Loading...
HomeMy WebLinkAbout08-02-2010 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 Wendy McCammack MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 2, 2010 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission and Joint Powers Financing Authority of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:39 p.m., Monday, August 2, 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; City Attorney Penman; City Manager McNeely; City Clerk Clark. Council Members/Commissioners Desjardins and McCammack. Absent: Council Member/Commissioner McCarnmack arrived at 1:42 p.m. Council Member/Commissioner Desjardins arrived at 1:44 p.m. I. 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. 08/02/2010 Burrtec Waste Industries v. City of San Bernardino 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) County of San Bernardino v. City of San Bernardino, et al. C. Conference with legal counsel - anticipated litigation - ImtIatIon of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Fire Management Fire Safety General Management/Confidential Mid-Management Police Management Police Safety G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Update of property negotiations regarding the Cinema Star Theatre. City Attorney Penman announced that Burrtec Waste Industries v. City of San Bernardino should have been listed under Agenda Item No. IB, anticipated litigation, not under Agenda Item No. lA, existing litigation. 2 08/0212010 Closed Session Announcement City Clerk Clark announced that during closed session in the matter of Burrtec Waste Industries v. City of San Bernardino the following action was taken: Council Member Kelley made a motion, seconded by Council Member Shorett, and unanimously carried, to approve a settlement agreement for $35,000. 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, Community Development Commission, and Joint Powers Financing Authority. Invocation/Pledge of Allegiance The invocation was given by Pastor Joel Alvarado of The Rock Church. The pledge of allegiance was led by Ashley Hart and Kenia Gomez, fifth grade students at Wilson Elementary School. 2. Appointments Jane Sneddon - Human Relations Commission - Council Member Shorett Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the appointment of Jane Sneddon, as requested by Council Member Shorett, be approved. The motion carried unanimously. 3. Presentations Chief of Police Kilmer, Assistant Chief Garcia, and Officer John Wakefield provided information on the Police Cadet Program and introduced the newest members of the program. 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 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 unanimously. 3 08/02/2010 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: June 7, 2010; June 23,2010, July 19, 2010. The motion carried unanimously. 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 July 28, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Johnson stated that he would like to see the EDA personnel items sent back to the RDA Committee so he would have a better understanding of the reorganization and personnel appointInents. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Brinker, to approve the City appointments only. The motion carried unanimously. Council Member/Commissioner Marquez requested that an organizational chart that includes these new positions, as well as job descriptions for each position, be provided at the RDA Committee meeting. Council Member/Commissioner McCammack also requested copies of these documents. It was noted that one of the appointments was currently working in another City department and had already submitted her resignation. There was a question as to how the continuance of the matter might affect this individual. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Kelley, to approve EDA Personnel Action #2, but that all other EDA items be referred to the RDA Committee and brought back to the Council/Commission meeting of August 16, 2010. 9. RES. 2010-251 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing certain fees for services provided by the City Attorney's Office and amending Resolution No. 2009-122. 4 08/02/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-251 was adopted unanimously. 9A. Request from City Attorney's Office to authorize issuance of a subpoena to the custodian of records of Verizon Wireless for records related to collection of the City of San Bernardino Communication User's Tax. City Attorney Penman advised that the recommended motion should be that the Mayor and Council issue said subpoena-not the City Attorney's office. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the Mayor and Common Council issue said subpoena. The motion carried unanimously. 10. RES. 2010-252 - Resolution of the Mayor and Common Council adopting operational guidelines which include a Code of Conduct for the Mayor and Common Council, agenda guidelines and Council committee guidelines. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-252 was adopted unanimously. Subsequently, a speaker slip was found regarding this item. Council Member/Commissioner Brinker made a motion, Member/Commissioner McCammack, that Agenda reconsidered. The motion carried unanimously. seconded by Council Item No. 10 be Public Comments Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-252 was adopted unanimously. II. RES. 2010-261 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the San Bernardino Symphony for financial assistance from the 2010/2011 Civic and Promotion Fund for the Music in the Schools Program. Council Member/Commissioner Brinker stated that he would abstain because his wife is a symphony board member; and Council Member/Commissioner McCammack stated that she would abstain because the school district is a business client. 5 08/02/2010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2010-261 was adopted with Brinker and McCammack abstaining. 12. ORD. MC-1330 - An Ordinance of the Mayor and Common Council of the City of San Bernardino, California adding Chapter 2.73 to the San Bernardino Municipal Code regarding collection of debts. FINAL READING (Continued from July 19, 2010.) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said ordinance be adopted. Ordinance No. MC-1330 was adopted unanimously. 13. RES. 2010-253 - Resolution of the Mayor and Common Council approving and adopting the City of San Bernardino's fmal budget documents for Fiscal Year 2010-2011; and establishing the City's Appropriation Limit as required by Article XIII B of the California State Constitution. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-253 was adopted unanimously. 14. RES. 2010-254 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing extension of Side Letter/Resolution for the General Bargaining Unit. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-254 was adopted unanimously. 15. RES. 2010-262 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute extension offer - year 3 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 and summer lunch program for FY 2010/11. Council Member/Commissioner McCarnmack stated she would abstain because the school district is a business client. She left the Council Chambers and returned after the vote was taken. City Attorney Penman declared a conflict because his wife is a member of the school board. He stated that the resolution had been reviewed and signed by Special Counsel Sabo. 6 08/0212010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-262 was adopted with McCammack abstaining. 16. RES. 2010-255 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Standard Facility Lease Agreement with the County of San Bernardino to create and operate a Family Resource Center at Nicholson Community Center. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2010/2011 Parks and Recreation budget as outlined in the staff report dated July 19, 2010, from Kevin Hawkins, Director of Parks, Recreation & Community Services. The motion carried and Resolution No. 2010-255 was adopted unanimously. 17. RES. 2010-256 - Resolution of the Mayor and Common Council authorizing the City Manager to execute an Agreement for CID staff and program funding between the City of San Bernardino and the Friends of the CID for the personnel costs for the full-time recreational therapist position, and eleven part-time positions in support of activities at the Center for Individual Development. City Attorney Penman declared a conflict because he is on the CID board. He advised that the resolution had been reviewed and signed by Special Counsel Sabo. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-256 was adopted unanimously. 18. RES. 2010-257 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submission of the grant for the Fiscal Year 2010 Congressional Appropriations Act Funds for the Operation Phoenix Neighborhood Initiative and authorize the City Manager to accept the grant award. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-257 was adopted unanimously. Subsequently, a speaker slip was found regarding this item. 7 08/02/2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that Agenda Item No. 18 be reconsidered. The motion carried unanimously. Public Comments Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-257 was adopted unanimously. 19. RES. 2010-258 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Non-Disclosure Agreements (NDA) between the City of San Bernardino Police Department and AT&T, Inc. to provide Wireless Enhanced 9-1-1 service. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-258 was adopted unanimously. 20. RES. 2010-259 - 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 $1,500,000 with two (2) one-year extensions at the City's option between the City of San Bernardino and Poma Distributing Company pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of gasoline and diesel fuel in participation with a contract between Poma Distributing Company and the County of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-259 was adopted unanimously. 21. RES. 2010-260 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and issuance of a purchase order to Bryan A. Stirrat & Associates for operations, maintenance, and monitoring of the landfill gas extraction and treatment system for Waterman Landfill. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-260 was adopted unanimously. 8 08/02/2010 22. RES. 2010-265 - Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and Western Regional Little League Baseball, Inc., for financial assistance from the 2010/2011 Civic and Promotion Fund. Public Comments Jim Smith, San Bernardino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2010-265 was adopted unanimously. 23. Adopt resolutions to reduce certain Development Impact Fees and City processing fees and to expand the Development Impact Fee deferral program and repeal Resolution Nos. 2010-246, 2010-247, and 2010-248. RES. 2010-266 - Resolution of the Mayor and Common Council of the City of San Bernardino relating to the temporary reduction of certain Development Impact Fees established by Resolution No. 2006-97 and repealing Resolution No. 2010-246. (23A) RES. 2010-267 - Resolution of the Mayor and Common Council of the City of San Bernardino relating to the deferral of certain Development Impact Fees established by Resolution No. 2006-97 and repealing Resolution No. 2010-247. (23B) RES. 2010-268 - Resolution of the Mayor and Common Council of the City of San Bernardino relating to the temporary reduction of certain development fees for services established by Resolution No. 2009-122 and repealing Resolution No. 2010-248. (23C) Public Comments Warner Hodgdon, San Bernardino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolutions A-C, be adopted. Resolution Nos. 2010-266, 2010-267, and 2010-268 were adopted unanimously. 24. Public Hearing - Resolution ordering the vacation of a portion of Pico A venue between 11th Street and Base Line Street (new Alessandro II Elementary School) 9 08/02/2010 RES. 2010-269 - Resolution of the City of San Bernardino ordering the vacation of a portion of Pico A venue between 11th Street and Base Line Street and reserving utility easements therein. City Attorney Penman declared a conflict because this request had come from the school district and his wife is a member of the school board. Council Member/Commissioner McCammack stated she would abstain because the school district is a business client. They left the Council Chambers and returned after the vote was taken. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; that the Findings of Fact, as set forth in the staff report from the City Engineer, as to why the portion of Pico A venue between 11th Street and Base Line Street is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2010-269 was adopted with Desjardins absent and McCammack abstaining. 25. Public Hearing - Resolution ordering the vacation of a portion of Turrill Avenue between 14th Street and 16th Street, and a portion of Maguolia Avenue between Mt. Vernon Avenue and Garner Avenue (new Roosevelt II Elementary School) RES. 2010-270 - Resolution of the City of San Bernardino ordering the 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 and reserving utility easements therein. City Attorney Penman declared a conflict because this request had come from the school district and his wife is a member of the school board. Council Member/Commissioner McCammack stated she would abstain because the school district is a business client. They left the Council Chambers and returned after the vote was taken. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; that the Findings of Fact, as set forth in the staff report from the City Engineer, as to why the 10 08/02/2010 portion of Turrill Avenue between 14th Street and 16th Street, and a portion of Magnolia A venue between Mt. Vernon A venue and Garner A venue are no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2010-270 was adopted with Desjardins absent and McCammack abstaining. 26. Resolutions and Urgency Ordinance to place a Y2-Cent Local Transactions and Use Tax Measure on the November 2010 ballot and to provide a public education effort A Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Election to be held on Tuesday, November 2, 2010; requesting that the County Board of Supervisors allow the election to be consolidated with the Statewide General Election of that same date; and requesting services of the County Registrar of Voters for the conduct of the election and for the processing of the City's proposed measures. (26A) A Resolution of the Mayor and Common Council of the City of San Bernardino placing a General Transactions and Use Tax question on the ballot for the November 2, 2010 Special Election. (26B) Resolution of the Mayor and Common Council authorizing the execution of a Consultant Services Agreement with the Lew Edwards Group to provide public information service related to the 2010 Local Transactions and Use Tax ballot measure. (26C) An Urgency Ordinance of the City of San Bernardino imposing a General Transactions and Use Tax to be administered by the State Board of Equalization pursuant to Revenue and Taxation Code Sections 7251 et seq., subject to voter approval and providing for sunset of the tax and the creation of a Citizens' Oversight Committee, and declaring the urgency thereof. URGENCY (26D) Council Member/Commissioner Shorett stated that he did not believe that increased taxes was the way to go to solve the current budget problems. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. (Note: The motion was withdrawn to allow for discussion.) Council Member/Commissioner McCarnmack read a statement into the record regarding the budget, taxes, and other matters surrounding the issue. She stated that it has been said that the budget gap is $24 million; however, she has calculated various reductions to the budget that would result in the shortfall 11 08/0212010 being closer to $6 million. She advocated for cutting nonessentials before considering layoffs. The following individuals spoke in opposition to the proposed tax measure: Robert Jenkins, San Bernardino, CA. John Lee, San Bernardino, CA. Paul Sanborn, San Bernardino, CA. Joe Ortiz, San Bernardino, CA. Harry Swayne, San Bernardino, CA. Shirley Harlan, San Bernardino, CA. Gary Ellis, San Bernardino, CA. Robert Gastel, San Bernardino, CA. Linda Pederson, San Bernardino, CA, stated she would like to see the voters be able to speak at the ballot box. Warner Hodgdon, San Bernardino, CA, stated that the Council should be discussing more important matters, adhering to the Charter, and working together. Mayor/Chairman Morris stated that it was clear that there is not a consensus around the right mix of cost cutting and additional revenues. He stated that solutions require openness and a sense of commonality, and it is clear they need additional time. He suggested that they ask the city manager to come back with some additional information on how to address this deficit, stressing that time is of the essence. During discussion it was noted that the City has been told more than once that its numbers are too rosy, yet it is already in trouble struggling to meet the needs of the City-and it is now time to be realistic about the numbers and the future. Some felt that lower taxes would be the best way to stimulate the economy. It was noted that in healthy cities public safety accounts for 55 percent of the budget-in our City it amounts to 72 percent. It was stated that there is no easy fix and there are few alternatives available to solve the problem. Ms. McCarnmack stated that there are enough cuts in the" 15 percent reduction plan" (brought forward during the budget workshops) to fill the gap, but the votes are just not there for approval. She stated that she wanted to make sure that whatever cuts are made will leave the community healthy-both financially and in terms of safety. She asked the constituents to let the Council know what cuts they want made and can live with, and conversely, to please let them know the cuts they cannot tolerate. 12 08/02/2010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. The motion carried unanimously. 27. Resolutions of the Mayor and Common Council to place a Charter Amendment to (1) make the City Attorney, City Clerk, and City Treasurer appointed positions; (2) allow for greater flexibility in the employment of additional legal services; and, (3) add professional qualification requirements for the positions of City Clerk and City Treasurer on the November 2010 ballot for voter approval. RES. 2010-263 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, ordering the submission of a proposed amendment to the City Charter to the electors of said City at a Special Municipal Election to be held in said City on November 2,2010. (27A) RES. 2010-264 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, requesting the Board of Supervisors of the County of San Bernardino to consolidate a Special Municipal Election to be held on Tuesday November 2, 2010, with the Statewide General Election pursuant to Section 10403 of the Elections Code for the submission of a proposed Charter Amendment and requesting services of the San Bernardino County Registrar of Voters for the conduct of the election and for the processing of the City's proposed measures. (27B) City Attorney Penman declared a conflict, stating that he would not be giving any legal advice. However, as the City Attorney, he reserved the right to make some comments as an elected official. He stated that the city manager had hired Best Best & Krieger to provide legal advice on this matter to the Council. He left the dais and was replaced by Attorney Piero Dallarda of Best Best & Krieger LLP. Council Member/Commissioner McCammack stated that throughout the document it states the effective date shall be "by" a certain date as opposed to "on" a certain date. She stated that her preference for the effective date would be the date that all three terms officially end, or March 5, 2012; however, if that is not possible she would ask her colleagues to change the effective date wording from "by March 1, 2011" to "on March 1, 2011." Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Kelley, to change the effective date to the date the City Attorney's, City Clerk's, and City Treasurer's terms officially end, which is March 5, 2012. The motion failed with Marquez, Brinker, Shorett, and Johnson voting "no." 13 08/02/2010 Council Member/Commissioner Brinker noted that several speakers had commented and The Sun had written that the city attorney position would be appointed by the mayor; however, that was not what he had read in Exhibit A, and he asked for clarification of Exhibit A, Section 2, which states, "The City Attorney shall be appointed by and may be removed by the affirmative votes of at least a majority of the total membership of the Common Council with the consent of the Mayor." Attorney Dallarda explained that it meant a majority of the Council can decide to either retain or dismiss any of these three elected officials that will be subject now to appointInent, as opposed to election, if that is the wish of the people, and at that point the mayor would have to consent to either the appointInent or the removal of these three elected officials. Ms. McCammack stated that this would violate other sections of the Charter; however, Mr. Dallarda stated that this amendment would stand alone-this is just basically what would happen for these three elected officials if their positions should be changed to appointed rather than elected. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Kelley, that the effective date verbiage be changed from "by March 1, 2011" to "on March I, 2011." The motion carried with Marquez, Brinker, and Shorett voting "no." The following individuals spoke in opposition to adoption of the resolutions which would place this matter on the ballot: Joe Ortiz, San Bernardino, CA. Robert Jenkins, San Bernardino, CA. Paul Sanborn, San Bernardino, CA. Shirley Harlan, San Bernardino, CA. Chelsea McCammack, San Bernardino, CA. The following iudividuals spoke iu support of adoption of the resolutions which would place this matter on the ballot: Cheryl Brown, San Bernardino, CA. Pastor Ray Turner, San Bernardino, CA. Jim Smith, San Bernardino, CA. Warner Hodgdon, San Bernardino, CA, stated the Council should be discussing more important matters, working together and getting along. 14 08/02/2010 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolutions A and B, be adopted. (Note: The vote was taken following discussion.) Discussion ensued regarding the inclusion of the amendment to allow for greater flexibility in the employment of additional legal services; the fact that San Bernardino is unique in the state of California where only 12 of 480 municipalities have an elected city attorney, but that unique is not always good; and the assertion that the real issue driving this matter is personalities. Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner McCarnmack, that all four citywide elected positions be included in the Charter amendment in order to modernize the City Charter and make the City of San Bernardino a city manager/council form of government. Attorney Dallarda stated that he had one concern and the Council might want to consult with their City Attorney, but he felt the motion could possibly violate the Brown Act because inclusion of the fourth position was not properly placed on the agenda. City Attorney Penman, speaking from the public podium, stated that he agreed with the position taken by Attorney Dallarda. Mayor/Chairman Morris declared the motion out of order. The motion made by Council Member/Commissioner Brinker, seconded by Council Member/Commissioner Shorett, that said resolutions A and B, be adopted carried with Desjardins, Kelley, and McCammack voting "no." COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Member/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo; City Clerk Clark. R28. Single-Family Residential Revitalization Program Recommended Candidates Single-Family Rehabilitation Loan, Single-Family Beautification Grant, Homebuyer Education Program, Mobile Home Grant and Elderly/Special Needs Minor Repair Grant. (Continued from June 19, 2010.) 15 08/02/2010 RES. CDC/2010-43 - 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 Agreements by and between the Agency and Neighborhood Housing Services of the Inland Empire ("NHSIE") for the administration of a) the Single-Family Beautification Grant Program, b) the Single-Family Rehabilitation Loan Program and c) the Homebuyer Education Services, subject to annual funding availability. (R28A) RES. CDC/2010-44 - 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 Agreements by and between the Agency and Inland Housing Development Corporation ("IHDC") for the administration of a) the Single-Family Beautification Grant Program and b) the Single-Family Rehabilitation Loan Program, subject to annual funding availability. (R28B) RES. CDC/2010-45 - 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 Agreements by and between the Agency and The Oldtimers Foundation for the administration of a) the Mobile Home Grant Program and b) the Elderly/Special Needs Minor Repair Grant Program, subject to annual funding availability. (R28C) Council Member/Commissioner McCarnmack abstained because NHSIE has been a business client. 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 resolutions A-C, be adopted. Resolution Nos. CDC/2010-43, CDC/2010-44, and CDC/2010-45 were adopted with McCammack abstaining. R29. Approve the financing of projects designated by the City within the City's Economic Recovery Zone aud declare intention to issue Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds for the projects designated 16 08/02/2010 RES. 2010-271 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the fmancing of the projects desiguated by the City of San Bernardino within the City's Economic Recovery Zone and declaring its intention pursuant to Treasury Regulation 1.150-2 to use funds for said projects which shall be reimbursed with Bond Proceeds. (R29A) RES. J-55 - Resolution of the San Bernardino Joint Powers Financing Authority declaring its intention to issue Recovery Zone Economic Development Bonds and Recovery Zone Facility Bonds for the projects desiguated by the City of San Bernardino within the City of San Bernardino Recovery Zone. (R29B) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the Mayor and Common Council and the Joint Powers Financing Authority adopt said resolutions A and B. Mayor and Common Council Resolution No. 2010-271 and San Bernardino Joint Powers Financing Authority Resolution No. J-55 were adopted unanimously. R30. Business Operations and Covenant Agreement by and between the City of San Bernardino and Kohl's Department Stores, Inc., a Delaware corporation (lVDA Redevelopment Project Area) RES. 2010-272 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the execution of a Business Operations and Covenant Agreement by and between the City of San Bernardino and Kohl's Department Stores, Inc., for the operation of an Internet Sales Office within the City of San Bernardino. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCamrnack, that said resolution be adopted. Resolution No. 2010-272 was adopted unanimously. R31. California Housing Foundation funding (Continued from July 19,2010.) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/ Commission meeting of August 16, 2010. The motion carried unanimously. 17 08/02/2010 32. Public Comments Angelique Williams of TELACU Residential Management, Los Angeles, CA, spoke regarding their new senior project located at 708 West 4th Street, which is currently accepting applications. Joe Ortiz, San Bernardino, CA, spoke regarding what he perceives as the bias demonstrated by The Sun newspaper in their editorials and articles. Ledona Williams, Friendly Village Mobile Home Park aka Santiago Hillside Estates, San Bernardino, CA, asked the Council to formally investigate how Ordinance No. MC-726 has been adhered to over the past 10 years-especially how rent control is being handled, not only in Friendly Village, but also in Pacific Palms, GlenAire and Orangwood. She asked that Santiago (managers of these parks) be required to give immediate disclosure relative to this ordinance-that people have the right to be under rent control. She asked that they investigate the rent increase being proposed by Santiago, which could result in many of the residents losing their homes. Mayor Morris directed her to speak with Assistant City Manager Debra Kurita. Deb Bunger, Hillside Estates, San Bernardino, CA, stated that she had to ask for a copy of Ordinance No. MC-726, and noted that it is not provided in Spanish. She stated there are many safety issues/violations within the parks. Charlene Theriault, San Bernardino, CA, spoke regarding animal cruelty- specifically dog chaining-and laws regarding the matter. Karen Serrano of Congressman Joe Baca's office reported on the Appropriations Bill for 2011, which will bring approximately $53 million of federal monies through the Inland Empire. She stated that of the eleven projects coming to the district, three will go to the City of San Bernardino including $42,630,000 for sbX, $1 million for the City of San Bernardino Municipal Water Department San Bernardino Basin Recycled Water, and $500,000 for the San Bernardino IntermodaI Transit Center. 18 08/02/2010 33. Adjournment At 8:44 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, August 16, 2010. RACHEL G. CLARK City Clerk By: ~H!;e~ Deputy City Clerk 19 08/02/2010