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HomeMy WebLinkAbout06-07-2010 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 JUNE 7,2010 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 7,2010, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. None. Absent: 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; City of San Bernardino v. Charter Communications Inc. - San Bernardino County Superior Court, Case No. CIVSS 808842; 06/07/2010 Citizens for Responsible Equitable Environment Development v. City of San Bernardino, et at. - San Bernardino County Superior Court, Case No. CIVDS 918169. 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: Tax Defaulted Properties 1. Property Address: 882 Washington A venue south of Central A venue APN: 0136-461-09 2 06107/2010 Negotiating Parties: Under Negotiation: 2. Property Address: Negotiating Parties: Under Negotiation: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Larry Walker, Treasurer-Tax Collector, Property Owner/ Seller Purchase price, terms and conditions. SW corner of Sierra Way & Highland A venue APN: 0146-014-34 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as Buyer and Larry Walker, Treasurer-Tax Collector, Property Owner/ Seller Purchase price, terms and conditions. City Attorney Penman announced that the following additional cases would be discussed in closed session: Michael Desrochers, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 708367; Steve Lowes v. Michael Billdt, et al. - United States District Court, Central District of California, Case No. EDCV 09-2215 V AP. Under Agenda Item No. 1B, significant exposure to litigation: Glen and Joanne Gipson v. City of San Bernardino; Claim of Brian Boom; One case pursuant to Government Code Section 54956.9B3 A-F. Closed Session Announcement City Clerk Clark announced that under Government Code Section 54957.1 (a) (2) a motion was made by Council Member McCammack, seconded by Council Member Shorett, to authorize the filing of a cross-complaint against LAFCO. The motion carried with Kelley abstaining. Also discussed in closed session under Government Code Section 54957.1 (a) (5) was the position of Mayor's Assistant III. 3 06/07/2010 Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Winston "Win" Carl, Judith E. Rubio, and John "Jack" Butler. Invocation/Pledge of Allegiance The invocation was given by Reverend Bronica Martindale of the Master's Plan Church of the Nazarene. The pledge of allegiance was led by Xavier Talley, a fourth grade student at Neal Roberts Elementary School. 2. Appointment - Douglas T. Frame - Bureau of Franchises - Council Member McCammack Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the appointment of Douglas T. Frame to the Bureau of Franchises, as requested by Council Member McCammack, be approved. The motion carried unanimously. 3. Presentations Mayor Morris presented Ambassador of Goodwill Certificates to Carrie Fernandes of Cajon High School, Virginia Nguyen of Cajon High School, Kyle Strickland of the Public Safety Academy, and James Vasquez of San Gorgonio High School for being selected this year's San Bernardino Tachikawa Sister Cities Student Ambassadors. James Vasquez presented the Mayor with a copy of a memory book commemorating the 50th Anniversary of the Tachikawa San Bernardino Sister City Program. Mayor Morris provided a copy of a memory book published by the Sun Newspaper documenting 200 years of the City's history to the students and requested that it be presented to Mayor Shimuzu. Mayor Morris acknowledged Judy Maculsay, of the Tachikawa Sister City Program, and her team and thanked her for her leadership in keeping this program alive and well. Mayor Morris presented certificates of recognition to Samantha Doner, Steven Shaddox, Joe Uribe, Juan Rodriguez, and Albert Ramirez of Pacific High school for winning their second straight championship of the Inland Empire Solar Challenge. Mayor Morris presented a certificate of recognition to Firefighter Andrew Weiss, who performed life-saving maneuvers on his two year old neighbor. 4 06/07/2010 Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, introduced committee member Jane Sneddon who spoke about the success of the Bicentennial Parade held on May 22. Committee Member Cheryl Brown and volunteer Charmaine Murphy announced that the next Bicentennial event, San Bernardino's Got Talent, would be held at the Sturgess Center on June 19, 2010, at 6 p.m. and they provided information on how to purchase tickets. 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 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. 6. Council Minutes Council Member/Commissioner Johnson 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: May 25, 2010. The motion carried unanimously. 7. Claims & Payroll Council Member/Commissioner Johnson 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 May 17, 2010, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated June 3, 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 Item No. 10, Robert Arispe, and 5 06/07/2010 Item No. 14, Sergio Romero, which he requested be continued to the Council! Commission meeting of June 21, 2010. The motion carried unanimously. 9A. RES. 2010-127 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, McElhaney & Beckett and the City of San Bernardino for legal services on behalf of firefighters in an Inland Counties Emergency Medical Agency Investigation. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-127 was adopted unanimously. 9B. RES. 2010-128 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Nichole J. Mounsey and the City of San Bernardino for temporary attorney services in the City Attorney's Office. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-128 was adopted unanimously. 10. 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 (UPRR) south of Redlands Boulevard (SS04-51). Note: No resolution was distributed with the backup materials. Council Member/Commissioner Brinker stated that he would be abstaining on this item because the subject grade separation is near his house. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of June 21, 2010. The motion carried with Brinker abstaining. 11. RES. 2010-129 - Resolution of the City of San Bernardino directing and authorizing the execution of a Real Property Exchange Agreement with the San Bernardino County Flood Control District and the execution of a grant deed for the exchange of City owned parcels of real property generally located northerly of Campus Parkway, between Kendall Drive and Northpark Boulevard in the City of San Bernardino. 6 06/07/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-129 was adopted unanimously. 12. RES. 2010-130 - Resolution of the City of San Bernardino approving Amendment No. 2 to a Municipal Staffing Agreement with MuniTemps to provide, on a temporary basis, an engineering liaison to supervise the construction and administration of the federal funding mechanism for the Metrolink parking structure at the Santa Fe Depot. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-130 was adopted unanimously. 13. RES. 2010-131 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Mega Way Enterprises for construction of soccer fields at Speicher Park, Per Project Plan No. 12715. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2009/10 CIP budget by transferring $148,600 in Parks CIP project savings to the Speicher Park Soccer Fields CIP project (PR05-03) as specified in the staff report from Valerie Ross, Director of Development Services, dated May 13, 2010. The motion carried and Resolution No. 2010-131 was adopted unanimously. 14. 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. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of June 21, 2010. The motion carried unanimously. 15. 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. Note: No resolution was distributed with the backup materials. 7 06/07/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of June 21,2010. The motion carried unanimously. 16A. RES. 2010-132 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to increase Purchase Order Number 303349 by $62,600 to Air Cleaning Systems in order to complete the construction of the vehicle exhaust removal system. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-132 was adopted unanimously. 16B. RES. 2010-133 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the amendment to the purchase agreement with DHS Systems LLC in the amount of $63,384.83 for a DRASH MX5 rapid deployment shelter and environmental control unit. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-133 was adopted unanimously. 16C. RES. 2010-134 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the amendment to the purchase agreement with Motorola in the amount of $40,118.85 for communication equipment. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-134 was adopted unanimously. 17. RES. 2010-138 - Resolution of the Mayor and Common Council of the City of San Bernardino recognizing the San Bernardino City Fire Management Association as the majority representative for the Fire Management Unit. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2010-138 was adopted with Kelley and McCammack voting "no." 18. Resolution 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 healthcare program. Note: No resolution was distributed with the backup materials. 8 06/07/2010 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of June 21,2010. The motion carried unanimously. 19. RES. 2010-135 - 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 Accela, Inc., for maintenance of the Permits+ System. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-135 was adopted unanimously. 20. RES. 2010-136 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute service agreements with the San Bernardino County Probation Department, the Young Visionaries Youth Leadership Academy, and the Foundation for California State University San Bernardino, for the California Gang Reduction, Intervention and Prevention (CALGRIP) grant. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-136 was adopted unanimously. 21. RES. 2010-137 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOD) for the San Bernardino Police Department to participate as a member of the California Department of Justice, Bureau of Narcotic Enforcement, Inland Crackdown Allied (INCA) Task Force. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2010-137 was adopted unanimously. 22. Item deleted 23. Item deleted 9 06/07/2010 24. Receive and File the detail FY 2008/09 Year End Report for the Development Impact Fee Funds Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the detail FY 2008/09 Year End Report for the Development Impact Fee Funds be received and filed. The motion carried unanimously. 25. Public Hearing - An ordinance prohibiting medical marijuana dispensaries 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. FIRST READING Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Brinker asked if mobile dispensaries were included in the ordinance. Terri Rahhal, Deputy Director/City Planner, Community Development, stated that the ordinance is an amendment to the Development Code which would prohibit a dispensary anywhere in the City that prohibits issuance of a business registration for any business. She added that there are other restrictions already on mobile businesses in the City, so it would be prohibited even it were a mobile dispensary. Council Member/Commissioner Desjardins asked Ms. Rahhal if this ordinance would prohibit persons who operate a licensed business in another City to deliver to patients within the City of San Bernardino. Ms. Rahhal clarified that this ordinance prohibits establishment of a new business within the City of San Bernardino. Council Member/Commissioner Desjardins stated that he did not want to preclude anyone who uses the medical marijuana from receiving it if they are an invalid and they need delivery at their home. Ms. Rahhal stated that it doesn't preclude legal use of prescribed marijuana-it prohibits establishment of a dispensary within the City. 10 06/07/2010 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried with Desjardins voting "no." 26. 2010-2011 Budget Revenue Strategies (Continued from May 17, 2010) City Manager McNeely requested that the Council review the list of budget balancing revenue strategies and provide some direction as to which of these items they would like staff to move forward on in terms of further analysis and then those items would be brought back to the Council for discussion and determination of any action that they might want to proceed with. He stated that staff has reviewed and determined that the first five items on the list may have the largest financial impact: Establishment of a Citywide Assessment District; Real Property Transfer Tax; Charge Refuse and Sewer 15 % of revenue collected for the General Fund and consider an increase to the Water amount; Sell the Convention Center to EDA; and Increase Business Fire Inspection Fee. Discussion ensued regarding the proposed budget balancing revenue strategies listed on the "Summary of Budget Balancing Revenue Strategies." Public Comments: Ryan Smith, Inland Valley Association of Realtors; Joe Arnett, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the City Manager be directed to focus his resources on the top five items listed on the "Summary of Budget Balancing Revenue Strategies." The motion carried unanimously. 27. ORD. MC-1324 - Ordinance of the City of San Bernardino amending City of San Bernardino Municipal Code to delete Title 2, Chapters 2.77 (Facilities Management Department) and 2.80 (Animal Control Department). FINAL READING (Continued from May 17,2010) Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1324 was adopted unanimously. 11 06/07/2010 28. Naming of parks in the 5th Ward Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Desjardins, that the following parks be named in the Fifth Ward: Dirk Kempthorne, Jack Hill, Evlyn Wilcox, Allen Gresham, Lyman/Rich (Amasa M. Lyman/Charles C. Rich). The vote was taken following discussion of the matter. It was the consensus of the Council that there should be a process for naming parks and that the community should be given an opportunity to participate. Public Comments: Jim Smith, San Bernardino, CA; Roger Henderson. The motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Desjardins, failed with Marquez, Brinker, Shorett and Johnson voting "no." COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Wilson; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. None. Absent: R29. Elimination of Debt Limits for three (3) Redevelopment Agency of the City of San Bernardino Project Areas (Meadowbrook/Central City, Central City East and Central City South Redevelopment Project Areas) (Continued from May 17,2010) MEADOWBROOK/CENTRAL CITY ORD. MC-1325 - Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Meadowbrook/Central City Redevelopment Project Area. FINAL READING (R29A) CENTRAL CITY EAST ORD. MC-1326 - Ordinance of the Mayor and Common Council of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Central City East Redevelopment Project Area. FINAL READING (R29C) 12 06/07/201 0 CENTRAL CITY SOUTH ORD. MC-1327 - Ordinance of the City of San Bernardino eliminating the debt incurrence deadline for the Redevelopment Plan for the Central City South Redevelopment Project Area. FINAL READING (R29E) Council Member/Commissioner Desjardins stated that he would be abstaining on this item because he owns property in the subject area. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said ordinances A, C, and E be adopted. Ordinance Nos. MC-1325, MC-1326 and MC-1327 were adopted with Desjardins abstaining and McCammack voting "no." R30. Professional Services Agreements: Rosenow Spevacek Group, Inc. (Area B West Project Areas Merger and Plan Amendments) and RBF Consulting (Program EIR - Area B West Project Areas Merger and Plan Amendments) (Continued from May 17, 2010) RES. CDC/2010-29 - 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 a Professional Services Agreement by and between the Agency and Rosenow Spevacek Group, Inc., to provide consultant services in connection with merging and amending certain redevelopment project areas for the proposed Area B West Project Areas Merger and Plan Amendments (State College, Central City West, Northwest, Uptown, Mt. Vernon, and 40th Street Redevelopment Project Areas). (R30A) RES. CDC/2010-30 - 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 a Professional Services Agreement by and between the Agency and RBF Consulting, to provide consultant services in connection with the preparation of a Program Environmental Impact Report for the proposed Area B West Project Areas Merger and Plan Amendments (State College, Central City West, Northwest, Uptown, Mt. Vernon, and 40th Street Redevelopment Project Areas). (R30B) Council Member/Commissioner McCammack stated that she would have to abstain on items R30A and R30B as she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. 13 06/07/2010 Council Member/Commissioner Desjardins stated that he would have to abstain on this item because his business is located in the Mt. Vernon Redevelopment Project Area. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said resolutions A and B, be adopted. Resolution Nos. CDC/2010-29 and CDC/2010-30 were adopted with Desjardins and McCammack abstaining. R31. Single-Family Homeownership and Neighborhood Revitalization Quarterly Update of Program Activities Council Member/Commissioner McCammack declared a conflict. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the Community Development Commission of the City of San Bernardino receive and file the Quarterly Update of Single- Family Homeownership and Neighborhood Revitalization program activities through March 31, 2010; and that the Community Development Commission of the City of San Bernardino receive and file the Quarterly Update of the Neighborhood Housing Services of the Inland Empire program activities through December 31, 2009. The motion carried with McCammack abstaining. R32. Weka, Inc. - Public Works Construction Contract for the relocation and construction of the sanitary sewer line for the State Courthouse Project (Central City East Redevelopment Project Area) RES. CDC/2010-31 - Resolution of the Community Development Commission of the City of San Bernardino awarding a Public Works Construction Contract ("Construction Contract"), approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the construction contract by and between the Agency and Weka, Inc. and authorizing the funding of said construction contract amount (Central City East Redevelopment Project Area). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/201O-31 was adopted unanimously. 14 06/07/2010 PLANNING ITEMS 33. Appeal Hearing - An appeal of the Planning Commission's approval of Conditional Use Permit No. 07-15, a request to expand an existing 129,794 square foot retail commercial building by 41,644 square feet to a total of 171,438 square feet on approximately 15.13 acres located on the north side of Highland Avenue at the intersection with Boulder Avenue, at 4210 East Highland Avenue in the CG-l, Commercial General land use district (Appeal No. 09-03) (Continued from May 3, 2010) No action needed. The appeal was withdrawn. 34. Public Hearing - ordering the vacation of a portion of 25th Street between "G" Street and "F" Street, and a portion of Berkeley Avenue between 25th Street and 26th Street RES. 2010-139 - Resolution of the City of San Bernardino ordering the vacation of a portion of 25th Street between "G" Street and "F" Street, and a portion of Berkeley Avenue between 25th Street and 26th Street and reserving utility easements therein. City Attorney Penman declared a conflict as his wife is a member of the School Board. Council Member/Commissioner McCammack stated that she would be abstaining on this item because the San Bernardino City Unified School District is a business client. She 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 Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed and the Findings of Fact, as set forth in the staff report from Valerie Ross, Director of Development Services, dated May 12, 2010, as to why the portion of 25th Street between "G" Street and "F" Street, and a portion of Berkeley A venue between 25th Street and 26th Street are no longer necessary for public street purposes be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2010-139 was adopted with McCammack abstaining. 35. Report on 2010 City Attorney's Spring Conference, League of California Cities - FPPC Update 15 06/07/2010 City Attorney Penman provided highlights of his report regarding gifts, tickets, and new regulations. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said report be received and filed. The motion carried unanimously. 36. Administrative Civil Penalties Program - PowerPoint presentation by City Attorney City Attorney Penman provided a detailed report on the Administrative Civil Penalties (ACP) process. Council Member/Commissioner Brinker asked if the City needed to draft a policy that more clearly defines when they should use ACPs, particularly in Code situations. He asked if this was something that should be referred to the Legislative Review Committee. City Manager McNeely stated that his goal is to develop better policies and guidelines so there is consistency in application. He stated that his office will be working with the City Attorney's office to bring that forward to the appropriate body for review and then it will be brought forward to the Council. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said report be received and filed. The motion carried unanimously. 37. Public Comments Tony Trozera, business owner, spoke regarding the lack of signage along the 210 Freeway for the City of Bernardino. Karen Serrano, Office of Congressman Joe Baca, San Bernardino, CA, stated that the City of San Bernardino is eligible to receive approximately $215,264 from the American Recovery and Reinvestment Act to improve public safety through the Edward Burn Memorial Justice Assistance Grant, also known as the JAG Program. San Bernardino County is the lead agency and is filing a joint application on behalf of participating cities. She stated that Congressman Baca has sent letters of support to Mayor Morris, City Manager McNeely and Chief Kilmer encouraging the City of San Bernardino to take part in this important program. Edward Jeffries, retired Air Force Master Sergeant and member of the 63/445 Norton Veterans Group, discussed their plan to have the first 40 feet of a rare C- 16 06/07/2010 141 cargo plane transported from Tucson's Davis-Monthan Air Force Base to the former Norton Air Force Base as a memorial honoring those who served onboard the aircraft and those who served at the base, both military and civilian. Robert Cravens, member of the General Unit, stated that he has given up 15.3 percent of his salary to stay here and work for the City. He stated that he wanted to make sure the Council knew that employees are willing to support whatever decisions are made-as hard as they may be. Robert Rego, San Bernardino, CA, announced that a portion of the Berlin Wall has been purchased and will be transported to Ronald Reagan Park in the City of San Bernardino. It is 12 feet high, 4 feet wide, approximately 1 foot thick, and it weighs 2.3 metric tons. He stated that this is only the third piece of the wall on the west coast in the United States. 38. Adjournment At 7:30 p.m., the meeting adjourned to 5 p.m., on Tuesday, June 8, 2010 in the Economic Development Agency Boardroom, for a Council Retreat Follow-up meeting. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1 :30 p.m., Monday, June 21,2010. RACHEL G. CLARK City Clerk BY~~~/ Linda Sutherland Deputy City Clerk 17 06/07/2010