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Home My WebLink About06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor PotriJ:k J. Morris Council Members: Esther Estrada De1l1lis J. Baxter Tobin Brinker Neil Derry Chils Kelley Rikke Van Johnson Wendy McCamnuJck ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 17, 2007 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 1:42 p.m., Monday, December 17, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Ron can Roll call was taken by City Clerk Clark with the following being present: Mayor/ Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Brinker. Council Member/Commi...~ioner Brinker Arrived At 2:25 p.m., Council Member/Commissioner Brinker arrived at the Council! Commission meeting. Council Member/Commissioner Derry Excused At 5:50 p.m., Council Member/Commissioner Derry left the Council/Commission meeting. I. Closed Session Pursuant to Government Code Section(s): 1 12/17/2fXY7 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Sibauste, Amanda Marie v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 142129; Zimmon, Garrett, Disability Retirement. 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: Negotiator: Linn Livingston, Human Resources Director Employee Organization: Fire Fighters Association Local No. 891 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional item would be discussed in closed session: Agenda Item No. 22. 2 12117/20fY7 City Attorney Penman announced that the following additional items were discussed in closed session: Filling the position of Director of Housing & Conununity Development; The performance of the Director of Parks, Recreation & Conununity Services. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Conunon Council and Conununity Development Commission. Moment of Silence Mayor Morris extended condolences to the families and requested a moment of silence in memory of Amy Ulloa, who worked for the City for a total of 25 years; Larry J. Graham, who worked as a detective for the Police Department for 17 years and as a funeral director for Bobbitt Memorial Chapel for 27 years; and Audie Rabb, a longtime conununity activist who worked with the Police Department on the Neighborhood Watch Program and the National Night Out event. Invocation/Pledge of Allegiance The invocation was given by Reverend David Randolph, Chaplain at San Bernardino Conununity Hospital, followed by the pledge of allegiance, led by Councilman Neil Derry . 2. Appointment - Paul Sanborn - Board of Fire Commissioners - Council Member McClImmack Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the appointment of Paul Sanborn to the Board of Fire Commissioners, as requested by Council Member/ Commissioner McCammack, be approved. The motion carried by the following vote: Ayes: Council Members/ Conunissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Presentations Following performances by harpist Lily Frame and guitarist Taylor Green, musicians from Cal State San Bernardino, Council Member/Commissioner Kelley presented them with Certificates of Recognition for their exceptional talent; and to Dr. Todd Johnson, Chair of the Music Department at Cal State, in acknowledgement of his exceptional music program at Cal State. 3 12/17/2rxY7 Council Member/Commissioner Kelley presented a Resolution of Commendation to Santa Claus in appreciation of his outstanding contributions to the citizens, and especially to the children, of the City of San Bernardino. Council Member/Commissioner Kelley presented a Resolution of Commendation to Sergeant Brad Lawrence in appreciation of his involvement with the Ho Ho Parade for the last ten years. Peggi Hazlett, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Gabe Homoloya Tom Marek Barbara Sladek Fire Information Technology Parks, Recreation and Community Services Police Police Police Department Years of Service 5 15 5 Douglas Heath Kyle Lundy Scott Matthews 5 15 5 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, 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 by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 4 12/17/2007 6. Council Minutes Couucil Member/Commissioner Brinker made a motion, seconded by Couucil Member/Commissioner Kelley, that the minutes of the following meeting(s) of the Mayor and Common Couucil/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: August 6, 2007; and October I, 2007, as amended, changing Couucil Member/ Commissioner Derry's vote to "no" on Agenda Item No. 35. The motion carried by the following vote: Ayes: Couucil Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated December 4, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Couucil Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. Persounel Actions Council Member/Commissioner Johnson made a motion, seconded by Couucil Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated December 13, 2007 (Revised 12/14/07) in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Couucil of the City of San Bernardino, be approved and ratified, as amended, referring the appointtnent of Carey Jenkins as Director of Housing & Community Development to the Redevelopment Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2007-475 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of an agreement retroactive to December 1, 2007 with William Holt for hearing officer and/or admini!<trative law officer services. Council Member/Commissioner Johnson made a motion, seconded by Couucil Member/Commissioner Baxter, that said resolution be adopted. 5 12/17/2007 Resolution No. 2007-475 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2007-484 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a consultant services agreement with Raphael Rawls for Operation Phoenix Community Liaison Services. Discussion ensued regarding funding, the selection process, and the duties of this position. Mr. Baude stated that this position had been approved by the Council and would be funded by Community Development Block Grant (CDBG) funds. He stated that this person would serve as a liaison for Operation Phoenix with the community and the school district to build relationships and enhance current programs. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted, amending the starting date in Section 3 of the Consultant Services Agreement from December 17,2007 to January 1,2008. Resolution No. 2007-484 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Members/Commissioners Derry, Kelley, McCammack. Absent: None. 11. San Bernardino Valley Enterprise Zone - rmding of compliance with the California Environmental Quality Act Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council find that the City of San Bernardino General Plan Program Environmental Impact Report, certified November 1, 2005, analyzes potential environmental impacts associated with the San Bernardino Valley Enterprise Zone designation adequately, and that no further environmental analysis and no new mitigation measures are required to implement the San Bernardino Valley Enterprise Zone within the City of San Bernardino; and direct staff to file a Notice of Determination. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6 12/17/2rxY7 12. Authorization for the Director of Development Services to amend the FY 2007/08 budget and execute Change Order No. One with Hardy & Harper, Inc. for cul-de-sac street improvements on 4111 Street at Mt. Vernon Avenue (S806-01), per Project Plan No. 11882 Council Member/Commissioner Estrada abstained due to the fact that this matter involved street improvements being done at Fourth and Tiajuana, which is near her home. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $32,500 from Account No. 126- 369-5504-7582 "Traffic Calming on 4th Street at Tiajuana Street and Cabrera Avenue" to Account No. 126-369-5504-7581 (SS06-01) "4th Street cul-de-sac at Mt. Vernon Avenue"; and that the Director of Development Services be authorized to execute Change Order No. One with Hardy & Harper, Inc. in the amount of $45,660 for cul-de-sac street improvements on 4th Street at Mt. Vernon Avenue (SS06-OI), per Project Plan No. 11882. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: None. 13. Item Deleted 14. RES. 2007-476 - Resolution of the Mayor and Common Council of the City of San Bernardino repealing Resolution No. 2007-413 and approving Amendment No. 1 to Agreement with GFR Enterprises, Inc. for the dedication and improvement of a 4-acre park at the southwest corner of Irvington Avenue and Chestnut Avenue. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-476 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2007-477 - Resolution of the City of San Bernardino approving Amendment No. 1 to Agreement for Professional Services with Transtech Engineers, Inc. to provide Program Management Services for the Santa Fe Depot Parking Structure Project (GB04-19). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. 7 12/17/2r:tY7 Resolution No. 2007-477 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. ORD. MC-I262 - An Ordinance of the City of San Bernardino amending Sections 15.04.010, 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100, 15.04.110, 15.04.114, 15.04.120, 15.04.125, 15.04.130, 15.04.163, 15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180, 15.04.200, 15.04.210, 15.04.220, 15.04.221, 15.04.222, 15.04.223, 15.04.225, 15.04.230, 15.04.250, 15.10.040, 15.10.060,15.10.080, 15.74.010 and repealing Sections 15.04.055, 15.04.077, 15.04.084, 15.04.105, 15.04.116, 15.04.117, 15.04.118, 15.04.119, 15.04.133, 15.04.177, 15.04.250, 15.12.010 of the San Bernardino Municipal Code and adopting by reference the 2007 Edition of the California Building Standards Code, known as the California Code of Regulations, Title 24 (CCR, T-24), incorporating the International Building Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the Uniform Plumbing Code, 2006 Edition, the National Electrical Code, 2005 Edition; and adopting the Uniform Housing Code, 1997 Edition, the Uniform Adminil<trative Code, 1997 Edition; the Uniform Code for the Abatement of Dangerous Buildings, 1997 Edition, and amending those California Building Standards as identified herein, through express fmdings of local necessity. FINAL READING Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1262 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2007-478 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to mc Integration Systems for the purchase and installation of an upgraded audio/visual system for the Fire Department's Training Facility. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-478 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 12/17/2007 18. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections ten, eleven, twelve, and fourteen, entitled in part "A Resolutionmestablishing a basic compensation plan...", by updating information codifying prior council actions (General, Middle-Management, and Confidential and Management Units). Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of January 7,2008. The motion carried by the following yote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. Amendments to Side Letter agreements with General and Middle- Management Employees Bargaining Units; and Amendment to Resolution No. 2007-345 authorizing agreement with Management/Confidential Employees RES. 2007-479 - Resolution of the City of San Bernardino amending Article ill, Compensation, Section 1, Salaries, of the Side Letter between the City and General Unit Employees Bargaining Unit. (19A) RES. 2007-480 - Resolution of the City of San Bernardino amending Article III, Compensation, Section 1, Wages, of the Side Letter between the City and Middle-Management Employees Bargaining Unit. (19B) RES. 2007-481 - Resolution of the City of San Bernardino amending Resolution No. 2007-345, Section 2.B.2, Compensation, between the City and Management/Confidential Employees. (19C) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions A-C, be adopted. Resolution Nos. 2007-479, 2007-480 and 2007-481 were adopted by the following yote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 12/17/2fXY7 20. RES. 2007-482 -.Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 4 to contract 05-689 with the County of San Bernardino Human Services Department for a Cost of Living Allowance (COLA) and a Child and Adult Care Food Program (CACFP) adjustment, for the Head StartlPreschool Program at DelmAnn Heights Community Center for FY 2007-2008. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-482 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-483 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the San Bernardino City Unified School District and the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-483 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order in the amount of $104,179.00 to Burrtec Waste Industries, Inc. for commingled recyclable processing services for the months of April, May, June and July of 2006. Council Member/Commissioner Brinker stated that in an attempt to locate another provider for its recyclable materials, the City did not meet the deadline and it ended up costing $104,000. He requested an explanation as to how this happened and how it was going to be handled. Ken Fischer, Director of Public Services, stated that they had an eXlstmg agreement for several years with Burrtec that actually paid the City for recyclables. That agreement contained a guarantee that whenever the City delivered to them, they would recycle 75 percent by contract, which ended in February. He stated that he received a letter indicating that since the contract had expired, they were going to begin charging the City based upon the open market for what the City was actually providing them. Mr. Fischer stated that that is when they learned that the material delivered to them was not 75 percent recyclable, in fact, it was barely 50 percent recyclable, which completely changed 10 12/17/2007 the economics of the relationship and went from the situation where they were paying the City to where the City had to pay them. He explained that when this began in April, they didn't receive the first invoice until the middle of June for April so they did not know what the impact was going to be until that time. As soon as they learned, Mr. Fischer stated that they changed where they were sending their recyclables, but ended up owing Burrtec the money. He stated that they put out an RFP and entered into another agreement and are currently getting paid for the recyclables. Mr. Fischer noted that the amount would be covered in the current budget under waste disposal. Council Member/Commissioner McCammack asked how they let this contract expire. Mr. Fischer stated that Burrtec did not want to renew it under the existing terms of the 75 percent, so they had to follow the proposal process to get a new contract. He stated that while they did learn what the mix was, they are now getting paid for the recyclable mix under the current contract. He stated that it was during this gap period where they were at a disadvantage because they did not have another provider at the time and did not know what the repercussions were going to be until about the middle of June. Council Member/Commissioner Brinker asked if the City Manager's office could investigate this matter and provide the Council with a timeline explaining how this $100,000 mistake occurred. He stated that if we had a contract that we knew was going to expire in February we should have had something in place in February. He stated that someone dropped the ball and he wanted to know when the communications occurred and who the responsible parties were. Council Member/Commissioner McCammack made a motion to continue. The motion died for lack of a second. Council Member/Commissioner Derry noted that when Mr. Fischer was hired he made it very clear that the City should go out for bid on this because it was an opportunity for the City to do a better job. He stated that he did not see the need to continue the item-the bill had to be paid. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCanunack. Absent: None. Note: Later in the meeting the matter was reconsidered and the following action was taken on this matter. 11 12117/2007 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the prior action to adopt the resolution be rescinded to allow the matter to be discussed in closed session. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Derry, Kelley. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, McCammack. Nays: None. Absent: Council Members/Commissioners Derry, Johnson. 23. Resolution of the Mayor and Common Council of the City of San Bernardino requiring all resolutions and motions to include language requiring staff to bring back to Council for consideration all deviations, changes, and/or revisions to directions contained in previously approved agenda items. Council Member/Commissioner Kelley indicated that a correction needed to be made in Section I, Line 12 of the Resolution deleting the word "after" and inserting the word "before," to read as follows: ".. .next meeting before such deviation, change, and/or revision occurs." He stated that the intent of this resolution is to make sure that any changes or deviations from any Council- directed action shall come back to the full Council before any such changes or deviations occur. Mayor/Chairman Morris stated that his concern was that this may lead to the micro-management of the City business that the City Manager is charged with achieving. Council Member/Commissioner Kelley stated that this is an attempt to correct the ongoing problem of things that are failing to happen or articles of information that are distributed to the Council at the last minute. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. The motion failed by the following vote: Ayes: Council Members/ Commissioners Kelley, McCammack. Nays: Council Members/Commissioners Estrada, Baxter, Brinker, Johnson. Absent: Council Member/Commissioner Derry . 12 12/17/2007 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be referred back to the Legislative Review Committee; however, the motion and second were subsequently withdrawn. 24. RES. 2007-488 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Consultant Services Agreement with Sidewalk Strategies, a division of Tramutola LLC, to provide public information services related to the Utility User's Tax Rate Reduction and Modernization Ballot Measure. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 adopted budget to transfer $77,800 from the Unreserved/Undesignated General Fund balance to Account No. 001-092-5502 (Professional/Contractual Services). The motion carried and Resolution No. 2007-488 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Derry. 25. RES. 2007-489 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the template letter of agreement in concept, and authorizing the City Manager to execute a KaBOOM! Outreach Statement on behalf of the City of San Bernardino as required for consideration for a Community-Build Playground proposed for construction at Lytle Creek Park. Discussion ensued regarding potential liability issues and signage. Kevin Hawkins, Director of Parks, Recreation and Community Services, stated that this action does not guarantee that the City of San Bernardino will be approved to proceed with this project, and he noted that any final agreement will come back before the Council. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-489 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 13 12/17/2007 26. Salary adjustment for Security Officer and Assistant Security Supervisor in the Facilities Management Department Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council approve a salary adjustment for Security Officer, from $11.84-$14.96 per hour to a flat rate of $18.00 per hour; approve a salary adjustment for Assistant Security Supervisor from $12.62-$17.36 per hour to a flat rate of $20.40 per hour; and authorize the Human Resources Department to update Resolution No. 6413 to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 27. An Ordinance of the City of San Bernardino amending the San Bernardino Municipal Code (Development Code), to prohibit group homes and residential care facilities for parolees and registered sex offenders in residential and commercial land use districts, and to designate a violation of this ordinance a misdemeanor. Note: No ordinance was distributed with the backup materials. Agenda Item Nos. 27 and 31 were discussed and voted on simultaneously. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the ordinance be referred to the Legislative Review Committee. (Note: No vote was taken). After lengthy discussion, the following action was taken: Council Member/Commissioner Brinker made a substitute motion, seconded by Council Member/Commissioner Estrada, that all parolee issues be referred to the Mayor's Parolee Ad Hoc Committee before referral to the full Council or any other committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Derry. Note: Later in the meeting the matter was recousidered and the following action was taken on this matter. 14 12/17/2007 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the prior action be rescinded due to the fact that a member of the public had requested to speak on this item. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Jay Lindberg stated that when the State is forced to release inmates, the City is going to have to deal with 30 years of failed policy and will have to figure out a way to start rebuilding the economy so these people can survive. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that all parolee issues be referred to the Mayor's Parolee Ad Hoc Committee before referral to the full Councilor any other committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Member/ Commissioner Kelley. Abstentions: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Derry. 28. Public hearing - resolution approving annexation, resolution calling the special election and resolution certifying the results of an election for Community Facilities District No. 1033, Annexation No.4, for property consisting of an industrial development located on the southwesterly side of Cajon Boulevard, southeasterly of Glen Helen Parkway (DP II No. 06-23) RES. 2007-485 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the annexation of territory (Annexation No.4) to Community Facilities District No. 1033 and authorizing the levy of a special tax and submitting the levy of tax to the qualified electors. (28A) RES. 2007-486 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, calling a special election and submitting to the voters of Annexation No. 4 of City of San Bernardino Community Facilities District No. 1033 propositions regarding the annual levy of special taxes within Annexation No. 4 and the establishment of an appropriations limit. (28B) RES. 2007-487 - A Resolution of the Mayor and Common Council of the City of San Bernardino, California, mAkillg certain rmdings, certifying the results of an election and adding property to Community Facilities District No. 1033, Annexation No.4. (28C) 15 12/17/2007 Mayor/Chairman Morris opened the hearing. City Clerk Clark announced that a consent and waiver was received and was properly executed; the Voter Count Certification from the Registrar of Voter's Office confirmed that the records had been examined and as of November 16, 2007, there were no registered voters within the area or within the surrounding areas; and the ballot, which represented 136 votes, was in favor of Propositions A andB. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolutions A&B, be adopted. The motion carried and Resolution Nos. 2007-486 and 2007-487 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Council Member/Commissioner McCammack made a motion, seconded by. Council Member/Commissioner Brinker, that said resolution C, be adopted. Resolution No. 2007-487 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 29. RES. 2007-490 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Galls, an ARAMARK, CO., LLC, to provide employee uniforms during FY 2007-08 in an amount not to exceed $50,000 with two renewals at the City's option. (Continued from December 3, 2(07) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-490 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 30. Draft Memorandum of Understanding with the County of San Bernardino to provide assistance to the City of San Bernardino, Operation Phoenix Eastern Area (Continued from December 3,2(07) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of January 7, 2008. 16 12/1712007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 31. Parolee Issues (See Agenda Item No. 27) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that all parolee issues be referred to the Mayor's Parolee Ad Hoc Committee before referral to the full Council or any other committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Member/ Commissioner Kelley. Abstentions: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Derry. 32. National League of Cities Congress of Cities and Exposition Update Council Member/Commissioner Kelley distributed handout materials and presented his report to the Mayor and Common Council. Council Member/Commissioner Johnson presented his report to the Mayor and Common Council. Mayor/Chairman Morris noted that Council Member/Commissioner Derry was absent and would present his report at a later date. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council receive and file the update. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. COMMUNITY DEVELOPMENT COMMISSION Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Deputy Director Gee and Special Counsel Sabo. Absent: Council Member/Commissioner Derry. 17 12117/2W7 R33. Public hearing - Midterm Review and Amendment of the Five (5) Year Implementation Plan 2004-2009 for the Agency's eleven (11) redevelopment project areas and the IVDA Redevelopment Project Area (Housing Component). (Continued from December 3, 2(07) RES. CDC/2007-32 - Resolution of the Community Development Commi"Sion of the City of Bernardino adopting the Redevelopment Agency of the City of San Bernardino ("Agency") Midterm Review and Amendment of the Five (5) Year Implementation Plan 2004-2009 for the Agency's ten (10) redevelopment project areas (Central City North, Central City West, State Conege, Southeast Industrial Park, Northwest, Tri-City, South Vane, Mt. Vernon Corridor, 40th Street, Central City Projects Merged - comprised of Central City East, Central City South, Meadowbrook and Central City Projects) and the Iuland Vaney Development Agency ("IVDA") Redevelopment Project Area (Low-Moderate Income Housing Component). (R33A) RES. CDC/2007-33 - Resolution of the Community Development Commission of the City of San Bernardino adopting the Redevelopment Agency of the City of San Bernardino ("Agency") Midterm Review and amendment of the Five (5) Year Implementation Plan 2004-2009 for the Agency's Uptown Redevelopment Project Area. (R33B) Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolutions A&B, be adopted. (Note: No vote was taken.) Council Member/Commissioner McCammack stated that she would have to abstain on Resolution No. R33B because she owns property within the Uptown Redevelopment Project Area; therefore, she requested that the resolutions be voted upon separately. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution A, be adopted. The motion carried and Resolution No. CDC/2007-32 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Council Member/Commissioner Kelley. Absent: Council Member/Commissioner Derry. 18 12/17/2007 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolution B, be adopted. (Note: Council Member/Commissioner McCanunack left the Council Chambers and returned after the vote was taken.) Resolution No. CDC/2007-33 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Member/Commissioner Kelley. Abstentions: Council Member/Commissioner McCanunack. Absent: Council Member/Commissioner Derry. PLANNING ITEM 34. Appeal of the Planning Commission approval of Development Permit 3 No, 06-14 to construct a 3-story, 93-unit senior housing complex at the northwest comer of Medical Center Drive and Hith Street in the CO, Commercial Office, land use district Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, stated that this item was considered by the Planning Commission at their meeting of July 17, 2007. She stated that input was taken from the residents at that meeting, and many of those residents were in the audience today. Ms. Ross stated that the residents were opposed to the project based on increased traffic, lack of amenities, and the intensity of the use at this location. She stated that staff was recommending that the appeal be denied and that the Planning Commission's approval of Development Permit ill No. 06-14 be upheld, based upon the Findings of Fact in the Planning Commission staff report, subject to the Conditions of Approval and Standard Requirements. Council Member/Commissioner Johnson stated that he had informed Mr. Torres that the community had issues with this project in its present configuration and suggested that it be revised. He stated that he voiced his objections at the July 17 Planning Commission meeting and that his objections to this project include lot size, the ratio of units per acre, and compatibility with existing structures in the area. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Frances Grice, City of San Bernardino business owner, spoke in opposition to the project. 19 12/17/2007 Betty Dean Anderson, resident of the 6th Ward, stated that this project would be detrimental to this area and that her main concern was with the density of the project. Randolph Riley, member of the Northwest Redevelopment Project Area Committee (NWPAC), stated that the City of San Bernardino needs more senior citizen homes; therefore, he requested that the Council approve this project. Lola Lee, 1578 W. Gilbert Street, stated that her concerns with this project were with graffiti and with the fact that they were proposing to put 93 units on less than 2 acres of land. Rikke Torres with Global Premier Development, stated that crime was one of the issues that was brought up at the Development Review Committee meetings and it was suggested that they prepare a security plan, which they did by adding 24-hour surveillance cameras, additional lighting, etc. Ben Seeger, Architect with KTGY Group, addressed the concerns regarding lot coverage percentage, height, density, and structural issues. Stephen Hernandez with Global Premier Development, stated that they are tax credit developers, which means that they apply to the State for tax credit financing. He stated that because of the competitive nature of these tax credit developments, they have to compete against all the other developments throughout the State. He noted that last year there were 109 applicants that applied for this tax credit funding and only about 20 were awarded. He stated that they are not slum landlords. They have a financial interest to ensure the structural integrity and the aesthetics of their development. They perform annual inspections and they have a security management plan and community apartment watch groups. A lengthy discussion ensued regarding issues such as aesthetics, crime, security, size of units, lighting, and ingress/egress. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed and that the Mayor and Common Council grant Appeal No. 07-04 and deny Development Permit No. 06-14 in concept and continue to the next meeting to allow Development Services to bring revised Findings of Fact to the Council. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Council Members/Commissioners Derry, Kelley. Absent: None. 20 12/17/2007 35. Public Comments Jesse Valenzuela, Congressman Baca's office, 201 N. "E" Street, #102, San Bernardino, CA, extended an invitation to the Mayor and members of the Common Council to attend Congressman Baca's annual holiday open house and reception on Wednesday, December 19, 2007, from 5:30 p.m. to 7:30 p.m., in the Economic Development Agency conference room. Jerry A. Moya, 2565 W. Poplar Street, San Bernardino, CA, stated that the Fire Commission has been lacking a quorum at its meetings, and suggested that those who cannot make a commitment need to make a choice. Mr. Moya presented the Mayor and Council with a list of items that need repair and/or upgrades at Fire Station No. 229 and at several other fire stations throughout the City. Arlington Rodgers, 5941 Laura Lane, San Bernardino, CA, stated that he was excited to hear that the City is considering establishing Operation Phoenix on the west side. Mr. Rodgers thanked City staff for the support extended to the family of his nephew, Devon McGee. Frank Washington III, 1034 W. 8111 Street, San Bernardino, CA, announced that the funeral for Lonnie Johnson would be held on Friday, December 21, 2007, at Temple Missionary Baptist Church at 8111 and Medical Center. Mr. Washington also announced that the annual feeding of the homeless in San Bernardino would be held on Monday, December 24,2007, from 11 a.m. to 3 p.m., at St. Andrews Lodge, #16, 1034 W. 8111 Street, San Bernardino, CA. Dan Walker, San Bernardino, CA, stated that City officials should work together to bring in more industry and more jobs, which would lower the crime rate. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed copies to the Mayor and Common Council and spoke about "The Economic Model," a piece he wrote in 1996, regarding the trade deficit. Justin Smith, 7094 E. Newbury Avenue, San Bernardino, CA, stated that he is a business entrepreneur and is interested in business development in the City of San Bernardino, but he needs some guidance. Nader Khader, 5509 Golondrina Drive, San Bernardino, CA, stated that he owns his own marketing business, but he needs some guidance to find out what he can do in and for the City of San Bernardino. Tom Kanavos, Turrill Transitional Assistance, stated that the State of California places all sex offenders into one category, which he believes is discrimination. 21 12117/2rxn 36. Adjournment At 8:35 p.m., the meeting adjourned to 3:00 p.m., Tuesday, December 18, 2007, in the Management Information Center, Sixth Floor, City Hall, 300 North "D" Street, San Bernardino, California. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, January 7, 2008, in the Council Chambers, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk B~.~/)t,~~~ Linda Sutherland Deputy City Clerk No. of Items: 36 No. of Hours: 7 22 12/17/2007 < CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Potrkk J. Morris Council Members: Esther EstrodJJ DeMis J. BOXIer Tobin Brinker Neil Derry Chas Kelley Rikke VQIl Johnson Wendy McCmnmack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 7, 2008 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 1:33 p.m., Monday, January 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/ Chairman Morris; Council Members/Commissioners Baxter, Brinker, Derry, Johnson, McCammack; Assistant City Attorney Easland, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Kelley. Council Member/Commissioner Kelley Arrived At 1:35 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. Council Member/Commissioner Estrada Arrived At 1:50 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): 01107/2008 , A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Maria Glander v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 123858; Luisa Maravilla v. Crosby, et al. - San Bernardino Superior Court Case No. CIVSS 707097; Golding v. City and City of Riverside - San Bernardino Superior Court Case No. CIVSS 700791; The Redevelopment Agency of the City of San Bernardino v. Chiyo Lapham, et al. - San Bernardino Superior Court Case No. SCVSS 142966. 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: Contract for City Manager Negotiator: Linn Livingston, Human Resources Director Employee Orl!;anizations: Fire Fighters Association Local No. 891 Fire Management 2 01/07/2008 - G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area (Downtown Acquisition Pro2l1lm) 1. Property Address: 696 West 5th Street APN: 0134-061-21, 22, 25 and 30 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Christopher Cheng-Chyh Ko, Bruce Cheng-Hsieh Ko and Henry Cheng-Iu Ko, property owners/sellers Under Ne~otiation: Purchase price, terms, and conditions 40th Street Redevelopment Project Area 2. Property Address: 259 East 49th Street APN: 0154-126-03 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Robert and Shari Celaya, property owners Under Ne~otiation: Purchase price, terms, and conditions 3. Property Address: 288 East 49th Street APN: 0154-125-07 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Richard P. and Kristin M. Mungo, property owners Under Ne~otiation: Purchase price, terms, and conditions 4. Property Address: 292 East 49th Street APN: 0154-125-06 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Irwin P. and Donna Devries, property owners 3 01/07/2008 Under Ne~otiation: Purchase price, terms, and conditions 5. Property Address: 299 East 49th Street APN: 0154-126-30 Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Scott C. Mueller, property owner Under Ne~otiation: Purchase price, terms, and conditions Closed Session Announcement City Clerk Clark announced that during closed session a motion was made by Council Member/Commissioner Derry, seconded by Council Member/ Commissioner Baxter, to approve the fifth amendment to the employment agreement with City Manager Fred Wilson. The motion carried by the following vote: Ayes: Council Members! Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Estrada. Absent: None. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of Gwendolyn Roberts, a major music figure in the City of San Bernardino and Southern California whose long list of accomplishments include the establishment of the prestigious San Bernardino-Riverside regional Metropolitan Opera Auditions that she oversaw for more than 50 years; and Dr. Irving Allen, a distinguished and devoted pediatrician who was in private practice for 34 years and then worked with the Inland Health Care Group until his passing. Invocation/Pledge of Allegiance The invocation was given by Sister Carmel Crimmins of the Diocese of San Bernardino, followed by the pledge of allegiance, led by Council Member Kelley. 2. Appointments Youth Advisory Commission - Mayor Morris · Guy Williams Jr. · Clifton Alexander . Kesha Russell 4 0110712008 Human Relations Commi'"SionlYouth Appoiutee - Mayor Morris . Ahsohn I. Williams Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the appointments of Guy Williams Ir., Clifton Alexander, Ahsohn I. Williams, and Kesha Russell, as requested by Mayor Morris, be approved. The motion carried by the followiug vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Iohnson, McCammack. Nays: None. Absent: None. 3. Presentations Mayor/Chairman Morris presented Certificates of Recognition to the players of the North San Bernardino Cowboys Football Team of Cajon High School who earned the Marvin Duncan Trophy. 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 & Ordiuances Council Member/Commissioner Iohnson made a motion, seconded by Council Member/Commissioner Kelley, that full reading of the resolutions and ordiuances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the followiug vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Iohnson, McCammack. Nays: None. Absent: None. 6. Council Miuutes Council Member/Commissioner Iohnson made a motion, seconded by Council Member/Commissioner Kelley 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: November 5, 2007; and December 3, 2007. 5 01107/2008 The motion carried by the following vote: Ayes: Council Members! Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member!Commissioner Johnson made a motion, seconded by Council Member!Commissioner Kelley, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated December 17, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members! Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. Personnel Actions Council Member!Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the personnel actions, as submitted by the Chief Examiner, dated January 3, 2008, 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 by the following vote: Ayes: Council Members! Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. Authorization to proceed and approval of Plan No. 12358 - proposed vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of a portion of Pear Street, north of Walnut Street and east of Mount Vernon Avenue; and that Plan No. 12358 showing the proposed vacation be approved. The motion carried by the following vote: Ayes: Council Members! Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Item Renumbered as 28A 6 01107/2008 11. RES. 2008-1 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute purchase agreements with Accela Inc. and CDCE Inc. for the purchase of software and hardware for the automation of development processes; and authorizing the Finance Director or designee to solicit lease-purchase rate quotes and to award a lease-purchase to the lowest responsible leasing company. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; and that the Director of Finance or designee be authorized to solicit lease-purchase rate quotes and to award a lease-purchase to the lowest responsible leasing company. The motion carried and Resolution No. 2008-1 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 12. Item Deleted 13. Item Deleted 14. RES. 2008-2 - A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with Marsh Risk & Insurance Services to provide Risk Management and property insurance brokerage services for the City for a period of one year, with four consecutive one-year renewal options to be exercised by the City. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-2 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 15. Hi-annual Report of the Human Relations Commission Pastor Terry Elliott presented the report to the Mayor and Common Council. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Kelley, that the bi-annual report of the Human Relations Commission be received and filed. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 7 01107/2008 16. RES. 2008-8 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a vendor service agreement and issuance of a purchase order in the amount of $100,779.01 to Great Western Park and Playground for the purchase and instalIation of playground equipment and pour-in-place safety surfacing (ADA compliant) located at Tom Minor Park. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, spoke about the lack of maintenance at Campo Santo Memorial Park. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Director of Finance be authorized to amend the FY 2007/2008 budget by transferring $41,000 from Account No. 243-363-5504-7728 (City Hall Plaza Park) to Account No. 243-363-5504-7752 (Tom Minor Park - Playground Equipment); and that said resolution be adopted. The motion carried and Resolution No. 2008-8 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2008-3 - Resolution of the Mayor and Common Council of the City of San Bernardino accepting funding in the amount of $58,436 from the Corporation for National and Community Service to continue the administration and operation of the Retired Senior Volunteer Program for the period of October 1, 2007 through September 30, 2008, and ratifying aU action taken between October 1, 2007 and the date that this resolution is adopted. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-3 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2008-9 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a vendor service agreement and a purchase order in the amount of $59,492.00 to Creative Contractors for purchase and installation of two picuic shelters: one at Tom Minor Park, and one at Colony Park. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, spoke about the lack of maintenance at Campo Santo Memorial Park and the fact that he has gotten no response to his e-mails. 8 01107/2008 Kevin Hawkins, Director of Parks, Recreation and Community Services, stated that he was concerned about the allegations made by Mr. Ortiz because he had discussed this matter with him as recently as last month. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-9 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 19. RES. 2008-4 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a grant application to the County of San Bernardino for the Head Start/Preschool Program at DelmAnn Heights Community Center and accepting the proposal amount of $314,860 for the period of July 1, 2008 through June 30,2009. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-4 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 20. RES. 2008-5 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a professional services agreement with the Public Health Institute for the Youth Empowerment pilot project for the period of October 1, 2007 through September 30, 2008, and ratifying all action taken between October 1, 2007 and the approval of this resolution. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-5 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 21. Crossing Guard Services - Victoria Elementary School RES. 2008-10 - Resolution of the Mayor and Common Council of the City of San Bernardino to authorize execution of an agreement with All City Management Services to provide crossing guard services at Victoria Elementary School in the City of San Bernardino. (21A) 9 01107/2008 RES. 2008-11 - Resolution of the Mayor and Common Council of the City of San Bernardino to authorize execution of an agreement with the Redlands Unified School District to share the cost of a crossing guard at Victoria Elementary School in the City of San Bernardino. (21B) Council Member/Conunissioner McCammack asked if there were crossing guards at every elementary school. Chief Billdt stated that crossing guards were placed at all the elementary schools and middle schools where traffic safety surveys were conducted and the need was determined. Council Member/Commissioner McCanunack asked Chief Billdt to provide her with a list of elementary schools and middle schools that do not have crossing guards at this time. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Conunissioner Johnson, that said resolutions A and B, be adopted. Resolution Nos. 2008-10 and 2008-11 were adopted by the following vote: Ayes: Council Members/Conunissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 22. Resolutions authorizing the purchase of a "CrimeView Enterprise" police tactical mapping solution from The Omega Group located in San Diego, California and necessary computer hardware from Zunesis, Inc. of Centennial, Colorado Resolution of the City of San Bernardino authorizing the purchase of a "CrimeView Enterprise" police tactical mapping solution from the Omega Group located in San Diego, California. (22A) Resolution of the City of San Bernardino authorizing the purchase of supporting computer server hardware, from Zunesis, Inc. of Centennial, Colorado for a "CrimeView Enterprise" police tactical mapping system. (22B) Note: No resolutions were distributed with the backup materials. Council Member/Conunissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/ Commission meeting of January 22,2008. 10 01107/2008 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Item Deleted 24. RES. 2008-6 - Resolution of the Mayor and Common Counell of the City of San Bernardino authorizing the execution of an agreement with R3 Consulting Group, Inc., for bnsiness plan consulting services for the Integrated Waste Management Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-6 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2008-7 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order in the amount of $14,600.00 between the City of San Bernardino and iWorQ Systems, Inc. for computerized work order tracking system services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-7 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. City Council action to refer all matters related to parolees and parolee re- entry, including matters related to the regulation of housing for parolees, to the Parolee Re-entry Ad Hoc Committee 11 01/07/2008 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council refer all matters related to parolees and parolee re-entry, including matters related to the regulation of housing for parolees that have been previously discussed by the Legislative Review Committee (LRC) , to the Parolee Re-entry Ad Hoc Committee for the development of recommendations to be brought back to the City Council for consideration; that the Parolee Re-entry Ad Hoc Committee conduct all of its meetings in compliance with the Ralph M. Brown Act; and that the Legislative Review Committee be prohibited from discussing any parolee related content until it has been referred to the LRC by majority vote of the Common Council. (Note: No vote was taken.) Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, spoke about resident/non- resident parolees. Assistant City Attorney Easland stated that she had a concern regarding the prohibition of sending these items to LRC unless done so by a majority of the Council, and she questioned whether the Council had the power to enact such a prohibition. She stated that any powers the Council has are derived from the Constitution, Statute, or the Charter, and there is nothing in the City's Charter or elsewhere that specifically empowers the Council to prohibit one of its committees from discussing an item within that committee's jurisdiction. She stated that the Council could approve this motion, but it would have no legal effect. Assistant City Attorney Easland stated that the Attorney General had previously opined to the City Attorney's office regarding the issue of two Council committees wanting to hear an item, that a committee can discuss an item as long as the item goes back to the full Council before being considered by a subsequent committee, and that will protect the Council from a serial meeting. However, in coming back to the Council, the Council has to discuss the item or the members of the Council have the opportunity to discuss the item before it proceeds to a subsequent committee. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Public Hearing and resolution ordering work - Orange Show Road and Tippecanoe Avenue Area Landscape Maintenance Assessment District No. 1059 (Parcel Map No. 17132) 12 01107/2008 RES. 2008-12 - Resolution of the City of San Bernardino fmding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Orange Show Road and Tippec8noe Avenue area, approving the fmal engineer's report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1059, ordering the work, confIrming the 2008-2009 assessment roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor/Chairman Morris opened the hearing. City Clerk Clark stated that 6 ballots were returned and were in favor of the proposed assessment. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2008-12 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. Draft Memorandum of Understanding with the County of San Bernardino to provide assistance to the City of San Bernardino, Operation Phoenix Eastern Area (Continued from December 17, 2007) Staff requested that this matter be continued to the next Council meeting. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of January 22, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28A. Findings of fact for denial of Development Permit 3 No. 06-14 - a request to constrnct a 3-story, 93-unit senior housing complex at the northwest corner of Medical Center Drive and l(i'h Street in the CO, Commercial Office, land use district (Continued from December 17, 2007) 13 01/07/2008 Valerie Ross, Director of Development Services, stated that findings of fact for denial had been included in the backup. She distributed a letter to the Mayor and Common Council dated January 7, 2008, addressed to Councilman Johnson, wherein the applicant requested an opportunity to submit a redesign of the project for reconsideration. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council adopt the Findings of Fact for denial of Development Permit 3 No. 06-14. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Council Members/Commissioners Derry, Kelley. Absent: None. 29. Resolution of the City of San Bernardino amending Resolution No. 6413, Sections ten, eleven, twelve and fourteen, entitled in part "A Resolution...establishiug a basic compensation plan...", by updating information codifying prior council actions (General, Middle-Management and Confidential and Management Units). (Continued from December 17, 2(07) Note: No resolution was distributed with the backup materials. Staff requested that this matter be continued for two weeks. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of January 22, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Assistant City Attorney Easland, City Clerk Clark, Economic Development Agency Deputy Director Gee and Special Counsel Sabo. Absent: None. R30. Amendment No. 1 to the Arrowhead Central Credit Union 2005 Disposition and Development Agreement (Central City South Redevelopment Project Area) 14 01107/2008 Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the 200S Disposition and Development Agreement by and between the Arrowhead Central Credit Union and the Agency (Central City South Redevelopment Project Area). Don Gee, Deputy Director of the Economic Development Agency, stated that there were three major parts to the amendment: (1) to change the square footage from 125,000 square feet to 190,000 square feet; amend the time of performance from the December 2008 completion date to the August 2010 completion date; and that the Agency use its best efforts to acquire two other sites so they could provide access to "G" Street off Birch. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. (Note: No vote was taken.) Warner Hodgdon, 405 E. Arrowhead Road, San Bernardino, CA, stated that $22 million has been invested in the baseball stadium, which seats 5,000 people. He stated that the grassways have already been compacted to add 2,500 seats on both ends, which would create a stadium that would hold 10,000 people. He stated that they would have to have 10,000 seats in order to make other venues work and a well-promoted baseball team to fill the stadium. Mr. Hodgdon voiced his concerns about parking. He stated that extra parking is located further to the south on Mill Street and would not complement the baseball stadium. Mayor/Chairman Morris stated that they would be required to build additional parking in and around the development, and .because the savings and loan headquarters is primarily a daytime use, the evening use may well be available at no additional cost to the City for baseball patrons. Mr. Hodgdon stated that the participation agreement as well as the original agreement should specify how many parking places there are. Council Member/Commissioner McCammack asked Mr. Gee to comment on the issues raised by Mr. Hodgdon regarding the additional seating. She stated that if the additional seating is going to be constricted, then turning that into a 10,000 seat venue for a Triple A team, which is what they would need, would be impossible. Mr. Gee stated that when the two sites along"G" Street are purchased, this item will come back to the Council and the amendment of the Disposition and Development Agreement could include those particular features in terms of the parking, joint use, participation, etc. 15 01/07/2008 Council Member/Commissioner Estrada asked what would happen if this matter was approved today. Special Counsel Sabo stated that two of the items this amendment addresses relative to the new completion date and the change in the size of the structure, would be final with the action taken today. He stated that if they are involved in any acquisition of those lots for access onto "G" Street, that would take another discretionary action by the Council at that time. He stated that if Arrowhead Credit Union negotiates successfully and privately purchases those lots, then it would never come back to them. It would only come back to them if they had to be involved in it through their acquisition, by purchase, or through condemnation. Council Member/Commissioner Estrada stated that the issues on the potential expansion of the field did raise some concerns and these issues were not brought up at the committee level. She asked if this matter could be continued to the next Council meeting. Mayor/Chairman Morris stated that the reason this company withdrew from looking at other downtown sites more closely in the area of the ULI study is because they have very tight time constraints. Mr. Gee stated that this item could be continued for two weeks. Council Member/Commissioner Estrada recommended that they continue this item for two weeks to allow further discussion at the RDA Committee. Council Member/Commissioner McCammack stated that she would like to be sure that they get an answer on the ramifications of approving an agreement that takes away their ability to expand that stadium. She stated that they have been told by the experts that the only way that stadium is going to be viable and not lose money every month is to make it a venue that can hold 10,000 people. Council Member/Commissioner Derry asked that they also look at alternatives for parking. Council Member/Commissioner Estrada made a substitute motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of January 22,2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16 01107/2008 31. Public Comments Kevin Hawkins, Director of Parks, Recreation and Community Services, stated that his department tries to make sure that they are responsive to the concerns of not only the Council, but also the public, and when he hears comments that they have not responded to a concern, that bothers him. He stated that he showed Mr. Ortiz an e-mail of their exchange on December 10, 2007. Amber Starbuck, new Public Affairs Manager at The Gas Company, 624 W. 4111 Street, Suite F, San Bernardino, CA, introduced herselfto the Mayor and Council and stated that she looked forward to partnering with the City of San Bernardino on various projects within the local community. Ms. Starbuck passed out energy efficiency kits to the Mayor and Common Council. Alfred Palazzo, P.O. Box 4588, Rancho Cucarnonga, CA, commercial appraiser with the Assessor's Office for over 34 years, stated that he has a vision for rebuilding San Bernardino and that he wanted to share the ideas of that vision with the Mayor and Common Council. Mr. Palazzo stated that he was interested in serving the City in the capacity that was being vacated in the Economic Development Agency. Betty Jean Long, 1254 N. Sierra Way, San Bernardino, CA, stated that the Police Department is harassing her and accusing her of using drugs. Tierney Harris, 2025 Sunrise Lane, San Bernardino, CA, stated that slum conditions still exist on the property where she resides and she stated that she is not getting any help from the City. Bill Robinson, 5405 Park Lane, San Bernardino, CA, stated that the flood basins in his area are dangerous to the residents and need to be cleaned. He requested that the City sponsor him to perform the cleanup. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, spoke about his maintenance concerns at Campo Santo Memorial Park. Jerome Sinpaseuth, a member of the Lyndon LaRouche Political Action Committee PAC, voiced his concerns regarding the foreclosure crisis. He stated that they are trying to enact legislation that Franklin D. Roosevelt brought forward in 1933 that would freeze all debt and reorganize the banking system. Lewis Whilden, 3621 York Blvd., San Bernardino, CA, requested that the Council draft a resolution that would put pressure on the Federal Government and the representatives from Southern California to enact a Federal intervention that would involve a blanket freeze on all home foreclosures and would create a Federal body which would then help to assign fair rent payments to people to 17 01107/2008 recapitalize the local banks. He stated that San Bernardino is No.4 on the list of home foreclosures in the Nation behind Stockton, Sacramento, and Detroit, Michigan. Michelle Fuchs, 3621 York Blvd., San Bernardino, CA, a member of the Lyndon LaRouche PAC, elaborated on the legislation regarding the foreclosure crisis. Michael Vandernat, Los Angeles, CA, representative of the LaRouche PAC, spoke about the current foreclosure situation and the Homeowners and Bank Protection Act of 2007. Brittany Paris, 388 Elm Circle, San Bernardino, CA, stated that she is a 9'" grade student at Pacific High School and she is learning how to get involved in politics. She stated that she found out that you don't have to be 18 years old to register voters. Gil Navarro, 1440 W. 6'" Street, San Bernardino, CA, member of the San Bernardino County School Board, shared his concern regarding an article that appeared in the Press Enterprise about sanctions for poor performance. He recommended that the Council adopt a resolution affirming their displeasure with the school district's performance. Barbara Babcock, P.O. Box 931, Lorna Linda, CA, stated that she works for the Christian Counseling Service as a part-time fundraiser. She extended thanks to City staff, the County, Children's Fund, and several other non-profit organizations who provided assistance to the Ramirez family in their time of need. 32. Adjournment At 5:43 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, January 22,2008, in the Council Chambers, 300 North "0" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~11t/M~. Linda Sutherland Deputy City Clerk NO.oflterns: 32 No. of Hours: 4 18 01107/2008 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor PoJriek J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry 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 JANUARY 22, 2008 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., Tuesday, January 22, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack; Assistant City Attorney Easland, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Brinker, Kelley. Council Member/Commissioner Kelley Arrived At 1:43 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. Council Member/Commissioner Brinker Arrived At 3:00 p.m., Council Member/Commissioner Brinker arrived at the Council/ Commission meeting. Council Member/Commissioner Johnson Excused At 5:15 p.m., Council Member/Commissioner Johnson left the Council/Commission meeting. 1 01/22/2008 Council Member/Cornrni...~ioner Baxter Excused At 5:50 p.m., Council Member/Commissioner Baxter left the Council/Commission meeting. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino v. San Bernardino Stampede, et al. - San Bernardino Superior Court Case No. SCVSS 137723; Diamond Concessions, Inc. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 700129; Danuta Tuszynska v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 705138; City of San Bernardino Municipal Water Department v. United States Department of the Army, et al. - United States District Court Case No. CV 96-8867 MRP (JGx) consolidated with CV 96-5205; Jane Batey, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 141503. 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: City of Riverside v. City of San Bernardino Municipal Water Dept. Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: 1 Case D. Closed Session - personnel - pursuant to Government Code Section 54957: Appointment Interim Executive Director of Economic Development Agency 2 01/22/2008 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Assistant City Attorney Easland announced that the following additional items would be discussed in closed session: Under Agenda Item No. lA, Existing Litigation: Desrochers v. City of San Bernardino - San Bernardino Superior Court Case No. SCISS 141192 and United States District Court Case No. EDCV 06-1408; Under Agenda Item No. IB, Significant Exposure to Litigation: Arrowhead Country Club Area Residents v. City of San Bernardino Under Agenda Item No. IC, Initiation of Litigation: One (1) additional case. Closed Session Announcement Mayor/Chairman Morris announced that during closed session the Council had approved the appointment of Emil Marzullo as the Interim Director of the Economic Development Agency. 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 Mayor Morris extended condolences to the families and requested a moment of silence in memory of Irene Kinney, who for 24 years served as the Executive Assistant to Ernest Dowdy, Director of the San Bernardino Employment and Training Agency; and Evelyn Pinckert "Pinky" Brier, who was the first female flight instructor in the country and with her husband, Joe Brier, operated the Tri City Airport. 3 01/22/2008 Invocation/Pledge of Allegiance The invocation was given by Deacon John Barna of Our Lady of the Assumption Church, followed by the pledge of allegiance, led by Maya Wilcots of Anderson School. 2. Appointment - Summer Beasley - Youth Advisory Commission - Cajon High School Appointee - Mayor Morris Council Member/Conunissioner Johnson made a motion, seconded by Council Member/Conunissioner Kelley, that the appointment of Sununer Beasley to the Youth Advisory Conunission, as requested by Mayor Morris, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCanunack. Nays: None. Absent: None. 3. Proclamations & Presentations Ayes: Derry , Council Membersl Kelley, Johnson, The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Barbara Goldsworthy Regina Guerrero Jorge Carlos Cheryl Weeks Laszlo Fogassy Israel Sandoval Ray Barba 4. Announcements Department City Clerk City Clerk Conunon Council Conunon Council Development Services Information Technology Police Years of Service 10 20 20 10 25 5 5 Announcements were made by the Mayor, members of the Conunon Council, elected officials, and a representative from the Chamber of Conunerce regarding various civic, conununity, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Conunissioner McCanunack made a motion, seconded by Council Member/Conunissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Conunon Council and Conununity Development Conunission, be waived. 4 01/22/2008 The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 6. Council Minutes Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: October 15, 2007; November 19, 2007; and December 18, 2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 7. Claims & Payron Ayes: Derry , Council Members/ Kelley, Johnson, Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 3, 2008, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 8. Persounel Actions Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated January 16, 2008 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 by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 5 Ayes: Derry , Council Members/ Kelley, Johnson, 01/22/2008 9. RES. 2008-13 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the hiring of Arias & Lockwood to represent the City and any designated employee regarding the case entitled Luisa Maravilla v. Deanna Marie Crosby, Sluzwni Yvonne Ton-Loy, City of San Bernardino, County of San Bernardino, Superior Coul1 Case No. CIVSS 707097. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-13 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2008-14 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a professional services agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Justin Ryan Golding v. City of San Bernardino, et aI., San Bernardino Superior Coul1 Case No. CIVSS 700791. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-14 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2008-15 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the San Bernardino Black Culture Foundation for rmancial assistance from the Civic and Promotion Fund for FY 2007/08. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Mayor and Common Council authorize direct funding in the amount of $4,500 and indirect funding in the amount of $20,431 be transferred from the 2007/08 Civic and Promotion Fund to various City departmental accounts as listed in the Staff Report dated January 8, 2008, from Fred Wilson, City Manager; and authorize a waiver of fees and use of City personnel and equipment to assist with the 2008 Black History Parade scheduled for February 2, 2008. 6 01/22/2008 The motion carried and Resolution No. 2008-15 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. Authorization for the Director of Development Services to execute Contract Change Order No. One to the contract with Grand Pacific Contractors, Inc. for construction of ADA access ramps and sidewalk at various locatious, Phase VII - 2005/06 (SS-B), per Project Plan No. 11501 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services be authorized to execute Change Order No. One in the amount of $34,672.19 to the contract with Grand Pacific Contractors, Inc., for construction of ADA access ramps and sidewalk at various locations, Phase VII - 2005/06 (SS-B), per Project Plan No. 11501. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 13. RES. 2008-23 - Resolution of the Mayor and Common Council of the City of San Beruardino awarding a contract to Pro Tech Engineering Corporation for the installation of traffic signals & street improvements at Palm Ave. and Irvington Ave (TC06-06), per Project Plan No. 12219. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $53,500 from Account No. 263- 483-5504-7486 (TC04-31), Little Mountain Drive and 48th Street Traffic Signal, to Account Nos. 263-483-5504-7661 and 250-370-5504-7661 (TC06-06), Palm A venue and Irvington A venue Traffic Signal; and that said resolution be adopted. The motion carried and Resolution No. 2008-23 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2008-24 - Resolution of the City of San Bernardino authorizing and directing execution of a liceuse and agreement with American Sports University for encroachment of six (6) overhanging canopies for outdoor dining at 360 W. Court Street, San Bernardino, CA 92401. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. 7 01/22/2008 Resolution No. 2008-24 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2008-16 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a Building Inspection Services Reimbursement Agreement with Stater Bros. Markets related to the corporate office and Norton Distribution Center. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-16 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2008-17 - A Resolution of the Mayor and Common Council ofthe City of San Bernardino declaring its intention to authorize the annexation of territory generally located at Belmont Avenue and Olive Avenue (Annexation No. 5) to Community Facilities District No. 1033, and adopting an annexation map showing the territory of Annexation No.5. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services and the City Clerk be authorized to proceed under Chapter 2.5, Part I, Division 2, Title 5 of the Government Code of the State of California, as amended, with Community Facilities District No. 1033 Annexation No.5 for Tentative Tract No. 17396, located southerly of Belmont Avenue, and easterly of Olive Avenue (APN 0266-152-08); and that said resolution be adopted. The motion carried and Resolution No. 2008-17 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2008-18 - Resolution of the City of San Bernardino approving an agreement for professional design services with Hall & Foreman, Inc. for realignment of an existing 1-215 freeway frontage road generally between Little League Drive and Dement Street, including preliminary environmental review and acquisition of right-of-way, which may include decertification of existing operating State R/W (SS07-29). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 budget by deleting Project 5507-29 from the V2-Cent Sales and Road Tax Fund in the 8 01/22/2008 amount of $497,700 (Account No. 129-367-5504-7732) and budget Project SS07-29 in the Street Construction Fund in the amount of $297,700 with funding for the project being transferred from the EDA Loan Debt Service Fund (Fund 308). The motion carried and Resolution No. 2008-18 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2008-25 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement for energy conservation measures with Western Allied Corporation for BY AC units at the Central Police Station. Council Member/Commissioner McCammack expressed concern that no Request for Proposal (RFP) had been issued for this project. She questioned how staff could know that no other vendor could provide equipment compatible with the equipment currently being used at the Police Department, or whether another vendor could do the job for less money, since there had been no Request for Proposal. Discussion ensued regarding the scope of the project, the need for specific compatible equipment, the cost of the project, and the fact that issuing an RFP at this late date could prolong the project well past the limited timeframe in which to complete the project prior to the hot weather of summer. Ms. McCammack asked the Mayor and City Manager for help in providing the Council members with backup information and materials in a more timely manner ahead of the time the Council must make its decisions. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-25 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2008-19 - Resolution of the Mayor and Common Council of San Bernardino authorizing the City Manager to execute Amendment No. One to the agreement with Securitas Security Services USA, Inc., dated August 20,2007, for security guard services at City libraries. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 9 01/22/2008 Resolution No. 2008-19 was adopted by the following vote:. Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2008-20 - Resolution of the City of San Bernardino amending Resolution No. 6413, section Thirteen, Temporary/Part-time Employees, entitled in part "A Resolution...establishing a basic compensation plan..." by updating information codifying prior council actions. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-20 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. Establishment of salaries for Fire Department Ranges P-S, P-6 & P-7, effective August 1, 2007 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, 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 I, 2007; that the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and that the Director of Finance be authorized to amend the FY 2007/08 budget by increasing the Fire Department General Fund budget for Charter 186 costs by transferring $117,900 from the General Government budget, Account No. 001- 092-5011, to the appropriate Fire Department Divisions budget accounts. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 22. RES. 2008-26 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase in the amount of $417,334 to the purchase order to Nelson Paving and Grading Corporation (NPG), and authorizing the City Manager to execute a vendor services agreement with NPG for paving repairs to parking lots at City parks. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Kelley, that the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $33,000 from Account No. 243-363-5504-7753 (Parking Lot Resurfacing - Blair, Littlefield/Shultis, Perris Hill and Wildwood) to Account No. 243-363-5504- 7444 (Resurface Parking Lots - Meadowbrook, Nicholson, Anne Shirrell's, 10 01/22/2008 Encanto and Speicher Parks); and transferring $44,000 from Account No. 243- 363-5504-7266 (Nunez Parking Lot Resurfacing) to Account No. 243-363-5504- 7723 (Highland Little League - Resurface Parking Lot); and that said resolution be adopted. The motion carried and Resolution No. 2008-26 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2008-27 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Letter of Agreement with KaBOOM! for a community-build playground to be constructed at Lytle Creek Park. Council Member/Commissioner McCammack stated that due to liability issues she would be voting "no" on this matter. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-27 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. 24. RES. 2008-21 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of three 2008 Ford F-350 flat bed trucks, to be utilized by the Public Services and Parks Departments. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-21 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2008-22 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Beruardino pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of one 2008 Ford F -450 Aerial Manlift Truck, to be utilized by the Public Services Department Street Division. 11 01/22/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-22 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. City Attorney Memo on Parolee Housing dated January 7,2008 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he lives in a County pocket and expressed concern that many of the parolees will be zooming in on these pockets. He also questioned how long it would take to license these homes. Anthony Garacci, 966 N. Crescent Avenue, San Bernardino, CA, advised that 3,000 inmates are getting ready to be released and approximately 20 percent of those currently on parole are due to get off. He stated that the City missed the boat several years ago when they passed up the opportunity to provide a job training program for parolees. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that the memo dated January 7, 2008, from Henry Empeiio Jr., Senior Deputy City Attorney, be received and filed. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 27. Initiation of a Development Code Amendment for fencing and residential refuse enclosures in high wind areas Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that Development Services staff be directed to initiate an amendment to the Development Code to include standards for fencing and residential refuse enclosures for high wind areas. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 28. Agreements to jointly fund federal and state representation services by and between the City of San Bernardino, City of San Bernardino Water Department, and the Economic Development Agency; and resolutions authorizing the City Manager to execute services agreements with Innovative Federal Strategies, LLC, and Platinum Advisors 12 01/22/2008 RES. 2008-28 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Platinum Advisors and Innovative Federal Strategies by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Community Development Commission of the City of San Bernardino. (28A) RES. CDC/2008-1 - Resolution of the Community Development Commission of the City of San Bernardino authorizing the execution of an agreement to jointly fund the consulting services of Platinum Advisors and Innovative Federal Strategies by and between the City of San Bernardino, the Board of Water Commissioners of the City of San Bernardino, and the Redevelopment Agency of the City of San Bernardino. (28B) RES. 2007-29 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a services agreement with Platinum Advisors for State representation services. (28C) RES. 2008-30 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a services agreement with lunovative Federal Strategies, LLC for federal representation services. (28D) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolutions A through D, be adopted. Mayor and Common Council Resolution Nos. 2008-28, 2008-29, and 2008-30, and Community Development Commission Resolution No. CDC/2oo8-l were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Jolmson, McCammack. Nays: None. Absent: None. 29. An Ordinance of the City of San Bernardino adding Chapter 9.93 to the San Bernardino Municipal Code and establishing ailminilltrative civil penalties for violations of the Municipal Code. FIRST READING (Continued from November 19, 2007) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of March 17, 2008. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 13 01/22/2008 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute the Memorandum of Understanding between the County of San Bernardino and the City of San Bernardino for the Operation Phoenix Eastern Area. (Continued from January 7, 2008) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of February 4, 2008. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 31. Resolutions authorizing the purchase of a "CrimeView Enterprise" police tactical mapping solution from The Omega Group located in San Diego, California and necessary computer hardware from Zunesis, Inc. of Centennial, Colorado. (Continued from January 7, 2008) RES. 2008-31 - Resolution of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order for the purchase of a "CrimeView Enterprise" Police Tactical Mapping Solution from the Omega Group located in San Diego, California. (31A) RES. 2008-32 - Resolution of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order for the purchase of supporting computer server hardware for a "CrimeView Enterprise" Police Tactical Mapping Solution from Zunesis, Inc. of Centennial, Colorado. (31B) Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, questioned why this equipment was necessary and whether it was really going to benefit the people in the neighborhoods. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A and B, be adopted. Resolution Nos. 2008-31 and 2008-32 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14 01/22/2008 32. RES. 2008-33 - Resolution of the City of San Bernardino amending Resolution No. 6413, Sections ten, eleven, twelve and fourteen, entitled in part "A Resolution...establishing a basic compensation plan...", by updating information codifying prior council actions (General, Middle-Management and Confidential and Management Units). (Continued from January 7,2008) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-33 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris, Council Members/Commissioners Estrada, Baxter. Brinker, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Calkins, City Clerk Clark, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: None. R33. Amendment No.1 to the Arrowhead Central Credit Union 2005 Disposition and Development Agreement (Central City South Redevelopment Project Area). (Continued from January 7, 2(08) RES. CDC/2008-2 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino (" Agency") to execute Amendment No. 1 to the 2005 Disposition and Development Agreement by and between the Arrowhead Central Credit Union and the Agency (Central City South Redevelopment Project Area). Warner Hodgdon, 405 E. Arrowhead Road, San Bernardino, CA, original developer of the San Bernardino baseball stadium, provided an overview of the stadium project from its inception in 1994 to the present. He submitted copies of several documents regarding the stadium, the most recent being a memorandum dated January 17, 2008 to Jim Morris, regarding the Council Meeting of January 7, 2008, Agenda Item No. R30. Mr. Hodgdon expressed concern that the office project proposed by the Arrowhead Credit Union would preclude any further development prospects for the baseball stadium; and that it had always been the plan to expand the 5,000 fixed seats to 10,000 fixed seats during Phase II of the project. 15 01/22/2008 David W. Moore stated that he has been a consultant with RTK Consulting, Commercial Real Estate, for 30 years in this area of the Inland Empire. He advised that Arrowhead Credit Union has been involved in this project for over three years, and they had looked at several sites in this immediate area before determining that the baseball site would be the best suited location. He stated that they went through a tremendous amount of due diligence with the City staff and County public records, looking at every recorded document that is in the public record, and none of what Mr. Hodgdon presented was anything that was on the title-nothing that affected the basic overall conceptual plan. He stated that Arrowhead closed escrow in good faith with the City in September 2007, and they have been proceeding all this time in good faith; and all they are asking at this juncture is that the Commission approve the amendment at hand so they can proceed with the entitlement provisions of the documentation through the Department of Development Services here in the City of San Bernardino. He concluded by stating that it is a good plan, a good project, and it will benefit the city. Maggie Pacheco, Executive Director of the Economic Development Agency, stated that according to her records there was a conceptual plan presented in 1995; however, in 1996 the Community Development Commission rescinded that concept. She stated that never during the past ten years has there been any discussion relative to expanding the stadium. She stated that it was still staff's recommendation that the Commission approve the amendment to the Arrowhead Central Credit Union 2005 Disposition and Development Agreement. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner'Baxter, that said resolution be adopted. Resolution No. CDC/2oo8-2 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. R34. RES. 2008-34 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a modification to the boundaries of the conditionally designated San Bernardino Valley Enterprise Zone. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-34 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. 16 01/22/2008 R35. Amendment to the Economic Development Agency's Fiscal Year 2007/08 &~ . RES. 2008-35 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving.a Cooperative Agreement by and between the Economic Development Agency ("Agency") and the City of San Bernardino ("City") and authorizing the City Manager of the City to execute that certain Cooperative Agreement. (R35A) RES. CDC/2008-3 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving an amendment to the Economic Development Agency's ("Agency") fiscal year 2007-2008 Budget to allow for Tax Increment Fund balance carry-over funds and saIary savings to be used for eligible fJ.Scal year 2007-2008 one-time City expenditures and approving and authorizing the Executive Director of the Agency to execute that certain Cooperative Agreement by and between the Agency and the City. (R35B) RES. CDC/2008-4 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ("Agency") analysis and determination of the appropriateness of the planning and administration expenditures of the Low-and Moderate-Income Housing Fund for the Fiscal Year 2007-2008 Agency Budget. (R35C) Council Member/Commissioner Kelley pointed out that on page 3 of the Staff Report from Maggie Pacheco, dated January 14, 2008, it indicated that approximately $7 million was left in the carry-over Tax Increment Fund, and he asked what exactly those funds could be used for. Ms. Pacheco responded that you would have to look at precisely where the funds have been generated, because they come from various redevelopment project areas. Specifically, those tax increment funds can be used for land acquisition, infrastructure incentives, business incentives, job creation, Agency operations-the kinds of things that the Commission is doing today, as long as they can make the appropriate findings. Mr. Kelley asked if facilities could be included in the list. Ms. Pacheco answered that capital improvements are something that could be funded through tax increment-the question is whether they should be and what type of facility it is; and that is something they should look at closely at the time they are considering funding a particular capital improvement-whether it is a community facility or park improvement-those are items that can be funded through tax increment. 17 01/22/2008 Council Member/Commissioner Brinker stated that when this matter was first discussed, he suggested looking at the businesses on South "E" Street. He stated that he has been approached by several of the business owners on South "E" Street who are preparing to spend their own money to upgrade their facilities. He stated that it was still his hope that the Commission could quickly come back to discuss that specific area. Council Member/Commissioner Estrada pointed out that they had started out with over $9 million, and now there is less than $8 million. She implored her colleagues not to authorize anymore expenditures of that money until such time as the Commission has gotten together and made a determination on how it is going to be used. She implored the Mayor and his staff to please refrain from bringing anymore requests before the Commission until this decision has been made. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the Community Development Commission of the City of San Bernardino, California, forgive the Agency's Verdemont Loan Receivable, plus all accrned interest, due from the City of San Bernardino; and that said resolutions A-C, be adopted. The motion carried and Mayor and Common Council Resolution No. 2008-35 and Community Development Commission Resolution Nos. CDC/2008-3 and CDCI2008-4 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCarnmack. Nays: None. Absent: Council Member/Commissioner Johnson. 36. Public Comments Bridgette Washington, Labor Relations Representative, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, stated that over two months ago she had spoken to this Council regarding employees in the Refuse Division. Since that time there have been numerous safety concerns and purported management abuse of authority. She stated that the employees have been very patient, but the situation has gone on much too long. She asked what it was going to take for change and to hold these individuals accountable. The following Refuse Division employees spoke regarding their concerns relative to accidents, safety issues, training, pressures and threats from management, and various other items. They stated that they have been asking for help, but nobody is saying or doing anything to help them. 18 01/22/2008 Charles Greenwood; Jake Romero, 5854 N. Louise, San Bernardino, CA; David Maynus. City Manager Wilson advised that a Labor/Management Committee had been set up, and that he was committed to sitting down with these people and their management to resolve these issues. Some of the Council members expressed doubt that a meeting with both groups at the same time would be effective, and it was suggested that one member of the Council sit in on the meeting. This person would not be there to speak, but to observe and help the Council understand the problem. Council Member/Commissioner Estrada volunteered to sit on the committee, stating that she thought the Council should direct the City Manager to bring a report back at the earliest possible time. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA spoke regarding the decline of the stock market and the domestic economy and offered suggestions on how to try and combat this downturn. 37. Adjourmnent At 6:17 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, February 4, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By: RACHEL G. CLARK City Clerk ~;3.~ Linda E. Hartzel Deputy City Clerk No. of Items: 37 No. of Hours: 4.5 19 01/22/2008