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HomeMy WebLinkAbout07-06-2009 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wetu!Y McCammack MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 6, 2009 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:33 p.m., Monday, July 6,2009, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Johnson, McCammack; City Attorney Penman, City Manager McNeely, City Clerk Clark. Absent: Council Member/Commissioner Kelley Council Member/Commissioner Kelley Arrived At I :40 p.m. Council Member/Commissioner Kelley arrived at the Council! Commission meeting. I. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Maravilla v. City - San Bernardino Superior Court Case No. CIVSS 707097; 07/06/2009 J. R., et aI. v. City of San Bernardino, et aI. - United States District Court Case No. EDCV 2005-1045 JWJ; United States Court of Appeals Case Nos. 07-56375 and 08-55102; Kimyawn R. Buckley v. City of San Bernardino - County Superior Court Case No. CIVDS 903034. 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) Claims of Sheryl Nash, et al. v. City of San Bernardino Claims of Leslie Tommy Johnson, et al. v. City of San Bernardino Human Potential Consultants, UC v. City of San Bernardino Petition of Orangewood Mobilehome Park Corporation Petition of Pacific Palms Mobilehome Park Corporation Petition of Glen Aire Mobilehome Park Corporation Petition of Friendly Village Mobilehome Park Corporation C. Conference with legal counsel - anticipated litigation - ImtJatlOn 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. 2 07/06/2009 City Attorney Penman amlOunced that the following additional case would be discussed in closed session: Sylvia Smith v. Placo San Bernardino LLC, dba Carousel Mall, et aI. - United Stated District Court Case No. EDCV 09-0891. 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 A moment of silence was observed III memory of attorney Robert Fullerton and educator Melba Glanton Minter. Invocation/Pledge of Allegiance The invocation was given by Pastor Ray Velez of the Way World Outreach. The pledge of allegiance was led by Jonathan Michael Ranard. 2. Appointments . Richard Haug - Mobile Home Board - Mayor Morris · Margarita "Rita" Arias - Human Relations Commission - Council Member Brinker Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the appointments of Richard Haug to the Mobile Home Board and Margarita (Rita) Arias to the Human Relations Commission, as requested by Mayor Morris and Council Member Brinker, be approved. The motion carried with Estrada absent. 3. Proclamations & Presentations Mayor Morris presented Certificates of Recognition to the Belvedere Elementary School Odyssey of the Mind team, who competed against 51 teams from around the world and finished 12m in the recent world finals held in Iowa. Jonathan Michael Ranard was presented a Certificate of Recognition by Mayor Morris for having attained his Eagle Scout rank and for his outstanding academic achievements. Rabbi Hillel Cohn, chairman of the Bicentennial Ad Hoc Committee, noted that the San Bernardino Bicentennial Calendar of Events listing 11 special events scheduled in 2010 to celebrate the City's bicentennial had been distributed to members of the audience. He introduced Erin Brinker, chair of the Public 3 07/06/2009 Relations & Marketing sub-committee and chair of the Finale Event, who advised that the Finale Event would be a music fest held on July 4, 2010, followed by a fireworks celebration. 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. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter 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 Baxter 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: May IS, 2009; and June 1, 4, 9, and 16, 2009. The motion carried unanimously. 7. Claims & Payroll Council Member/Commissioner Baxter 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 June 25, 2009, from Barbara Pachon, Direclor of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated July 2, 2009, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 4 07/06/2009 9. RES. 2009-179 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Animal Housing Agreements by and between the City of San Bernardino and the City of Fontana, the City of Colton and the City of Grand Terrace for the period 07/01/2009 through 12/31/2009, and to authorize the sale of one excess animal control vehicle to the City of Fontana. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2009/10 budget to reflect the additional costs of $135,200 and revenues of $293,250 associated with these contract extensions; and the $100,000 to be allocated for repairs/improvements to the animal shelter. The motion carried and Resolution No. 2009-179 was adopted unanimously. 10. RES. 2009-1S0 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement with Arias & Lockwood for legal services in the Claim of Mekione Samatua, et ai. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1S0 was adopted unanimously. II. RES. 2009-1S1 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Paul Belinski v. City of San Bernardino, et ai., United States District Court Case No. CV-OS-S571 (MANx). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1S1 was adopted unanimously. 12. Item deleted 13. Set Budget Workshop date for FY 2009/10 budget discussions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that a budget workshop be set for July 28, 2009, at 4:00 p.m. in the Economic Development Agency Boardroom to review the Fiscal Year 200912010 City and Economic Development Agency budgets. The motion carried unanimously. 5 07/06/2009 14. Authorize the Director of Development Services to execute Contract Change Order No. One with Cooley Construction, Inc. for street improvements on Kendall Drive from Bailey Court to Wagonwheel Road (SS06-35), per Project Plan No. 1142S. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services be authorized to execute Contract Change Order No. One with Cooley Construction, Inc. for street improvements on Kendall Drive from Bailey Court to Wagonwheel Road (SS06-35), per Project Plan No. 11428. The motion carried unanimously. 15. Authorize the Director of Development Services to execute Contract Change Order No. One with Matich Corporation for the realignment of Viaduct Boulevard between 2nd Street and 3'd Street, per Project Plan Nos. 12325 & 12326 City Attorney Penman declared a conflict because Matich Corporation contributed to his campaign for city attorney. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services be authorized to execute Contract Change Order No. One with Matich Corporation for the realignment of Viaduct Boulevard between 2'd Street and 3" Street, per Project Plan Nos. 12325 & 12326. The motion carried unanimously. 16. Resolution of the City of San Bernardino authorizing and directing the execution of a quitclaim deed to Camden Holdings, LLC, for vacated Gannett Parkway, between Hallmark Parkway and Georgia Boulevard and an adjacent storm drain easement and authorizing the acceptance of easements for storm drainage purposes, an easement for emergency vehicle access, and an easement and right of way for sidewalk ramps and traffic signal facilities. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council! Commission meeting of August 3,2009. The motion carried unanimously. 17. RES. 2009-1S2 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 4 to the Agreement for Professional Traffic Modeling Services with Srinivasa S. Bhat. 6 07/06/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1S2 was adopted unanimously. 18. RES. 2009-199 - Resolution of the City of San Bernardino approving Amendment No. 4 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 (SS04-19). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-199 was adopted unanimously. 19. Item deleted 20. RES. 2009-1S3 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Lease Agreement between the City of San Bernardino and Casa Ramona, Inc., for City owned property located at 1633 West Fifth Street, in San Bernardino. Council Member/Commissioner Estrada declared a conflict because Casa Ramona is her employer. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1S3 was adopted with Estrada abstaining. 21. RES. 2009-1S4 - Resolution of the City of San Bernardino approving a Cooperative Agreement with the San Bernardino County Transportation Authority (SANBAG) for Interstate 215 Segments, 1, 2, and 5 sewer relocation design work. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1S4 was adopted unanimously. 22. RES. 2009-1S5 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Weka, Inc. for sanitary sewer improvement relocations for 1-215 Freeway, Segment 1, 2 and 5 (SW 09- 03), per Project Plan No. 12574. 7 07/06/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1S5 was adopted unanimously. 23. RES. 2009-1S6 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to El-Co Contractors, Inc. for sanitary sewer improvement relocations for State Route 210, Segment 11 (SW 09-03), per Project Plan No. 12517. Council Member/Commissioner Kelley abstained because El-Co Contractors contributed to his campaign. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1S6 was adopted with Kelley abstaining. 24. ORD. MC-1309 - Ordinance of the City of San Bernardino amending Chapter 15 of the San Bernardino Municipal Code adding Section 15.10.030 to designate very high fire hazard severity zones as recommended by the Director of the California Department of Forestry and Fire Protection within the City of San Bernardino as depicted on a map titled City of San Bernardino Very High Fire Hazard Severity Zones dated October 29, 200S, and retained on file at the Office of the City Clerk, 300 N. D Street, San Bernardino, California. FINAL READING (Continued from June 15, 2009) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1309 was adopted unanimously. 25. RES. 2009-1S7 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with and issuance of a purchase order to Y Tire Sales for tires and retreading services for the Fire Department. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1S7 was adopted unanimously. 26. RES. 2009-1SS - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the extension of the maintenance contract and the award of an annual purchase order for maintenance of the Police Document Imaging System workflow software and scanning station hardware/software to Avrio Corporation of Glendale, CA. 8 07/06/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1SS was adopted unanimously. 27. RES. 2009-1S9 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the award of a purchase order for maintenance services to Tiburon Inc. of Pleasanton, California. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-1S9 was adopted unanimously. 28. RES. 2009-200 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Finance Director, or her designee, to issue an annual purchase order to Donegan Tree Service in the amount of $30,000 for tree maintenance services in various landscape maintenance districts. Paul Chaney, Muscoy, CA, stated that he has been a certified arborist for over 20 years and expressed concern that he did not see anything in the specs stating that the trees have to be maintained in a competent manner in accordance with industry standard practices. He stated that in the past trees have been mutilated, and these trees are publicly owned assets that should be cared for in the proper way with public money. Council Member/Commissioner McCammack asked what competency standards the City sets for the contractor and who maintains the follow-up on these contractors. Robert Lennox of the Parks, Recreation and Community Services Department replied that, typically, any tree care done in any of the City's parks or landscape maintenance districts requires that the vendor selected have an arborist certification on file. He stated that the City has inspectors on staff who are assigned to the landscape maintenance districts who are responsible for checking up on these contractors on a regular basis. Council Member/Commissioner Brinker asked if the inspectors are, themselves, arborists. Mr. Lennox replied that some hold certifications, but not necessarily an arborist certification. He stated that he could have staff provide a listing of what those certifications are and check to see that they are up to date. He stated he would check to ensure that Donegan's is up to date with their certification. 9 07/06/2009 City Manager McNeely stated that he would like to follow-up this discussion and meet with staff to make sure that, in fact, they have adequate specifications and requirements for the trimming of these very valuable assets to the community and also to ensure that there is some follow-up to make sure that people are doing what they say they are doing. He stated that after that review he would provide a report back to the Council. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-200 was adopted unanimously. 29. RES. 2009-190 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Extension Offer - Year 2 of 3 - to the Food Service Agreement with the San Bernardino City Unified School District relating to delivery of Type A lunches to City sites for the District's Year-Round Lunch Program for FY 09/10. City Attorney Penman declared a conflict because his wife is a member of the school board. He advised that Special Counsel Sabo had reviewed the item. Council Member/Commissioner McCammack abstained because the school district is a business client. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-190 was adopted with McCammack abstaining. 30. Item deleted 31. Item deleted 32. RES. 2009-202 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to continue participation as a member of the United States Department of Justice, Federal Bureau of Investigation, Inland Regional Apprehension Team (IRAT). C. Patience Summers, San Bernardino, CA, noted that the City police work for the citizens of San Bernardino, while the FBI works for the federal government; and she would like to see as much separation between the two as possible. However, if our officers are going to work together with them, then it should be reciprocal when needed. 10 07/06/2009 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2009-202 was adopted unanimously. 33. RES. 2009-191 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the Rialto Unified School District and the City of San Bernardino for a school resource officer at Rialto High School. Council Member/Commissioner Brinker abstained because he is employed by the school district. Council Member/Commissioner McCammack abstained because the school district is a business client. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-191 was adopted with Brinker and McCammack abstaining. 34. RES. 2009-192 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain police applicant files, papers and pre-employment polygraph examinations pursuant to Section 34090 of the Government Code of the State of California. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-192 was adopted unanimously. 35. RES. 2009-193 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the agreement and the issuance of a purchase order in the amount of $S,700 to Geo-Cal Incorporated for additional costs associated with the installation of the vapor recovery system. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-193 was adopted nnanimously. 36. RES. 2009-203 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the issuance of an annual purchase order in the amount of $SO,OOO with three (3) one-year extensions at the City's option to Pittsburgh Paint for paint products and materials. (36A) 11 07/06/2009 RES. 2009-204 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the issuance of an annual purchase order in the amount of $SO,OOO with three (3) one-year extensions at the City's option to San Bernardino Paint for paint products and materials. (36B) Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions be adopted. Resolution Nos. 2009-203 and 2009-204 were adopted unanimously. 37. RES. 2009-201 - 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 $45,000 to Holliday Companies for concrete materials. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-201 was adopted unanimously. 38. RES. 2009-194 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order in the amount of $345,000 with three (3) one- year extensions at the City's option with "Y" Tire Sales for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Public Services Department, Fleet Division. Council Member/Commissioner Estrada noted that there were two separate items on the agenda for "Y" Tires-Fire item #25 and item #38. She questioned why the two items could not have been combined-that maybe the City could have gotten a better deal by combining them. Ken Fischer, Director of Public Services, noted that the Fire Department maintains its apparatJis separately from the other City operations and handles most of its own purchasing. City Manager McNeely stated that apparently this has been an operational procedure set by the Finance Department. He stated that he also had raised that question, and staff would be looking into the matter. He thought what happened here is that there are two different fleet operations, and they have independently gone out and sought services, even though they are virtJially for the same type of work. He stated that his goal is to meet with these two departments and see if there is a way to consolidate the two for this purpose. 12 07/06/2009 Council Member/Commissioner Estrada asked the City Manager to get back with her after he has had a chance to look into the matter. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-194 was adopted unanimously. 39. RES. 2009-195 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the agreement and issuance of an annual purchase order in the amount of $40,000 by exercising the second of three (3) one-year extensions between the City of San Bernardino and American Rotary Broom Company Incorporated for rewound main and gutter sweeper brooms. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-195 was adopted unanimously. 40. RES. 2009-196 - 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 $250,000 by exercising the first of two (2) one-year extensions between the City of San Bernardino and Fluoresco Lighting & Signs for light maintenance services. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-196 was adopted unanimously. 41. RES. 2009-197 - 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 $140,000 to Zumar Industries, Incorporated for the purchase of traffic signs. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-197 was adopted unanimously. 42. RES. 2009-19S - A Resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $13,4S7.50 for the Fiscal Year 2009/2010. 13 07/06/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-19S was adopted unanimously. 43. Request for fee waivers for facility use, personnel and equipment for El Mercadito at La Plaza Park July 5 through September 27,2009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that a waiver of fees on a per week basis, not to exceed $11,882, to conduct the "El Mercadito" event at La Plaza Park beginning July 5 and ending September 27, 2009, be approved; and that actual costs incurred by the Parks, Recreation and Community Services Department and Public Services Department, on a per week basis, not to exceed $3,796, be transferred from the Civic and Promotion Fund to the respective departmental budgets. The motion carried unanimously. 44. RES. 2009-205 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application to the San Bernardino County Fire Department, Office of Emergency Services for the Fiscal Year 200S Homeland Security Grant/California Emergency Management Agency to fund computer equipment for the Emergency Operation Center. Jay Lindberg, San Bernardino, CA, spoke regarding integrating infrared technology with real time satellite imagery for quicker response times. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-205 was adopted unanimously. 45. RES. 2009-206 - Resolution of the Mayor and Common Council of the City San Bernardino authorizing the submittal of the Assistance to Firefighters Fire Station Construction Grant. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-206 was adopted unanimously. 46. RES. 2009-207 - Resolution of the City of San Bernardino ratifying the submittal of a G.R.E.A.T. Earmark Grant application to the Bureau of Justice Assistance (BJA) and authorizing the City Manager to execute an MOU with County Probation to expand the Gang Resistance Education and Training (G.R.E.A.T.) Programs within the San Bernardino City Unified School District. 14 07/06/2009 Council Member/Commissioner McCammack abstained because the school district is a business client. She left the Council Chambers and returned after the vote was taken. Jay Lindberg, San Bernardino, CA, stated that alcohol taught us that prohibition does not work. He stated that we need to look at the fundamental problems in order to find a viable solution. City Attorney Penman advised that on page 4 of the MOU, paragraph G had been inserted, stating, "The Department shall ensure that all employees, agents, consultants and volunteers in positions where they supervise minors to have passed background checks that comply with Public Resources Code ~ 5164." He stated that he did not think the other agencies would have a problem with this language. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-207 was adopted with McCammack abstaining. 47. An Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Chapter 17.06, relating to the City of San Bernardino Water Wise Landscape Program. FIRST READING Susan Lien Longville, San Bernardino, CA, Water Resources Instirute, CSUSB, explained the importance of this program and the law it relates to. She noted that the program is entirely voluntary, designed for people that have existing landscapes; and to participate in the program you need to obtain a permit. However, if you ask for a permit and don't do the work, there are penalties. She noted that there is no cost to the City-that the financial burden is entirely upon the residents. As part of the program, the Water Resources Instirute will provide a sign for each participant's yard so neighbors know that the house is not in foreclosure and they are not breaking the law. Ms. Longville advised that there are guidelines that dictate that the new landscaping will consist of a variety of water efficient and drought tolerant plant materials, what the landscaping must look like when the project is completed, etc. She cautioned that residents probably would not have success converting their landscaping if they try to do it at the wrong time of year-that in this area the root systems will not grow except in the winter. She advised that in 2007 the State adopted the Water Efficient Landscaping Act, which does not exempt charter cities. The law states that new construction will have a water wise garden, and that the amount of water you may have will be determined by the number of square feet of landscaping you will have and the kind of evapotranspiration zone you are in. Therefore, your budget will be 15 07/06/2009 calculated by the number of square feet and how much you need in that area; and you will have to show that you are going to put in a landscape to live within your budget or the local government will not give you a building permit, perform plan check, or do anything without this information. City Attorney Penman stated that the new law takes effect January 1, 2010, and will significantly change the way the City does business with new projects. He added that it is also another unfunded mandate that will result in a great deal of work for the Development Services Department and some for the Water Department. He emphasized that this is not a way for people to get out of watering their lawns as the municipal code requires, and citations will still be given to those who fail to keep their groundcover up to code and irrigated. He stated that those who participate in the program will be exempted from those requirements in the code, but they will have to apply for a permit and they will have a certain amount of time to get their water wise landscaping in. Paul Chaney, Muscoy, CA, stated that he is currently working on a water wise landscaping project of a family owned house at 3487 N. Arrowhead Avenue; however, the City Attorney is only giving him two more days to fIllish the project, and he doesn't have one of Ms. Longville's signs out in the yard. He feels like he is under the gun for trying to do this water wise project instead of just placing bark or some other ground cover in the area, but he needs more time. City Attorney Penman responded that his office first gave notice of a violation to Mr. Chaney on April 6; and he has been given four extensions, which they try to do when they see that people are making progress. He stated that they would be going out to check and see if there has been any progress made since the last extension. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be referred to the Legislative Review Committee. The motion carried unanimously. 48. Council Committee Assignments The following assignments were recommended by Mayor Pro Tern Johnson (new assignments shown in bold): Council Parliamentarian CDC Chairperson CDC Vice Chairperson Brinker Mayor Estrada 16 07/06/2009 Council Committees - Regular Meetings Legis1alive Review Committee Personnel Committee Brinker, Chair; Shorett, McCammack Baxter - Alternate Estrada, Chair; Kelley, McCammack Johnson - Alternate Johnson, Chair; Baxter, Brinker Shorett - Alternate Kelley, Chair; Baxler, Brinker Johnson - Alternate Redevelopment Committee Ways & Means Committee Council Ad Hoc Committees - At Call of Chairman Grants Ad Hoc Committee Baxter, Chair; Estrada, Johnson Shorett - Alternate Council Member/Commissioner Johnson stated that when one member of a committee is absent there is no quorum, so he decided to add alternate members to some of the committees; and he was also appointing a new parliamentarian. Council Member/Commissioner Estrada stated that there was no equity with these assignments, that they were not fair, and that she and Council Member/ Commissioner McCammack were basically excluded. She also pointed out that in the past it was always the Chairperson of the Redevelopment Committee who was the Vice-chair of the Community Development Commission (CDC); however, the way it was now set up there would be four Council members tied to that committee-five including the alternate. Therefore, she would not accept the position of Vice-chair of the CDC in the event it could constitute a violation. Council Member/Commissioner Kelley stated that his concern was possible violation of the Brown Act as a result of having alternates, and he would not support this item. Council Member/Commissioner Johnson stated that he believed staff was capable of tracking who comes to what meetings and who is absent so there is no violation of the Brown Act. He also noted that of the five committees listed in the staff report, six of the seven Council members sit on two or three of the committees, so he did not understand why anyone would think they were getting a bad deal. 17 07/06/2009 City Attorney Penman concurred with Ms. Estrada regarding the chair of the Redevelopment Committee being the vice-chair of the CDC, stating that since Ms. Estrada has withdrawn from that position, it resolved that particular issue. He also cautioned that by appointing alternates, it would be very easy to have a violation of the Brown Act, and in the past they have avoided permanent alternates for this reason. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the recommended Council committee assignments be approved. The motion carried with Estrada, Kelley, and McCammack voting "no." 49. Public Hearing - Conditional Use Permit (CUP) No. 07-04 to establish a gas station, car wash, mini-mart with Type 20 Alcoholic Beverage Control (ABC) license, 2 drive-thru restaurants & Tentative Parcel Map (TPM) No. 19162 to create 3 parcels on 2.1 acres at the northeast corner of Inland Center Drive and "I" Street in the CG-l, Commercial General land use district, & Development Code Amendment (DCA) No. OS-02, a proposal to revise location standards for convenience stores and ABC licenses necessary to approve the project. Mayor/Chairman Morris opened the hearing. Terri Rahhal, Deputy Director/City Planner, Development Services Department, stated that this was a development project proposed for the northeast corner of Inland Center Drive and "I" Street to construct an ARCO AM/PM gas station with a mini-mart, a carwash, and two drive-thru restaurants on the site. She stated that the reason the proposal was before the Council tonight was because it requires an amendment of the City's Development Code in order to site the gas station with a mini-mart and alcoholic beverage control license, as requested. Ms. Rahhal stated that it is requested that the proposed convenience store have a Type 20 Alcohol Beverage Control (ABC) license to sell beer and wine. She pointed out that this creates a conflict with two sections of the Development Code-Section 19.06.030, subsection 2F4 prohibits convenience stores within 1,000 feet of any existing school; and in the same section, subsection 2Bl prohibits establishment of any off site ABC license, including Type 20, within 500 feet of any religious institution, school, or public park. She stated that the development code amendment that is proposed with this project would amend both of those subsections; specifically, to add a provision for consideration of exceptions to these distance criteria through the consideration of the site development plan to the conditional use permit process. 18 07/06/2009 She added that a conditional use permit is required for any convenience store, as well as any ABC license. Ms. Rahhal stated that some of the things to consider through the CUP process as recommended in this Development Code Amendment would be physical barriers and circulation patterns, which would tend to separate the uses from those sensitive land uses; operating hours and site management provisions, which may be included as conditions of approval of the project; as well as the ability to consider the recommendations of the affected or nearby sensitive land use, which in the case of this project, would be the school district. Ms. Rahhal stated that the applicant for this project had worked with representatives of the San Bernardino City Unified School District to develop a Memorandum of Understanding that has already been executed by the school board. The MOU provides for several operational requirements on the convenience store, which have been included in the conditions of approval, which were recommended to the Planning Commission. These conditions would prohibit sales of single containers of alcohol, and it would severely restrict advertising of alcoholic beverages and sales promotions that encourage the sale of alcoholic beverages. It also requires site lighting, surveillance equipment, signage, and employee training to discourage crime and loitering at the site. In addition to these conditions of approval, the MOU also provides for the applicant to fund a crossing guard at the intersection of Inland Center Drive and "I" Street, as well as a safety and awareness training program for the students of Urbita Elementary School. She stated that the recommendation in the staff report was to deny the project based on the recommendation of the Planning Commission, as well as the recent action of the Council on a similar development code amendment proposal that was related to convenience stores and ABC licenses. She stated that at the Planning Commission meeting of April 21, a vote to approve the project failed with a 2-3 vote. Those in the majority stated that their votes were not based on the development project itself, but on the prospect of approving an ABC license in proximity to an existing school, regardless of the school district's recommendations, which were included in the Planning Commission packet. She pointed out that at the last regular meeting of the Mayor and Council on June 15, the Mayor and Council considered a development code amendment that included the provisions recommended with this project, as well as several other sections to be amended in the Development Code; and the distinction that is required for this project is that on June 15 the Council considered amending the prohibited uses section of the Development Code (19.06.025), which prohibits the establishment of new convenience stores within one mile of an existing convenience store. She noted that that section of the code does not affect 19 07/06/2009 approval of this proposed project because gas station mini-marts are exempt from the prohibition in that section of the code. Therefore, the only sections that this proposed development code amendment would affect are those related to the 1,000 foot and 500 foot required distance from an existing school. Ms. Rahhal stated that the code amendment that is required with this project would add discretion for the approval authority to consider these mitigating factors on a case by case basis. She noted that if the Council was to approve this project, there was an alternative motion provided on the agenda that would direct staff to come back with findings for approval and an ordinance amending the Development Code. She added that staff would like to hear direction from the Council if they decided to use the alternate motion as to which sections of the code might be amended; stating that it may be possible, if they should so choose, to perhaps change the amendment that is currently proposed to one only affecting the ABC license. She stated that would be in keeping with the recommendation of the Planning Commission, which only opposed the project on the basis of the ABC license. City Attorney Penman stated that if the Council was to adopt Motion 2, some guidance on the ordinance would be necessary in order to approve this particular project. He asked Ms. Rahhal to clarify what the options would be in such an ordinance. Ms. Rahhal answered that the development code amendment that is proposed changes two sections of the Commercial Development Standards that are contained in the code-one relative to the placement of convenience stores within 1,000 feet of a school-that would have to be changed to allow the mini- mart to be placed where it is proposed-and then a separate section that is also proposed for amendment prohibits off site ABC licenses within 500 feet of a school. Therefore, if the Council would desire to approve the project without an ABC license, it would be possible to amend only that subsection that sets a minimum distance for convenience stores relative to an existing school site. Pursuant to Resolution 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Amelia Sanchez-Lopez, San Bernardino, CA, stated that she coordinates the Alcohol and Drug Abuse Prevention Program for the San Bernardino County Department of Public Health and is a long-time resident of the city of San Bernardino; and she asked the Council to deny CUP 07-04. She stated that it is correct that alcohol is a legal substance, but it is also a substance with a high potential for abuse and contributes to risk factors already existing in communities that fuel more crime and other problems of violence. 20 07/06/2009 Jack Kofdarali, applicant for the project, noted that they have been working on this project for almost three years and he understands the concerns about alcohol. He stated that he currently owns 23 ARCO AM/PM facilities, and as an organization ARCO has won several awards for being a responsible retailer in their industry. He stated that he owns the only two ARCOs in the city of Irvine and there were challenges related to alcohol sales when they proposed those projects three years ago; and since then there have been zero incidences that have involved alcohol. In fact, he has never received a violation of selling alcohol to a minor because they are a responsible retailer. He stated that the license they are requesting comes with about 30 self-imposed conditions that no other retailer does. He stated that they are not after the sale of alcohol to irresponsible parties, and alcohol in his stores represents about 5 percent of the sales, but it is vital to their livelilIood as they are catering to the person stopping in after work who would take the alcohol home for consumption and they would be at a complete disadvantage with other locations who can sell alcohol. He stated they run a first-class operation, well lit, responsible in their sales, etc. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that the Mayor and Common Council deny Development Code Amendment No. 08-02, Conditional Use Permit No. 07-04 and Tentative Parcel Map No. 19162, based on the Findings of Fact contained in the staff report. The vote was taken following additional discussion. Council Member/Commissioner Brinker stated that this project was in his ward and he wanted to thank Mr. Kofdarali for coming out to speak to the neighborhood association in the area. He stated that, in general, they had a very positive response-that people would like to have the convenience of a gas station in their neighborhood as well as the mini-market and the potential for some restaurants and carwash. Mr. Brinker stated that the piece of property is triangular in shape, right next to the freeway, and almost an island unto itself. He stated that they talk about the dangers of the alcohol sales, but the bigger danger in his mind is the kids crossing those streets going to school; and one of the things that came about during discussions was the applicant's willingness to provide crossing guard services to mitigate that danger. 21 07/06/2009 He pointed out that we are in a down economy and there are not a lot of people wanting to invest their time and money in our City, and we need to be willing to say "yes" and find ways to work with people. He noted that part of the recommendations in the CUP was to limit the amount of refrigeration space for the sale of alcoholic items. He noted that alcohol is a legal item, and he was not advocating the sale of alcohol. He stated that he didn't understand how the Council could say "no" to this; and he thought the Council members had to take a good hard look at how they approach businesses. He asked Mr. Kofdarali what they could expect the general revenue from one of these establishments to be. Mr. Kofdarali stated that the gas station itself, with the carwash, would do about $1.5 million in revenue monthly, so they are talking about almost $15-20 million in annual revenue in addition to the fast food revenues. Council Member/Commissioner Baxter expressed support of the proposal, stating that he liked the fact that it was owner operated and not a franchise; and the fact that it involves a restaurant, a drive-thru restaurant, a carwash, and more than just a convenience store. He likes that it involves gasoline and in a very strategic location at Inland Center Drive off the 215 Freeway in an area that is not being utilized right now. He stated that was why he supported this project, and it would be a good tax increment to the City. Council Member/Commissioner Shorett asked Mr. Kofdarali if he already had tenants for the fast food establishment and the coffee shop; and if not, in this economy did he feel confident he would be able to fill those. Mr. Kofdarali replied that in most of his projects they have taken the attirude- build and they will come. Council Member/Commissioner Shorett expressed support for the project and noted that it was acrually the school board who approved the project-not Dr. Delgado himself or his staff. Council Member/Commissioner Brinker made a substirute motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; and that the Mayor and Common Council approve Development Code Amendment No. 08- 02, Conditional Use Permit No. 07-04, and Tentative Parcel Map No. 19162 in concept, and direct staff to prepare revised Findings of Fact and an ordinance. The vote was taken following additional discussion. 22 07/06/2009 Council Member/Commissioner McCammack stated that she had an issue relative to the traffic, noting that this off-ramp is the southbound exit for the Inland Center Mall and during times of heavy traffic it could cause a major backup in traffic. Also, she didn't want to see another on/off the freeway "stop- and-rob" opportJinity. Last but not least, she felt that they should not be lowering their standards just because the City is broke. All in all, she did not think this particular location was the right location. Council Member/Commissioner Kelley questioned whether the applicant had considered a full service restaurant. Mr. Kofdarali replied that they had, but there is nobody on the market doing anything right now. Mr. Kelley stated that he supported business, but he wanted to make sure he was making a decision that would be of the highest standards for the community; and in this particular case, because of the close proximity to the mall, he would prefer that the applicant hold on to his property and provide a full service restaurant. Ms. Rahhal advised that there were two potential amendments-one was for the convenience store to be located in proximity to the school and the other was for the ABC license. She asked if Mr. Brinker's motion was representing both of those and he answered in the affirmative. Ms. McCammack asked if they changed it for this project, did that mean that 1hey were opening it back up citywide. Ms. Rahhal answered that the provisions would be on a citywide basis to add that discretion, not to necessarily approve them. She stated that on the convenience store item alone-only for a gas station mini-mart convenience store, which is not a prohibited use-that item could go under a CUP for the approval authority of the Planning Commission. If an ABC license is proposed, we are under a citywide moratorium that requires a determination of public convenience and necessity from the Council-so any ABC proposal would also come through the Planning Commission with a recommendation to the Council. The point being that it has to come back to the Council for any future proposals-this isn't opening the floodgates. The substitute motion made by Council Member/Commissioner Brinker, seconded by Council Member/Commissioner Shorett, failed with Estrada, Kelley, Johnson, and McCammack voting "no." 23 07/06/2009 The original motion made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that the Mayor and Common Council deny Development Code Amendment No. OS-02, Conditional Use Permit No. 07-04 and Tentative Parcel Map No. 19162, based on the Findings of Fact contained in the staff report, carried with Baxter, Brinker, and Shorett voting "no." 50. Norton Space and Aeronautics Academy - Reimbursement Agreement for waiver/reimbursement of fees (Continued from March 16,2009.) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of December 7, 2009. The motion carried unanimously. 51. Resolution of the City of San Bernardino approving License Agreement No. 09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for maintenance of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th Street (BR#54C0066). (Continued from June 15, 2009.) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of July 20, 2009. The motion carried unanimously. 52. Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison across City owned property located on the northeast corner of Palm Avenue and Irvington Avenue, known as Tom Minor Park (APN 0261-691-4S). (Continued from June 15, 2009.) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council! Commission meeting of August 3,2009. The motion carried unanimously. 53. Resolutions approving the 2009/2010 Assessment Rolls - various Assessment Districts. (Continued from June 15,2009.) RES. 2009-20S - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road Area. (53A) 24 07/06/2009 RES. 2009-209 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University area. (53B) RES. 2009-210 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive Area. (53C) RES. 2009-211 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive area. (53D) RES. 2009-212 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 959, Zone 1 and Zone 2, Landscaping Maintenance Assessment District, Shandin Hills area. (53E) RES. 2009-213 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine A venue area. (53F) RES. 2009-214 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street area. (53G) RES. 2009-215 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 96S, Landscaping Maintenance District, Airport Drive. (53H) RES. 2009-216 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (531) RES. 2009-217 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street area. (53J) RES. 2009-21S - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue area. (53K) 25 07/06/2009 RES. 2009-219 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 9S1, Landscaping Maintenance District, Meridian Avenue and Randall Avenue area. (53L) RES. 2009-220 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 9S2, Landscaping Maintenance District, Piedmont Drive area. (53M) RES. 2009-221 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 9S6, Landscaping Maintenance District, Rialto A venue and Macy Street area. (53N) RES. 2009-222 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 9S9, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street area. (530) RES. 2009-223 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue area. (53P) RES. 2009-224 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street area. (53Q) RES. 2009-225 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue area. (53R) RES. 2009-226 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street area. (538) RES. 2009-227 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "H" Street area. (53T) RES. 2009-22S - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) area. (53U) 26 07/06/2009 RES. 2009-229 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue area. (53V) RES. 2009-230 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll For Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street area. (53W) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. (Resolution 53X was continued to August 3, 2009.) (53X) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive area. (Resolution 53Y was continued to August 3, 2009.) (53Y) RES. 2009-231 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. lOIS, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (53Z) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. (Resolution 53AA was continued to August 3,2009.) (53AA) RES. 2009-232 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas A venue area. (53BB) RES. 2009-233 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment District, SBIAA/ Alliance California area. (53CC) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. (Resolution 5300 was continued to August 3,2009.) (53DD) 27 07/06/2009 RES. 2009-234 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive area. (53EE) RES. 2009-235 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street area. (53FF) RES. 2009-236 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1027 Landscaping Maintenance District, Waterman Avenue and Washington Street area. (53GG) RES. 2009-237 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 102S Landscaping Maintenance District, Ohio Avenue and Walnut Avenue area. (53HH) RES. 2009-23S - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1029 Landscaping Maintenance District, California Street and 16th Street area. (5311) RES. 2009-239 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (53JJ) RES. 2009-240 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1031 Landscaping Maintenance District, Irvington Avenue and Olive Avenue area. (53KK) RES. 2009-241 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive Area. (53LL) RES. 2009-242 - Resolution of the City of San Bernardino confirming the 2009/2010 Special Tax for certain parcels of real property within Community Facilities District No. 1033 for a portion of the operation and maintenance costs of the Verdemont Fire Station. (53MM) RES. 2009-243 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road area. (53NN) 28 07/06/2009 RES. 2009-244 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway area. (5300) RES. 2009-245 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont A venue and Magnolia A venue area. (53PP) RES. 2009-246 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 103S, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue area. (53QQ) RES. 2009-247 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance District, Irvington Avenue and Chestnut Avenue area. (53RR) RES. 2009-24S - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1040, Landscaping Maintenance District, Acacia Avenue and Hill Drive area. (53SS) RES. 2009-249 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1041, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (53TT) RES. 2009-250 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive area. (53UU) RES. 2009-251 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington Avenue area. (53VV) RES. 2009-252 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1045 Landscape Maintenance District, located in the Waterman Avenue and Orange Show Road area. (53WW) 29 07/06/2009 RES. 2009-253 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1046 Landscape Maintenance District, Northpark Boulevard and Northstar Avenue area. (53 XX) RES. 2009-254 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1047 Landscape Maintenance District, located in the Ohio Avenue and Pine Avenue area. (53YY) RES. 2009-255 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1052 Landscape Maintenance District, located in the Belmont Avenue and Chestnut Avenue area. (53ZZ) RES. 2009-256 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1057 Landscape Maintenance District, located in the Cajon Boulevard and University Parkway area. (53AAA) RES. 2009-257 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1059 Landscape Maintenance District, located in the Orange Show Road and Tippecanoe Avenue area. (53BBB) RES. 2009-25S - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1063 Landscape Maintenance District, located in the Central Avenue and Lena Road area. (53CCC) RES. 2009-259 - Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1064 Landscape Maintenance District, located in the Cajon Boulevard and Glen Helen Parkway area. (53DDD) RES. 2009-260 - Resolution of the City of San Bernardino, authorizing and setting the Special Tax Rate for that certain area generally located north of Highland Avenue, east of Golden Avenue for paramedic services, Special Tax Area 2006-1, and approving the Fiscal Year 2009/2010 Tax Roll. (53EEE) 30 07/0612009 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that said resolutions A-Z, AA-ZZ, and AAA- EEE, be adopted, except for resolutions B, C, X, Y, AA, DO, and EEE. The motion carried and Resolution Nos. 2009-20S, and 2009-211 thru 2009-259 were adopted unanimously. Council Member/Commissioner Kelley stated he would abstain on resolution 53B because he owns property within 500 feet of the assessment district. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker that said resolution 53B, be adopted. Resolution No. 2009-209 was adopted with Kelley abstaining. Council Member/Commissioner Johnson stated he would abstain on resolution 53C because his residence is within 500 feet of the assessment district; and he would abstain on resolution 53EEE because his wife's place of employment is within 500 feet of the assessment district. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions 53C and 53EEE, be adopted. Resolution Nos. 2009-210 and 2009-260 were adopted with Johnson abstaining. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions X, Y, AA, and DO be continued to the Council!Commission meeting of August 3, 2009. The motion carried unanimously. 54. RES. 2009-261 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Public Safety Academy for the donation of two (2) surplus fire apparatus. (Continued from June 15, 2009.) Council Member/Commissioner Kelley made a motion, Member/Commissioner Estrada, that said resolution be No. 2009-261 was adopted unanimously. seconded by Council adopted. Resolution 31 07/06/2009 COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Wilson, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Clerk Clark. Absent: None. R55. Mary Erickson Community Housing, Inc. ("MECH") - Delegation and authorization for the implementation of the Neighborhood Stabilization Program ("NSP") and approval of a certain Master Agreement between the Agency and MECH (Continued from June 15, 2009.) Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the expenditure of certain Neighborhood Stabilization Program ("NSP") Funds pursuant to the Housing and Economic Recovery Act of 200S ("HERA") in accordance with NSP Grant Number B-OS-MN-06-0520 in the principal amount equal to $S,40S,55S. (R55A) Resolution of the Community Development Commission of the City of San Bernardino accepting the delegation of administration and management for the use of the City of San Bernardino Neighborhood Stabilization Program ("NSP") funds in accordance with the Housing and Economic Recovery Act of 200S. (R55B) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the use of Low and Moderate Income Housing Funds and Neighborhood Stabilization Program ("NSP") funds through a certain Master Agreement by and between the Redevelopment Agency of the City of San Bernardino (" Agency") and Mary Erickson Community Housing, Inc. ("MECH"), pursuant to the Neighborhood Stabilization Program. (R55C) Emil Marzullo, Interim Executive Director, Economic Development Agency, stated that the Neighborhood Stabilization Program (NSP) was part of the national stimulus package, and the City's allocation under this entitlement program is $8.4 million. He advised that the City has four programs-the down payment assistance program; housing opportunities for households at or below 50 percent of the area median income; acquisition, demolition and redevelopment; and acquisition, rehab, and resale. He stated that this is the 32 07/06/2009 program that they essentially have to fund and address the foreclosure crisis occurring not only in this city, but regionally and nationally as well. Carey Jenkins, Director of the Housing and Community Development Division of the Economic Development Agency, provided a PowerPoint presentation titled NSP Overview relative to where the City has been thus far with NSP, what this action entails, and what staff is attempting to do insofar as the project before the Council!Commission tonight. He advised that tonight's proposal had to do with housing opportJimtJes for households at or below 50 percent of the area median income (AMI) for which there is an allocation of $2.1 million, or a 25 percent carve-out of our total grant award; and that staff had obtained a developer, Mary Erickson Community Housing, Inc. (MECH), by initiating a notice of funding availability. Mr. Marzullo explained that the federal dollars attached to the stimulus bill or Neighborhood Stabilization Program require that 25 percent be set aside for housing at 50 percent or below the area median income. Here the median income is roughly $38,000, so the residents that would qualify to live here could not make more than $18,000 per year. Because of the requirements under the act-the act doesn't allow them to just demolish neighborhoods, it requires them to stabilize neighborhoods-within their stability program they suggested finding a nonprofit community housing developer organization, which Mary Erickson is, and they would take the fourplexes out of single ownership and convert these multiple properties into a condominium parcel; and that would lessen the futJire of another situation where you could break up these fourplexes into individual ownership. He stated that the other housing units within the interior would be an acquisition/demolition where they would have options. It doesn't mean they have to build single-family or senior housing-they're just showing that as a particular option. So, the components would be to stabilize the edges with the housing that is still in decent shape-rehabilitate those and put those under professional ownership, professional management and some sense of control so that they don't end up with the kinds of populations that they have had in the past. He noted that probably 80 percent of the people in any project like this are good people and 20 percent tend to spoil it for everyone else. With concentrated ownership management you get the ability to take control of those 20 percent, and that is why they are proposing this structure. Mr. Marzullo advised that they have a fairly strict timeline in the NSP program-they have literally 18 months to not only allocate, but to essentially put in process the control of those dollars into property; and they have three and one-half years to spend it. 33 07/06/2009 He stated that he had been asked informally by several of the Council!Commission members if they have to do this in this neighborhood; and he stated that certainly they did not have to do it in this neighborhood. And there is no requirement that they have to demolish housing or other components of a multi-residential community like this. He stated that what the act requires the City/Agency to do is address issues of foreclosure; and an absolute requirement of the act is to address the lower income component-the 25 percent component. So they don't get the choice of doing the 25 percent, but they do get the choice of where they do the 25 percent. He stated that if it was the CounciIlCommission's choice from a policy perspective to take staff's recommendation to do the 25 percent component within this neighborhood, staff thought they had a valid and solid proposal for them. If it was their choice not to do it, in order to get any of the NSP dollars they would have to do a 50 percent component somewhere within the city within 18 months that equals 25 percent of the $8.4 million grant allocation; otherwise, they have to pay it back. Susan McDevitt, Executive Director, Mary Erickson Community Housing, advised that their organization is a 501(c)3 community housing development organization, founded in 1991; and that small, infill development is their niche. She noted that the nonprofit advantage is professional, single-ownership management which results in reduced calls for service, stabilization of property values, removal of blight, and increased tenant safety. Jay Lindberg, San Bernardino, CA, expressed his belief that if we don't start rebuilding our industrial base there is not going to be any turnaround of the current market situation. Mayor/Chairman Morris inquired of Agency Counsel Sabo whether there were any legal issues regarding the three resolutions. Mr. Sabo responded that the actions before the Council consisted of two resolutions to establish a program for use of the NSP funds and a third resolution was to approve the agreement with Mary Erickson. He stated that the agreement complies with those requirements of the NSP, which is that they have to be for rental and have 50 percent of the area median income. He added that other points in the agreement are negotiable, but the basic legal requirement is that we comply with the NSP funds, which this agreement does. City Attorney Penman provided a detailed synopsis of past actions and problems in the proposed targeted area. He also stated that one of the resolutions was for Mayor and Council approval, and his staff had found ten legal issues, as follows: 34 07/0612009 1. No provision in the document for services in support of the free life skills mentioned in the staff report. 2. Does not say which properties should be rehabilitated - the matter is left for later determination, but should be determined now by the Council. 3. Does not have EDA minimum building standards included. 4. Needs clarification oflanguage for project manager. 5. Agreement needs clarifying language regarding financing. 6. Scope of services fails to include language regarding tenant selection process, including provisions of the United States Code and a copy of the developer's zero tolerance policy. 7. Lack of definition of key terms such as "obligate all NSP finances" and "blended average aggregate discount. " 8. No criteria for the financial evaluation report in the documents. 9. Multiple ambiguities that need to be clarified. 10. In many places this agreement is an agreement to agree as opposed to setting forth terms for performance. Mr. Penman stated that one of the things that is probably of the most concern is the provision that the developer shall develop a system approved by the Agency, not the Council, to determine whether the acquired properties should be rehabilitated or not. He noted also that one thing that is clear is that the maximum income that any person who occupies any of these fourplexes (and there are 100 units to be rehabilitated) has to be one-half (50 %) of the average median income in this area. Mr. Penman noted that the average median income in this area is $38,000-one-half of that is $19,000 per year. So people cannot make more than $19,000 per year and if they make more than that they cannot go into these fourplexes. Mr. Penman stated that he and his staff needed time, at least one week and preferably two, to go through these concerns and bring them back to the Council. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued for two weeks. The vote was taken following additional discussion. Responding to an inquiry from the Mayor, Agency Counsel Sabo stated that there were no legal issues with the documents-that the issues Mr. Penman had raised were business points. He stated that many of them could be accommodated as they proceed to the final preparation of the proposal. He stated that at this point, until they actJially are in escrow to deal with this, they don't know if it is a demolition or a rehab-so the language that appears to be open ended-it needs to be--because they don't know if that's going to be an eligible candidate or not. Some of the other issues, as far as the life services, clearly they can make that a part of the document and the lease attached to it. So, a lot of these items can be addressed; but again, you have to realize that 35 07/06/2009 where they are in this process, until they are in escrow, until they have a project and do the due diligence, they don't know what they are buying. He stated that if this was approved today they could work with Mr. Penman and come up with a final document that would meet all of these requirements. Mr. Marzullo stated that he agreed with the City Attorney about some of the things that have been done in the past and some of the things that continue to happen, but he thought some of the things Mr. Penman had pointed out actually support what they are proposing. He explained that if you leave this neighborhood the way it is, with uncontrolled speculation investment, you will end up with a continuation of what we've had-we have had a failed public policy, high police costs, and high safety and fire costs going in and out of those areas. Insofar as the Mary Erickson units, as Mr. Sabo pointed out, they don't have it designated. He stated that in terms of the need to expedite the project, if the Council/Commission wants to begin to change the reality of this neighborhood they need to act quickly. If they wait weeks, he didn't know how many of these units would be purchased by investors, and each unit purchased by an investor becomes one more unit they can't purchase to begin to stabilize the neighborhood. The motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of July 20, 2009, carried with Baxter, Brinker, and Johnson voting "no." R56. Public Hearing American Recovery and Reinvestment Act Neighborhood Stabilization Program 2 ("NSP2") Notice of Funding Availability Competitive Grant Application RES. 2009-262 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving the submittal of an application to the United States Department of Housing and Urban Development ("HUD") for funding under the Neighborhood Stabilization Program Round 2; and authorizing the City Manager of the City of San Bernardino ("City") or his designee to execute, on behalf of the City, such documents as requested by HUD to effectuate the application. Mayor/Chairman Morris opened the hearing. Emil Marzullo, Interim Executive Director, Economic Development Agency, stated that NSP2 is essentially a mirror image of NSPl; however, with NSP2 there are additional targeting requirements for the dollars into much tighter neighborhood configurations, so that the dollars can be more efficiently utilized. 36 07/06/2009 He stated that the issue for NSP2 is that it is not an entitlement grant like NSPl-it is a discretionary grant-so they actually compete for these dollars based on their application. He stated that staff believes that the allocation they could potentially receive, if they received everything, would be about $9 million. Again, it would be utilized for all of the same program issues addressed in NSPl-foreclosures, housing rehab, housing acquisition, etc. No public comments were received. Council Member/Commissioner Estrada stated that at one time there had been a very vigorous plan for the cleanup of the Arden Guthrie area; in fact, the City invested $25-30 million in that area. However, it did not continue to be a priority. She expressed concern that there was not a plan for moving forward in the Arden Guthrie area. Mayor/Chairman Morris noted that the City/Agency spent a huge amount of money to clean up that area, but they ran out of resources. He stated that the opportunity that comes with the NSP dollars will allow the City to recaptJire some economical vibrancy in that area. Council Member/Commissioner McCammack stated that there was a plan-that one of the goals was to continue the purchase of the fourplexes north of 19th Street as they came up for sale. Subsequently, the school district came along and decided to buy a huge portion, so no more fourplexes could be placed; and they built a second school. Then for $7-8 million we bought all of the fourplexes north of 19'" Street and demolished them; and the plan was to make the northern portion commercial and bring the southern portion back to single- family, owner occupied and/or senior component only. She stated that she could support taking the grant, but she couldn't support taking a grant unless it is for replacing the existing fourplexes with single- family, owner-occupied and/or senior complexes. Mr. Marzullo advised that NSP2 has nothing to do with Arden-Guthrie-that it is an application for a federal competitive grant, just like NSPl; however, NSP2 has more targeted criteria. He stated that staff has shown that there are five areas where the City qualifies under their targeting; and one of them is, in fact, this lower Arden-Guthrie area. Another one is Del Rosa, north of the 210 Freeway; another is an area between Sierra Way, 16'" Street, and Baseline, which in essence is Operation Phoenix 1; and the fourth and fifth areas are on the west side of the 215 freeway-large expanses based on demographics and numbers as outlined. He stated that NSP2 applications are due in Washington by July 17, but the next Council/Commission meeting is July 20, so if the Council didn't adopt something tonight for application, they would not meet their deadline. He said 37 07/06/2009 they could, alternately, send in an application, come back on the 20'" for ratification, and if they don't ratify it at that point, then call the application back in. He stated that they would like to have action approving the grant application tonight-that the HUD requirement is not that they have projects-it's just that they have a program outline, which they do. Council Member/Commissioner Kelley stated that he had reservations based on the fact that they might be displacing families; and he questioned where they would relocate those individuals. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2009-262 was adopted with Kelley and McCammack voting "no." R57. Prepaid Postage - California Theatre of the Performing Arts Semi-Annual Performance Brochures Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the Community Development Commission of the City of San Bernardino authorize and approve the Redevelopment Agency of the City of San Bernardino ("Agency") to pay the amount of $46,410 to the U.S. Postal Service for the brochures postage fee for Agency advertising of performances at the California Theatre of the Performing Arts. The motion carried with McCammack voting "no." R58. City of San Bernardino and the Redevelopment Agency of the City of San Bernardino - Adoption of a Policy regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation IS944.1. Resolution of the Mayor and Common Council of the City of San Bernardino adopting a Joint Policy with the Redevelopment Agency of the City of San Bernardino regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation IS944.1. (R5SA) Resolution of the Community Development Commission of the City of San Bernardino adopting a Joint Policy with the City of San Bernardino regarding the distribution of tickets or passes pursuant to the requirements of Fair Political Practices Commission Regulation IS944.1. (R5SB) Note: Resolution A was not distributed with the backup materials. Staff requested a two-week continuance of this matter. 38 07/06/2009 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council! Commissioner meeting of July 20,2009. The motion carried unanimously. R59. Recommended Intermediary Services Providers in support of the Neighborhood Stabilization Program ("NSP") Request for Proposal ("RFP") 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 enter into a Master Agreement with each of the selected Intermediaries identified through the Neighborhood Stabilization Program ("NSP") Intermediary Services RFP procurement process for the purpose of rehabilitating and selling Agency identified and approved foreclosed and/or abandoned single- family residences within the City of San Bernardino. Staff requested a two-week continuance of this matter, noting that it was a companion item to Agenda Item No. R55, which had been continued to July 20. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council!Commission meeting of July 20, 2009. The motion carried unanimously. R60. California Housing Foundation, Inc., a non-profit 501(c)(3) organization - Substitution of the 6495 North Jordan Lane property per the 200S Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement RES. CDC/2009-31 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the substitution of the 6495 North Jordan Lane property in place of the 672S North Ofelia Drive property per the terms of the approved 200S Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement by and between the Agency and California Housing Foundation, Inc., for the benefit of developmentally disabled adults. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2009-31 was adopted unanimously. 39 07/06/2009 R61. TELACU Housing - San Bernardino IV, Inc. - Amendment No.1 to the 200S Home Funds Loan and Grant Development Agreement (IVDA Redevelopment Project Area) RES. 2009-263 - Resolution of the Mayor and Common Council of the City of San Bernardino approving an amendment to the City's 2005-2010 Consolidated Plan and the 200S-2009 Action Plan and allocating $902,476 in Federal HOME and CHDO Grant Funds to TELACU Housing - San Bernardino IV, Inc., a California non-profit public benefit corporation ("Developer") (IVDA Redevelopment Project Area). (R61A) RES. CDC/2009-32 - 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 200S HOME Funds Loan and Grant Development Agreement by and between the Agency and TELACU Housing - San Bernardino IV, Inc., a California non-profit public benefit corporation (IVDA Redevelopment Project Area). (R61B) City Attorney Penman advised that his office had not signed Resolution A. No public comments were received. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2009-263 and Community Development Commission Resolution No. CDC/2009-32 were adopted with Estrada and McCammack voting "no." R62. Neighborhood Housing Services of the Inland Empire, Inc. (NHSIE), 2007- 2010 Single-Family Beautification Grant/Loan, Mobile Home Grant Program and Home Agreement - Contract Amendments RES. CDC/2009-33 - 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 certain Amendments to the Single-Family Beautification Loan/Grant and Mobile Home Grant Program and the 2007 HOME Agreement by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. ("NHSIE"). Council Member/Commissioner McCammack stated she would abstain because NHSIE is a business client. She left the Council Chambers and retJirned after the vote was taken. 40 07/06/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2009-33 was adopted with McCammack abstaining. R63. American Recovery and Strengthening Communities Development Reinvestment Act ("ARRA") of 2009 Fund Grant for the Office of Business RES. 2009-264 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the submittal of an application pursuant to the American Recovery and Reinvestment Act (" ARRA") of 2009 Strengthening Communities Fund Grant and delegating the administration thereof to the Redevelopment Agency of the City of San Bernardino. (R63A) RES. CDC/2009-34 - Resolution of the Community Development Commission of the City of San Bernardino approving and accepting the delegation of the administration for the American Recovery and Reinvestment Act ("ARRA") of 2009 Strengthening Communities Fund Grant and authorizing and directing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino to submit the requested application. (R63B) Council Member/Commissioner McCammack stated she would abstain as several companies listed on page 6 of the attachment to the resolution are business clients. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2009-264 and Community Development Commission Resolution No. CDC/2009-34 were adopted with Kelley absent and McCammack abstaining. PLANNING ITEMS 64. Appeal Hearing - Conditional Use Permit No. OS-21 (Appeal No. OS-07) - Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilities and office space located at S40 North Sierra Way in the RM, Residential Medium, land use district. (Continued from June 15, 2009.) The hearing was closed at the Council/Commission meeting of April 6, 2009. 41 07/06/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to July 20, 2009. The motion carried with Estrada and Kelley absent. 65. Public Comments Jay Lindberg, San Bernardino, CA, stated that he had submitted a public information request for the Executive Review Seismic StJidy at City Hall and hoped that it would be forthcoming; asked what was going to happen when there is a real shortage of gasoline; and suggested using redevelopment funds to bring industries to San Bernardino that will be needed in a very short time. C. Patience Summers, San Bernardino, CA, spoke regarding Child Protective Services (CPS), judges that sit on the boards of nonprofits, and the conflicts involved therein. 66. Adjournment At 7:42 p.m. the meeting adjourned. The next joint regular meeting IS scheduled for 1:30 p.m., Monday, July 20,2009. By: RACHEL G. CLARK City Clerk ~~.~ Linda E. Hartzel Deputy City Clerk 42 07/06/2009