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HomeMy WebLinkAbout04-05-2010 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Coos Kelley Rikke Van Johnson Wendy McCommack ~ MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 5, 2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:32 p.m., Monday, April 5, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Wilson; City Manager McNeely; Deputy City Clerk Ochiqui. Absent: Council Member/Commissioner Desjardins. Council Member/Commissioner Desjardins arrived at 1:47 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Michael Desrochers, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 708367; 1 04/05/2010 Susan Hulse v. LAFCO & City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVDS 1002077; Steven Bocanef?ra v. City of San Bernardino, et al. - United States District Court, Case No. 10-00032 (V AP) OPx; lane Batey, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. SCVSS 141503; l.R., etc., et al. v. City of San Bernardino, et al. - United States District Court of Appeals, Case Nos. 07-56375 and 08-55102. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Arco Gas Station at 5th & Mt. Vernon One case C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area 1. Property Address: 450 North "E" Street APN: 0134-121-24 2 04/05/2010 Negotiating Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Moctesuma Esparza on behalf of Maya Cinemas North America, Inc. Under Negotiation: Purchase price, terms and conditions. Reading of Resolutions & Ordinances Deputy City Clerk Ochiqui read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Dr. Finis Wiggins, Jr., Richard Kimball and Frank Ibarra. Invocation/Pledge of Allegiance The invocation was given by Reverend David McGloklin of St. Paul's United Methodist Church. The pledge of allegiance was led by Matthew Keiper, a third grade student at Bonnie Oehl School. 2. Reappointments - Various Committees/Commissions - Mayor Morris Animal Control Commission Judith Hubert Marilyn Sauer Bicentennial Ad Hoc Committee Martha L. Pinckney Steve Shaw David E. Smith Jane Sneddon Community Development Citizen Advisory Committee Barbara Henley Mark Ocegueda Thomas Pierce Fine Arts Commission Ken Corona Mildred McKim 3 04/05/2010 Measure Z Citizens Oversight Committee Philip M. Savage III Planning Commission Lance Durr - Alternate James Mulvihill A. Jay Munoz Appointments - Various Committees/Commissions - Council Member Desjardins Bicentennial Ad Hoc Committee John A. Valdivia II Community Development Citizen Advisory Committee Nicholas Calero Board of Fire Commissioners (Fire Commission) Virginia Jecks-Wright Historical Preservation Commission James M. Smith Human Relations Commission John A. Valdivia II Planning Commission Nicholas Calero Board of Police Commissioners (police Commission) Sharon Darling Santa Ana River Trail Commission John A. Valdivia II Senior Affairs Commission John W. Powers Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said appointments and reappointments, as requested by Mayor Morris and Council Member Desjardins, be approved. The motion carried unanimously. 4 04/05/2010 Appointments - Various Committees/Commissions - Council Member Shorett Board of Building Commissioners and Bureau of Franchises Larry Quiel Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that said appointments, as requested by Council Member Shorett, be approved. The motion carried unanimously. 3. Presentations Letitia White, Federal lobbyist with Innovative Strategies, gave a brief update on the progress of the City's Federal programs. Council Member Brinker presented the Citizen of the Month Award to Pat King, Principal at Urbita Elementary School. Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, announced that several events were coming up in May, the most important being the Gala. Rabbi Cohn introduced Martha L. Pinckney, Chair of the Gala Committee, who provided information about the Bicentennial Gala, which will be held on May 15, 2010, at the National Orange Show Events Center. 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 McCammack made a motion, seconded by Council Member/Commissioner Shorett, 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 McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development 5 04/05/2010 Commission of the City of San Bernardino be approved as submitted in typewritten form: March 1, 2010; March 11, 2010; and March 15, 2010. The motion carried unanimously. 7. Claims & Payroll Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated March 15, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the personnel actions, as submitted by the Chief Examiner, dated March 31, 2010, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 9. RES. 2010-62 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Animal Control and Housing Agreement by and between the City of San Bernardino and the City of Grand Terrace for the period of April 1, 2010 through April 1, 2013 and ratifying any action taken between April 1, 2010 and the date of this resolution. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted, as amended, to reflect the addition of an Animal Control Officer; that the Director of Finance be authorized to amend the FY 2009/2010 adopted budget as outlined in Attachment A to the staff report from Debra Kurita, Assistant City Manager, and Sue Hoak, Animal Control Manager, dated March 29, 2010; and that the Director of Human Resources be authorized to update the position control resolution to reflect the addition of an Animal Control Officer. The motion carried and Resolution No. 2010-62 was adopted unanimously. 10. RES. 2010-55 - Resolution of the Mayor and Common Council of the City of San Bernardino in support of the Local Taxpayer, Public Safety, and Transportation Protection Act of 2010. 6 04/05/2010 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-55 was adopted unanimously. 1IA. Request for Feasibility Study to integrate the City Library System into the San Bernardino County Library System Public Comments: Tom Rennard, Library Board of Trustees member, San Bernardino, CA; Evelyn Alexander, San Bernardino, CA; Carolyn Tillman, Library Board of Trustees member, San Bernardino, CA; Jay Lindberg, San Bernardino, CA. Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Kelley, that the City Manager be directed to prepare a Feasibility Study to integrate the City Library System into the San Bernardino County Library System. No vote was taken. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner Brinker, that the City Manager be directed to bring the item back to the City Council in the near future to include all the recommendations that were discussed at the retreat. The motion carried with Desjardins, Kelley and McCammack voting "no." liB. Implementation of Management Partners Report recommendations Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Kelley, that the City Attorney be directed to draft proposed City Charter and Municipal Code changes to implement these cost saving recommendations identified in the Management Partners Report: lA) Amend the Charter to transfer the hiring/firing responsibility to the City Manager; and 100) Consolidate human resources duties, responsibilities and resources of the Library, Water, Economic Development/Redevelopment Departments into the consolidated Human Resources Department. No vote was taken. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner Brinker, that the City Manager be directed to bring the item back to the City Council in the near future to include all the recommendations that were discussed at the retreat. The motion carried with Desjardins, Kelley and McCammack voting "no." 7 04/05/2010 12. Authorization to proceed and approval of Plan No. 12708 - Proposed street vacation of a portion of Turrill Avenue between 14th Street and 16th Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue (New Roosevelt II Elementary School) Senior Assistant City Attorney Wilson stated that the City Attorney's Office would be abstaining on this item because the City Attorney's wife is a member of the School Board. Council Member/Commissioner McCammack stated that she would be abstaining on this item because the San Bernardino City Unified School District is a business client. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed street vacation of a portion of Turrill A venue between 14th Street and 16th Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue; and that Plan No. 12708 showing the proposed street vacation of a portion of Turrill A venue between 14th Street and 16th Street, and a portion of Magnolia Avenue between Mt. Vernon Avenue and Garner Avenue, be approved. The motion carried with McCammack abstaining. 13. Authorization to proceed and approval of Plan No. 12706 - Proposed street vacation of a portion of Pico A venue between 11th Street and Base Line Street (New Alessandro II Elementary School) Senior Assistant City Attorney Wilson stated that the City Attorney's Office would be abstaining on this item because the City Attorney's wife is a member of the School Board. Council Member/Commissioner McCammack stated that she would be abstaining on this item because the San Bernardino City Unified School District is a business client. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed street vacation of a portion of Pico A venue between II th Street and Base Line Street; and that Plan No. 12706 showing the proposed street vacation of a portion of Pico Avenue between lith Street and Base Line Street, be approved. The motion carried with McCammack abstaining. 8 04/05/2010 14. RES. 2010-56 - Resolution of the City of San Bernardino authorizing execution of a cooperative agreement with the San Bernardino County Flood Control District (District), the City of Highland, the City of Redlands and the Inland Valley Development Agency (IVDA) for construction of Alabama Street at City Creek - Road Improvements (SD05-01). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-56 was adopted unanimously. 15. Item deleted. 16. RES. 2010-57 - Resolution of the City of San Bernardino establishing a sale price of $500,000 and declaring the intention to sell City property generally located on the north side of Third Street, west of Waterman Avenue to the Redevelopment Agency of the City of San Bernardino and setting a public hearing for May 3, 2010, to consider said sale. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the Director of Development Services be authorized to proceed with the sale of City property generally located on the north side of Third Street, west of Waterman Avenue, to the Redevelopment Agency; and that said resolution be adopted. The motion carried and Resolution No. 2010-57 was adopted unanimously. 17. RES. 2010-63 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to All American Asphalt for street improvements on Cajon Boulevard, per Project Plan No. 12155. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the bid protest from Cooley Construction, Inc. be rejected; and that said resolution be adopted. Resolution No. 2010-63 was adopted unanimously. 18. RES. 2010-58 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to DHS Systems LLC for a DRASH MX5 Rapid Deployment Shelter and Environmental Control Unit. Council Member/Commissioner McCammack made Council Member/Commissioner Shorett, that said Resolution No. 2010-58 was adopted unanimously. a motion, seconded by resolution be adopted. 9 04/05/2010 19. RES. 2010-59 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Zoll Medical Corporation for four (4) Cardiac Monitor/Defibrillators with accessories. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-59 was adopted unanimously. 20. RES, 2010-60 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Motorola in the amount of $40,118.85 for communication equipment. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-60 was adopted unanimously. 21. RES. 2010-61 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of a virtual server environment for the City's business system infrastructure with Dell Computers, Inc., pursuant to Municipal Code Chapter 3.04.010(8)(3). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-61 was adopted unanimously. 22. RES. 2010-64 - 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 $557,700 with two (2) one-year extensions at the City's option to American Asphalt South, Inc. for the Slurry Seal Program utilized by the Public Services Department, Street Division. Council Member/Commissioner Kelley stated that he would like to work with the department head to reprogram some of the dollars in the Fifth Ward to address some of the other streets that are better candidates for the slurry seal. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-64 was adopted with McCammack voting "no." 10 04/05/2010 23. RES. 2010-65 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an agreement with the City of Los Angeles for the purpose of accepting and administering the FY 2007/2008 Regional Catastrophic Preparedness Grant Program. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-65 was adopted unanimously. 24. RES. 2010-66 - Resolution ratifying the submittal of two grant applications to the Community Foundation: 2010 Community Impact Fund for the combined amount of $20,000 to implement the "Fitness on Wheels" and "Ties that Bind" Programs. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-66 was adopted with Brinker absent. 25. Policy for naming of public facilities Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that no action shall be taken to name any public facility or amenity until a formal policy is adopted by the Mayor and Common Council. No vote was taken. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that no action shall be taken to name any public facility or amenity until a formal policy is adopted by the Mayor and Common Council, except for those parks that have previously been named in the Fifth Ward by Councilman Kelley. The motion carried with Brinker, Shorett and Johnson voting "no." 26. Resolution of Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with San Manuel Band of Mission Indians to use the City of San Bernardino Police Department's firing range. (Continued from March 15,2010) Council Member/Commissioner McCammack stated that she would be abstaining on this item because San Manuel is a business client. 11 04/05/2010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of April 19, 2010. The motion carried with McCammack abstaining. 27. An Ordinance of the City of San Bernardino amending the definition of "Roll-off Bin" contained in Section 8.24.060(W), of Chapter 8.24 of the San Bernardino Municipal Code. FIRST READING (Continued from March 15, 2010) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of April 19, 2010. The motion carried unanimously. 28. RES. 2010-67 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to an agreement and increase to an annual purchase order in the amount of $30,000 with "Y" Tires of Los Angeles. (Continued from March 15, 2010) Council Member/Commission Shorett asked why they were going with a vendor from Los Angeles. Randy Kuettle, Acting Director of Public Services, stated that no local vendors are authorized to sell tires using government pricing-they have to qualify with the State. Council Member/Commissioner McCammack asked Mr. Kuettle to encourage local vendors to try to get qualified. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-67 was adopted unanimously. 29. RES. 2010-68 - A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement and increase to an annual purchase order in the amount of $17,000 pursuant to Section 3.04.010-B3 of the Municipal Code with three single year renewal options to, Tec of California for the purchase of specific equipment parts and supplies for the Public Services refuse fleet utilized by the Public Services Department Fleet Division. (Continued from March 15, 2010) Council Member/Commissioner McCammack asked staff to look into purchasing the parts from the local GMC repair facility. 12 04/05/2010 Randy Kuettle, Acting Director of Public Services, stated that he did not know whether GM had the ability to do that unless they were part of the dealership program, but he indicated that he would look into it. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-68 was adopted unanimously. 30. Request from the San Bernardino Historical and Pioneer Society that the Santa Fe Clock located in the Council Chambers be loaned to the Society for display in the San Bernardino History and Railroad Museum Public Comments: Steven Shaw, President of the San Bernardino Historical and Pioneer Society, San Bernardino, CA; Allen Bone, Redlands, CA; Tom Marek, Moreno Valley, CA. Council Member/Commissioner Kelley recommended that if the Council decides to loan the clock, perhaps they could get a Bicentennial clock to hang in its place until such time as the Santa Fe clock is returned. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the loan request from the Historical and Pioneer Society for the Santa Fe Historical Clock to be displayed in the San Bernardino History and Railroad Museum be approved; that staff be directed to develop and negotiate a loan agreement, which will include a term; and that the City Manager be authorized to execute the loan agreement. The motion carried unanimously. 31. Municipal Code Section 2.01.010 Mayor Pro-Tempore - Election of Mayor Pro-Tempore (Continued from March 15, 2010) Note: Agenda Item Nos. 31 and 32 were discussed simultaneously. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Desjardins, that the Common Council elect Council Member McCammack to serve as Mayor Pro-Tempore until March 21, 2011. The vote was taken following further discussion. Council Member/Commissioner McCammack submitted and read into the record an e-mail addressed to Council Member/Commissioner Kelley, regarding Mayor Pro Tern, dated April 4, 2010. 13 04/05/2010 Council Member/Commissioner Brinker submitted into the record and discussed a document titled, "Mayor Pro tern ordinances." Public Comments: Robert Jenkins, San Bernardino, CA; Jay Lindberg, San Bernardino, CA. The original motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Desjardins, that the Common Council elect Council Member McCammack to serve as Mayor Pro-Tempore until March 21, 2011, failed, with Marquez, Brinker, Shorett and Johnson voting "no." Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, to nominate Council Member Marquez to serve as Mayor Pro-Tempore until March 21,2011. Council Member Marquez declined the nomination. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the Common Council elect Council Member Brinker to serve as Mayor Pro-Tempore until March 21, 2011. The motion carried with Desjardins and Kelley voting "no," and McCammack abstaining. 32. Ordinance of the City of San Bernardino amending Title 2, "Administration and Personnel," of the San Bernardino Municipal Code by amending Chapter 2.01 "Mayor Pro-Tempore" to create a rotating assigmnentj to create the "Ad Hoc Council Committee for Council Committee Assignments"; and, to substitute the "Ad Hoc Council Committee for Council Committee Assignments" for the senior Council Member. FIRST READING Note: Agenda Item Nos. 31 and 32 were discussed simultaneously. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said ordinance be laid over for final adoption. The motion failed with Marquez, Brinker, Shorett and Johnson voting "no." 33. 2010 National League of Cities Congressional City Conference Note: No staff reports were distributed. Council Members/Commissioners Kelley and Desjardins presented brief oral reports to the Mayor and Common Council. 14 04/05/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the reports be received and filed. The motion carried unanimously. 34. Ordinance of the City of San Bernardino amending City of San Bernardino Municipal Code Title 2, Chapters 2.14 and 2.15. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for final adoption; and that staff be directed to make any additional corresponding changes to the City of San Bernardino Municipal Code. The motion carried unanimously. 35. Report to the Mayor and Common Council of the City of San Bernardino on the analysis of violence, alcohol outlets, and sales of single serve containers of alcohol in San Bernardino, 2007-2009 Amelia Sanchez-Lopez, San Bernardino County Department of Public Health, gave a PowerPoint presentation summarizing results of a survey conducted by the Alcohol and Drug Abuse Prevention Program to determine the availability of alcohol in the City. They looked at how many off-sale establishments there are in the City, where they are located, what type of license they have, and whether or not they are in compliance with specific ABC requirements. Dr. Robert Nash Parker, Director of the Presley Center for Crime and Justice Studies at the University of California, Riverside, discussed his report entitled, Report on Analysis of Violence, Alcohol Outlets, and Sales of Single Serve Containers of Alcohol in San Bernardino, 2007-2009, Robert Nash Parker and Kevin McCaffree, Presley Center for Crime and Justice Studies, Department of Sociology, University of California, Riverside. Dr. Parker gave a Power Point presentation entitled, The Impact of Retail Practices on Violence: The Case of Single Serve Alcohol Beverage Containers, Robert Nash Parker and Kevin McCaffree, University of California. Daniel Skyles, Institute for Public Strategies, described the "Deemed Approved Ordinance" option, which sets a number of responsible business practices that alcohol outlet retailers must follow to be in compliance with the law; and it changes the status of all the existing, non-conforming (grandfathered) outlets to "deemed approved," as long as the practices are followed and they remain in compliance. If they are found not to be in compliance with the standards included in the "Deemed Approved Ordinance," they could be required to meet new conditions. He stated that data from the Office of Juvenile Justice and Delinquency Prevention has shown that the elements in the "Deemed Approved 15 04/05/2010 Ordinance" have been effective in combating violent crime as well as underage drinking. Senior Assistant City Attorney Wilson advised that the City Attorney's office is ready to prepare a "Deemed Approved Ordinance" for the Council's consideration within the next 30 days. Discussion ensued regarding enforcement. Public Comments: . Adriene M. Robinson, Clinical Social Worker with Young Visionaries, San Bernardino, CA; . Jay Lindberg, San Bernardino, CA; . Rodolfo Pinon, Executive Director, Casa de San Bernardino, San Bernardino, CA; . John Valdivia, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the report be received and filed; and that the matter be referred to the Legislative Review Committee for further processing. The motion carried unanimously. COMMUNITY DEVELOPMENT COMMISSION Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; Deputy City Clerk Ochiqui. Absent: None. R36. 5th Street and Meridian Avenue Project ("Project") update of project activities Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the Community Development Commission of the City of San Bernardino receive and file the annual update of the 5th Street and Meridian A venue Project for the Redevelopment Agency of the City of San Bernardino. The motion carried unanimously. 16 04/05/2010 R37. Neighborhood Stabilization Program ("NSP") Quarterly Report Public Comments: Jay Lindberg, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the Community Development Commission of the City of San Bernardino receive and file the quarterly report of the Neighborhood Stabilization Program ("NSP") for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack abstaining. R38. Pacific Heritage, Inc. - Amendment No.1 to the Agreement for Professional Design and Construction Management Services (IVDA Redevelopment Project Area) RES. CDC/2010-14 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the Agreement by and between the Agency and Pacific Heritage, Inc., for Professional Design and Construction Management Services (IVDA Redevelopment Project Area). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. CDC/2010-14 was adopted unanimously. R39. Vanir Construction Management, Inc. - Amendment No.1 to the Agreement for Professional Services for Engineering, Design and Construction Management Services at the California Theatre of the Performing Arts (Central City North Redevelopment Project Area) RES. CDC/2010-15 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (" Agency") to execute Amendment No. 1 to the Agreement for Professional Services by and between the Agency and Vanir Construction Management, Inc., for Engineering, Design and Construction Management Services for a cable raceway and ceiling medallion at the California Theatre of the Performing Arts (Central City North Redevelopment Project Area). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Desjardins, that said resolution be adopted. Resolution No. CDC/2010-15 was adopted unanimously. 17 04/05/2010 ",- R40. Westbound Communications - Agreement for Professional Services for the preparation of an economic development and branding campaign for the Downtown Core Vision and Action Plan Area and the Economic Development Agency revitalization efforts Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Agreement for Professional Services by and between the Agency and Westbound Communications, for the preparation of an economic development and branding campaign for the Downtown Core Vision and Action Plan Area in furtherance of the Economic Development Agency revitalization efforts. Staff requested a two-week continuance. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of April 19, 2010. The motion carried unanimously. R41. The Fransen Company - Agreement for Professional Services for commercial/retail and marketing/siting advisory services for the Downtown Core Vision and Action Plan Area and Business Retention/Expansion/ Attraction and Job Creation Program Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Agreement for Professional Services by and between the Agency and The Fransen Company, for commercial/retail and marketing/siting advisory services for the Downtown Core Vision and Action Plan Area and Business Retention/Expansion/Attraction and Job Creation Program. Staff requested a two-week continuance. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of April 19, 2010. The motion carried unanimously. R42. Virginia Marquez - Property purchase and improvement completion on the property located at 168 and 170 East 3'. Street, Unit #11 (Central City East Redevelopment Project Area) 18 04/05/2010 RES. CDC/2010-16 - Resolution of the Community Development Commission of the City of San Bernardino certifying that all improvements have been completed on the property located at 168 and 170 East 3'. Street, Unit #11, San Bernardino, California, in the Central City East Redevelopment Project Area pursuant to Health and Safety Code Section 33130.5. Council Member/Commissioner Marquez stated that she would be abstaining on this item. She left the Council Chambers, and returned after the vote was taken. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2010-16 was adopted with Marquez abstaining. R43. Approval of funding pursuant to the formation of the Auto Center Property and Business Improvement District ("PBID") (Southeast Industrial Park and IVDA Redevelopment Project Areas) RES. CDC/2010-17 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing funding equal to $1,218,372 pursuant to the formation of the Auto Center Property and Business Improvement District ("District") and funding the operations and activities of the District (Southeast Industrial Park and IVDA Redevelopment Project Areas) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2010-17 was adopted with McCammack abstaining. R44. Maya San Bernardino Cinemas, LLC - Amended and Restated 2008 Disposition and Development Agreement (Central City North Redevelopment Project Area) Public Comments: Moctesuma Esparza, Maya Cinemas North America, Inc., Los Angeles, CA. RES. CDC/2010-18 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Amended and Restated 2008 Disposition and Development Agreement by and between the Agency and Maya San Bernardino Cinemas, LLC (Central City North Redevelopment Project Area). 19 04/05/2010 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2010-18 was adopted with Kelley voting "no." 45. Public Comments Paul Sanborn, San Bernardino, CA, requested that the City repair the Santa Fe whistle and the public clock; fill all the potholes and paint circles around them with fluorescent paint so they are more visible at night; hire live people to answer the phones at City Hall; dedicate a special phone number in Development Services for contractors only; and, he announced that the 31 Flavors ice cream parlor on Highland Avenue has been in business for 54 years and is the second oldest in the World. Jay Lindberg, San Bernardino, CA, spoke regarding the high number of foreclosures in the City of San Bernardino; integrating the City library system into the County library system; regional policing; and solar power and renewable energy systems. Debbi Matley, San Bernardino, CA, secretary of the Neighborhood Cluster Association of San Bernardino, stated that anyone interested in learning more about the Neighborhood Cluster Association was welcome to attend an informational meeting on Saturday, April 17, 2010, at 8:30 a.m., at the Native Sons of the Golden West, Arrowhead Parlor, located at Del Rosa and Date Avenues. 46. Adjournment At 8:13 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for I :30 p.m., Monday, April 19, 2010. RACHEL G. CLARK City Clerk By c4;uJ LL -JAJJn.t AJ~ ./ Linda Sutherland Deputy City Clerk 20 04/05/2010