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HomeMy WebLinkAbout01-09-2012 Jt. Reg Mtg. Minutes SARDI�o City of San Bernardino Mayor Patrick J. Morris SP �. 300 North "D" Street Council Members ° o San Bernardino CA 92418 Virginia Marquez �u Robert D. Jenkins http://www.sbcity.org Tobin Brinker p' Fred Shorett LWDED IS Chas A. Kelley Rikke Van Johnson Wendy McCammack MINUTES JOINT REGULAR MEETING MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO MONDAY, JANUARY 9, 2012 O 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 Patrick J. Morris at 1:36 p.m., Monday, January 9, 2012, in the Council Chambers, 300 North "D" Street, San Bernardino, CA. Roll Call Attendee Name Title Status Arrived Patrick J. Morris Mayor Present Virginia Marquez Council Member, Ward 1 Present Robert D. Jenkins Council Member, Ward 2 Present Tobin Brinker Council Member, Ward 3 Present Fred Shorett Council Member, Ward 4 Present Chas A. Kelley Council Member, Ward 5 Present Rikke Van Johnson Council Member, Ward 6 Present Wendy J. McCammack Council Member, Ward 7 Present James F. Penman City Attorney Present Mayra Ochiqui City Clerk Present GCharles McNeely City Manager Present Mayor and Common Council ofthe City of San Bernardino Page 1 Printed 1/1111012 Joint Regular Meeting MINUTES January 9, 2012 1. Closed Session CPursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation -pursuant to Government Code Section 54956.9(a): Samuel Aguirre v. City of San Bernardino - San Bernardino Superior Court, Case No. CLADS 100971; E. C., a minor, by and through his Guardian Ad Litem Maria Chacon v. City of San Bernardino, et al. - Case No. CV 11-02919CAS (DTBx); Coradine Johnson v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1005498; Sipple, et al. v. City of Alameda, et al. - Los Angeles Superior Court, Case No. BC 462270; Western Oilfields Supply Company, Inc. dba Rain For Rent v. Miramontes Construction Co., Inc., et al. - San Bernardino Superior Court, Case No. CIVDS 1112867; O City of San Bernardino Municipal Water Department v. Miramontes Construction Company, - San Bernardino Superior Court, Case No. CIVDS 1113200. 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. 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 0 54956.8. Mayor and Common Council ojthe City of San Bernardino Page 2 Printed 111112012 Joint Regular Meeting MINUTES January 9, 2012 City Attorney Penman announced that the following additional case would be discussed in closed session under Agenda Item No. 1 C, initiation of litigation: City of San Bernardino v. unnamed defendant. Reading of Resolutions and Ordinances Deputy City Clerk Hartzel read into the record the titles of all 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 in memory of former State Senator Ruben Ayala. Invocation/Pledge of Allegiance The invocation was given by Reverend Fred Adams of The Rock Church. The pledge of allegiance was led by Araceli Munoz, a sixth grade student at Bradley Elementary School. 2. Appointments A. Mayor's Office Appointment of George Gastel to the Senior Affairs Commission - Council Member Jenkins Motion: Approve the appointment of George Gastel to the Senior Affairs r^ Commission as requested by Council Member Jenkins. RESULT: ADOPTED [6 TO 01 MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack AWAY: Chas A. Kelley B. Mayor's Office Appointment of Deborah Sterner Matley to the Parks and Recreation Commission - Council Member Jenkins Motion: Approve the appointment of Deborah Sterner Matley to the Parks and Recreation Commission as requested by Council Member Jenkins. RESULT: ADOPTED [6 TO 01 MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack QAWAY: Chas A. Kelley Mayor and Common Council of the City of San Bernardino Page 3 Printed//!//20/2 Joint Regular Meeting MINUTES January 9, 2012 C. Mayor's Office Appointment of John M. Matley to the Bureau of Franchises - Council Member Jenkins. Motion: Approve the appointment of John M. Matley to the Bureau of Franchises as requested by Council Member Jenkins. RESULT: ADOPTED 16 TO 01 MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Brinker, Shorett, Johnson, McCammack AWAY: Chas A. Kelley j 3. Presentations A. Resolution Commending the 75th Anniversary of Stater Bros. Mayor Morris presented a Resolution of Commendation to Stater Bros. and Jack H. Brown for their 75 years of commitment and dedication to the City of San Bernardino. B. SbX Construction Briefing Presentation -Westbound Communications Robert Chevez from Westbound Communications and Milind Joshi from Omnitrans provided a brief update of the"E" Street Corridor Bus Rapid Transit Project. C. Chamber of Commerce Announcements Chamber of Commerce announcements were presented by Ron Coats. 4. Announcements Announcements were made by the Mayor, members of the Common Council, and elected officials regarding various civic/community events and activities. 5. Consent Calendar A. City Clerk Waive Full Reading of Resolutions and Ordinances Motion: Waive full reading of resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated January 9, 2012. Mayor and Common Council ofthe City of San Bernardino Page 4 Printed 1/1112011 Joint Regular Meeting MINUTES January 9, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkms, Brinker, Shorett, Kelley, Johnson, McCammack B. City Clerk Council Minutes Motion: Approve the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission as submitted: October 17, 2011 and November 7, 2011. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack C. Civil Service Personnel Actions - Classified Discussion ensued regarding vacancies in the Fire Department and the consensus was to hold all promotions until after budget discussions. Henry Empeiio, Senior Deputy City Attorney, submitted into the record an email addressed to Community Development Director Margo Wheeler dated October 19, 2011, and an email addressed to City Manager Charles McNeely and Assistant City Manager Andrea Travis-Miller, dated November 16, 2011, regarding Contract Principal Planner Mario Suarez. Public Comments: Matt Korner, San Bernardino, CA; Wendy McCammack, San Bernardino, CA; Jim Penman, San Bernardino, CA. Motion: Approve and ratify all classified personnel action appointments, as submitted by the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, except for Item No. 9. O Mayor and Common Council of the City of San Bernardino Page 5 Printed 1/11/2012 Joint Regular Meeting MINUTES January 9, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson,McCammack Motion: Approve and ratify all Police Department promotions, as submitted by I the Chief Examiner, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Motion: Continue Item No. 1 to January 23, 2012. RESULT: CONTINUED [6 TO 11 Next: 1/23/2012 1:30 PM MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Kelley, Johnson, McCammack NAYS: Fred Shorett Motion: Continue Item No. 9 to January 23, 2012. RESULT: CONTINUED [5 TO 21 Next: 1/23/2012 1:30 PM MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Shorett, Kelley, McCammack NAYS: Tobin Brinker, Rikke Van Johnson D. Community Development MC-1368 An Ordinance of the Mayor and Common Council of the City of San Bernardino Repealing Chapter 17.07 and Amending Chapter 19.28 of the Municipal Code to Update Plan Review Procedures and Water Conservation Standards. (FINAL READING) (Continued from December 19, 2011) Motion: Adopt Ordinance. Mayor and Common Council ofthe City of San Bernardino Page 6 Printed 111112012 Joint Regular Meeting MINUTES January 9, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins,Brinker, Shorett, Kelley, Johnson, McCammack E. Finance Approval of Commercial Checks and Payroll Checks Motion: Approve the claims and payroll and authorize the issuance of warrants as listed. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack F. Human Resources Establishment of Salaries for Police Department Ranges P-1, P-2, P-3, P-4, P-5, P-6, P-7 & Law Enforcement Trainee, Effective August 1, 2011. Motion: Establish salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant), P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Chief), P-7 (Chief) and Law Enforcement Trainee, effective August 1, 2011; and authorize the Director of Human Resources to amend Resolution No. 6429 to reflect the above action. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack G. Human Resources Personnel Actions - Unclassified Motion: Approve and ratify the unclassified personnel actions, as submitted by the Director of Human Resources, in accordance with City, Community Development Commission and Economic Development Agency policies and procedures. Mayor and Common Council ofthe City of San Bernardino Page 7 Printed 111112012 Joint Regular Meeting MINUTES January 9, 2012 1 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack H. Human Resources RES-2012-3 Resolution of the Mayor and Common Council of the City of San Bernardino Appointing Specific Directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 I SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack 1. Parks,Recreation & Community Services .— RES-2012-10 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City Manager to Execute Memorandum of Understanding by and Between Disabled American Veterans San Bernardino Chapter 12 and the City of San Bernardino Parks, Recreation and Community Services Department to Allow the Construction, Operation, and Maintenance of a Community Garden at Speicher Park for Disabled Veterans and City Residents. Term of This Agreement is from January 10, 2012 through December 30, 2012,with the Option of Five (5) Single Year Extensions. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack J. Police RES-2012-4 Resolution of the Mayor and Common Council Authorizing the Execution of Amendment No. 4 to the Agreement for Crossing Guard Services with All City Management Services for a Crossing Guard Position at Victoria Elementary School (Redlands Unified School District). QMotion: Adopt Resolution. Mayor and Common Council of the City of San Bernardino Page 8 Printed 111112012 Joint Regular Meeting MINUTES January 9, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack K. Police RES-2012-5 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 1 to the Agreement for Crossing Guard Services with All City Management Services for Two Crossing Guard Positions at Belvedere Elementary School. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett,Kelley, Johnson, McCammack 1.. Police RES-2012-6 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. I to the Crossing Guards Service Agreement with the Rialto Unified School District for the Operation of the School Crossing Guard Program at Myers Elementary School and Kelley Elementary School by the Police Department. Council Member/Commissioner Brinker abstained because he is employed by the Rialto Unified School District. Motion: Adopt Resolution. RESULT: ADOPTED [6 TO O] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Shorett, Kelley, Johnson, McCammack ABSTAIN: Tobin Brinker M. Police RES-2012-7 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 2 to the San Manuel Policing District Agreement. Mayor and Common Council of the City of San Bernardino Page 9 Printed 1/1172012 Joint Regular Meeting MINUTES January 9, 2012 Council Member/Commissioner McCammack abstained because San Manuel is a client of her business. Motion: Adopt Resolution. RESULT: ADOPTED 16 TO 01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack N. Police RES-2012-8 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the Execution of Amendment No. 4 to the Agreement for Crossing Guard Services with Redlands Unified School District for Crossing Guard Position at Victoria Elementary School. Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 %low AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack O. Police RES-2012-9 Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to Execute Amendment No. 6 to the Services Agreement with the San Bernardino City Unified School District for the Operation of the School Crossing Guard Program by the Police Department. Council Member/Commissioner McCammack abstained because the San Bernardino Unified School District is one of her clients. City Attorney Penman declared a conflict as his wife is a member of the school board. Motion: Adopt Resolution. O Mayor and Common Council ofthe City of San Bernardino Page 10 Printed//1720!1 Joint Regular Meeting MINUTES January 9, 2012 RESULT: ADOPTED 16 TO 01 MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 6. Committee Consent A. City Attorney An Ordinance of the Mayor and Common Council of the City of San Bernardino Amending San Bernardino Municipal Code Section 8.69.090 Regarding Possession of Graffiti Tools by Juveniles. (FIRST READING) Motion: Lay over Ordinance for final adoption. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack B. Fire RES-2012-11 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing the City of San Bernardino to Enter into an Agreement with the City of Los Angeles for the Purpose of Accepting and Administering the FY 2009 Regional Catastrophic Preparedness Grant Program. Motion: Authorize the Director of Finance to amend the FY 2011/12 budget to receive grant funds; and adopt Resolution. - --------- RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Mayor and Common Council ofthe City of San Bernardino Page 11 Printed 111112012 Joint Regular Meeting MINUTES January 9, 2012 7. Public Hearings to be Heard at 4:00 p.m. `.r A. City Manager RES-2012-1 Resolution of the Mayor and Common Council of the City of San Bernardino Amending the 2011/2012 Housing and Urban Development Action Plan to Augment the City's Streetlight Repair/Replacement Project (#01) and Provide Additional Public Service Funds to Legal Aid Society of San Bernardino (#02) and Authorizing the Finance Director to Transfer Funds Within the Fiscal Year 2011/2012 Budget. Mayor/Chairman Moms opened the hearing. Pursuant to Resolution No. 2000-279, Assistant City Clerk Ochiqui administered an oath to the following individual that she would provide true and honest testimony: Public Comments: Barbara Keough, Redlands, CA, attorney and member of the Board of Directors of the Legal Aid Society of San Bernardino, spoke in support of the item. Motion: Close hearing; and adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack B. Community Development An Ordinance of the City of San Bernardino Deleting Amendment MC 1356 and Amending Chapter 19.06 Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code), to Permit New Movie Theaters Not Otherwise Exempted by a Development Agreement, with an Auditorium of 3,000 Square Feet or Less and 200 or Fewer Seats, with No Limit of the Number of Screens in Any Theater Complex and Approving to Development Agreement No. 11-02 Between the City of San Bernardino and Regal Cinemas Inc. for a 14-Screen Movie Theater in Downtown San Bernardino. (FIRST READING) Mayor/Chairman Morris opened the hearing and announced that Agenda Item Nos. 7B through 7E would be discussed simultaneously. Henry Empeno, Senior Deputy City Attorney, orally read and distributed to the Mayor and Council a memorandum dated January 9, 2012, regarding Agenda Item Nos. 7(B), (C), (D) and (E) involving the Downtown Regal Cinema Project. He requested that the item be continued. A lengthy discussion ensued regarding the conditional use permit modification, the development code amendment, the development agreement, the lease, the CEQA analysis, the possibility of a CEQA lawsuit and indemnification. Mayor and Common Council ofthe City of San Bernardino Page 12 Printed 1/1112012 Joint Regular Meeting MINUTES January 9, 2012 Pursuant to Resolution No. 2000-279, Assistant to the City Clerk Ochiqui administered an oath to the following individuals that they would provide true and honest testimony: Public Comments made in opposition: Warner Hodgdon, San Bernardino, CA, submitted into the record a corrected memorandum addressed to the City Clerk, CDC and SBEDC-501-C3, dated Monday, November 21, 2011,which included a list of 13 attachments regarding the Regal Theater. Public Comments made in support: Jim Mulvihill, San Bernardino, CA; Debbie Ariola, San Bernardino, CA; Matt Korner, San Bernardino, CA; John Coute, San Bernardino, CA; Michael Duchesne, San Bernardino, CA; Cally Tat, San Bernardino, CA; Gustave Alvarez, San Bernardino, CA; Dolores Armstead, San Bernardino, CA; James Smith, San Bernardino, CA. Council Member/Commissioner Shorett made a motion, seconded by Council Member/ Commissioner Brinker, to close the hearing and lay over the Ordinance approving Development Code Amendment No. 11-11. The vote was taken following further discussion. Margo Wheeler, Director of Community Development, suggested adding the following language to the footnote of Table 06.01, List of Permitted Uses, Chapter 19.06 of the Municipal Code (Development Code): "A project with any single theater (regardless of others) having an auditorium. . ." Motion: Close hearing and lay over Ordinance approving Development Code Amendment No. 11-11, adding the following language to the footnote of Table 06.01: "Project with any single theater (regardless of others) having. . ." RESULT: ADOPTED [6 TO 01 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Tobin Brinker, Council Member, Ward 3 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack Mayor and Common Council ojthe City ojSan Bernardino Page 13 Printed 111112012 Joint Regular Meeting MINUTES January 9, 2012 C. Community Development An Ordinance of the City of San Bernardino Approving Development Agreement No. 11- 02 Between the City of San Bernardino and Regal Cinemas, Inc. at the Project Site Located at 450 North"E" Street (DA No. 11-02). (FIRST READING) Mayor/Chairman Morris opened the hearing. Motion: Table the matter. --— RESULT: TABLED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett,Kelley, Johnson, McCammack D. Community Development RES-2012-2 A Resolution of the Mayor and Common Council of the City of San Bernardino Approving Development Agreement No. 11-02 Between the City of San Bernardino and Regal Cinemas Inc. for a 14-Screen Movie Theater in Downtown San Bernardino. Mayor/Chairman Morris opened the hearing. OMotion: Close hearing and adopt Resolution approving Development Agreement No. 11-02. RESULT: ADOPTED [6 TO 01 MOVER: Fred Shorett, Council Member, Ward 4 SECONDER: Virginia Marquez, Council Member, Ward 1 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack E. Community Development A Proposal to Modify CUP 97-01, Approved by the Planning Commission on May 20, 1997, to Permit Development of a 20-Screen Theater Complex and 20,000 Sq. Ft. of Associated Retail and Restaurant Uses at the Northwest Corner of 4th and "E" Streets, in the CR-2, Commercial Regional Land Use District. the Proposed Modification Would Provide for 6 Auditoriums in the Existing 20-Auditorium Structure to be Re-Purposed to Provide 7,200 Sq. Ft. of Restaurant and Retail Space and 3,600 Sq. Ft. of Additional Live Entertainment Area and Support Space for the California Theater(CUP M 11-03). Mayor/Chairman Moms opened the hearing. © Motion: Close hearing and approve Conditional Use Permit Modification No. 11- 03 based on the Findings of Fact contained in the Staff Report and subject to the Conditions of Approval (Attachment C) as amended. Mayor and Common Council ofthe City of San Bernardino Page 14 Printed 111172011 Joint Regular Meeting MINUTES January 9, 2012 J RESULT: ADOPTED [6 TO 01 MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Fred Shorett, Council Member, Ward 4 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 8. Staff Reports A. City Attorney Resolution of the Mayor and Common Council of the City of San Bernardino Taking Certain Actions Pursuant to Health & Safety Code Section 34173 Declining to Serve as the Successor Agency and the Successor Entity to the Redevelopment Agency of the City of San Bernardino. Motion: Table the matter. RESULT: TABLED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Chas A. Kelley, Council Member, Ward 5 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack B. City Attorney RES-2012-12 Resolution of the Mayor and Common Council of the City of San Bernardino Taking Certain Actions Pursuant to Health & Safety Code Section 34173 Agreeing to Serve as the Successor Agency and the Successor Entity to the Redevelopment Agency of the City of San Bernardino. Discussion ensued regarding the dissolution of the Redevelopment Agency and whether the City should be serving as the Successor Agency/Successor Entity in order to "wind down" obligations such as payment of debts, fulfilling its contractual agreements, selling its property, etc. Public Comments: Warner Hodgdon, San Bernardino, CA. Motion: Adopt Resolution, with the deletion of Section 2. Mayor and Common Council ofthe City of San Bernardino Page 15 Printed 1/1112012 Joint Regular Meeting MINUTES January 9, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Chas A. Kelley, Council Member, Ward 5 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack Motion: Continue discussion of Section 2 of the Resolution to January 23, 2012. RESULT: ADOPTED [5 TO 21 MOVER: Virginia Marquez, Council Member, Ward 1 SECONDER: Robert D. Jenkins, Council Member, Ward 2 AYES: Marquez, Jenkins, Kelley, Johnson, McCammack NAYS: Tobin Brinker,Fred Shorett C. City Attorney RES-2012-13 Resolution of the Mayor and Common Council of the City of San Bernardino Authorizing Execution of a Contract with SPS Inc. to Provide Emergency Services to Design and Install Temporary Shoring and Permanent Repairs to Cracked Wooden Trusses and Repairs to a Corroded Metal Column at the Rudy C. Hernandez Community Center(PR04-020). Motion: Adopt Resolution. RESULT: ADOPTED [UNANIMOUS] MOVER: Rikke Van Johnson, Council Member, Ward 6 SECONDER: Wendy J. McCammack, Council Member, Ward 7 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack D. Community Development Request to Refer to Legislative Review Committee Potential Development Code Amendments Regarding Commercial Signage and Non-Conforming Uses and Buildings Council Member/Commissioner Kelley requested that staff work on illuminating the signs that are out along the 215 Freeway due to heavy winds. Motion: Refer the matter to the Legislative Review Committee. Mayor and Common Council of the City of San Bernardino Page 16 Printed 1/11/2012 Joint Regular Meeting MINUTES January 9, 2012 RESULT: ADOPTED [UNANIMOUS] MOVER: Wendy J. McCammack, Council Member, Ward 7 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson, McCammack 9. Community Development Commission A. Economic Development Agency Single-Family Residence Revitalization Program Third Quarter Report (July 1, 2011 through September 30, 2011). Motion: Receive and file the Quarterly Report of the Single-Family Residence Revitalization Program activities (July 1, 2011 through September 30, 2011) for the Redevelopment Agency of the City of San Bernardino. RESULT: ADOPTED [6 TO 01 MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez,Jenkins, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack B. Economic Development Agency Agency Loan Monitoring Quarterly Status Report for the Period Ending September 30, 2011 Motion: Receive and file the Loan Monitoring Quarterly Status Report for the period ending September 30, 2011 for the Redevelopment Agency of the City of San Bernardino. RESULT: ADOPTED [6 TO 01 MOVER: Tobin Brinker, Council Member, Ward 3 SECONDER: Rikke Van Johnson, Council Member, Ward 6 AYES: Marquez, Jenkins, Brinker, Shorett, Kelley, Johnson ABSTAIN: Wendy J. McCammack 10. Public Comments on Items Not on the Agenda Paul Sanborn, San Bernardino, CA, spoke about the firefighter's victory regarding their p lawsuit against the City; the high number of calls for service; and the fact that the department is down 14 positions that need to be filled. Mayor and Common Council of the City of San Bernardino Page 17 Printed 1/11/1011 Joint Regular Meeting MINUTES January 9, 2012 11. Adjournment The meeting adjourned at 11:01 p.m. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., January 23, 2012. GEORGEANN"GIGP'HANNA �O City Clerk By Linda Sutherland Deputy City Clerk Mayor and Common Council ofthe City ojSan Bernardino Page 18 Printed 1/1112012