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HomeMy WebLinkAbout02-22-2011 Jt. Reg Mtg Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Vacant Tobin Brinker Fred 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 FEBRUARY 22,2011 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:33 p.m., Tuesday, February 22, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. None. Second Ward. Absent: Vacant: 1. Closed Session Pursuant to Government Code Section(s): A. Conference with' legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Jaime Alvarez, et al. v. City of San Bernardino, et al. - United States Court of Appeals, Case No. 09-55001; 02/22/2011 Elvia ARuilar v. City of San Bernardino, et at. - United States District Court, Case No. CV10-03659; Barnes, Yvonne v. City, et al. - San Bernardino Superior Court, Case No. CIVSS 807102; Desrochers, Michael, Lowes, Steve v. City, et al. - San Bernardino Superior Court, Case No. CV 09-04306; Alicia R. Garcia and Joseph D. RodriRuez v. City of San Bernardino and Doe Officers - United States District Court, Case No. CV 09-04306; Lowes, Steve v. Michael Billdt, et at. - United States District Court, Case No. EDCV09-2215 VAP(OPx); People of the State of California, by and throuRh James F. Penman, City Attorney of the City of San Bernardino vs. MarRaret Sherman, Michael Sherman, and Rajae Zarour, doinR business as The Hudson Theater; CCI Club SB UC; Does 1 throuRh 20, inclusive - San Bernardino Superior Court, Case No. CIVDS 917881; Placo San Bernardino, LLC v. City, et al. - United States District Court, Case No. CVll-01l87GW (FMOx). 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: San Bernardino City Professional Firefighters Inland Communities Corp. v. City of San Bernardino (Paradise Hills) C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: People v. Carrington Mortgage City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. 2 02/22/2011 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: Salvation Army 1. Property Address: 5th Street & Spruce Street - APN: 0134-054- 07, 08, & 09; APN: 0134-054-29; APN: 0134-054-20, 21, 22, 23, 25, and 26 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Captain Stephen Ball on behalf of the Salvation Army, as Owner /Seller. Under Negotiation: Purchase price, terms and conditions. "E" Street Urban Block 2. Property Address: APN: 0134-071-56; APN: 0134-081-06, 07, 18,20,21, and 24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Gregory D. Villanueva, et aI, as Owner/Seller. Under Negotiation: Purchase price, terms and conditions. City Attorney Penman announced that the following additional items would be discussed in closed session under Agenda Item No. 1B, significant exposure to litigation: Cal Recycle v. City of San Bernardino; and Agenda Item No. 21 regarding the tow fee readjustment. 3 02/22/2011 Closed Session Public Comment Tom Jacobsen, attorney for Carrington Mortgage Company, provided background information regarding his client. He stated that in discussing this matter with the City Attorney's office they looked at the total amount of fees and fines due of $345,000, and they took 50 percent of that, which is $172,650. They then subtracted the $64,900 that had previously been paid by his client, leaving a balance of $107,750, which is the amount his client is willing to pay the City to resolve the matter in compromise of the potential lawsuit. Closed Session Announcement City Clerk Clark announced that during closed session a motion was made by Council Member McCammack, seconded by Council Member Johnson not to accept the compromise offered by the party in the case of People v. Carrington Mortgage. The motion carried with Shorett 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 Mayor/Chairman Morris requested a moment of silence in memory of Retired Master Sergeant Vernon Bragg, Jr., Edward R. Rothhaar, Enrique "Rick" Gonzalez, and Senior Master Sergeant Thomas Gueston, Jr. Invocation/Pledge of Allegiance The invocation was given by Retired Rabbi Emeritus Hillel Cohn. The pledge of allegiance was led by Anna Quihuis, a fifth grade student at Jefferson Hunt Elementary School. 2. Appointment - Lukas Routhieaux - Community Development Citizen Advisory Committee - Council Member Kelley Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the appointment of Lukas Routhieaux to the Community Development Citizen Advisory Committee, as requested by Council Member Kelley, be approved. The motion carried unanimously. 3. Presentations & Proclamations Beverly Powell, Regional Manager for Public Affairs from Southern California Edison gave a PowerPoint presentation to the Mayor and Common Council 4 02/22/2011 entitled, "SCE Infrastructure and Investment Partnership with the City of San Bernardino. " Kristine Scott, Public Affairs Manager from the Southern California Gas Company made a PowerPoint presentation to the Mayor and Common Council entitled, "City of San Bernardino Pipeline System Safety." Council Member McCammack presented the Citizen of the Month award to Kim Carter, Founder and Executive Director of the Time for Change Foundation. Council Member Marquez presented a proclamation to retired Police Detective Elizabeth Mulleavey recognizing her 31 years of service to the Police Department. Public Works Director Nadeem Majaj and Chief of Police Keith Kilmer made a PowerPoint presentation to the Mayor and Common Council entitled, "Streets & Parks Lighting Challenges & Strategies," dated February 22, 2011. Council Member/Commissioner Kelley distributed and submitted a document into the record entitled, "Estimation of San Bernardino / 5th Ward / Streetlight Status / Outage," dated February 22, 2011. 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 Department Years of Service Willie Brigham Parks, Recreation & 10 Community Services Hector Garcia Parks, Recreation & 10 Community Services Gary Powell Parks, Recreation & 10 Community Services Art Villasenor Parks, Recreation & 10 Community Services Frank Alvarez Police 25 Susan Freese Police 10 Susan Tuxen Police 20 Thomas Frossard Public Works 5 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 02/22/2011 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 dated February 22,2011, 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: December 6,2010; and December 20,2010. 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 15, 2011, 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 February 17, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 9. RES. 2011-35 - Resolution of the Mayor and Common Council of the City of San Bernardino reauthorizing an amendment to the 2009 Professional Services Agreement with William Holt for Hearing Officer and/or Administrative Law Officer services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-35 was adopted unanimously. 10. RES. 2011-36 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the National Pollutant Discharge Elimination System Stormwater Permit Implementation Agreement, Santa Ana Region. 6 02/22/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-36 was adopted unanimously. 11. RES. 2011-37 - Resolution of the City of San Bernardino authorizing 800 MHz Radio Services to be provided to Patton State Hospital for fiscal year 2010/2011. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-37 was adopted unanimously. 12. RES. 2011-39 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California supporting a high speed rail alignment along the 1-215 corridor with stations near March Air Reserve Base and the Downtown San Bernardino Transit Center. Council Member/Commissioner McCammack stated that she would be abstaining from voting on this matter because she has a problem with the amount of money that these kinds of projects will cost the taxpayers. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-39 was adopted with Kelley and McCammack abstaining. 13. RES. 2011-40 - Resolution of the City of San Bernardino amending Resolution No. 2010-365 authorizing execution of Jurisdiction Master Agreement No. C10254 with San Bernardino County Transportation Authority and the City of San Bernardino for partial funding of eligible projects from Measure I 2010-2040 revenues identified in Measure I 2010- 2040 Strategic Plan's Valley Major Street Program-Arterial Sub-Program. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-40 was adopted unanimously. 14. RES. 2011-38 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to C.P. Construction Co., Inc. for sewer improvements in Rialto Avenue from Lena Road to Tippecanoe A venue (SW08-05), per Project Plan No. 12283A. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-38 was adopted unanimously. 7 02/22/2011 15. Approval of the SB Direct Call Center staffing actions Debra Kurita, Assistant City Manager, stated that after discussions between the City Manager and the City Attorney, it was determined that it would be best to revise the job descriptions and identify the Call Taker and Senior Call Taker positions as classified. The Community Relations Supervisor/Assistant of the City Manager was an unclassified position and that job description was also revised to reflect that the position would report directly to the City Manager and that person would serve as a community liaison in addition to providing oversight to the call center. Ms. Kurita pointed out that the Water Commissioners approved a similar item at their meeting of January 18 and identified this as a direct benefit to the Water Department in order to support the equivalent of one full-time receptionist. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCammack noted that from July 1, 2011 through June 30, 2012, this program would cost almost $500,000, and $116,000 of that would be funded by EDA and the Water Department. She stated that this was probably a great idea in principle, but she felt that the City could not afford to spend this amount of money. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Brinker, that the following positions be established: a) one Community Relations Supervisor/Assistant of the City Manager (D), Range 4520, $5,928-$7,218/month; b) two Senior SB Direct Call Taker, Range 1410, $3,431-$4, 170/month; and c) four SB Direct Call Taker, Range 1380, $2,954- $3,5911month; and That the following posItIOns be deleted: a) one Integrated Waste Customer Service Supervisor (Public Works), Range 2460, $4,402-$5, 3511month; b) one Lead Integrated Waste Customer Service Representative (Public Works), Range 1400, $3,264-$3,967 /month; c) one Senior Administrative Assistant (Public Works), Range 1380, $2,954-$3,5911month; d) one Administrative Analyst II (Community Development), Range 4480, $4864-$5,912/month; e) one Administrative Assistant (Community Development), Range 1380, $2,954- $3,5911month; and f) One Senior Customer Service Representative/Dispatch (Animal Control), Range 1370, $2,81O-$3,416/month; and That said job descriptions be approved; and that the Human Resources Director be authorized to update Resolution Nos. 97-244 and 2008-033 to reflect these actions. No vote was taken. 8 02/22/2011 Council Member/Commissioner Brinker stated that customer service and internal communications are two big problems at City Hall and he spoke about the efficiencies and savings in staff time he felt would occur as a result of implementing the call center. He stated that his only concern was with the cost of the salaries and suggested reducing the base salaries by ten percent, which would be in addition to the ten percent employee concession. Council Member/Commissioner Brinker made a substitute motion, seconded by Council Member/Commissioner Marquez, that the following positions be established: a) one Community Relations Supervisor/Assistant of the City Manager (D), Range 4520, $5,928-$7,218/month; b) two Senior SB Direct Call Taker, Range 1410, $3,431-$4, 170/month; and c) four SB Direct Call Taker, Range 1380, $2,954-$3,5911month; and that said salary ranges be reduced by ten (10) percent; and That the following pOSItIOns be deleted: a) one Integrated Waste Customer Service Supervisor (Public Works), Range 2460, $4,402-$5,351/month; b) one Lead Integrated Waste Customer Service Representative (Public Works), Range 1400, $3,264-$3,967/month; c) one Senior Administrative Assistant (Public Works), Range 1380, $2,954-$3,5911month; d) one Administrative Analyst II (Community Development), Range 4480, $4864-$5,912/month; e) one Administrative Assistant (Community Development), Range 1380, $2,954- $3,5911month; and t) One Senior Customer Service Representative/Dispatch (Animal Control), Range 1370, $2,81O-$3,416/month; and That said job descriptions be approved; and that the Human Resources Director be authorized to update Resolution Nos. 97-244 and 2008-033 to reflect these actions. The motion carried with McCammack voting "no." 16. Public Hearing - Resolution authorizing the execution of a Purchase and Sale Agreement and Grant Deed for a portion of City Water Department property generally located northeasterly of Meyers Road and west of Martin Ranch Road RES. 2011-41 - Resolution of the City of San Bernardino directing and authorizing the execution of a Purchase and Sale Agreement and the execution of a grant deed for the sale of City of San Bernardino Municipal Water Department owned parcel of real property generally located northeasterly of Meyers Road and west of Martin Ranch Road in the City of San Bernardino to Montecito Equities, Ltd. Mayor/Chairman Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: 9 02/22/2011 Frank Schnetz, San Bernardino, CA, consultant working with Montecito Equities, Ltd., answered a question regarding the valuation of the property. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2011-41 was adopted with Johnson voting "no." 17. Public Hearing - Resolution ordering vacation of portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way RES. 2011-42 - Resolution of the City of San Bernardino ordering the vacation of portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way and reserving utility easements therein. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack stated that she would be abstaining on this item because it involved a request by the school district who is a client of her business. She left the Council Chambers and returned after the vote was taken. City Attorney Penman stated that he would be abstaining on this matter because his wife is a member of the school board. He advised that Mr. Sabo had reviewed the item and was available to provide any legal advice. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the Findings of Fact, as set forth in the staff report from the Public Works Director, dated January 25, 2011, as to why the portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way are no longer necessary for public utility purposes be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2011-42 was adopted with McCammack abstaining. 18. RES. 2011-43 - Resolution of the City of San Bernardino authorizing the rental of a Managed Power Solution for the City of San Bernardino Police Department's Headquarters facility from Odyssey Power Corp., of Anaheim, California. (Continued from February 7,2011) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2011-43 was adopted unanimously. 10 02/22/2011 19. Annual Litigation Report (2010) and request for additional funding for outside counsel and litigation expenses An intra-office memorandum addressed to the Mayor and Common Council from Diane Catran Roth, regarding the City Attorney's "2010 Annual Litigation Report," dated February 22, 2011, was distributed and submitted into the record. City Attorney Penman provided an overview of the report. He stated that his recommendation throughout the years has been that the costs should be charged to the departments whose activities give rise to the expenditures because that is the only real way to track them. He noted that the City has had a 34 percent increase in lawsuits over the last two years. Mr. Penman stated that his office has approximately $100,000 in bills for outside attorney fees that have already been incurred, but they have not yet been sent to Finance because the money has not been budgeted. Additionally, they have another $200,000 in binding legal contracts that the Mayor and Council have entered into with outside law firms. He stated that he had explained during the budget process last year that if they laid off attorneys in house, which is what they would have to do to save the amount of money they are being asked to cut, they would have to take the cases those attorneys were handling and farm them out, which would cost even more. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Annual Litigation Report (2010) be received and filed; that additional funding of $300,000 for outside attorney services and an additional $150,000 for litigation expenses be authorized; and that the Director of Finance be authorized to amend the fiscal year 2010/11 City General Fund Budget to reflect an increase of $300,000 to Account No. 001-050- 5503-0000-0006 and an increase of $150,000 to Account No. 001-050-5177- 0000-0006. No vote was taken. Council Member/Commissioner Brinker stated that his concern was that the City Attorney's office had not identified where the money was going to come from and he questioned whether the City Attorney's office was operating as efficiently as it could be. He recommended that this item be sent back to the Ways & Means Committee to figure out where the money was going to come from. A lengthy discussion ensued. Council Member/Commissioner Brinker made a substitute motion, seconded by Council Member/Commissioner Johnson, that the matter be referred to the Ways & Means Committee to find a funding source. The motion carried with Kelley voting "no." 11 02/22/2011 20. Discussion and possible action concerning calling a Special Election to fill the vacancy of the 2nd Ward Council seat Council Member/Commissioner McCammack made a motion that the City Clerk and City Attorney's Office proceed with preparing the required Resolution(s) to call for a special election to be held in the 2nd Ward on Tuesday, August 2, 2011, and that the appropriate resolution(s) be placed on the March 7, 2011 agenda of the Mayor and Common Council. The motion died for lack of a second. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the City Clerk and City Attorney's Office proceed with preparing the required Resolution(s) to call for a special election to be held in the 2nd Ward on Tuesday, July 12, 2011, and that the appropriate resolution(s) be placed on the March 7, 2011 agenda of the Mayor and Common Council. The motion carried unanimously. 21. RES. 2011-34 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing tow carrier franchise fees as required by Resolution 2005-286 and the City's existing Tow Service Agreements. Public Comments: Lilliana Vach, Glendale, CA, spoke on behalf of Wilson Towing; Clay Wooster, San Bernardino, CA, spoke on behalf of Tri-City Towing; Jerry Lair, San Bernardino, CA; Paulina Schiarett, San Bernardino, CA; Micheale Hayes, San Bernardino, CA, spoke on behalf of Hayes Towing; Randy Wyatt, San Bernardino, CA, collision repair shop owner; Keith Ashmore, San Bernardino, CA, driver for City Towing; Derek Zarbok, Redlands, CA; Robert Ring, Los Angeles, CA, Attorney for City towing companies. Mayor/Chairman Morris explained that the resolution before the Mayor and Common Council was a resolution to set the tow carrier franchise fees as required by the previous resolution for the six existing carriers, based upon the 2010 tow numbers. He stated that the issue would be coming back next month for further discussion. City Attorney Penman explained that a former council member had a pre-existing tow agreement with the City and California State law prohibits elected officials from having interest in a contract made by the legislative body of which they are members, which is a felony violation, and it also makes it a misdemeanor violation of law to try to influence the outcome of a decision. Because all of these tow issues exist, because the last time the City Council set the tow franchise 12 02/22/2011 fees was the second meeting in February 2010, and because the contract and the existing resolution require the City to set the franchise fees annually, the Council was put in a position where it needed to act to set the tow franchise fees so it would not appear as though the Council was trying to do something favorably for said council member. He added that this item was more of a technicality. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Council Member/Commissioner McCammack requested that the maker of the motion consider sending the matter of the City's Tow Service Agreement to the Legislative Review Committee, Ways and Means Committee, or the Police Ad Hoc Committee for further discussion. Council Member/Commissioner Johnson amended his original motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the matter be referred to the Ways & Means Committee for further discussion. The motion carried and Resolution No. 2011-34 was adopted unanimously. 22. RES. 2011-33 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the terms and conditions of employment for the Fire Safety Employees. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson that said resolution be adopted. Resolution No. 2011-33 was adopted with Kelley and McCammack voting "no." City Attorney Penman recused himself because his office could be a witness in potential litigation as a result of some legal opinions they issued over the years. Mayor/Chairman Morris advised that a speaker slip had been turned in by Mr. Ortiz; therefore, he asked if he could get a motion to reconsider the item. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that the item be reconsidered. The motion carried with Johnson voting "no." Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-33 was adopted with Kelley and McCammack voting "no." 13 02/22/2011 23. Item deleted. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: None. Vacant: Second Ward. R24. Procedures for the formation and election of the Project Area Committee for the Merged, Amended, and Restated Redevelopment Plan for the proposed San Bernardino Merged Redevelopment Project Area B (State College, Central City West, Northwest, Uptown, Mount Vernon Corridor, 40th Street) and Added Areas RES. 2011-44 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and adopting the procedures for the formation and election of the Project Area Committee for the Merged, Amended, and Restated Redevelopment Plan for the proposed San Bernardino Merged Redevelopment Project Area B (State College, Central City West, Northwest, Uptown, Mount Vernon Corridor, 40th Street) and added areas. Council Member/Commissioner McCammack stated that she would be abstaining on this matter because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-44 was adopted with Kelley voting "no" and McCammack abstaining. R25. Resolutions of the Mayor and Common Council in opposition to the Governor of California's proposal to abolish redevelopment agencies and enterprise zones in California RES. 2011-45 - Resolution of the Mayor and Common Council of the City of San Bernardino in opposition to the Governor of California's proposal to abolish redevelopment agencies in California. (R25A) 14 02/22/2011 RES. 2011-46 - Resolution of the Mayor and Common Council of the City of San Bernardino in opposition to the Governor of California's proposal to abolish enterprise zones in California. (R25B) Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A and B, be adopted. Resolution Nos. 2011-45 and 2011-46 were adopted unanimously. R26. Amendment No. 1 to the Professional Services Agreement with MAPCO Corporation for design and engineering services for Handicapped Access Street Improvement and Infrastructure Projects RES. CDC/2011-7 - 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 Amendment No. 1 to the Professional Services Agreement by and between the Agency and MAPCO Corporation for professional consulting and engineering services for Handicapped Access Street Improvement and Infrastructure Projects (40th Street, South Valle, Central City East, Central City North, Central City South, IVDA and Northwest Redevelopment Project Areas). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-7 was adopted unanimously. 27. Discussion and possible action on motion that regular agenda briefing meetings be open to the public and that notices of said meetings be posted in accordance with the Brown Act Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of March 7, 2011. The motion carried unanimously. 28. Public Comments Joe Ortiz, San Bernardino, CA, thanked Councilman Kelley, Councilwoman McCammack, and several City departments for the good work they are doing for the City. 15 02/2212011 Barbara Babcock, San Bernardino, CA, announced that Margaret Hill had been nominated to receive a doctorate of education; and spoke about an opportunity to bring some exciting new projects to the City. Randy Wyatt, San Bernardino, CA, spoke about a $100 fine he received from Code Enforcement for $6 worth of missing caps on his chain link fence and a $100 fine he received on another property for unapproved lawn furniture. Jim Smith, San Bernardino, CA, stated that the editorial that appeared in the newspaper last Sunday that was written by Marge Simondes was worth reading; and commended City staff for the professional work they are doing under the leadership of City Manager Charles McNeely. 29. Adjournment At 10:44 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 7, 2011. RACHEL G. CLARK City Clerk BY~'~ Linda Sutherland Deputy City Clerk 16 02/22/2011