HomeMy WebLinkAbout08-16-2010 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
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 16, 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, August 16, 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; City Attorney Penman;
City Manager McNeely; City Clerk Clark.
Absent:
Council Member/Commissioner Desjardins.
Council Member/Commissioner Desjardins arrived at 1:40 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 & Steve Lowes v. City of San Bernardino, Michael
Billdt, Frank Mankin & Brian Boom - San Bernardino Superior Court,
Case No. CIVSS 708367;
08/16/2010
Steve Lowes v. Michael Billdt & City of San Bernardino - United States
District Court, Case No. EDCV 09-2215 V AP (OPx);
Susan Hulse v. LAFCO & City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVDS 1002077;
City of San Bernardino v. Jesse James Meza - San Bernardino Superior
Court, Case No. CIVDS 1004819.
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)
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:
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:
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Central City North Redevelopment Project Area
1. Property Address:
Negotiating Parties:
Under Negotiation:
CinemaStar Theater
450 North "E" Street
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and the City of San Bernardino, as
owner
Purchase price, terms and conditions;
update of property negotiations regarding
the CinemaStar Theater.
Central City Redevelopment Project Area
2. Property Address:
Negotiating Parties:
Under Negotiation:
San Bernardino Convention Center
301 North "E" Street
(attached to Hotel at 295 North "E" Street)
APNs: 0134-251-51; 0134-311-37 and
0134-251-53
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and the City of San Bernardino, as
owner.
Purchase price, terms and conditions.
City Attorney Penman announced that the following additional matter would be
discussed under Agenda Item No. 1B, anticipated litigation, significant exposure
to litigation:
Tow companies v. City
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Doug Misener of the Living Waters Community
Church. The pledge of allegiance was led by Lindsay Neighbors, a sixth grade student
at Thompson Elementary School.
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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
Anthony Meyers
Lane Quade
James Kearns
Kim Burgett
Community Development 5
Community Development 5
Fire 25
Parks, Recreation & 30
Community Services
SBET A 5
SBET A 30
Janice Munoz
Ernest Dowdy
Council Member Johnson presented a Student Achievement Recognition award to
Sheila Ann Gabriella James, an accomplished tennis player and academic
achiever who is currently a tenth grade student at Redlands High School.
Linda Jackson, Branch Manager with the NID Housing Counseling Agency of
the Inland Empire, explained the many free services offered by the Agency
including first-time homebuyer training, home maintenance information, and
information to help people modify their loans and stay in their homes.
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 Shorett made a motion, seconded by Council
Member/Commissioner Brinker, 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.
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6. Council Minutes
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, 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: August
2,2010. The motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated August 2,
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 Johnson, that the personnel actions, as
submitted by the Chief Examiner, dated August 12, 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, except for the
EDA items which shall be referred back to the RDA Committee. The motion
carried with Kelley voting "no."
9. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Bus Shelter
Agreement with Omnitrans to administer a Passenger Amenities Program at
current and future bus stops.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack stated she would abstain because
Omnitrans is a business client.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of September 7, 2010. The motion carried with
McCammack abstaining.
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10. Furloughs on General Unit employees
Public Comments:
Joe Ortiz, San Bernardino, CA.
Steve Tracy, San Bernardino City Fire Dept.
Robert Cravens, Vice President, General Unit.
Joe Arnett, San Bernardino, CA.
Charles Greenwood, General Unit Employee.
David Farugia of the San Bernardino Public Employees Assn., representing the
General Bargaining Unit.
City Manager McNeely stated the reason he was asking for direction from the
Council was to see if the parties could stay at the bargaining table. He stated
that the language he was requesting would allow him to continue with the
negotiations, but he wanted the authority to impose furloughs, if necessary.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the City Manager and the Director of
Human Resources continue to negotiate with the General Unit and be authorized
to proceed with imposing furloughs on General Unit employees. The motion
carried with Desjardins, Kelley, and McCammack voting "no."
11. RES. 2010-273 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing extension of side letter for Middle
Management bargaining unit.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-273 was adopted unanimously.
12. RES. 2010-274 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the continuation of Friday closures of City
Hall through June 30, 2012.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted; and that the
City Manager be authorized to continue the Friday closures of City Hall through
June 30, 2012. Resolution No. 2010-274 was adopted unanimously.
13. RES. 2010-275 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution No. 2006-291, Article III -
Compensation: Section 1, Salaries; Article III - Compensation: Section 2,
PERS/Retirement Plan, Subsection (C); Article III - Compensation: Section
10, Recruitment Incentives, Subsections (A) & (B); Article IV - Fringe
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Benefits: Section 1 - Health/Life Insurance - Active Employees, Subsection
(A); Article IV - Fringe Benefits: Section 3 - Rain Gear/Utility
Uniforms/Uniform Allowances, Subsection (C); Article V - Leaves: Section
1 - Vacations, Subsection (H); Article V - Leaves: Section 4 - Payment for
Unused Sick Leave, Subsection (E); Article V - Leaves: Section 9 - Budget
Concessions Leave; Article VII - General Provisions: Section 4 - Term of
Memorandum of Understanding; and Adding Article VI - Working
Conditions: Section 1 - Work Schedules, Subsection (F), for Full-Time,
Police Safety Employees.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-275 was adopted unanimously.
Subsequently, a speaker slip was found regarding this item.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that Agenda Item No. 13 be reconsidered.
The motion carried with McCammack absent.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-275 was adopted with Kelley voting "no."
14. RES. 2010-276 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution No. 2007-345, Section 2, C,
Insurance; Section 2, I, PERS; Section 2, B(3), Compensation; and
Resolution No. 2009-35, Section 2, B(8), Compensation; between the City
and Management/Confidential employees.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted and that the
City Manager be authorized to continue the 36-hour reduced work week until
June 30, 2012. The motion carried and Resolution No. 2010-276 was
adopted unanimously.
15. RES. 2010-284 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution No. 2007-345, Section 2, C,
Insurance (Medical, Dental, Vision), Subsection 1; Section 2, I, PERS,
Safety Employees, Subsection 3; and Resolution No. 2009-71, Section 2, B,
Compensation, Subsection 1; Section 2, X, Post Employment Health Plan;
between the City and Fire Management employees.
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-284 was adopted with Desjardins, Kelley, and McCammack voting
"no."
16. RES. 2010-277 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with Mercer
Health and Benefits LLC to provide broker and administration services for
the City's Employee Health Care Program.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-277 was adopted unanimously.
17. RES. 2010-278 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Service Agreement with
the San Manuel Band of Mission Indians for Indian Gaming Police Services
during FY's 2010/11 - 2012/13.
Council Member/Commissioner McCanunack stated she would abstain because
San Manuel is a business client.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-278 was adopted with McCammack abstaining.
18. RES. 2010-279 - Resolution of the City of San Bernardino approving the
destruction of certain obsolete records by the San Bernardino Police
Department.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-279 was adopted unanimously.
19. RES. 2010-285 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of an annual purchase order in the amount of $75,000, with three (3) one-
year extensions at the City's option to McCray Enterprises of San
Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for
medium and heavy duty equipment and truck repair, including purchase of
various related parts.
Council Member/Commissioner Desjardins stated he would abstain because he
does business with McCray Enterprises.
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08/16/2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-285 was adopted with Desjardins abstaining.
20. RES. 2010-280 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of an annual purchase order in the amount of $75,000, with three (3) one-
year extensions at the City's option to Arata Equipment Co. pursuant to
Section 3.04.010-B3 of the Municipal Code for the purchase of specific
Labrie refuse equipment parts and supplies.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-280 was adopted unanimously.
21. RES. 2010-281 - Resolution of the City of San Bernardino approving
Cooperative Agreement No. RI0200 with the San Bernardino County
Transportation Authority, the City of Lorna Linda and the Inland Valley
Development Agency for the right-of-way and construction phases for the 1-
10 Tippecanoe Avenue Interchange.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-281 was adopted unanimously.
22. RES. 2010-282 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of an annual purchase order in the amount of $47,600 with four (4) one-
year extensions at the City's option to CalPortIand Company for concrete
materials.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-282 was adopted unanimously.
23. RES. 2010-283 - Resolution of the City of San Bernardino approving a
Freeway Agreement with the State of California for the State Highway
Route 10 and Tippecanoe Avenue Interchange Project.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-283 was adopted unanimously.
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24. RES. 2010-286 - Resolution of the City of San Bernardino authorizing the
execution of a Right of Entry Agreement with RRM Properties, Ltd, for
environmental surveying and/or geotechnical boring/trenching relative to
the proposed extension of State Street from its existing terminus north of
Base Line Street, to connect with Rancho A venue south of Foothill
Boulevard.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-286 was adopted with Desjardins absent.
25. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Finance Agreement with the
Southern California Edison Company for financing of energy efficiency
projects at various City buildings.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be referred to the Ways and
Means Committee and continued to the Council/Commission meeting of
September 7, 2010. The motion carried unanimously.
26. RES. 2010-287 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of the 2010/11 Used Oil Payment
Program application for funds from the Department of Resources Recycling
and Recovery (CaIRecycle).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2010-287 was adopted unanimously.
27. Item deleted
28. Item deleted
29. Designation of voting delegate and alternate voting delegates for the League
of California Cities Annual Conference to be held September 15-17, 2010 in
San Diego, California.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that Council Member/Commissioner
Kelley be designated as the City of San Bernardino's voting delegate and
Council Member/Commissioner Johnson be designated as the alternate voting
delegate for the League of California Cities Annual Conference to be held
September 15-17, 2010 in San Diego, California. The motion carried
unanimously.
30. Item deleted
31. A Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the establishment of a City-owned vehicle impound
facility to be operated and maintained by the City of San Bernardino Police
Department.
Council Member/Commissioner Desjardins stated that he had a conflict because
he owns a local towing company. He left the Council Chambers and returned
after the vote was taken.
City Attorney Penman stated that he would recuse himself in order to avoid the
appearance of a conflict because his wife is president/CEO of the local Chamber
of Commerce, which has taken a position in support of the tow companies in
this matter. He stated that Special Counsel Sabo was present to give legal
advice.
Chief of Police Kilmer and Lieutenant Burguan provided background
information and reviewed highlights of the business plan. Lieutenant Burguan
stated that the biggest change from last year when this idea was discussed is the
property for the facility-they are now considering IVDA controlled property
off of Third Street, which is paved and would require only minor
improvements. He added that they are also recommending a change in the
franchise structure.
Council Member/Commissioner McCammack stated that it was her belief that
Mr. Sabo had a conflict because he is the attorney for the IVDA/SBIAA and
was also acting as the attorney for the City in this matter.
Speaking from the public podium, City Attorney Penman advised that this could
be seen as a technical conflict; however, the Council could vote to waive Mr.
Sabo's conflict and direct the City Clerk to prepare a waiver for the Mayor's
execution.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, to waive Mr. Sabo's conflict and to direct the
City Clerk to prepare the waiver. The motion carried with Desjardins absent
and Kelley and McCammack voting "no."
The following individuals expressed support for a City-owned vehicle
impound facility:
Sergeant Rich Lawhead, Officer Dennis Houser, and Dennette Burns, San
Bernardino Police Dept.
The following individuals expressed opposition to a City-owned vehicle
impound facility:
Joe Ortiz, San Bernardino, CA; Robert Jenkins, San Bernardino, CA; Paul
Fernandez, Fontana, CA; Shirley Harlan, San Bernardino, CA; Roger
Henderson, San Bernardino, CA; Bill Miner, Morgan Hill, CA; Russell
Welch, Orange, CA; Arlan White, Colton, CA; Gary Ellis, Board Member,
San Bernardino Chamber of Commerce; John Vach, Wilson Towing; Roberto
Hernandez, San Bernardino, CA; Nelson Gabarette; Victor Perez, San
Bernardino, CA; Jaime Ortiz, San Bernardino, CA; Jerry Lair, City Towing,
San Bernardino, CA; Micheale Hayes, San Bernardino, CA; Allen Mills, San
Bernardino, CA; M. Bright, San Bernardino, CA; Larry Quiel, San
Bernardino, CA; Warner Hodgdon, San Bernardino, CA; Steven
Hendrickson; John Valdivia, San Bernardino, CA; Jose Murgia, San
Bernardino, CA; Rito D. La Torre, San Bernardino, CA; Aristeo Garcia, San
Bernardino, CA; Arturo Correa, Rialto, CA; Yvette and Ivan Aguayo; and
Jim Kruger, President, Jeff Hunter, Executive Director, and Brooks Ellison,
General Counsel, California Tow Trucks Assn.; Michael McGovern, managing
partner of McGovern law firm in Knoxville, Tennessee, who has associated
with Los Angeles Attorney Robert Ring, and together represent all six of the
current rotation companies.
Note: A few of the individuals did not speak to the vehicle impound facility
matter, but spoke in opposition to the mandatory 30-day impound law;
however, their names are included with those who expressed opposition.
Council Member/Commissioner Kelley asked the City Manager to look at and
seriously study the idea brought forward by the Police Officers Association of
installing parking meters in the downtown area around the courthouse.
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Council Member/Commissioner Brinker spoke regarding the City's prohibitive
use ordinance and the EP A issues associated with a vehicle impound facility.
He stated that he would like to continue the matter until legal counsel could
report back to the Council regarding information they had requested him to
research/obtain.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, to continue the matter to the adjourned regular
meeting scheduled for 5 p.m., Monday, August 23, in the Economic
Development Agency Boardroom. The motion carried with Johnson voting
"no" and Desjardins and McCammack absent.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson; Senior Assistant City Attorney
Wilson; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent:
Council Members/Commissioners Desjardins and McCammack
R32. California Housing Foundation funding (Continued from August 2,2010.)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said report be received and filed. The
motion carried with Desjardins and McCammack absent.
R33. San Bernardino Redevelopment Project Area: Merged Area A - Request to
set a joint public hearing of the Mayor and Common Council and the
Community Development Commission of the City of San Bernardino to
consider the Draft Merged, Amended and Restated Redevelopment Plan
and Program EIR (Central City North, Southeast Industrial Park, Tri-City,
South Valle, Meadowbrook/Central City, Central City South and Central
City East Redevelopment Project Areas)
RES. CDC/2010-46 - Resolution of the Community Development
Commission of the City of San Bernardino adopting the Report to the
Mayor and Common Council ("Report") and transmitting the Report and
the draft Merged, Amended and Restated Redevelopment Plan for the
proposed merger of the Central City North, Southeast Industrial Park, Tri-
City, South Valle, Meadowbrook/Central City, Central City South and
Central City East Redevelopment Project Areas ("Merged Area A").
(R33A)
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RES. CDC/2010-47 - Resolution of the Community Development
Commission of the City of San Bernardino setting the joint public hearing
date of October 4, 2010 at 4:30 p.m. with the Mayor and Common Council
of the City of San Bernardino to consider the Merged, Amended and
Restated Redevelopment Plan for the proposed merger of the Central City
North, Southeast Industrial Park, Tri-City, South Valle,
Meadowbrook/Central City, Central City South and Central City East
Redevelopment Project Areas ("Merged Area A") and Certification of the
Program Environmental Impact Report for Merged Area A. (R33B)
RES. 2010-288 - Resolution of the Mayor and Common Council of the City
of San Bernardino receiving the Report to the Mayor and Common Council
and the draft Merged, Amended and Restated Redevelopment Plan for the
proposed merger of the Central City North, Southeast Industrial Park, Tri-
City, South Valle, Meadowbrook/Central City, Central City South and
Central City East Redevelopment Project Areas ("Merged Area A").
(R33C)
RES. 2010-289 - Resolution of the Mayor and Common Council of the City
of San Bernardino setting the joint public hearing date of October 4, 2010
at 4:30 p.m. with the Community Development Commission of the City of
San Bernardino to consider the Merged, Amended and Restated
Redevelopment Plan for the proposed merger of the Central City North,
Southeast Industrial Park, Tri-City, South Valle, Meadowbrook/Central
City, Central City South and Central City East Redevelopment Project
Areas ("Merged Area A") and certification of the Program Environmental
Impact Report for Merged Area A. (R33D)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolutions A-D, be adopted.
Community Development Commission Resolution Nos. CDC/2010-46 and
CDC/2010-47 and Mayor and Common Council Resolution Nos. 2010-288
and 2010-289 were adopted with Kelley voting "no" and Desjardins and
McCammack absent.
R34. RES. 2010-290 - Resolution of the Mayor and Common Council of the City
of San Bernardino designating the San Bernardino Redevelopment Survey
Area for project study purposes.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2010-290 was adopted with Desjardins and McCammack absent.
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R35. RES. CDC/2010-48 - 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 to 1) submit an application to the United States Department of
Housing and Urban Development for funding under the Brownfield
Economic Development Initiative (BEDI) for Theater Square Development,
2) execute a Professional Services Agreement with PB Americas, Inc. for the
preparation of BEDI Grant Application, and 3) execute all related
documents necessary to receive grant funding if grant application is
approved (Central City North Redevelopment Project Area).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. CDC/2010-48 was adopted with Desjardins and McCammack absent.
R36. Jack in the Box Restaurant - Interim Executive Director authorization to
approve building signage re-imaging
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Kelley, that the Community Development Commission
of the City of San Bernardino approve and authorize the Interim Executive
Director of the Redevelopment Agency of the City of San Bernardino
(" Agency") to approve signage per Declaration of Restriction (Section 5). The
motion carried with Desjardins and McCammack absent.
37. Public Comments
Robert Jenkins, San Bernardino, CA, spoke regarding the op-ed written by the
Mayor and published in The Sun newspaper on August 11, 2010.
Joe Ortiz, San Bernardino, CA, urged residents to vote "no" on Measure C.
Robin Hyde, pastor of Cornerstone Church of the Nazarene, asked the Mayor
and Council to shut down RAVE concerts in the city of San Bernardino.
Ruben Lopez, San Bernardino, CA, spoke regarding the top heavy
administration of the City and stated his opposition to an appointed city
attorney.
Karen Serrano of Congressman Joe Baca's office spoke regarding the Federal
Stimulus Program.
Warner Hodgdon, San Bernardino, CA, spoke regarding a breach of the
approved EDA W Plan, which was endorsed by the Mayor and Council on June
1,2009.
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Shirley Harlan, San Bernardino, CA, spoke regarding the manner in which the
Mayor and Common Council meetings are conducted.
24. Adjournment
At 8:46 p.m. the meeting adjourned to 5 p.m., Monday, August 23,2010 in the
Economic Development Agency Boardroom to consider the Fiscal Year 2010/11
City budget.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Tuesday, September 7,
2010.
RACHEL G. CLARK
City Clerk
By: ~. fa;tzHJ
Deputy City Clerk
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