HomeMy WebLinkAbout12-20-2010 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
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 20, 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 :40 p.m., Monday, December 20, 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 1:50 p.m.
Council Member/Commissioner Brinker left the meeting at 6:05 p.m.
Council Member/Commissioner Desjardins left the meeting at 6:08 p.m.
1. Closed Session
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Judith Little, et al. v. City of San Bernardino, et al. - United States
District Court, Case No. 09-06068 SVW;
12/20/2010
Lee Wayne Jones, Sr. et al. v. City of San Bernardino, et al. - United
States District Court, Case No. EDCV 08-00187 YAP (Opx);
Paul Triplett v. City of San Bernardino, et al. - United States District
Court, Case No.2; CV 08-07257 JHN (AJWx);
Zskyia Watson, et al. v. City of San Bernardino, et al. - United States
District Court, Case No. EDCV 09-1846 YAP (DTBx).
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)
Claim of AT&T Mobile v. City of San Bernardino
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 Safety
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman stated that the following items would be discussed in
closed session under Agenda Item No. lB, significant exposure to litigation:
YMCA Lease
People v. Carrington
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People v. First American Title
And under Agenda Item No. IG, Conference with real property negotiator:
Central City North Redevelopment Project Area
Property Address:
295 Carousel Mall, San Bernardino
Negotiating Parties:
Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency, and Donald
Chae and Min Chae, Managers of
PLA CO San Bernardino, LLC
(Carousel Mall).
Under Negotiation:
Purchase pnce,
conditions.
terms
and
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.
Moment of Silence
A moment of silence was observed m memory of Claude S. Diggs and Anthony
Blacksher.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Jay Egenes of Highland Avenue Lutheran Church.
The pledge of allegiance was led by Sarena Mendoza, a sixth grade student from Cole
Elementary School.
2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
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Name
Department
Years of Service
Shauna Britton
Erick Martin
John Vasek
Keith Prostler
City Attorney
Police
Police
Police
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5
20
30
First Ward Council Member Virginia Marquez presented Danny Flores with a
Proclamation of Commendation for the many contributions he has made to the
community.
The City's State lobbyist, Tim Lynch of Platinum Advisors, provided an update
on pending legislation.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
Council Member Shorett proposed that the Council Chambers be named after
former Mayor W.R. "Bob" Holcomb, and submitted a petition for gathering
signatures.
Council Member Kelley suggested 1) utilizing the mobile command post to
bring a police presence to problem areas experiencing a spike in crime; 2)
development of an economic strategy for our community; and 3) taking a closer
look at the Administrative Citation process.
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: October
18, 2010; November 1, 2010; November 15, 2010. The motion carried
unanimously.
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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 December 6,
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 December 16, 2010, in accordance with Civil Service
rules and Personnel policies adopted by the Mayor and Common Council of the
City of San Bernardino, be approved and ratified. The motion carried
unanimously.
9. Approve Local Appointments List per Maddy Act
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council approve
the Local Appointments List of all regular and ongoing boards, commissions,
and committees and direct the City Clerk to send a copy of the List to the
Feldheym Library for posting pursuant to Government Code Section 54973.
The motion carried unanimously.
10. RES. 2010-387 - Resolution by the City of San Bernardino in support of
"Business Friendly Principles" as part of SCAG's development of a
Southern California Economic Growth Strategy.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-387 was adopted unanimously.
11. ORD. MC-1343 - An Ordinance of the City of San Bernardino adding
Chapter 16.18 to the San Bernardino Municipal Code regarding
Unauthorized Signs on Public Property and repealing Section 8.15.130
FINAL READING (Continued from December 6, 2010)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance
No. MC-1343 was adopted unanimously.
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12. Establishment of salaries for Fire Department Ranges P-S, P-6 & P-7,
effective August 1, 2010
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the salaries for Fire Department Ranges P-
5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be
established, effective August 1, 2010; that the Human Resources Department be
authorized to amend Resolution No. 6429 to reflect the above action; and that
the Finance Director be authorized to amend the FY 2010/11 budget. The
motion carried unanimously.
13. RES. 2010-389 - Resolution of the Mayor and Common Council of the City
of San Bernardino rescinding Resolution No. 2010-284 and approving a
Memorandum of Understanding between the City and the San Bernardino
City Fire Management Association regarding Budget Concessions.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-389 was adopted with Kelley and McCammack voting "no."
14. RES. 2010-390 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to approve an annual
Services Agreement between the City of San Bernardino and Project Life
Impact to provide supplemental recreation and community services at
Nicholson Community Center.
Council Member/Commissioner Johnson stated that on page 1 of the Services
Agreement, in paragraph 3, he would like the words "Ward 6 residents"
changed to "City residents"; and in paragraph 4, he would like the words
"Ward 6 residents" changed to "all residents."
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-390 was adopted unanimously.
15. Item deleted
16. RES. 2010-388 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Memorandum of
Understanding between the Bureau of Alcohol, Tobacco, Firearms and
Explosives (A TF) and the San Bernardino Police Department for
participation in the San Bernardino ATF Gun/Gang Suppression Task
Force.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-388 was adopted unanimously.
17. RES. 2010-391 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a Public Utility Easement (P.U.E.)
generally located between vacated Turrill Avenue and Garner Avenue,
south of vacated Magnolia Avenue, and reserving utility easements therein.
Because this action was requested by the school district, City Attorney Penman
abstained because his wife is a member of the school board.
Council Member/Commissioner McCammack abstained because the school
district is a business client.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-391 was adopted with McCammack abstaining.
18. Item deleted
19. RES. 2010-392 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the reprogramming of certain Energy
Efficiency and Conservation Block Grant Funds Program and the creation
of an Energy Efficient Retrofit Grant Program using EECBG Program
funds.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2010-392 was adopted unanimously.
20. RES. 2010-393 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application to Kaiser Permanente Regional Community
Benefit Operation Splash Grants Program for funding in the amount of
$20,000 to provide the Parks, Recreation and Community Services
Department Aquatics Program for the 2011 Summer season.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-393 was adopted unanimously.
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21. RES. 2010-394 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of a grant application to the
US Department of Housing and Urban Development: Economic
Development Initiative - EDI Special Project for the amount of $500,000 for
the construction of the Verdemont Community Center at Al Guhin Park.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2010-394 was adopted unanimously.
22. RES. 2010-395 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting an amended Conflict of Interest Code and
rescinding Resolution No. 2009-1.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2010-395 was adopted unanimously.
23. An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California amending Chapter 8.14 of the San Bernardino
Municipal Code Regarding Yard Sales. FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said ordinance be laid over for
final adoption. The motion carried unanimously.
24. Receive and File - FY 2009-2010 Year End Report
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the FY 2009-10 Year End Report
be received and filed. The motion carried unanimously.
25. Approve the FY 2009-2010 Continuing Appropriations and Encumbrance
Carryovers in FY 2010-2011
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the FY 2009-10 Continuing
Appropriations and Encumbrance Carryovers be approved; and that the Director
of Finance be authorized to amend the FY 2010-11 budget to include the
approved Continuing Appropriations and Encumbrance Carryovers. The
motion carried unanimously.
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26. Receive and File - Fiscal Year 2010-2011 First Quarter Budget Report
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the FY 2010-11 First Quarter
Budget Report be received and filed. The motion carried unanimously.
27. Appeal Hearing - Appeal of the City Clerk's denial of an application
submitted by Xia Yu for a permit to operate as a massage technician
Staff advised that Ms. Zia Yu had requested a continuance until January 24,
2011.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of January 24, 2011. The motion carried
unanimously.
28. Overview briefing of City Charter
City Attorney Penman stated that his office normally provides briefings at the
beginning of each Council member's term regarding the City Charter and the
Brown Act; however, it did not take place with Council members Marquez,
Desjardins and Shorett for various reasons. Mr. Penman began his presentation
by providing background information on the Charter.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the briefing be received and filed.
(Note: There was no vote taken.)
Council Member/Commissioner Brinker stated that he would prefer that this
overview be done individually with the people who had requested it, instead of
taking up everyone's time at the Council meeting.
Council Member/Commissioner Desjardins stated that when he had requested
this information he didn't want something that was going to drag on and involve
politics-he did not want this to be a platform for anyone who would be running
for re-election next year. He stated that he was not looking for a history of the
Charter, but wanted to know the day-to-day function of the Charter and the
Brown Act as it currently applies to the Council.
Council Member/Commissioner Shorett stated that he did meet with Mr.
Penman and his staff for over three hours, but he still thought that a workshop
to go through the Charter and look at it, talk about it, and ask questions about it,
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conducted by a third impartial party would be effective and worthwhile for the
Council and the citizens.
Council Member/Commissioner Shorett made a substitute motion, seconded by
Council Member/Commissioner Desjardins, to refer this matter to the City
Manager to come back with a proposal for workshops on both the San
Bernardino City Charter and the Brown Act (who would conduct, cost, etc.) and
try to get them done before the end of February.
Council Member/Commissioner Johnson stated that he believed the request by
Mr. Desjardins was for himself personally and not for the complete Council,
and he did not see the need to sit through the briefing as a Council.
Council Member/Commissioner Marquez expressed support for the motion
made by Mr. Shorett.
Mr. Penman stated that they were missing the point and that the Charter
requires the City Attorney to sign off on any request for outside legal counsel.
Mr. Shorett stated that he was not suggesting that they obtain outside legal
counsel-he was suggesting that they have an impartial, third-party consultant
come in-not legal counsel.
Mr. Penman replied that in order for the Council to be given a proper briefing
on the Charter or on the Brown Act they do need an attorney to do it.
Secondly, when the voters have already provided the person to perform this
service, the Council may not by law, choose another.
Council Member/Commissioner McCammack made a second substitute motion,
seconded by Council Member/Commissioner Kelley, that the matter be tabled.
The motion carried with Marquez, Desjardins, and Shorett voting "no."
29. Review of the eCivis Grants Network software
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be tabled. The motion
failed with Marquez, Brinker, Shorett, and Johnson voting "no."
City Manager McNeely stated that the cities surveyed were pleased with the
system, but the vast majority felt staff resources were necessary to oversee the
system or provide staff support. He stated that four options were presented for
the Council's review and consideration.
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Council Member/Commissioner Kelley stated that the City does not need a
grants position-that eCivis will provide everything staff needs and hiring a
grants person was not what was anticipated when this item was brought forward.
He stated that he would highly recommend that they do not hire a grants person.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack to approve Option 4, maintain the status
quo and not purchase the eCivis software or add a grants coordinator position
until such time as City revenues improve. (Note: No vote was taken.)
Following additional discussion, Council Member/Commissioner McCammack
made a substitute motion, seconded by Council Member/Commissioner Kelley,
to approve Option 3, purchase the Research component of eCivis with ten user
licenses, but change the ten licenses to unlimited licenses. It was noted that this
would cost in excess of $41,000.
Council Member/Commissioner Brinker stated that he would like to see the
benefits of this with a dollar amount. He noted that the people who will be
using the program should be involved in the process, and maybe the City
Manager should come back with a plan. It was noted that the City does have a
number of people involved in doing grant applications; however, there is not
anyone who spends a predominant amount of time pursuing grants-they all
have other jobs to do.
Discussion continued, and it was suggested that maybe they should take the ten
licenses for approximately six months and see how many grants are being
written. If there is a significant increase, then consider another option at that
time.
Council Member/Commissioner McCammack amended her substitute motion,
seconded by Council Member/Commissioner Kelley, to approve Option 3,
purchase the Research component of eCivis with ten user licenses. The motion
carried with Johnson absent.
Council Member/Commissioner Brinker stated that he wanted the City Manager
to come back with a list of identified grant writers and collaborate with them
and make sure they are using this software efficiently.
Council Member/Commissioner Kelley suggested that the Council office have
access to one of the licenses.
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30. City of San Bernardino Proposed FY 2011-12 Federal Legislative Priorities
and Program Nominations
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Marquez, that the recommended Federal
Legislative Priorities and Project Nominations be approved and that any
additional projects be considered for inclusion as requested by the Mayor and
Common Council. The motion carried with Brinker and Shorett absent.
31. Item deleted
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Shorett, Kelley, Johnson, McCammack; Senior Deputy City Attorney
Grider; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent:
Council Members/Commissioners Desjardins and Brinker
R32. Joint Public Hearing - Merged Area A - 2010 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). (EIR available at http://www.sbrda.org/edProjectMerger.html )
(Continued from December 6,2010)
RES. CDC/2010-66 - Resolution of the Community Development
Commission of the City of San Bernardino certifying the Final Program
Environmental Impact Report for the Merged, Amended and Restated
Redevelopment Plan for the San Bernardino merged Redevelopment Project
Area A 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; making
findings pursuant to the California Environmental Quality Act; adopting a
Mitigation Monitoring and Reporting Program; and adopting a Statement
of Overriding Considerations.
The hearing remains open.
Council Member/Commissioner McCammack stated that for the record she
needed to be sure that nowhere does any action on this item have anything to do
with the Uptown Redevelopment Area.
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Agency Counsel Sabo advised that one of the issues that needed to be addressed
prior to the actual conduct of the hearing is whether there are any conflicts of
interest that need to be disclosed.
He stated that Council Member Marquez had previously declared her principal
place of residence to be in Central City East, which is not an issue in her
participation.
Mr. Sabo advised that Council Members Desjardins and Shorett have business
interests in the project area, and those have previously been disclosed. Mr.
Shorett stated that that information was incorrect and he did not have a financial
interest in the project area.
Agency Counsel Sabo informed Council Member McCammack that this project
does not include, and no action to be taken has anything to do with, the Uptown
Redevelopment Project Area where she has a financial interest.
It was noted that since Mr. Desjardins was absent, no conflicts existed with
those Council Members who were present.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
Warner Hodgdon, San Bernardino, CA, stated that he has tracked the progress
that has been going on for the last several years and he supports the Merged
Area A-201O, in theory, 100 percent and has stated so in writing. He stated that
he thought it was important for Mr. Sabo to be the one to sign off on the
resolution and submitted into the record a large bound document titled,
Memorandum, Joint Public Hearing, 12.06.10, CDC - Mayor Common
Council, Agenda Items 23 . 25, Submitted for Public Agenda/Record.
Emil Marzullo, Interim Executive Director of the Economic Development
Agency, stated that this was a continuation item that the Council/Commission
had discussed many, many times; and that the action tonight is a continuation on
the EIR process of the Merged Area A.
Mayor Morris asked City Clerk Clark whether any written correspondence had
been received regarding this matter and she responded in the negative.
Council Member/Commissioner McCammack stated that she had a long
conversation with Mr. Hodgdon about the financial aspects of this, and her only
concern is that if their projections are as listed in the backup materials and they
borrow a certain amount of money, they are expecting that the projections will
then support the debt service, but what if it doesn't.
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Mr. Marzullo stated that the document took a certain forward looking
assumption that if certain things happen then they would issue "x" number of
dollars in debt. He stated that the debt is not issued all at once-it is issued
sequentially over time as property value and development occurs. He stated that
you can issue debt for a first series of things that happen over a few years-let
those mature, let those create tax increment-then they would pay down debt
and move forward. He stated that the interesting thing about redevelopment is
that in order to be in the redevelopment business you have to be in debt. The
value of land, the quality of the projects, and the success of the projects
generally dictates how much you would or would not issue in the future.
Ms. McCammack stated that her other concern was if she was a city manager
she would be aghast at the number of dollars that were coming out of the City's
general fund and going into the City's Economic Development Agency Fund.
Every time we turn more land into redevelopment land-and yes, we're
supposed to be creating increment and supposed to be creating industry and
jobs-but we're also moving property tax from the general fund. She stated she
was not a fan of this for the two financial reasons that were just discussed.
Council Member/Commissioner Marquez requested that Mr. Marzullo explain
for the listening audience the lO-year extension for two areas-Central City
North and Meadowbrook/Central City.
Mr. Marzullo stated that they have 14 redevelopment areas in place now and
they have a lifespan, and the lifespans of those redevelopment areas are coming
to an end. If you allow them to mature to an end, you lose the opportunity to
take the redevelopment money and make the changes in those particular areas.
The other challenge is that some, or all of the areas, mayor may not qualify as
redevelopment areas-they may not be able to make a blight analysis criteria for
those.
Mr. Marzullo stated that to lose the two largest redevelopment revenue
generators from the city would be tragic in the sense that they wouldn't have the
dollars to keep moving. So the solution they crafted was to do a lO-year
extension by doing the merger. They buy 10 years of additional time in the
mergers and they get the ability to issue additional debt and create additional tax
increment to do physical improvements and rid the city of blight.
Council Member/Commissioner Marquez made a motion, seconded by Council
Member/Commissioner Shorett, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. CDC/2010-66
was adopted with Kelley voting "no" and Desjardins and Brinker absent.
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R33. Redevelopment Agency of the City of San Bernardino Policy regarding
Freeway Oriented Electronic Message Signs
RES. CDC/2010-67 - 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 implement the proposed policy regarding
Freeway Oriented Electronic Message Signs.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Marquez, that said resolution be adopted.
Resolution No. CDC/2010-67 was adopted with Kelley voting "no" and
Desjardins and Brinker absent.
R34. Transfer of Bond Reserves Asset Management Services to Citizens Trust
RES. CDC/2010-68 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Redevelopment Agency of the City of San Bernardino to transfer Bond
Reserves Asset Management Services to Citizens Trust.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2010-68 was adopted with Desjardins and Brinker absent.
R35. Weka, Inc. - Approval of final Change Order No.2, Release of Retention,
Filing and Recordation of Notice of Completion for Public Works
Construction Contract with Weka, Inc., for the Relocation and
Construction of the Sanitary Sewer Line for the State Courthouse Project
(Central City East Redevelopment Project Area)
RES. CDC/2010-69 - Resolution of the Community Development
Commission of the City of San Bernardino approving the final Change
Order, Release of Retention and authorizing the Interim Executive Director
of the Redevelopment Agency of the City of San Bernardino ("Agency") to
execute, file, and cause to have recorded the Notice of Completion for the
Public Works Construction Contract by and between the Agency and Weka,
Inc. (Central City East Redevelopment Project Area).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. CDC/2010-69 was adopted with Desjardins and Brinker absent.
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R36. Owner Participation Agreement with University Park Promenade and
Shops, LLC and the Redevelopment Agency of the City of San Bernardino
(State College Redevelopment Project Area)
RES. CDC/2010-70 - 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 Property Owner Participation
Agreement by and between the Agency and University Park Promenade and
Shops, LLC ("Participant"), for the installation of public improvements in
the public rights-of-way of Northpark Boulevard and University Parkway
located within the State College Redevelopment Project Area.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. CDC/2010-70 was adopted with Desjardins and Brinker absent.
R37. RES. CDC/2010-65 - Resolution of the Community Development
Commission of the City of San Bernardino adopting an amended Conflict of
Interest Code and rescinding Resolution No. CDC/2008-37.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2010-65 was adopted unanimously.
38. RES. 2010-396 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the first amendment to the Lease Agreement
with the YMCA of the East Valley originally authorized by Resolution No.
2005-222.
Public Comments
Jack Avakian, YMCA of the East Valley, San Bernardino, CA.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2010-396 was adopted with Desjardins and Brinker absent.
39. RES. 2010-397 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odium & Haws and the City of San
Bernardino in the case of San Bernardino City Professional Firefighters;
Brian Crowell; and Byron Kuhn v. City of San Bernardino; San Bernardino
City Civil Service Board; San Bernardino Fire Department; Fire Chief
Michael Conrad; Does 1-10, inclusive.
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Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2010-397 was adopted with Kelley voting "no" and Desjardins and
Brinker absent.
38. Public Comments
City Attorney Penman noted that restaurants are included in the deemed
approved ordinance; and he stated that his office had conferred with the San
Bernardino County Health Department and they had informed his office that
they have not seen any problems with restaurants in terms of the deemed
approved ordinance. He stated that his staff also looked at their past
prosecutions for violations of various City codes that would be relevant to the
deemed approved ordinance, and they saw no prosecutions there. He stated that
he had asked Henry Empefio to prepare an amendment to the deemed approved
ordinance to present to the Legislative Review Committee that would remove
restaurants from the deemed approved ordinance except those that are acting as
nightclubs. In fact, they will be removed also, but they will still be prosecuted
if they perform as a nightclub instead of a restaurant when they are only
licensed to be a restaurant.
Tony Trozera, San Bernardino, CA, stated that he had heard Mr. Penman state
that restaurants would be removed from the deemed approved ordinance;
however, he still wanted to speak regarding his concerns with City of San
Bernardino Ordinance No. MC-1323, the deemed approved ordinance.
Mayor Morris noted that said ordinance was aimed primarily at problematic
liquor stores throughout the city and staff would refine the ordinance to make it
applicable to those particular businesses of concern.
Warner Hodgdon, San Bernardino, CA, spoke regarding several events that
took place during the term of former Mayor Bob Holcomb and thanked Council
Member Shorett for his proposal to name the Council chambers after the former
mayor.
Paul Sanborn, San Bernardino, CA, suggested naming a school site after
former Mayor Holcomb and asked the Mayor to try and get Bally's into the old
Stater Bros. store on 40th Street.
James Smith, San Bernardino, CA, stated that it had been a great bicentennial
year, commended Mayor Morris and Rabbi Cohn for their comments at former
Mayor Holcomb's services, and noted that the National Orange Show would be
celebrating its 100th birthday on February 5, 2011.
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12/20/2010
39. Adjournment
At 7:04 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for Monday, January 10, 2011.
RACHEL G. CLARK
City Clerk
By: ~!~l 4V
Deputy City Clerk
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