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HomeMy WebLinkAbout11-01-2010 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 Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wen~ McCammack MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 1, 2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:32 p.m., Monday, November 1, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Absent: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman, City Manager McNeely, City Clerk Clark. None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXIstmg 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, Ninth Circuit, Case No. 09-55001; 11/0112010 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: Fire Safety Fire Management G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 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. Invocation/Pledge of Allegiance The invocation was given by Reverend Sangman Shin of the Del Rosa United Methodist Church. The pledge of allegiance was led by Laila Delgado, a fifth grade student at Arrowhead Elementary School. 2. Appointments - Measure Z Citizens Oversight Committee . Andrew Machen - Council Member Marquez . Howard Grossman - Mayor Morris Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the appointment of Andrew Machen and Howard Grossman to the Measure Z Citizens Oversight Committee, as requested by Council Member Marquez and Mayor Morris, be approved. The motion carried unanimously. 4 11/01/2010 3. Presentations Police Chief Kilmer and Lt. Dan Keil joined Mayor Morris in presenting certificates of recognition to the San Bernardino Police Explorers who recently captured the 2nd place overall award at the San Gabriel Valley's Explorers X- Garnes. A certificate of recognition was presented to Michael Page, Verizon Foundation's Director of Public Relations, for contributions that will be made to the following four San Bernardino-based educational non-profit organizations: . Operation Phoenix will receive $50,000 to support tutoring for 100 students in kindergarten through fifth grade. . The Asian American Educational and Cultural Resource Center will receive $24,500 for ESL and computer skills training to approximately 100 new participants. . EI Sol Neighborhood Educational Center will receive $24,500 to provide English as a Second Language classes to 200 low income and underprivileged adult students at four community centers in San Bernardino. . Libreria del Pueblo will receive $24,500 to create eight neighborhood networks that will provide 200 low income under served Hispanic speaking adults, including seniors, college students and other educators from their neighborhood with technology-based educational sessions that will increase their usage of computers and current technology. ESL sessions that promote the usage of English language, self-esteem, and employment will also be incorporated. Carlos Rodriguez, CEO of the Baldy View Chapter of the Building Industry Association announced that the Good Government A ward had recently been presented to Council Members Kelley and Shorett. 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 11/01/2010 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, 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: October 4,2010. The motion carried unanimously. 7. Claims & Payroll Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated October 22, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated October 28, 2010 (Revised), 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. 2010-361 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the 2009 Professional Services Agreement with William Holt for Hearing Officer and/or Administrative Law Officer services. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-361 was adopted unanimously. 6 11/01/2010 10. RES. 2010-355 - Resolution of the Mayor and Common Council authorizing the City's continued participation in the Community Energy Partnership with The Energy Coalition, a California non-profit corporation, Southern California Edison and Southern California Gas Company. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-355 was adopted unanimously. 11. Item deleted. 12. RES. 2010-356 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into a Memorandum of Understanding with the Bureau of Alcohol, Tobacco, Firearms and Explosives (A TF) to form the San Bernardino A TF Arson Task Force. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-356 was adopted unanimously. 13. RES. 2010-362 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a First Amendment to the Services Agreement with Transtech Engineers Inc. and Purchase Order No. 303285 for the design of the Verdemont Community Center per Capital Improvement Program Project PR04-28. Public Comments: Lynette Kaplan, San Bernardino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-362 was adopted unanimously. 14. RES. 2010-363 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and issuance of a purchase order in the amount of $83,461.03 between the City of San Bernardino and Williams Scotsman, Inc. for the purchase and installation of modular buildings at Al Guhin Park per Capital Improvement Program Project PR04-28. Public Comments: Lynette Kaplan, San Bernardino, CA. 7 11/01/2010 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-363 was adopted unanimously. 15. RES. 2010-357 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Renewal Local Incentive Grant Award Agreement with the Network for Healthy California (Network) in the amount of $310,506 for a three-year period - October 1, 2010 through September 30, 2013. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-357 was adopted unanimously. 16. ORD. MC-1336 - An uncodified ordinance of the Mayor and Common Council of the City of San Bernardino providing that the California Vehicle Code will be enforced within the San Bernardino International Airport and on properties owned by the Inland Valley Development Agency. FINAL READING (Continued from October 18, 2010) Council Member/Commissioner McCarnmack stated that she would abstain from voting on this item. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1336 was adopted with McCammack abstaining. 17. RES. 2010-364 - Resolution of the City of San Bernardino authorizing a contract with PMAM Corporation of Irving, Texas for Police False Alarm billing services. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. 2010-364 was adopted with McCammack voting "no." 18. RES. 2010-358 - Resolution of the City of San Bernardino authorizing the execution of two Pipeline Crossing Agreements with the Union Pacific Railroad Company (UPRR) for sewer and storm drain relocation work to be performed by the City, relative to the Hunts Lane Grade Separation Project, south of Redlands Boulevard. Council Member/Commissioner Brinker stated that he would abstain from voting on this item. 8 11/01/2010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-358 was adopted with Brinker abstaining. 19. RES. 2010-359 - Resolution of the City of San Bernardino amending Resolution No. 2010-283 authorizing execution of a Freeway Agreement with the State of California for the State Highway Route 10 and Tippecanoe Avenue Interchange Project. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-359 was adopted unanimously. 20. RES. 2010-365 - Resolution of the City of San Bernardino approving Jurisdiction Master Agreement No. C10254 with the 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. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2010-365 was adopted unanimously. 21. RES. 2010-360 - Resolution of the City of San Bernardino adopting the Five- Year Capital Project Needs Analysis (2011-2016) for Measure I 2010-2040 expenditures. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-360 was adopted unanimously. 22. Authorize the City Engineer to execute Contract Change Order No. Two with Bomel Construction Co., Inc. for the Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Project Plan Nos. 12591, 12328, 12336, 12337, 12327, 12348 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the City Engineer be authorized to execute Contract Change Order No. Two with Bomel Construction Co., Inc. for the Metrolink Parking Structure at the Santa Fe Depot (GB 04-19), per Project Plan 9 11/0112010 Nos. 12591, 12328, 12336, 12337, 12327, 12348. The motion carried unanimously. 23. Presentation by eCivis Grants Network Jennifer Fernandez of eCivis made a PowerPoint presentation to the Mayor and Council. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be referred to the City Manager's office for analysis and evaluation. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that the City Manager be directed to identify funding for a three-year agreement with eCivis Grants Network at the price of $20,808 per year and that the agreement be presented at the November 15, 2010 Council meeting. The motion failed by the following vote: Ayes: Kelley, McCammack. Nays: Marquez, Desjardins, Brinker, Shorett, Johnson. Council Member/Commissioner Brinker amended his original motion, seconded by Council Member/Commissioner Shorett, that the City Manager be directed to address funding sources and personnel issues and bring the item back within 30 days. The motion carried unanimously. 24. An ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Chapter 5.68 and adopting a new Chapter 8.14 of the San Bernardino Municipal Code regarding yard sales. FIRST READING Public Comments: Joe Ortiz, San Bernardino, CA; Shirley Harlan, San Bernardino, CA. City Attorney Penman advised that several non-substantive changes had been made to the ordinance. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be laid over for final adoption. Council Member/Commissioner McCammack clarified for the public that this ordinance would allow residents to have a garage sale on four weekends out of the year only and those four weekends would be chosen by the City. She stated that the Council has been dealing with some major issues of people having garage 10 11/01/2010 sales in their front yards every single weekend using it like a commercial retail store. She stated that at the committee level she had suggested at least one weekend every month, or one weekend every other month. Council Member/Commissioner Brinker made a substitute motion, seconded by Council Member/Commissioner McCammack, that said ordinance be adopted to allow yard sales on the first weekend of every month. Council Member/Commissioner McCammack stated that when people have to move, they usually have to move by the first of the month. Council Member/Commissioner Brinker amended his substitute motion, seconded by Council Member/Commissioner McCammack, that said ordinance be adopted to allow yard sales on the third weekend of every month. City Attorney Penman advised that additional changes would have to be made to the ordinance as a result of Council Member/Commissioner Brinker's substitute motion. Council Member/Commissioner Brinker made a substitute motion, seconded by Council Member/Commissioner McCammack, that said ordinance, as amended by interlineation, which would include the change to allow yard sales on the third weekend of every month, be laid over for final adoption. The motion carried with Kelley voting "no." 25. An ordinance of the City of San Bernardino amending Sections 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.114, 15.04.120, 15.04.125, 15.04.130, 15.04.163, 15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210, 15.04.220, 15.04.221, 15.04.230, 15.10.040, 15.10.080, and 12.32.020 and repealing Sections, 15.04.110 and 12.32.060 of the San Bernardino Municipal Code and adopting by reference the 2007 edition of the California Building Standards Code, known as the California Code of Regulations, Title 24 (CCR, T -24), incorporating the International Building Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the Uniform Plumbing Code, 2006 Edition, the National Electrical Code, 2005 Edition; and adopting the Uniform Housing Code, 1997 Edition, the Uniform Administrative Code, 1997 Edition, the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and amending those California Building Standards as identified herein, through express findings of local necessity. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be laid over for final adoption. The motion carried unanimously. 11 1110112010 26. Ordinance of the City of San Bernardino amending Chapter 15.16 of the San Bernardino Municipal Code and adopting the 2010 California Fire Code, with appendices, and incorporating by reference the 2009 Edition of the International Fire Code and necessary California Amendments, together with California Code of Regulations, Title 24. FIRST READING Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be laid over for final adoption. The motion carried unanimously. 27. Public Hearing - An ordinance establishing the Emergency Shelter Overlay District and designating applicable areas (Development Code Amendment No. 10-06) (Continued from October 4, 2010) An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Sections 19.02.050, 19.06.020, Table 06.01, 19.08.020, Table 08.01 and adding Chapter 19.IO-E to establish the Emergency Shelter Overlay District and designate applicable areas. FIRST READING The hearing remains open. No public comments were received. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of November 15, 2010. The motion carried unanimously. 28. RES. 2010-367 - Resolution of the Mayor and Common Council of the City of San Bernardino canceling the monthly Services Agreement approved July 19, 2010 and authorizing the City Manager to approve an annual Services Agreement between the City of San Bernardino and the Boys & Girls Club of San Bernardino, Inc. to provide Community Services at the Delmann Heights Community Center. (Continued from October 18,2010) Council Member/Commissioner Johnson abstained as he is a member of the board of the Boys and Girls Club of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-367 was adopted with Johnson abstaining and Desjardins absent. 12 11/01/2010 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement with University Park, LLC, a California limited liability company, for Campus Parkway Fencing & PCC Pavement Installation (SS08-01). (Continued from October 18, 2010) Note: No resolution was distributed with the backup materials. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the matter be tabled. The motion carried with Kelley voting "no." 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Agreement for Professional Transportation Modeling Services with Srinivasa S. Bhat. (Continued from October 18, 2010) Note: No resolution was distributed with the backup materials. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/Commission meeting of November 15, 2010. The motion carried with Kelley voting "no." 31. Item deleted. PLANNING ITEM 32. Public Hearing - An ordinance to amend Chapter 19.06 of the Development Code (DCA No. 10-07), to permit drive-thru restaurants in a specified area of the CR-2, Commercial Regional-Downtown, land use district; and Conditional Use Permit (CUP) No. 10-15, a request to construct a 3,714 sq. ft. drive-thru restaurant at the southeast corner of 5th and "H" Streets, with Minor Exception (ME) No. 10-02, to permit a 10% height increase for a pylon sign. An ordinance of the City of San Bernardino amending Municipal Code Section 19.06.020 (Development Code) Table 06.01 and Section 19.06.030(2)(H) to permit drive-thru restaurants in a specified area of the CR-2, Commercial Regional Downtown land use district, subject to approval of a conditional use permit. FIRST READING Mayor/Chairman Morris opened the hearing. 13 11/01/2010 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 CUP No. 10-15 and ME No. 10-02 be approved based on the findings of fact and subject to the conditions of approval and standard requirements in the Planning Commission Staff Report. The motion carried with Desjardins absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: None. R33. Joint Public Hearing - Merged Area A - 2010 Merged, Amended and Restated Redevelopment Plan and Program EIR (Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas) (Continued from October 4, 2010) Resolution of the Community Development Commission of the City of San Bernardino certifying the final Program Environmental Impact Report for the 2010 Merged, Amended and Restated Redevelopment Plan for the proposed merger of the Central City North, Southeast Industrial Park, Tri- City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas; making fmdings pursuant to the California Environmental Quality Act, adopting a Mitigation Monitoring Program; and adopting a Statement of Overriding Considerations. (R33A) Resolution of the Community Development Commission of the City of San Bernardino ratifying the previously approved 2010 Merged, Amended and Restated Redevelopment Plan for the merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas and recommending adoption of same to the Mayor and Common Council of the City of San Bernardino. (R33B) 14 11/01/2010 Resolution of the Mayor and Common Council of the City of San Bernardino certifying the completion of the final Program Environmental Impact Report for the 2010 Merged, Amended and Restated Redevelopment Plan for the merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas; making written findings pursuant to the California Environmental Quality Act; adopting a Statement of Overriding Considerations; and adopting a Mitigation Monitoring Program. (R33C) Ordinance of the City of San Bernardino approving and adopting the 2010 Merged, Amended and Restated Redevelopment Plan for the merger of the Central City North, Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central City, Central City South and Central City East Redevelopment Project Areas. FIRST READING (R33D) Note: No backup materials were distributed. The hearing remains open. No public comments were received. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission meeting of December 6, 2010. The motion carried with Desjardins and McCammack absent. R34. Rosenow Spevacek Group, Inc - Amendment No.1 to the Agreement for Professional Services (Merged Area B Merger and Amendment Project) RES. CDC/2010-59 - 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 Rosenow Spevacek Group, Incorporated. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2010-59 was adopted with Kelley voting "no" and Desjardins and McCammack abstaining. R35. San Bernardino Redevelopment Project Area Merged Area B Merger and Amendment - Added Areas 15 11/01/2010 RES. CDC/20lO-58 - Resolution of the Community Development Commission of the City of San Bernardino approving the proposed annexed areas to the Merged Area B Merger and the Amended Redevelopment Project Area subject to further compliance with the California Redevelopment Law. (R35A) RES. 2010-366 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the proposed annexed areas to the Merged Area B Merger and Amended Redevelopment Project Area subject to further compliance with the California Redevelopment Law. (R35B) Council Members/Commissioners Desjardins and McCarnmack stated that they would abstain on this matter because they own property in the project area. They 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 resolutions A and B, be adopted. Community Development Commission Resolution No. CDC/2010-58 and Mayor and Common Council Resolution No. 2010-366 were adopted with Kelley voting "no" and Desjardins and McCammack abstaining. R36. Mary Erickson Community Housing - Additional allocation of Agency's Low and Moderate Income Housing Set-Aside Funds to continue acquisition and rehabilitation efforts under the City's Neighborhood Stabilization Program and amend the necessary contract RES. CDC/2010-57 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the allocation of $1,600,000 of Low and Moderate Income Housing Set-Aside Funds to Mary Erickson Community Housing, Inc. ("MECH") and 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 2009 Neighborhood Stabilization Program Master Agreement by and between the Agency and MECH. Susan McDevitt, Executive Director of Mary Erikson Community Housing, Inc., made a brief PowerPoint presentation to the Mayor and Council regarding their progress to date. Public Comments: Joe Ortiz, San Bernardino, CA; David McCammack, San Bernardino, CA; Ruby Flores, San Bernardino, CA; Connie Williams, San Bernardino, CA; Chris Marshall, San Bernardino, CA. 16 11/01/2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. CDC/2010-57 was adopted with Kelley and McCammack voting "no." R37. Northbrook Apartments, LP (Alliance Property Group and Wasatch) - Residual Receipts Loan Agreement for the redevelopment of 190 units of affordable family housing 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 Acquisition and Development Loan Agreement by and between the Agency and Northbrook Apartments, L.P. (Affordable Family Rental Housing Development). The following individuals spoke in opposition to the project: Larry Plotner, San Bernardino, CA; Barbara Sokoloff, San Bernardino, CA; Lynette Kaplan, San Bernardino, CA; Joe Ortiz, San Bernardino, CA; David McCammack, San Bernardino, CA; Dennis Delmar, San Bernardino, CA; Ron Coats, San Bernardino, CA; Mike Hartley, San Bernardino, CA; Felix D'Amico, San Bernardino, CA; Alan Hild, San Bernardino, CA; Mike Barr, San Bernardino, CA; Esmeralda Negrete, San Bernardino, CA; Warner Hodgdon, San Bernardino, CA; Stephanie Allen, San Bernardino, CA; Kathy Hartley, San Bernardino, CA. The following individuals spoke in support of the project: Chris Sloan, San Bernardino, CA; Debbie Ariola, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Desjardins, that the matter be denied, that the money be sent back, and that this project be removed from the Notice of Funding Availability (NO FA) list. The motion carried unanimously. 17 11/01/2010 38. Public Comments Joe Ortiz, San Bernardino, CA, spoke in opposition to Measure C. Ron Coats, San Bernardino, CA, spoke regarding salaries of City employees. David McCammack, San Bernardino, CA, spoke in opposition to Measure C. Shirley Harlan, San Bernardino, CA, spoke in support of Measure C. Eric Katsikaris, San Jacinto, CA, spoke about the lack of a shoulder on either side of the 1-215 Freeway. Barbara Babcock, San Bernardino, CA, stated that there are seven or eight good companies that provide grant writing and management services. She also spoke in support of Measure C. Linda Pederson, San Bernardino, CA, reported on the success of the St. John's Community Success Center. She stated that they signed a contract in June with the Economic Development Agency for their CDBG Grant, but they have not been paid for July through September, and the October report is due on November 5. She added that she had contacted EDA who referred her to the City Attorney's office who referred her back to EDA. Charles Greenwood, City employee, San Bernardino, CA, announced that their volunteer organization called the "Orange Shirt Group" picked up five tons of trash and disposed of 15 tires on "H" Street between 13th and 16th Streets. He also spoke in opposition to Measure C. Wendy McCammack, San Bernardino, CA, spoke in opposition to Measure C. James Smith, San Bernardino, CA, spoke in support of Measure C. Matt Korner, San Bernardino, CA, spoke regarding Agenda Item No. R37 and in support of Measure C. 18 11/01/2010 39. Adjournment At 8:22 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, November 15, 2010. RACHEL G. CLARK City Clerk B~-< Jd-~Atd"" Linda Sutherland Deputy City Clerk 19 11/01/2010