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HomeMy WebLinkAbout06-Council Minuste CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 21,2009 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:34 p.m., Monday, December 21, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Shorett, Kelley, Johnson; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Members/Commissioners Estrada, McCammack. Council Member/Commissioner Kelley Ieft at 5:55 p.m. I. CIosed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Batey, Jane, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. SCVSS 141503; 12/21/2009 Carlberg/Meyers v. City of San Bernardino - San Bernardino County Superior Court, Case No. CIVDS 904251; City of San Bernardino Municipal Water Department v. U.S. Department of Defense - United States District Court, Case No. CV 96-8867 MRPP (V APx); Golding, Justin Ryan v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 700791; Zimmon, Garret v. City of San Bernardino - San Bernardino County Superior Court, Case No. CVIDS 906555. B. Conference with legal counsel - anticipated Iitigation - 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) One 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 Qui Tam case filed under seal, U.S. District Coun (Central District of California) No. EDCV 06-0055 - GW 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. 2 12121/2009 City Attorney Penman announced that the following additional case would be discussed in closed session: San Bernardino Police Officers Association v. City of San Bernardino - San Bernardino County Superior Court Case No. CIVDS 902362. Reading of ResoIutions & 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. Invocation/PIedge of Allegiance The invocation was given by the Reverend Sandra Tice of the First Presbyterian Church. The pledge of allegiance was led by Michelle Alfaro Rodarte, a 6'" grade student at Marshall Elementary School. 2. Appointments There were no commission appointments. 3. Presentations The Cajon High School Bell Choir, under the direction of Choir Director Matt Thomas, gave a "Holiday Bells" performance. Greg Christian, Executive Director of Kaiser Permanente, Fontana/Ontario, and Jennifer Silvestri gave a PowerPoint presentation concerning their Community Benefit Program and their commitment to support the safety net, build healthier communities and share knowledge and care. On behalf of Council Member McCammack, Council Member Johnson presented the Student of the Month Award to Grace Ali, an 8'" grade student at Colonel Joseph C. Rodriguez Preparatory Academy. Rina Marron, Employee Recognition Committee Chairperson, announced that the winner of this year's Holiday Spirit Contest was Code Enforcement with their Hawaiian Christmas theme. Chief of Police Keith Kilmer provided an update of San Bernardino Taking Action Against Graffiti (SB TAAG) - a partnership of City departments, Iocal agencies and the community to eliminate graffiti through eradication, education and enforcement to create a more beautiful San Bernardino. 3 12/21/2009 Rabbi Hillel Cohn, Chairman of the City's Bicentennial Committee, introduced several members of the Committee and distributed a Calendar of Events to the Mayor and Council. The following individuals were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Gary Hoepfner Langsdon Canright Francisco Hernandez Lt. Daniel Keil Arturo Reyna Cheri Williams Sandra Washington 4. Announcements Department Facilities Management Police Police Police Police Police Public Services Years of Service 25 5 5 25 5 30 5 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 ResoIutions & Ordinances Council Member/Commissioner Baxter 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 with Estrada and McCammack absent. 6. CIaims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated December 2, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried with Estrada and McCammack absent. 4 12/21/2009 7. PersonneI Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated December 16, 2009, 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 Estrada and McCammack absent. 8. Item deIeted 9. RES. 2009-373 - ResoIution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium & Haws and the City of San Bernardino in the case of Steve Lowes v. Michael Billdt, et aI. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. ResoIution No. 2009-373 was adopted with Estrada and McCammack absent. 10. RES. 2009-377 - ResoIution of the Mayor and Common Conncil of the City of San Bernardino authorizing the execution of an Engagement Letter between the City of San Bernardino and Best, Best and Krieger for legaI representation in the matter concerning a petition to place a Charter Amendment on the November 2, 2010 ballot. Public Comments: Joe Ortiz, San Bernardino, CA; Jay Lindberg, San Bernardino, CA. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. ResoIution No. 2009-377 was adopted with Estrada and McCammack absent. II. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement with the County of San Bernardino for the maintenance of a portion of OId Waterman Canyon road Iying outside of the area annexed to the City as Annexation No. 360 in the Arrowhead Springs area. Note: No resolution was distributed. 5 12/21/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of January 4, 2010. The motion carried with Estrada and McCammack absent. I2. RES. 2009-374 - ResoIution of the City of San Bernardino authorizing the execution of a Letter of Consent allowing T-Mobile to sublease Sprint PCS's existing tower space to CIear WireIess, LLC, as a co-plane collocation, and to execute a Letter of Consent for Sprint PeS, permitting CIear Wireless, LLC, to use a portion of Sprint PCS's Ieased area, on a portion of City owned property located at 2750 W. 2nd Street, also known as Nicholson Park. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-374 was adopted with Estrada and McCammack absent. 13. RES. 2009-375 - ResoIution of the Mayor and Common Council of the City of San Bernardino awarding a contract to RBF ConsuIting for constrnction management services for street improvements on Cajon BouIevard. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. ResoIution No. 2009-375 was adopted with Estrada and McCammack absent. I4. Item deIeted 15. ResoIution 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 $70,600 with two (2) one-year extensions at the City's option between the City of San Bernardino and Inland Empire Landscape, Inc. for suppIemental as needed Iandscape maintenance services throughout the City of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of January 4,2010. The motion carried with Estrada and McCammack absent. 16. RES. 2009-378 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Facility Use Agreement by and between California State University, San Bernardino and the City of San Bernardino allowing for the University's use of FiscaIini Field from December 26, 2009 through December 25, 2010, with the option of three (3) one-year renewaIs. 6 12/21/2009 Public Comments: Don Parnell, San Bernardino, CA; Kevin Hatcher, San Bernardino, CA. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-378 was adopted with Estrada and McCammack absent. 17. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Operating Services Agreement by and between Major League Softball, Inc. (MLS) and the City of San Bernardino for the organization and management of the Parks, Recreation and Community Services Department's adult softbalI and aduIt baseball programs; MLS is granted use of Encanto FieId from January 1, 2010 through December 31, 2010 with two (2) optionaI one-year renewals; and use of Fiscalini Field from May 28, 2010 through October 31, 2010, with the option of one (1) one-year renewal. Note: No resolution was distributed. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of January 4, 2010. The motion carried with Estrada and McCammack absent. IS. RES. 2009-376 - ResoIution by the Mayor and Common Council to execute Amendment No. 2 to the Agreement for Crossing Guard Services with All City Management Services for a crossing guard position at Victoria Elementary School (Redlands Unified SchooI District). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2009/2010 budget to increase Police Reserve Account No. OOI-OOO-4740 by $5,100, increase Police Expenditure Account No. 001-217-5505 by $10,300, and decrease Police Expenditure Account No. 001-217-50I4 by $5,200. The motion carried and ResoIution No. 2009-376 was adopted with Estrada and McCammack absent. 19. RES. 2009-379 - Resolution of the City of San Bernardino ratifying the submittaI of grant applications to the US Soccer Foundation for funding in the amount of $324,700 for the purchase of maintenance equipment, bIeachers, benches, siguage, and a synthetic turf fieId for the San Bernardino Soccer CompIex. 7 12/2112009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-379 was adopted with Estrada and McCammack absent. 20. RES. 2009-380 - ResoIution of the City of San Bernardino ratifying the submittal of a grant application to Kaiser Pennanente for funding in the amount of $43,000 to augment the Parks, Recreation and Community Services Department Swim Program for the 2010 summer season. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resoIution be adopted. Resolution No. 2009-380 was adopted with Estrada and McCammack absent. 21. Item deleted 22. Item deleted 23. Approve the FY 2008/2009 Continuing Appropriations and Encumbrance Carryovers into FY 2009/2010 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the FY 2008/2009 continuing appropriations and encumbrance carryovers be approved; and that the Director of Finance be authorized to amend the FY 2009/2010 budget to include the approved continuing appropriations and encumbrance carryovers. The motion carried with Estrada and McCammack absent. 24. Receive and file the FY 2009/2010 First Quarter Budget Report Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the FY 2009/2010 First Quarter Budget Report be received and filed. The motion carried with Estrada and McCammack absent. 25. Receive and me FY 2008/2009 Year End Report Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the FY 2008/2009 Year End Report be received and filed. The motion carried with Estrada and McCammack absent. 26. Authorize the Director of Finance to amend the FY 2009/2010 budget to reflect lowered revenues and impIement all budget baIancing strategies as outlined in the staff report dated December 21, 2009, from Barbara Pachon, Director of Finance 8 12/21/2009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2009/2010 budget as outlined in the staff report from Barbara Pachon, Director of Finance, to reflect the Iowered revenue projections and to implement all the proposed budget balancing strategies with the exception of a $61,300 reduction in Council Office carryovers and a $11,1 ()() reduction in Parks and Recreation carryovers (combined total of $72,400); and that the Director of Finance be authorized to take $27,700 from the General Fund Budget Reserve to cover the remaining shortfall. The motion carried with Estrada and McCammack absent. Council Member/Commissioner Brinker questioned whether the amount of carryover money for the Council office should be reduced. It was the consensus of the Council that this matter could be discussed further at their upcoming budget meetings. 27. Public Hearing - ResoIution imposing liens on property Iocated within the City of an Bernardino for uncollected business registration fees RES. 2009-381 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property Iocated 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 ResoIution No. 2009-381 was adopted with Estrada and McCammack absent. 28. RES. 2009-382 - ResoIution of the Mayor and Common CounciI of the City of San Bernardino approving the destrnction of certain records no Ionger required to be maintained by the San Bernardino Parks, Recreation and Community Services Department. (Continued from December 7, 2009) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. ResoIution No. 2009-382 was adopted with Estrada and McCammack absent. 9 12/21/2009 PLANNING ITEMS 29. AppeaI Hearing - Appeal of the Planning Commission's approval of Tentative Tract Map (TTM) No. 16794 and Variance No. 09-02. The project is a 44-lot single family residentiaI subdivision on 18.45 acres, with a variance to permit a retaining wall up to 26 feet in height on the west side of Palm Avenue, 200 feet north of Verdemont Drive in the RL, ResidentiaI Low, land use district. (Appeal No. 09-02) (Continued from December 7,2009) The hearing remained open. Terri Rahhal, Deputy Director/City Planner, Development Services, provided background information. She stated that public testimony given at the appeal hearing and the discussion by the Council Members at the hearing centered on concerns with the Verdura wall, including the stability of engineering design, safety and liability issues revolving around the climbable face of the wall, and whether or not the proposed wall height and the associated variance were truly required for the project. She stated that at the conclusion of the hearing on December 7, the Council directed staff to work with the applicant to study design alternatives and come back with answers to questions raised during the appeal hearing. Ms. Rahhal stated that after some intensive work by the applicant to redesign the grading design at the southwestern portion of the project site, a revision to Tentative Tract Map No. 16794 was submitted. The revised map design calls for a standard split-face retaining wall with a maximum height of 8 feet which eliminates the need for a variance; therefore, the variance request was withdrawn. She stated that the revised map compromises some of the usable pad area on lots in the southwestern portion of the project site and several small adjustments were required to maintain the same lot configuration as the original tract map. The revised design addresses all the concerns raised at the December 7 hearing-the proposed retaining wall conforms to standard height requirements, does not require any unique engineering design, will not be climbable, and does not require a variance. The revised tentative tract map also conforms to all the development standards of the residential low density Iand use district and is in conformance to the tentative tract map approved by the Planning Commission on September 23. The number of lots and their configuration remain the same with a slight adjustment to the design of the curve on the interior loop street and has been approved by the City Engineer. The changes incorporated in the revised tentative tract map do not affect the basic design approved by the Planning Commission and the design that was analyzed in the Environmental Initial Study and Mitigated Negative Declaration that was adopted by the Planning Commission except for the reduced height of the 10 12/21/2009 retaining wall, which was analyzed in the Initial Study for its potential aesthetic impacts on surrounding properties. Staffs recommendation is that the Mayor and Council deny the appeal and approve the revised Tentative Tract Map No. 16794. Ms. Rahhal submitted and read into the record a revised recommended motion and an alternative motion, dated December 21,2009. The following individuaIs spoke in support of the project: Eric Borstein, Los Angeles, CA; Joe Ortiz, San Bernardino, CA; Jay Lindberg, San Bernardino, CA; ShirIey Harlan, San Bernardino, CA; Tanis C. HazIett, San Bernardino, CA, voiced her support and requested that the Master Trails System be completed and incorporated into the Conditions of Approval. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the Mayor and Common Council independently review, analyze and exercise independent judgment in its consideration of the Initial Study, and in making its determination with respect to the Revised Tentative Tract Map No. 16794, the Mayor and Council fmds that recirculation of the Mitigated Negative Declaration is not required under CEQA Guidelines Section 15073.5 because: a) The project revisions, which have been made in response to written and verbal comments on the project's effects, cause no new impacts and cause no greater impacts than those already assessed in the Mitigated Negative Declaration; and b) The conditions of project approval, which have been revised or added as a result of the project revisions, are not mitigation measures required by CEQA; and That the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program (Attachments E and F to the Planning Commission Staff Report); and approve Revised Tentative Tract Map No. 16794 based on the Findings of Fact contained in the PIanning Commission Staff Report and subject to the Conditions of Approval and Standard Requirements recommended by the Planning Commission, as revised to eliminate the variance request. The motion carried with Estrada and McCammack absent. 11 12/21/2009 30. Public Hearing - An Ordinance adding Chapter 17.07 to the San Bernardino Municipal Code as the Water Efficient Landscape Ordinance An Ordinance of the City of San Bernardino adding Chapter 17.07 to the San Bernardino Municipal Code as the Water Efficient Landscape Ordinance. FIRST READING 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 said Ordinance be laid over for final adoption; and that the Development Services Department be directed to prepare an amendment to the Landscaping Standards in Chapter 19.28 of the Development Code to reference and conform to the Water Efficient Landscape Ordinance. The motion carried with Estrada and McClImmllck absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Shorett, Kelley, Johnson; Sr. Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Agency Council Sabo; City Clerk Clark. Absent: Council Members/Commissioners Estrada, McCammack. R31. PubIic Hearing - Amendment to the 2009-2010 City of San Bernardino AnnuaI Action PIan authorizing the use of HOME Funds by AffordabIe Housing Solutions of San Bernardino, a non-profit SOI(c)(3) Corporation for the purpose of mitigating residentiaI forecIosures and reIated blighting influences (Continued from December 7, 2009) Resolution of the Community DeveIopment Commission of the City of San Bernardino approving an amendment to the City's 2009-2010 Annual Action Pian and authorizing the use of HOME Investment Partnership Fnnds by AffordabIe Housing SoIutions of San Bernardino for the purpose of mitigating residentiaI foreclosures and related blighting influences. (R31A) 12 12/2112009 RES. 2009-383 - ResoIution of the Mayor and Common Council of the City of San Bernardino approving: 1) an amendment to the City's 2009-2010 AnnuaI Action Plan and 2) the allocation of $2.5 million in FederaI HOME Investment Partnership Program funds to Affordable Housing Solutions of San Bernardino, Inc., a California non-profit corporation. (R31B) Note: No Community Development Commission resolution was distributed. The hearing remained open. Emil Marzullo, Interim Executive Director, Economic Development Agency, stated that this was a companion to Agenda Item No. R32. He stated that the Affordable Housing Solutions Corporation is an EDA-sponsored corporation. This is the entity they set up to use the Neighborhood Stabilization Funds to acquire single-family foreclosed residences, rehabilitate them, and put them back out for sale. Carey Jenkins, Director of Housing and Community Development, Economic Development Agency, stated that back in September they had a Council action that allocated an initial funding amount to Affordable Housing Solutions to acquire foreclosed and other blighted residential properties throughout the City. At that time they allocated $2 million HOME dollars for such activities and they stated that in the near future they would have the public hearing as required by HUD for the allocation of those HOME dollars. He stated that they were back to have that public hearing and, in addition, and subsequent to the September 21 approval, they have requested an additional $500,000, for a total of $2.5 million. The public hearing was published in that amount, it was advertised in a local newspaper-the San Bernardino County Sun-and they were before the Council to request approval. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that said resolution A be tabIed; and that said resolution B be adopted. The motion carried and ResoIution No. 2009-383 was adopted with Estrada and McCammack absent. R32. Public Hearing - Reallocate funding among program activities and additional capital allocation from the Agency's Low and Moderate Income Housing Set- Aside Funds and HOME Funds for Mary Erickson Community Housing, Inc., and AffordabIe Housing SoIutious of San Bernardino, Inc., and adopt contract amendments to implement certain Housing Program Activities under the Neighborhood Stabilization Program 13 12/21/2009 RES. 2009-384 - ResoIution of the Mayor and Common Council of the City of San Bernardino approving the reallocation of funding among Neighborhood Stabilization program activities. (R32A) RES. CDC/2009-68 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the RedeveIopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the 2009 Neighborhood Stabilization Program Master Agreement by and between the Agency and Mary Erickson Community Housing, Inc., a California nonprofit public benefit corporation ("Developer"), and Amendment No. 1 to the 2009 Neighborhood Stabilization Program Sub-Recipient Agreement by and between the Agency and Affordable Housing SoIutions of San Bernardino, Inc., a California nonprofit public benefit corporation ("Sub-Recipient"). (R32B) Mayor/Chairman Morris opened the hearing. Carey Jenkins, Director of Housing and Community Development, Economic Development Agency, stated that the Agency is reallocating Neighborhood Stabilization Program (NSP) dollars from an activity that they've come to find is not necessary based on where the market values are for their properties (houses) and allocating it to another area that they are rmding quite a bit of success with and where they can better utilize the funds. They're taking $920,000 from the down payment assistance part of their NSP Program and allocating it to the I9lh and Sunrise project. A portion of it, $520,000 would go towards Mary Erickson Community Housing and the other $400.000 would be allocated to Affordable Housing Solutions. Because of the success they are having in the initial acquisition phase, they are also adding $1 million to both organizations in the form of housing set-aside, which is the redevelopment portion of the funding. They are also allocating to Affordable Housing Solutions the $500,000 that he mentioned in the previous action, and that will be the amendment to the AffordabIe Housing Solutions agreement, as well as the amendment to Mary Erickson for $520,000, plus $1 million in housing set-aside funds. Mayor Morris stated that the City is picking up these homes out of foreclosure at very low costs for tear down and, in selected cases, for rehabilitation. Mr. Jenkins stated that when they first started they were not having a large amount of success in negotiating these properties, but now they are starting to see with both Affordable Housing Solutions and Mary Erickson, the ability to start acquiring these properties. What they are seeing is that there are other properties that are not in foreclosure; therefore, they can't use the NSP money because NSP requires that the property be foreclosed upon. So they have this other allocation that's very much needed to negotiate those short sales, which there are a number 14 12/21/2009 of; and they are having success most specifically with Mary Erickson Community Housing Corporation. Emil Marzullo, Interim Executive Director, Economic Development Agency, stated that between Mary Erickson Corporation and Housing SoIutions they have four properties that are currently in ownership, they have five properties in escrow and they have another one that will go into escrow this week. He stated that part of their issue in terms of timing of dollars is that they had I8 months from the date of the congressional action, which was last February, to not so much spend it all, but to obligate all of it. So part of their momentum is to try and get the NSP dollars under obligations so they don't Iose any of those dollars because by the middle of next year, if they don't have it all under obligation, it will be reallocated to other communities. So, two things are happening, one is that they are having more success than they were initially having on the fourplex acquisition, and the other is that they've got to get those dollars allocated and obligated so they don't lose them. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Joe Ortiz, San Bernardino, CA, spoke in opposition to the project. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolutions A and B, be adopted. The motion carried and Mayor and Common Council ResoIution No. 2009-384 and Community Development Commission Resolution No. CDC/2009-68 were adopted with Estrada and McCammack absent. R33. Homebuyer Assistance Program - Fiscal Year 2008/2009 AnnuaI Report Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the Community Development Commission of the City of San Bernardino receive and file the annual update of Homebuyer Assistance Program for the Redevelopment Agency of the City of San Bernardino. The motion carried with Estrada and McCammack absent. R34. Oldtimers Foundation Agreement Extension and Amendment No. 2 (EIderIy/SpeciaI Needs Minor Home Repair Grant Program) 15 12/2112009 RES. CDC/2009-69 - 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.2 to the Contractor Services Agreement Minor Grant Repair Program (EIderIy/SpeciaI Needs) between the Oldtimers Foundation and the Agency, amending and extending said agreement and authorizing the amount of $102,655 for a six month term commencing in 2010, subject to annuaI funding availability. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2009-69 was adopted with Estrada and McCammack absent. R35. Penny Hawkins - Temporary Employment Arrangement for accounting services RES. CDC/2009-70 - Resolution of the Community DeveIopment Commission of the City of San Bernardino approving and authorizing a temporary empIoyment arrangement with Penny Hawkins to provide accounting services to the RedeveIopment Agency of the City of San Bernardino. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. ResoIution No. CDC/2009-70 was adopted with Estrada and McCammack absent. R36. EccIesia's Economic & Community DeveIopment Collaboration ("EECDC") Affordable Housing Program Memorandum of Understanding ("MOU") for the Acquisition and Redevelopment of Residential Properties RES. CDC/2009-71 - ResoIution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the RedeveIopment Agency of the City of San Bernardino ("AGENCY") to execute the 2009 Memorandum of Understanding by and between the Agency and EccIesia's Economic & Community Development Collaboration (EECDC Affordable Housing Program). Council Member/Commissioner Johnson abstained because his wife is the office manager at Ecclesia Christian Fellowship. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. ResoIution No. CDC/2009-71 was adopted with Johnson abstaining and Estrada and McCammack absent. 16 12/21/2009 37. Public Comments Scott Johnson, President of the Shandin Hills Neighborhood Association, San Bernardino, CA, thanked all the residents and the community members who helped coordinate their general meeting which was held last Thursday night at the Charter School on "E" Street. Patrick A. Murphy, San Bernardino, CA, stated that he believes the Police Department does not respect disabled veterans and feeIs he is being targeted. Joe Ortiz, San Bernardino, CA, wished everyone a Merry Christmas. Betty J. Long, San Bernardino, CA, spoke regarding personal matters. Jay Lindberg, San Bernardino, CA, spoke regarding the ban on medical marijuana dispensaries and solar energy. Karen Serrano, representative in the office of Congressman Joe Baca, San Bernardino, CA, extended an invitation to all civic leaders, business owners and residents to join the Congressman in an effort to obtain a more complete count in the 2010 Census in the City of San Bernardino by participating on their Congressional Complete Count Committee. Rose Loya, San Bernardino, CA, stated that a safe alternative to dumping pets is to take them to the nearest shelter or Humane Society. Jim Smith, San Bernardino, CA, stated that a good new year's resolution for next year would be for everyone to work together as a City. He stated that on May 20, 2010, the Catholic diocese will have a reenactment of the day in ISIO when the San Bernardino Valley was founded. 38. Adjournment At 6:09 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, January 4,2010. RACHEL G. CLARK City Clerk ByAJ;x&f/J~ , Linda Sutherland Deputy City Clerk 17 12/21/2009 f CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Boxter Tobin Brinker Fred Shorell Chos Kelley Rikke Van Johnson Wendy McCammack w MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 4, 20ID COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and the Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at I:36 p.m., Monday, January 4, 20ID, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Shorett, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Members/Commissioners Estrada and Kelley. CounciI Member/Commissioner Estrada arrived at 1:41 p.m. and CounciI Member/ Commissioner Kelley arrived at 1:47 p.m. I. CIosed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 1 Case file under seal 01/04/2010 , RES. 2010-1 - ResoIution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an engagement letter between the City of San Bernardino and McKnight & Kennedy and law office of Mark Kleiman for legal representation in the California Qui Tam case fIled under seaI in the Los AngeIes County Superior Court. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: Citizens for Responsible Equitable Environmental Development v. City Inland Communities Corp. v. City of San Bernardino (Paradise Hills) C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University City of San Bernardino v. Hudson Theater 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. City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item No. lA, existing litigation: Jane Batey v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. SCVSS 141503; 2 01/04/2010 Citizens for Responsible Equitable Enviromnental Development v. City - Superior Court, Case No. CIVDS 9I8l69 (Agenda Item No. 18); Under Agenda Item No. lB, significant exposure to litigation: Susan Hulse v. LAFCO and the City of San Bernardino; Legal secretary intends to sue City on grounds of stress, harassment, and sexual discrimination (Agenda Item No. 26). Reading of ResoIutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resoIutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Mrs. Tommie Lowe. Invocation/PIedge of Allegiance The invocation was given by Rabbi Hillel Cohn, Retired Rabbi Emeritus of the Temple Emanu El. The pledge of allegiance was led by Hannah Black, a 5th grade student at Mt. Vernon Elementary School. 2. Appointments There were no commission appointments. 3. Presentations Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, introduced Erin Brinker, Chair of the subcommittee on Public Relations and Marketing, announced that the first event is a locally produced theatrical production of the "Legend of the Arrowhead", which will take place on February 18, 2010, at the California Theater. She stated that a complete list of events is available on their website at SanBernardin0200.org. 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. 3 01104/2010 5. Waive FulI Reading of ResoIutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously. 6. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated December 2, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimousIy. 7. PersonneI Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated December 29, 2009, 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 unanimousIy. 8. ORD. MC-1320 - An Ordinance of the City of San Bernardino adding Chapter 17.07 to the San Bernardino Municipal Code as the Water Efficient Landscape Ordinance. FINAL READING (Continued from December 21, 2009) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1320 was adopted unanimousIy. 9. Item deIeted 10. RES. 2010-3 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to submit a grant application to the California Office of Emergency Services California for a California Gang Reduction, Intervention and Prevention (CALGRIP) Grant, and accept the grant award for the CALGRIP Grant. Council Member/Commissioner Estrada requested that the Police Deparlment provide the Council with a comprehensive, in-depth report identifying the gangs in the City, where they live, and where gang-related crimes are being committed. 4 01104/2010 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-3 was adopted with Johnson voting "no." 11. Item deIeted 12. Item deIeted 13. RES. 2010-2 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Contract 07-481 A-4 with the County of San Bernardino Department of Aging and AduIt Services (DAAS), accepting the amount of $28,500 to suppIement program expenses for Fiscal Year 09/10 as recipients of American Recovery and Reinvestment Action (ARRA) StimuIus Funds. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. ResoIution No. 2010-2 was adopted unanimously. 14. Establish part-time classifications of Community ReIations Assistant and Police Cadet in the Police Department Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the classification of Community Relations Assistant be established, Range 440, $22.98 - $27.94 per hour; that the classification of Police Cadet be established, Range PIT, $13.50 - $15.50 per hour; that the job descriptions for Community Relations Assistant and Police Cadet be approved; and that the Human Resources Department be authorized to update Resolution 2008-20. The motion carried unanimously. 15. ResoIution of the City of San Bernardino authorizing and directing the execution of an agreement with the County of San Bernardino for the maintenance of a portion of Old Waterman Canyon road Iying outside of the area annexed to the City as Annexation No. 360 in the Arrowhead Springs area. (Continued from December 21, 2009) Note: No resolution was distributed. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of January 19, 2010. The motion carried unanimously. 5 01104/2010 16. ResoIution 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 $70,600 with two (2) one-year extensions at the City's option between the City of San Bernardino and Inland Empire Landscape, Inc. for supplementaI as needed Iandscape maintenance services throughout the City of San Bernardino. (Continued from December 21,2009) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of January 19,2010. The motion carried unanimousIy. 17. ResoIution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Operating Services Agreement with Major League Softball, Inc. (MLS) and the City of San Bernardino for the organization and management of the Parks, Recreation and Community Services Department's adult softball and aduIt basebalI programs; MLS is granted use of Encanto FieId from January 1, 2010 through December 31, 2010 with two (2) optional one-year renewals; and use of FiscaIini Field from May 28, 2010 through October 31, 2010, with the option of one (1) one-year renewal. (Continued from December 21,2009.) Note: No resolution was distributed. Staff requested a two-week continuance. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of January I9, 2010. The motion carried unanimousIy. PLANNING ITEMS I8. AppeaI Hearing - An appeal of the PIanning Commission's approvaI of ConditionaI Use Permit No. 07-15, a request to expand an existing 129,794 square foot retail commerciaI building by 41,644 square feet to a total of 171,438 square feet on approximateIy 15.13 acres located on the north side of Highland Avenue at the intersection with BouIder Avenue, at 4210 East HighIand Avenue in the CG-l, Commercial GeneraI, Iand use district (Appeal No. 09-03) Mayor/Chairman Morris opened the hearing. 6 01104/2010 Senior Deputy City Attorney Empeiio informed the Council that at 3:29 p.m., the City Clerk's office received a check for the filing fee for the appeal in addition to a cover letter from the Briggs Law Corporation dated January 4, 2010. City Clerk Clark announced that a petition signed by 28 residents supporting approval of the project had been received and was submitted into the record. No pubIic comments were received. Staff requested a two-week continuance. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of January 19, 2010. The motion carried unanimousIy. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Sf. Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: None. R19. Item deleted R20. Item deleted R21. Item deIeted R22. Rosenow Spevacek Group, Inc. ("RSG") - ProfessionaI Services Agreement _ Key Program and Compliance Monitoring Services for dermed portions of its federally funded Neighborhood Stabilization Program ("NSP") in addition to other Agency honsing programs utilizing Redevelopment Housing Set-Aside Funds and HOME Funds RES. CDC/2010-1 - ResoIution 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 ProfessionaI Services Agreement by and between the Agency and Rosenow Spevacek Group, Inc., for program and compliance monitoring services for dermed portions of the Neighborhood Stabilization Program ("NSP") and other Agency housing programs. 7 OIl04/2010 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2010-1 was adopted with Kelley absent. R23. Recommend the Inland Empire AffordabIe Housing Organization, LLC, as an additionaI intermediary services provider in support of the Neighborhood Stabilization Program ("NSP") RES. CDC/2010-2 - ResoIution of the Community DeveIopment Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the RedeveIopment Agency of the City of San Bernardino ("Agency") to enter into a Master Agreement with Inland Empire AffordabIe Housing Organization, LLC ("Developer"), as originally identified through the NSP Intermediary Services RFP procurement process. Council Member/Commissioner McCammack stated that she did not feel the Council had enough information to make an informed decision on this matter and requested specifics regarding the target area and which properties have been put into escrow. Council Member/Commissioner Shorett made a motion, seconded by Council . Member/Commissioner Brinker, that said resolution be adopted. ResoIution No. CDC/2010-2 was adopted with McCammack abstaining. R24. InIand Empire Concerned African American Churches, Memorandum of Understanding for the acquisition and redevelopment of residentiaI properties (The IECAAC AffordabIe Housing Program) RES. CDC/2010-3 - ResoIution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2009 Memorandum of Understanding by and between the Agency and InIand Empire Concerned African American Churches (The IECAAC AffordabIe Housing Program). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2010-3 was adopted unanimously. 25. RES. 2010-4 - Resolution of the Mayor and Common CounciI of the City of San Bernardino authorizing the City Attorney to execute a three-year contract with Thomson-West to provide on-line Iegal research services (WestIaw) to the City Attorney's Office and to authorize the issuance of a purchase order. 8 01/0412010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. ResoIution No. 2010-4 was adopted unanimousIy. 26. ResoIution of the Mayor and Common Council of the City of San Bernardino, California, ratifying the retention of Andrew I. Roth, Attorney at Law by the staff of the San Bernardino City Attorney's Office, in an amount not to exceed $3,920.00, for representation regarding "PC 290 registrant working at Church of the Nazarene" memo investigation. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. The motion failed by the following vote: Ayes: Estrada, Kelley, McCammack. Nays: Baxter, Brinker, Shorett, Johnson. City Attorney Penman requested that the item be reconsidered in order to allow employees in his office the opportunity to speak regarding the matter. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that Agenda Item No. 26 be reconsidered. The motion carried with Baxter and Brinker voting "no." The following staff members spoke in support of the item: Shauna Britton, City Attorney's office; Stephanie Easland, City Attorney's office; Jamie Cimino, City Attorney's office. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. The motion failed by the following vote: Ayes: Estrada, Kelley, McCammack. Nays: Baxter, Brinker, Shorett, Johnson. 27. Public Comments Betty J. Long, San Bernardino, CA, spoke regarding personal matters. Vivian Wells, San Bernardino, CA, spoke regarding the traffic signals located at Arden and Highland Avenue. Jay Lindberg, San Bernardino, CA, stated that he felt assessing $450 for traffic fmes was not being done for safety reasons-it sounded more like a tax. He stated that the City should invite solar/renewable energy companies to come to San Bernardino to develop vacant property. 9 01/0412010 Karen Serrano, San Bernardino, CA, representative in the office of Congressman Joe Baca, stated that based on the fact that San Bernardino County is currently experiencing a 14 percent unemployment rate, the Congressman has extended an open invitation to attend a job summit scheduled for Thursday, January 28, 2010, from 9 a.m. to 12 noon, at the Center Stage Theater located at 8473 Sierra Avenue in downtown Fontana. M'Zare Murphy, San Bernardino, CA, spoke regarding the fees that are being charged by Code Enforcement for rental property inspections. 28. Adjournment At 5:09 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., Tuesday, January 19,2010. RACHEL G. CLARK City Clerk By ~ J..-dJ~/VI"" _ Linda Sutherland Deputy City Clerk 10 01/04/2010