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HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MA YOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 6,2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission and the Joint Powers Financing Authority of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1 :35 p.m., Monday, December 6, 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, Shorett, Kelley, Johnson, McCammack; City Attorney Penman, City Manager McNeely; City Clerk Clark. Absent: Council Member/Commissioner Brinker. Council Member/Commissioner Brinker arrived at 3:10 p.m. 1. Closed Session Pursuant to Government Code Section(s): 12/06/2010 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Patrick LeBlanc v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 916657; San Bernardino Professional FirefiRhters; Brian Crowell and Byron Kuhn v. City of San Bernardino, San Bernardino City Civil Service Board; San Bernardino Fire Department; Fire Chief Michael Conrad - San Bernardino Superior Court, Case No. CIVDS 1 OJ 2967. 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) James Kemp v. City of San Bernardino and County 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 D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Fire Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 295 Carousel Mall, San Bernardino 2 12/0612010 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Donald Chae and Min Chae, Managers of PLACO San Bernardino, LLC (Carousel Mall). Under Negotiation: Purchase price, terms and conditions. City Attorney Penman announced that the following additional cases would be discussed in closed session: Landmark American Insurance Co., an Oklahoma corporation v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVDS 1015159; Alicia R. Garcia and Joseph D. Rodriquez v. City of San Bernardino and Doe Officers - United States District Court, Case No. CV 09-04306; People v. Margaret Sherman, et al. - San Bernardino County Superior Court, Case No. CIVDS 917881. Under Agenda Item No. 1B, Anticipated Litigation - Significant Exposure to Litigation: People v. 0 & A Development, LLC; and one case. Closed Session Announcement City Clerk Clark announced that in closed session, under Agenda Item No. 1G, Conference with real property negotiator - pursuant to Government Code Section 54956.8, the Mayor and Common Council heard discussion concerning the Arco am/pm gas station at 5th and Mt. Vernon. 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, Community Development Commission and the Joint Powers Financing Authority. Musical Presentation The Our Lady of Assumption School Choir performed several holiday songs. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of retired Police Department employees William Corns and Pat Gantes; former Mayor W. R. "Bob" 3 12/06/2010 Holcomb; and Eudora "Dodie" Otterbein, Records Management Specialist in the City Clerk's Office. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo. The pledge of allegiance was led by Imani Davis, a fifth grade student from Burbank Elementary School. 2. Appointments . Don Beard - Historical Preservation Commission - Mayor Morris . Ken Sousa - Police Commission - Council Member Kelley Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the appointment of Don Beard to the Historical Preservation Commission and Ken Sousa to the Police Commission, as requested by Mayor Morris and Council Member Kelley, be approved. The motion carried unanimously. 3. Presentations Council Member/Commissioner Kelley presented Citizen of the Month awards to Jack and Carolyn Dales for their contributions to the community, and especially for maintaining the rose garden at Littlefield Shultis Park. Council Member/Commissioner Kelley made a presentation to Dr. Al Karnig, President of California State University at San Bernardino, recognizing Dr. Karnig and the University on the occasion of its 45th anniversary. Council Member/Commissioner Desjardins recognized San Bernardino High School's Miss Cardinal 2010-2011 second runner up Aracely Gonzalez and Miss Cardinal Stephanie Centeno. Food 4 Less District Manager Jack Breeding, and store manager Alice Trevino presented a check for $10,000 to Police Chief Kilmer to fund the San Bernardino Police Department's 2010 Gun Buyback Program. Lt. Keith Prostler announced that the "Groceries for Guns" event would be held on Saturday, December 18, 2010, from 9 a.m. to 3 p.m. at the Arrowhead Credit Union Stadium, 280 S. "E" Street. Garry Cohoe, Director of Freeway Construction for SANBAG, made a PowerPoint presentation to the Mayor and Council and the community relative to the 1-215 High Occupancy Vehicle (HOV) Gap Closure Project. 4 12/06/2010 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 McCammack 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, Community Development Commission, and the Joint Powers Financing Authority, be waived. The motion carried unanimously. 6. Item deleted. 7. Claims & Payroll Council Member/Commissioner McCammack 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 November 18, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated December 2, 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. The motion carried unanimously. 9. RES. 201O-379A - Resolution of the Mayor and Common Council of the City of San Bernardino approving the retention of Boornazian, Jensen & Garthe to represent the City in the case entitled Landmark American Insurance Company v. City of San Bernardino, San Bernardino Superior Court Case No. CIVDS 1015159. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-379A was adopted unanimously. 5 12/06/2010 10. RES. 2010-380 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election held on the 2nd day of November 2010, declaring the results thereof and setting forth such other matters as are allowed by law. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-380 was adopted unanimously. 11. RES. 2010-381 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the formation of an advisory task force to assist in the preparation of a Sustainability Master Plan for the City of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-381 was adopted unanimously. 12. ORn. MC-1342 - An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.10-E to establish the Emergency Shelter Overlay District and designate applicable areas. FINAL READING (Continued from November 15, 2010) Public Comments: Andy Balogh, Riverside, CA, stated that the property owners in this neighborhood never received any kind of notice about a public hearing regarding this matter and the majority of them were not in favor of having a homeless shelter in the area, which is at the extreme west border of San Bernardino and Rialto. City Attorney Penman advised that notice was published in the local newspaper. He stated that it would have been virtually impossible to notify every single resident and business within the entire area that is going to be impacted by this decision. Council Member/Commissioner Brinker stated that very few people actually see those notices in the newspaper and he felt the City should have gone one step further because people have a right to know what's going to happen in their neighborhood. He stated that people need to be made aware that this is being mandated by the State. 6 12/06/2010 Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be adopted. The motion failed by the following vote: Ayes: Marquez, Desjardins, Johnson. Nays: Brinker, Shorett, Kelley, McCammack. Council Member/Commissioner McCammack made a substitute motion to continue the item to discuss the feasibility of public notification. She also questioned whether the Council could extend the emergency ordinance in order to provide the proper public notification to property owners. City Attorney Penman stated that it was his understanding that the ordinance had already been extended the maximum length of time and that it is currently expired. Council Member/Commissioner McCammack withdrew her motion to continue the matter along with her idea to add additional time to the emergency ordinance. City Attorney Penman advised that the City is presently involved in litigation because it is not in compliance with SB 2. He stated that the court is being asked to issue a mandate and/or preliminary and permanent injunctive relief prohibiting the City from issuing building permits or approving any construction or development except housing units affordable to very low and low income households and from granting zoning changes, variances, or subdivision map proposals as defined in the California Government Code and the Safety Code until a valid General Plan Housing Element is approved, which it cannot do without a designated district for these emergency shelters. Council Member/Commissioner Kelley subsequently changed his vote to "yes," and the original motion made by Council Member/Commissioner Desjardins, seconded by Council Member/Commissioner Marquez carried with Brinker, Shorett and McCammack voting "no." 13. RES. 2010-382 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the Consultant Services Agreement between Atkinson, Andelson, Loya, Ruud and Romo and the City of San Bernardino for labor negotiator services in the Human Resources Department. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-382 was adopted unanimously. 7 12/06/2010 14. ORD. MC-1341 - Ordinance of the City of San Bernardino amending Section 10.52.050 of Chapter 10.52 of the San Bernardino Municipal Code to establish a fifty mile per hour speed limit on Alabama Street between Third Street and the southern city limits approximately 1fz mile south of 3rd Street. FINAL READING (Continued from November 15, 2010) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1341 was adopted unanimously. 15. RES. 2010-383 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase annual Purchase Order Number 211538 by $29,334.55 for a total purchase order amount of $41,000 to Securitas Security Services USA, Inc. for security guard services at the Feldheym Library. Council Member/Commissioner Marquez stated that she would like to ensure that whoever is hired by this security firm works in partnership with the Police Department. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. 2010-383 was adopted unanimously. 16. An Ordinance of the City of San Bernardino adding Chapter 16.18 to the San Bernardino Municipal Code regarding Unauthorized Signs on Public Property and repealing Section 8.15.130. FIRST READING City Attorney Penman advised that the City's political sign act is out of compliance with the law and recommended that it be referred to the Legislative Review Committee for further discussion. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried with McCammack voting "no." 17. RES. 2010-384 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of two project applications for FY 2010/11 Highway Safety Improvement Program (HSIP) Funding, Cycle 4. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2010-384 was adopted unanimously. 8 12/06/2010 18. Public Hearing - To consider the allocated Citizens' Option for Public Safety (COPS) Supplemental Law Enforcement Services Fund monies for FY 2010- 2011 to supplement front-line law enforcement support services RES. 2010-385 - Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated Citizens Option for Public Safety (COPS Option) monies for FY 2010-2011 to supplement front-line law enforcement support services. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2010-385 was adopted unanimously. 19. Authorization to proceed - Sale of a portion of City Water Department property generally located northeasterly of Myers Road and west of Martin Ranch Road, and Resolution declaring property surplus, establishing fair market value and setting a public hearing (Continued from November 15, 2010) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of January 24, 2011. The motion carried unanimously. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement for Professional Transportation Modeling Services with Srinivasa S. Bhat. (Continued from November 15,2010) Note: No resolution was distributed with the backup materials. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of January 10, 2011. The motion carried unanimously. 9 12/06/2010 21. Report from Measure Z Citizen's Oversight Committee on Uses of Measure Z Funds - July 1, 2008 through June 30, 2009 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the report from the Measure Z Citizen's Oversight Committee on Uses of Measure Z Funds - July 1, 2008 through June 30, 2009, be received and filed. The motion carried with Johnson abstaining and Shorett absent. 22. Workshops for City Council A. "Understanding our City's Charter" B. "Understanding the Brown Act" Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Sr. Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. None. Absent: R23. Joint Public Hearing - Merged Area A - 2010 Merged, Amended and Restated Redevelopment Plan and Program EIR (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas). (EIR available at http://www.sbrda.or/?/edPro;ectMer/?er.html) (Continued from November 1, 2010) Resolution of the Community Development Commission of the City of San Bernardino certifying the final Program Environmental Impact Report for the Merged, Amended and Restated Redevelopment Plan for the San Bernardino merged Redevelopment Project Area A for the proposed merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas; making findings pursuant to the California Environmental Quality Act, adopting a Mitigation Monitoring and Reporting Program; and adopting a Statement of Overriding Considerations. The hearing remains open. 10 12/06/2010 Staff requested a two-week continuance. No public comments were received. Council Member/Commissioner Desjardins recused himself as he has a business interest in the Central City North 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 Marquez, that the matter be continued to the Council! Commission meeting of December 20, 2010. The motion carried with Kelley voting "no," and Desjardins abstaining. R24. Single-Family Residence Revitalization Program First Quarter Report (July 1, 2010 through September 30, 2010) Council Member/Commissioner McCammack declared a conflict as Neighborhood Housing Services is a business client. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the Community Development Commission of the City of San Bernardino receive and file the Quarterly and Annual Update Report of the Single-Family Residence Revitalization Program activities (July 1, 2010 through September 30, 2010) for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack abstaining and Desjardins absent. R25. Approval of Resolution of Issuance of the 2010 Joint Powers Financing Authority Taxable Recovery Zone Economic Development Bonds (4th Street Corridor Project) and Tax Allocation Bonds (Northwest Redevelopment Project Area) and the loan of the proceeds thereof to the Redevelopment Agency of the City of San Bernardino (Central City, Central City North, and Northwest Redevelopment Project Areas) RES. 2010-386 - Resolution of the Mayor and Common Council of the City of San Bernardino making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 and authorizing the issuance by the San Bernardino Joint Powers Financing Authority of not to exceed $7,068,000 Recovery Zone Economic Development Bonds and $6,000,000 Tax Allocation Bonds and the borrowing by the Redevelopment Agency of the City of San Bernardino of the proceeds thereof in connection with the 4th Street Corridor Project and Northwest Redevelopment Project Area Infrastructure Projects, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R25A) 11 12/0612010 RES. CDC/201O-63 - Resolution of the Community Development Commission of the City of San Bernardino making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 and authorizing on behalf of the Redevelopment Agency of the City of San Bernardino, the borrowing of funds from the San Bernardino Joint Powers Financing Authority in connection with the issuance of the not to exceed $7,068,000 Recovery Zone Economic Development Bonds and $6,000,000 Tax Allocation Bonds for the 4th Street Corridor Project and for the Northwest Redevelopment Project Area Infrastructure Projects, authorizing the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R25B) RES. J-56 - Resolution of the San Bernardino Joint Powers Financing Authority authorizing the issuance of taxable Recovery Zone Economic Development Bonds in the amount not to exceed $7,068,000 and Tax Allocation Bonds in the amount not to exceed $6,000,000 for the 4th Street Corridor Project and the Northwest Redevelopment Project Area Infrastructure Projects, approving the form of certain legal documents related thereto and authorizing and directing their preparation, execution and delivery. (R25C) Economic Development Agency Special Counsel Sabo stated that staff had prepared and distributed to the Mayor and Council a document entitled, "Economic Development Agency, Supplemental Staff Report, Substantiation for Use of Northwest Redevelopment Project Area Tax Increment" that specifically addressed how the core downtown benefits all the other project areas. Council Member/Commissioner Desjardins recused himself due to his nearby business interest in the Central City North Redevelopment Project Area. He left the Council Chambers and returned after the vote was taken. Public Comments: Kimiko Ford, San Bernardino, CA; Curtis Stout, San Bernardino, CA; Dolores Armstead, San Bernardino, CA. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A-C, be adopted. Mayor and Common Council Resolution No. 2010-386, Community Development Commission Resolution No. CDC/2010-63, and Joint Powers Financing Authority Resolution No. J-56 were adopted with Kelley voting "no" and Desjardins and McCammack abstaining. 12 12/06/2010 R26. Lugo Senior Apartments, LLC (Meta Housing Corporation) - Acquisition and Development Loan Agreement for the redevelopment of 119 units of senior housing RES. CDC/2010-64 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Acquisition and Development Residual Receipts Loan Agreement by and between the Agency and Lugo Senior Apartments, LLC (IVDA Redevelopment Project Area - Affordable Senior Citizen Rental Housing Development). Council Member/Commissioner McCammack requested that the reference to the project at 200 E. 30th Street that was submitted by Alliance Property Group be deleted from the staff report. Special Counsel Sabo suggested the following language be added to Page 2 of the staff report: "The project ranking 2nd as submitted by Alliance Property Group was recommended; however, based upon prior Council action, it will not proceed to funding by the Agency. " Public Comments: Shirley Harlan, San Bernardino, CA; Bob D' Amato, San Bernardino, CA; Jim Smith, San Bernardino, CA. Council Member/Commissioner Johnson requested that local subcontractors do the work and stated that he would like to see the process include getting input from the Senior Commission prior to bringing any senior projects to the Council. Discussion ensued regarding the blight and the high number of calls for service at the current apartment complex. Council Member/Commissioner Johnson stated that he would like to see a report showing where the tenants are relocated so he can see how many people actually stay in the City and how many move out of the City. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/201O-64 was adopted with Kelley and McCammack voting "no." 13 12/06/2010 R27. Agency Covenant Monitoring Quarterly Status Report for the period ending September 30, 2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the Community Development Commission of the City of San Bernardino receive and file the Redevelopment Agency of the City of San Bernardino's Covenant Monitoring Quarterly Status Report for the period ending September 30, 2010. The motion carried unanimously. 28. Public Comments Shirley Harlan, San Bernardino, CA, spoke in support of Regal Entertainment and the possibility of a new movie theater in San Bernardino and urged the residents of the City to attend the next Council meeting and show their support. Hans Vandertouw, San Bernardino, CA, compared 2010 violent crime and welfare statistics for the City of San Bernardino with 1995 statistics; compared 2010 drug manufacturing, rape, and prostitution statistics with those from 2008/09; and urged the Council to focus more on bringing new business to the City rather than applying for low income housing grants. Amelia Lopez, San Bernardino, CA, stated that she was encouraged by the fact that the Council may consider policy change or an ordinance to do something about the rave events that are being held in the City. Rose Loya, stated that St. Stephens Church in Muscoy would be having a small party for the poor on December 22, 2010, from 11 a.m. to 4 p.m., and that any donations would be appreciated. 29. Adjournment At 7:26 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, December 20, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~~ ~ Linda Sutherland Deputy City Clerk 14 12/06/2010 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wentt' McCammack MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 20, 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 1:40 p.m., Monday, December 20, 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, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Member/Commissioner Desjardins. Council Member/Commissioner Desjardins arrived at 1:50 p.m. Council Member/Commissioner Brinker left the meeting at 6:05 p.m. Council Member/Commissioner Desjardins left the meeting at 6:08 p.m. 1. Closed Session A. Conference with legal counsel - eXIstmg litigation - pursuant to Government Code Section 54956.9(a): Judith Little, et al. v. City of San Bernardino, et at. - United States District Court, Case No. 09-06068 SVW; 12/20/2010 Lee Wayne Jones, Sr. et al. v. City of San Bernardino, et al. - United States District Court, Case No. EDCV 08-00187 YAP (Opx); Paul Triplett v. City of San Bernardino, et al. - United States District Court, Case No.2; CV 08-07257 JHN (AJWx); Zskyia Watson, et al. v. City of San Bernardino, et al. - United States District Court, Case No. EDCV 09-1846 YAP (DTBx). 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) Claim of AT&T Mobile 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 D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Fire Safety G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman stated that the following items would be discussed in closed session under Agenda Item No. 1B, significant exposure to litigation: YMCA Lease People v. Carrington 2 12/20/2010 People v. First American Title And under Agenda Item No. IG, Conference with real property negotiator: Central City North Redevelopment Project Area Property Address: 295 Carousel Mall, San Bernardino Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Donald Chae and Min Chae, Managers of PLACO San Bernardino, LLC (Carousel Mall). Under Negotiation: Purchase pnce, conditions. terms and Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed III memory of Claude S. Diggs and Anthony Blacksher. Invocation/Pledge of Allegiance The invocation was given by Pastor Jay Egenes of Highland A venue Lutheran Church. The pledge of allegiance was led by Sarena Mendoza, a sixth grade student from Cole Elementary School. 2. Appointments There were no Commission appointments. 3 . Proclamations & Presentations The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: 3 12/20/2010 Name Department Years of Service Shauna Britton Erick Martin John Vasek Keith Prostler City Attorney Police Police Police 5 5 20 30 First Ward Council Member Virginia Marquez presented Danny Flores with a Proclamation of Commendation for the many contributions he has made to the community. The City's State lobbyist, Tim Lynch of Platinum Advisors, provided an update on pending legislation. 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. Council Member Shorett proposed that the Council Chambers be named after former Mayor W.R. "Bob" Holcomb, and submitted a petition for gathering signatures. Council Member Kelley suggested 1) utilizing the mobile command post to bring a police presence to problem areas experiencing a spike in crime; 2) development of an economic strategy for our community; and 3) taking a closer look at the Administrative Citation process. 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: October 18, 2010; November 1, 2010; November 15, 2010. The motion carried unanimously. 4 12/20/2010 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 December 6, 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 December 16, 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. The motion carried unanimously. 9. Approve Local Appointments List per Maddy Act Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council approve the Local Appointments List of all regular and ongoing boards, commissions, and committees and direct the City Clerk to send a copy of the List to the Feldheym Library for posting pursuant to Government Code Section 54973. The motion carried unanimously. 10. RES. 2010-387 - Resolution by the City of San Bernardino in support of "Business Friendly Principles" as part of SCAG's development of a Southern California Economic Growth Strategy. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-387 was adopted unanimously. 11. ORD. MC-1343 - An Ordinance of the City of San Bernardino adding Chapter 16.18 to the San Bernardino Municipal Code regarding Unauthorized Signs on Public Property and repealing Section 8.15.130 FINAL READING (Continued from December 6, 2010) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1343 was adopted unanimously. 5 12/20/2010 12. Establishment of salaries for Fire Department Ranges P-5, P-6 & P-7, effective August 1, 2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the salaries for Fire Department Ranges P- 5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be established, effective August 1, 2010; that the Human Resources Department be authorized to amend Resolution No. 6429 to reflect the above action; and that the Finance Director be authorized to amend the FY 2010/11 budget. The motion carried unanimously. 13. RES. 2010-389 - Resolution of the Mayor and Common Council of the City of San Bernardino rescinding Resolution No. 2010-284 and approving a Memorandum of Understanding between the City and the San Bernardino City Fire Management Association regarding Budget Concessions. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-389 was adopted with Kelley and McCammack voting "no." 14. RES. 2010-390 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to approve an annual Services Agreement between the City of San Bernardino and Project Life Impact to provide supplemental recreation and community services at Nicholson Community Center. Council Member/Commissioner Johnson stated that on page 1 of the Services Agreement, in paragraph 3, he would like the words "Ward 6 residents" changed to "City residents"; and in paragraph 4, he would like the words "Ward 6 residents" changed to "all residents." Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-390 was adopted unanimously. 15. Item deleted 16. RES. 2010-388 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the Bureau of Alcohol, Tobacco, Firearms and Explosives (A TF) and the San Bernardino Police Department for participation in the San Bernardino A TF Gun/Gang Suppression Task Force. 6 12/20/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-388 was adopted unanimously. 17. RES. 2010-391 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue, and reserving utility easements therein. Because this action was requested by the school district, City Attorney Penman abstained because his wife is a member of the school board. Council Member/Commissioner McCammack abstained because the school district is a business client. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-391 was adopted with McCammack abstaining. 18. Item deleted 19. RES. 2010-392 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the reprogramming of certain Energy Efficiency and Conservation Block Grant Funds Program and the creation of an Energy Efficient Retrofit Grant Program using EECBG Program funds. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2010-392 was adopted unanimously. 20. RES. 2010-393 - Resolution of the City of San Bernardino ratifying the submittal of a grant application to Kaiser Permanente Regional Community Benefit Operation Splash Grants Program for funding in the amount of $20,000 to provide the Parks, Recreation and Community Services Department Aquatics Program for the 2011 Summer season. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-393 was adopted unanimously. 7 12/20/2010 21. RES. 2010-394 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of a grant application to the US Department of Housing and Urban Development: Economic Development Initiative - EDI Special Project for the amount of $500,000 for the construction of the Verdemont Community Center at Al Guhin Park. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-394 was adopted unanimously. 22. RES. 2010-395 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting an amended Conflict of Interest Code and rescinding Resolution No. 2009-1. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2010-395 was adopted unanimously. 23. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California amending Chapter 8.14 of the San Bernardino Municipal Code Regarding Yard Sales. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said ordinance be laid over for final adoption. The motion carried unanimously. 24. Receive and File - FY 2009-2010 Year End Report Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the FY 2009-10 Year End Report be received and filed. The motion carried unanimously. 25. Approve the FY 2009-2010 Continuing Appropriations and Encumbrance Carryovers in FY 2010-2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the FY 2009-10 Continuing Appropriations and Encumbrance Carryovers be approved; and that the Director of Finance be authorized to amend the FY 2010-11 budget to include the approved Continuing Appropriations and Encumbrance Carryovers. The motion carried unanimously. 8 12/2012010 26. Receive and File - Fiscal Year 2010-2011 First Quarter Budget Report Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the FY 2010-11 First Quarter Budget Report be received and filed. The motion carried unanimously. 27. Appeal Hearing - Appeal of the City Clerk's denial of an application submitted by Xia Yu for a permit to operate as a massage technician Staff advised that Ms. Zia Yu had requested a continuance until January 24, 2011. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of January 24, 2011. The motion carried unanimously. 28. Overview briefing of City Charter City Attorney Penman stated that his office normally provides briefings at the beginning of each Council member's term regarding the City Charter and the Brown Act; however, it did not take place with Council members Marquez, Desjardins and Shorett for various reasons. Mr. Penman began his presentation by providing background information on the Charter. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the briefing be received and filed. (Note: There was no vote taken.) Council Member/Commissioner Brinker stated that he would prefer that this overview be done individually with the people who had requested it, instead of taking up everyone's time at the Council meeting. Council Member/Commissioner Desjardins stated that when he had requested this information he didn't want something that was going to drag on and involve politics-he did not want this to be a platform for anyone who would be running for re-election next year. He stated that he was not looking for a history of the Charter, but wanted to know the day-to-day function of the Charter and the Brown Act as it currently applies to the Council. Council Member/Commissioner Shorett stated that he did meet with Mr. Penman and his staff for over three hours, but he still thought that a workshop to go through the Charter and look at it, talk about it, and ask questions about it, 9 12/20/2010 conducted by a third impartial party would be effective and worthwhile for the Council and the citizens. Council Member/Commissioner Shorett made a substitute motion, seconded by Council Member/Commissioner Desjardins, to refer this matter to the City Manager to come back with a proposal for workshops on both the San Bernardino City Charter and the Brown Act (who would conduct, cost, etc.) and try to get them done before the end of February. Council Member/Commissioner Johnson stated that he believed the request by Mr. Desjardins was for himself personally and not for the complete Council, and he did not see the need to sit through the briefing as a Council. Council Member/Commissioner Marquez expressed support for the motion made by Mr. Shorett. Mr. Penman stated that they were mIssmg the point and that the Charter requires the City Attorney to sign off on any request for outside legal counsel. Mr. Shorett stated that he was not suggesting that they obtain outside legal counsel-he was suggesting that they have an impartial, third-party consultant come in-not legal counsel. Mr. Penman replied that in order for the Council to be given a proper briefing on the Charter or on the Brown Act they do need an attorney to do it. Secondly, when the voters have already provided the person to perform this service, the Council may not by law, choose another. Council Member/Commissioner McCammack made a second substitute motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried with Marquez, Desjardins, and Shorett voting "no." 29. Review of the eCivis Grants Network software Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion failed with Marquez, Brinker, Shorett, and Johnson voting "no." City Manager McNeely stated that the cities surveyed were pleased with the system, but the vast majority felt staff resources were necessary to oversee the system or provide staff support. He stated that four options were presented for the Council's review and consideration. 10 12/20/2010 Council Member/Commissioner Kelley stated that the City does not need a grants position-that eCivis will provide everything staff needs and hiring a grants person was not what was anticipated when this item was brought forward. He stated that he would highly recommend that they do not hire a grants person. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack to approve Option 4, maintain the status quo and not purchase the eCivis software or add a grants coordinator position until such time as City revenues improve. (Note: No vote was taken.) Following additional discussion, Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, to approve Option 3, purchase the Research component of eCivis with ten user licenses, but change the ten licenses to unlimited licenses. It was noted that this would cost in excess of $41,000. Council Member/Commissioner Brinker stated that he would like to see the benefits of this with a dollar amount. He noted that the people who will be using the program should be involved in the process, and maybe the City Manager should come back with a plan. It was noted that the City does have a number of people involved in doing grant applications; however, there is not anyone who spends a predominant amount of time pursuing grants-they all have other jobs to do. Discussion continued, and it was suggested that maybe they should take the ten licenses for approximately six months and see how many grants are being written. If there is a significant increase, then consider another option at that time. Council Member/Commissioner McCammack amended her substitute motion, seconded by Council Member/Commissioner Kelley, to approve Option 3, purchase the Research component of eCivis with ten user licenses. The motion carried with Johnson absent. Council Member/Commissioner Brinker stated that he wanted the City Manager to come back with a list of identified grant writers and collaborate with them and make sure they are using this software efficiently. Council Member/Commissioner Kelley suggested that the Council office have access to one of the licenses. 11 12/20/2010 30. City of San Bernardino Proposed FY 2011-12 Federal Legislative Priorities and Program Nominations Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Marquez, that the recommended Federal Legislative Priorities and Project Nominations be approved and that any additional projects be considered for inclusion as requested by the Mayor and Common Council. The motion carried with Brinker and Shorett absent. 31. Item deleted COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Shorett, Kelley, Johnson, McCammack; Senior Deputy City Attorney Grider; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: Council Members/Commissioners Desjardins and Brinker R32. Joint Public Hearing - Merged Area A - 2010 Merged, Amended and Restated Redevelopment Plan and Program EIR (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas). (EIR available at http://www . sbrda. org/ edProJectM erger. html ) (Continued from December 6,2010) RES. CDC/2010-66 - Resolution of the Community Development Commission of the City of San Bernardino certifying the Final Program Environmental Impact Report for the Merged, Amended and Restated Redevelopment Plan for the San Bernardino merged Redevelopment Project Area A for the proposed merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas; making findings pursuant to the California Environmental Quality Act; adopting a Mitigation Monitoring and Reporting Program; and adopting a Statement of Overriding Considerations. The hearing remains open. Council Member/Commissioner McCammack stated that for the record she needed to be sure that nowhere does any action on this item have anything to do with the Uptown Redevelopment Area. 12 12/20/2010 Agency Counsel Sabo advised that one of the issues that needed to be addressed prior to the actual conduct of the hearing is whether there are any conflicts of interest that need to be disclosed. He stated that Council Member Marquez had previously declared her principal place of residence to be in Central City East, which is not an issue in her participation. Mr. Sabo advised that Council Members Desjardins and Shorett have business interests in the project area, and those have previously been disclosed. Mr. Shorett stated that that information was incorrect and he did not have a financial interest in the project area. Agency Counsel Sabo informed Council Member McCammack that this project does not include, and no action to be taken has anything to do with, the Uptown Redevelopment Project Area where she has a financial interest. It was noted that since Mr. Desjardins was absent, no conflicts existed with those Council Members who were present. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Warner Hodgdon, San Bernardino, CA, stated that he has tracked the progress that has been going on for the last several years and he supports the Merged Area A-20l0, in theory, 100 percent and has stated so in writing. He stated that he thought it was important for Mr. Sabo to be the one to sign off on the resolution and submitted into the record a large bound document titled, Memorandum, Joint Public Hearing, 12.06.10, CDC - Mayor Common Council, Agenda Items 23 . 25, Submitted for Public Agenda/Record. Emil Marzullo, Interim Executive Director of the Economic Development Agency, stated that this was a continuation item that the Council/Commission had discussed many, many times; and that the action tonight is a continuation on the EIR process of the Merged Area A. Mayor Morris asked City Clerk Clark whether any written correspondence had been received regarding this matter and she responded in the negative. Council Member/Commissioner McCarnmack stated that she had a long conversation with Mr. Hodgdon about the financial aspects of this, and her only concern is that if their projections are as listed in the backup materials and they borrow a certain amount of money, they are expecting that the projections will then support the debt service, but what if it doesn't. 13 12/20/2010 Mr. Marzullo stated that the document took a certain forward looking assumption that if certain things happen then they would issue "x" number of dollars in debt. He stated that the debt is not issued all at once-it is issued sequentially over time as property value and development occurs. He stated that you can issue debt for a first series of things that happen over a few years-let those mature, let those create tax increment-then they would pay down debt and move forward. He stated that the interesting thing about redevelopment is that in order to be in the redevelopment business you have to be in debt. The value of land, the quality of the projects, and the success of the projects generally dictates how much you would or would not issue in the future. Ms. McCammack stated that her other concern was if she was a city manager she would be aghast at the number of dollars that were coming out of the City's general fund and going into the City's Economic Development Agency Fund. Every time we turn more land into redevelopment land-and yes, we're supposed to be creating increment and supposed to be creating industry and jobs-but we're also moving property tax from the general fund. She stated she was not a fan of this for the two financial reasons that were just discussed. Council Member/Commissioner Marquez requested that Mr. Marzullo explain for the listening audience the lO-year extension for two areas-Central City North and Meadowbrook/Central City. Mr. Marzullo stated that they have 14 redevelopment areas in place now and they have a lifespan, and the lifespans of those redevelopment areas are coming to an end. If you allow them to mature to an end, you lose the opportunity to take the redevelopment money and make the changes in those particular areas. The other challenge is that some, or all of the areas, mayor may not qualify as redevelopment areas-they may not be able to make a blight analysis criteria for those. Mr. Marzullo stated that to lose the two largest redevelopment revenue generators from the city would be tragic in the sense that they wouldn't have the dollars to keep moving. So the solution they crafted was to do a lO-year extension by doing the merger. They buy 10 years of additional time in the mergers and they get the ability to issue additional debt and create additional tax increment to do physical improvements and rid the city of blight. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDC/2010-66 was adopted with Kelley voting "no" and Desjardins and Brinker absent. 14 12/20/2010 R33. Redevelopment Agency of the City of San Bernardino Policy regarding Freeway Oriented Electronic Message Signs RES. CDC/2010-67 - 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 implement the proposed policy regarding Freeway Oriented Electronic Message Signs. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2010-67 was adopted with Kelley voting "no" and Desjardins and Brinker absent. R34. Transfer of Bond Reserves Asset Management Services to Citizens Trust RES. CDC/2010-68 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Redevelopment Agency of the City of San Bernardino to transfer Bond Reserves Asset Management Services to Citizens Trust. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2010-68 was adopted with Desjardins and Brinker absent. R35. Weka, Inc. - Approval of final Change Order No.2, Release of Retention, Filing and Recordation of Notice of Completion for Public Works Construction Contract with Weka, Inc., for the Relocation and Construction of the Sanitary Sewer Line for the State Courthouse Project (Central City East Redevelopment Project Area) RES. CDC/2010-69 - Resolution of the Community Development Commission of the City of San Bernardino approving the final Change Order, Release of Retention and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute, file, and cause to have recorded the Notice of Completion for the Public Works Construction Contract by and between the Agency and Weka, Inc. (Central City East Redevelopment Project Area). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2010-69 was adopted with Desjardins and Brinker absent. 15 12/20/2010 R36. Owner Participation Agreement with University Park Promenade and Shops, LLC and the Redevelopment Agency of the City of San Bernardino (State College Redevelopment Project Area) RES. CDC/2010-70 - 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 Property Owner Participation Agreement by and between the Agency and University Park Promenade and Shops, LLC ("Participant"), for the installation of public improvements in the public rights-of-way of Northpark Boulevard and University Parkway located within the State College Redevelopment Project Area. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. CDC/2010-70 was adopted with Desjardins and Brinker absent. R37. RES. CDC/2010-65 - Resolution of the Community Development Commission of the City of San Bernardino adopting an amended Conflict of Interest Code and rescinding Resolution No. CDC/2008-37. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2010-65 was adopted unanimously. 38. RES. 2010-396 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the first amendment to the Lease Agreement with the YMCA of the East Valley originally authorized by Resolution No. 2005-222. Public Comments Jack Avakian, YMCA of the East Valley, San Bernardino, CA. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-396 was adopted with Desjardins and Brinker absent. 39. RES. 2010-397 - 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 San Bernardino City Professional Firefighters; Brian Crowell; and Byron Kuhn v. City of San Bernardino; San Bernardino City Civil Service Board; San Bernardino Fire Department; Fire Chief Michael Conrad; Does 1-10, inclusive. 16 12/20/2010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2010-397 was adopted with Kelley voting "no" and Desjardins and Brinker absent. 38. Public Comments City Attorney Penman noted that restaurants are included in the deemed approved ordinance; and he stated that his office had conferred with the San Bernardino County Health Department and they had informed his office that they have not seen any problems with restaurants in terms of the deemed approved ordinance. He stated that his staff also looked at their past prosecutions for violations of various City codes that would be relevant to the deemed approved ordinance, and they saw no prosecutions there. He stated that he had asked Henry Empefio to prepare an amendment to the deemed approved ordinance to present to the Legislative Review Committee that would remove restaurants from the deemed approved ordinance except those that are acting as nightclubs. In fact, they will be removed also, but they will still be prosecuted if they perform as a nightclub instead of a restaurant when they are only licensed to be a restaurant. Tony Trozera, San Bernardino, CA, stated that he had heard Mr. Penman state that restaurants would be removed from the deemed approved ordinance; however, he still wanted to speak regarding his concerns with City of San Bernardino Ordinance No. MC-1323, the deemed approved ordinance. Mayor Morris noted that said ordinance was aimed primarily at problematic liquor stores throughout the city and staff would refine the ordinance to make it applicable to those particular businesses of concern. Warner Hodgdon, San Bernardino, CA, spoke regarding several events that took place during the term of former Mayor Bob Holcomb and thanked Council Member Shorett for his proposal to name the Council chambers after the former mayor. Paul Sanborn, San Bernardino, CA, suggested naming a school site after former Mayor Holcomb and asked the Mayor to try and get Bally's into the old Stater Bros. store on 40th Street. James Smith, San Bernardino, CA, stated that it had been a great bicentennial year, commended Mayor Morris and Rabbi Cohn for their comments at former Mayor Holcomb's services, and noted that the National Orange Show would be celebrating its 100th birthday on February 5, 2011. 17 12/20/2010 39. Adjournment At 7:04 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for Monday, January 10, 2011. RACHEL G. CLARK City Clerk By: ~Ll ~ Deputy City Clerk 18 12/20/2010