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HomeMy WebLinkAbout06-21-2010 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 Chas Kelley Rikke Van Johnson Wemry McCammack MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 21,2010 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 1:34 p.m., Monday, June 21, 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; Senior Assistant City Attorney Wilson; City Manager McNeely; City Clerk Clark. Absent: Council Members/Commissioners Desjardins and McCammack. Council Member/Commissioner Desjardins arrived at 1:50 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Susan Hulse v. LAFCO & City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVDS 1002077; 06/21/2010 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) 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: ~id-~anagement General ~anagement/Confidential Fire Safety Fire ~anagement Police ~anagement Police G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Senior Assistant City Attorney Wilson announced that the following additional item would be discussed under Agenda Item IB, significant exposure to litigation: Disability claim of ~ichael Billdt. 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 ~ayor and Common Council and Community Development Commission. 2 06/21/2010 Moment of Silence A moment of silence was observed in memory of Dr. Randall Kersten, Anastacio Cruz, Irmi Blum, Craig Jure, Amarion Adams, and members of the family destroyed by gunfire this past weekend. Invocation/Pledge of Allegiance The invocation was given by Reverend David Starr of S1. John's Episcopal Church. The pledge of allegiance was led by Dijerra Torrence, a fifth grade student from Roosevelt Elementary School. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Department Years of Service Larry Martin Darren Hall Tiffany Emon Tamara Mayo Robert Snyder Information Technology Development Services Police Police Police 20 5 5 5 10 Council Member Kelley presented a Resolution of Commendation to Dr. Kimberly Nicole Jackson, daughter of Cheryl Weeks, Administrative Supervisor in the City Council Office, who recently received her medical degree from Ohio State University. Council Member Johnson presented the Citizen of the Month Award to longtime community volunteer Robert Hampton. Beverly Powell of the Southern California Edison Public Affairs Division, provided information on ways to conserve energy and Edison's discount program, which is available to customers. She distributed a document titled, "Southern California Edison 2010 State of the Utility" to the elected officials and city manager. Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, spoke regarding the San Bernardino's Got Talent show held on June 19 at the Sturges Auditorium, announced the July Extravaganza to be held July 4 at 5 p.m. at the 3 06/21/2010 Arrowhead Credit Union Stadium, and encouraged people to buy a copy of the bicentennial coffee table book covering 1810-2010, which was prepared by The Sun newspaper. Reverend Petra Sternberg spoke regarding the Mural of Faith and what our citizens envision for our city. James Douglas, Principal Consultant with InfraConsult LLC, provided a PowerPoint presentation regarding the Big Bear Modal Alternatives Analysis. 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. Council Member Marquez requested that the matter regarding potential charter changes be placed on the agenda for the June 30,2010, budget meeting. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried with McCammack absent. 6. Council Minutes Council Member/Commissioner Johnson 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 Commission of the City of San Bernardino be approved as submitted in typewritten form: April 22, 2010; April 27, 2010; May 17, 2010, The motion carried with McCammack absent. 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 2, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried with McCammack absent. 4 06/21/2010 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the personnel actions, as submitted by the Chief Examiner, dated June 17, 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 with McCammack absent. 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a renewal agreement between the City of San Bernardino and Progressive Solutions, Inc. for revenue recovery and software license agreement for software and revenue recovery services. Note: No resolution was distributed with the backup materials. Note: Item 9 was originally approved during the vote on the consent calendar; subsequently, Senior Assistant City Attorney Wilson advised the Council that Item 9 needed to be continued to the meeting scheduled for June 23,2010. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission budget meeting scheduled for June 23, 2010. The motion carried with McCammack absent. 10. RES. 2010-140 - Resolution of the Mayor and Common Council authorizing the City Manager to execute an agreement with Junior University of San Bernardino for the use of the Roosevelt Bowl at Perris Hill Park and ratifying any action taken between May 1, 2010 and the date that this resolution is adopted. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-140 was adopted with McCammack absent. II. RES. 2010-141 - Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and fIling of the Annual Statement of Investment Policy for the period July 1, 2010 through June 30, 2011. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-141 was adopted with McCammack absent. 5 06121/2010 12. Resolutions approving the 2010/2011 Assessment Rolls - various Assessment Districts RES. 2010-146 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road Area. (12A) RES. 2010-201 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University Area. (12B) RES. 2010-202 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive Area. (12C) RES. 2010-147 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive Area. (12D) RES. 2010-148 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 959, Zone 1 and Zone 2, Landscaping Maintenance Assessment District, Shandin Hills Area. (12E) RES. 2010-149 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue Area. (12F) RES. 2010-150 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street Area. (12G) RES. 2010-151 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (12H) RES. 2010-152 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto A venue and Eucalyptus A venue Area. (121) 6 06/21/2010 RES. 2010-153 - Resolution of the City of San Bernardino comrrming the 2010/2011 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street Area. (12J) RES. 2010-154 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue Area. (12K) RES. 2010-155 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue Area. (l2L) RES. 2010-156 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive Area. (12M) RES. 2010-157 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto A venue and Macy Street Area. (12N) RES. 2010-158 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street Area. (120) RES. 2010-159 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue Area. (12P) RES. 2010-160 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street Area. (12Q) RES. 2010-161 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut A venue Area. (12R) RES. 2010-162 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street Area. (12S) RES. 2010-163 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "B" Street Area. (12T) 7 06/21/2010 RES. 2010-164 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) Area. (12U) RES. 2010-165 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue Area. (12V) RES. 2010-166 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street Area. (12W) RES. 2010-167 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street Area. (12X) RES. 2010-168 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive Area. (12Y) RES. 2010-169 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (12Z) RES. 2010-170 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive Area. (12AA) RES. 2010-171 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue Area. (12BB) RES. 2010-172 - Resolution of the City of San Bernardino confirming the 2010/2011 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. (12CC) RES. 2010-173 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm A venue and Coulston Street Area. (12DD) 8 06/21/2010 RES. 2010-174 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive Area. (12EE) RES. 2010-175 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street Area. (12FF) RES. 2010-176 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1027, Landscaping Maintenance District, Waterman Avenue and Washington Street Area. (12GG) RES. 2010-177 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1028, Landscaping Maintenance District, Ohio Avenue and Walnut Avenue Area. (12HH) RES. 2010-178 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1029, Landscaping Maintenance District, California Street and 16th Street Area. (1211) RES. 2010-179 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue Area. (12JJ) RES. 2010-180 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1031, Landscaping Maintenance District, Irvington Avenue and Olive Avenue Area. (12KK) RES. 2010-181 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive Area. (12LL) RES. 2010-182 - Resolution of the City of San Bernardino confirming the 2010/2011 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. (12MM) RES. 2010-183 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Palm A venue and Meyers Road Area. (12NN) 9 06/21/2010 RES. 2010-184 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway Area. (1200) RES. 2010-185 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue Area. (12PP) RES. 2010-186 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue Area. (12QQ) RES. 2010-187 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance District, Irvington A venue and Chestnut A venue Area. (12RR) RES. 2010-188 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1040, Landscaping Maintenance District, Acacia Avenue and Hill Drive Area. (12SS) RES. 2010-189 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1041, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue Area. (12TT) RES. 2010-190 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive Area. (12UU) RES. 2010-191 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington Avenue Area. (12VV) RES. 2010-192 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1045, Landscape Maintenance District, located in the Waterman Avenue and Orange Show Road Area. (12WW) 10 06/21/2010 RES. 2010-193 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1046, Landscape Maintenance District, Northpark Boulevard and Northstar A venue Area. (12XX) RES. 2010-194 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1047, Landscape Maintenance District, located in the Ohio Avenue and Pine Avenue Area. (12YY) RES. 2010-195 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1050, Landscape Maintenance District, located in the Pepper A venue and Rialto Avenue Area. (12ZZ) RES. 2010-196 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1052, Landscape Maintenance District, located in the Belmont Avenue and Chestnut Avenue Area. (12AAA) RES. 2010-197 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1057, Landscape Maintenance District, located in the Cajon Boulevard and University Parkway Area. (12BBB) RES. 2010-198 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1059, Landscape Maintenance District, located in the Orange Show Road and Tippecanoe Avenue Area. (12CCC) RES. 2010-199 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1063, Landscape Maintenance District, located in the Central Avenue and Lena Road Area. (12DDD) RES. 2010-200 - Resolution of the City of San Bernardino confirming the 2010/2011 Assessment Roll for Assessment District No. 1064, Landscape Maintenance District, located in the Cajon Boulevard and Glen Helen Parkway Area. (12EEE) 11 06/21/2010 RES. 2010-203 - 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 2010/2011 Tax Roll. (12FFF) Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A-FFF be adopted, except for resolutions B, C, and FFF. The motion carried and Resolution Nos. 2010-146 through 2010-200 were adopted with McCammack absent. Council Member/Commissioner Kelley stated that he would abstain on l2B because he owns property within 500 feet of Assessment District No. 952. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett that said resolution B be adopted. The motion carried and Resolution No. 2010-201 was adopted with Kelley abstaining and McCammack absent. Council Member/Commissioner Johnson stated that he would abstain on l2C because he owns property within 500 feet of Assessment District No. 953 and l2FFF because his wife has a conflict regarding that item. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolutions C and FFF be adopted. The motion carried and Resolution Nos. 2010-202 and 2010-203 were adopted with Johnson abstaining and McCammack absent. 13. RES. 2010-142 - Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to Agreement for Services with Hilltop Geotechnical, Inc. for geotechnical investigations and construction material testing. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-142 was adopted with McCammack absent. 14. RES. 2010-143 - Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to agreement for services with Joseph E. Bonadiman & Associates, Inc. for on-call surveying and map checking support. 12 06121/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-143 was adopted with McCammack absent. 15. Reject all bids for Parking Lot Accessibility Improvements at the Carousel Mall (SS-B), per Project Plan No. 12699 Prior to voting on the Consent Calendar, City Clerk Clark announced that the recommended motion should be to reject all bids, rather than a continuation to July 6,2010, as indicated on the agenda. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the Mayor and Common Council reject all bids. The motion carried with McCammack absent. 16. Reject all bids for Traffic Calming on 41h Street from Flower Street to Tiajuana Street (SS06-03), per Project Plan No. 12677 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the Mayor and Council reject all bids. The motion carried with McCammack absent. 17. RES. 2010-204 - 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 Riverside Construction Company, Inc. for the replacement and upgrade of the cooling tower at the Feldheym Library. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2009/2010 budget by transferring $49,100 from Account No. 001-325-5111 to Account No. 001-325-5507; and that said resolution be adopted. The motion carried and Resolution No. 2010-204 was adopted with McCammack absent. 18. RES. 2010-144 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the issuance of a purchase order to Environmental Systems Research Institute (ESRI) for a three year ARCGIS Enterprise License Agreement. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-144 was adopted with McCammack absent. 13 06/21/2010 19. RES. 2010-145 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the extension of the current purchase order with TigerDirect through Fiscal Year 2010/2011, allocating $35,000 for Fiscal Year 2010/2011 and increasing the current Fiscal Year (2009/2010) allocation by $5,000. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-145 was adopted with McCammack absent. 20. RES. 2010-208 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an on-line grant application for the 2010 Assistance to Firefighters Grant Program (AFGP) submitted to the Department of Homeland Security in the amount of $351,350. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-208 was adopted with McCammack absent. 21. Public Hearing - Resolutions authorizing the execution of Sales and Purchase Agreements and Quitclaim Deeds - Sale of portions of City property generally located on the north side of Kendall Drive, east of "H" Street RES. 2010-209 - Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of a city owned parcel of real property generally located north of Kendall Drive and east of "H" Street, in the City of San Bernardino, to Geoffrey L. Wood and Tammi R. Wood. (21A) RES. 2010-210 - Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of a city owned parcel of real property generally located north of Kendall Drive and east of "H" Street, in the City of San Bernardino, to the Lyndon Allen Farrar Trust, V.A.D. 9-5- 91. (21B) Mayor/Chairman Morris opened the hearing. No public comments were received. 14 06/21/2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolutions A and B, be adopted. The motion carried and Resolution Nos. 2010-209 and 2010-210 were adopted with McCammack absent. 22. Public Hearing - Resolution amending the City of San Bernardino Nondisposal Facility Element (NDFE) to include the Material Recovery Facility (MRF) operated by Inland Empire Environmental (lEE) located at 1150 South Tippecanoe Avenue RES. 2010-211 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing amendment to the City Nondisposal Facility Element (NDFE). Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Shorett 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. 2010-211 was adopted with McCammack absent. 23. Norton Space and Aeronautics Academy - Reimbursement Agreement for waiver/reimbursement of fees (Continued from February 16,2010.) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of July 19, 2010. The motion carried with McCammack absent. 24. RES. 2010-212 - Resolution of the City of San Bernardino authorizing execution of a cooperative agreement with the City of Colton for maintenance of a grade separation on Hunts Lane at the Union Pacific Railroad (SS04-51). (Continued from June 7,2010.) Council Member/Commissioner Brinker stated he would abstain because his primary residence is within 500 feet of the area. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-212 was adopted with Brinker abstaining and McCammack absent. 15 06/21/2010 25. RES. 2010-214 - Resolution of the City of San Bernardino approving Amendment No.1 to the Six-Year Capital Improvement Program (2009- 2015) for Measure "I" Local Expenditures. (Continued from June 7,2010.) NOTE: Both the Mayor and Council Member/Commissioner McCammack reside within 500 feet of Project No. 8805-12, and the City Attorney resides within 500 feet of Project No. 8806-71. Therefore, Project Nos. 8805-12 and 8806-71 are listed separately on Exhibit B, and two votes were taken on this item. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner 8horett, that said resolution be adopted with Exhibit A. The motion carried and Resolution No. 2010-214 with Exhibit A was adopted with McCammack absent. Mayor/Chairman Morris declared a conflict on Exhibit B and left the Council Chambers, returning after the vote was taken. Both City Attorney Penman and Council Member McCammack were absent. Council Member/Commissioner 8horett made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted with Exhibit B. The motion carried and Resolution 2010-214 with Exhibit B was adopted with McCammack absent. 26. ORD. MC-1328 - An ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.026 (Development Code) prohibiting the establishment and operation of medical marijuana dispensaries and other similar uses. FINAL READING (Continued from June 7,2010.) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1328 was adopted with McCammack absent. 27. Resolution of the City of San Bernardino authorizing the execution of an agreement with PMR Progressive LLC to provide collection services of delinquent accounts for the City of San Bernardino. (Continued from June 7, 2010.) Note: No resolution was distributed with the backup materials. 16 06/21/2010 Council Member/Cortnnissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council! Commission meeting of July 6, 2010. The motion carried with McCammack ahsent. 28. Resolution of the City of San Bernardino authorizing the execution of an agreement with Mercer Health and Benefits LLC to provide hroker and administration services for the City's Healthcare Program. (Continued from June 7,2010.) Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council! Commission meeting of July 6, 2010. The motion carried with McCammack absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson; Senior Assistant City Attorney Wilson; Economic Development Agency Deputy Executive Director Gee and Agency Counsel Sabo; City Clerk Clark. Absent: Council Member/Commissioner McCarnmack. R29. RES. CDC/2010-32 - 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 Construction Contract by and between the Agency and Phillips Construction, Inc., for the construction of Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project at various locations citywide (lVDA Redevelopment Project Area). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. CDC/2010-32 was adopted with McCammack absent. R30. Homebuyer Assistance Program ("HAP") Quarterly Report - January 1, 2010 through March 31, 2010 17 06/21/2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that the Community Development Commission of the City of San Bernardino receive and file the Quarterly Report of the Homebuyer Assistance Program activities for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack absent. R31. U.S. Department of Housing and Urban Development Amending and Refmancing of the 1998-HUD Section 108 Loan (Central City North Redevelopment Project Area) RES. 2010-213 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing certain amendments to the 1998 HUD Section 108 loan documents and authorizing the execution of the contract for implementation of the 1998-HUD Section 108 loan refmancing for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as Amended, 42, U.S.C. ~5308 for Series HUD 2010-A Certificates (CDBG Section 108 Contract No. B-96-MC- 06-0539) (Central City North Redevelopment Project Area). (R31A) RES. CDC/2010-33 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing certain amendments to the 1998 HUD Section 108 loan documents and authorize the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (" Agency") to execute the contract and related documents for implementation of the 1998-HUD Section 108 loan refmancing for Loan Guarantee Assistance under Section 108 of the Housing and Community Development Act of 1974, as Amended, 42, U.S.C. ~5308 for Series HUD 2010-A Certificates (CDBG Section 108 Contract No. B-96-MC-06-0539) (Central City North Redevelopment Project Area). (R3IB) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A and B be adopted. Mayor and Common Council Resolution No. 2010-213 and Community Development Commission Resolution No. CDC/2010-33 were adopted with McCammack absent. 32. RES. 2010-206 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the City of San Bernardino and the law firm of Mundell, Odium & Haws in the case of San Bernardino City Professional. Firefighters, Local. 891 v. City of San Bernardino, San Bernardino Fire Department, San Bernardino County Superior Court, Case No. 1007708. 18 06/21/2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-206 was adopted with Kelley voting "no" and McCammack absent. 33. RES. 2010-207 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the City of San Bernardino and the law firm of Mundell, Odium & Haws in the case of San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino, San Bernardino Fire Department, San Bernardino County Superior Court, Case No. 1007709. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-207 was adopted with Kelley voting "no" and McCammack absent. 34. RES. 2010-205 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the City of San Bernardino and the law firm of Lewis, Brisbois, Bisgaard & Smith regarding the claim of Brian Boom. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-205 was adopted with Marquez voting "no" and McCammack absent. 35. Public Comments Dash Lea and Alexandia Phillips of the LaRouche Political Action Committee distributed a handout and stated that to save our nation Congress must put in place the Glass-Steagall standard of separation between the commercial and investment banks. Cheryl Brown, San Bernardino, CA, a member of the Bicentennial Committee, thanked everyone for their support of the San Bernardino's Got Talent event, giving special thanks to Charmaine Murphy, who brought the idea forward. She stated that there is a hunger in the community for those kinds of events/activities that are often found in more up-scale communities. Debbie Matley, San Bernardino, CA, expressed disappointment that the revision of the charter had been tabled at the budget meeting and requested that the matter be reconsidered. 19 06/21/2010 Barbara Babcock, San Bernardino, CA, invited everyone to attend the Inland Conservatory for the Performing Arts presentation of FORHISGLORY to be held at the California Theatre, 562 West 4th Street, at 7 p.m., Saturday, June 26, 2010. 36. Adjournment At 5:02 p.m. the meeting adjourned to 5 p.m., Wednesday, June 23, 2010, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California, to consider the Fiscal Year 2010/11 City and Economic Development Agency budgets. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, July 6, 2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By: RACHEL G. CLARK /J City Clerk ~c.w Linda E. Hartzel Deputy City Clerk 20 06/21/2010