HomeMy WebLinkAbout06-07-2010 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Jason Desjardins
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
JUNE 7,2010
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 1:34 p.m., Monday, June 7,2010, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City
Attorney Penman; City Manager McNeely; City Clerk Clark.
None.
Absent:
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Susan Hulse v. LAFCO & City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVDS 1002077;
City of San Bernardino v. Charter Communications Inc. - San Bernardino
County Superior Court, Case No. CIVSS 808842;
06/07/2010
Citizens for Responsible Equitable Environment Development v. City of
San Bernardino, et at. - San Bernardino County Superior Court, Case No.
CIVDS 918169.
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
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:
~id-~anagement
General
~anagement/ Confidential
Fire Safety
Fire ~anagement
Police ~anagement
Police
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Tax Defaulted Properties
1. Property Address:
882 Washington A venue south of Central
A venue
APN: 0136-461-09
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06107/2010
Negotiating Parties:
Under Negotiation:
2. Property Address:
Negotiating Parties:
Under Negotiation:
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Larry Walker,
Treasurer-Tax Collector, Property Owner/
Seller
Purchase price, terms and conditions.
SW corner of Sierra Way & Highland
A venue
APN: 0146-014-34
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as Buyer and Larry Walker,
Treasurer-Tax Collector, Property Owner/
Seller
Purchase price, terms and conditions.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Michael Desrochers, et al. v. City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVSS 708367;
Steve Lowes v. Michael Billdt, et al. - United States District Court,
Central District of California, Case No. EDCV 09-2215 V AP.
Under Agenda Item No. 1B, significant exposure to litigation:
Glen and Joanne Gipson v. City of San Bernardino;
Claim of Brian Boom;
One case pursuant to Government Code Section 54956.9B3 A-F.
Closed Session Announcement
City Clerk Clark announced that under Government Code Section 54957.1 (a) (2) a
motion was made by Council Member McCammack, seconded by Council Member
Shorett, to authorize the filing of a cross-complaint against LAFCO. The motion
carried with Kelley abstaining.
Also discussed in closed session under Government Code Section 54957.1 (a) (5) was the
position of Mayor's Assistant III.
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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.
Moment of Silence
Mayor/Chairman Morris requested a moment of silence in memory of Winston "Win"
Carl, Judith E. Rubio, and John "Jack" Butler.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Bronica Martindale of the Master's Plan Church
of the Nazarene. The pledge of allegiance was led by Xavier Talley, a fourth grade
student at Neal Roberts Elementary School.
2. Appointment - Douglas T. Frame - Bureau of Franchises - Council Member
McCammack
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the appointment of Douglas T.
Frame to the Bureau of Franchises, as requested by Council Member
McCammack, be approved. The motion carried unanimously.
3. Presentations
Mayor Morris presented Ambassador of Goodwill Certificates to Carrie
Fernandes of Cajon High School, Virginia Nguyen of Cajon High School, Kyle
Strickland of the Public Safety Academy, and James Vasquez of San Gorgonio
High School for being selected this year's San Bernardino Tachikawa Sister Cities
Student Ambassadors. James Vasquez presented the Mayor with a copy of a
memory book commemorating the 50th Anniversary of the Tachikawa San
Bernardino Sister City Program. Mayor Morris provided a copy of a memory
book published by the Sun Newspaper documenting 200 years of the City's
history to the students and requested that it be presented to Mayor Shimuzu.
Mayor Morris acknowledged Judy Maculsay, of the Tachikawa Sister City
Program, and her team and thanked her for her leadership in keeping this
program alive and well.
Mayor Morris presented certificates of recognition to Samantha Doner, Steven
Shaddox, Joe Uribe, Juan Rodriguez, and Albert Ramirez of Pacific High school
for winning their second straight championship of the Inland Empire Solar
Challenge.
Mayor Morris presented a certificate of recognition to Firefighter Andrew Weiss,
who performed life-saving maneuvers on his two year old neighbor.
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06/07/2010
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, introduced
committee member Jane Sneddon who spoke about the success of the Bicentennial
Parade held on May 22. Committee Member Cheryl Brown and volunteer
Charmaine Murphy announced that the next Bicentennial event, San Bernardino's
Got Talent, would be held at the Sturgess Center on June 19, 2010, at 6 p.m. and
they provided information on how to purchase tickets.
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 Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
unanimously.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: May 25,
2010. The motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated May 17, 2010, from Barbara
Pachon, Director of Finance, be approved. The motion carried unanimously.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated June 3, 2010, 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, except for Item No. 10, Robert Arispe, and
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Item No. 14, Sergio Romero, which he requested be continued to the Council!
Commission meeting of June 21, 2010. The motion carried unanimously.
9A. RES. 2010-127 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Brunick, McElhaney & Beckett and the City of San
Bernardino for legal services on behalf of firefighters in an Inland Counties
Emergency Medical Agency Investigation.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-127 was adopted unanimously.
9B. RES. 2010-128 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Nichole J. Mounsey and the City of San Bernardino for
temporary attorney services in the City Attorney's Office.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-128 was adopted unanimously.
10. Resolution of the City of San Bernardino authorizing execution of a
cooperative agreement with the City of Colton for maintenance of a grade
separation on Hunts Lane at the Union Pacific Railroad (UPRR) south of
Redlands Boulevard (SS04-51).
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Brinker stated that he would be abstaining on this
item because the subject grade separation is near his house.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of June 21, 2010. The motion carried with Brinker
abstaining.
11. RES. 2010-129 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Real Property Exchange Agreement with the
San Bernardino County Flood Control District and the execution of a grant
deed for the exchange of City owned parcels of real property generally
located northerly of Campus Parkway, between Kendall Drive and
Northpark Boulevard in the City of San Bernardino.
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06/07/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-129 was adopted unanimously.
12. RES. 2010-130 - Resolution of the City of San Bernardino approving
Amendment No. 2 to a Municipal Staffing Agreement with MuniTemps to
provide, on a temporary basis, an engineering liaison to supervise the
construction and administration of the federal funding mechanism for the
Metrolink parking structure at the Santa Fe Depot.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-130 was adopted unanimously.
13. RES. 2010-131 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Mega Way Enterprises for
construction of soccer fields at Speicher Park, Per Project Plan No. 12715.
Council Member/Commissioner Johnson 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 2009/10 CIP budget by
transferring $148,600 in Parks CIP project savings to the Speicher Park Soccer
Fields CIP project (PR05-03) as specified in the staff report from Valerie Ross,
Director of Development Services, dated May 13, 2010. The motion carried
and Resolution No. 2010-131 was adopted unanimously.
14. Resolution of the City of San Bernardino approving Amendment No.1 to the
Six-Year Capital Improvement Program (2009-2015) for Measure "I" Local
Expenditures.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council!
Commission meeting of June 21, 2010. The motion carried unanimously.
15. Resolution of the City of San Bernardino authorizing the execution of an
agreement with PMR Progressive LLC to provide collection services of
delinquent accounts for the City of San Bernardino.
Note: No resolution was distributed with the backup materials.
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06/07/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council!
Commission meeting of June 21,2010. The motion carried unanimously.
16A. RES. 2010-132 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance to increase Purchase
Order Number 303349 by $62,600 to Air Cleaning Systems in order to
complete the construction of the vehicle exhaust removal system.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-132 was adopted unanimously.
16B. RES. 2010-133 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the amendment to the purchase agreement
with DHS Systems LLC in the amount of $63,384.83 for a DRASH MX5
rapid deployment shelter and environmental control unit.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-133 was adopted unanimously.
16C. RES. 2010-134 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the amendment to the purchase agreement
with Motorola in the amount of $40,118.85 for communication equipment.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-134 was adopted unanimously.
17. RES. 2010-138 - Resolution of the Mayor and Common Council of the City
of San Bernardino recognizing the San Bernardino City Fire Management
Association as the majority representative for the Fire Management Unit.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2010-138 was adopted with Kelley and McCammack voting "no."
18. Resolution of the City of San Bernardino authorizing the execution of an
agreement with Mercer Health and Benefits LLC to provide broker and
administration services for the City's employee healthcare program.
Note: No resolution was distributed with the backup materials.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of June 21,2010. The motion carried unanimously.
19. RES. 2010-135 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and the
issuance of a purchase order to Accela, Inc., for maintenance of the
Permits+ System.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-135 was adopted unanimously.
20. RES. 2010-136 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute service
agreements with the San Bernardino County Probation Department, the
Young Visionaries Youth Leadership Academy, and the Foundation for
California State University San Bernardino, for the California Gang
Reduction, Intervention and Prevention (CALGRIP) grant.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-136 was adopted unanimously.
21. RES. 2010-137 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Memorandum of
Understanding (MOD) for the San Bernardino Police Department to
participate as a member of the California Department of Justice, Bureau of
Narcotic Enforcement, Inland Crackdown Allied (INCA) Task Force.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2010-137 was adopted unanimously.
22. Item deleted
23. Item deleted
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24. Receive and File the detail FY 2008/09 Year End Report for the Development
Impact Fee Funds
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the detail FY 2008/09 Year End Report for
the Development Impact Fee Funds be received and filed. The motion carried
unanimously.
25. Public Hearing - An ordinance prohibiting medical marijuana dispensaries
An ordinance of the City of San Bernardino adding San Bernardino
Municipal Code Section 19.06.026 (Development Code) prohibiting the
establishment and operation of medical marijuana dispensaries and other
similar uses. FIRST READING
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Brinker asked if mobile dispensaries were
included in the ordinance.
Terri Rahhal, Deputy Director/City Planner, Community Development, stated
that the ordinance is an amendment to the Development Code which would
prohibit a dispensary anywhere in the City that prohibits issuance of a business
registration for any business. She added that there are other restrictions already
on mobile businesses in the City, so it would be prohibited even it were a mobile
dispensary.
Council Member/Commissioner Desjardins asked Ms. Rahhal if this ordinance
would prohibit persons who operate a licensed business in another City to deliver
to patients within the City of San Bernardino.
Ms. Rahhal clarified that this ordinance prohibits establishment of a new business
within the City of San Bernardino.
Council Member/Commissioner Desjardins stated that he did not want to preclude
anyone who uses the medical marijuana from receiving it if they are an invalid
and they need delivery at their home.
Ms. Rahhal stated that it doesn't preclude legal use of prescribed marijuana-it
prohibits establishment of a dispensary within the City.
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Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that said
ordinance be laid over for final adoption. The motion carried with Desjardins
voting "no."
26. 2010-2011 Budget Revenue Strategies (Continued from May 17, 2010)
City Manager McNeely requested that the Council review the list of budget
balancing revenue strategies and provide some direction as to which of these
items they would like staff to move forward on in terms of further analysis and
then those items would be brought back to the Council for discussion and
determination of any action that they might want to proceed with. He stated that
staff has reviewed and determined that the first five items on the list may have the
largest financial impact: Establishment of a Citywide Assessment District; Real
Property Transfer Tax; Charge Refuse and Sewer 15 % of revenue collected for
the General Fund and consider an increase to the Water amount; Sell the
Convention Center to EDA; and Increase Business Fire Inspection Fee.
Discussion ensued regarding the proposed budget balancing revenue strategies
listed on the "Summary of Budget Balancing Revenue Strategies."
Public Comments:
Ryan Smith, Inland Valley Association of Realtors;
Joe Arnett, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the City Manager be directed to focus his
resources on the top five items listed on the "Summary of Budget Balancing
Revenue Strategies." The motion carried unanimously.
27. ORD. MC-1324 - Ordinance of the City of San Bernardino amending City of
San Bernardino Municipal Code to delete Title 2, Chapters 2.77 (Facilities
Management Department) and 2.80 (Animal Control Department). FINAL
READING (Continued from May 17,2010)
Council Member/Commissioner Desjardins made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No.
MC-1324 was adopted unanimously.
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28. Naming of parks in the 5th Ward
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Desjardins, that the following parks be named in the Fifth
Ward: Dirk Kempthorne, Jack Hill, Evlyn Wilcox, Allen Gresham, Lyman/Rich
(Amasa M. Lyman/Charles C. Rich). The vote was taken following discussion of
the matter.
It was the consensus of the Council that there should be a process for naming
parks and that the community should be given an opportunity to participate.
Public Comments:
Jim Smith, San Bernardino, CA;
Roger Henderson.
The motion made by Council Member/Commissioner Kelley, seconded by
Council Member/Commissioner Desjardins, failed with Marquez, Brinker,
Shorett and Johnson voting "no."
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior
Assistant City Attorney Wilson; Economic Development Agency Interim
Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark.
None.
Absent:
R29. Elimination of Debt Limits for three (3) Redevelopment Agency of the City of
San Bernardino Project Areas (Meadowbrook/Central City, Central City
East and Central City South Redevelopment Project Areas) (Continued from
May 17,2010)
MEADOWBROOK/CENTRAL CITY
ORD. MC-1325 - Ordinance of the City of San Bernardino eliminating the
debt incurrence deadline for the Redevelopment Plan for the
Meadowbrook/Central City Redevelopment Project Area. FINAL READING
(R29A)
CENTRAL CITY EAST
ORD. MC-1326 - Ordinance of the Mayor and Common Council of the City
of San Bernardino eliminating the debt incurrence deadline for the
Redevelopment Plan for the Central City East Redevelopment Project Area.
FINAL READING (R29C)
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CENTRAL CITY SOUTH
ORD. MC-1327 - Ordinance of the City of San Bernardino eliminating the
debt incurrence deadline for the Redevelopment Plan for the Central City
South Redevelopment Project Area. FINAL READING (R29E)
Council Member/Commissioner Desjardins stated that he would be abstaining on
this item because he owns property in the subject area. He left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said ordinances A, C, and E be adopted.
Ordinance Nos. MC-1325, MC-1326 and MC-1327 were adopted with
Desjardins abstaining and McCammack voting "no."
R30. Professional Services Agreements: Rosenow Spevacek Group, Inc. (Area B
West Project Areas Merger and Plan Amendments) and RBF Consulting
(Program EIR - Area B West Project Areas Merger and Plan Amendments)
(Continued from May 17, 2010)
RES. CDC/2010-29 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Professional Services Agreement by and
between the Agency and Rosenow Spevacek Group, Inc., to provide
consultant services in connection with merging and amending certain
redevelopment project areas for the proposed Area B West Project Areas
Merger and Plan Amendments (State College, Central City West, Northwest,
Uptown, Mt. Vernon, and 40th Street Redevelopment Project Areas).
(R30A)
RES. CDC/2010-30 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Professional Services Agreement by and
between the Agency and RBF Consulting, to provide consultant services in
connection with the preparation of a Program Environmental Impact Report
for the proposed Area B West Project Areas Merger and Plan Amendments
(State College, Central City West, Northwest, Uptown, Mt. Vernon, and 40th
Street Redevelopment Project Areas). (R30B)
Council Member/Commissioner McCammack stated that she would have to
abstain on items R30A and R30B as she owns property in the Uptown
Redevelopment Project Area. She left the Council Chambers and returned after
the vote was taken.
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06/07/2010
Council Member/Commissioner Desjardins stated that he would have to abstain
on this item because his business is located in the Mt. Vernon Redevelopment
Project Area. He left the Council Chambers and returned after the vote was
taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolutions A and B, be adopted.
Resolution Nos. CDC/2010-29 and CDC/2010-30 were adopted with
Desjardins and McCammack abstaining.
R31. Single-Family Homeownership and Neighborhood Revitalization Quarterly
Update of Program Activities
Council Member/Commissioner McCammack declared a conflict. She left the
Council Chambers and returned after the vote was taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the Community Development Commission
of the City of San Bernardino receive and file the Quarterly Update of Single-
Family Homeownership and Neighborhood Revitalization program activities
through March 31, 2010; and that the Community Development Commission of
the City of San Bernardino receive and file the Quarterly Update of the
Neighborhood Housing Services of the Inland Empire program activities through
December 31, 2009. The motion carried with McCammack abstaining.
R32. Weka, Inc. - Public Works Construction Contract for the relocation and
construction of the sanitary sewer line for the State Courthouse Project
(Central City East Redevelopment Project Area)
RES. CDC/2010-31 - Resolution of the Community Development Commission
of the City of San Bernardino awarding a Public Works Construction
Contract ("Construction Contract"), approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute the construction contract by and between
the Agency and Weka, Inc. and authorizing the funding of said construction
contract amount (Central City East Redevelopment Project Area).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/201O-31 was adopted unanimously.
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PLANNING ITEMS
33. Appeal Hearing - An appeal of the Planning Commission's approval of
Conditional Use Permit No. 07-15, a request to expand an existing 129,794
square foot retail commercial building by 41,644 square feet to a total of
171,438 square feet on approximately 15.13 acres located on the north side of
Highland Avenue at the intersection with Boulder Avenue, at 4210 East
Highland Avenue in the CG-l, Commercial General land use district (Appeal
No. 09-03) (Continued from May 3, 2010)
No action needed. The appeal was withdrawn.
34. Public Hearing - ordering the vacation of a portion of 25th Street between
"G" Street and "F" Street, and a portion of Berkeley Avenue between 25th
Street and 26th Street
RES. 2010-139 - Resolution of the City of San Bernardino ordering the
vacation of a portion of 25th Street between "G" Street and "F" Street, and a
portion of Berkeley Avenue between 25th Street and 26th Street and reserving
utility easements therein.
City Attorney Penman declared a conflict as his wife is a member of the School
Board.
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because the San Bernardino City Unified School District is a business
client. She left the Council Chambers and returned after the vote was taken.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed and the Findings of
Fact, as set forth in the staff report from Valerie Ross, Director of Development
Services, dated May 12, 2010, as to why the portion of 25th Street between "G"
Street and "F" Street, and a portion of Berkeley A venue between 25th Street and
26th Street are no longer necessary for public street purposes be adopted; and that
said resolution be adopted. The motion carried and Resolution No. 2010-139
was adopted with McCammack abstaining.
35. Report on 2010 City Attorney's Spring Conference, League of California
Cities - FPPC Update
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06/07/2010
City Attorney Penman provided highlights of his report regarding gifts, tickets,
and new regulations.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said report be received and filed.
The motion carried unanimously.
36. Administrative Civil Penalties Program - PowerPoint presentation by City
Attorney
City Attorney Penman provided a detailed report on the Administrative Civil
Penalties (ACP) process.
Council Member/Commissioner Brinker asked if the City needed to draft a policy
that more clearly defines when they should use ACPs, particularly in Code
situations. He asked if this was something that should be referred to the
Legislative Review Committee.
City Manager McNeely stated that his goal is to develop better policies and
guidelines so there is consistency in application. He stated that his office will be
working with the City Attorney's office to bring that forward to the appropriate
body for review and then it will be brought forward to the Council.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said report be received and filed. The
motion carried unanimously.
37. Public Comments
Tony Trozera, business owner, spoke regarding the lack of signage along the
210 Freeway for the City of Bernardino.
Karen Serrano, Office of Congressman Joe Baca, San Bernardino, CA, stated
that the City of San Bernardino is eligible to receive approximately $215,264
from the American Recovery and Reinvestment Act to improve public safety
through the Edward Burn Memorial Justice Assistance Grant, also known as the
JAG Program. San Bernardino County is the lead agency and is filing a joint
application on behalf of participating cities. She stated that Congressman Baca
has sent letters of support to Mayor Morris, City Manager McNeely and Chief
Kilmer encouraging the City of San Bernardino to take part in this important
program.
Edward Jeffries, retired Air Force Master Sergeant and member of the 63/445
Norton Veterans Group, discussed their plan to have the first 40 feet of a rare C-
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06/07/2010
141 cargo plane transported from Tucson's Davis-Monthan Air Force Base to the
former Norton Air Force Base as a memorial honoring those who served onboard
the aircraft and those who served at the base, both military and civilian.
Robert Cravens, member of the General Unit, stated that he has given up 15.3
percent of his salary to stay here and work for the City. He stated that he wanted
to make sure the Council knew that employees are willing to support whatever
decisions are made-as hard as they may be.
Robert Rego, San Bernardino, CA, announced that a portion of the Berlin Wall
has been purchased and will be transported to Ronald Reagan Park in the City of
San Bernardino. It is 12 feet high, 4 feet wide, approximately 1 foot thick, and it
weighs 2.3 metric tons. He stated that this is only the third piece of the wall on
the west coast in the United States.
38. Adjournment
At 7:30 p.m., the meeting adjourned to 5 p.m., on Tuesday, June 8, 2010 in the
Economic Development Agency Boardroom, for a Council Retreat Follow-up
meeting. The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1 :30 p.m.,
Monday, June 21,2010.
RACHEL G. CLARK
City Clerk
BY~~~/
Linda Sutherland
Deputy City Clerk
17
06/07/2010