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HomeMy WebLinkAbout03-07-2011 Jt. Reg Mtg 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 McCammnck MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 7,2011 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 Pro Tempore Brinker at 1:37 p.m., Monday, March 7,2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor Pro Tern Brinker; Council Members/Commissioners Marquez, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; Assistant City Manager Kurita; City Clerk Clark. Absent: Mayor/Chairman Morris. Vacant: Second Ward. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): San Bernardino City Professional Firefif.fhters v. City, et al. - San Bernardino Superior Court, Case No. CNSS 1102415. 1 03/07/2011 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Red Light Cameras - Agenda Item #31 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City Redevelopment Project Area 1. Property Address: 295 Carousel Mall, San Bernardino APNs: 0134-181-28, 0134-211-34 and 38, 0134-291-11, 0134-301-22, 0134-231-29, 0134-231-27 and 28 and 0134-221-45 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Leasor and David H. Slaughter, Director of Real Estate Services Department, County of San Bernardino, as Leasee. Under Negotiation: Lease terms and conditions. 2 03/07/2011 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Moment of Silence A moment of silence was observed in memory of Victor and Kane Alexander. Invocation/Pledge of Allegiance The invocation was given by Pastor Joel Alvarado of The Rock Church. The pledge of allegiance was led by Kamouri Fradiue, a fifth grade student from Inghram Elementary School. 2. Appointment - Charlotte R. LeVecque - Animal Control Commission - Council Member Shorett Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the appointment of Charlotte LeVecque to the Animal Control Commission, as requested by Council Member Shorett, be approved. The motion carried unanimously. 3. Proclamations & Presentations Council Member/Commissioner Kelley presented a proclamation to Sister Camillus Gavigan and Sister Maura Redington declaring the month of March as Irish American Month in the City of San Bernardino, followed by a bagpipe presentation by Valerie Byrnes and Lela Perriello. Council Member/Commissioner Kelley presented a resolution to members of the Eta Beta Chapter of the Alpha Phi Fraternity at California State University San Bernardino acknowledging their work. The Citizen of the Month award was presented to Michael Dickinson, Steve Filson, and Mrs. Kathy Toy of the Public Safety Academy by Council Member/Commissioner Marquez. Mayor Pro Tern Brinker and Fire Chief Conrad honored Willie Coats and Aaron Lutton (who could not be present) with Citizen A wards and Certificates of Commendation for their heroic efforts in a rescue of residents involved in a fire at 4599 North Sierra Way. 3 03/07/2011 4. Announcements Announcements were made by the Mayor Pro Tern, Members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5 . Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission dated March 7, 2011, be waived. The motion carried unanimously. 6. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated March 2, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the personnel actions, as submitted by the Chief Examiner, dated March 3 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. 8. RES. 2011-58 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Timothy Sabo, of Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to advise the Planning Commission and the Mayor and Common Council regarding the proposed revocation/ modification of Conditional Use Permit No. 93-14 to operate a nightclub at 295 E. Caroline Street, San Bernardino. City Attorney Penman provided background information on the case. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted with funding to come from the City's legal budget. (No vote was taken.) 4 03/07/2011 City Attorney Pemnan advised that the City's legal budget does not have the money to pay this. The only way they could do that would be to layoff an attorney, and if they laid off an attorney then a minimum of five to ten other cases would be farmed out, which would triple the cost. He stated that what was being suggested is an impossibility-the money is simply not there. Mr. Pemnan stated that he had asked this year for an allocation of $670,800 for outside attorneys. He stated that in each of the last five years they have spent over $700,000 on outside attorneys and they have no choice in this matter-they do not control the number of lawsuits that their office does not generate. He suggested they get the money from the Liability Reserve, although that would reduce the money available to pay lawsuits that the City may lose. He also pointed out that case law is clear that mandated items must be paid for first, prior to discretionary items. This matter was discussed at length. City Manager McNeely reminded everyone that this whole discussion, per Council direction, was supposed to have taken place at the Ways and Means Committee meeting. This would allow the attorney and budget staff, in concert with committee members, to go through the appropriate data and evaluate and decide on a plan for funding. He noted that the meeting was still scheduled for Wednesday; however, to the extent that the Council did something to approve this today, that would take this portion of the discussion off the table. It was noted that Agenda Item Nos. 8 and 11 would come from the funding to be discussed under Agenda Item No. 34, that funding had been identified for Agenda Item No.9 in the Economic Development Agency (EDA) budget, and Agenda Item No. 10 would be funded by Human Resources. Mr. Pemnan again suggested using the Liability Reserve for Agenda Item Nos. 8 and 11, with the funding to be discussed further at the Ways and Means Committee meeting. Council Member/Commissioner Shorett noted that the City Attorney had budgeted $3.7 million for his budget this year, and knew from past years that he would need at least $700,000 for outside legal counsel. This would leave approximately $3 million for meeting the remaining budget demands of the City Attorney's office. Council Member/Commissioner Kelley reminded his colleagues that the Council was told that the City Attorney needed this dollar amount and they said "no." The City Attorney then said he would just come back and ask for more money. He noted that everybody voted to hire these outside counsel, so now they need to cover the expense. 5 03/07/2011 Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner McCammack, that the Council go ahead on these particular items of concern and use the Liability Reserve for funding, and then at the Ways and Means Committee meeting address other funding for these items. City Manager McNeely stated that the Liability Reserve is budgeted for cases that staff believes the City may have to pay, and anytime you take money from these funds you run the risk of having no money when it is needed and you have to find the money elsewhere. City Attorney Penman advised that the City Attorney investigators have raised $352,911 in Administrative Civil Penalties, so in essence there are two funding sources available. The substitute motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner McCammack, that the Council go ahead on these particular items of concern and use the Liability Reserve for funding, and then at the Ways and Means Committee meeting address other funding for these items failed with Marquez, Brinker, Shorett, and Johnson voting "no." The original motion made by Council Member/Commissioner Shorett, seconded by Council Member/Commissioner Johnson, that said resolution be adopted, with funding to come from the City's legal budget carried and Resolution No. 2011-58 was adopted with Kelley and McCammack abstaining. 9. Approval of Professional Services Agreement with Lewis, Brisbois, Bisgaard & Smith for representation in the case of Placo San Bernardino LLC v. City of San Bernardino, et al., and authorization for the cost of the City's defense to be borne by the Economic Development Agency RES. 2011-59 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Timothy Sabo, of Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for representation in the case of Placo San Bernardino, LLC, v. City of San Bernardino, et al., United States District Court No. CVll-01l87GW (FMOx). (9A) RES. CDC/2011-12 - Resolution of the Community Development Commission of the City of San Bernardino directing the Economic Development Agency to pay the City's attorneys' fees and costs of Lewis, Brisbois, Bisgaard & Smith for representation in the case of Placo San Bernardino, LLC, v. City of San Bernardino, et al., United States District Court No. CVll-01l87GW (FMOx). (9B) 6 03/07/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2011-59 and Community Development Commission Resolution No. CDC/2011-12 were adopted with Kelley and McCammack abstaining. 10. RES. 2011-60 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Atkinson, Andelson, Loya, Ruud & Romo and the City of San Bernardino in the case of San Bernardino City Professional Firefighters, Local 891; Richard "Scott" Moss v. City of San Bernardino; San Bernardino City Council; Does 1-10, inclusive. City Attorney Penman stated that in this particular case the City Attorney's office may be witnesses so his office had declared a conflict. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-60 was adopted with Kelley voting "no" and McCammack abstaining. 11. RES. 2011-61 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Elvia Aguilar v. City of San Bernardino, et al., United States District Court, Case No. CV10-03659 SJO (PLAx). Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted with funding to come from the City's legal budget. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that the Council fund all of the outside legal defenses that are being asked for on this agenda and use the Administrative Civil Penalties money to pay for them. The motion failed with Marquez, Brinker, Shorett, and Johnson voting "no." The motion made by Council Member/Commissioner Shorett, seconded by Council Member/Commissioner Johnson, that said resolution be adopted with funding to come from the City's legal budget carried and Resolution No. 2011- 61 was adopted with Kelley and McCammack abstaining. 7 03/07/2011 Later in the meeting, City Attorney Penman asked the Council to reconsider Agenda Item No. 11. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Council reconsider Agenda Item No. 11. The motion carried unanimously. Council Member/Commissioner McCammack noted that the amount needed was $25,000 (for the attorney) plus $62,230 (for the two experts' testimony) for a total of $87,230-which she rounded to $90,000. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Council approve $90,000 to fund this case and refer it to Ways and Means Committee to determine a funding source. Discussion ensued. Both Council Members/Commissioners Marquez and McCammack stated that they would each be willing to give up $10,000 from their training/travel budgets to help with the funding of this case. Council Member/Commissioner McCammack amended her motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted, with approved funding up to $90,000 from the following sources: $10,000 from Council Member Marquez' training/travel budget, $10,000 from Council Member McCammack's training/travel budget, and the balance from the Administrative Civil Penalties (ACP) reserve fund. The motion carried and Resolution No. 2011-61 was adopted with Shorett abstaining. 12. RES. 2011-62 - Resolution of the Mayor and Common Council of the City of San Bernardino accepting the resignation of Second Ward Council Member Jason Desjardins; calling a special election in the Second Ward of the City for July 12, 2011, to fill the vacant Council seat in said ward, calling the special election to be conducted wholly by mail ballots; and other related matters. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-62 was adopted with McCammack abstaining. 13. RES. 2011-48 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an on-line grant application for the 2010 Assistance to Firefighters Grant Program: Fire Prevention and Safety Grant to the Department of Homeland Security in the amount of $96,463. 8 03/07/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-48 was adopted unanimously. 14. Item deleted 15. RES. 2011-49 - Resolution of the Mayor and Common Council of the City of San Bernardino canceling the annual Services Agreement approved November 1, 2010 and authorizing the City Manager to approve an annual Services Agreement between the City of San Bernardino and the Boys and Girls Club of San Bernardino, Inc. to provide community services at the Delmann Heights Community Center. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Sltorett, that said resolution be adopted. Resolution No. 2011-49 was adopted unanimously. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to approve a Facility Lease Agreement between the City of San Bernardino and Project Fighting Chance to provide community and youth services at Perris Hill Community Center (previously a Special Place Children's Museum). Note: No resolution was distributed with the backup materials. Staff requested a continuance of this matter. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of March 21, 2011. The motion carried unanimously. 17. RES. 2011-50 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the re-issuance of the Fourth Amendment to the Waste Delivery Agreement between the County of San Bernardino and the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-50 was adopted unanimously. 18. Authorize the Director of Public Works to execute Contract Change Order No. One with All American Asphalt for Street Improvements on Cajon Boulevard related to Federal EDA Award No. 07-01-06147, per Project Plan No. 12155. 9 03/07/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the Director of Public Works be authorized to execute Contract Change Order No. One with All American Asphalt for Street Improvements on Cajon Boulevard related to EDA Award No. 07-01- 06147, per Project Plan No. 12155 The motion carried unanimously. 19. Authorize the Director of Public Works to execute Contract Change Order No. Three with Weka, Inc. for the Sanitary Sewer Relocation Improvements for State Route 215 Freeway Widening, Segments 1, 2 and 5 (SW09-03), per Project Plan No. 12574 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the Director of Public Works be authorized to execute Contract Change Order No. Three with Weka, Inc. for the Sanitary Sewer Relocation Improvements for State Route 215 Freeway Widening, Segments 1, 2 and 5 (SW09-03), per Project Plan No. 12574. The motion carried unanimously. 20. RES. 2011-51 - 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 $35,124.12 to Alden Fleet Solutions, Inc. for GPS Tracking System Services to be utilized by the Public Works Department, Integrated Waste Management Division. Public Comments Charles Greenwood, San Bernardino, CA. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-51 was adopted with Kelley voting "no" and McCammack abstaining. 21. RES. 2011-52 - 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 four- way stop at the intersection of Twenty-Seventh Street and Davidson Avenue. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-52 was adopted unanimously. 10 03/07/2011 22. RES. 2011-53 - Resolution of the City of San Bernardino approving Amendment No. 2 to Agreement for Professional Architectural and Engineering Services at the Metrolink Parking Structure at Santa Fe Depot with Owen Design Group, Inc. for design and construction of the Santa Fe Depot Parking Structure Project (GB04-19). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-53 was adopted unanimously. 23. RES. 2011-63 - Resolution of the City of San Bernardino authorizing execution of a Public Highway Crossing Agreement with San Bernardino Associated Governments (SANBAG), the City of Colton and the Union Pacific Railroad Company (UPRR) for the design, construction and maintenance of a grade separation on Hunts Lane at the UPRR South of Redlands Boulevard (SS04-51). Mayor Pro Tern Brinker stated that he would abstain on this matter because he lives within 500 feet of the project site. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. The motion FAILED with Marquez, Shorett, and Johnson voting "yes" and Brinker, Kelley, and McCammack abstaining. Later in the meeting Council Member/Commissioner Kelley changed his vote from an abstention to a "yes." Resolution No. 2011-63 was adopted with Brinker and McCammack abstaining. 24. RES. 2011-54 - A 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 to Fairview Ford of San Bernardino pursuant to Section 3.04.010B-3 of the Municipal Code for the purchase of twelve (12) 2011 Ford Crown Victoria Police Interceptors utilized by the Police Department. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-54 was adopted unanimously. 11 03/07/2011 25. RES. 2011-55 - Resolution authorizing the execution of an Agreement and issuance of a purchase order to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code, for one (I) 2010 Schwarze M6000 Broom Sweeper powered by compressed natural gas to be utilized by the Public Services Department Street Division; and award a lease-purchase agreement to Pinnacle Public Finance. (25A) RES. 2011-56 - 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 to Fairview Ford of San Bernardino, pursuant to Section 3.04.010-B3 of the City of San Bernardino Municipal Code for the purchase of five refuse trucks, two flatbed trucks, one bin carrier truck and award a lease-purchase agreement to Pinnacle Public Finance. (25B) City Clerk Clark advised that although the agenda showed only one resolution for Agenda Item No. 25, in fact, the staff report had included two resolutions. She read the title of Resolution 25B into the record prior to a vote being taken. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolutions be adopted. Resolution Nos. 2011-55 and 2011-56 were adopted unanimously. 26. RES. 2011-57 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application for Waste Tire Cleanup and Amnesty Grant Program from the California Department of Resources Recycling and Recovery (CaIRecycle). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-57 was adopted unanimously. 27. An ordinance of the City of San Bernardino amending Section 8.24.285 of Chapter 8.24 of the San Bernardino Municipal Code concerning Self-Haul. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be laid over for final adoption. The motion carried unanimously. 28. Discussion and possible action concerning agenda briefing meetings (Continued from February 22, 2011) 12 03/07/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley that regular agenda briefing meetings be open to the public and that notices of said meetings be posted in accordance with the Brown Act. (No vote was taken.) Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that agenda briefmgs be abolished entirely. (No vote was taken.) Discussion ensued regarding the policy for Council members attendance at the agenda briefing meetings, whether the public could attend the briefings, the possibility of changing them to electronic meetings, and transparency and cost issues. Council Member/Commissioner Johnson made a second substitute motion, seconded by Council Member/Commissioner Marquez, that the matter be tabled. The motion carried with Kelley and McCammack voting "no." 29. RES. 2011-64 - Resolution of the City of San Bernardino authorizing the City Manager to execute an agreement with IQM2, Inc. for an Agenda Management System. Council Member/Commissioner McCammack made a motion that the matter be tabled. The motion failed for lack of a second. A PowerPoint presentation was made by Assistant City Manager Kurita and City Clerk Clark titled, City of San Bernardino, California Agenda Management System. City Attorney Penman advised that his office will still need hard copies of backup materials along the way in order to make their corrections/modifications, and there will have to be hard copies of all resolutions, ordinances and agreements. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-64 was adopted with McCammack voting "no." 30. Approval and implementation of public counter improvements for the Community Development Department Margo Wheeler, Director of Community Development, provided a PowerPoint presentation titled, Community Development Public Counter Services. 13 03/07/2011 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the Community Development Department Public Counter improvement program be approved and that the City Manager be directed to implement the program; and That the following actions be referred to the Personnel Committee for review: a) delete one Senior Administrative Assistant position; b) reclassify two Customer Service Representative positions to Development Services Technicians; and c) transfer funding and positions from the Fire Department to Community Development for two Code Enforcement Officer II positions and authorize two part-time positions; and That the Finance Director be authorized to amend the FY 2010/11 budget to reflect current year changes beginning April 1, 2011 and incorporate the changes into the FY 2011/12 budget proposal as listed in the staff report from the Director of Community Development dated March 1, 2011. The motion carried unanimously. 31. Red Light Camera Program options and resolution RES. 2011-65 - Resolution of the City of San Bernardino authorizing the Director of Finance to issue a purchase order to American Traffic Systems (ATS) of Phoenix, Arizona, for services rendered beginning FY 2010/11. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Marquez, to approve Option A: Terminate the Red Light Camera Program effective June 1, 2011, and pay any costs associated with early termination; and that said resolution be adopted. The motion carried and Resolution No. 2011-65 was adopted with McCammack abstaining. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor Pro Tern Brinker; Council Members/Commissioners Marquez, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Vacant: Second Ward. 14 03/07/2011 R32. Single-Family Residence Revitalization Program Second Quarter Report (October 1, 2010 through December 31, 2010) Council Member/Commissioner McCammack declared a conflict, stating that Neighborhood Housing Services of the Inland Empire is a business client. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the Community Development Commission of the City of San Bernardino receive and file the Quarterly Report of the Single-Family Residence Revitalization Program activities (October 1, 2010 through December 31,2010) for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack abstaining. R33. RES. CDC/2011-13 - 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 Professional Services Agreement by and between the Agency and Stechmann Geoscience, Inc., A California Corporation, concerning environmental investigations on Agency owned property located at the Southeast corner of 5th 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/2011-13 was adopted unanimously. 34. Request for increase in City Attorney's Office budget for outside counsel and litigation expenses Public Comments Brian Pellis, San Bernardino police officer Rich Lawhead, San Bernardino police officer Steve Turner, San Bernardino Police Officer's Association The speakers stated that when officers are involved in any litigation where outside counsel is needed, the Council needs to put politics aside and provide these officers with the protection they need and deserve. Council Member/Commissioner Kelley urged his colleagues to support this budget increase for the City Attorney's office. 15 03/07/2011 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the City Attorney's budget be increased by $300,000 for outside counsel and $150,000 for litigation expenses and referred to the Ways and Means Committee to find a funding source. City Manager McNeely stated that finding $450,000 was not going to be easy. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner Marquez, that the matter be referred to the Ways and Means Committee. The motion carried unanimously. 35. Public Comments Shirley Harlan, San Bernardino, CA expressed concern regarding the increased number of litigations and the conduct of the Council meetings. Lansing White, San Bernardino, CA spoke regarding a parking ticket he had received and asked for help in resolving the matter. David McCammack, San Bernardino, CA commented on the conduct of the Council meeting. Amelia Lopez, San Bernardino, CA spoke regarding transparency and accountability, especially when there is a difference of opinion on the Council. She stated that the public also desires accessibility. Carla Velarde, San Bernardino, CA spoke regarding Dan Thomas, a previous City employee, who recently passed away. Mayor Pro Tern Brinker stated that he would adjourn the meeting in Mr. Thomas' memory. Carla Gamboa, Deserae, Seidy, Sandra, and Esperanza, a group of students from Cal State San Bernardino, stated that they were present to advocate for and empower a community in the Second Ward, whose main concern is safety. They submitted a Petition for Turning on Street Lights and Implementing Speed Bumps for Community in Ward II. Rose Loya, San Bernardino, CA spoke regarding the murder of her brother, John, several years ago and submitted documents regarding the case, stating that she wants the case reopened and wants to clear her brother's name. Jim Smith, San Bernardino, CA, spoke regarding the conduct exhibited at the Council meetings, commended the City Manager on his development of new programs and hiring of new personnel, and commended the good job being done by Police Chief Kilmer. 16 03/07/2011 Charles Greenwood, San Bernardino, CA commended the young ladies from Cal State on their presentation. S 1. Discuss and take action to appoint Commission members to the Board of Directors of the San Bernardino Economic Development Corporation, Inc.; and to approve the Hunts Lane grade separation crossing in an estimated amount equal to $4,500,000 as a Third Ward project to be included in Exhibit "A" to the Project Funding Agreement approved on March 4,2011. Council Member/Commissioner Brinker stated that he would vote on Motion A (appointment of Commission members to Board), but would abstain on Motion B (Hunts Lane grade separation), as he lives within 500 feet of the project site. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that Mayor Morris, Commissioner Brinker, and Commissioner Johnson be appointed to the Board of Directors of the San Bernardino Economic Development Corporation, Inc., and that the names of said Commission members be inserted into Resolution No. CDC/20ll-8 as approved on March 4, 2011. City Attorney Penman advised that pursuant to the Charter, it was the authority and responsibility of the Mayor to make these appointments-not the authority of the Common Council. He stated that the Mayor needs to make the appointments and the Council would then ratify them. Council Member/Commissioner Shorett withdrew his motion. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. The motion carried with Kelley abstaining. Prior to discussion of Motion B (Hunts Lane grade separation), Council Member/Commissioner Brinker left the Council Chambers and returned following the discussion. Council Member/Commissioner McCammack also declared a conflict and left the Council Chambers because the discussion had to do with re-inserting the Hunts Lane project to Exhibit "A" that had been approved by the Commission on March 4, 2011, which also included projects in the Uptown Redevelopment Project Area where Ms. McCammack owns property. She returned following the discussion. 17 03/07/2011 City Attorney Penman stated that the second action regarding this item, Motion B, regarding the Hunts Lane grade separation, should have been removed from the agenda-that Deputy City Attorney Empeiio had been informed that Public Works had included the CIP project as one of their items. Economic Development Agency Interim Executive Director Marzullo advised that on Thursday night the Commission had approved a non-profit structure with a series of projects. This project was added because it was in the City's elP, but they didn't know at the time that they had funding allocated for this particular project from federal funds. At that time, Council Member/ Commissioner Brinker had asked that this item be separated out due to his conflict. He noted that earlier tonight the Council took action on Agenda Item No. 23, which essentially killed the funding when the motion failed. He questioned whether the Council/Commission wanted to keep the project in as an RDA funded project (which was just partial funding), or they could go back and redo the project with the federal funding. Director of Public Works Nadeem Majaj advised that this is a $26 million project that is fully funded through SAN BAG , so there is no cost to the City. He stated that he thought construction was scheduled to begin in the next fiscal year. Council Member/Commissioner Kelley stated that he would like someone on staff to make a commitment to advocate with SANBAG for the residents and students who have to use University Parkway for either a loop ramp, flyover, or even a grade separation on University Parkway. He requested that if there is a cost savings on the Hunts Lane project that the money be used for University Parkway. Mr. Kelley also stated that he wanted to change his vote on Agenda Item No. 23 from an abstention to a "yes" vote. (See Agenda Item No. 23.) No action was taken on Agenda Item No. Sl, Motion B. 18 03/07/2011 36. Adjournment At 10: 17 p.m. Mayor Pro Tern Brinker adjourned the meeting with a moment of silence in honor of Dan Thomas. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1 :30 p.m., Monday, March 21, 2011. RACHEL G. CLARK City Clerk By ~~~ Linda E. Hartzel Deputy City Clerk 19 03/07/2011 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-16 was adopted with Kelley voting "no" and McCammack abstaining. R33. CDC/2011-17 - 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 Agreement for Professional Services by and between the Agency and The Fransen Company, for Commercial/Retail and Marketing/Siting Advisory Services for the Downtown Core Vision and Action Plan Area and Business Retention/Expansion/Attraction and Job Creation Program. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-17 was adopted with McCammack voting "no." R34. California Housing Foundation, Inc., a non-profit 501(c)(3) organization - Amendment No. 2 to the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement RES. CDC/2011-18 - 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 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/2011-18 was adopted with Johnson absent. R35. Amendment No.1 to the 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement for additional off-site improvement costs 17 03/21/2011 RES. CDC/2011-19 - 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 Low and Moderate Income Housing Funds Grant Disposition and Development Agreement by and between the Agency and TELACU Housing - San Bernardino V, Inc., ("Developer") (Central City North Redevelopment Project Area). Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-19 was adopted with McCammack absent. R36. RES. CDC/2011-20 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Agreement for Professional Services by and between the Agency and Ludwig Engineering, Inc., for architectural and / engineering design services for Theater Square (Central City North Redevelopment Project Area). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-20 was adopted with McCammack absent. 37. Public Comments Carmen Dominguez Nevarez, San Bernardino, CA, submitted into the record a letter addressed to the Honorable Mayor; City Council, & attendees dated March 21, 2011, requesting that the house at 2966 Park Avenue be designated as one of the "200 Historic Sites for 200 Years" and marked with a commemorative plaque as being the home where the first initial meeting of the Community Service Organization (CSO) was held with Cesar Chavez. Al Palazzo, Rialto, CA, spoke in support of Ms. Nevarez' request. Joe Ortiz, San Bernardino, CA, spoke about Measure C and the City Attorney's budget. 18 03/21/2011 Paul Sanborn, San Bernardino, CA, announced that Community Emergency Response Team (CERT) training classes were being provided free of charge and that anyone interested in taking the 3-day class should call Manuel Sedano at 909- 384-5388 or 909-499-9664. Bob Chairez, San Bernardino, CA, announced that the Inland Empire Latino Art Association would be having an art exhibit on May 14, 2011, at the Feldheym Library at 12 p.m. He stated that they are seeking to recruit new members to their organization and interested persons could call him at 909-887-3664 or Rudy Ramirez at 909-825-7363. Jim Penman, San Bernardino, CA, explained his role as City Attorney and stated that he has not yet made a decision as to whether he is going to seek re-election. Charles Greenwood, San Bernardino, CA, spoke in response to the comments that had been made by Ms. Nevarez and Mr. Palazzo. He stated that young people need to know the history of the City of San Bernardino. Jim Smith, San Bernardino, CA, stated that as a member of the Historical Preservation Commission he would make sure that the matter brought forward by Ms. Nevarez is placed on the Commission's April agenda. He stated that he was sad to hear the news of Penny Holcomb's passing, but was thrilled to hear that the school board is going to be naming a school after former Mayor W.R. "Bob" Holcomb. 38. Adjournment At 10:03 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, April 4, 2011. RACHEL G. CLARK City Clerk BY~ xJA:!/;/>fdd ~ Linda Sutherland Deputy City Clerk 19 03/21/2011