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HomeMy WebLinkAbout06-Council MinutesCITY OF SAN BERNARDINO 300 N. "D "Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez vacant Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 2, 2011 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:36 p.m., Monday, May 2, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Brinker, Shorett, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Members/Commissioners Marquez, Kelley. Vacant: Second Ward. Council Member/Commissioner Kelley arrived at 1:44 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). 1 05/02!2011 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. Ciry of San Bernardino (Paradise Hills) Claim of Monique Castaneda & Mary Guisa C. Conference with legal counsel -anticipated litigation -initiation of litigation -pursuant to subdivision (c) of Government Code Section 54956.9: Ciry 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. G. Conference with real property negotiator -pursuant to Government Code Section 54956.8: 1. Property Address: APN: 0142-522-10 2669 West 5'" Street, San Bernardino, CA 92410 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as agent for the San Bernardino City Housing Authority Under Negotiation: Lease terms and conditions. 2. Property Address: APN: 0142-522-26 2618 West 5`" Street, San Bernardino, CA 92410 z osioznott Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as agent for the San Bernardino City Housing Authority Under Negotiation: Lease terms and conditions. 3. Property Address: APN: 0134-054-07, 08, & 09 746 West 5'" Street, San Bernardino, CA APN: 0134-053-20, 21, 22, 23, 25 & 26 Spruce Street vacant parcels, San Bernardino, CA Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as agent for the San Bernardino Economic Development Corporation Under Negotiation: Lease terms and conditions. Central City North Redevelopment Project Area 4. Property Address: Agency-owned former CinemaStar Theater 4`" and "E" Streets, San Bernardino Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and John Roper on behalf of Regal/Edwards Entertainment Company Under Negotiation: Lease rate, terms and conditions. City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item No. lA, existing litigation: Human Potential Consultants v. City of San Bernardino, et al. -San Bernardino County Superior Court, Case No. CIVDS 917268; People of the State of California v. Margaret Sherman, et al. -San Bernardino County Superior Court, Case No. CIVDS 917881; 3 05/02/2011 Jose Rivera, Ericka Rivera, Andrew Rivera, a minor, and Cynthia Rivera, a minor v. City of San Bernardino, et al. -Riverside County Superior Court, Case No. RIC 10022468. Under Agenda Item No. 1B, significant exposure to litigation: Claim of Nova Burch 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, Community Development Commission, and San Bernazdino City Housing Authority. Moment of Silence A moment of silence was observed in memory of former Sixth Ward Council members Norris P. Gregory, Jr., and Valerie Pope-Ludlam. Invocation/Pledge of Allegiance The invocation was given by Reverend David McGlocklin of St. Paul's United Methodist Church. The pledge of allegiance was led by Cynthia Chapazro, a fifth grade student at Lytle Creek Elementary School. 2. Reappointment -Dennis Reichardt -Civil Service Board -Mayor Morris Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the reappointment of Dennis Reichardt to the Civil Service Boazd, as requested by Mayor Morris, be approved. The motion carried with Marquez absent. 3. Proclamations & Presentations Council Member Brinker presented the Citizen of the Month Award to longtime community volunteer Rita Arias. Mayor Morris presented a proclamation to Jack Hill of the San Bernazdino Area Chamber of Commerce declaring the month of May as Law Enforcement Month. Mitch Alderman of SANBAG provided an update on the Downtown San Bernardino and Redlands Passenger Rail Projects and announced that there would be public information meetings on May 11 at the ESRI Cafe in Redlands, May 12 at the Santa Fe Depot in San Bernardino, and a scoping meeting on May 17 at the SANBAG lobby located at the Santa Fe Depot. 4 05/02/2011 4. Announcements Announcements were made by the Mayor, Members of the Common Council, elected officials, and a representative from the Chamber of Corrlmerce regarding vazious civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions and 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, Community Development Commission, and San Bernardino City Housing Authority dated May 2, 2011, be waived. The motion carried with Marquez absent. 6. Item Deleted 7. Claims and 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 April 26, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried with Marquez absent. 8. Personnel Actions Council Member/Cormissioner McCammack stated that she did not support Personnel Item Nos. 4 and 5 (call taker positions); therefore, she would be voting "no." Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated April 28, 2011, in accordance with Civil Service rules and Persommel policies adopted by the Mayor and Common Council of the City of San Bernazdino, be approved and ratified. The motion carried with McCammack voting "no" and Marquez absent. 9. Public Pension Reform Council Member/Commissioner Brinker submitted a document titled, "QUESTIONS ABOUT PUBLIC PENSIONS" which contained questions that he wanted to be answered at the time of the proposed public pension reform presentation. 5 05/02/2011 Public Comments: Robert Jenkins, San Bernardino, CA. Laurie Stalnaker. Shirley Harlan, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that staff be directed to make a presentation for the Mayor and Common Council on public pension reform within 60 days. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner Brinker, that if the public pension reform presentation is brought back, that it be brought back in a workshop format. The motion failed with Kelley and McCammack voting "no" and Marquez absent. The original motion made by Council Member/Commissioner Brinker, seconded by Council Member/Commissioner Johnson, that staff be directed to make a presentation for the Mayor and Common Council on public pension reform within 60 days failed with Kelley, Johnson and McCammack voting "no" and Marquez absent. 10. RES. 2011-94 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Use of Facilities Agreement between the City of San Bernardino and the Coast Soccer League for use of the San Bernardino Soccer Complex fora 5-year period. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-94 was adopted with Marquez absent. 11. RES. 2011-96 -Resolution of the Mayor and Common Council of the City of San Bernardino accepting the donations from Petfinder.com and HEAL Organization, and authorizing the purchasing manager to increase the purchase orders assigned to Victor Medical Company for a combined total of $33,516 for FY 2010-11. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2010-11 budget as outlined in the staff report dated April 16, 2011, from the Chief of Police. The motion carried and Resolution No. 2011-96 was adopted with Marquez absent. 6 05/02/2011 12. RES. 2011-95 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order in the amount of $105,806.05 to Burbank Recycling, Inc. for Municipal Solid Waste Disposal Services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-95 was adopted with Marquez absent. 13. Mid-Year Budget Review for FY 2010-2011 Relative to borrowing against next year's budget to balance the City Attorney's budget this year, Council Member/Commissioner McCammack stated that she thought there were legal, constitutional requirements for loans and she didn't believe, based on the California State Constitution, that they could loan money against a budget that has not yet been approved for appropriations that have not yet been made. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the FY 2010-11 Mid-Year Report be received and filed; and that the Director of Finance be authorized to amend the FY 2010-11 budget as outlined in the staff report dated April 18, 2011 from the Director of Finance. The motion carried with McCammack voting "no" and Marquez absent. 14. Request for Civic and Promotional funding for 4th of July Celebration at Arrowhead Credit Union Park Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that $12,500 in Civic & Promotional funding be approved to conduct the 2011 4'" of July Celebration at Arrowhead Credit Union Park. The motion carried with McCammack voting "no" and Marquez absent. 15. RES. 2011-97 -Resolution of the City of San Bernardino ratifying the submittal of a National Institute of Justice Grant application `Solving Cold Case Homicides Using DNA' and authorizing the obligation and expenditure of the $277,778 grant award. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2011-97 was adopted with Marquez absent. ~ o5ioz/zo t t 16. RES. 2011-98 -Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the FY 2011/2012 ABC Grant Assistance Program application and authorizing the San Bernardino Police Department to accept and administer the grant funds upon award by the Department of Alcoholic Beverage Control (ABC). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-98 was adopted with Marquez absent. 17. Public Hearing -Resolution imposing liens on property located within the City of San Bernardino for uncollected Business Registration fees RES. 2011-99 -Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack noted that some of the properties are rentals and haven't been rented for over a year. She questioned whether the City can still charge them for a permit under such circumstance. City Clerk Clark answered that it was her understanding that it could. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2011-99 was adopted with Marquez absent. 18. Public Hearing -Resolution adopting General Plan Amendment No. 10-02 RES. 2011-100 - A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 10-02 to change the land use designation from Office Industrial Park (OIP) to Commercial General (CG-1), Commercial Office (CO), and Residential Urban (RU) on approximately 4.5 acres on the west side of Waterman Avenue, extending from Rialto Avenue to Third Street. Mayor/Chairman Morris opened the hearing. 8 05/02/2011 Council Member/Commissioner Johnson stated that the property was within 500 feet of his employment so he would abstain to avoid the appearance of a conflict. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McCammack stated that the applicant is asking for the land use to be changed to Commercial General for existing and planned general commercial land uses desired by the property owners that would not be permitted in the light industrial use district. The staff report also states that the buildings that were built there were built not for Office Industrial, but for Commercial while it was an Office Industrial land use. She stated that that didn't make any sense to her. Terri Rahhal, City Planner, stated that the existing buildings that are there, which are General Commercial buildings, predate the Office Industrial Park land use classification, which was put on this area in 1989. Ms. McCammack asked why they would change it to a land use that the buildings that were currently there did not support. Ms. Rahhal answered that at the time, that entire Waterman Avenue corridor was rezoned to Office Industrial Park, and this small strip at the northern end of the district probably wasn't considered specifically. No public comments were received. Council Member/Commissioner Brinker 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. 2011-100 was adopted with Johnson abstaining and Marquez absent. 19. Public Hearing - An Ordinance amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code) An Ordinance of the City of San Bernardino amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code), Commercial Districts, to permit movie theaters of four or more screens subject to a Conditional Use Permit in the Downtown Main Street Overlay District. FIRST READING Note: A copy of the proposed ordinance was not included in the backup materials. Mayor/Chairman Morris opened the hearing. 9 05/02/2011 It was noted that staff had requested a continuance of this matter. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/ Commission meeting of May 16, 2011. The motion carried with Marquez absent. 20. City Attorney report on Political Reform Act investigations and prosecutions; policies and procedures followed by the Office on conducting investigations and prosecutions (Continued from April 18, 2011.) Mayor/Chairman Morris noted that the City Attorney had submitted a written report that was contained in the backup materials; therefore, an oral report was not necessary and no formal action was required to receive and file the City Attorney's report. Public Comments: City Attorney Penman, speaking from the public podium, provided his report for the listening audience. Mayor/Chairman Morris declared the report to be received and filed. 21. Reorganization of Print Sbop in the Information Technology Department (Continued from April 18, 2011.) Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried with Marquez absent. COMMiJNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris, Council Members/Commissioners Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: Council Member/Commissioner Marquez. Vacant: Second Ward. l0 05/02/2011 1122. Public Hearing -Relocation Plan -Lugo Senior Apartments, LLC (the "project") (IVDA Redevelopment Project Area) (Continued from April 18, 2011.) CDC/2011-22 -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 adopt the Relocation Housing Plan for Lugo Senior Apartments, LLC and appropriate funds for the implementation of the Relocation Housing Plan. The hearing remained open. Emil Marzullo, Interim Executive Director of the Economic Development Agency, stated that the project is moving forward and under the law the Agency is required to do a relocation plan. He stated that the relocation assistance will be provided in accordance with the standards provided under the State of California relocation law. Council Member/Commissioner McCammack asked staff who the principals are of the Lugo Senior Apartments, LLC. Carey Jenkins, Director of Housing and Community Development, stated that the LLC consists of Meta Housing and Western Community Housing, which is the nonprofit, social service provider that will be the manager of the property once it comes on line. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDC/2011-22 was adopted with Marquez absent. 1223. Public Hearing -Allocations of 2011-2012 Community Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG) funds, and Home Partnership Act (HOME) funds, reallocation of prior years' Community Development Block Grant (CDBG) funds; and the 2011-12 Action Plan and Analysis of Impediments to Fair Housing Choice Actions of the Five-Year Consolidated Plan t t osioznot t RES. 2011-101 -Resolution of the Mayor and Common Council of the City of San Bernardino approving the (1) Community Development Citizen's Advisory Committee ("CDCAC") recommendation of Non-Profit Public Service Providers except for Time for Change Foundation and Santa Claus, Inc. and City Projects for the 2011-2012 Community Development Block Grant ("CDBG") funding; (2) Reallocation of prior years' CDBG Funds; (3) Emergency Shelter Grant ("ESG") Projects funding except for Time for Change Foundation; (4) Home Partnership Act ("HOME") Projects funding; (5) Reallocation of prior years' HOME funds; (~ 2011-2012 Action Plan and Analysis of Impediments to Fair Housing Choice Actions of the Five-Year Consolidated Plan; and (7) authorizing the City Manager to execute and submit Federal Grant applications to the U.S. Department of Housing and Urban Development ("HUD"), take all necessary actions to execute Public Service Agreements with approved non-profit agencies and implement City's CDBG funded projects. (R23A) RES. 2011-102 -Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2011-2012 Action Plan as it pertains solely to the allocation of Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) funds to Time for Change Foundation. (R23B) RES. 2011-103 -Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2011-2012 Action Plan as it pertains solely to the allocation of Community Development Block Grant (CDBG) to Santa Claus, Inc. (R23C) Mayor/Chairman Morris opened the hearing Emil Marzullo, Interim Executive Director of the Economic Development Agency, stated that this action for the 2011-2012 Community Development Block Grant (CDBG) program basically mirrors what the Agency has done in the past. He stated that the federal program provides funds to qualified communities, and San Bernardino is one of those communities. He stated that the three broad objectives of the program are to primarily benefit persons who are of low or moderate income, to eliminate slums and blighted conditions in neighborhoods, and to provide services and programs that meet an urgent need. Under those three broad categories, the Agency has a number of different projects and programs that are provided and recommended for approval by the Mayor and Common Council. Mr. Marzullo provided an overview of the amounts allocated for 2011-2012 in CDBG funds, HOME funds, and ESG funds. He stated that for purposes of the t2 osioznot t nonprofit organizations, allocations are based upon the HUD requirement that the amount cannot exceed 15 percent of the total CDBG grant. He stated that staff put out a broad solicitation to community nonprofit and community-based organizations, that could apply for a maximum amount of $15,000 each. He stated that those applications were then reviewed by staff and determined to be eligible or ineligible. If eligible, they were then submitted to a citizen's committee, which the Mayor and Council have essentially created. The applications were then ranked, graded and recommended for funding or not. That recommendation was then sent to the Redevelopment Committee, and those applications are before the Council tonight, as well as the broader programs relative to the City functions of code enforcement, library improvements, senior center improvements, mobile home inspection, and street light installation. Council Member/Commissioner McCammack stated that Neighborhood Housing Services, which was included on one of the lists, is a business client so she would have to abstain from voting on Resolution A. Council Member/Commissioner Brinker stated that his wife has two clients, Time for Change Foundation and Santa Claus, Inc., and they were going to be presented sepazately as Resolutions B and C. He stated that he would participate in the discussion and vote of Resolution A and then excuse himself from the meeting. City Attorney Penman stated that he must abstain because one of the nonproFits is the Salvation Army Board and his spouse is on that boazd. Although that is not a legal conflict, it is the appeazance of a conflict so his office has abstained on this item and Agency Counsel Sabo has reviewed the documents. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Tony Bocanegra, Sinfonia Mexicana, stated they were rejected for CDBG funds because they were late in submitting their application. He stated that by rejecting them it affects the community as a whole and asked that the Council reverse this decision. Linda Pederson, St. John's Community Success Center, thanked staff for their support in previous years. She spoke briefly of the youth they serve, stating that this year they had been recommended to receive $10,000, but would really like an additional $5,000 if any funds are left over. 13 05/02/2011 Stephen Howard, Frazee Community Center, stated that due to various reasons they were late in submitting their application and, therefore, had been denied any CDBG funding. He requested that the Council reverse this decision, stating that they would like to receive $15,000. Roberto Martinez, Boys & Girls Club of Redlands, who runs the Waterman Gazdens location on Alder in San Bernardino, stated that they are looking for funds for their teen program. They were awarded $10,000, but would like an increase to $15,000. Discussion ensued regazding vazious other funding alternatives for Sinfonia Mexicana and Frazee Community Center, such as Civic and Promotional funding, the Fine Arts Commission budget, and possible distribution of funds that have usually been allocated to Central Lutheran, since they are closing their doors. Mayor/Chairman Morris pointed out that both St. John's Community Success Center and the Boys & Girls Club had been granted $10,000 each, while the Frazee Community Center and the Sinfonia Mexicana had received no funds. He suggested that the Council/Commission could allocate an amount that they agree upon to Frazee and the Sinfonia by reducing every other grant equally to obtain the funding. Council Member/Commissioner Brinker stated that if they were going to consider taking money from all of the organizations recommended to receive CDBG funding, that would include Time for Change and Santa Claus, Inc.; therefore, he would have to abstain on item A (he had already declared a conflict on B and C). Since Ms. McCammack had already declazed a conflict on item A, this would leave less than a quorum to vote on the item. City Attorney Penman advised that there was a procedure in the Government Code that if a number of council members abstain due to a conflict and there are not enough votes left to vote on the item, that the council members with the conflict draw straws or flip a coin. Ms. McCammack returned to the Council Chambers and was allowed to make the call on the coin toss. Mayor/Chairman Morris stated that whoever won the coin toss would stay and vote. Ms. McCammack called "heads." Mayor/Chairman Morris flipped the coin, and "tails" won. Ms. McCammack left the Council Chambers and Mr. Brinker remained to vote. to osiozizot t Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that Resolution A be adopted with the following change to the 2011-2012 CDBG allocations: That the allocations for each of the 25 approved organizations be reduced by $500 each for a total of $12,500, which would be split equally between the Frazee Community Center and the Sinfonia Mexicana for an allocation of $6,250 each. The motion carried and Resolution No. 2011-101 was adopted with McCammack abstaining and Marquez absent. Ms. McCammack returned to the Council Chambers and Mr. Brinker exited. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said Resolutions B and C, be adopted. Resolution Nos. 2011-102 and 2011-103 were adopted with Brinker abstaining and Marquez absent. R24. RES. CDC/2011-23 - 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 Agreement for Professional Services by and between the Agency and AECOM for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-23 was adopted with Marquez absent. Note: Subsequent to the meeting, Council Member/Commissioner McCammack realized she should have abstained on this item because AECOM is a business client. Therefore, the item was brought back to the Council/Commission meeting of May 16, 2011 for a re-vote. R25. RES. CDC/2011-24 - 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 Agreement for Professional Services by and between the Agency and Vanir Construction Management, Inc., for Construction Management Services for Theater Square (Central City North Redevelopment Project Area). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-24 was adopted with Marquez absent. is osiozizat i R26. Public Hearing -Crossroad Petroleum, Inc. -Disposition and Development Agreement (Former ARCO AM/PM 542 North Mt. Vernon Avenue) (Mount Vernon Corridor Redevelopment Project Area) Resolution of the Mayor and Common Council of the City of San Bernardino approving and consenting to that certain Disposition and Development Agreement ("DDA") and Lease Agreement ("Lease") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Crossroad Petroleum, Inc. ("Developer") Mt. Vernon Corridor Redevelopment Project Area. (R26A) 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 that certain Disposition and Development Agreement ("DDA") and Lease Agreement ("Lease") by and between the Agency and Crossroad Petroleum, Inc. ("Developer") Mt. Vernon Corridor Redevelopment Project Area. (R26B) Note: No backup materials were distributed. Staff requested a continuance of this item to the next meeting. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of May 16, 2011. The motion carried with Marquez absent. 27. Public Comments Roger Henderson, San Bernardino, CA, stated that 20,000 people had been at Seccombe Lake Park for a Cinco de Mayo celebration over the weekend, yet due to the cleanup efforts of the nine park maintenance personnel and many, many volunteers you would never know that many people had been there celebrating. He thanked the volunteers and encouraged them to keep volunteering. Betty Jean Long, San Bernardino, CA, stated that she is fighting crime in San Bernardino. Latrice Johnson, San Bernardino, CA, stated that she had tried to call Code Enforcement, City management and the Mayor to complain about her rental and got no help. She asked where she should go to get help-that she is on a fixed income and needs help. Mayor Morris suggested that she contact Legal Aid. 16 05/02/2011 Scott Olson, Highland, CA, a mobile home resident, spoke regazding rent control in the City's mobile home parks and the fact that mobile home management staff are not giving copies of the City's rent control ordinance, as required, to their residents. He stated that he has contacted the Economic Development Agency and the City Attorney's office, but no one wants to hear them. Amelia Lopez, San Bernazdino County Department of Public Health, spoke regarding alcohol and drug control in the city of San Bernardino. Linda Pederson, San Bernardino, CA, asked what the City and its employees aze doing that would merit so many lawsuits and what is the solution for the problem. Bob Chairez, representing the Inland Empire Latino Art Association, invited everyone to join them for a reception and art show at the Feldheym Library on May 14 from 12 noon to 3 p.m. James Penman, San Bernardino City Attorney, spoke regarding his responsibility to investigate complaints received by his office. He stated that the Brown Act requires that public meetings be held in public; however, if the Mayor or Council can prevent comments the Brown Act is thwarted. Candace Loya of Congressman Joe Baca's office stated that an Education Summit sponsored by Congressman Baca would be held from 8 a.m. to 12 noon on May 17 in Obershaw Hall at California State University San Bernardino. 36. Adjournment The meeting adjourned at 6:49 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, May 16, 2011. RACHEL G. CLARK City Clerk By: d ~ ~~~ " a"'" Linda E. Hartzel Deputy City Clerk t~ o5/oz/zoo 1 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Vacant Tobin Brinker Fred Shorelt Chos Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 2, 201 I COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:36 p.m., Monday, May 2, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Brinker, Shorett, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Members/Commissioners Marquez, Kelley. Vacant: Second Ward. Council Member/Commissioner Kelley arrived at 1:44 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a). 1 05/02/2011 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 Monique Castaneda & Mary Guisa 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: APN: 0142-522-10 2669 West 5th Street, San Bernardino, CA 92410 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as agent for the San Bernardino City Housing Authority Under Negotiation: Lease terms and conditions. 2. Property Address: APN: 0142-522-26 2618 West 5th Street, San Bernardino, CA 92410 2 05/02/2011 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as agent for the San Bernardino City Housing Authority Under Negotiation: Lease terms and conditions. 3. Property Address: APN: 0134-054-07,08, & 09 746 West 51h Street, San Bernardino, CA APN: 0134-053-20,21,22,23,25 & 26 Spruce Street vacant parcels, San Bernardino, CA Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as agent for the San Bernardino Economic Development Corporation Under Negotiation: Lease terms and conditions. Central City North Redevelopment Project Area 4. Property Address: Agency-owned former CinemaStar Theater 41h and "E" Streets, San Bernardino Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and John Roper on behalf of Regal/Edwards Entertainment Company Under Negotiation: Lease rate, terms and conditions. City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item No. lA, existing litigation: Human Potential Consultants v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVDS 917268; People of the State of California v. Margaret Sherman, et al. - San Bernardino County Superior Court, Case No. CIVDS 917881; 3 05/02/2011 Jose Rivera, Ericka Rivera, Andrew Rivera, a minor, and Cynthia Rivera, a minor v. City of San Bernardino, et al. - Riverside County Superior Court, Case No. RIC 10022468. Under Agenda Item No. lB, significant exposure to litigation: Claim of Nova Burch 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, Community Development Commission, and San Bernardino City Housing Authority. Moment of Silence A moment of silence was observed in memory of former Sixth Ward Council members Norris P. Gregory, Jr., and Valerie Pope-Ludlam. Invocation/Pledge of Allegiance The invocation was given by Reverend David McGlocklin of St. Paul's United Methodist Church. The pledge of allegiance was led by Cynthia Chaparro, a fifth grade student at Lytle Creek Elementary School. 2. Reappointment - Dennis Reichardt - Civil Service Board - Mayor Morris Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the reappointment of Dennis Reichardt to the Civil Service Board, as requested by Mayor Morris, be approved. The motion carried with Marquez absent. 3. Proclamations & Presentations Council Member Brinker presented the Citizen of the Month Award to longtime community volunteer Rita Arias. Mayor Morris presented a proclamation to Jack Hill of the San Bernardino Area Chamber of Commerce declaring the month of Mayas Law Enforcement Month. Mitch Alderman of SANBAG provided an update on the Downtown San Bernardino and Redlands Passenger Rail Projects and announced that there would be public information meetings on May 11 at the ESRI Cafe in Redlands, May 12 at the Santa Fe Depot in San Bernardino, and a scoping meeting on May 17 at the SANBAG lobby located at the Santa Fe Depot. 4 05/02/2011 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 and 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, Community Development Commission, and San Bernardino City Housing Authority dated May 2, 2011, be waived. The motion carried with Marquez absent. 6. Item Deleted 7. Claims and 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 April 26, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried with Marquez absent. 8. Personnel Actions Council Member/Commissioner McCammack stated that she did not support Personnel Item Nos. 4 and 5 (call taker positions); therefore, she would be voting "no." Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated April 28, 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 with McCammack voting "no" and Marquez absent. 9. Public Pension Reform Council Member/Commissioner Brinker submitted a document titled, "QUESTIONS ABOUT PUBLIC PENSIONS" which contained questions that he wanted to be answered at the time of the proposed public pension reform presentation. 5 05/02/2011 Public Comments: Robert Jenkins, San Bernardino, CA. Laurie Stalnaker. Shirley Harlan, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that staff be directed to make a preseqtation for the Mayor and Common Council on public pension reform within 60 days. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner Brinker, that if the public pension reform presentation is brought back, that it be brought back in a workshop format. The motion failed with Kelley and McCammack voting "no" and Marquez absent. The original motion made by Council Member/Commissioner Brinker, seconded by Council Member/Commissioner Johnson, that staff be directed to make a presentation for the Mayor and Common Council on public pension reform within 60 days failed with Kelley, Johnson and McCammack voting "no" and Marquez absent. 10. RES. 2011-94 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Use of Facilities Agreement between the City of San Bernardino and the Coast Soccer League for use of the San Bernardino Soccer Complex for a 5-year period. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-94 was adopted with Marquez absent. 11. RES. 2011-96 - Resolution of the Mayor and Common Council of the City of San Bernardino accepting the donations from Petfmder .com and HEAL Organization, and authorizing the purchasing manager to increase the purchase orders assigned to Victor Medical Company for a combined total 0($33,516 for FY 2010-11. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2010-11 budget as outlined in the staff report dated April 16, 2011, from the Chief of Police. The motion carried and Resolution No. 2011-96 was adopted with Marquez absent. 6 05/02/2011 12. RES. 2011-95 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order in the amount of $105,806.05 to Burbank Recycling, Inc. for Municipal Solid Waste Disposal Services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-95 was adopted with Marquez absent. 13. Mid-Year Budget Review for FY 2010-2011 Relative to borrowing against next year's budget to balance the City Attorney's budget this year, Council Member/Commissioner McCammack stated that she thought there were legal, constitutional requirements for loans and she didn't believe, based on the California State Constitution, that they could loan money against a budget that has not yet been approved for appropriations that have not yet been made. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the FY 2010-11 Mid-Year Report be received and filed; and that the Director of Finance be authorized to amend the FY 2010-11 budget as outlined in the staff report dated April 18, 2011 from the Director of Finance. The motion carried with McCammack voting "no" and Marquez absent. 14. Request for Civic and Promotional funding for 4th of July Celebration at Arrowhead Credit Union Park Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that $12,500 in Civic & Promotional funding be approved to conduct the 2011 4th of July Celebration at Arrowhead Credit Union Park. The motion carried with McCammack voting "no" and Marquez absent. 15. RES. 2011-97 - Resolution of the City of San Bernardino ratifying the submittal of a National Institute of Justice Grant application 'Solving Cold Case Homicides Using DNA' and authorizing the obligation and expenditure of the $277,778 grant award. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2011-97 was adopted with Marquez absent. 7 05/02/2011 16. RES. 2011-98 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the FY 2011/2012 ABC Grant Assistance Program application and authorizing the San Bernardino Police Department to accept and administer the grant funds upon award by the Department of Alcoholic Beverage Control (ABC). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-98 was adopted with Marquez absent. 17. Public Hearing - Resolution imposing liens on property located within the City of San Bernardino for uncollected Business Registration fees RES. 2011-99 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected Business Registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack noted that some of the properties are rentals and haven't been rented for over a year. She questioned whether the City can still charge them for a permit under such circumstance. City Clerk Clark answered that it was her understanding that it could. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2011-99 was adopted with Marquez absent. 18. Public Hearing - Resolution adopting General Plan Amendment No. 10-02 RES. 2011-100 - A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 10-02 to change the land use designation from Office Industrial Park (OIP) to Commercial General (CG-1), Commercial Office (CO), and Residential Urban (RU) on approximately 4.5 acres on the west side of Waterman A venue, extending from Rialto A venue to Third Street. Mayor/Chairman Morris opened the hearing. 8 05/02/2011 Council Member/Commissioner Johnson stated that the property was within 500 feet of his employment so he would abstain to avoid the appearance of a conflict. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McCammack stated that the applicant is asking for the land use to be changed to Commercial General for existing and planned general commercial land uses desired by the property owners that would not be permitted in the light industrial use district. The staff report also states that the buildings that were built there were built not for Office Industrial, but for Commercial while it was an Office Industrial land use. She stated that that didn't make any sense to her. Terri Rahhal, City Planner, stated that the existing buildings that are there, which are General Commercial buildings, predate the Office Industrial Park land use classification, which was put on this area in 1989. Ms. McCammack asked why they would change it to a land use that the buildings that were currently there did not support. Ms. Rahhal answered that at the time, that entire Waterman Avenue corridor was rezoned to Office Industrial Park, and this small strip at the northern end of the district probably wasn't considered specifically. No public comments were received. Council Member/Commissioner Brinker 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. 2011-100 was adopted with Johnson abstaining and Marquez absent. 19. Public Hearing - An Ordinance amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code) An Ordinance of the City of San Bernardino amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code), Commercial Districts, to permit movie theaters of four or more screens subject to a Conditional Use Permit in the Downtown Main Street Overlay District. FIRST READING Note: A copy of the proposed ordinance was not included III the backup materials. Mayor/Chairman Morris opened the hearing. 9 05/02/2011 It was noted that staff had requested a continuance of this matter. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/ Commission meeting of May 16, 2011. The motion carried with Marquez absent. 20. City Attorney report on Political Reform Act investigations and prosecutions; policies and procedures followed by the Office on conducting investigations and prosecutions (Continued from April 18, 2011.) Mayor/Chairman Morris noted that the City Attorney had submitted a written report that was contained in the backup materials; therefore, an oral report was not necessary and no formal action was required to receive and file the City Attorney's report. Public Comments: City Attorney Penman, speaking from the public podium, provided his report for the listening audience. Mayor/Chairman Morris declared the report to be received and filed. 21. Reorganization of Print Shop in the Information Technology Department (Continued from April 18, 2011.) Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried with Marquez absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris, Council Members/Commissioners Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: Council Member/Commissioner Marquez. Vacant: Second Ward. 10 05/02/2011 R22. Public Hearing - Relocation Plan - Lugo Senior Apartments, LLC (the "project") (lVDA Redevelopment Project Area) (Continued from April 18, 2011.) CDC/2011-22 - 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 adopt the Relocation Housing Plan for Lugo Senior Apartments, LLC and appropriate funds for the implementation of the Relocation Housing Plan. The hearing remained open. Emil Marzullo, Interim Executive Director of the Economic Development Agency, stated that the project is moving forward and under the law the Agency is required to do a relocation plan. He stated that the relocation assistance will be provided in accordance with the standards provided under the State of California relocation law. Council Member/Commissioner McCarnmack asked staff who the principals are of the Lugo Senior Apartments, LLC. Carey Jenkins, Director of Housing and Community Development, stated that the LLC consists of Meta Housing and Western Community Housing, which is the nonprofit, social service provider that will be the manager of the property once it comes on line. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDC/2011-22 was adopted with Marquez absent. R23. Public Hearing - Allocations of 2011-2012 Community Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG) funds, and Home Partnership Act (HOME) funds, reallocation of prior years' Community Development Block Grant (CDBG) funds; and the 2011-12 Action Plan and Analysis of Impediments to Fair Housing Choice Actions of the Five-Year Consolidated Plan 11 05/02/2011 RES. 2011-101 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the (1) Community Development Citizen's Advisory Committee ("CDCAC") recommendation of Non-Profit Public Service Providers except for Time for Change Foundation and Santa Claus, Inc. and City Projects for the 2011-2012 Community Development Block Grant ("CDBG") funding; (2) Reallocation of prior years' CDBG Funds; (3) Emergency Shelter Grant ("ESG") Projects funding except for Time for Change Foundation; (4) Home Partnership Act ("HOME") Projects funding; (5) Reallocation of prior years' HOME funds; (6) 2011-2012 Action Plan and Analysis of Impediments to Fair Housing Choice Actions of the Five-Year Consolidated Plan; and (7) authorizing the City Manager to execute and submit Federal Grant applications to the U.S. Department of Housing and Urban Development ("HUD") , take all necessary actions to execute Public Service Agreements with approved non-profit agencies and implement City's CDBG funded projects. (R23A) RES. 2011-102 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2011-2012 Action Plan as it pertains solely to the allocation of Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) funds to Time for Change Foundation. (R23B) RES. 2011-103 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2011-2012 Action Plan as it pertains solely to the allocation of Community Development Block Grant (CDBG) to Santa Claus, Inc. (R23C) Mayor/Chairman Morris opened the hearing. Emil Marzullo, Interim Executive Director of the Economic Development Agency, stated that this action for the 2011-2012 Community Development Block Grant (CDBG) program basically mirrors what the Agency has done in the past. He stated that the federal program provides funds to qualified communities, and San Bernardino is one of those communities. He stated that the three broad objectives of the program are to primarily benefit persons who are of low or moderate income, to eliminate slums and blighted conditions in neighborhoods, and to provide services and programs that meet an urgent need. Under those three broad categories, the Agency has a number of different projects and programs that are provided and recommended for approval by the Mayor and Common Council. Mr. Marzullo provided an overview of the amounts allocated for 2011-2012 in CDBG funds, HOME funds, and ESG funds. He stated that for purposes of the 12 05/02/2011 nonprofit organizations, allocations are based upon the HUD requirement that the amount cannot exceed 15 percent of the total CDBG grant. He stated that staff put out a broad solicitation to community nonprofit and community-based organizations, that could apply for a maximum amount of $15,000 each. He stated that those applications were then reviewed by staff and determined to be eligible or ineligible. If eligible, they were then submitted to a citizen's committee, which the Mayor and Council have essentially created. The applications were then ranked, graded and recommended for funding or not. That recommendation was then sent to the Redevelopment Committee, and those applications are before the Council tonight, as well as the broader programs relative to the City functions of code enforcement, library improvements, senior center improvements, mobile home inspection, and street light installation. Council Member/Commissioner McCammack stated that Neighborhood Housing Services, which was included on one of the lists, is a business client so she would have to abstain from voting on Resolution A. Council Member/Commissioner Brinker stated that his wife has two clients, Time for Change Foundation and Santa Claus, Inc., and they were going to be presented separately as Resolutions Band C. He stated that he would participate in the discussion and vote of Resolution A and then excuse himself from the meeting. City Attorney Penman stated that he must abstain because one of the nonprofits is the Salvation Army Board and his spouse is on that board. Although that is not a legal conflict, it is the appearance of a conflict so his office has abstained on this item and Agency Counsel Sabo has reviewed the documents. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Tony Bocanegra, Sinfonia Mexicana, stated they were rejected for CDBG funds because they were late in submitting their application. He stated that by rejecting them it affects the community as a whole and asked that the Council reverse this decision. Linda Pederson, St. John's Community Success Center, thanked staff for their support in previous years. She spoke briefly of the youth they serve, stating that this year they had been recommended to receive $10,000, but would really like an additional $5,000 if any funds are left over. 13 05/02/2011 Stephen Howard, Frazee Community Center, stated that due to various reasons they were late in submitting their application and, therefore, had been denied any CDBG funding. He requested that the Council reverse this decision, stating that they would like to receive $15,000. Roberto Martinez, Boys & Girls Club of Redlands, who runs the Waterman Gardens location on Alder in San Bernardino, stated that they are looking for funds for their teen program. They were awarded $10,000, but would like an increase to $15,000. Discussion ensued regarding various other funding alternatives for Sinfonia Mexicana and Frazee Community Center, such as Civic and Promotional funding, the Fine Arts Commission budget, and possible distribution of funds that have usually been allocated to Central Lutheran, since they are closing their doors. Mayor/Chairman Morris pointed out that both St. John's Community Success Center and the Boys & Girls Club had been granted $10,000 each, while the Frazee Community Center and the Sinfonia Mexicana had received no funds. He suggested that the Council/Commission could allocate an amount that they agree upon to Frazee and the Sinfonia by reducing every other grant equally to obtain the funding. Council Member/Commissioner Brinker stated that if they were going to consider taking money from all of the organizations recommended to receive CDBG funding, that would include Time for Change and Santa Claus, Inc.; therefore, he would have to abstain on item A (he had already declared a conflict on B and C). Since Ms. McCammack had already declared a conflict on item A, this would leave less than a quorum to vote on the item. City Attorney Penman advised that there was a procedure in the Government Code that if a number of council members abstain due to a conflict and there are not enough votes left to vote on the item, that the council members with the conflict draw straws or flip a coin. Ms. McCammack returned to the Council Chambers and was allowed to make the call on the coin toss. Mayor/Chairman Morris stated that whoever won the coin toss would stay and vote. Ms. McCammack called "heads." Mayor/Chairman Morris flipped the coin, and "tails" won. Ms. McCammack left the Council Chambers and Mr. Brinker remained to vote. 14 05/02/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that Resolution A be adopted with the following change to the 2011-2012 CDBG allocations: That the allocations for each of the 25 approved organizations be reduced by $500 each for a total of $12,500, which would be split equally between the Frazee Community Center and the Sinfonia Mexicana for an allocation of $6,250 each. The motion carried and Resolution No. 2011-101 was adopted with McCammack abstaining and Marquez absent. Ms. McCammack returned to the Council Chambers and Mr. Brinker exited. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said Resolutions B and C, be adopted. Resolution Nos. 2011-102 and 2011-103 were adopted with Brinker abstaining and Marquez absent. R24. RES. CDC/2011-23 - 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 Agreement for Professional Services by and between the Agency and AECOM for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-23 was adopted with Marquez absent. Note: Subsequent to the meeting, Council Member/Commissioner McCammack realized she should have abstained on this item because AECOM is a business client. Therefore, the item was brought back to the Council/Commission meeting of May 16, 2011 for are-vote. R25. RES. CDC/2011-24 - 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 Agreement for Professional Services by and between the Agency and Vanir Construction Management, Inc., for Construction Management Services for Theater Square (Central City North Redevelopment Project Area). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-24 was adopted with Marquez absent. 15 05/02/2011 R26. Public Hearing - Crossroad Petroleum, Inc. - Disposition and Development Agreement (Former ARCO AMIPM 542 North Mt. Vernon Avenue) (Mount Vernon Corridor Redevelopment Project Area) Resolution of the Mayor and Common Council of the City of San Bernardino approving and consenting to that certain Disposition and Development Agreement ("DDA") and Lease Agreement ("Lease") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Crossroad Petroleum, Inc. ("Developer") Mt. Vernon Corridor Redevelopment Project Area. (R26A) 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 that certain Disposition and Development Agreement ("DDA") and Lease Agreement ("Lease") by and between the Agency and Crossroad Petroleum, Inc. ("Developer") Mt. Vernon Corridor Redevelopment Project Area. (R26B) Note: No backup materials were distributed. Staff requested a continuance of this item to the next meeting. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of May 16, 2011. The motion carried with Marquez absent. 27. Public Comments Roger Henderson, San Bernardino, CA, stated that 20,000 people had been at Seccombe Lake Park for a Cinco de Mayo celebration over the weekend, yet due to the cleanup efforts of the nine park maintenance personnel and many, many volunteers you would never know that many people had been there celebrating. He thanked the volunteers and encouraged them to keep volunteering. Betty Jean Long, San Bernardino, CA, stated that she is fighting crime in San Bernardino. Latrice Johnson, San Bernardino, CA, stated that she had tried to call Code Enforcement, City management and the Mayor to complain about her rental and got no help. She asked where she should go to get help-that she is on a fixed income and needs help. Mayor Morris suggested that she contact Legal Aid. 16 05/02/2011 Scott Olson, Highland, CA, a mobile home resident, spoke regarding rent control in the City's mobile home parks and the fact that mobile home management staff are not giving copies of the City's rent control ordinance, as required, to their residents. He stated that he has contacted the Economic Development Agency and the City Attorney's office, but no one wants to hear them. Amelia Lopez, San Bernardino County Department of Public Health, spoke regarding alcohol and drug control in the city of San Bernardino. Linda Pederson, San Bernardino, CA, asked what the City and its employees are doing that would merit so many lawsuits and what is the solution for the problem. Bob Chairez, representing the Inland Empire Latino Art Association, invited everyone to join them for a reception and art show at the Feldheym Library on May 14 from 12 noon to 3 p.m. James Penman, San Bernardino City Attorney, spoke regarding his responsibility to investigate complaints received by his office. He stated that the Brown Act requires that public meetings be held in public; however, if the Mayor or Council can prevent comments the Brown Act is thwarted. Candace Loya of Congressman Joe Baca's office stated that an Education Summit sponsored by Congressman Baca would be held from 8 a.m. to 12 noon on May 17 in Obershaw Hall at California State University San Bernardino. 36. Adjournment The meeting adjourned at 6:49 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1 :30 p.m., Monday, May 16, 2011. RACHEL G. CLARK City Clerk By: ~ 2 JJd;J Linda E. Hartzel Deputy City Clerk 17 05/02/2011 CITY OF SAN BERNARDINO 300 N. `D "Street San Bernardino, CA 92418 Website: www.sbcity.org MINT iTF.C Mayor Patrick J, Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker FYed Shoreit Chas Kelley Rikke Van Johnson Wendy McCammack MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JUNE 16, 2010 ECONOMIC DEVELOPMENT AGENCY BOARDROOM This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission held at 5 p.m., Tuesday, June 15, 2010, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. The joint adjourned 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 5:09 p.m., Wednesday, June 16, 2010, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman, City Manager McNeely, City Clerk Clark. Absent: None. 06/16/2010 1 2. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). 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. C. Conference with legal counsel -anticipated litigation -initiation of litigation -pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session -personnel -pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator -pursuant to Government Code Section 54957.6: G. Conference with real property negotiator -pursuant to Government Code Section 54956.8. Budget Workshop and Deliberations -Fiscal Year 2010/11 -City, Capital Improvement Program & EDA Budgets Budget presentations were made by representatives from the following departments: Community Development, Police, and Fire. Public Comments Roxana Velasco, City employee for 25 years, stated that health insurance was now costing her family $500 per month and spoke against a 15 percent across the board cut for City departments. 2 obitaizoto 3. Adjournment At 8:09 p.m. the meeting adjourned to 4 p.m., Thursday, June 17, in the Economic Development Agency Boardroom. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, Tune 21, 2010. RACHEL G. CLARK City Cplerk By: G Linda E. Hartzel Deputy City Clerk 3 06/ 16/2010 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 Jolntsmt Wendy MrCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED MEETING JUNE 17, 2010 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET SAN BERNARDINO, CALIFORNIA This is the time and place designated for a joint adjourned meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission held at 5:00 p.m., Wednesday, June 16, 2010, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. The joint adjourned meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor Morris at 4:12 p.m. on Thursday, June 17, 2010, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Present: Mayor Morris; Council Members/Commissioners Marquez, Desjardins (arrived at 4:40 p.m.); Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark, Dr. Bill Mathis, workshop facilitator Absent: None 1. Closed Session Pursuant to Government Code Section(s): 06/ 17/2010 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). 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. C. Conference with legal counsel -anticipated litigation -initiation of litigation -pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session -personnel -pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities -pursuant to Government Code Section 54957. F. Conference with labor negotiator -pursuant to Government Code Section 54957.6. G. Conference with real property negotiator -pursuant to Government Code Section 54956.8. Note: The Mayor and Common Council did not recess to Closed Session during this meeting. 2. Follow-up to Mayor and Common Council Retreat/Workshop A. Continue development of Operating Guidelines B. City Charter change discussion Mayor Morris stated that this workshop was being held to discuss the last phase of the Code of Conduct guidelines that he hoped the Council would ultimately adopt. He noted that staff had distributed a colored copy of the guidelines and the changes that had been made thus far and which the Council had agreed upon. Assistant City Manager Debra Kurita proceeded to explain the changes that have been made and she noted that following this workshop, they will prepare a final version to incorporate al] of the changes. 2 06/1712010 Discussion began concerning Role of Mavor and Common Council Regarding Council Meetings on Page 5 of 9 of the "Building a Better Community" Operational Guidelines. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that items 1 through 7 on pages 5 and 6, under the heading of Role of Mavor and Common Council Regarding Council Meetings be approved with the following changes: Item 2 should read as follows: Councilmembers should indicate to the Mayor that they want to speak. The Mayor will acknowledge them before they begin to speak and the Mayor should acknowledge speakers in the order in which they seek recognition. Under item 4, the first sentence should read: Once a vote is taken on an issue, Council members are encouraged to support the decision .... The motion carried with Desjardins absent. The next topic for discussion was Role of City Staff Regarding Council Meetings on page 6 of 9 of the "Building a Better Community" Operational Guidelines. Public Comments: Warner Hodgdon, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that items 1 through 6 on page 6, under the heading of Role of City Staff Regarding Council Meetings be approved with the following changes: Item 1 should read: City staff should provide written analysis and information on all agenda items emanating from their respective departments as soon as it is available. Additionally, a copy of the materials, including technical reports, will be available to the public in compliance with the Brown Act. Item 5 should read: Stajf will remain objective in their presentation of the recommendations on issues before the Mayor and Common Council. The motion carried unanimously. Discussion followed concerning the agenda process and the possibility of changing the Council meeting days. It was the consensus of the Mayor and Council that the City Manager, City Clerk, City Attorney, and Interim Director of the Economic Development Agency to look at the agenda process and deadlines and come up with recommendations. The Mayor and Council proceeded to discuss Role of The Public During Council Meetings on page 6 of 9 of the "Building a Better Community" Operational Guidelines. 3 06/ 17/2010 Council Member/Commissioner McCarrunack made a motion, seconded by Council Member/Commissioner Johnson, that items 1 through 4 on pages 6 and 7, under the heading of Role of the Public During Council Meetings be approved. The motion carried unanimously. Discussion ensued concerning Proposed Standing And Ad Hoc Council Committees Guidelines on pages 7 to 9 of the "Building a Better Community" Operational Guidelines. Council MemberlCommissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that items 1 through 8 on pages 7 and 8, under the heading of Standing Committees be approved with the following changes: Item 1, Policy, should read as follows: It is the policy of the Mayor and Common Council to use standing committees in open and public meetings to study City Business in greater depth than is possible in the time allotted for Council meetings. Item 5, Referrals, should be deleted; and, Item 8, Report of Committee, should read as follows: The tninutes of each committee meeting shall serve as the report to the Mayor and Common Council. Any member may write a separate report. Council staff will compile and present a quarterly report to the full Council of a list of items pending by title, sponsor, and the date it was placed and the department responsible. The motion carried unanimously. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the remaining items on pages 8 and 9 (items 9 through 12 and Ad Hoc Committees be approved with the following change: Item 11, Conduct of Standing Committee Meetings, should read as follows: The chairperson of each committee may conduct meetings with as much informality as is consistent with Mayor and Common Council procedural rules for Meetings, which shah also be in effect during committee meetings. The views of interested private citizens shall be heard in committee meetings, but in no case shall a committee meeting be used as a szzbstitute for public heariztgs required by law. The motion carried unanimously. Discussion followed concerning changes to the City Charter. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, to table Agenda Item No. 2B -City Charter Change Discussion. The motion carried with Brinker, Shorett, and Johnson voting "no." 3. Public Comments No public comments were received. 4 06!17(2010 Adjournment At 6:21 p.m., the workshop was adjourned. The next joint regulaz meeting of the Mayot and Common Council/Community Development Commission is scheduled for Monday, June 21, 2010, in the Council Chambers of City Hall. RACHEL G. CLARK, CMC City Clerk 06/17/2010