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HomeMy WebLinkAbout05-19-2008 MinutesSH CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCmmnack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 19, 2008 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, May 19, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Baxter, Kelley. Council Member/Commissioner Kelley Arrived At 1:38 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): People v. Manta Management Corp. - San Bernardino Superior Court Case No. SCV 18157; Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01027SGL (OPx); 1 05/19/2008 Mary Gomez v. So. Cal. Reg. Rail Auth., et al. - San Bernardino Superior Court Case No. CIVSS 804560; Nicholas Argy v. Christina Enid Johnson, et al. - San Bernardino Superior Court Case No. CIVSS 708058; Lydia Alexander v. City of San Bernardino, et al. - United States District Court Case No. CV 07-08261AHM (PJWx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman advised that Council Member Kelley had requested that the following item be discussed in closed session under Agenda Item No. 113, Significant Exposure to Litigation: Inland Communities Corp. v. City (Paradise Hills Issue) City Attorney Penman announced that the following item had been discussed in closed session: People v. Owners of Francesco's Restaurant on Sierra Way 2 05/19/2008 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of Kathleen Grove, who was an educator and co-founder of Grove Colonial Mortuary, served as a past president of the Assistance League, and was actively involved in the Uptown Business and Professional Women's Club, YWCA Board of Directors, Zonta Club, Camp Fire Girls, and Emblem Club; and Elsa Ochoa- Fernandez, longtime Director of International Programs at Cal State San Bernardino, who, until her recent retirement, served as co -director of the university's International Institute and in 2001 received the Edward S. Blankenship Award for advancing the cause of international education. Invocation/Pledge of Allegiance The invocation was given by Reverend David Starr of St. John's Episcopal Church, followed by the pledge of allegiance, led by Justine Yglesia, a 5" grade student at Ramona Alessandro School. 2. Appointments • Jim Mulvihill - Historical Preservation Commission - Council Member Estrada • David Mlynarski - Board of Building Commissioners - Mayor Morris Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the appointments of Jim Mulvihill to the Historical Preservation Commission and David Mlynarski to the Board of Building Commissioners, as requested by Council Member/Commissioner Estrada and Mayor/Chairman Morris, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 3. Proclamations & Presentations Mayor Morris presented a proclamation designating the week of May 18-24, 2008, as Public Services Week in the City of San Bernardino to Ken Fischer, Director of Public Services. 3 05/19/2008 4. 61 Mayor Morris and Valerie Ross, Director of Development Services, presented a Resolution of Commendation to Dr. Floyd Williams, the City's consultant geologist who has been trenching for earthquake fault zones for 25 to 30 years. Maria Bucio, a student at Middle College High School at San Bernardino Valley College, was recognized as Student of the Month and presented a certificate by Council Member Brinker. Council Member Brinker introduced Sonnia Wachuko of the National Orange Show, who spoke a few words regarding the upcoming Citrus Festival. Council Member Kelley presented Barbara Sky with a Citizen of the Month award in recognition of her work with the Little League Baseball Challenger Program —a program designed specifically for special needs children. Mayor Morris recognized members of the Youth Advisory Commission, who were in the audience after spending the morning touring various City departments. The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Ken Childress David Stachowski Glenn Baude Ellen Lanto Nick Gonzalez David Dillon Richard Hale Ernest Lemos David Rosas Announcements Department Animal Control City Attorney Code Enforcement Library Mayor's Office Police Police Police Police Years of Service 5 5 10 25 10 25 15 25 25 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. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Brinker 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. 4 05/19/2008 The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 6. Council Minutes Council Member/Commissioner Brinker 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: April 7, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 7. Claims & Payroll Council Member/Commissioner Brinker 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 April 30, 2008, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 8. Personnel Actions Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Interim Chief Examiner, dated May 14, 2008 (Revised 5/15/08) 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 by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 9. ORD. MC-1270 - Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 9.92.020 relating to the Administrative Law Officer for the Administrative Citation Process. FINAL READING 5 05/19/2008 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1270 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 10. ORD. MC-1271 - An Ordinance of the City of San Bernardino adding Chapter 8.02 to the San Bernardino Municipal Code and adopting, by reference, San Bernardino County Code Chapter 14 of Division 3 of Title 3, relating to the inspection grading of food establishments. FINAL READING Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1271 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 11. Set public hearing for Monday, June 2, 2008, at 4:00 p.m. in the City Hall Council Chambers to discuss the adjustment of various user fees and the establishment of new user fees Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that a public hearing be set for Monday, June 2, 2008, at 4:00 p.m., to discuss the adjustment of various user fees and the establishment of new user fees. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 12. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring/ Reporting Program for the demolition of an existing bridge on Old Waterman Canyon Road and replacement with a new bridge, including relocation of utilities (SS 07-14) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council independently review, analyze, and exercise independent judgment in reviewing the Initial Study and adopt the Mitigated Negative Declaration, and the Mitigation Monitoring/Reporting Program for the demolition of an existing bridge on Old Waterman Canyon Road and replacement with a new bridge, including relocation of utilities (SS 07-14). 6 05/19/2008 The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 13. RES. 2008-150 - Resolution of the City of San Bernardino establishing fair market value and minimum sale price for a portion of certain City Water Department owned parcel of real property generally located northerly of Sepulveda Avenue, north of 50 Street, and setting a public hearing to consider said sale. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services be authorized to proceed with the sale of City Water Department property located northerly of Sepulveda Avenue, north of 54' Street, and being a portion of APN 0154-011-80; and that said resolution be adopted. The motion carried and Resolution No. 2008-150 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/ Commissioners Estrada, Baxter. 14. RES. 2008-151 - Resolution of the Mayor and Common Council of the City of San Bernardino approving an agreement with the Planning Center for consultant services to update the General Plan Housing Element. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-151 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 15. RES. 2008-152 - Resolution of the City of San Bernardino approving Amendment No. 3 to Agreement for Professional Services with Ty Lin International for the preparation of a project study report/project report for the University Parkway/Interstate 215 interchange loop entrance ramp project (SSO4-19). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-152 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 7 05/19/2008 16. Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish no parking between the hours of ten p.m. and six a.m. except by permit zones on residential streets located within Tract Number 10260 (also known as the Foothill Villas Estates). Council Member/Commissioner Derry declared a conflict and left the dais, stating that this resolution involved his neighborhood. Assistant City Attorney Easland advised that this matter needed to be continued and set for public hearing at the next meeting. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued and set for a noticed public hearing on June 16, 2008, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/Commissioners Brinker, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: Council Members/Commissioners Estrada, Baxter. 17. RES. 2008-153 - Resolution of the City of San Bernardino amending Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish a no parking except by permit at any time zone on Northstar Street between Northpark Boulevard and the end of Northstar Street south of Brighton Court and on Brighton Court between Northstar Street and the end of Brighton Court east of Northstar Street. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-153 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 18. Item Deleted 19. RES. 2008-154 - Resolution of the City of San Bernardino authorizing the execution of the First Amendment to the Services Agreement with MuniServices, LLC to add property tax services for the City of San Bernardino. 8 05/19/2008 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-154 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 20. RES. 2008-155 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submission of the updated OES Form 130-designation of applicant's agent resolution to the State Office of Emergency Services. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-155 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 21. Salary increases for Head Start Preschool Program and creation of the position of Lead Teacher (new position) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council: Increase the salary for the position of Teacher Director Head -Start from $17.04 per hour to $19.00 per hour, effective July 1, 2007; and Create the classification of Lead Teacher Head -Start, $15.20 per hour, effective July 1, 2007, and approve the attached job description; and Increase the salary for the position of Teacher Head -Start from $14.60 per hour to $14.82 per hour, effective July 1, 2007; and Increase the salary for the position of Teacher Aide Head -Start from $9.91 per hour to $10.06 per hour, effective July 1, 2007; and Increase the salary for the position of Custodian Head -Start from $8.40 per hour to $8.53 per hour, effective July 1, 2007; and Increase the salary for the position of Administrative Clerk from $10.19 per hour to $11.84 per hour, effective July 1, 2007; and Authorize the Human Resources Department to update Resolution 2008-20 to reflect the changes. 9 05/19/2008 The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 22. Authorize the Director of Finance to amend the FY 07-08 CIP budget in order to create Project Number 129-367-5504-7801 for 36t° Street, from Mountain View to Arrowhead Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2007/08 CIP budget in order to create Project Number 129-367- 5504-7801 for 36' Street from Mt. View to Arrowhead and transfer $34,400 from Project Number 129-367-5504-7788 ("H" Street - 30" Street to Edgehill Road) to Project Number 129-367-5504-7801 (36'" Street from Mt. View to Arrowhead). The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 23. RES. 2008-156 - 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 $47,300 to Motorola Radio pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of 16 radios to be utilized by the Integrated Waste Management Division and issuance of a purchase order to the County of San Bernardino for the installation of the radios. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2007/08 budget and transfer $35,900 from Account No. 527-412- 5803 (Lease Payments) to Account No. 527-412-5703 (Communications Equipment) and $16,400 from Account No. 527-413-5803 (Lease Payments) to Account No. 527-413-5703 (Communications Equipment); and that said resolution be adopted. The motion carried and Resolution No. 2008-156 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/ Commissioners Estrada, Baxter. 10 05/19/2008 24. RES. 2008-157 - 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 $300,000 to American Asphalt South, Inc. for the Slurry Seal Program. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-157 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 25. Request for Civic & Promotion funding for the 2008 4' of July parade and celebration at the Arrowhead Credit Union Park Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that Civic and Promotion funding in the amount of $27,055 be authorized for the conduct of the 2008 4`h of July parade, street fair and celebration at Arrowhead Credit Union Park. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 26. Inland Regional Center - request for waiver/refund of fees Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council refer the request from the Inland Regional Center to the Redevelopment Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 27. Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 5.20.040 relating to fees for massage parlors and massage technicians operating within established beauty salons. FIRST READING Council Member/Commissioner McCammack requested that this matter be continued to the next meeting. 11 05/19/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of June 2, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 28. An Ordinance of the City of San Bernardino amending Section 5.04.015 of the San Bernardino Municipal Code by adding Subsection "E" relating to Business Registration Certificate Application processing fees. 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 by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 29. RES. 2008-159 - Resolution of the Mayor and Common Council of the City of San Bernardino supporting H.R. 5818 and H.R. 5579 regarding housing stabilization. Rachel Brown and Lewis Whilden spoke in opposition to the resolution, stating that it would only bail out the worst cases. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. The motion failed by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley. Nays: Council Member/Commissioner Johnson. Abstentions: Council Member/Commissioner McCammack. Absent: Council Members/Commissioners Estrada, Baxter. Council Member/Commissioner McCammack changed her vote to an "aye" and Resolution No. 2008-159 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, McCammack. Nays: Council Member/Commissioner Johnson. Absent: Council Members/ Commissioners Estrada, Baxter. 30. Recommendation to refer action on proactive directed enforcement graffiti sweeps to the Police Ad Hoc Committee 12 05/19/2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter of graffiti sweeps be referred to the Police Ad Hoc Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 31. RES. 2008-160 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the template letter of agreement in concept, and authorizing the City Manager to execute a KABOOM! Outreach Statement on behalf of the City of San Bernardino as required for consideration for a community -build playground proposed for construction at Delmann Heights Park. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-160 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 32. Appeal hearing regarding denial of fireworks stand application submitted by Inland Terror Baseball Mayor/Chairman Morris opened the hearing. City Clerk Clark stated that Inland Terror Baseball had failed to meet the prerequisites of Section 8.60.095(D) of the Municipal Code which states that "failure by any licensee to pay the amount invoiced by the City's Finance Department shall be cause to disqualify the licensee from obtaining a license to sell fireworks in the City in the future." Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to James Scott that he would provide true and honest testimony. James Scott, 111 Monroe Court, San Bernardino, CA, stated that he and his wife had formed this organization 15 years ago to help youth, and currently 114 kids were part of their organization. He stated that the clerk was correct —they had failed to follow the procedures; however, there was a series of events that got them to this point. He explained that this year they had changed vendors from T&T Blockbuster to Phantom; and that T&T would normally send them a reminder letter to go and pay their fees. However, this year they did not get the letter, and he didn't 13 05/19/2008 know that they were in arrears until Phantom came in to apply for their application. He stated that they would like an opportunity to make amends —and that they would certainly pay what they owe, even if they were not given an opportunity to sell. Cindy Buechter, Business Registration Supervisor, advised that there were five stand openings at this point, and the department had four eligible applications; therefore, if this appeal were upheld those four would automatically go in, there would be no need for a drawing, and there would be one fireworks stand vacancy. If the Council decided to let Inland Terror Baseball back in, then they would have a full complement of 35 stands. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that the appellant be allowed to pay the fee and penalties now owing of $1,645 by 10 a.m. Tuesday, May 20, 2008, and, if paid, be allowed to operate a fireworks stand for 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 33. Public hearing - resolution approving the annexation, resolution calling a special election and resolution certifying the results of an election relative to Community Facilities District No. 1033, Annexation No. 6, for property consisting of an industrial development located on the southwesterly side of Industrial Parkway, southeasterly of Palm Avenue - Development Permit II No. 07-17 RES. 2008-161 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the annexation of territory generally located between Industrial Parkway and Cajon Boulevard southeasterly of Palm Avenue (Annexation No. 6) to Community Facilities District No. 1033 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors. (33A) RES. 2008-162 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, calling a special election and submitting to the voters of Annexation No. 6 of City of San Bernardino Community Facilities District No. 1033 propositions regarding the annual levy of special taxes within Annexation No. 6 and the establishment of an appropriations limit. (33B) 14 05/19/2008 RES. 2008-163 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, making certain findings, certifying the results of an election and adding property to Community Facilities District No. 1033, Annexation No. 6. (33C) Mayor/Chairman Morris opened the hearing. City Manager Wilson explained that this hearing was a requirement the City must go through to formally include this property in Community Facilities District No. 1033. Mayor/Chairman Morris stated that a majority protest had not been filed and asked for a motion to approve Resolutions A and B. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A and B, be adopted. Resolution Nos. 2008-161 and 2008-162 were adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. Mayor/Chairman Morris asked for public comments. No public comments were received. Mayor/Chairman Morris closed the hearing and asked the City Clerk to tabulate the election results. City Clerk Clark advised that one ballot representing three votes had been received and the vote was in favor of Proposition A and Proposition B. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution C, be adopted. Resolution No. 2008-163 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 34. Request for continuance for Tentative Tract No. 14112 - located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from November 19, 2007) 15 05/19/2008 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council approve the request for continuance of the Final Map for Tentative Tract No. 14112, to the Council/Commission meeting of November 17, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo, City Clerk Clark. Absent: Council Members/Commissioners Estrada, Baxter. R35. 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 Loan Guarantee Agreement to Arrowhead Credit Union and to accept the Loan Guarantee from Center Chevrolet and its principals to the Agency (Central City South Redevelopment Project Area). (Continued from May 5, 2008) Note: No backup materials were distributed. Agency Interim Executive Director Marzullo advised that this item had been continued pending the approval or disapproval by the Arrowhead Credit Union Board of Directors. He stated that the credit union board had failed to put a loan package together; therefore, there was no loan to back up or guarantee, and his recommendation would be to table this matter. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter, Brinker. 16 05/19/2008 R36. RES. CDC/2008-17 - 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 Redevelopment Project Study and Exclusive Right to Negotiate Agreement by and between the Agency and HopRock 2 Verdemont, LLC (Verdemont Heights Towne Center). Council Member/Commissioner Kelley stated that he would only be comfortable approving this item for a one-year extension. Interim Executive Director Marzullo stated that he would notify the appropriate parties of this stipulation. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2008-17 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. R37. RES. CDC/2008-18 - 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 a Demolition Contract by and between the Agency and Dakeno, Inc., for the demolition of Agency properties located at 673, 723-739 and 701 West 51h Street, San Bernardino (Downtown Mixed -Use Project - Central City North Redevelopment Project Area). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2008-18 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 38. Public Comments Note: Public comments were inaudible to the recording deputy city clerk. Victor Bell, Mirora Group Home, 6574 Mirna Avenue, San Bernardino, CA, spoke regarding a letter of support for his residential facility. 17 05/19/2008 Mayor/Chairman Morris advised Mr. Bell that group homes fall under the jurisdiction of the County, advised him to contact the Department of Behavioral Health, and offered the services of Kent Paxton of his staff to help Mr. Bell make the proper contacts. Betty Jean Long, 869 North "F" Street, San Bernardino, CA. (This speaker's comments were inaudible to the recording deputy city clerk.) NB1. RES. 2008-164 - Resolution of the Mayor and Common Council of the City of San Bernardino respectfully requesting the State Bar of California to dismiss Case Number 08-0-10457 against San Bernardino City Attorney James F. Penman. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter arose subsequent to the posting of the agenda. The motion carried by the following vote: Ayes: Council Members/ Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. City Clerk Clark read the title of the resolution into the record. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that full reading of the resolution be waived and that said resolution be adopted. Resolution No. 2008-164 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Baxter. 39. Adjournment At 5:44 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, June 2, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: ? Ab& Linda E. Hartzel Deputy City Clerk 18 05/19/2008