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HomeMy WebLinkAbout08-01-2011 Jt Reg MinutesC Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Virginia Marquez Members, N. "D "Street Robert D. Jenkins San Bernardino, CA 92418 Tobin Brinker Website: www.sbcity.org Fred Shorett Chas Kelley Rikke Van Johnson Wendv McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 1, 2011 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 1, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Councilman -elect Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: None. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Ballard, et al. v. City of San Bernardino, et al. - United States District Court, Case No. CVIO-02769 DMG (AJWx). 1 08/01/2011 C Al 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: American Traffic Solutions v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. 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. Prior to adjourning the meeting, City Attorney Penman announced that his office had received information that required closed session discussion regarding the following case: Willie Mason, Sr. v. City of San Bernardino, et al. - United States District Court, Case No. EDCV 10 00504 VAP - Federal District Court, Los Angeles 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 Deacon Alan Butler of the Mt. Whitney Baptist Church in Lone Pine, California, father of Councilman -elect Robert Jenkins. Nancy Reyes, a friend of Mr. Jenkins, sang the National Anthem; and the pledge of allegiance was led by Kristen Stringer, a seventh grade student at Colonel Joseph C. Rodriguez Prep Academy and neighbor of Mr. Jenkins. 2 08/01/2011 u Swearing -In Ceremony A swearing-in ceremony was held for newly -elected Council Member Robert Jenkins, followed by a reception. 2. Appointment - Amelia S. Lopez - Planning Commission - Council Member Jenkins Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the appointment of Amelia S. Lopez to the Planning Commission, as requested by Council Member/Commissioner Jenkins, be approved. The motion carried unanimously. 3. Proclamations & Presentations City Manager McNeely presented graduation certificates to the graduates of the City's first Citizens Academy. Council Member/Commissioner McCammack presented a Certificate of Commendation to members of the American Legion Auxiliary Richard O. Reed Unit 777 District 25 in recognition of dedicated service to the affairs of the community and for the civic pride demonstrated by numerous deeds for the benefit of all the citizens of San Bernardino. She also presented a proclamation of the Common Council commending and congratulating Sharon Brouse, who helped start the American Legion Auxiliary Unit 777 over 20 years ago and recently received the 2010-2011 American Legion Auxiliary Department of California Unit Member of the Year award. 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 and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated August 1, 2011, be waived. The motion carried unanimously. 3 08/01/2011 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: May 16, 2011. The motion carried unanimously. 7. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated July 18, 2011, 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 Shorett, that the personnel actions, as submitted by the ,P,. Chief Examiner, dated July 28, 2011, 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. ORD. MC -1361 - Ordinance of the Mayor and Common Council of the City of San Bernardino adding Chapter 8.83 to the San Bernardino Municipal Code regarding accountability for social hosts of minors. FINAL READING (Continued from July 18, 2011) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said ordinance be adopted. Ordinance No. MC -1361 was adopted unanimously. 10. RES. 2011-236 - Resolution of the Mayor and Common Council of the City of San Bernardino to increase the City Attorney's office budget by $6,000.00 to pay for outside counsel in Donald Sipple, et al., v. City of Alameda, et al., Los Angeles County Superior Court, Case No. BC 462270 and amending the City's FY 2011/2012 budget to reflect the increase. It was noted that the funds would come from General Fund reserves. Council Member/Commissioner Marquez made a motion, seconded by Council Member/ Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-236 was adopted unanimously. 4 08/01/2011 11. RES. 2011-237 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Retainer Agreement between Phillips & Cohen LLP, Day Pitney LLP and the City of San Bernardino for legal services in the case of United States and State of California et al. Ex rel. Hendrix v. J -M Manufacturing Co., et al., Case No.: ED CV06-0055-GW. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-237 was adopted unanimously. 12. RES. 2011-238 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election held on the 12th day of July 2011, declaring the results thereof and setting forth such other matters as are provided by law. 0 Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-238 was adopted unanimously. 13. ORD. MC -1362 - An ordinance of the City of San Bernardino amending Chapter 19.14 (Freeway Corridor Overlay District), Sections 19.14.030 of the San Bernardino Municipal Code (Development Code) related to Landscape and Building Setback Development Standards. FINAL READING (Continued from July 18, 2011) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said ordinance be adopted. Ordinance No. MC -1362 was adopted unanimously. 14. ORD. MC -1363 - An ordinance of the Mayor and Common Council of the City of San Bernardino amending Sections 5.04.370, 5.04.495, 19.02.050, 19.06.030(2)(N) and Chapter 19.70 of the Municipal Code to permit food carts subject to specified location criteria and community gardens with 0 produce stands by temporary use permits. FINAL READING (Continued from July 18, 2011) 5 08/01/2011 N Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be adopted. Ordinance No. MC -1363 was adopted unanimously. 15. ORD. MC -1364 - An Ordinance of the City of San Bernardino providing for the reinstatement and continuation of the powers of the Redevelopment Agency of the City of San Bernardino. FINAL READING (Continued from July 18, 2011.) Council Member/Commissioner McCammack stated that she would abstain on this item because the Uptown Redevelopment Project Area' is mentioned throughout the document and she owns property in that project area. She left the Council Chambers and returned after the vote was taken. Public Comments: Warner Hodgdon, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that said ordinance be adopted. Ordinance No. MC -1364 was adopted with McCammack abstaining. 16. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of agreements and issuance of annual purchase orders to Allstar Fire Equipment in the amount of $60,000 and Fisher Scientific Company L.L.C. in the amount of $10,000 for replacement of protective clothing and equipment for structural firefighting. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/ Commission meeting of August 15, 2011. The motion carried unanimously. 17. RES. 2011-239 - Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and Western Regional Little League Baseball Inc., for financial assistance from the Civic and Promotion Fund. Public Comments: Jim Smith, San Bernardino, CA. ,o Joe Ortiz, San Bernardino, CA. 6 08/01/2011 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-239 was adopted unanimously. (Note: This resolution was subsequently rescinded and a new Resolution No. 2011-245 adopted in its place at the Council/Commission meeting of August 15, 2011.) 18. RES. 2011-240 - Resolution of the Mayor and Common Council of the City of San Bernardino entering into an agreement between City of San Bernardino and Omnitrans for one-time funding for a College Free Pass Pilot Program for 2011-2012 academic year. Council Members/Commissioners Brinker, Kelley, and McCammack stated that they would abstain because they have children who will be attending local colleges. They left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Marquez made a motion, seconded by Council Member/Commissioner Jenkins, that the Director of Finance be authorized to amend the FY 2011-2012 budget and appropriate $141,765 to Account No. 111- 100-5502-0016; and that said resolution be adopted. The motion carried and Resolution No. 2011-240 was adopted with Brinker, Kelley, and ,* McCammack abstaining. 19. Public Hearing - Resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees RES. 2011-235 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2011-235 was adopted unanimously. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. (Continued from July 18, 2011) 7 08/01/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of August 15, 2011. The motion carried unanimously. 21. RES. 2011-241 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2011 through June 30, 2016. (Continued from July 18, 2011.) Council Member/Commissioner McCammack stated she would like the City Manager to research the Prop 172 money relative to it being a funding source to the County and a possible audit of whether any of that money is being paid back to the City. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-241 was adopted unanimously. It was noted that a speaker's slip had been submitted on this item. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Jenkins, that Agenda Item No. 21 be reconsidered. The motion carried unanimously. Public Speaker: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Jenkins that said resolution be adopted. Resolution No. 2011-241 was adopted unanimously. 22. San Bernardino Beautification Program Assistant City Manager Andrea Travis -Miller provided a comprehensive overview of the information contained in the staff report for the proposed San Bernardino Beautification Program, noting that a component of the program would be a City-wide cleanup day scheduled for September 10, 2011. She was joined by staff members Kevin Hawkins, Director of Parks, Recreation and Community Services; Margo Wheeler, Director of Community Development; Charles Carter, Sr. Code Enforcement Officer; and Tony Frossard, Operations and Maintenance Division Manager, Public Works Department, who provided 8 08/01/2011 information on various projects that have been identified for a year-long task of addressing the City's image and cleaning and maintaining those areas that need attention. It was noted that seed money would be needed from the City in the amount of $45,000 to fund the City-wide cleanup day and that these funds are available in the City's Civic and Promotional Fund, with the goal being to recover these costs. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Marquez, that the Mayor and Council review and discuss the San Bernardino Beautification Program; that the Director of Finance be authorized to amend the FY 2011-2012 budget and appropriate $45,000 from Account No. 001-090-5186-0000-0052 to Account No. 772-120- 2467-0000; and that staff be directed to move forward with sponsoring the September 10, 2011 City-wide Clean-up Day. The motion carried unanimously. 23. San Bernardino Hometown Heroes Military Banner Program Council Member/Commissioner Johnson advised that cities throughout the State of California have adopted military banner programs, and at the last Council meeting Council Member/Commissioner Brinker shared that he had visited the city of Corona and saw the banners proudly flying in that city. He stated that prior to that, he and Council Member/Commissioner Marquez had been meeting and talking about how the Council could bring a military banner program into the City of San Bernardino, and today they were presenting the initial phase of the San Bernardino Hometown Heroes Military Banner program. He stated that the San Bernardino Hometown Heroes Military Banner program will recognize the brave men and women of San Bernardino currently serving in the United States Armed Forces. The personalized banners will be displayed on light poles up and down major streets throughout the city to honor, celebrate, and remind residents of the dedication of our hometown heroes to our country. Council Member/Commissioner Johnson stated that following discussion he would like to make a motion that they send this to an ad hoc committee consisting of Council Members/Commissioners Marquez, Shorett (because he has served in the military) and himself. Council Member/Commissioner Jenkins made a motion, seconded by Council Member/Commissioner Brinker, to establish an ad hoc committee consisting of Council Member/Commissioner Johnson as chair and Council Members/ Commissioners Marquez and Shorett as members, and refer the matter of a Hometown Heroes Military Banner Program to them. (No vote was taken.) 9 08/01/2011 Council Member/Commissioner McCammack stated that based on a recommendation from one of her constituents, she had been working over the past three or four months to obtain pricing for such a program—at least for 70 poles, which would equate to 10 poles per ward. She also found some City employees who were willing to volunteer their time to dig the holes and pour the concrete in soil. She got some pricing and a parameter of what they might be looking at in terms of sponsorships, because there were several folks who indicated they were willing to offer some private sponsorships. She stated that overall it looks like the program (figuring 10 poles per ward) is going to cost approximately $43,750—and up to $47,250 for the whole program. That included the flags, the 14 -foot poles that were painted, the clips that hold the flags, and installation, including some of the volunteer efforts. She stated that she had obtained that quote from a local vendor, based on quantities of 20 poles or more. Ms. McCammack stated that she hoped they would choose a local vendor to supply the materials and look at employees, such as the "orange -shirt group," that are willing to volunteer their efforts. Also, neighborhood watch and neighborhood cluster associations may be willing to volunteer. She also suggested that they look to the veterans organizations that currently exist in town instead of just a flat application process. Council Member/Commissioner Brinker stated that he had hoped they could get something done prior to 9/11, since it will be the 10' anniversary. He stated that he had thought they would be using existing poles and asked Ms. McCammack for more information regarding her thought on this. He also questioned whether any staff person had been assigned to work on this program along with the committee. Ms. McCammack stated that her constituent, Mr. Albert, who had suggested this program to her, had actually identified a spot in the Seventh Ward that was not being properly maintained, and the thought was that if a certain amount of poles were assigned to that specific area, it would be more likely that it would be properly maintained. Also, it is kind of a segue to certain areas in the city that are traveled a lot by folks that do not necessarily live here. Council Member/Commissioner Johnson stated that he and Ms. Marquez had talked about trying to get the banners in place prior to 9/11—that was one of their goals—but they looked at the importance of the program and decided that to do it properly would take time and proper planning. They felt it was too important to rush, and just did not see it happening before 9/11. Council Member/Commissioner McCammack asked if any of her colleagues would mind if she at least started it in the Seventh Ward as a pilot program without any rules, and then once there are some rules they would comply. 10 08/01/2011 Council Member/Commissioner Johnson stated that for consistency he had a problem with that, because you want a consistent program spread throughout the city. Mayor/Chairman Morris suggested that Ms. McCammack meet with the committee. Council Member/Commissioner Shorett stated that since Ms. McCammack has put so much work into this, he would be more than willing to have Ms. McCammack serve on the committee instead of him. Council Member/Commissioner Shorett made a substitute motion, seconded by Council Member/Commissioner Brinker, to establish an ad hoc committee consisting of Council Member/Commissioner Johnson as chair and Council Members/Commissioners Marquez and McCammack as members, and refer the matter of a Hometown Heroes Military Banner Program to them. The motion carried unanimously. Council Member/Commissioner Kelley suggested that the committee seriously consider all of the major corridors throughout the City. Qom- Council Member/Commissioner Johnson stated that each Council member knows their ward, so their input will be vital as to where they would like to see these banners in their wards. Council Member/Commissioner Jenkins stated that it would be his hope that they could honor gold star families in San Bernardino who have paid the sacrifice on the war on terror. He would like to see that added to the qualifications to honor those who paid the ultimate sacrifice. 24. Item deleted COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack; Sr. Assistant City Attorney Easland; Economic Development Agency Director of Administrative Services Teri Baker and Agency Counsel Sabo; City Clerk Clark. Absent: None. 11 08/01/2011 R25. Ca1PERS Pre -Tax Payroll Deduction plan for employee service credit purchases RES. CDC/2011-52 - Resolution of the Community Development Commission of the City of San Bernardino implementing provisions of the Internal Revenue Code Section 414(H)(2) for miscellaneous employees and authorizing a pre-tax payroll deduction plan for service credit purchases. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the Community Development Commission of the City of San Bernardino adopt said resolution subject to the clarification and understanding that all such contributions specified therein shall be made solely by the employee and not by the Agency, which is not, under any circumstances, to provide the benefits conferred upon Agency employees pursuant to said resolution for the use by the employee of "before tax dollars" for such employee funded contributions. The motion carried and Resolution No. CDC/2011-52 was adopted unanimously. R26. Amendment No. 1 to the construction contract with Phillips Construction, Inc., for the Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II - various locations Citywide RES. CDC/2011-53 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the construction contract by and between the Agency and Phillips Construction, Inc. ("Contractor") for the construction of Americans with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II - Various locations Citywide (40"' Street, South Valle and Northwest Redevelopment Project Areas). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-53 was adopted unanimously. R27. Amendment No. 1 to the Agreement for Professional Services with Joseph E. Bonadiman and Associates, Inc. for the Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area) 12 08/01/2011 Ar A RES. CDC/2011-54 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the Agreement for Professional Services by and between the Agency and Joseph E. Bonadiman and Associates, Inc. ("Consultant") for professional design and engineering services for Northpark Boulevard and University Parkway Street Improvements Project (State College Redevelopment Project Area). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-54 was adopted unanimously. R28. Salvation Army - Regarding the acceptance and conveyance of properties RES. CDC/2011-55 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the transfer of the Salvation Army properties from the Redevelopment Agency of the City of San Bernardino ("Agency") to the San Bernardino Economic Development Corporation ("SBEDC") pursuant to the approval of the transfer of all real property assets of the Agency to the SBEDC on March 17, 2011 in accordance with the Project Funding Agreement (CDC/2011-9). City Attorney Penman advised that he and his office had declared a conflict on this item because his wife is a member of the board of the Salvation Army. He stated that Agency Counsel Sabo had reviewed and signed the resolution. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-55 was adopted with McCammack abstaining. 29. Public Comments Betty Jean Long, San Bernardino, CA, welcomed new Council Member Robert Jenkins and spoke regarding the relationship that now exists between China and the United States. Joe Ortiz, San Bernardino, CA, spoke regarding what he expects from his elected officials. Warner Hodgdon, San Bernardino, CA, stated that he had submitted a speaker's slip on Agenda Item No. 18—the Omnitrans issue—that was possibly overlooked. He stated that he knows how good the free ride for local college students is, but he also sees the other side of the issue that when somebody's old 13 08/01/2011 C enough to go to a university, they ought to be able to figure out how to get there and study without getting a free ride. He stated that the City needs to be careful how it spends its money. Mr. Hodgdon was informed by City Attorney Penman that under the California open meeting law—the Brown Act—he has a right to have his comments on Item No. 18 heard before the Council votes. They have already voted and the Mayor has kindly allowed him to speak on it, but the Council can reconsider it and then vote again now that they have heard him, unless he is willing to waive that right. Mr. Hodgdon indicated that he had said what he wanted to say and he would waive his right to speak on the matter. He just wanted to make the point that we need to be more wise on how we are spending our money. Mr. Hodgdon also spoke regarding the airport and the ordinance for reinstatement and continuation of power of the Redevelopment Agency. The following individuals—members of the Save St. Anthony School Coalition, teachers from St. Anthony School, and concerned parents and students—spoke regarding the closure of St. Anthony School and asked the Mayor and Council for their help: Karli Tanner, Highland, CA; Teashia Lopez, San Bernardino, CA; Rhiauna Monreal, San Bernardino, CA; Sister Margaret, San Bernardino, CA; Sister Betty, San Bernardino, CA; Corinthia Williams, San Bernardino, CA; Crystal Rodriguez, San Bernardino, CA; Letty Rodriguez, San Bernardino, CA; Aniz Rodriguez, San Bernardino, CA; Christian Rodriguez, San Bernardino, CA; Bronique Martindale, San Bernardino, CA; Rev. Bronica Martindale, San Bernardino, CA; David Aguirre. Mayor/Chairman Morris noted that the Mayor and Council have no authority over the matter; however, they could consider drafting a resolution of support for the school. Council Member/Commissioner Johnson stated that he would like to get the resolution done by the coming weekend. 14 08/01/2011 CW Warner Hodgdon stated that across the street is the Hardy Brown Charter School which has been very successful, and suggested that they could consider turning St. Anthony's into a 501(C)(3), rent it for a dollar from the Diocese, and form a charter school. That way the school district would pay for it like it does all other charter schools. It was noted that anyone wanting to support St. Anthony School could make contact at www.save-st-anthony-school.com or by writing 1510 W. 16`' Street, San Bernardino, CA 92411. James Penman, City Attorney, spoke regarding an e-mail that had been sent to approximately 6,000 registered voters in the city of San Bernardino by David McKenna, candidate for City Attorney, in which Mr. McKenna claimed that The Committee to Elect James F. Penman accepted a donation of $8,605 in campaign funds from The Colonies indirectly. Mr. Penman stated that this was absolutely false and demanded that Mr. McKenna send a correction to those same individuals who received the original email. Jim Smith, San Bernardino, CA, welcomed new Council Member Jenkins; stated he was excited about the military banner program and hoped citizens would be allowed to serve on the committee; and announced several local events including programs to be held by both the Native Sons of the Golden West and the Elks recognizing the tenth anniversary of 9/11. 30. Adjournment The meeting adjourned at 6:59 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, August 15, 2011. RACHEL G. CLARK City Clerk By: &,,,4, G • J Linda E. Hartzel CJ Deputy City Clerk 15 08/01/2011