HomeMy WebLinkAbout06-02-2008 MinutesCITY OF SAN BERNARDINO
300 N. `D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick 1. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
RtW Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 2, 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 1:35 p.m., Monday, June 2, 2008, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk
Clark, City Manager Wilson.
Absent: Council Members/Commissioners Baxter, Derry.
Council Member/Commissioner Derry Arrived
Council Member/Commissioner Derry arrived at 2:01 p.m.
Council Member/Commissioner Brinker Arrived
Council Member/Commissioner Brinker arrived at 2:08 p.m.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
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06/02/2008
People v. Jose Luis Lopez, Jr., et al. - San Bernardino Superior Court
Case No. SCVSS 134051;
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 07-01027SGL (Opx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. Charter Communications, Inc.
City v. Agyna Camacho (Claim 1l 04020801001)
City of San Bernardino v. California State University
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization(s):
General Unit
Middle -Management
San Bernardino Confidential Management Association
Fire Fighters Local Union No. 891
San Bernardino Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
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People v. Manta Management Corp. - San Bernardino Superior Court Case
No. SCV 18157; and
People v. Manta Management Corp. - San Bernardino Superior Court Case
No. SCVSS 117285.
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 Morris extended condolences to the families and requested a moment of silence in
memory of Margaret Gabriel, Jack Widmeyer, Pastor Herbert C. Pugh, C.W. "Duke"
Cox, Ann Ivey, and Neal T. Baker.
Invocation/Pledge of Allegiance
The invocation was given by Sister George Anne of the Diocese of San Bernardino. The
pledge of allegiance was led by Larry Allen of Anderson School.
2. Appointments
There were no commission appointments.
3. Presentations
Mayor Morris presented Ambassador of Goodwill Certificates to Crista Cabahug,
Andrew Duenez, Gage Ramirez, and Rachel Fredericks on being selected as this
year's Tachikids, who will represent San Bernardino in its sister city of
Tachikawa, Japan.
Council Member Baxter presented gifts to the Mayor and Council from his recent
visit to the sister cities of Goyang City, Korea and Seoul, South Korea.
Wayne Austin, President/CEO of the San Bernardino Convention and Visitors
Bureau, and Fire Engineer Tom Rubio, Director of Marketing and Public
Relations for the San Bernardino Professional Firefighters Union, presented a
check for $5,731 (part of the proceeds from the first Bikes and Blues Rendezvous
event held during the first week in May) to the Edward G. Hirschman Bum
Center at the Arrowhead Regional Medical Center.
Council Member Brinker presented a Resolution of Commendation to the Cal
State University San Bernardino's Model United Nations' Team and a Certificate
of Recognition to CSUSB's ASI (Associated Students Incorporated) outgoing
president, Anthony Conley.
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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 Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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: April 21,
2008; and May 5, 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 Baxter 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 May 14, 2008, 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.
4 06/02/2008
8. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Interim Chief Examiner, dated May 29, 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. Request for budget amendment to transfer $145,300 from the General Fund
Budget Reserve to cover costs of elections held in November 2007 and
February 2008
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2007/08 budget by appropriating $145,300 from the Budget
Reserve into Account No. 001-032-5502 (Professional and Contractual Services)
to cover the cost of the FY 2007/08 elections held on November 6, 2007 and
February 5, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
10. ORD. MC-1272 - An Ordinance of the City of San Bernardino amending
Section 5.04.015 of the San Bernardino Municipal Code by adding Subsection
"E" relating to Business Registration Certificate Application processing fees.
FINAL READING (Continued from May 19, 2008)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted.
Ordinance No. MC-1272 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
5 06/02/2008
11. Set budget hearing dates for FY 2008/09 Budget
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council set the
Fiscal Year 2008/09 budget workshop dates for June 11, 18, 25 and 30, at 5:30
p.m., in the Economic Development Agency Boardroom, to review the Fiscal
Year 2008/09 City and Economic Development Agency Budgets.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
12. Set a public hearing for Monday, June 16, 2008, at 4:00 p.m., to consider a
resolution adopting updated building permit and plan review fees
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that a public hearing be set for Monday, June
16, 2008, at 4:00 p.m., in the City Hall Council Chambers, to consider a
resolution adopting updated building permit and plan review fees.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
13. RES. 2008-165 - Resolution of the City of San Bernardino determining the
amount of property tax revenues to be exchanged between and among the
City of San Bernardino and the City of Highland resulting from the
jurisdictional change described by LAFCO 3096 for the area generally
located at the northerly terminus of Applewood Street in the City of San
Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-165 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. Item Deleted
15. Norton Space and Aeronautics Academy - Reimbursement Agreement for
waiver/refund of fees
6 06/02/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of August 4, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
16. RES. 2008-166 - Resolution of the Mayor and Common Council of the City
of San Bernardino appointing specific directors to the Big Independent Cities
Excess Pool (BICEP) Joint Powers Authority.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-166 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Amendments to Side Letter Agreements with General and Mid -Management
Employees Bargaining Units; and amendment to Resolution No. 2007-345
authorizing agreement with Management/Confidential Employees
RES. 2008-167 - Resolution of the City of San Bernardino amending
Resolution No. 2007479 Article III, Compensation, Section 1, Salaries,
Subsection B(2), of the Side Letter between the City and General Unit
Employees Bargaining Unit. (17A)
RES. 2008-168 - Resolution of the City of San Bernardino amending
Resolution No. 2007-480 Article III, Compensation, Section 1, Wages,
Subsection B(2), of the Side Letter between the City and Middle Management
Employees Bargaining Unit. (17B)
RES. 2008-169 - Resolution of the City of San Bernardino amending
Resolution No. 2007-345, Section 2, B(2), Compensation, between the City
and Management/Confidential Employees and repealing Resolution No. 2007-
481. (17C)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A-C, be adopted.
Resolution Nos. 2008-167, 2008-168 and 2008-169 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
7 06/02/2008
18. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the award of an annual purchase order for maintenance of the
Police Document Imaging System Workflow Software and scanning station
hardware/software to Avrio Corporation of Glendale, CA.
Note: No backup materials were distributed.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of June 16, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the award of a purchase order for police vehicle safety equipment
to Adamson Police Products of Los Alamitos, CA.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of June 16, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the award of an annual purchase order for police vehicle safety
lighting and siren equipment to Federal Signal Corp. of University Park, IL.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of June 16, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
8 06/02/2008
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the award of a purchase order for maintenance services to
Tiburon Inc. of Pleasanton, California.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of June 16, 2008.
The motion carried 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 award of an annual purchase order for the City's 800 MHz
voice/data backbone, MDC maintenance, dispatch console maintenance, and
user equipment maintenance to the County of San Bernardino's 800 MHz
Group.
Note: No backup materials were distributed.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of June 16, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing a fiscal year 2008/2009 purchase order to NPA Computers Inc.
for maintenance of the City's computer and networking hardware and
operating system software.
Note: No backup materials were distributed.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of June 16, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9 06/02/2008
24. RES. 2008-171 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Vendor Service
Agreement and authorizing the Director of Finance to issue a purchase order
to W. Wood and Associates in the amount of $74,400, pursuant to Municipal
Code Section 3.04.010 B3 for maintenance of landscape and irrigation at the
San Bernardino Soccer Complex.
Council Member/Commissioner McCammack abstained due to the fact that this
matter involves one of her clients.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-171 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Abstentions: Council Member/Commissioner McCammack.
Absent: None.
25. RES. 2008-173 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase in the amount of $35,455 to
Purchase Order No. 301339 to Nelson Paving and Grading Corporation
(NPG), and authorizing the City Manager to execute a Vendor Service
Agreement with NPG for resurfacing the parking lot and basketball court at
Delmar Heights Park.
Council Member/Commissioner Johnson 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 $28,000 from Account No. 243-
363-5504-7266 (Nunez Parking Lot Resurfacing) to Account No. 243-363-5504-
7753 (Parking Lot Resurfacing - Blair, Littlefield/Shultis, Perris Hill and
Wildwood); and that said resolution be adopted.
The motion carried and Resolution No. 2008-173 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
26. Resolutions authorizing the purchase of an update to the Police Department's
Automated Reporting System, Records Management System and Computer -
Aided Dispatch System
Resolution of the City of San Bernardino authorizing the purchase of an
update to the Police Department's Automated Reporting System, Records
Management System, Computer Aided -Dispatch System and Computer -
Aided -Dispatch servers from Tiburon, Inc., of Pleasanton, California.
(26A)
10 06/02/2008
Resolution of the City of San Bernardino authorizing the purchase of
Records Management System servers from Zunesis Inc., of Centennial,
Colorado. (26B)
Resolution of the City of San Bernardino authorizing the purchase of an
Oracle database software upgrade from Mythics, Inc., of Virginia Beach,
Virginia. (26C)
Resolution of the City of San Bernardino authorizing the purchase of Evdo
modems from the San Bernardino County 800 MHz Group (A Government
Agency) of San Bernardino, California. (26D)
Note: No resolutions were distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of June 16, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
27. RES. 2008-172 - Resolution of the City of San Bernardino authorizing the
City Manager to execute Amendment No. 3 to the Services Agreement with
the San Bernardino City Unified School District for the operation of the
School Crossing Guard Program by the Police Department.
City Attorney Penman abstained because his wife is a member of the school
board. He stated that Special Counsel Sabo had reviewed and signed the
resolution.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-172 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2008-170 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Memorandum of
Understanding between the City of San Bernardino and its Police
Department, California Highway Patrol, Department of Corrections and
Department of Mental Health for Law Enforcement on Patton State Hospital
grounds.
11 06/02/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-170 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. RES. 2008-174 - 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 in the amount of $110,000 with two (2) one-year extensions at
the City's option between the City of San Bernardino and Fluoresco Lighting
& Signs for streetlight maintenance services.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-174 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
30. Proposed Verdemont Multi -Use Trails Plan
The following individuals spoke in support of the project:
Hank Mitchell, 3766 Belmont Avenue, San Bernardino, CA, Chairman of the
Verdemont Trails Committee; and
Barbara Schniderhan, 3748 W. Meyers Road, San Bernardino, CA, Verdemont
Trails Committee.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council approve in
concept and refer the proposed Verdemont Multi -Use Trails Plan to Parks,
Recreation and Community Services for inclusion in the Parks Master Plan.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
31. Ordinance of the City of San Bernardino adding Chapter 5.57 to the San
Bernardino Municipal Code regarding scrap metal recycling. FIRST
READING
Note: No backup materials were distributed.
12 06/02/2008
Staff requested a two -week continuance.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of June 16, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
32. An Ordinance of the City of San Bernardino adding Chapter 5.19 to the San
Bernardino Municipal Code regarding prohibiting sex offenders from
peddling and soliciting and repealing Section 5.04.605 regarding house -to -
house solicitors. FIRST READING
Staff requested a two -week continuance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of June 16, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
33. RES. 2008-175 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
6 to Contract 02-1166 A-6 with the County of San Bernardino Public Health
Department and accepting the proposal amount of $110,000 for the period of
July 1, 2008 through June 30, 2010 for the Mentoring Program.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-175 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
34. RES. 2008-176 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
2 to Contract 07-481 A-2 with the County of San Bernardino Department of
Aging and Adult Services (DAAS), accepting the proposal amount of
$253,008 for the period of July 1, 2008 through June 30, 2009 for the Senior
Nutrition Program.
13 06/02/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2008-176 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
35. Public hearing - establishing certain fees for services furnished by the City of
San Bernardino
RES. 2008-177 - Resolution of the City of San Bernardino amending
Resolution 96-188 and Resolution 2008-149 establishing certain fees for
services furnished by the City of San Bernardino.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2008-177 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.
36. Public hearing - Resolution authorizing execution of an agreement and
resolution ordering work relative to the proposed Cajon Boulevard and Glen
Helen Parkway Area Landscape Maintenance Assessment District No. 1064
RES. 2008-178 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing and directing the execution of a Landscape
Maintenance Services Agreement relative to the proposed Assessment District
No. 1064 (Cajon Boulevard and Glen Helen Parkway Area Landscape
Maintenance Assessment District). (36A)
14 06/02/2008
RES. 2008-179 - Resolution of the City of San Bernardino finding 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 Cajon Boulevard and Glen
Helen Parkway area, approving the final engineer's report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1064, 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. (36B)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing relative to the formation of the
Cajon Boulevard and Glen Helen Parkway Area Landscape Maintenance
Assessment District No. 1064, be closed; and that said resolutions A&B, be
adopted.
The motion carried and Resolution Nos. 2008-178 and 2008-179 were adopted by
the following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council
Member/Commissioner Derry.
37. Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 5.20.040 relating to fees for massage parlors and
massage technicians operating within established beauty salons. FIRST
READING (Continued from May 19, 2008)
City Attorney Penman advised that subdivision B, line 8 of the ordinance was
incorrect and needed to be revised.
Staff recommended that the matter be deferred to the end of the Council meeting,
at which time staff provided a revised ordinance to the Mayor and Council.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Derry, Kelley.
15 06/02/2008
38. Presentation from Inland Communities
Staff requested a two -week continuance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of June 16, 2008.
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
Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman,
City Clerk Clark, Economic Development Agency Interim Executive
Director Marzullo and Special Counsel Sabo.
Absent: Council Member/Commissioner Derry.
R39. Presentation of historical information and consideration of a Grant
Application and License Agreement for the 216-Wurlitzer Organ located in
the California Theatre of the Performing Arts, 562 West r Street, San
Bernardino (Central City North Redevelopment Project Area)
Bud Coffey, representative from the Inland Empire Theatre Organ Society, spoke
in support of restoring the organ.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that the Community Development
Commission of the City of San Bernardino authorize Agency Staff to submit a
Save America's Treasures Grant Application to the National Parks Service in an
estimated dollar amount of $358,000 for refurbishing, repairs and upgrades to the
216-Wurlitzer Organ located in the California Theatre of the Performing Arts,
562 West 4' Street, San Bernardino and approve and authorize the Interim
Executive Director to execute a form of a License Agreement with the Inland
Empire Theatre Organ Society (Central City North Redevelopment Project Area).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry.
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40. Public Comments
Betty Jean Long, 869 N. "F" Street, San Bernardino, CA, spoke about the
number of homeless people in the City of San Bernardino and the need for more
shelters.
Rick Avila, 4022 N. "F" Street, San Bernardino, CA, spoke about a lawsuit that
had been brought against him by Arrowhead Credit Union.
Anthony Garacci, 966 W. Crescent, San Bernardino, CA, stated that he is no
longer a statistic —he has been off parole for one month. He stated that for three
years he has received help from Tom Kanavos and his program, and that he is
now one of his house managers. He added that he was now able to vote.
Victor Suarez, P.O. Box 737, San Bernardino, CA, member of ACORN, spoke
about the lack of police patrol, potholes, and the conditions of the sidewalks in
the City.
Lisa Loza, 984 Hope Street, San Bernardino, CA, member of ACORN, stated
that she and her husband found an 8-foot deep open manhole in a field at Norman
Road and Clevenger. She stated that they notified the City workers at the
construction site, but nothing was done about it.
Paloma Duran, 10870 Broderick Drive, San Bernardino, CA, representing Gil
Navarro, shared his concern over the severity of California's seven year drought
combined with Federal cuts in water allocations from the north, and the effects
this might have on San Bernardino residents. She stated that his hope was that
the Mayor and Council would look at implementing water conservation measures.
James Smith, 1156 E. 241h Street, San Bernardino, CA, thanked City staff for
giving the Native Sons of the Golden West the opportunity to dedicate Phase II of
the Verdemont Trails Plan.
41. Adjournment
At 5:42 p.m., the meeting adjourned to 5:30 p.m., Wednesday, June 11, 2008, in
the Economic Development Agency Boardroom, for discussion of the FY
2008/09 budget.
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The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, June 16, 2008,
in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHEL G. CLARK
City Clerk
By e'1 Linda Sutherland
Deputy City Clerk
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