Loading...
HomeMy WebLinkAbout12-21-2009 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 J. Baxter Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 21,2009 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:34 p.m., Monday, December 21, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Shorett, Kelley, Johnson; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Members/Commissioners Estrada, McCammack. Council Member/Commissioner Kelley left at 5:55 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Batey, Jane, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. SCVSS 141503; 12/21/2009 Carlberg/Meyers v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVDS 904251; City of San Bernardino Municipal Water Department v. U.S. Department of Defense - United States District Court, Case No. CV 96-8867 MRPP (VAPx); Golding, Justin Ryan v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 700791; Zimmon, Garret v. City of San Bernardino - San Bernardino County Superior Court, Case No. CVIDS 906555. 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) One Case 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 Qui Tam case filed under seal, U.S. District Coun (Central District of California) No. EDCV 06-0055 - GW 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. 2 12/21/2009 City Attorney Penman announced that the following additional case would be discussed in closed session: San Bernardino Police Officers Association v. City of San Bernardino - San Bernardino County Superior Court Case No. CIVDS 902362. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by the Reverend Sandra Tice of the First Presbyterian Church. The pledge of allegiance was led by Michelle Alfaro Rodarte, a 6th grade student at Marshall Elementary School. 2. Appointments There were no commission appointments. 3. Presentations The Cajon High School Bell Choir, under the direction of Choir Director Matt Thomas, gave a "Holiday Bells" performance. Greg Christian, Executive Director of Kaiser Permanente, Fontana/Ontario, and Jennifer Silvestri gave a PowerPoint presentation concerning their Community Benefit Program and their commitment to support the safety net, build healthier communities and share knowledge and care. On behalf of Council Member McCammack, Council Member Johnson presented the Student of the Month Award to Grace Ali, an 8th grade student at Colonel Joseph C. Rodriguez Preparatory Academy. Rina Marron, Employee Recognition Committee Chairperson, announced that the winner of this year's Holiday Spirit Contest was Code Enforcement with their Hawaiian Christmas theme. Chief of Police Keith Kilmer provided an update of San Bernardino Taking Action Against Graffiti (SB T AAG) - a partnership of City departments, local agencies and the community to eliminate graffiti through eradication, education and enforcement to create a more beautiful San Bernardino. 3 12/21/2009 Rabbi Hillel Cohn, Chairman of the City's Bicentennial Committee, introduced several members of the Committee and distributed a Calendar of Events to the Mayor and Council. The following individuals were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Gary Hoepfner Langsdon Canright Francisco Hernandez Lt. Daniel Keil Arturo Reyna Cheri Williams Sandra Washington 4. Announcements Department Facilities Management Police Police Police Police Police Public Services Years of Service 25 5 5 25 5 30 5 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 Brinker, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried with Estrada and McCammack absent. 6. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated December 2, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried with Estrada and McCammack absent. 4 12/21/2009 7. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated December 16, 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 with Estrada and McCammack absent. 8. Item deleted 9. RES. 2009-373 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, OdIum & Haws and the City of San Bernardino in the case of Steve Lowes v. Michael Billdt, et aI. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-373 was adopted with Estrada and McCammack absent. 10. RES. 2009-377 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Engagement Letter between the City of San Bernardino and Best, Best and Krieger for legal representation in the matter concerning a petition to place a Charter Amendment on the November 2, 2010 ballot. Public Comments: Joe Ortiz, San Bernardino, CA; Jay Lindberg, San Bernardino, CA. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-377 was adopted with Estrada and McCammack absent. 11. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement with the County of San Bernardino for the maintenance of a portion of Old Waterman Canyon road lying outside of the area annexed to the City as Annexation No. 360 in the Arrowhead Springs area. Note: No resolution was distributed. 5 12/21/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of January 4,2010. The motion carried with Estrada and McCammack absent. 12. RES. 2009-374 - Resolution of the City of San Bernardino authorizing the execution of a Letter of Consent allowing T-Mobile to sublease Sprint PCS's existing tower space to Clear Wireless, LLC, as a co-plane collocation, and to execute a Letter of Consent for Sprint PCS, permitting Clear Wireless, LLC, to use a portion of Sprint PCS's leased area, on a portion of City owned property located at 2750 W. 2nd Street, also known as Nicholson Park. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-374 was adopted with Estrada and McCammack absent. 13. RES. 2009-375 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to RBF Consulting for construction management services for street improvements on Cajon Boulevard. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-375 was adopted with Estrada and McCammack absent. 14. Item deleted 15. 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 $70,600 with two (2) one-year extensions at the City's option between the City of San Bernardino and Inland Empire Landscape, Inc. for supplemental as needed landscape maintenance services throughout the City of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of January 4, 2010. The motion carried with Estrada and McCammack absent. 16. RES. 2009-378 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Facility Use Agreement by and between California State University, San Bernardino and the City of San Bernardino allowing for the University's use of Fiscalini Field from December 26, 2009 through December 25, 2010, with the option of three (3) one-year renewals. 6 12/21/2009 Public Comments: Don Parnell, San Bernardino, CA; Kevin Hatcher, San Bernardino, CA. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-378 was adopted with Estrada and McCammack absent. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Operating Services Agreement by and between Major League Softball, Inc. (MLS) and the City of San Bernardino for the organization and management of the Parks, Recreation and Community Services Department's adult softball and adult baseball programs; MLS is granted use of Encanto Field from January 1, 2010 through December 31, 2010 with two (2) optional one-year renewals; and use of Fiscalini Field from May 28, 2010 through October 31, 2010, with the option of one (1) one-year renewal. Note: No resolution was distributed. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of January 4, 2010. The motion carried with Estrada and McCammack absent. 18. RES. 2009-376 - Resolution by the Mayor and Common Council to execute Amendment No. 2 to the Agreement for Crossing Guard Services with All City Management Services for a crossing guard position at Victoria Elementary School (Redlands Unified School District). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2009/2010 budget to increase Police Reserve Account No. 001-000-4740 by $5,100, increase Police Expenditure Account No. 001-217-5505 by $10,300, and decrease Police Expenditure Account No. 001-217-5014 by $5,200. The motion carried and Resolution No. 2009-376 was adopted with Estrada and McCammack absent. 19. RES. 2009-379 - Resolution of the City of San Bernardino ratifying the submittal of grant applications to the US Soccer Foundation for funding in the amount of $324,700 for the purchase of maintenance equipment, bleachers, benches, signage, and a synthetic turf field for the San Bernardino Soccer Complex. 7 12/21/2009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-379 was adopted with Estrada and McCammack absent. 20. RES. 2009-380 - Resolution of the City of San Bernardino ratifying the submittal of a grant application to Kaiser Permanente for funding in the amount of $43,000 to augment the Parks, Recreation and Community Services Department Swim Program for the 2010 summer season. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-380 was adopted with Estrada and McCammack absent. 21. Item deleted 22. Item deleted 23. Approve the FY 2008/2009 Continuing Appropriations and Encumbrance Carryovers into FY 2009/2010 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the FY 200812009 continuing appropriations and encumbrance carry overs be approved; and that the Director of Finance be authorized to amend the FY 2009/2010 budget to include the approved continuing appropriations and encumbrance carryovers. The motion carried with Estrada and McCammack absent. 24. Receive and file the FY 2009/2010 First Quarter Budget Report Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the FY 2009/2010 First Quarter Budget Report be received and filed. The motion carried with Estrada and McCammack absent. 25. Receive and me FY 2008/2009 Year End Report Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the FY 200812009 Year End Report be received and filed. The motion carried with Estrada and McCammack absent. 26. Authorize the Director of Finance to amend the FY 2009/2010 budget to reflect lowered revenues and implement all budget balancing strategies as outlined in the staff report dated December 21, 2009, from Barbara Pachon, Director of Finance 8 12/21/2009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2009/2010 budget as outlined in the staff report from Barbara Pachon, Director of Finance, to reflect the lowered revenue projections and to implement all the proposed budget balancing strategies with the exception of a $61,300 reduction in Council Office carryovers and a $11,100 reduction in Parks and Recreation carryovers (combined total of $72,400); and that the Director of Finance be authorized to take $27,700 from the General Fund Budget Reserve to cover the remaining shortfall. The motion carried with Estrada and McCammack absent. Council Member/Commissioner Brinker questioned whether the amount of carryover money for the Council office should be reduced. It was the consensus of the Council that this matter could be discussed further at their upcoming budget meetings. 27. Public Hearing - Resolution imposing liens on property located within the City of an Bernardino for uncollected business registration fees RES. 2009-381 - 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 Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2009-381 was adopted with Estrada and McCammack absent. 28. RES. 2009-382 - Resolution of the Mayor and Commou Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino Parks, Recreation and Community Services Department. (Continued from December 7, 2009) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-382 was adopted with Estrada and McCammack absent. 9 12/21/2009 PLANNING ITEMS 29. Appeal Hearing - Appeal of the Planning Commission's approval of Tentative Tract Map (TTM) No. 16794 and Variance No. 09-02. The project is a 44-lot single family residential subdivision on 18.45 acres, with a variance to permit a retaining wall up to 26 feet in height on the west side of Palm Avenue, 200 feet north of Verdemont Drive in the RL, Residential Low, land use district. (Appeal No. 09-02) (Continued from December 7,2009) The hearing remained open. Terri Rahhal, Deputy Director/City Planner, Development Services, provided background information. She stated that public testimony given at the appeal hearing and the discussion by the Council Members at the hearing centered on concerns with the Verdura wall, including the stability of engineering design, safety and liability issues revolving around the climbable face of the wall, and whether or not the proposed wall height and the associated variance were truly required for the project. She stated that at the conclusion of the hearing on December 7, the Council directed staff to work with the applicant to study design alternatives and come back with answers to questions raised during the appeal hearing. Ms. Rahhal stated that after some intensive work by the applicant to redesign the grading design at the southwestern portion of the project site, a revision to Tentative Tract Map No. 16794 was submitted. The revised map design calls for a standard split-face retaining wall with a maximum height of 8 feet which eliminates the need for a variance; therefore, the variance request was withdrawn. She stated that the revised map compromises some of the usable pad area on lots in the southwestern portion of the project site and several small adjustments were required to maintain the same lot configuration as the original tract map. The revised design addresses all the concerns raised at the December 7 hearing-the proposed retaining wall conforms to standard height requirements, does not require any unique engineering design, will not be climbable, and does not require a variance. The revised tentative tract map also conforms to all the development standards of the residential low density land use district and is in conformance to the tentative tract map approved by the Planning Commission on September 23. The number of lots and their configuration remain the same with a slight adjustment to the design of the curve on the interior loop street and has been approved by the City Engineer. The changes incorporated in the revised tentative tract map do not affect the basic design approved by the Planning Commission and the design that was analyzed in the Environmental Initial Study and Mitigated Negative Declaration that was adopted by the Planning Commission except for the reduced height of the 10 12/21/2009 retaining wall, which was analyzed in the Initial Study for its potential aesthetic impacts on surrounding properties. Staff's recommendation is that the Mayor and Council deny the appeal and approve the revised Tentative Tract Map No. 16794. Ms. Rahhal submitted and read into the record a revised recommended motion and an alternative motion, dated December 21,2009. The following individuals spoke in support of the project: Eric Borstein, Los Angeles, CA; Joe Ortiz, San Bernardino, CA; Jay Lindberg, San Bernardino, CA; Shirley Harlan, San Bernardino, CA; Tanis C. Hazlett, San Bernardino, CA, voiced her support and requested that the Master Trails System be completed and incorporated into the Conditions of Approval. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the Mayor and Common Council independently review, analyze and exercise independent judgment in its consideration of the Initial Study, and in making its determination with respect to the Revised Tentative Tract Map No. 16794, the Mayor and Council finds that recirculation of the Mitigated Negative Declaration is not required under CEQA Guidelines Section 15073.5 because: a) The project revisions, which have been made in response to written and verbal comments on the project's effects, cause no new impacts and cause no greater impacts than those already assessed in the Mitigated Negative Declaration; and b) The conditions of project approval, which have been revised or added as a result of the project revisions, are not mitigation measures required by CEQA; and That the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Attachments E and F to the Planning Commission Staff Report); and approve Revised Tentative Tract Map No. 16794 based on the Findings of Fact contained in the Planning Commission Staff Report and subject to the Conditions of Approval and Standard Requirements recommended by the Planning Commission, as revised to eliminate the variance request. The motion carried with Estrada and McCammack absent. 11 12/21/2009 30. Public Hearing - An Ordinance adding Chapter 17.07 to the San Bernardino Municipal Code as the Water Efficient Landscape Ordinance An Ordinance of the City of San Bernardino adding Chapter 17.07 to the San Bernardino Municipal Code as the Water Efficient Landscape Ordinance. FIRST READING Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that said Ordinance be laid over for final adoption; and that the Development Services Department be directed to prepare an amendment to the Landscaping Standards in Chapter 19.28 of the Development Code to reference and conform to the Water Efficient Landscape Ordinance. The motion carried with Estrada and McCammack absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Shorett, Kelley, Johnson; Sf. Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Agency Council Sabo; City Clerk Clark. Absent: Council Members/Commissioners Estrada, McCarnmack. R3l. Public Hearing - Amendment to the 2009-2010 City of San Bernardino Annual Action Plan authorizing the use of HOME Funds by Affordable Housing Solutions of San Bernardino, a non-profit 501(c)(3) Corporation for the purpose of mitigating residential foreclosures and related blighting influences (Continued from December 7,2009) Resolution of the Community Development Commission of the City of San Bernardino approving an amendment to the City's 2009-2010 Annual Action Plan and authorizing the use of HOME Investment Partnership Funds by Affordable Housing Solutions of San Bernardino for the purpose of mitigating residential foreclosures and related blighting influences. (R31A) 12 12/21/2009 RES. 2009-383 - Resolution of the Mayor and Common Council of the City of San Bernardino approving: 1) an amendment to the City's 2009-2010 Annual Action PIan and 2) the allocation of $2.5 million in Federal HOME Investment Partnership Program funds to Affordable Housing Solutions of San Bernardino, Inc., a California non-profit corporation. (R31B) Note: No Community Development Commission resolution was distributed. The hearing remained open. Emil Marzullo, Interim Executive Director, Economic Development Agency, stated that this was a companion to Agenda Item No. R32. He stated that the Affordable Housing Solutions Corporation is an EDA-sponsored corporation. This is the entity they set up to use the Neighborhood Stabilization Funds to acquire single-family foreclosed residences, rehabilitate them, and put them back out for sale. Carey Jenkins, Director of Housing and Community Development, Economic Development Agency, stated that back in September they had a Council action that allocated an initial funding amount to Affordable Housing Solutions to acquire foreclosed and other blighted residential properties throughout the City. At that time they allocated $2 million HOME dollars for such activities and they stated that in the near future they would have the public hearing as required by HUD for the allocation of those HOME dollars. He stated that they were back to have that public hearing and, in addition, and subsequent to the September 21 approval, they have requested an additional $500,000, for a total of $2.5 million. The public hearing was published in that amount, it was advertised in a local newspaper-the San Bernardino County Sun-and they were before the Council to request approval. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that said resolution A be tabled; and that said resolution B be adopted. The motion carried and Resolution No. 2009-383 was adopted with Estrada and McCammack absent. R32. Public Hearing - Reallocate funding among program activities and additional capital allocation from the Agency's Low and Moderate Income Housing Set- Aside Funds and HOME Funds for Mary Erickson Community Housing, Inc., and Affordable Housing Solutions of San Bernardino, Inc., and adopt contract amendments to implement certain Housing Program Activities under the Neighborhood Stabilization Program 13 12/21/2009 RES. 2009-384 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the reallocation of funding among Neighborhood Stabilization program activities. (R32A) RES. CDC/2009-68 - 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 Neighborhood Stabilization Program Master Agreement by and between the Agency and Mary Erickson Community Housing, Inc., a California nonprofit public benefit corporation ("Developer"), and Amendment No. 1 to the 2009 Neighborhood Stabilization Program Sub-Recipient Agreement by and between the Agency and Affordable Housing Solutions of San Bernardino, Inc., a California nonprofit public benefit corporation ("Sub-Recipient"). (R32B) Mayor/Chairman Morris opened the hearing. Carey Jenkins, Director of Housing and Community Development, Economic Development Agency, stated that the Agency is reallocating Neighborhood Stabilization Program (NSP) dollars from an activity that they've come to find is not necessary based on where the market values are for their properties (houses) and allocating it to another area that they are fmding quite a bit of success with and where they can better utilize the funds. They're taking $920,000 from the down payment assistance part of their NSP Program and allocating it to the 19th and Sunrise project. A portion of it, $520,000 would go towards Mary Erickson Community Housing and the other $400,000 would be allocated to Affordable Housing Solutions. Because of the success they are having in the initial acquisition phase, they are also adding $1 million to both organizations in the form of housing set-aside, which is the redevelopment portion of the funding. They are also allocating to Affordable Housing Solutions the $500,000 that he mentioned in the previous action, and that will be the amendment to the Affordable Housing Solutions agreement, as well as the amendment to Mary Erickson for $520,000, plus $1 million in housing set-aside funds. Mayor Morris stated that the City is picking up these homes out of foreclosure at very low costs for tear down and, in selected cases, for rehabilitation. Mr. Jenkins stated that when they fIrst started they were not having a large amount of success in negotiating these properties, but now they are starting to see with both Affordable Housing Solutions and Mary Erickson, the ability to start acquiring these properties. What they are seeing is that there are other properties that are not in foreclosure; therefore, they can't use the NSP money because NSP requires that the property be foreclosed upon. So they have this other allocation that's very much needed to negotiate those short sales, which there are a number 14 12/21/2009 of; and they are having success most specifically with Mary Erickson Community Housing Corporation. Emil Marzullo, Interim Executive Director, Economic Development Agency, stated that between Mary Erickson Corporation and Housing Solutions they have four properties that are currently in ownership, they have five properties in escrow and they have another one that will go into escrow this week. He stated that part of their issue in terms of timing of dollars is that they had 18 months from the date of the congressional action, which was last February, to not so much spend it all, but to obligate all of it. So part of their momentum is to try and get the NSP dollars under obligations so they don't lose any of those dollars because by the middle of next year, if they don't have it all under obligation, it will be reallocated to other communities. So, two things are happening, one is that they are having more success than they were initially having on the fourplex acquisition, and the other is that they've got to get those dollars allocated and obligated so they don't lose them. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Joe Ortiz, San Bernardino, CA, spoke in opposition to the project. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolutions A and B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2009-384 and Community Development Commission Resolution No. CDC/2009-68 were adopted with Estrada and McCammack absent. R33. Homebuyer Assistance Program - Fiscal Year 2008/2009 Annual Report Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the Community Development Commission of the City of San Bernardino receive and file the annual update of Homebuyer Assistance Program for the Redevelopment Agency of the City of San Bernardino. The motion carried with Estrada and McCammack absent. R34. Oldtimers Foundation Agreement Extension and Amendment No. 2 (Elderly/Special Needs Minor Home Repair Grant Program) 15 12/21/2009 RES. CDC/2009-69 - 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 Contractor Services Agreement Minor Grant Repair Program (Elderly/Special Needs) between the Oldtimers Foundation and the Agency, amending and extending said agreement and authorizing the amount of $102,655 for a six month term commencing in 2010, subject to annual funding availability. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2009-69 was adopted with Estrada and McCammack absent. R35. Penny Hawkins - Temporary Employment Arrangement for accounting services RES. CDC/2009-70 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing a temporary employment arrangement with Penny Hawkins to provide accounting services to the Redevelopment Agency of the City of San Bernardino. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2009-70 was adopted with Estrada and McCammack absent. R36. Ecclesia's Economic & Community Development Collaboration ("EECDC") Affordable Housing Program Memorandum of Understanding ("MOU") for the Acquisition and Redevelopment of Residential Properties RES. CDC/2009-71- 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 Memorandum of Understanding by and between the Agency and Ecclesia's Economic & Community Development Collaboration (EECDC Affordable Housing Program). Council Member/Commissioner Johnson abstained because his wife is the office manager at Ecclesia Christian Fellowship. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. CDC/2009-71 was adopted with Johnson abstaining and Estrada and McCammack absent. 16 12/21/2009 37. Public Comments Scott Johnson, President of the Shandin Hills Neighborhood Association, San Bernardino, CA, thanked all the residents and the community members who helped coordinate their general meeting which was held last Thursday night at the Charter School on "E" Street. Patrick A. Murphy, San Bernardino, CA, stated that he believes the Police Department does not respect disabled veterans and feels he is being targeted. Joe Ortiz, San Bernardino, CA, wished everyone a Merry Christmas. Betty J. Long, San Bernardino, CA, spoke regarding personal matters. Jay Lindberg, San Bernardino, CA, spoke regarding the ban on medical marijuana dispensaries and solar energy. Karen Serrano, representative in the office of Congressman Joe Baca, San Bernardino, CA, extended an invitation to all civic leaders, business owners and residents to join the Congressman in an effort to obtain a more complete count in the 2010 Census in the City of San Bernardino by participating on their Congressional Complete Count Committee. Rose Loya, San Bernardino, CA, stated that a safe alternative to dumping pets is to take them to the nearest shelter or Humane Society. Jim Smith, San Bernardino, CA, stated that a good new year's resolution for next year would be for everyone to work together as a City. He stated that on May 20, 2010, the Catholic diocese will have a reenactment of the day in 1810 when the San Bernardino Valley was founded. 38. Adjournment At 6:09 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, January 4,2010. RACHEL G. CLARK City Clerk By~J.-r1oAf4d , Linda Sutherland Deputy City Clerk 17 12/21/2009