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HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayo, Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 1,2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:38 p.m., Monday, March I, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RoIl CaIl Present: Mayor/Chairman Morris; Council Members/Commissioners Brinker, Shorett, Johnson, McCarnmack; Senior Deputy City Attorney Grider, City Manager McNeely; City Clerk Clark. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner KeIley arrived at 1:51 p,m. FoIlowing the inaugural reception, newly-elected Council Members Marquez and Desjardins took their seats at the dais, I. Closed Session Pursuant to Government Code Section(s): 03/0112010 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Jan and Dan Batey v. City of San Bernardino - San Bernardino County Superior Court, Case No. SCVSS 141503; Citizens for Responsible Equitable Environmental Development v. City - San Bernardino County Superior Court, Case No. CIVDS 918169; City of San Bernardino Municipal Water Department v. The United States Department of The Army - United States District Court, Case Nos. CV 96-8867 & CV 96-5205. 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 Darren A. Johnson, Sr. Two (2) Cases 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 Lorelier Geri Franske v. Joshua B. and Doreen Lim - San Bernardino County Superior Court, Case No. CIVDS 903488. D. Closed Session - personnel - pursuant to Government Code Section 54957: Employee Contract - Fire Chief 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. 2 03/0112010 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Sr. Deputy City Attorney Grider announced that the following additional cases would be discussed in closed session: Under Agenda Item No. lA, existing litigation: Susan Hulse v. LAFCO and the City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1002077. Under Agenda Item No. IB, significant exposure to litigation: Agenda Item No. 16. Under Agenda Item IG, conference with real property negotiator: Property Address: 825 Central Avenue Negotiating Parties: Emil Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Thomas Taugher on behalf of Kohl's Department Store. Under Negotiation: Terms and conditions for the City to acquire an interest in real property through covenants and conditions. Public Comments on Closed Session Items Susan Hulse, San Bernardino, CA, stated that she was forced to file a lawsuit challenging the six annexations of Arrowhead Springs because she feels that LAFCO is misusing the law in a way that affects the rights of the property owners to be fully informed of what is going on and to protest the annexations. She does not appreciate the way LAFCO is forcing cities to annex unincorporated islands as a trade-off to more favorable annexations, like Arrowhead Springs, and involving cities in what she believes is LAFCO's illegal interpretation of the law, especially in light of the fact that the cities have to hold harmless and defend the actions of LAFCO. She alleged that LAFCO and the City are racing ahead to implement the changes for the islands in a way that is confusing, misleading and detrimental to the affected property owners. Ms. Hulse stated that it is important for the City Council to review the minutes of all of the LAFCO meetings held since April 19, 2006, and she provided pages of interest from each of the meetings. She recommended that the Council review the policies and practices of the LAFCO commission prior to continuing the annexation of additional 3 03/01/2010 areas, and she asked that the City hold off on any changes until after the courts have had an opportunity to determine the validity of the annexation. Closed Session Announcement City Clerk Clark announced that in closed session Council Member/ Commissioner McCarnmack made a motion, seconded by Council Member/ Commissioner Johnson, to approve the City of San Bernardino Municipal Water Department v. United States Department of the Army Institutional Controls Groundwater Management Program Agreement and authorized the Mayor to sign the agreement. The motion carried unanimously, Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, to approve an Amendment to the Employment Agreement between the City and Michael Conrad, Fire Chief, with the exception of Item No.3 in the Amended Agreement. The motion carried with McCammack voting "no." Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory of Dr. David Langdon Hunter and former San Bernardino City employee Annie Ramos. Invocation/Pledge of Allegiance The invocation was given by the Most Reverend Gerald R. Barnes, Bishop of the Diocese of San Bernardino. The pledge of allegiance was led by Officer William Outlaw, San Bernardino Police Department. Inaugural Ceremony Oaths of office were administered by City Clerk Rachel G. Clark to Mayor Patrick J. Morris, Councilwoman Virginia Marquez, 1" Ward; Councilman Jason Desjardins, 2nd Ward; and Councilman Fred Shorett, 4th Ward, followed by a reception in the lobby of City Hall. 2. Appointments There were no commission appointments. 3. Presentations 4 03/01/2010 introduced committee member Nick Calero who announced that the next event of the bicentennial will be the planting of 200 trees throughout the City of San Bernardino, which will take place on three Saturdays in March--March 13, 20 and 27. Mr. Calero stated that anyone interested in participating could e-mail him at sbtrees2oo@yahoo.com or they could call him at 909-240-5691. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: February 16,2010, The motion carried unanimously, 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 16, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously, 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated March 1, 2010, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 5 03/01/2010 9. Approve the list of Local Stimulus Program (LSP) funded projects, amend the Capital Improvements Program and authorize the Director of Finance to amend the FY 2009/2010 Capital Improvements Budget by increasing the Street Construction account by $2,898,703, Staff requested a two-week continuance. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/ Commission meeting of March 15, 2010. The motion carried with Brinker and Kelley absent. 10. RES. 2010-39 - Resolution of the City of San Bernardino approving Amendment No, 4 to Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Parking Structure (GB04-19), Public Comments: Jay Lindberg, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No, 2010-39 was adopted with Kelley absent. II. RES, 2010-40 - Resolution of the City of San Bernardino approving an Agreement for Services with AECOM for design of the repair of 2nd Street bridge at Warm Creek (SS08-20), Council Member/Commissioner Shorett stated that he had concerns regarding the large discrepancy between the two bids that were submitted and that he could not support this item. Council Member/Commissioner McCarnrnack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No, 2010-40 was adopted with Shorett voting "no," and Kelley absent, 12. RES, 2010-34 - Resolution of the City of San Bernardino approving an Agreement for Services with Transtech Engineers, Inc, for design of the Community Center at AI Gubin Park. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-34 was adopted unanimously, 6 03/01/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No, 2010-34 was adopted unanimously. 13. RES. 2010-35 - Resolution of the City of San Bernardino amending Resolution No, 655 entitled, in part, "A Resolution,.. designating certain streets, or portions thereof as through highways..." and establishing a three- way stop at the intersection of Mayfield Avenue and Fifty-ninth Street, Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No, 2010-35 was adopted unanimously. 14. RES, 2010-36 - Resolution of the City of San Bernardino approving Amendment No, 5 to Services Agreement with AECOM (Formerly LAN Engineering Corporation) for provision of professional project management services for the design of the Mt. Vernon Ave, Viaduct over the BNSF Railroad, Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No, 2010-36 was adopted unanimously. 15. Resolution of Mayor and Conunon Council of the City of San Bernardino authorizing the execution of an agreement with San Manuel Band of Mission Indians to use the City of San Bernardino Police Department's firing range. Council Member/Commissioner McCammack stated that she would be abstaining on this item because San Manuel is a business client. Staff requested a two-week continuance. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of March 15, 2010. The motion carried with McCammack abstaining and Kelley absent, 16. A Resolution of the Mayor and Conunon Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $428,048.37 to Fairview Ford of San Bernardino for the purchase of one (1) Vac-con V311LHA/1300 Jet Rodder truck to be utilized by the Public Services Department Street Division sewer crew, 7 0310112010 17. RES, 2010-37 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $107,000 with two (2) one-year extensions at the City's option to Sloan Vazquez, LLC for a commercial container inventory audit, Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2009/10 budget and transfer $47,000 from Account No. 527- 413-5179 (Dump/Waste Fees) to Account No. 527-411-5502 (Professional! Contractual Services); and that said resolution be adopted. The motion carried and Resolution No. 2010-37 was adopted unanimously. 18. RES. 2010-38 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order in the amount of $603,900 with four (4) one-year extensions at the City's option to Nelson Paving and Grading Corporation (NPG) for asphalt paving and repair services throughout the City of San Bernardino, Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No, 2010-38 was adopted unanimously. 19. RES. 2010-41 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to submit the U.S. Department of Justice Second Chance Act Adult Reentry Initiative Grant and accept the grant award. Public Comments: Joe Arnett, San Bernardino, CA; Jay Lindberg, San Bernardino, CA; Dr. P.H, Miller, San Bernardino, CA; Doug Barr, President and CEO of Goodwill of Southern California, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No, 2010-41 was adopted with Kelley absent. 8 03/01/2010 20. Fee waiver request from Catholic Charities of San Bernardino/Riverside for the 2010 Block Party/Community Health Fair to be held on March 20,2010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that the request from Catholic Charities of San Bernardino/Riverside for indirect funding in the amount of $3,600.61 be approved to assist with the 2010 Block Party/Community Health Fair; and that the Director of Finance be authorized to transfer funds from the 2009/2010 Civic and Promotion Fund to various City departmental accounts, as listed in the staff report dated February 11, 2010, from Charles McNeely, City Manager. The motion carried with Brinker and Kelley absent, 21. An Ordinance of the City of San Bernardino amending the defmition of "Roll-ofT Bin" contained in Section 8,24,060(W), of Chapter 8,24 of the San Bernardino Municipal Code, FIRST READING (Continued from February 16, 2010) Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/Commission meeting of March 15, 2010. The motion carried with Brinker and Kelley absent. 22. 2010 New Mayors and Council Members Academy Conference Update Council Member/Commissioner Shorett gave a brief report on his attendance at the California League of Cities New Mayors and Council Members Conference and workshops held January 20-22,2010. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the report be received and filed. The motion carried with Brinker, Kelley and McCammack absent, PLANNING ITEMS 23. Appeal Hearing - An appeal of the Planning Commission's approval of Conditional Use Permit No, 07-15, a request to expand an existing 129,794 square foot retail commercial building by 41,644 square feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of Highland Avenue at the intersection with Boulder Avenue, at 4210 East HigWand Avenue in the CG-l, Commercial General land use district (Appeal No, 09-03) (Continued from February 16, 2010) The hearing remained open. 9 03/0112010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that the matter be continued to the Council/ Commission meeting of March 15, 2010. The motion carried with Brinker, Kelley and McCanunack absent, COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Shorett, Johnson, McCarnrnack; Senior Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: Council Members/Commissioners Brinker and Kelley. R24. Bogh Engineering, Inc, - Construction Contract for construction of the Eastside Skate Park and handicapped access improvements at Speicher Park, 1535 Arden Avenue, San Bernardino, California (lVDA Redevelopment Project Area) (Continued from February 16, 2010) RES, 2010-42 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Redevelopment Agency of the City of San Bernardino ("Agency") to be the lead Agency for the design and construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area), RES, CDC/2010-7 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Construction Contract by and between the Agency and 80gb Engineering, Inc., for construction of the Eastside Skate Park at Speicher Park located at 1535 Arden Avenue, San Bernardino (IVDA Redevelopment Project Area). Council Member/Commissioner McCarnrnack made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2010-42 and Community Development Commission Resolution No, CDC/2010-7 were adopted with Brinker and Kelley absent, R25. In-N-Out Burger, Inc" a California Corporation - Redevelopment Project Study and Exclusive Right to Negotiate Agreement (Central City North Redevelopment Project Area) 10 03/0112010 RES. CDC/2010-8 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and between the Agency and In- N-Out Burger, Inc" a California Corporation, concerning Agency owned property located at the southeast corner of Sib and "H" Streets (Central City North Redevelopment Project Area). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No, CDC/2010-8 was adopted with Brinker and Kelley absent, 26. Public Comments Jay Lindberg, San Bernardino, CA, stated that he was against the Walmart project (Agenda Item No. 23) because Stater Bros., who pays good middle class wages with health insurance, is being forced to compete with Walmart. who pays third world wages to their employees and offers no health insurance. Jeff Sloan, San Bernardino, CA, spoke regarding a citation he received in late August that he has been trying to resolve, but it is a hardship because he is currently unemployed. Ashlie Delgado, San Bernardino, CA, stated that the Young Visionaries, a youth- led program that advocates against gang gun violence, extended an invitation to the San Bernardino City Council and the community to attend their youth-led town hall meeting to discuss gang and gun issues, which will be held at the Boys and Girls Club on 9th Street in San Bernardino on March 17, 2010, from 6 - 7:30 p.m. She stated that they have declared April as National Teen Violence Awareness Month and will be hosting anti-gang gun violence assemblies and peace rallies throughout the San Bernardino City Unified School District. Warner Hodgdon, San Bernardino, CA, requested that extra copies of the backup materials be made available for the public at the upcoming budget meeting on March 11, 2010. 11 03101/2010 27. Adjournment At 6:13 p.m., the meeting adjourned to 4 p.m., Thursday, March II, 2010, in the Economic Development Agency Boardroom to consider the fiscal Year 2009/10 City and Economic Development Agency mid-year budgets. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, March 15, 2010. RACHEL G, CLARK City Clerk By~JddIl."~ ~ Linda Sutherland Deputy City Clerk 12 03/0112010 ( CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayo, Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING MARCH 11,2010 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "En STREET SAN BERNARDINO, CA 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 regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Monday, March I, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, March I, 2010, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 1 p.m., Tuesday, March 2,2010, on the City Hall breezeway bulletin board. 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 4:10 p.m., Thursday, March 11, 2010, in the Economic Development Agency Boardroom, 201 North "En Street, San Bernardino, California. 1. Closed Session Pursuant to Government Code Section(s): I 03/Il/201O , 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 consider closed session items at this meeting. 2. Mid-Year Budget Review for Fiscal Year 2009/10 The following document was distributed and Charles E. McNeely, City Manager, and Barbara Pachon, Director of Finance provided a detailed overview of the information contained therein: The Budget Challenge: City of San Bernardino, Fiscal Year 2009-2010, Mid Year Presentation, Charles E. McNeely, City Manager, and Barbara Pachon, Director of Finance, dated March 11, 2009 (PowerPoint presentation). Public Comments: Warner Hodgdon, San Bernardino, CA; Joe Arnett, San Bernardino, CA. 2 03/1112010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the FY 2009/10 Mid-Year Budget Report be received and filed; and that the Director of Finance be authorized to amend the FY 2009/10 budget as outlined in the staff report dated March 8, 2010, from Barbara Pachon, Director of Finance. The motion carried with Brinker, Kelley and McCammack voting "no." 3. Presentation of "The State of the Inland Empire and East Valley Economies and the Likely Impacts on the San Bernardino City Budget" by Dr. John Husing Note: The presentation was not distributed; however, it was made available on the City's website after the meeting. Dr. Husing gave a PowerPoint presentation to the Mayor and Common Council followed by a brief question and answer period. No action was taken on this matter. 4. Presentation of the Five-Year General Fund Financial Projections and Budget Balancing Strategies Note: The following report, which was distributed to the Mayor and Common Council, provided detailed information that was summarized in the PowerPoint presentation (Agenda Item No.2): City of San Bernardino, General Fund Financial Projections, Fiscal Years 2010 to 2015. No action was taken on this matter. 5. Adjournment At 8:09 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, March 15, 2010. RACHEL G. CLARK City Clerk BY~.J~ , Linda Sutherland 3 03/11/2010 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris CouncU Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shoret! Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 15, 2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:39 p.m., Monday, March 15, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Johnson; Senior Assistant City Attorney Wilson; City Manager McNeely; City Clerk Clark. Absent: Council Members/Commissioners Kelley, McCammack. Council Member/Commissioner Kelley arrived at 1:50 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): Citizens for Responsible Equitable Environmental Development v. City - San Bernardino County Superior Court, Case No. CIVDS 918169; 1 03/15/2010 Michael Desrochers, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 708367; Susan Hulse v. LAFCO & City of San Bernardino, et aI. - San Bernardino County Superior Court, Case No. CIVDS 1002077. 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) Areo Gas Station at 5'h and Mt. Vernon I case C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University Raymond Reyes v. County of San Bernardino and Burrtee Waste Industries City v. James Meza 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: 450 North "E" Street APN: 0134-121-24 2 03/15/2010 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Moctesuma Esparza on behalf of Maya Cinemas North America, Inc. Under Negotiation: Purchase price, terms and conditions. Senior Assistant City Attorney Wilson advised that the "1 case" listed under Agenda Item No. IB, Anticipated Litigation, relates to Agenda Item No. R35. Public Comments on Closed Session Items Sue Hulse, San Bernardino, CA, commented on the LAFCO/annexation matter. She stated that she appreciated the efforts taken by the City Attorney's office at the Council's direction, and it was her hope today that the Council would task the City Attorney to continue to work with the County on an interim services agreement and investigation of a potential rollback of the annexation. She urged the Council to listen to what the City Attorney has found out, discuss the matter, and take the advice of the City Attorney in determining how the City is going to go forth from this point forward. Closed Session Announcement City Clerk Clark announced that during closed session a motion was made by Council Member Desjardins, seconded by Council Member Brinker, to reject the request from LAFCO that the City of San Bernardino provide for reimbursement or assumption of all legal costs LAFCO may incur in the lawsuit filed by Susan Hulse and that the City will not indemnify and hold harmless in this matter. The motion carried with Kelley abstaining and McCammack absent. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory of long-time San Bernardino residents Donald Niemeyer, Ralph G. Velasquez, and Jacqueline Hill Cannon. Invocation/Pledge of Allegiance The invocation was given by Pastor Ray Valez of The Way World Outreach Ministry. The pledge of allegiance was led by Lily Enderson and Cheyenne Moser, fifth grade students at North Verdemont School. 2. Appointments There were no commission appointments. 3 03/15/2010 3. Proclamations & Presentations Mayor Morris presented a proclamation for the Census to Wayne Austin, who serves on the city's Complete Count Committee and accepted the proclamation on behalf of Phil Savage, who is serving as chairman of the committee. Also present was Marco Robles of Cardenas Markets, who shared information on what their markets are doing to encourage residents to participate in the Census count. Mayor Morris presented a proclamation declaring March as Social Work Month to Joanne Claytor, Social Services Supervisor, and Kimberly Foster of the St. Bernardine Medical Center. Robert Lennox, Deputy Director of the Parks, Recreation and Community Services Department, recently attended the California and Pacific Southwest Recreation and Park Training Conference where the City received an A ward of Excellence from the California Park and Recreation Society for its "Phoenix: Still Rising" program entry. This award is the highest statewide recognition that the City can receive; and Mr. Lennox spoke regarding the program entry submitted by his department and the award. Police Chief Kilmer and Catherine Pritchett, Management Analyst from the City Manager's office, provided an annual report of the 2009 accomplishments of San Bernardino Taking Action Against Graffiti (SB T AAG) and an update for the first three months of 2010. Professor Richard Johnston and glass artist Katherine Gray from CSUSB's Art Department presented a Power Point presentation of some of their art work and the sculptures to be installed at Chancellor's Park. Also present was developer Jim Watson, who donated the funds for this endeavor. Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, announced that the next bicentennial event would be the 23"' Annual Morrow-McCombs Memorial Lecture where he would be speaking on "Why Can't We All Get Along?" to be held Wednesday, March 17, at 7:30 p.m. in the CSUSB San Manuel Student Center. He advised that the committee will be planting 200 trees in San Bernardino during the month of March; and asked John Traubert to explain the activities planned for the month of April, which has been designated as a month for beautification of San Bernardino. For additional information on all activities go to the committee's website at SanBernardino200.org. Council Member Marquez presented the Student of the Month award to Kyle Strickland, a student at the Public Safety Academy. 4 03/15/2010 Luisa Ross of the Neighborhood Housing Services of the Inland Empire, Inc., invited the Mayor and Council to their 1" Annual Open House to be held Thursday, March 18, from 5-7:30 p.m. at 1390 North D Street in San Bernardino. The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Department Years of Service Scott Montgomery Development Services 5 Katherine Whittaker Development Services 30 Georgia Chamberlain Finance 30 Enrique Llamas Fire 5 Glenda Martin Parks, Recreation & 30 Community Services Sean McClintock Parks, Recreation & 10 Community Services Thomas Adams Police 25 Fortino Carbajal Police 5 Edward Flores Police 5 Elizabeth Mulleavey Police 30 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried with McCammack absent. 6. Claims & Payroll Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 24, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried with McCammack absent. 5 03/15/2010 7. Personnel Actions Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that the personnel actions, as submitted by the Chief Examiner, dated March 11, 2010, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried with McCammack absent. 8. RES. 2010-48 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Best, Best & Krieger and the City of San Bernardino in the matter of Michael BilldJ, Disability Retirement Application. Public Comments Jay Lindberg, San Bernardino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-48 was adopted with McCammack absent. 9. RES. 2010-43 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to enter into a Professional Services Contract with AECOM for the performance of monitoring and reporting requirements for the EECBG Program for $42,000 over a three year period. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. 2010-43 was adopted with McCammack absent. 10. RES. 2010-44 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement by and between the City of San Bernardino and Management Partners Incorporated for assistance in the development and formation of a Regional Animal Shelter Joint Powers. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. 2010-44 was adopted with McCammack absent. 6 03/15/2010 I 11. Authorize the Director of Development Services to execute Contract Change Order No. One with EI-Co Contractors, Inc. for Sanitary Sewer Improvement Relocations for State Route 210, Segment 11 (SW09-03), per Project Plan No. 12517 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that the Director of Development Services be authorized to execute Contract Change Order No. One with El-Co Contractors, Inc. for Sanitary Sewer Improvement Relocations for State Route 210, Segment 11 (SW09-03), per Project Plan No. 12517. The motion carried with McCammack absent. 12. RES. 2010-45 - Resolution of the City of San Bernardino approving Amendment No. Two to a Professional Services Agreement with Engineering Resources of Southern California, Inc. for design of street, storm drain, traffic signal, and sound wall improvements along Victoria Avenue from Highland Avenue to Lynwood Avenue (SS05-25). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. 2010-45 was adopted with McCammack absent. 13. Item deleted 14. RES. 2010-49 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application for a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the amount of $362,659.41 and authorizing the Police Department to accept and administer the grant. Public Comments Jay Lindberg, San Bernardino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-49 was adopted with McCammack absent. 15. RES. 2010-46 - Resolution of the City of San Bernardino authorizing the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Grant Funds in accordance with the grant expenditure plan. 7 03/15/2010 , Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. 2010-46 was adopted with McCammack absent. 16. RES. 2010-47 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and increase to Purchase Order Number 302895 by $5,200 to All American Trnck & Auto Body in order to completely repair refuse unit 07176. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. 2010-47 was adopted with McCammack absent. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to an agreement and increase to an annual purchase order in the amount of $30,000 with "Y" Tires of Los Angeles. City Clerk Clark advised that staff had requested a continuance of this matter to the next meeting. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that the matter be continued to the Council/ Commission meeting of April 5, 2010. The motion carried with McCammack absent. 18. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement and increase to an annual purchase order in the amount of $17,000 pursuant to Section 3.04.010-B3 of the Municipal Code with three single year renewal options to Tec of California for the purchase of specific equipment parts and supplies for the public services refuse fleet utilized by the Public Services Department Fleet Division. City Clerk Clark advised that staff had requested a continuance of this matter to the next meeting. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that the matter be continued to the Council/ Commission meeting of April 5, 2010. The motion carried with McCammack absent. 8 03/15/2010 19. RES. 2010-50 - Resolution of the City of San Bernardino supporting the City's submittal of Community Based Transportation Planning (CBTP) Grant Application for the University Neighborhood Transportation Improvement Planning Study. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-50 was adopted with McCammack absent. 20. RES. 2010-51 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submission of the First-5 San Bernardino Desired Results Initiative Grant application. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-51 was adopted with McClImmllck absent. 21. RES. 2010-52 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application for Waste Tire Enforcement Grant funds from the California Department of Resources Recycling and Recovery (CalRecycle). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. 2010-52 was adopted with McCammack absent. 22. Public Hearing - Resolution imposing liens on certain parcels of real property for uncollected business registration fees RES. 2010-53 - 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 Kelley made a motion, seconded by Council Member/Commissioner Brinker, 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. 2010-53 was adopted with McCammack absent. 9 03/1512010 23. Approve the list of Local Stimulus Program (LSP) funded projects, amendment of the Capital Improvement Program and authorize the Director of Finance to amend the FY 2009-2010 Capital Improvement Program budget by increasing the Street Constrnction fund by $2,898,703 (Continued from March 1, 2010.) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the list of Formula Stimulus funded projects be approved; that the Capital Improvement Program be amended to show the new funding source; and that the Director of Finance be authorized to amend the FY 2009-2010 Capital Improvement Program budget by increasing the Street Construction fund by $2,898,703 and appropriating these additional revenues to the various projects as specified in the staff report dated March 8, 2010, from Valerie Ross, Director of Development Services. The motion carried with McCammack absent. 24. Resolution of Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with San Manuel Band of Mission Indians to use the City of San Bernardino Police Department's firing range. (Continued from March 1, 2010.) Senior Assistant City Attorney Wilson requested a continuance of this matter to the next meeting. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of April 5, 2010. The motion carried with McCammack absent. 25. An Ordinance of the City of San Bernardino amending the defmition of "Roll-off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. FIRST READING (Continued from March 1, 2010.) Staff requested a continuance to April 5, 2010. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of April 5, 2010. The motion carried with Desjardins voting "no" and McCammack absent. 26. Discuss and take possible action regarding a policy for naming public facilities 10 03/15/2010 Council Member/Commissioner Kelley stated that he would like the name of Dirk Kempthorne to be considered for one of the parks. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the matter of developing a formal policy for naming of public facilities be referred to the Legislative Review Committee to work with staff to develop a formal policy for Mayor and Common Council approval. The motion carried with McCammack absent. 27. Municipal Code Section 2.01.010 Mayor Pro-Tempore - Election of Mayor Pro-Tempore Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, to nominate Council Member/Commissioner Brinker to the position of Mayor Pro-Tempore. (Note: The vote was taken following further discussion.) Council Member/Commissioner Desjardins made a substitute motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the next Council meeting when a full Council is present. The motion resulted in a tie with Marquez, Desjardins, and Kelley voting "yes" and Brinker, Shorett, and Johnson voting "no." Mayor/Chairman Morris broke the tie with a "no" vote, and the substitute motion failed. Council Member/Commissioner Kelley advised that he would be voting "no" on the original motion due to the recent conversations the Mayor and Council have had regarding unanimity and his belief that there had been a Brown Act violation because five people had discussed this item. He encouraged his colleagues to wait until the next meeting to address this issue. Public Comments John Valdivia, San Bernardino, CA. The original motion made by Council Member/Commissioner Shorett, seconded by Council Member/Commissioner Johnson, to nominate Council Member/ Commissioner Brinker to the position of Mayor Pro-Tempore failed with Brinker, Shorett, and Johnson voting "yes, " Marquez voting "no, " Desjardins and Kelley abstaining, and McCammack absent. Note: Although not continued by an official vote, the matter will be placed on the agenda for the Council/Commission meeting of April5, 2010. 11 03/15/2010 28. Install sculptures created by the California State University San Bernardino Art Department faculty and students for Chancellor's Park Senior Assistant City Attorney Wilson asked that the motion include a provision that the City Manager be authorized to execute the agreements that will properly document the relationship between the parties. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the City of San Bernardino allow the California State University San Bernardino Art Department to place and install its sculptures at Chancellor's Park, and that the City Manager be authorized to execute the agreements that will properly document the relationship between the parties. PLANNING ITEMS 29. Appeal Hearing - An appeal of the Planning Commission's approval of Conditional Use Permit No. 07-15, a request to expand an existing 129,794 square foot retail commercial building by 41,644 sqnare feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of Highland Avenue at the intersection with Boulder Avenue, at 4210 East Highland Avenue in the CG-l, Commercial General land use district (Appeal No. 09-03) (Continued from March 1, 2010.) The hearing remained open. Staff requested a continuance to the first meeting in May. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of May 3, 2010. The motion carried with Brinker and McCammack absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson; Senior Assistant City Attorney Wilson; Economic Development Agency Director of Housing and Community Development Jenkins and Agency Counsel Sabo; City Clerk Clark. Absent: Council Member/Commissioner McCammack. 12 03/15/2010 R30. Joint Public Hearing - Meta Housing, Inc., Magnolia Highland, L.P., Amendment No. 1 to the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition and Development Agreement (The Magnolia at Highland Project - Northwest Redevelopment Project Area) RES. 2010-54 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of the Redevelopment Agency of the City of San Bernardino's properties located on the southwest corner of HigbIand Avenue and Medical Center Drive (APNs: 0143-191-38, 46 and 63) to Meta Housing, Inc. - Magnolia HigbIand, L.P., for the development of 79 units of affordable senior citizen rental housing pursuant to Amendment No. 1 to the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition and Development Agreement (Northwest Redevelopment Project Area). (R30A) RES. CDC/2010-9 - 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 Amendment No. 1 to the 2009 Affordable Senior Citizen Rental Housing Acquisition, Disposition and Development Agreement by and between the Agency and Meta Housing Inc. - Magnolia Highland, L.P. (Northwest Redevelopment Project Area). (R30B) RES. CDC/2010-10 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a demolition contract by and between the Agency and MGP Construction for the demolition of Agency property located at 2196 Medical Center Drive, San Bernardino, CA 92411 (Northwest Redevelopment Project Area). (R30C) Mayor/Chairman Morris opened the hearing. Carey Jenkins, Agency Director of Housing and Community Development, provided an overview of background information. Public Comments Jay Lindberg, San Bernardino, CA, asked questions not pertinent to the hearing subject matter. 13 03/15/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; and that said Resolutions A-C, be adopted. The motion carried and Mayor and Council Resolution No. 2010-54 and Community Development Commission Resolution Nos. CDC/2010-9 and CDC/2010-10 were adopted with McCammack absent. R31. California Housing Foundation, Inc., a non-profit 501(c)(3) organization - Amendment No. 1 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement RES. CDC/2010-11 - 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 Amendment No. 1 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement by and between the Agency and California Housing Foundation, Inc. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2010-11 was adopted with McCammack absent. R32. Barbara Hicks - Temporary Employment Arrangement for GIS Services RES. 2010-12 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing a temporary employment arrangement with Barbara Hicks to provide GIS services to the Redevelopment Agency of the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2010-12 was adopted with McCammack absent. R33. Homebuyer Assistance Program Report for the period July 1, 2009 through December 31,2009 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the Community Development Commission of the City of San Bernardino receive and file the Semi-Annual Report of the Homebuyer Assistance Program activities for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack absent. 14 03/15/2010 R34. U.S. Department of Housing and Urban Development Federal Programs _ CDBG/ESG/HOME Report for the period July 1, 2009 through December 31,2009 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council of the City of San Bernardino receive and file the Semi-Annual Update of the U.S. Departtnent of Housing and Urban Development Federal Programs for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack absent. R35. Inland Empire Concerned African American Churches (IECAAC), Development Agreement for 1519 West Virginia Street, San Bernardino, CA 92411 Senior Assistant City Attorney Wilson asked that the matter be tabled. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. The motion carried with McCammack absent. R36. Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project _ Reject Constrnction Bids and Re-bid Project RES. CDC/2010-13 - Resolution of the Community Development Commission of the City of San Bernardino rejecting constructions bids received by the Redevelopment Agency of the City of San Bernardino ("Agency") for the American's with Disabilities Act ("ADA") Ramps and Sidewalks Project and authorize the re-bidding of the project. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. CDC/2010-13 was adopted with McCammack absent. 37. Public Comments Glen Gipson, San Bernardino, CA, spoke regarding the misuse of the Administrative Citation Penalties, and asked the Council to look into the matter to determine that they are being used properly and not as a revenue source. Senior Deputy City Attorney Jolena Grider advised that their office had been working with Mr. Gipson since August 7, and on March 12 he still had not done what has been asked of him. She stated that he had requested a hearing, which has been set, and that would be his opportunity to contest his citation. 15 03/15/2010 Mike Austin, San Bernardino, CA, chairman of the California State Chili Cook-off, invited everyone to join him on May 1 at the Orange Show Fairgrounds for the local chili cook-off. Jason Desjardins, San Bernardino, CA, paid honor to all Irish immigrants and encouraged them to learn about our culture and our language and be counted in the Census. On behalf of the Young Visionaries, Conncil Member Johnson invited everyone to please come out and support them on March 17 at the Boys and Girls Club on 9th Street when they will be leading a discussion on gang/gun issues. GiI Botello, San Bernardino, CA, stated he also received a notice from the City Attorney's office regarding the single-family rental program; however, this notice was regarding his own home-not a rental-and now a lien has been placed against his home. Diana Cansino, a student at CSUSB, invited everyone to one of the school's events called "Going the Distance"-an event to de-stigmatize going to college-to be held Saturday, March 20, from noon to 4 p.m. at the CSUSB Commons. Jay Lindberg, San Bernardino, CA, spoke regarding the financial crisis facing the City of San Bernardino and the tough decisions that need to be made. Joe Arnett, San Bernardino, CA, reiterated several questions he had brought forward at the March 11 budget meeting and requested the backup information for the detail on $255 million of expenditures identified on the "blue page" handout titled FY 2009-2010 Summary of Revenues, Expenditures, and Transfers. Warner Hodgdon, San Bernardino, CA, noted that the Economic Development Agency budget had not been discussed at the March 11 budget meeting and questioned whether EDA budget discussions would be forthcoming. Robert Medina, responding to comments made earlier in the meeting regarding completion of the Census Survey, advised individuals not to use a pen with green ink (the form says to use black) when completing their surveys and offered other tidbits of information. Mayor Morris noted that there will be 45 kiosks throughout the city where individuals can obtain answers to questions regarding the Census Survey. 16 03/15/2010 James Smith, San Bernardino, CA, commented on the budget meeting and commended staff and the Council members for the professionalism that was demonstrated at the meeting. Ramiro Hernandez, who is with the office of Congressman Joe Baca, left before he could make his comments; however, it was noted that he is with the task force that is trying to get people to respond to the Census Survey. 38. Adjournment At 5:54 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for Monday, April 5, 2010. By: RACHEL G. CLARK City Clerk U~JhV Linda E. Hartzel Deputy City Clerk 17 03/15/2010