HomeMy WebLinkAbout05-02-2011 MinutesCITY OF SAN BERNARDINO
300 N. "D "Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morns
Council Members:
Virginia Marquez
vacant
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCanunack
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).
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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 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 Yh Street, San Bernardino, CA
92410
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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. 1A, 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;
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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 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 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.
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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.
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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 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 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.
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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.
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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.
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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.
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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") (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.
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
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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 () 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 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 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.
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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 Q. 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.
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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.
15 05/02/2011
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.
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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: 0 ��
Linda E. Hartzel
Deputy City Clerk
17 05/02/2011