HomeMy WebLinkAbout01-10-2011 Reg Mtg MinutesSan Bernardino
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
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 10, 2011
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:40 p.m., Monday, January 10, 2011, 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; Deputy City Clerk Ochiqui.
Absent: Council Member/Commissioner Brinker.
Council Member/Commissioner Brinker arrived at 3:15 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Emilio S. Flores, et al. v. Ci of Highland, et al - San Bernardino
County Superior Court, Case No. CIVSS 700464;
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Matthew Sharkey et al. v. Public Safety Academy et al. - San Bernardino
County Superior Court, Case No. CIVDS 1015386;
Paul Triplett v. City of San Bernardino, et al. - United States District
Court, Case No. 2; 08 -CV -07257 JHN (AJWx);
Gomez v. So Cal Regional Rail Authority - San Bernardino County
Superior Court, Case No. CIVSS 804560;
Brian Boom and the San Bernardino Police Management Association v.
City of San Bernardino and Keith Kilmer - San Bernardino County
Superior Court, Case No. CIVDS 1017219.
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)
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
People v. Carrington
People v. First American Title Co.
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.
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City Attorney Penman stated that the following additional case would be
discussed in closed session under Agenda Item No. 113, anticipated litigation -
significant exposure to litigation:
Tow Companies v. City; and
that under Agenda Item No. 1C, anticipated litigation - initiation of litigation
they would not discuss:
People v. Carrington
People v. First American Title Co.
Council Member/Commissioner McCammack asked for discussion of Placo,
LLC, under Agenda Item No. 1G, conference with real property negotiator.
Reading of Resolutions & Ordinances
Deputy City Clerk Ochiqui 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 in memory of Art Solis.
Invocation/Pledge of Allegiance
The invocation was given by Elder Eddie Kelley of Living Faith Gospel Church. The
pledge of allegiance was led by Anngilea Montiel, a fifth grade student from Del Rosa
Elementary School.
2. Appointment - Lloyd Roberts - Civil Service Board - Mayor Morris
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the appointment of Lloyd Roberts
to the Civil Service Board, as requested by Mayor Morris, be approved. The
motion carried unanimously.
3. Proclamations & Presentations
Mayor Morris and Police Chief Kilmer presented a proclamation of
commendation to representatives from Food for Less for donating $10,000 to
the Guns for Groceries program, which took in 215 weapons in exchange for
Food for Less gift certificates.
Council Member McCammack presented certificates to the following City
employees in recognition of the help they provided during the recent flooding in
San Bernardino: Randy Kuettle, Public Works; Charles Carter, Robert
Cravens, Robbie Hickerson and Kristie Rohleder of Code Compliance; and
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Bruce Dunams, Carrie Rios and Joe Slouka of Code Compliance, who were
recognized but not in attendance.
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 Shorett 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. Claims & Payroll
Council Member/Commissioner Shorett 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 January 4,
2011, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
7. Personnel Actions
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated January 6, 2011, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino, be approved and ratified. The motion carried
unanimously.
8. ORD. MC -1344 - 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. FINAL READING
(Continued from December 20, 2010)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance
No. MC -1344 was adopted unanimously.
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9. RES. 2011-1 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a second amendment to the
Professional Services Agreement between the City of San Bernardino and
Bruce Dunams.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-1 was adopted unanimously.
10. RES. 2011-2 - Resolution of the City of San Bernardino amending
Resolution No. 8234 entitled, in part, "A resolution... establishing parking
time limitations upon certain designated streets, alleys, or portions
thereof..." to establish a two-hour parking time limitation on Third Street
between Metrolink Way and K Street.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-2 was adopted unanimously.
11. RES. 2011-3 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order in the amount of $35,000 with four one-year extensions at
the City's option to Republic Intelligent Transportation Services, Inc.
(Republic ITS) for preventative maintenance services for signalized
intersections.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-3 was adopted unanimously.
12. Authorize the modification of job descriptions
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the Human Resources Department be
authorized to update the job descriptions as shown in the staff report from Linn
Livingston, Director of Human Resources, dated January 6, 2011.
Council Member/Commissioner McCammack stated that she felt Human
Resources had missed the mark insofar as what the Personnel Committee wanted
in these job descriptions—that it was not what the committee had discussed.
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Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Brinker, that the matter be
referred back to the Personnel Committee. The motion carried with Marquez
and Shorett voting "no."
13. Public Hearing - Review Sewer Treatment Rate Study 2010
RES. 2011-4 - Resolution of the City of San Bernardino fixing and
establishing charges for services and facilities furnished by the City
sewerage collection and treatment system located within and outside the
incorporated territory of the City, and repealing Resolution 2008-434.
Mayor/Chairman Morris opened the hearing.
Stacey Aldstadt, General Manager, Water Department, stated that the Water
Department is responsible for both water service in the City of San Bernardino
and sewer treatment or wastewater treatment for the Cities of San Bernardino,
Highland, and Loma Linda. She stated that they are requesting a 10 percent
increase in domestic sewer rates for each of the next two years.
She stated that these sewer rate increases are driven almost exclusively by two
factors. The first factor is that our wastewater plant is almost 50 years old and
we have several aging out pieces of equipment that need to be replaced,
representing capital improvements of about $14 million. Those capital
improvements need to be made. We are a regulated industry, regulated by the
California Regional Water Quality Control Board, and they require that we treat
wastewater to a certain standard.
The second major reason for the rate increase is in order to cover approximately
$7 million required as capital improvements in order to meet additional rules
that are being put in place by the Air Quality Management District (AQMD).
Much of our equipment at the wastewater treatment plant is run off of methane
gas. They have always thought this was a good technology. It's a very green
technology that takes a waste product of the wastewater stream and turns it into
fuel. It also reduces our dependence on natural gas. We need to upgrade that
equipment in order to meet a new rule, which will go into effect in July of next
year. In order for us to be able to use our equipment, we need to start
retrofitting that equipment which we use for the standards that are being
imposed by AQMD.
Ms. Aldstadt stated that another regulatory aspect which is driving the $7
million in new capital assets is the need to ensure that we have capacity in order
to meet wastewater requirements. She emphasized that we have a very old
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plant, and one of the things that was not done in planning for our plant 60-70
years ago was something called an equalization basin.
The equalization basin would take flows, which are called diurnal flows because
during certain portions of the day you will have higher wastewater flows than
other. In order to manage the capacity in the plant so we can manage the peaks
and valleys, we need to install an equalization basin before the headwork. That
is another major component of the new capital assets which is driving this rate
increase.
Additionally, we are at risk of violating our bonds covenant requirement. We
are currently below the 110 percent of debt coverage that we are required to
have in order to meet our bonds coverage requirements.
Ms. Aldstadt stated that on November 15, 2010, the Council was given a study
done by R. W. Beck, a nationally recognized firm that does sewer cost -of -
service studies, and their recommendations have to do with increasing the rates,
in a very small part, to cover the debt ratio.
She reiterated that the vast majority of the increases are required because of
federal and state regulatory requirements, which they do not have the luxury of
ignoring. She pointed out that this rate increase will essentially mean a $1 per
month increase to the average residential customer.
She also pointed out that in a survey of all the surrounding communities we are
by far the lowest of all of the sewer rates studied, and that includes Riverside,
Rialto, East Valley, Colton, Redlands, Los Angeles, San Diego, and Orange
County Sanitation District.
Mayor/Chairman Morris added that this disparity is substantial and includes our
water rates also.
Pursuant to Resolution No. 2000-279, Deputy City Clerk Ochiqui administered
an oath to the following individuals that they would provide true and honest
testimony.
The following individuals spoke in opposition to the rate increase:
Ron Coats, San Bernardino, CA.
Paul Sanborn, San Bernardino, CA.
Kathy Mallon, San Bernardino, CA.
Tom Rhoades, San Bernardino, CA, stated there is so much calcium in his
water that it is unfit to drink and asked for an answer/resolution to this problem.
01/10/2011
Shirley Harlan and Arlene Flores, both of San Bernardino, CA, asked about
plans to install sewers in their neighborhoods, stating that they have been paying
for sewers for years.
Warner Hodgdon, San Bernardino, CA, provided background information on
the sewer plant on South "E" Street.
Ms. Aldstadt addressed the comments made by those speakers who spoke in
opposition to the increase.
Relative to Mr. Rhoades' calcium problem, she stated that she probably would
not be able to help him—that calcium is a naturally occurring salt that we get
because we are near the foothills, and we cannot remove calcium except through
the use of a water softener, which also degrades the environment.
With respect to sewer connections, she stated this is an old question and she
would have to rely on Senior Deputy City Attorney Empeno in terms of this
issue. She noted, however, that the Water Department runs the treatment
plant—they do not install the pipes that lead from the house to the treatment
plant. That is actually a City function. The City has sewer connections, they
have master plans, and the Water Department does not control the placement of
the sewer connections. However, the Water Department does have a standby
connection fee, which is imposed by municipal ordinance and collected by the
Water Department. She stated she would take the speakers' names and research
the issue and get back with them.
Senior Deputy City Attorney Empefto stated that he would like a copy of Ms.
Flores' bill in order to see what charges she is actually being charged.
Additionally, Mr. Empeno noted that Mr. Coats had stated that he believed this
rate increase required a vote of the people. He advised that what is before the
Council today is an increase in sewer rates, and state law does regulate that in
terms of Proposition 218. However, Article 13(b) is the California Constitution
in terms of sewer, water and refuse collection services—the fees related to that
are not subject to Proposition 218 election requirements, and so in this particular
instance, this sewer rate increase is not subject to an election.
He stated that what is before the Mayor and Council is a requirement that
Proposition 218 has in terms of a public hearing and its notice requirements, and
in terms of a majority protest, if filed by a majority of owners of parcels within
the area being assessed. He added that in this case he had been informed by the
Water Department that notices had been sent out to all property owners in the
city of San Bernardino. They have also been sent out to all rate payers.
8 01/10/2011
He stated that he believed the record shows that 66,000 notices had been mailed
out by the department to property owners and to rate payers in the city. Out of
those 66,000 notices, there have been three written letters to the department in
protest, one anonymous, and 4 protests by telephone. Then there are the people
protesting here today. Proposition 218 basically states that if the majority of the
owners of parcels have filed a written protest the fee cannot be imposed, but that
isn't the situation here; and it is within the Council's discretion to approve this
fee increase without the need for an election.
Ms. Aldstadt reiterated that the reason for this increase is largely because
AQMD and the Regional Water Quality Control Board require them to do
certain things which cost money and which they cannot avoid doing.
Council Member/Commissioner Kelley asked if the Water Department had
explored any grants for this.
Ms. Aldstadt answered that they have looked for them, but have been
unsuccessful. They have a lobbyist and have been successful in other grants,
but not wastewater treatment.
Council Member/Commissioner Marquez asked Ms. Aldstadt to talk about the
bonds. Ms. Aldstadt explained that back in the early 90's they financed some
improvements at the wastewater treatment plant which required certificates of
participation, otherwise known as another version of bonds. In order for them
to sell those bonds, they had to assure the people who bought the bonds that
there would be money available in terms of a revenue stream to cover the
obligations that are promised to the bondholders. That is typically called a debt
coverage ratio—they ask you to have 110 percent of whatever the debt is that is
outstanding covered by 110 percent. At present, without a rate increase, they
are looking at the inability to cover the bonds requirement.
Council Member/Commissioner Desjardins stated that there is a public
perception that the City's Water Department might have enough reserves to
possibly complete this construction and not pass the cost on to the residents. He
asked for more information on how large the reserves really are.
Ms. Aldstadt stated that ever since she has been here, there has been a myth that
the Water Department is flush with cash. They don't have massive reserves --
they have reserves that are restricted by law. One of the things that was
provided to the Council is the independent report by R. W. Beck and what this
report is saying is that without this rate increase they cannot meet their
obligations under their bonds, and they cannot proceed with the capital
improvements that they are intending to move forward on for regulatory and
compliance reasons.
9 01/10/2011
Council Member/Commissioner Brinker stated that Ms. Flores lives in the
southern area of San Bernardino just east of Tippecanoe, and they have a large
number of residents over there who were annexed into the City almost 20 years
ago. Since he was first elected he has heard that they do not have sewer hookups
and the issues and things associated with that. He asked for a report of the
number of people that are paying the sewer fee, but are not hooked up to our
sewer system. He also asked for a geo map that shows the locations of those
people.
George Castillo, Customer Service Manager, Water Department, advised that as
far as they are aware, they are not billing anyone that is not receiving sewer
service. There was a time when the City passed an ordinance to help offset the
future expansion of the system, where everybody was billed, and that was
stopped in the late 1990s.
Council Member/Commissioner Brinker noted that they have two people tonight
that have both said that they are being billed and are not receiving sewer
service, and he has heard it repeatedly in the neighborhoods in this area. That
is why he is wondering if they have two data sets that can be compared—one
that has the people that are hooked up and the other that has people that are
being charged the bill—and then figure out which ones are being charged that
don't have a hookup.
Ms. Aldstadt stated that the Water Department would be happy to work with the
constituents to try and resolve their concerns.
Mr. Brinker asked what was going to happen if the Council didn't approve this
increase.
Ms. Aldstadt replied that with respect to the bond covenant, she believed the
bondholders would call the bond and they would have to pay all the money that
is outstanding immediately upon request. That would be about $23 million and
they do not have $23 million in reserve. Insofar as the AQMD is concerned, if
they don't comply it comes down to fines, penalties, and jail time.
Council Member/Commissioner Brinker asked whether this matter had gone
before the Board of Water Commissioners and if so, what was their vote. Ms.
Aldstadt answered that it had gone before the Board, and the vote had been
unanimous.
Council Member/Commissioner McCammack asked when the rate change
would take effect, and Ms. Aldstadt answered that it would be February 1,
2011.
10 01/10/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2011-4 was
adopted with Desjardins, Brinker, and Kelley voting "no."
14. A Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the establishment of a City -owned vehicle impound
facility to be operated and maintained by the City of San Bernardino Police
Department. (Continued from September 20, 2010)
Council Member/Commissioner Desjardins recused himself and left the room
because he owns a local tow company.
City Attorney Penman recused himself to avoid the appearance of a conflict
because his wife is the president of the San Bernardino Area Chamber of
Commerce, which has taken a position on the police tow yard; however, his
office has not conflicted off on the Government Code 1090 and 87100 issues.
He stated that Agency Counsel Sabo would be advising the Mayor and Council.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled. The motion
carried with Marquez voting "no" and Desjardins absent.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the City Manager be directed to
place an item on the Council meeting agenda for February 22, 2011, to either 1)
establish the revised franchise fee for Tow Services Agreements for calendar
year 2011, or 2) approve a revised form of Tow Services Agreement. The
motion failed with Marquez, Shorett, and Johnson voting "yes," Kelley and
McCammack voting "no," Brinker abstaining, and Desjardins absent.
Subsequently, Council Member/Commissioner McCammack changed her vote
to a "yes." Later in the meeting she changed her vote back to a "no."
Also, later in the meeting, City Attorney Penman informed the Council that Mr.
Desjardins is on the City's tow rotation and has a contract with the City and
there is a Government Code 1090 issue involved in that which he had briefed
the Council extensively on in closed session earlier today. Then, he and Mr.
Peppler very briefly went over some issues with Mr. Desjardins a little while
ago. He stated that Mr. Desjardins had asked him for some information in
writing. As he explained earlier, the City Attorney is not the attorney for any
individual Council member and he cannot advise any individual member.
Therefore, what he is prepared to offer Mr. Desjardins tonight, if Mr.
Desjardins will inform Mr. Penman who his attorney is, or have his attorney
11 01/10/2011
call Mr. Penman, he will give Mr. Desjardins' attorney the statutes and the
points and authorities that the City Attorney's office is relying on and the advice
they are giving to the City Council, and then Mr. Desjardins' attorney can
advise him.
Council Member/Commissioner Brinker then changed his vote from an
"abstain" to a "yes."
The motion carried with Marquez, Brinker, Shorett, and Johnson voting
"yes," Kelley and McCammack voting "no," and Desjardins absent.
15. RES. 2011-5 - 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 December 6, 2010.)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-5 was adopted with Desjardins absent.
16. City of San Bernardino Strategic Communications Plan
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of January 24, 2011. The motion carried with
Desjardins absent.
17. Item deleted
18. Item deleted
19. Item deleted
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior
Assistant City Attorney Easland; Economic Development Agency
Interim Executive Director Marzullo and Agency Counsel Sabo; Deputy
City Clerk Ochiqui.
Absent: None.
12 01/10/2011
R20. Joint Public Hearing - Pine Mountain Development, LLC - Lease
Agreement for a Temporary Bus Transfer Facility (Carousel Mall)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving the sub -lease of portions of the JC Penney Tire,
Battery and Automotive Center ("TBA") acquired with Tax Increment
Funds and thereafter authorizing the Police Chief/City Manager to execute
a Sub -Lease Agreement by and between the Redevelopment Agency of the
City of San Bernardino and the City of San Bernardino Police Department
for use of a portion of the TBA for a Police Substation (Central City
Redevelopment Project Area). (R20A)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving and consenting to the Lease of the former JC Penney
Tire, Battery and Automotive Center ("TBA") and the funding of its
conversion to a temporary bus transfer facility located on & Street between
"F" and "G" Streets and making certain findings and determinations
pursuant to Health and Safety Code Section 33445.1 as to the benefit to the
Southeast Industrial Project Area (Central City North Redevelopment
Project Area). (R20B)
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 enter
into a Master Lease Agreement by and between the Agency and Pine
Mountain Development, LLC, for the former JC Penney Tire, Battery and
Automotive Center ("TBA") for its conversion into a temporary bus
transfer facility located on 4"' Street between "F" and "G" Streets (Central
City North Redevelopment Project Area) and for sub -leases of the converted
facility with the City of San Bernardino Police Department and Omnitrans.
(R20C)
Note: No backup materials were distributed.
Council Member/Commissioner McCammack 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 with
Kelley voting "no."
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R21. Cal Fire - Urban Forestry Green Trees for the Golden State Grant
Application and Program (Propositions 40 and 84)
RES. 2011-6 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the form of and authorizing the submittal of the
Application for Grant Funds from the Cal Fire - Urban Forestry Grant
Program entitled, "Green Trees for the Golden State" as provided through
Propositions 40 and 84.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2011-6 was adopted with Brinker absent.
R22. RES. CDC/2011-1 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute The North Arden Guthrie
Redevelopment Project Study and Exclusive Right to Negotiate Agreement
by and among the Agency, Home Depot U.S.A., Inc., and Mark
Development, Inc. (IVDA Redevelopment Project Area).
Public Comments:
Ron Coats, San Bernardino, CA.
Council Member/Commissioner Kelley stated that relative to the Economic
Strategic Plan, he would like to request a workshop on what possible uses have
been considered for the Home Depot next to Stater Bros. He would also like to
hear from the Economic Development Agency regarding the vacated Lowes
building on Hallmark Parkway.
Interim Executive Director Marzullo advised that Lowes was privately owned,
they sold the building, and the City/Agency can't force them to do anything.
Council Member/Commissioner Johnson stated that he was concerned about
empty stores/buildings throughout the city.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2011-1 was adopted unanimously.
14 01/10/2011
R23. RES. CDC/2011-2 - 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 Third Amendment to the 2003
Disposition and Development Agreement by and between the Agency and
J.R. Watson and Associates Development Corporation ("Developer").
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. CDC/2011-2 was adopted unanimously.
R24. Regal Entertainment Cinema Project - Update and presentation by Interim
Executive Director
Economic Development Agency Interim Executive Director Marzullo provided
a PowerPoint presentation on the Regal Entertainment Cinema Project.
Public Comments:
Ron Coats, San Bernardino, CA.
Bill Lemann, San Bernardino, CA.
Owen Sherman, Redlands, CA.
Edward Barkett, San Bernardino, CA.
Brandi Williford, San Bernardino, CA.
Mary Schnepp, San Bernardino, CA.
Jim Mulvihill, San Bernardino, CA.
Warner Hodgdon, San Bernardino, CA, who submitted a Memorandum for the
Public Record Re: EDC Agenda R24.
Following discussion, City Attorney Penman advised that a lease must be
prepared two weeks before the public hearing—that it will be up to the City
Attorney's office to present this to the Council and they will be looking at a
number of things.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the Community Development
Commission receive and file the materials provided by the Interim Executive
Director of the Redevelopment Agency relative to the update on the Regal
Entertainment Cinema Project. The motion carried with Kelley and
McCammack voting "no."
25. Presentation on the Brown Act by Senior Assistant City Attorney Diane
Roth
15 01/10/2011
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of January 24, 2011. The motion carried with
Brinker absent.
26. Public Comments
Ron Coats, San Bernardino, CA, who lives in a County pocket, proposed that
the City enter into an agreement with the County that the City will abate all
graffiti in the County pockets.
Shirley Harlan, San Bernardino, CA, spoke regarding the recent senseless
shooting in Tucson, Arizona, stating that we need to renew our voice to
communicate and respect our differences.
Omar Shaheed, San Bernardino, CA, an economic developer, stated that in
2012 he is planning to have an African American call to unity and economic
conference at the National Orange Show grounds. For three days they will have
this contact with the United States of America about our economic conditions
and he would like the City's blessing in this work they are doing.
Warner Hodgdon, San Bernardino, CA, spoke regarding redevelopment in the
City of San Bernardino—especially in the downtown area.
Jim Smith, San Bernardino, CA, stated that we need to concentrate on hope and
new things, and that the new theatre is critical to the infrastructure of San
Bernardino.
27. Adjournment
At 8:35 p.m., the meeting adjourned to Tuesday, January 18, 2011 at 5:30 p.m.
in the Economic Development Agency Boardroom for an Administrative Civil
Penalties and Administrative Citations Workshop.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for Monday, January 24, 2011.
RACHEL G. CLARK
City Clerk
By:
inda E. Hartzel
Deputy City Clerk
16 01/10/2011