and Tentative Parcel Map (TPM) No. 19162 to create 3 parcels on 2.1 acres at the northeast corner of Inland Center Drive and "I" Street and Development Code Amendment (DCA) No. 08-02, an ordinance to revise location standards for convenience stores and ABC licenses. Note: No backup materials were submitted. Staff had requested a two-week continuance of this item. The hearing was not opened at this time; however, public comments were accepted. Joe Ortiz, San Bernardino, CA, stated that once again someone was trying to circumvent the process to get around an established ordinance that was set up to curtail the block-to-block liquor stores, tattoo parlors, boom box establishments, strip clubs, etc. that were targeting our city for expansion. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission meeting of August 17, 2009. The motion carried. Ayes: Baxter, Shorett, Kelley, Johnson. Nays: McCammack. Absent: Estrada, Brinker. 41. Set Budget Workshop date for FY 2009/10 budget discussions (Continued from July 28, 2009.) City Manager McNeely advised that all Council Members had been polled and the consensus was to schedule the next budget meeting for 5 p.m., Monday, August 10, 2009, in the Economic Development Agency Boardroom. 42. Public Comments C. Patience Summers, San Bernardino, CA, spoke regarding the displacement of families in the Arden Guthrie area; Operation Sunrise; and the Child Protective Services system. 26 08/03/2009 Marina Briones, San Bernardino, CA, stated that Code Compliance had told her that she was going to be evicted and, therefore, didn't even come into her home to inspect it. Sir Isaac Lindsay, San Bernardino, CA, thanked Council Member McCammack and City Attorney Penman and talked about coming together for the people in the Arden Guthrie area-that there needs to be a proper plan for the area. Joe Ortiz, San Bernardino, CA, spoke regarding the actions of four Council members relative to the budget and recent actions they took regarding budget decisions. Jay Lindberg, San Bernardino, CA, repeated his request for a copy of the Executive Seismic Summary for City Hall, and stated that developers have a lot of power in this County and he wants to make sure they don't control political power in the City. Shirley Harlan, San Bernardino, CA, stated that she hoped there were citizens watching who would come down and participate in the Council meetings. She expressed concern regarding the posturing of the Mayor and Council and the negative effect it has on the city. Jim Smith, San Bernardino, CA, stated that it was long overdue that we address the problems that we have with personalities at the dais, that we have to work on the image of the City, and encouraged more citizens to come down to the Council meetings. He also noted that he had heard that City Attorney Penman does not support the bicentennial being planned for 2010. Councilwoman Wendy McCammack, speaking from the podium, stated that she answers the calls and requests of her constituents to the best of her ability and is often told by those callers to keep fighting the corrupt politicians. She stated that people should be afraid when all seven votes on the Council agree time after time after time. City Attorney Penman, speaking from the podium, stated that the reason he has not spoken about the bicentennial is because San Bernardino wasn't really founded in 181O-that the valley was named in 1810 and in 1910 they manufactured that they would celebrate the 100'" anniversary-but the City was not actually incorporated until the 1850s. 27 08/03/2009 43. Adjournment At 8:25 p.m. the meeting adjourned to 5 p.m., Monday, August 10, 2009, in the Economic Development Agency Boardroom to consider the Fiscal Year 2009/10 City and Economic Development Agency budgets. The next joint regular meeting of the Mayor and Common Council!Community Development Commission is scheduled for Monday, August 17, 2009. By: RACHEL G. CLARK ;t1ity:;rk Linda E. Hartze~ Deputy City Clerk 28 08/03/2009