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Home My WebLink About06-Council Minutes Mayor Padick 1. Morita CITY OF SAN BERNARDINO caaaeB Menibara: Esther Eshada 300 N. "D "Street Dennis 1. Baxter San Bernardino, CA 92418 Tobin Brinker Website: www.sbcity.org ^'"iDCJ1y L7ms Kelley p4~' ~ RikkeYanlohnson 174 Welly McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 16, 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 1:32 p.m.> Monday, June 16, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Moms; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clazk, City Manager Wilson. Absent: Council MemberlCommissioner Kelley. Council Member/Commissioner Kelley Arrived at 1:38 p.m. Council Member/Commissioner Estrada Excused at 6:15 p.m. 1. Closed Session A. Conference with legal counsel -existing litigation -pursuant to Government Code Section 54956.9(a): Richazd "Scott" Moss et al v. Ciri of San Bernardino, et al. -United States District Court Case No. EDCV 07-01027 SGL (OPx); 1 06/16/2008 San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. -San Bernardino Superior Court Case No. CIVSS 807685; City of San Bernardino v. Larry M. Hall, et al. -San Bernardino Superior Court Case No. CIVSS 801496. 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: San Bernardino City Professional Firefighters, Lora[ 891 v. City of San Bernardino 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. California State University D. Closed Session -personnel -pursuant to Government Code Section 54957. j 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 2 o~t6noos G. Conference with real property negotiator -pursuant to Government Code Section 54956.8: IVDA Redevelopment Project Area 1. Property Address: 1350 S. "E" Street APN: 0140-143-51 Negotiating Parties: Emil A. Marzullo, Interim Executive Dtrector on behalf of the Redevelopment Agency, and Randy Van Gelder, General Manager on behalf of the San Bernardino Valley Municipal Water District Under Negotiation: Purchase price, terms & conditions Mt. Vernon Corridor Redevelopment Project Area (ARCO AM/PM Service Station) 2. Property Addresses: 542 North Mt. Vernon Avenue Negotiating Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency, and Richard Anderson, Managing Member on behalf of El Paseo Petroleum, LLC Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following items would be discussed in closed session under Agenda Item No. 1B, Significant Exposure to Litigation: One additional case; Agenda Item Nos. 8 and 32 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/Chairman Morris extended condolences to the family and requested a moment of silence in memory of William E. "Bill" Leonard. 3 06/16/2008 Iavocation/Pledge of ABegiance The invocation was given by Pastor Kevin Webb of Crossroads Christian Fellowship. The pledge of allegiance was led by Cadet Captain Jacob Rodriguez of the California Cadet Corps. 2. Appointments There were no wmmission appointments. 3. Proclamations & Presentations Andrea Martin, a student at San Andreas High School, was presented the Student of the Morah award by Council Member Derry. Council Member Johnson recognized Randolph Riley, a member of the Northwest PAC, as Citizen of the Month. Mayor Morris presented Certificates of Recognition to the following members of the California Cadet Corps, who have distinguished themselves by capturing top awards at the State level: • Cadet Major Brittany Contreras, San Gorgonio High School, who was not in attendance, but was selected as the California Cadet Corps' top cadet in the State; • Cadet 1" Class Marianna L. Hernandez, Del Vallejo Middle School and Cadet 1" Class Destiny Granados, Curtis Middle School; ~I • Cadet Sgt. Tiffany Armenta, Shandin Hills Middle School; • Cadet Staff Sgt. Daniel Calistro, Del Vallejo Middle School; • Cadet Warrant Officer I, Lizbeth Zavala, Shandin Hills Middle School; • Cadet Staff S .Justin Little, Del Vallejo Middle School; gt J • Cadet 1. Mariah Lof an Shandin Hills Middle School• CP !p , • Cadet Sgt. Juan Valdehimar, Curtis Middle School; • Cadet Cpl Ashley Palmer, San Gorgonio High School; • Cadet Master Sgt. Richard O'Howell, Middle College High School; • Cadet god Lt. Michael Mendez, Middle College High School; • Cadet 2°d Lt. Christina Amezquita, Pacific High School; • Cadet Capt. Jacob Rodriguez, San Gorgonio High School; • Cadet Major Helen Maduena, Cajon High School; • Cadet Lt. Col. Cameron Urquhart, Cajon High School. 4 06/16/2008 The following individuals were presented a service pin awazd by Mayor Morris in recognition of their many yeazs of dedicated service to the City: Name Department Years of Service Hemy Empeiio Jr. City Attorney 20 Joseph Lease Development Services 20 Sazah Foster Fire 5 Matthew Topoleski Fire 20 Steven Rouchleau Pazks and Recreation 20 Dan Acosta Police S Michael Billdt Police 30 Reuben Cordoba Police 10 William Flesher Police 30 Michael Fox Police 20 Ronald I{ain Public Services 20 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding vazious civic, community, and chamber events and activities. 5. Waive 111 Reading of Resolutions & Ordinances Council MemberlCommissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regulaz agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously with all members present. 6. Claims & Payroll 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 June 9, 2008, from Bazbaza Pachon, Director of Finance, be approved. The motion carried unanimously with sll members present. 7. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the personal actions, as submitted by the Interim Chief Examiner, dated June 11, 2008 (Revised 6/12/08) in accordance with Civil Service rules and Personnel policies adopted 5 06/16/2008 by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion canned unanimously with all members present. 8. RES. 2005-235 -Resolution of the Mayor and Common Coundl of the City of San Benuadino suthorizhtg the City Manager to execute a Master Services Memoranda of Understanding with the Water Department for provision of City services [or Fiscal Year 2008/2009. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-235 was adopted unanimously with all members present. 9. ORD. MC-1273 -Ordinance of the City oP San Bernardino amending San Bernardino Munidpal Code Section 5.20.040 relating to tees for massage parlors and massage technicians operating within established beauty salons. FINAL READING (Contimied from June 2, 2008) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1273 was adopted unanimously with all members present. 10. Item Deleted 11. Resolutions confirming the 2008/09 Assessment Rolls for various assessment districts RES. 2008-180 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road area. (11A) RES. 2008-233 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 952, Zone 1, Zoae 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University area. (11B) RES. 2008-232 -Resolution of the City of San Bernardino confh~ming the 2008/2009 Assessment Roll for Assessment District No. 953, Landscaping Maintemnce Distrld, 16th Street and Medical Center Ddve area. (11C) RES. 2008-181 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive area. (11D) 6 06/16/2008 RES. 2008-182 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 959, Zone 1 and Zone 2, Landscaping Maintenance Assessment District, Shandin Hills area. (11E) RES. 2008-183 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue area. (11~ RES. 2008-184 -Resolution of We City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street area. (11G) RES. 2008-185 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (11H) RES. 2008-186 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (lin RES. 2008-187 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street area. (11.n RES. 2008-188 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue area. (11I~ RES. 2008-189 -Resolution of the City of San Bernardino cenfirming the 2008/2009 Assessment Roll Por Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue area. (11L) RES. 2008-190 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive area. (11M) RES. 2008-191 -Resolution of the City of San Bernardino confirming the ~ 2008/2009 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street area. (11N) ~ o6it~2oos RES. 200&192 -Resolution of the City of San Bernardino confirming We 2008/2009 Assessment Roll Por Assessment District No. 959, Sewer Lift Station and Landscaping Maintenance District, M~71 Street and Macy Street (110) RES. 2008-193 - Resohution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue area. (11P) RES. 2008-194 -Resolution of the City of San Bernardino confirming the 2005/2009 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street area. (11~ RES. 2008-195 - Resolation of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment DisMa No. 997, Landscaping Maintenance District, Chestnut Avenue area. (11R) RES. 2008-196 - Resohution of the City o[ San Bernardino confirming the 2008/2009 Assessment Roll for Asse~ment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street area. (11S) RES. 2008-197 -Resolution of the City of Sen Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, KA" Street area. (11'l~ RES. 2008-198 -Resolution o[ the City of San Bernardino confirming the 2008/2009 Assessment Roll [or Assessment DisMa No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) area. (llin RES. 2008-199 - Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue area. (11V) RES. 2008-200 -Resolution of the City of Sen Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street area. (11~ RES. 2008-201 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. (1173) 8 06/16/2008 RES. 2008-202 -Resolution of the City of Sen Bernardino cenfirming the 2008/2009 Assessment Roll for Assemment District No. 1017, Landscaping Maintenance Dlstrid, Pine Avenue and Kendall Drive area. (ilk RES. 2008-203 - ResoWtion of the City of San Bernardino twnfirming the 2008/2009 Assessment Roll for Assemment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment Distrid. (11Z) RES. 2008-204 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment DisMd No. 1019, Landscaping Maintenance D1sMd, NorWpark Boulevard and Mountain Drive area. (11AA) RES. 2008-205 -Resolution of the City of San Bernardino wnfirmiag the 2008/2009 Assessment Roll for Assessment Distrid No. 1020, Landscaping Maintenance DisMd, Mill Street and Dallas Avenue area. (11BB) RES. 20~-206 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment Dislrid No. 1022, Zone 1, Zone 2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment Distrid , SBIAA/Alliance California area. (11CC) RES. 2008-207 -Resolution of the City of San Bernardino coufirming the 2008/2009 Assessment Roll for Assessment Distrid No. 1023, Landscaping Maintenance Distrkt, Elm Avenue and Coulston Street area. (11DD) RES. 2008-208 -Resolution of the City of San Bernardino confrming the 2008/2009 Assessment Roll For Assessment Distrid No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive area. (11EE) RES. 2008-209 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment DisMd No. 1025, Landscaping Maintenance Distrid, Palm Avenue and Washington Strad area. (11FF) RES. 2008-210 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment Distrid No. 1027 Landscaping Maintenance Distrid, Waterman Avenue and Washington Street area. (11GG) RES. 2008-211 -Resolution of the City of Sen Bernardino confirming the 2008/2009 Assessment Roll for Asses~ent Distrid No. 1028 Landscaping Maintenance Distrid, Ohio Avenue and Walnut Avenue area. (111111) 9 06/16/2008 RES. 2008-212 -Resolution of the City of San Bernardino confirming the 2008/2009 Amt Roll for Assessment District No. 1029 Landscaping Maintenance District, Californfa Street and 16" Street area. (11TH RES. 2008-213 -Resolution of the City of San Bernardino confirming the 2008/2009 Amt Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (11JJ) RES. 2008-214 -Resolution o[ the City of San Bernardino confirming the 2008/2009 Amt Roll [or Assessment District No. 1031 Landscaping Maintenance District, Irvington Avenue and Olive Avenue area. (11I~ RES. 2008-215 -Resolution of the City of San Bernardino confuming the 2008/2009 Assessment Roll for Assessment Dlstntct No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive area. (11LL) RES. 2008-216 -Resolution of the City of San Bernardino confirming the 2008/2009 Special Tex for certain parcels of real property within Community Facilities District No. 1033 [or a portion of the operation and maintenance costs of the Verdemont Fire Station. (11MM) RES. 2008-217 -Resolution of the CIty of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Patin Avenue and Meyers Road (11NN) RES. 2008-218 -Resolution of the City of Ssn Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway area. (1100) RES. 2008-219 -Resolution of the City of San Bernardino ~wnfirming the 2008/2009 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue area. (11PP) RES. 2008-220 -Resolution of the City of Ssn Bernardino twn[irming the 2008/2009 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue area. (11Q~ RES. 2008-221 -Resolution of the City of Ssn Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance DIsMct, Irvington Avenue and Chestnut Avenue area. (11RR) to 0~16/2oos RES. 200&234 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll [or Assessment District No. 1040, Landscaping Maintenance Disd3ct, Acacia Avenue and Hill Drive area. (11SS) RES. 2008-222 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1041, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (1111') RES. Z0~-223 -Resolution of We City of San Beroardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive area. (11IJIJ) ~ RES. 2008-224 -Resolution o[ the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenae and Irvington Avenue area. (11V~ RES. 2008-225 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1045 Landscape Maintenance District, located in the Waterman Avenue and Orange Show Road area. (11WW) RES. 2008-226 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll [or Assessment District No. 1046 Landscape Maintenance District, Northpark Boulevard and Northstar Avenue area. (11RIL) RES. 2008-227 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1047 Landscape Maintenance Distrito, located in the Ohio Avenue and Pine Avenue area. (111'I') RES. 2008-228 - Resolntion of the City of San Bernardiao confirming the 2008/2009 Assessment Roll for Assessment District No. 1050 Landscape Maintenance Distrlct, located in the Pepper Avenue and Rialto Avenue area. (11ZZ) RES. 2008-229 -Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1052 Landscape Maintenance District, located in the Behnont Avenue and Chestnut Avenue area. (11AAA) 11 06/16/2008 RES. 2008-2311 - Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1060 Landscape Maintenance Dlstrid, located in the Chiquita Lane and Date Street area. (11888) RES. 2008-231 - Resolution of the City of San Bernardino, authorizing and setting the Special Tax Rate for that certain area generally located north of Highland Avenue, east of Golden Avenue for Paramedic Services, Special Tax Area 2006-1, and approving the F~CaI Year 2008/2009 Taa Roll. (11000) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A-Z, AA-ZZ, and AAA-CCC, be adopted, except for 118, 11C, and 11SS. Resolution Nos. 2008-180 through 2008-231 were adopted unanimously with all members present. Council Member/Commissioner Kelley stated that he would abstain on Agenda Item No. 118 as he resides within 500 feet of that assessment district, left the dais, and returned after the vote was taken. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution 118 be adopted. Resolution No. 2008-233 was adopted. Ayes: Baxter, Brinker, Derry, Johnson, McCammack. Nays: Estrada. Abstentions: galley. Absent: None. Council Member/Commissioner Johnson stated that he would abstain on Agenda Item No. 11C as he resides within 500 feet of that assessment district, left the dais, and returned after the vote was taken. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution 11C be adopted. Resolution No. 2008-232 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, galley, McCammack. Nays: None. Abstentions: Johnson. Absent: None. Council Member/Commissioner Derry stated that he would abstain on Agenda Item No. 11SS as he lives within that assessment district, left the dais, and returned after the vote was taken. 12 06/16/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution 11SS be adopted. Resolution No. 200&234 was adopted. Ayes: Estrada, Hagler, Brinker, Kelley, Johnson, McCammack. Nays: None. Abstentions: Derry. Absent: None. 12. RES. 2008-243 -Resolution of the City of San Beraardino authorizing amending and restating Part-time, Seasonal and Temporary (PST) Deferred Compensation Plan Document (FICA-Substitute Plan or OBRA Plan). Council Member/Commissioner McCammack questioned why this item was just f rwazd toda when it should have been done in Jan 2008. She co o ~8 Y ~rY stated that over and over again the Council is being asked to act upon things that should have been brought forward six to eight months prior. Council Members/Commissioners McCammack and Kelley requested that an e- mail be sent to them indicating when the RFP went out on this item. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2008-243 was adopted unanimously with all members present. 13. Resolution of the City of San Beraardino authorizing the execution of an agreement with Nationwide Retirement Solutions, Inc. for services as administrator of the City of San Bernardino Deferred Compensation Plan. Staff requested atwo-week continuance of this matter due to concerns regazding the agreement. Council Member/Commissioner Kelley made a motion, sewnded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of July 7, 2008. The motion carried unanimously with all members present. 14. RES. 2008-236 -Resolution of the Mayor anti Common Coancil of the City of San Bernardino authorizing a purchase order to SUCABA Company, Inc. (SUCABA) for the provision of Workers' Compensation and Liability Claims Software Services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-236 was adopted unanimously with all members present. 13 06/16/2008 15. Item Deleted 16. RFS. 2008-237 -Resolution of the Mayor anti Common Council of the City of San Bernardino to authorize the execution of agreements with Dr. Lawrence Blum, Ph.D. and Dr. Susan Saxe-Clifford, Ph.D. and purchase orders [or the provision of pre-employment physicals and fitness for duty psychological testing for police and fire safety personnel. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-237 was adopted unanimously with all members present. 17. RES. 2008-238 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the exewtion of an agreement and purchase order to Accele, Inc., for maintenance of the Permits+ System. Council Member/Commissioner McCammack made a motion, sewnded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-238 was adopted unanimously with all members present. 18. RFS. 2008-239 -Resolution of the Mayor and Common Council of the City of San Bernardino aphorizing the execution of letters of intent and issuance of a purchase order to AT&T for DS3 and Tl Data Transport Service. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-239 was adopted unanimously with all members present. 19. RFS. 2008-244 -Resolution of the Mayor and Common Council of the City of San Bernardino anthorizing the City Manager to execute a Letter of Agreement with KaBOOM! and the Boys and Girls Club of San Bernardino for acommunity-build playground to be constructed at Delmann Aeights Park. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-244 was adopted unanimously with all members present. to o~~~zoos 20. RES. 200&240 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing We Director of finance to increase Purchase Order No. 208064 issued to Waterline Technologies, Inc. in the amount of $7,500, Prom $30,940 to $38,440 for pool chemicals to be utilized at City pool sites. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-240 was adopted unanimously with aB members present. 21. RFS. 2008-241 -Resolution of We Mayor and Common Council of the City of San Bernardino authorizing the execution of a lease agreement and issuance of a purchase order to Chase Ilinandal Services for tempt improvements required to expand police parking and for the FY 2008-09 parking lot lease and utility payments not to exceed $70,000. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. ~ Resolution No. 2008-241 was adopted unanimously with all members present. 22. RES. 2005-245 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of upgraded computer server hardware for the Police Department's Automated Reporting System from Zunesis, Inc. of Centemial, Colorado. Council Member/Commissioner Johnson made a motion, seconded by Council ~ Member/Commissioner Baxter, that said resolution be adopted. Resolution No. ~ 2008-245 was adopted unanimously with aU members present. ' 23. RES. 2008-242 -Resolution of the City of San Bernardino authorizing the purchase of an update to the Police Department's Automated Reporting System, Records Management System, and Computer Aided-Dispatch System from Tiburon Incorporated. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-242 was adopted unanimously with all members present. j 24. Re rt the six-month ilot ro to restrict f po regarding p p gram parking on Street Sweeping Route 11 in Ward 5 and Route 31 in Ward 7 15 06/16/2008 Council Member/Commissioner Kelley discussed some of the negative impacts resulting from the pilot street sweeping program in his wazd. Additionally, it was noted that utilizing the parking control officers for the program was not a good use of the officer's time, and that if the program went city-wide, signage alone would cost $1 million. Council Member/Commissioner McCammack suggested changing some of the signage to two-sided signs at points of ingress and egress. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the pilot street sweeping program be discontinued in the Fifth Wazd only, but that it remain in the Seventh Wazd. The motion carried unanimously with all members present. 25. RES. 2008-246 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 2 to Contract 05/06-747-0056 RD wlth the San Bernardino City Unified School District for the Creative Before. and After School Program for Success (CAPS) [or FY 08/09. City Attorney Penman declazed a conflict and left the Council Chambers because his wife is a member of the school boazd. He stated that Special Counsel Sabo had reviewed the resolution and was available to answer any questions. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-246 was adopted unanimously with all members present. 26. Appeal hearing regarding the decision of the City Clerk concerning delinquent transient lodging taxes owed by the Budget Lodge Staff noted that the matter had been resolved and a motion to table would be in order. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. The motion carried unanimously with all members present. City Attorney Penman advised that the attorney representing Budget Lodge had requested a 45-day continuance until the settlement documents could be prepazed. 16 06/16/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued for 45 days, to the Council/Commission meeting of August 4, 2008. The motion carried unanimously with all members present. 27. Public hearing to consider a resolution adopting updated building permit and plan review fees Resolution of the City of San Bernardino adopting updated building permit and plan review fees. Note: No resolution was distributed with the backup materials. 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 matter be continued to the Council/Commission meeting of July 7, 2008. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: Kelley. Absent: None. 28. Public hearing -Sales and Purchase Agreement and a Quitclaim Deed - City Water Department property located northerly of Sepulveda Avenue, north of 54" Street RES. 2008-247 -Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of City Water Department owned parcel of real property generally located northerly of Sepulveda Avenue, north of 54f° Street in the City of San Beraardino. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed relative to the sale of City Water Department property located northerly of Sepulveda Avenue, .north of 54'" Street; and that said resolution be adopted. The motion carried and Resolution No. 2008-247 was adopted unanimously with all members present. t7 oc~t~2oos 29. Public Leering -resolution prohibiting parking upon certain designated streets and alleys - no perking between the hom~s of ten p.m. and six a.m. except by permit zones on residential streets located w[thin Tract No. 10260 - FootLill Villas Estates (Continued from May 19, 2008.) RES. 2008-248 -Resolution of the City of San Bernardino amending Resolntioa No. 3985 entitled, in part, "A Resolution...prohibiting parking upon certain designated streets, alleys, or portions thereof..." to establish no parking between the hours of ten p.m. and six a.m. except by permit zones on residential streets located within Tract Number 10260 (also known as the Foothill Villas Estates). Council Member/Commissioner Derry left the dais, stating that he would abstain on this item because he lives in Foothill Villas Estates. Mayor/Chairman Morris opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clazk administered an oath to the following individuals that they would provide true and honest testimony: Darryl Jackson, 469 W. 59m Street, San Bernardino, CA, spoke in support of the proposed resolution and submitted a document titled, Party Nght ~ Foothills Estates Community detailing the grievances of the residents against the partygoers who live in and frequent the neighborhood. Hector Martinez, 452 W. Aries Lane, San Bernardino, CA, Neighborhood Watch Captain, stated that there have been nothing but problems in the neighborhood since he moved in. He submitted for the record a packet of various written transmittals regarding the problem. Council Member/Commissioner McCammack requested that the Police Department help enforce the noise ordinance, which allows for confiscation of boom boxes, speakers, mufflers, end the vehicles, if necessary, from those individuals who aze violating the ordinance the Council has enacted. She stated that she would like to know the number of vehicles/items that have been confiscated; and stressed that we need to start doing this if we want to see this problem alleviated. Assistant Chief Goggin explained that part of the problem is the fact that the officers have to first give these individuals an opportunity to turn the noise down. He stated he would do some checking, find out the particulars, and see what could be done towards more assertive and aggressive enforcement. to opt ~2oos Council Member/Commissioner Brinker noted that noise calls usually go to the bottom of the list. He added that he was working on a letter that will go out from his office to inform his constituents about the noise ordinance and what options are available to them when situations such as ffiis occur. He stated that maybe this is something that should be done on a broader scale in areas that are known to be problematic. City Attorney Penman advised that Deputy City Attorney Grider prosecutes these cases, and although several citations have been issued under the noise ordinance, she is not aware of any seizures of sound systems. He indicated to Chief Goggin, that if he could include Ms. Grider in any discussions as to how they can start to do some of those seizures it would be appreciated. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said resolution be adopted. The motion carded and Resolution No. 2008-248 was adopted. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson, McCammadc. Nays: None. Abstentions: Derry. Absent: None. 30. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San Bernardino Munidpal Code regarding scrap metal recydmg. FIRST READING (Continued from June 2, 2008.) Note: No backup materials were distributed. Staff requested atwo-week continuance of this item. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be wntinued to the Council/Commission meeting of July 7, 2008. The motion carried unanimously with all members present. 31. Aa Ordinance of We City of San Bernardino adding Chapter 5.19 to the San Bernardino Municipal Code regarding prohibiting sex offenders from peddling and solidting and repealing Section 5.04.605 regarding horse-to- house solicitors. FIRST READING (Continued from June 2, 2008) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be referred to the Legislative Review Committee. The motion carried unanimously with all members present. 19 06/16/2008 32. Presentation from Inland Communities (Continued from June 2, 2008) Note: No backup materials were distributed. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the CounciUCommission meeting of July 7, 2008. The motion carried unanimously with all members present. 33. RES. 2008-249 - Resolution of We Mayor and Common Council of the City of San Bernardino authorizing the extension of a maintenance contract and the award of an annual purchase order for maintenance of the Pollee Document Imaging System Workflow Software and scanning station hardware/software to Avrio Corporation of Glendale, CA. (Continued from June 2, 2008) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-249 was adopted unanimously with all members present. 34. RES. 2008-2511-Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of s purchase order for police vehicle safety equipment to Adamson Police Products of Los Alamitos, CA. (Continued from June 2, 2008) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-250 was adopted unanimously with all members present. 35. RES. 2008-251 -Resolution o[ the Mayor and Common Council of the City of San Bernardino authorizing the award of an annual purchase order for police vehicle saf~y lighting and siren equipment to Federal Sigosl Corp. of University Park, IL. (Continued from June 2, 2008) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-251 was adopted unanimously with all members present. 36. RES. 2008-252 -Resolution of the Mayor and Common Council of the City of Ssn Bernardino authorizing the execution of an agreement and the award of a purchase order for maintenance services to 1Yburon Inc. of Pleasanton, California. (Continued from June 2, 2008) 20 06/16/2008 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-252 was adopted unanimously with all members present. 37. RES. 2008-253 - Resolesion of the Mayor and Common Council of the City of San Bernardino authorizing the award of an annual purchase order for the City's S00 MHz voice/data backbone, MDC maintenance, dispatch wnaole maintenance, and user equipment maintenance with the County of San Bernardino's 800 MHz Group. (Contimled from June 2, 2008) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 20~-253 was adopted unanimously with all members present. 38. RES. 2008-254 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the eaecation of an agreement and issuance of a FSscal Year 2008/2009 purchase order to NPA Computers Inc. for maintenance of the City's computer and networking hardware and operating system software. (Continued from June 2, 2008) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-254 was adopted unanimously with all members present. 39. Resolutions authorizing the purchase of an update to the Police Department's Automated Reporting System, Records Management System and Computer-Aided Dispatch System. (Continued from June 2, 2008) 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. (39A) Resolution of the City of San Bernardino auWorizing the purchase of Records Management System servers from Zunesis Inc., of Centemial, Colorado. (39B) Resolution of the City of San Bernardino authorizing the purchase of an Oracle database software upgrade from Mythics, Inc., of Virginia Beach, ~'h'1~• (39C) Resolution of the City of San Bernardino authorizing the purchase of Evdo modems from the San Bernardiuo County 800 MHz Group (A Government Agency) of San Bernardino, California. (39D) 21 06/16/2008 Note: No resolutions were distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the matter be tabled. The motion carried unanimously with all members present. 40. Request for payment of legal fees City Attorney Penman declared a conflict, stating that Special Counsel Sabo had reviewed the matter and was available to answer any questions. Council Membet/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council allocate the sum of $3,154.97 from the City Attorney Outside Counsel budget (Line Item No. 001-051-5503) for payment of legal fees to Erica Tabachnick, Esq. not to exceed $5,000 without further approval of the Mayor and Common Council. ($1,845.03 of the $7,940.28 previously allocated remains; providing a total of $5,000 if this motion is adopted) The motion carried unanimously with all members present. 41. Item Deleted 42. Request for a determination of Public Convenience or Necessity (PCN) to authorize issuance of a Type 4f3 Alcehol Beverage Control (ABC) license at 100 West Hospitality Lane -Manta Management/Flesh Club Terri ltahhal, Deputy Director/City Planner, provided an overview of the staff report. She advised that Conditional Use Permit (CUP) 08-03 would be considered by the Planning Commission the following evening; however, if the Mayor and Councll did not make a determination of Public Convenience or Necessity (PCN) to authorize issuance of a Type 48 Alcohol Beverage Control license today, the Planning Commission heazing relative to the CUP would not be able to go forwazd. Ms. Rahhal explained that a Type 48 ABC license is a general license issued to a baz or nightclub which includes beer, wine, and liquor; while a Type 47 ABC license is for an eating establishment that primarily serves as a restaurant where at least half of the receipts come from food service. She noted that Type 41 is also in this same category, but it is for restaurants that aze licensed to serve both beer and wine. She stated that in this particulaz census tract there is one existing Type 48 license, seventeen Type 471icenses, and six Type 41. 22 06/16/2008 She advised that staff's recommendation would be that the Mayor and Council determine that the public convenience or necessity world not be served by granting a new ABC license at 100 West Hospitality Lane. She also directed attention to the memo from the Police Department dated April 22, 2008, which recommended against issuance of the Type 48 License at this location. Police Captain Kimball stated that Type 48 licenses-nightclub style licenses- often times bring in ancillary issues and crime problems to the area, and it would be incompatible for the Hospitality Lane area. He stated that We Police Department generally receives more calls for service to the locations with Type 481icenses than to those restaurants with the Type 471icenses. Roger Diamond, 2115 Main Street, Santa Monica, CA, attorney for the applicant, spoke in support of a determination of Public Convenience or Necessity to authorize issuance of a Type 48 ABC License at 100 West Hospitality Lane; and provided background information relative to this property/ establishment and the City of San Bernardino. He stated that the applicant should have been given at least a 10-day notice of today's hearing, which was not done. He pointed out that under the statutes, the City would not be making the final decision in this case-that even if the Council voted to grant their request, it would still go before the ABC and the ABC would make the ultimate decision of this particular issue. He explained that his client wanted to convert the establishment from an existing nude theatre into something entirely different-sort of like a sports bar with alcohol and topless dancing-not nudity; and explained the difference between the two establishments. He stated that they wanted to put in a kitchen, and those plans had been submitted by the azchitect to the Building Department. He pointed out that when a business is operated as a topless facility with alcohol, by law 18- to 20-year-olds aze not permitted to go in. Also, with an ABC operation, the ABC is the regulatory body, and the City does not need to ~ spend police money to monitor the business. i Henry F_trtpeilo, Senior Deputy City Attorney, advised that State law says cleazly that the Department of Alcohol Beverage Control shall deny an application for license if issuance of that license would tend to create a law enforcement problem or issuance would result in or add to an undue concentration of licenses. He stated that an undue concentration of licenses had been clearly stated on the record by virtue of the fact that there aze more than two on-sale ABC licenses granted in the census tract encompassing the Hospitality Lane azea. 23 06/16/2008 Mr. F,mpeiio stated that the one exemption provided in State law is that ABC could issue the license in the face of this undue concentration if this Mayor and Council, as the local governing body, made a decision that public convenience and necessity would be served by issuing the license. He stated that what Mr. Diamond was recommending is that the Mayor and Council give up their authority and be silent on the matter, and let ABC make that decision. He pointed out that the documents and the statements made by the Development Services Department and by the Police Department clearly show that there are ample grounds for the denial of public convenience and necessity finding. He advised the Council that if they did not make this decision today, then the Department of Alcoholic Beverage Control Board would make that decision for the City. He stated that his recommendation would be that the Council go ahead and make that decision today. Mr. F.mpedo stated that Mr. Diamond had mentioned that there is a pending notice required by law to be given to the applicant to prepare for this hearing; however, Mr. Diamond did not cite any section of State law for that because there is none-there is ~ provision in the Business and Professions Code nor in the City's ordinances that requires any period of time for the City to give notice to this applicant. He added that even though there is no State law requirement, or ordinance requirement, the City had given notice to the applicant. He pointed out that this was not a public hearing, so there is no requirement such as that for public hearings, that a notice be given to any property owners within 500 feet, as a Conditional Use Permit application is required to do-and for which they have given such notice to property owners within 500 feet prior to the Planning Commission meeting for tomorrow night. Ms. ltahhal stated that Mr. Diamond was correct-this item today was not advertised as a public hearing with ten days notice. However, when the agenda materials were completed prior to this meeting, they were provided immediately to the applicant. Also, as a courtesy, she did notify Mr. Neptune by telephone about this meeting at least a week prior, or possibly ten days, although he has been out of the country and she was not sure of the date. Mr. Diamond spoke regarding giving adequate notice and an opportunity to be heard, which are essential elements. of due process. He also pointed out that his client did have an ABC license when the business was first opened as a topless establishment, and he assumed this license was given up when they decided to go to nudity. He questioned why they were suddenly disqualified now. He stated that adequate notice would be notice that would give them sufficient time to be prepared, and this was not done. 24 opt zoos Senior Deputy City Attorney F.mpeito advised that due process was followed in this situation as mentioned by Ms. Rahhal. Mr. Diamond's presence before the Council today was indicative of the fact that they were given notice and that he had prepared and made his presentation. He added that the type or form of adult entertainment is irrelevant to the Council's decision, as is the type of nightclub or bar that is being proposed. In looking at the recommendations of the Police Department and the Development Services Department, it states that any additional Type 48 nightclub or bar license in this census tract in the Hospitality Lane area is unacceptable. Therefore, all of the items Mr. Diamond has mentioned regarding the type of entertainment are all irrelevant. Mr. F.mpeiio also stated that in terms of the Planning Commission meeting scheduled for the next evening where a request for a CUP is scheduled to be heard-if the Council does deny the public convenience abe necessity finding, then the Planning Commission hearing of that matter would not be able to go forward in terms of approving that CUP because it presumes that public convenience and necessity would be granted by the City Council. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council determine that the public convenience or necessity would not be served by granting a new ABC license at 100 West Hospitality Lane. The motion carried ' unanimously. Absent: Estrada. City Attorney Penman advised that after hearing the testimony today, the € Council should consider adding additional language to their motion. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council determine that the public convenience or necessity would not be served by granting a new ABC license at 100 West Hospitality Lane based on the documents and testimony presented to the Mayor and Council and the following a findings: 1) Hospitality Lane is primarily a restaurant row and caters to families. Restaurants serve alcoholic beverages incidental to food. Public convenience or necessity would be served for restaurants to be issued additional ABC licenses (Type 47), in this census tract; and 2) Additional liquor only ~ (Type 48) licenses do not serve a public convenience or necessity in this census tract. They cause more nuisance activity and generate more public safety calls for service. It would be detrimental to allow these type of establishments to mix in with the restaurants in this area. The motion carried unanimously. B Absent: Estrada. n E i ~, 25 o~t6/2oos COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Calkins, Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo, City Clerk Clark. Absent: Council Member/Commissioner Estrada. R43. CDC/2008-19 -Resolution of the Community Development Commission of We City oP San Bernardino approving the endorsem~t of the Urban Land Institute ("ULI") study for the Downtown Central Business District, recommending the ULI study for further study to EDAW, Inc., and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Beruardino ("Agency") to execute a Professional Services Agreement with EDAW, Inc., for the preparation of a Downtown Core Concept/Vision Plan in the amount not to exceed 5263,500. Council Member/Commissioner McCarnmack stated that it was her understanding that San Manuel has some sort of relationship with this vendor; therefore, she would abstain on this item since San Manuel is one of her business clients. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2008-19 was adopted. Ayes: Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: McCammaclc. Absent: Estrada. R44. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City oP San Bernardino ("Agency") to execute Amendment No. 1 to the Disposition and Development Agreement by and between the Agency and EI Paseo Petroleum, LLC ("Developer") (Mt. Veruon Corridor Redevelopment Project Area). Council Member/Commissioner McCammack stated that she was not in agreement that this was the best position to put the Agency in as far as the fmanciai mechanism was concerned; therefore, she would be voting "no" on this item. 26 06/16/2008 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council approve Amendment to DDA and Lease Agreement to include the following items and authorize preparation and appropriate amendments to be executed by the Interim Executive Director: (i) increase dollar limit of construction financing to $2,850,000; (ii) authorize execution of deed of trust in favor of construction lender to be recorded against Agency owned land for construction financing only; (iii) require the Developer to purchase the underlying land from the Agency upon funding of the permanent loan for an appraised value to be determined at such time; (iv) require the Developer and the title company to execute a Fund Control Agreement and retain a recognized Fund Control Agent to undertake site inspections of construction progress and verification of materials delivered and work was performed on the I site; ~ (v) require the Developer to execute a personal guaranty to the ~ Agency for the value of the Agency land; (vi) require submittal by the Developer of a construction budget for approval by the Interim Executive Director, and; (vii) the Developer to waive all rights as to Phase 2 of the project under the DDA, and; (viii) eliminate ongoing use and revenue wvenants upon purchase of land by the Developer. The motion carried. Ayes: Baxter, Brinker, Derry, Kelley, Johnson. Nays: McCammack. Absent: Estrada. R45. RES. CDC/2008-20 - Resolution of the Community Development Commission of the City of Sen Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino (KAgency") to submit an application to the California State Department of Housing and Community Development for funding under the CaIHOME Program; the execution of a Standard Agreement, if selected, I for each funding and any am~dments thereto; and any related documents necessary to participate in the CaIHOME Program. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2008-20 was adopted unanimously. Absent: Estrada. 27 06/16/2008 46. Public Comments Eli Mashiach, 410 5. Beverly Drive, Beverly Hills, CA, Portfolio Properties and Management, spoke regarding their development at the northeast corner of Highland and Palm and the hardship of attracting tenants; and suggested changing Section 19.06.025-F of the Municipal Code (Development Code). Jett fucker, 28654 Newcastle Road, Highland, CA, spoke regarding 7 Eleven stores, noting that security systems are installed at all sites and any graffiti is removed within 24 hours by their crews. Melanie Marvasti, 985 South "E" Street, San Bernardino, CA, spoke regazding the challenges of operating a business on South "E" Street. Hank Daysni, Luxor Properties, 975-985 South "E" Street, San Bernardino, CA, owner of the shopping center at said lot~tion, told how he had lost many of his tenants since acquiring the property, stating that the moratorium on several businesses must belifted-that when you have a great tenant and landlord, bad elements can be eliminated. Don Singer, American Sports University, 399 North "D" Street, San Bernardino, CA, stated that they have partnered with the World Boxing Council to create the fast WBC Boxing Museum in the United States; and invited the Mayor and Council to a luncheon and induction ceremony on Friday, June 27, from 1:45-3:30 p.m. Debbi Marley, 300 West 18m Street, San Bernardino, CA, spoke regazding the San Bernardino Arson K-9 Program, which is scheduled to be cut on June 30. She stated that through private contributions they have enough funding to keep Diesel the Fire Dog working for two months without the City incurring any expenses; and asked that the program be extended. Yvonne Ramos, 2565 W. Poplaz Street, San Bernardino, CA, spoke regazding extension of the City's Arson K-9 Program. Jerry Moya, 2565 W. Poplaz Street, San Bernardino, CA, spoke in support of Diesel the fire dog, the need for the Mayor to make an appointment to the Boazd of Fire Commissioners, the um~esolved flooding issues at Poplar and Meridian and Birch, and expressed opposition to cutting one fire station. Anthony Garacci, 752 W. 1016 Street, San Bernardino, CA, expressed concern that the City has neglected to trim the palm trees on City property, which pose a fire hazard to the community; stated that the streets need attention; and expressed support for retaining the fire stations as they are. 2g 06/16/2008 47. Adjournment At 7:35 p.m. the meeting adjourned to 5:30 p.m., Wednesday, June 18, 2008, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California to discuss the fiscal year 2008/09 budget. RACHEL G. CLARK City Clerk By: Linda E. Hattzel Deputy City Clerk I I 29 06/16/2008 Mayor Patrick J. Morria CITY OF SAN BERNARDINO caanea Members: 300 N. "D"Street EstherEserada Dennis J. Baxter San Bernardino, CA 92418 Tobin Brinker Website: www.sbcity.org Neil Derry Chas Kelley ~ Be uo Rrkke Van Johnson Wendy McCammack r MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING NNE 30, 2008 COUNCIL CHAMBERS This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernazdino from the joint adjourned regulaz meeting of the Mayor and Common Council and Community Development Commission held at 5:30 p.m., Wednesday, June 25, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Wednesday, June 25, 2008, and has on file in the office of the City Clerk an affidavit of said posting which was posted at 12:30 p.m., Thursday, June 26, 2008, on the City Hall breezeway bulletin boazd. The joint adjourned regulaz meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Moms at 4:41 p.m., Monday, June 30, 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, Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. 1 06/30/2008 Council Member/Commissioner Kelley Arrived at 4:45 p.m. 1. Closed Session A. Conference with legal counsel -existing litigation -pursuant to Government Code Section 54956.9(a): San Bernardino City Professional Firefighters Local 891 v. City of San Bernardino• San Bernardino Fire Department, et al. -San Bernardino Superior Court Case No. CIVSS 807685; Richard "Scott" Moss et al. v. City of San Bernardino, et al. -United States District Court Case No. CV 07-01027 SGL (OPx); Michael Desrochers and Steve Lower v. Citv of San Bernardino, et al. - San Bernardino Court Case No. CIVSS 708367. B. Conference with legal wunsel -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(s): General Unit Middle-Management San Bernardino Confidential Management Association Fire Fighters Local Union No. 891 San Bernardino Police Officers Association 2 06/30/2008 G. Conference with real property negotiator -pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional items would be discussed in closed session under Agenda Item No. 1B, significant exposure to litigation: Claims of Jose Figueroa, Maria Jauregui, Javier Jauregui; Claims of Fernando Dominguez Sanchez, Erika Rangel Miguel and Estate of Saydi Dominguez Espejel; Claim of Maurice Woods; and One Case. 2. Budget deliberations - FSsca1 Year 2005/09 -discuss and take possible action concerning proposed City and EDA budgets City Manager Wilson provided a recap of the proposed 2008/09 budget. He advised that said budget was delivered to the Council around June 1, and had a projected budget deficit of $17.3 million. He cited two main factors for the deficit: 1) A dramatic reduction in the City's sales tax due to the economic slowdown across the U.S. and the Inland Empire; and 2) the City's steadily increasing costs for personnel. Mr. Wilson advised that athree-part strategy had been developed to address the budget deficit, as follows: 1. A proposed series of budget reductions and revenue enhancement measures that total about $12.4 million, which would include holding about 75 full-time positions vacant and potentially laying off up to 13 full-time employees. 2. Revenue enhancement measures, including the possibility of a utility user's tax on the City of Riverside's properties; a hotel or bed tax increase; a business license on wazehouses; and a possible new tax connected with the 911 communication fee. 3. Sharing the cost with the City's employee groups. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, to accept the proposed department budget reductions as recommended by staff. (Note: A substitute motion was made later in the meeting.) 3 06/30/2008 Council Member/Commissioner Derry stated he would not vote for removal of the four-person staffing from the engine company in the Fire Department, and he had a problem with leaving two district administrative sergeant positions and three detective positions unfilled in the Police Department. Council MemberlCommissioner Estrada requested that a running total of the lost savings be computed as the Council pulled various items from the list of proposed budget cuts, since those funds would have to come from some other source at some point in time. Mr. Wilson advised that the Fire Department item equated to $1.48 million and the Police Department items amounted to $653,000. Council Member/Commissioner Kelley stated that he concurred with Council Member/Commissioner Derry. He stated that in the proposed budget for 2008/09 there were Measure Z funds earmarked for law enforcement personnel and law enforcement equipment; and there was a reserve for future costs of $1,660,800, which would more than adequately cover those positions. He stated he could not support any budget that cuts public safety. He reviewed the four items that he thought it was important for a City to do: 1) provide for public safety, which is police, fire, and code enforcement; 2) maintain the parks; 3) pick up the trash; and 4) maintain the streets. Council Member/Commissioner McCammack stated that she was not in support of dipping into the reserves unless they absolutely have to. She stated that she thought there were other ways to make this budget manageable, and she thought they would find the money. She stated that there were some positions in the document which should not be released; and if they were going to talk about releasing some of these positions, they would also have to take away the revenue some of these positions may have generated. She stated she did not want to see the fire engine company released. She was also against releasing four code enforcement officers. She stated that she understood these positions would be shifted into the single-family rental housing program; however, that still resulted in four less officers doing the job everywhere else. She stated the figure for those code officers was $324,000, and she knew there was a revenue projection to match that. Ms. McCammack stated that there should be another column of figures relative to the drop or increase in revenue created by the removal or addition of positions. She stated that if they were going to do pulls, they needed to address the revenues that mirrors them. 4 06/30/2008 Council Member/Commissioner McCatmnack expressed concern about removing any Development Services personnel, especially since it takes so long to get projects through the system as it is. She stated that before any people aze released from the Development Services Depazhnent she would like to know if there is a way that some of those employees can be shifted. She added that if the people aze gone, then the work is not getting done; and she felt that she needed to get more information to understand exactly what each of those reductions in service would actually mean to the department. Ms. McCammack stated she was not comfortable closing community centers and she wanted to be sure that the actions listed for Pazks and Recreation would not result in closing a community center. Mayor/Chairman Morris stated that he thought the proposal was to reduce the hours of the community centers. Council Member/Commissioner McCammack stated that in reviewing expenditures under $25,000, it was appazent that in many cases the City is not pumping money back into our own city, but instead are sending it to other cities. She advised that every month the City spends about $450,000 without any kind of a review process that would allow Council members to insist they start using local vendors. She stated that she wanted this Council to make a policy and send it to Legislative Review Committee, or do whatever was necessary to ensure departments start spending within our own city. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the policy regazding where the City buys its goods and services be referred to the Legislative Review Committee for review. It was noted that there was already a motion on the floor and the Mayor stated he would not receive the motion until the budget discussion was finished. Council Member/Commissioner Estrada asked what percentage of the budget the safety units constituted. Mr. Wilson advised that the Police Department budget is about $69.6 million and the Fire Department budget is about $34.3 million, equaling about $104 million, or 68 percent of the total budget. 5 06/30/2008 Ms. Estrada noted that all the other departments in the City make up the remaining 32 percent of the budget. She acknowledged that the most important thing is public safety; however, there has to be some kind of equity in terms of what the non-safety departments are asked to cut and their percentage of the total budget-that if the lazger, more costly departments are not contributing a greater share of those funds, the City will end up without a Pazks Department, without street maintenance, etc. She stated that this really concerned her because she didn't think that the Council was in a position to say they were going to balance this budget at the expense of all the other services. She stated that the public needed to know some of this information in terms of what the City is facing, and if they have to make cuts, and those cuts are not borne equitably by all the departments, then they will have to let go of some other services. Council Member/Commissioner Kelley stated that his objection to the document in front of the Council today was in regard to police and fire services. He referred to page 9 of the lazge budget book relative to the proposed Measure Z budget for 08/09. He stated that he believed there were a couple of numbers there that could be looked at to make sure that they protect the Parks Department and the Public Services Department. He stated that the beginning fund balance today was $808,000; and there was $1,660,800 that they could use towards police officers out of the proposed Measure Z dollazs, ensuring no additional cuts to other departments and making sure that they can fill those positions that Council Member/Commissioner Derry articulated in his fast comments. He stated that the dollazs were there to cover at least the Police Department. Council MemberlCommissioner Brinker pointed out that the City's cable TV channel costs $350,000, and in this budget it was suggested that cost be switched from the General Fund to the Economic Development Agency; however, it's still money that is being spent. He suggested closing the TV station and contracting with Valley College to have them film the Council meetings-costing the City a lot less. He stated that in the past they had also looked at doing aweb-based program, and that could also be done for a lot less money. He stated that he thought they should consider closing the TV station and not transferring that expense over to EDA. Mr. Brinker stated that secondly he wanted to talk about the librazies and possible closure of some of the branches. He stated ffiere were three main arguments that he wanted to put forward in order for everyone to understand why he was talking about this. 6 06/30/2008 First, the City is facing a $17.3 million budget shortfall, and cutting libraries has to be looked at in the context of all the other proposed cuts. He noted that one of the things the Council was being asked to do was essentially to get rid of afire station. The way he looked at that was if the pazamedic doesn't show up on time, someone dies-and he wasn't sure he was comfortable with that. However, if a library isn't open, he would be sad, but nobody's life is lost. Secondly, he stated that they must specifically examine the librazies to determine the quality of services that they are getting for the $3 million that they annually spend. He asked whether they wuld do more with less, and whether there was a better model for running the libraries. He pointed out that we live in the year 2008, and technology has changed the world-that there are a lot of things that they could be doing differently that would improve services and reach more people for a lot less than what they aze currently spending. The third item Council Member/Commissioner Brinker put forwazd was that if they aze determined to protect the libraries, then they have to ask what they aze willing to do to ensure their long-term health and to ensure that every azea of the city has access to the services. He reminded everyone that this community has twice before gone out and tried to get bonds to improve the libraries and they failed. Council Member/Commissioner Brinker spoke in great detail regarding his second concern-that of examining the librazies to determine quality of service. He noted that books aze very plentiful and easy to come by; he discussed taking books from the librazies and creating a system of rotating small collections in our community centers/pazks; the need to move away from so many books and on to digital media; partnerships with local businesses to host a traveling collection; and kiosk librazies in apaztment and mobile home recreation rooms. He stated that as he saw it, there were three options: One, they can maintain the status quo-keep the four libraries, forcing cuts to other essential services; or A second option would be to reduce services dramatically in the libraries for a period of time and come back with a plan to expand services for the whole city; or The third option would be to go to the voters for a third time and ask them for additional funding for the librazies. Council Member/Commissioner Johnson stated that everybody in the city desires to have their quality of life issues addressed by the City. He stated that he felt that every service that our City provides from police to pazks and 7 06/30/2008 recreation is essential to our city-that every service from fire to libraries is necessary to achieving quality of life in our city. He pointed out that in our city we have four libraries, and all of our libraries are busy. Number one is Feldheym Library as faz as the number of patron visits, Inghram is number two, Villasenor is number three, and Rowe is number four. Mr. Johnson stated that one of the issues that has disturbed him as they have journeyed through this budget process is that they selected certain facilities- community centers, librazies-to close or cut service to; and these places are located on the west side of town. He stated that they can't attempt to balance this budget on the backs of a community that is statistically one of the lowest in socio-economics in our city. According to Mr. Johnson, the City's staff and the budget ad hoc committee labored long and hazd to bring forward a number of suggestions to cut into the $17.3 million General Fund deficit, and they were not going to agree on all of the issues. He stated that these suggestions were difficult, but necessary in order to bring down the budget deficit-that they had attempted to make the total department reductions directly proportional to the percentages of department expenditures, and in some areas they were successful and in other azeas they weren't. He stated that bottom line, there should be no sacred department where they should not look to cut-that the City is in for a tough yeaz, and the prognosticators indicate that next yeaz will be more of the same-maybe even worse. Council Member/Commissioner Baxter stated that he has worked for 40 yeazs as a commercial broadcaster. He stated that Channel 3 will and can become an excellent revenue stream through underwriting and advertising. He stated be had vetted this through FCC Federal Communications attorney, Harry Martin, in Washington, D.C. In addition, he asked City Attorney Penman if this, in fact, was something the City could do, and Mr. Penman replied in the affirmative. He stated that right now they have the opportunity to have a revenue stream on Channel 3-to take the technology that his wunterpart suggests.is webstreaming and, as a company, webstream all of the City Council meetings for free. He advised that it's very important that they not only maintain it, but that they continue to use it as a revenue stream. He stated that Channel 3 staff actually go out and do the Chino Hills Chamber of Commerce meetings and they go up to Barstow, and they aze already bringing in revenue. Council Member/Commissioner Estrada spoke regazding the closure of librazies, stating that she took great exception to that recommendation because she thought they needed to do everything that they wuld to help improve the quality of life in our community. She stated that one thing she absolutely knew for sure was that in our community there are many low-income families who do 8 06/30/2008 not have computers or the interne[ or anything like that, and their kids depend on the computers at school when they aze in school, but when they aze not in school they depend on being able to go to the library and use the computers at the library. Council Member/Commissioner McCatnmack stated that the wst of $750,000 a yeaz for each library is a bazgain-that it costs $1 million per yeaz to operate an Operation Phoenix Center, yet many more people aze served through the librazies. She stated that over an 11-month period Inghram Library alone had 151,000 visits with 24,000 computer sessions. She asked how many kids would not graduate from high school or be truant if they didn't have an opportunity to go to a library and do their homework and use the computer. She stated that they had talked in terms of dollazs and cents, but they had not mentioned the social aspects of it, which were too great to account for. She stated that $3 million was chump change for four libraries, in wmparison to some of the other revenues that were being completely overlooked; and ascertained that, sadly, there were sacred departments in the budget. She stated that she would not vote [o close the librazies. Council Member/Commissioner Kelley stated that he wanted to ask those who ', wanted to consider one section of the city over another section of the city to be mindful that they aze one city; and they have a responsibility to all of the children, to all of the seniors, and for advocating for all of their residents. He stated that that was the reason he supported so strongly the mobile library unit that would provide library services to all segments of the city, but had been immediately proposed to be axed during the budget process. He stated that he would like this Council to understand that they are one city and not seven different sections and be mindful that there aze azeas of this city that do not have a community center, that do not have a library or pool services, and haven't had these things for over 35 years and longer. He stated that the time has come for them to think as one city, and there is a solution to provide library services for the entire city with an investment of $196,000 for a mobile library unit that will service the entire city-every neighborhood, every Operation Phoenix area, and all of the residents of this city. Mayor/Chairman Morris stated that the librazies have been flat lined for as long as he could remember-that they bazely get by with the budget the Council has allocated for library services. He stated he could recall a yeaz in which the library purchased no new books because the budget was so spazse; and as Mr. Baxter pointed out, they closed a branch in the Penis Hill Pazk-a branch that has not reopened for lack of funding. He stated that Mr. Brinker raises a very important point and that is, we have to think anew about how we do this and the required resources with which to do it. He noted that there aze new dynamics out there in terms of library services being offered by cities across this nation. He stated that last yeaz the City went 9 06/30/2008 out and did a master plan for our parks, and that has given them a set of guidelines with which they can move ahead to define a new generation of park services to the members of this community. He suggested that the same kind of mapping is required for library services; and they ought to engage in a wmmunity-wide conversation, as Mr. Brinker suggested, about libraries. He noted that there aze different funding mechanisms available; and spoke regarding the "disconnect" that exists under the Charter, which dictates that the City have a Library Board, and they allocate dollars to that Boazd, which in turn has the responsibility of overseeing the allocation of those dollazs to the highest and best purposes for librazies. The problem is, there is a disconnect between those budgeting at this table and those allocating at that table. Mayor/Chairman Morris stated that they needed to have a serious conversation about how to rebuild a library system. He noted that they've got a library system basically on oxygen-on life support-and asked how they could make it a robust system that serves the entire community, and that is modern in its configuration as it serves a new generation of users. Another question is how to, and where to locate these services. He stated that all this requires some serious long-term discussion. Council Member/Commissioner Brinker stated that he thought the Counci] needed to task the Library Boazd to begin to make these changes-to do this master plan that the mayor suggested. He suggested that they set a goal for themselves to have ten libraries for the City's bicentennial, which he thought was doable. He stated that he was not talking about a massive library like they just did in Fontana. He stated that San Bernardino is over 60 squaze miles-a massive city that is spread out and needs lots of little interne[ kiosk-type libraries all over the place. He stated that if they don't step up and do it right, then it's just wasted money. Mayor/Chairman Morris noted that the Council members had had an opportunity to place before the Council a number of issues regazding the budget reduction plan, and as they looked at the recalculated numbers, they were now left with a proposed budget reduction plan totaling $10,281,200. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve the proposed department budget cuts submitted by the City Manager, excluding those items identified and pulled by Council Member/Commissioner McCammack and taking into consideration the line item regazding the Measure Z fund balance, for a revised total budget reduction of $10,281,200. (Note: The vote was taken following discussion and public comments regarding the budget) 10 06/30/2008 She stated that she would also like to ask that they come back next Monday night and talk a little bit more about the Police Department's reorganization plan. City Attorney Penman, speaking to the motion, stated there were some legal issues involved in some of the cuts. For instance, the engine companies, as was indicated in the notes, was a meet and agree item. Several other items required a meet and confer. He stated that as a general rule, if you aze taking something away, especially employees, you have to ask whether it will affect the working conditions of the other employees. If the answer is "yes" you need to meet and confer. Mr. Penman reviewed several pages of the proposed budget cuts with the Council, particularly those items involving personnel. Linn Livingston, Duector of Human Resources, advised that she and her staff had met and conferred on all of the budget cuts with every group except the firefighters. Council Member/Commissioner Brinker stated that he wanted to make sure that they were holding off on making a decision about the TV station. He stated that j he had asked privately, and now publicly, that the City Manager come back to the Council with some costs relative to contracting out for the Council meetings with KVCR, or the cost of doing it online, so they would know what the ~' alternatives are instead of spending the $350,000 to have their own TV station. Council Member/Commissioner McCammack stated she was not willing to amend her motion to hold off on that. The following individuals spoke regazding budget issues: Ms. Lee, 1578 W. Gilbert, San Bernazdino, CA, stated that every time there needs to be a budget cut it seems to be on the Westside, and she wondered why that was. Pastor Ray Turner, 3193 N. Mayfield Avenue, San Bernardino, CA, stated that the Council had expressed a desire for one San Bernardino; however, that was not the current reality. He expressed support for some of Council Member Brinker's suggestions relative to the librazies, stating that the time to do these things was before the librazies aze cut from the budget. He challenged the Council to look at the sacred cows and questioned how long it took for public safety to become almost 70 percent of the City's budget. 11 06/30/2008 Nelson Glass, 2371 Davidson, San Bernardino, CA, stated that he lives on the east side of the 215 and it is not equal to the west side of the 215, and until they do make them equal, we will never be one city. He stated that closing libraries was not the answer and spoke regarding a duplication of service between AMR pazamedic services and Fire Department services. Jess Biggers, 762 Rosalind, San Bernardino, CA, spoke regazding the frustration of residents on the Westside, stating that if we were really one city, every department would be willing to beaz their fair shaze of the burden. Thomas Rennard, 3883 Valencia, San Bernardino, CA, secretary of the Library Boazd, stated that on three different occasions they have considered the budget, but they have never considered closing a branch library. He stated that the Verdemont and Del Rosa azeas desperately need a branch, that the Board would try to think outside the box, and expressed support of a master plan for the libraries. He reiterated that the Boazd has never felt it was a good idea to close down a branch. Lita Pezant, 577 North "D" Street, San Bernardino, CA, stated that the City had tried to pass a measure or a bond for financing the libraries, and it actually received a majority of the vote-55 percent. Even though it didn't meet the two-thirds criteria, the majority of the people in the city of San Bernardino did say they wanted libraries. She stated that because it was written against property taxes, they had to meet the two-thirds criteria, whereas Measure Z was written against general taxes and it only had to meet the 50 percent plus one criteria. She stated that if a measure was written for the libraries she hoped it would be written against general taxes and that it would be written in such a way that no more than 25 percent could be used to supplant. Finally, she noted that the library has been proactive, having received State money and also writing grants for funding. The substitute motion made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve the proposed department budget cuts submitted by the City Manager, excluding those items identified and pulled by Council Member/Commissioner McCammank and taking into wnsideration the line item regarding the Measure Z fund balance, for a revised total budget reduction of $10,281,200 carried by the following vote: Ayes: Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: Brinker. Absent: None. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that discussion of a policy to purchase locally be referred to the Legislative Review Committee. The motion carried unanimously with all members present. 12 06/30/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that discussion of Channel 3 be referred to the Ways and Means Committee. The motion carried unanimously with all members present. 3. RES. 2008-255 -Resolution of the Mayor and Common Council of the City of San Bernardino, California, auWorizing the City of San Bernardino to establish 2008-2009 expenditures for the month of July, 2008 only, at one- twelfth the aMual levels contained in the adopted budget for the 2007-2008 15sca1 Year, or as needed to pay the authorized costs incurred for the month of July, 2008 only, pending final approval of the 2008-2009 budget, and continuing the consideration of the City of San Bernardino's fnud budget for Fiscal Year 2008-2009 and establishing the City's appropriation limit as required by Article XIL1II B of the California State Constitution. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-255 was adopted unanimously with all members present. R4. Economic Development Agency budget - Fiscal Year ZOOS-2009 Note: Resolution R4E was not distributed with the back-up materials. Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ("Agency") budget for the 15scal Year 2008-2009 with any such amendments, changes and modifications that may be specifically authorized by said Commission, except for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area. (R4A) I Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ~ ("Agency") budget for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2008-2009 with any such amendments, changes and modifications that may be spe~cally authorized by said Commission. (R4B) Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making findings and determinations as to the benefit to the various ~ redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R4C) ' 13 06/30/2008 Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making findings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R4D) Resolution of the Community Development Commission of the City of San Bernardino Adopting Expenditure Levels for Jnly, 2008 at the same Expenditure Levels As Set Forth in the 2007-2008 Budget. (R4E) RES. CDC/2008-21 - Resolution of the Community Developmeut Commission of the City of San Bernardino, California, authorizing the Economic Development Agency to continue expenditures, except [or those portions of certain budget liues which are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2007-08 Fiscal Year, with allowance for those budgeted items having prior Commission approval, pending final approval of the 2008-09 budget. (R4F) RES. CDC/2008-22 - Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the Economic Development Agency to continue expenditures for those portions of certain budget lines, which are related to the Uptown Redevelopment Project Area, at the budgeted level for the 2007-08 Fiscal Year, with allowance for those budgeted items having prior Commission approval, pending anal approval of the 2008-09 budget. (R4G) Council Member/Commissioner McCattmtack trade a motion to adopt Resolution R4A. Council Member/Commissioner Estrada stated that she would prefer to adopt a continuing resolution until the City's budget was also finalized. The motion failed for lack of a second. Council Member/Commissioner McCammack trade a motion, seconded by Council Member/Commissioner Kelley, to adopt Resolution R4E, with the exception of the Uptown area. Special Counsel Sabo stated that in anticipation of this issue with Uptown, he had two new forms of continuing resolutions that would thatch what was on the agenda and basically take the place of Resolution R4E. He stated that the first resolution (referred to as R4F) excluded the Uptown azea; and the second resolution (referred to as R4G) included the Uptown area. 14 06/30/2008 Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Baxter, that full reading of resolution R4F be waived, and that said resolution be adopted. The motion carried and Resolution No. CDC/2008-21 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Kelley. At this time Council Member/Commissioner McCammack declazed a conflict because she owns property in the Uptown azea and left the dais. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that full reading of resolution R4G be waived, and that said resolution be adopted. The motion carried and Resolution No. CDC/2008-22 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson. Nays: None. Abstentions: McCammack. Absent: Kelley. R5. Amendment to the Economic Development Agency's Fiscal Year 2007-2008 Budget RES. CDC/2008-23 - 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 carry-over tax increment fund balances and Golf Course Lease funds to be used for eligible fiscal year 2007-2008 City adopted expenditures. (R5A) RES. CDC/2008-24 - Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino I5sca1 Year 2007-2008 public improvement expenditures and making findings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements through prior City expenditures. (RSB) RES. 2008-256 - Resoluaon of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Ilscal Year 2007-2008 public improvement expenditures and making findings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements through prior City expenditures. (R5C) 15 06/30/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that frill reading of the resolutions be waived, and that said Resolutions A-C, be adopted. The motion carried and Community Development Commission Resolution Nos. CDC/2008-23 and CDC/2008-24 and Mayor and Common Council Resolution No. 2008-256 were adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Kelley. 3. Adjournment At 8:15 p.m., the meeting adjourned. The next joint regulaz meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, July 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By; Linda E. Hartzel Deputy City Clerk 16 06/30/2008 Mayor Patrick 1. Morria CITY OF SAN BERNARDINO Caancit Members: 300 N. °D "Street ~`heT ~`tr~ Dennis J. Bauer San Bernardino, CA 92418 Tobin Brinker Website: www.sbciry.org Neil Derry Chas Kelley San Be loo Rlkke Van Johnson Wendy McCammack Y MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 7, 2008 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernazdino was called to order by Mayor/Chairman Morris at 1:37 p.m., Monday, July 7, 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, Brinker, Derry, Kelley, Johnson, McCammack; Senior Assistant Ciry Attorney Wilson, City Clerk Clazk, City Manager Wilson. Absent: None. i. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Governrrrent Code Section 54956.9(a): San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. -San Bernardino Superior Court Case No. CIVSS 807685; r 07/07/2008 Richard "Scott° Moss et al. v. CiN of San Bernardino, et al. -United States District Court Case No. CV 07-01027 SGL (OPx); Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - San Bernardino Court Case No. CIVSS 708367; Kimberly Hearne v. City of San Bernardino, et al. -United States District Court Case No. EDCV 03-01434 SJO (SGL); 9m Circuit Court of Appeals Nos. OS-56214, OS-56272, and OS-56306 and OS-56324; Kimberly Hearne v. Citv of San Bernardino, et al. -United States District Court Case No. EDCV OS-04524 SJO (SGL). 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 Duector Employee Organization(s): General Unit Middle-Management San Bernardino Confidential Management Association Fire Fighters Local Union No. 891 San Bernardino Police Officers Association 2 mio~i2oos G. Conference with real property negotiator -pursuant to Government Code Section 54956.8: 1. Property Address: 1208 N. "H" Street APN: 0145-221-09 Negotiating Parties: Keith Williams, Acquisition Agent, on behalf of Caltrans, as buyer and Fred Wilson, City Manager, on behalf of the City of San Bernardino Under Negotiation: Purchase, price, terms and wnditions 2. Property Address: Vacant Lot APN: 0147-191-12 Negotiating Parties: Fred Wilson, City Manager, on behalf of the City of San Bernardino, and Gerald Crowther on behalf of Grand Council Enterprises, Inc., property owners/ corporation Under Negotiation: Purchase price, terms and conditions ! IVDA Redevelopment Project Area 3. Property Address: 1350 South "E" Street APN: 0140-143-51 Negotiating Parties: Emil A. Marzullo, Interim Executive Duector on behalf of the Redevelopment Agency, and Randy Van Gelder, General Manager on behalf of the San Bernardino Valley Municipal Water District Under Negotiation: Purchase price, terms, and conditions Senior Assistant City Attorney Wilson announced that the following additional items would be discussed in closed session: Under Agenda Item No. lA: Eva Walker v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. CIVSS 703417; 3 07/07/2008 Under Agenda Item No. 1B: Inland Communities Corp. v. City of San Bernardino (Pazadise Hills); and One Case Under Agenda Item No. 1C: City of San Bernardino v. California State University Under Agenda Item No. 1D: Discussion -Michael Miller Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regulaz 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 Sam Henley and Victoria Lemus. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo. The pledge of allegiance was led by Councilwoman Estrada. 2. Appointments There were no commission appointments. 3. Presentations Mayor Morris welcomed representatives from the U.S. Environmental Protection Agency's San Francisco office who came to honor the City of San Bernazdino for being awarded the EPA Brownf~elds Grant. Wayne Nastri, Regional Administrator for EPA Region 9, stated that the City of San Bernardino has been awazded $400,000 in grant funding to develop an inventory of potential and actual Brownfields sites contaminated by hazardous substances and/or petroleum, to wnduct environmental site assessments, and to support community outreach activities. He stated that a Brownfields site is defined as an abandoned, idle, or under-used industrial or commercial facility where expansion or redevelopment is complicated by real or perceived environmental contamination. Mr. Nastri noted that the goal of the EPA grant is to identify and address environmental contamination issues so that Brownfields properties can be readied for reuse and redevelopment. 4 07/07/2008 Councilman Kelley recognized Susana Atanasova and the Ghostine Family for their leadership and contributions to the "50 Trees to Cool Your Summer Breeze Event" held on June 25, 2008. Mr. Kelley commended Washington Produce for their dedication to the affairs of the community in appreciation of the fruit boxes provided to each team participating in the event. Councilwoman McCammack presented the Citizen of the Month awazd to Lou Costello for going above and beyond the call of duty in helping take back the neighborhood on Arrowhead Avenue. 4. Aunouncements Announcements were made by the Mayor, members of the Common Council, and elected officials regazding vazious 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 re az a ends of the Ma or and Common Council and 8~ g Y Community Development Commission, be waived. The motion carried unanimously wiW all members present. 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: May 19, 2008; June 2, 2008; and June 18, 21108. The motion carried unanimously with all members present. 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, sewnded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 19, 2008, from Bazbaza Pachon, Duector of Finance, be approved. The motiou carried unanimously with all members present. 5 07/07/1A08 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 July 1, 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 unanimously with all members present. 9. RFS. 2008-273 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Animal Control Services Agreement by and between the City of San Bernardino and the City of Loma Linda for the period July 1, 2008 through June 30, 2011, and ratifying any action taken between July 1, 2008 and the date that this resolution is adopted. Council Member/Commissioner Estrada stated that she has had concerns for some time regazding the City's ability to deliver quality animal shelter service to its residents because of our commitment to provide services to other cities. Ken Childress, Director of Animal Control, responded by stating that they currently provide full services to the cities of Loma Linda and Fontana. He stated that the contract with Loma Linda is a fairly mutual exchange as far as the services they pay for and what is provided. However, Mr. Childress indicated that the contract with Fontana was under review relative to the services they expect and the services we agree to provide. Mr. Childress reported that anunal control has been under-funded for years. He stated that the facilities have not been maintained and do not meet the needs as set forth by the State. Council Member/Commissioner Estrada stated that the Ciry's fast responsibility is to its residents, and while she appreciates our willingness to assist our neighbors, if the income is not enough to meet the service and provide us with an added benefit, then she wasn't sure we should be doing it. Mr. Childress stated that the $70,000 Loma Linda pays the City is significant and offsets our budget. He stated that we can shaze expenses and not detract from the residents of the City of Sau Bernardino. Mr. Childress stated that the wntract with the City of Fontana, however, is more complex in that the amount of service required is more detailed and the load on the shelter is much greater. He stated that be felt the contract with Fontana should be reevaluated. Council Member/Commissioner McCammack asked what it would take to bring the animal shelter up to State standards. 6 07/07/2908 Mr. Childress stated that they aze currently looking into joining the County to do a study to fuxl out what would be the best, most economical way to address animal control in the Inland Empire. He stated that they could downsize and service San Bernardino only, but they would still have to spend a considerable amount of money to bring the shelter up to State standazds; or, they could participate with the County and build a regional animal shelter and separate animal control from the sheltering business. Mr. Childress stated that they do a good job with animal control and enforcement issues; however, the care, housing, and adoption of the animals is the azea where they may not do the best job because of the facilities and the resources that aze available. Council Member/Commissioner Estrada recommended that the issue be brought back to the Ways and Means Committee for further discussion in terms of the costs related to the shelter. She stated that there aze some very dedicated staff who work at the shelter and for the department, as well as those who volunteer their time at the shelter, and she didn't think it was fair to them or to the residents if, in fact, the City has taken on more than it can handle. She stated that she felt this called for close examination before any discussions take place with the County. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the matter be referred to Ways and Means for further discussion. The motion carried and Resolution No. 2008-273 was adopted unanimously with all members present. 10. RES. 2005-257 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the City of San Bernardino and the law firm of Mundell, Odlum & Haws in the case of San Bernardino City Professional Firefighters, Local 89l v. City of San Bernardino, San Bernardino Fire Department, et al. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-257 was adopted unanimously with all members present. 11. Authorize the Director of Development Services to execute Contract Change Order No. One to the contract with Nikola Corporation for Sewer Improvements on Sierra Way ttrom 16'h Street to 19'" Street, per Project Plan No. 12187 Council Member/Commissioner Baxter stated that this was a 32 percent change order to remove 7 inches of portland cement concrete that was discovered beneath the asphalt. He asked why nobody lmew it was there and whether the City maintained a history of what's beneath the streets. ~ mim/zoos Valerie Ross, Director of Development Services, replied by stating that their maps may not show everything that's under the ground or even above the ground, and in this case, they had no way of knowing because none of their rewrds showed that there was concrete under the asphalt. In addition, Ms. Ross stated that the contractor encountered an unidentified drain line, which was later found to be a pump house drain line for the San Bernardino Municipal Water Department. Council Member/Commissioner Baxter asked if there was a way to get a handle on the history of what is under City streets to prevent this from happening in the future. City Manager Wilson stated that some of the records from 75 to 100 years ago aze stored in a dusty archive in the City yazds, so it is difficult at times to track down the locations of some of the sewer lines. Robert Eisenbeisz, City Engineer, stated that they worked closely with the contractor to determine how much of the concrete had to be removed, and he felt the City received a fair price. Council Member/Commissioner Baxter recommended that the matter be referred to the Legislative Review Committee in order to review the requirement of being more awaze of what's happening in the City. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the Duector of Development Services be authorized to execute Contract Change Order No. One in the amount of $77,217.54 to the contract with Nikola Corporation for sewer improvements on Siena Way from lb"` Street to 19'~ Street, per Project Plan No. 12187; and that the matter be referred to the Legislative Review Committee for furtber discussion. The motion carried unanimously. Absent: Estrada. 12. Authorization to proceed and approval of Plan No. 12456 -Proposed vacation of a portion of "H" Street, between Huff Street and College Drive Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Duector of Development Services and the City Clerk be authorized to proceed with the proposed vacation of a portion of "H" Street between Huff Street and College Drive; and that Plan No. 12456 showing the proposed vacation of a portion of "H" Street, between Huff Street and College Drive, be approved. The motion carried unanimously with all members present. s m/o7i2oos 13. Authorize the DireMor of Development Services to execute Contract Change Order No. One with RePipe -California, Inc. for Sewer Line Rehabilitation by Cured-in-Place Pipe (CIPP) method at two locations in Sierra Way and one location in Northpark Boulevard (SW-E, SW07-04, SW07-05), per Project Plan No. 12148 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Duector of Development Services be authorized to execute Contract Change Order No. One with RePipe -California, Inc. for sewer line rehabilitation by Cured-in-Place Pipe (CIPP) method, two locations in Siena Way and one location in Northpark Boulevard (SW-E, SW07- 04, SW07-05), per Project Plan No. 12148. The motion carried unanimously with all members present. 14. Authorize the Director of Finance to amend the FY 2007/08 budget; and authorize the Director of Development Services to execute Contract Change Order No. One to Oak Engineering, Inc. for the installation of a traffic signal & street improvements at Mill Street and Macy Street (TC04-01), per Project Plan No. 10486 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Duector of Finance be authorized to ~ amend the FY 2007/08 budget by transferring $8,000 from Account No. 250-370- 5504-7338 "City Wide Traffic Signal Improvements" (TC-A) to Account No. 250-370-5504-1710 "Traffic Signal & Street Improvements at Mill Street and Macy Street" (TC04-01); and that the Duector of Development Services be authorized to execute Contract Change Order No. One to Oak Engineering, Inc. for the installation of a traffic signal & street improvements at Mill Street and Macy Street (TC04-01), per Project Plan No. 10486. The motion carried unanimously with all members present. 15. RES. 2008-258 -Resolution of the City of San Bernardino authorizing the execution of a License Agreement with the San Bernardino Valley Municipal Water District, for the construction of a monitoring well on City property located at Nicholson Park. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-258 was adopted unanimously with all members present. 16. RES. 2005-259 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 3 to the Agreement for Professional Trafi'ic Modeling Services with Srinivasa S. Bhat. 9 tnro~noos Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-259 was adopted unanimously with all members present. 17. RES. 2008-260 -Resolution of We City of San Bernardino approving and accepting the transfer of ownership and operation and maintenance responsibilities of the abandoned Birch Street Well Building, located in Lytle Creek Park, from the San Bernardino Municipal Water Department. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-260 was adopted unanimously with all members present. 18. RES. 2008-261 -Resolution of the City of San Bernardino authorizing execution of Amendment No. 1 to Agreement for Services with Hilltop Geotechnical, Inc. for geotechnical investigations and construction material testing. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-261 was adopted unanimously with all members present. 19. RES. 2008-262 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into a new Standard Agreement with the Department of Mental Health-Patton State Hospital. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-262 was adopted unauimously with all members present. 20. RES. 2008-274 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or her designee to issue purchase orders to vendors selected under Bid Specification F-08-18 for fine equipment. Council Member/Commissioner McCammack abstained due to the fact that this matter involved one of her business clients. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-274 was adopted. Ayes: Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: McCammack. Absent: Estrada. 10 07/07/2008 21. RES. 2008-275 -Resolution of the Mayor and Common Council of the City of San Bernardino amending the City's Master Fee schedule, Resolution Number 2008-149 adjusting the Emergency Medical Services (EMS) User Fees. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Duector of Finance be authorized to amend the FY 2008/09 budget and increase General Fund revenue Account No. 001-000-4880 (EMS User Fees) by $200,000 from $230,000 to a new total of $430,000. The motion carried and Resolution No. 2008-275 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: Kelley. Absent: None. 22. RES. 2008-263 -Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution of an agreement with Fox Occupational Medical Center for the provision of pre-employment physicals and workers' compensation occupational injury services for the City of San Bernardino employees, pursuant to Section 3.04.O1OB3 of the Mmticipal Code. Council Member/Commissioner Baxter made a motion, sewnded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-263 was adopted unanimously with all members present. 23. RES. 2008-264 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Director of Finance to issue a purchase order in the amount of $46,416 to Golden West Landscape Contractor for the landscape and irrigation maintenance services for downtown facilities, parking lots, north site facilities, south site facilities, central facilities, Carousel Mall, medians, Arrowhead Credit Union Park and library facilities for the period July 1, 2008 through September 30, 2008, pursuant to Section 3.04.010 B-3 of the Municipai Code, and ratifying any action taken between July 1, 2008 and the date that this resolution is adopted. Council Member/Commissioner Baxter made a modon, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-264 was adopted unanimously with all members present. 24. RES. 2005-265 -Resolution of the City of San Bernardino ratifying the submission of the FY 2008-09 Juvenile Accountability Block Grant (JABG) application to the California Department of Corrections and Rehabilitation by the Police Department. 11 07/07/?A08 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-265 was adopted unanimously with all members present. 25. RES. 2008-266 -Resolution of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2008/09 Justice Assistance Grant (JAG) Funds and execution of a JAG lnterlocal Agreement between the City of San Bernardino and Connty of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-266 was adopted unanimously with all members present. 26. RES. 2008-267 -Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the funding request form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction activities. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-267 was adopted unanimously with all members present. 27. RFS. 2008-268 -Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application for the FY06/07 South Coast Air Quality Management District Mobile Source Reduction Committee funding for Natural Gss Refuse Trucks Program to assist in the purchase of (15) new LNG refuse trucks to be utilized by the Public Services Department, IWM Division and authorizing the City Manager to execute a contract accepting the grant. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-268 was adopted unanimously with all members present. 28. RES. 2008-269 -Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of a grant application for the FY06/07 Mobile Source Reduction Committee funding for Maintenance Facility Modifications Program to assist in the modifications needed in order to service and maintain LNG and CNG powered vehicles indoors at the Public Services Department Fleet Division and authorizing the City Manager to execute a contract accepting the grant. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-269 was adopted unanimously with all members present. 12 07/07/2008 29. Resolutions authorizing a new Contract Purchase Order Number in the amount of $368,031 to Matich Corporation and Contract Purchase Order in the amount of $44,000 to Pavement Recycling Systems, Inc. RES. 2005-270 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a new Contract Purchase Order in the amount of $365,031 to Matich Corporation pursuant to Section 3.04.010 B-3 of the Municipal Code for street paving services. (29A) RES. 2008-271 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a new Contract Purchase Order in the amount of $44,000 to Pavement Recycling Systems, Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for cold planing services, labor and equipment rental for city street repairs. (29B) Senior Assistant City Attorney Wilson stated that this matter had been reviewed by Special Counsel Sabo due to the fact that the Matich Corporation has been a contributor to Mr. Penman's campaign. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions ABcB, be adopted. Resolution Nos. 2008-270 and 2008-271 were adopted unanimously with all it members present. 30. RES. 2008-272 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and increase to Purchase Order Number 208280 by $2,600 to Crafco Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of additional asphalt materials. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-272 was adopted unanimously with aB members present. 31. An Ordinance of the City of San Bernardino amending Sections 12.92.040 and 12.93.010 regarding the duty to maintain and repair sidewalks and curbs and the participation of the City. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be laid over for final adoption. The motion carried unanimously with all members present. 32. Public hearing -Resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees 13 07/07/2008 RES. 2008-276 -Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the heazing. Council Member/Commissioner McCammack questioned whether the single family residential inspection program should begin with this list because the same names appeaz over and over. Also, she asked if they could figure out a way to issue administrative civil penalties to the noncompliant businesses on the list. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the heazing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A, which have been paid prior to the heazing; and that said resolution be adopted. The motion carried and Resolution No. 2008-276 was adopted unanimously. Absent: Kelley. 33. Public hearing to consider a resolution adopting updated building permit and plan review fees (Continued from June 16, 2008) RES. 2008-277 - A Resolution of the City of San Bernardino adopting updated buildiug permit and plan review fees. Mayor/Chairman Morris opened the heazing. Valerie Ross, Duector of Development Services, stated that the Building Department undertook an extensive study to look at the fees chazged for the review of plans for building construction and the wst for the issuance of permits, which also includes inspection costs. She stated that the fees had not been updated since 1991, so the fees they collected did not come anywhere close to covering the services they provided. With the exception of 2004/2005 and 2005/2006, which were peak yeazs, it was costing the City more than what they were taking in on the plan review and permit fees. Council Member/Commissioner Kelley stated that the City missed an opportunity to bring in additional revenue from 2004 through 2006. He stated that he didn't think it was a good time to be increasing fees. Ms. Ross responded by stating that the list included both increases and reductions in fees. No public comments were received. to mio~izoos Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the heazing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2008-277 was adopted. Ayes: Estrada, Baxter, Briuker, Johnson, McCammack. Nays: Derry, Kelley. Absent: None. 34. An Ordinance of the City of San Bernardino amending Section 15.04.OSOA of the San Bernardino Municipal Code relating to building permit and plan review fees. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be laid over for final adoption. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: Kelley. Absent: None. 35. An Ordinance of the City of San Bernardino repealing Sections 3.44.030 and 3.44.040 of Chapter 3.44 -Service User's Tax - of the San Bernardino Municipal Code and amending Section 3.44.065 of said Code. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be laid over for final adoption. The motion carried unanimously with all members present. 36. Presentation and Demonstration of Diesel, the f1Arson Canine" Leanne Escamilla spoke in support of "Diesel," the Arson dog, and the Arson Program. Debbi Matley, 380 W. 17"' Street, San Bernadino, CA, spoke in support of the Arson Canine Program. No action was taken on this matter. 37A. Budget deliberations -Fiscal Year 2008/09 -discuss and take possible action City Manager Wilson referred to an interoffice memorandum he prepazed titled "Updated Budget Reduction Plans," addressed to the Mayor and Common Council, dated July 3, 2008. Mr. Wilson stated that the "Budget Reduction Plan," Attachment A (purple sheet), summazized the actions approved at the budget meeting held on June 30, 2008. He stated that concerns were expressed at that meeting regarding the deletion of the crossing guard program and the proposed layoff list. is mio~izoos The "Budget Savings options involving layoffs," Attachment A-I (blue sheet), is the original layoff list showing the 13 proposed positions for layoff. The "Budget Savings options involving layoffs," Revised 7/3/08, Attachment B (pink sheet), outlined the reduction in full-time layoffs from 13 to 8, due to retirements and moving personnel into vacant positions, and did not include the crossing guard program. Mr. Wilson stated that a proposal to vacate three IT positions was included; however, they were working on identifying other cuts that would allow those three positions to remain. Mr. Wilson explained that one of the three building inspector positions would move into a Public Works Construction Inspector position, the second building inspector position would be swapped for a vacant plans examiner position, and the third building inspector would move into Code Enforcement. He stated that the positions that were not going to be filled would remain on the books as unfilled positions in the budget with the hope that in subsequent yeazs they could restore funding for some of those positions. Council Member/Commissioner McCammack asked what effect each position would have on the public as faz as reduction in services. Lori Sassoon, Assistant City Manager, stated that detailed information regazding each of these proposals was contained in the packet provided to the Council at the June 11 Council meeting. She stated that most of them would have service impacts; however, it was their best attempt to balance the budget while minimizing the impacts where they could. Jim Sharer, Duector of Facilities Management, stated that they currently have one full time plumber who maintains all City restroom facilities and laying off this position would create a backlog of deferred maintenance. He stated that because they only have one plumber they have to use a wntract plumber when major incidents occur. He added that the minimum service charge for a contract plumber was about $200. Mr. Wilson stated that Attachment C (salmon sheet) was a summazy of the potential additional savings recommended by the City Manager and staff. He reviewed each line item and stated that if the Council were to adopt them, it would reduce the City's deficit from $7,081,700 to $3,812,300. He stated that they had further work to do on refining the layoff list and addressing some of the concerns. Council Member/Commissioner McCammack asked Mr. Wilson to fmd out what it would cost to open a fourth Operation Phoenix Center and requested that the figure be delineated in the report. 16 07/07/?A08 Council Member/Commissioner Estrada stated that she had asked for, but had not yet received, a breakdown by department showing their contributions relative to reducing the deficit. Ms. Estrada stated that they had asked that administration consider the equity of the positions to be eliminated and the savings to be made. She stated that they thought that the higher paid positions needed to make a greater contribution than those people who earn minimum wage or minimum salazies as Ciry employees, and they don't believe that that has happened, and in her opinion, equity has not been met. As they have said, there are no sacred cows and they need to look at all the departments to make sure that every department makes an equitable contribution. She stated that there are some departments, as has been stated before, that aze already bone dry and have nothing more to give, yet some of those departments went out and still looked for ways to make more of a contribution. Council Member/Commissioner Derry stated that he did not feel police services were adequate and requested that the proposal to keep six sworn police officer positions vacant be removed from the Police Department's Reorganization listed on Attachment C. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the personnel cuts for six sworn positions not be included in the Police Department's Reorganization Plan listed on Attachment C titled, "Budget Reduction Items For Discussion," updated 7/7/08, from the City Manager's Office. (Note: The vote was taken following further discussion.) Police Chief Billdt reviewed the proposed reorganization of the Police Department with the Council, which represented a savings of $653,600. Council Member/Commissioner Baxter asked what was the Police Departments total budget. Chief Billdt stated that the Police Department's budget is $60+ million. Council Member/Commissioner Baxter stated that that represented a one percent cut. He asked how the rank and file felt about this proposal. Chief Billdt stated that he had met with the POA president and three members of the POA, and they all supported the reorganization. Mayor/Chairman Morris stated that the reorganization included the personnel aspect; however, there was a substantially higher budget savings as a result of the reorganization. 17 07/07/2008 Chief Billdt stated that the total budget savings was approximately $2.9 million. He added that $653,000 was one component of the larger budget reduction recommendation, aportion of which was approved by the Council at the last budget heazing. The motion made by Derry, seconded by Kelley failed. Ayes: Derry, Kelley, McCammack. Nays: Estrada, Baxter, Brinker, Johnson. Absent: None. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the six sworn positions remain vacant for one yeaz as recommended by Chief Billdt in his budget reduction proposal. The motion failed. Ayes: Estrada, Baxter, Johnson. Nays: Brinker, Derry, ~ Kelley, McCammack. Absent: None. ~ Council Member/Commissioner Brinker stated that when they are prepazed to come forward with a plan for how they aze going to deal with library services in the City, and when his colleagues give him a chance to talk publicly about the City's television station instead of pushing it through to a committee, then he will be prepazed to vote on these motions. But until then, he was not ready. Council Member/Commissioner Estrada stated that the public needs to be prepazed in that there will be less services and more inconveniences because they aze cutting departmental budgets to the baze bones. She stated that she supports the Police Department and the Fire Department, but we cannot become a City where the only two services we provide aze Fire and Police-that is not providing good community services to the taxpayers of this community. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that all items listed on Attachment C, titled "Budget Reduction Items For Discussion," Updated 7/7/08, from the City Manager's Office, be approved, except for the Police Department Reorganization. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: Johnson. Absent: None. ~ City Manager Wilson stated that since no action was being taken regazding the proposed layoffs, $1,128,000 would be added back in, for a total budget deficit of $5,788,900. Debbi Matley, 380 W. 17'h Street, San Bernardino, CA, spoke in support of retaining Community Service Offices in the City of San Bernardino. John Matley, 380 W. 17th Street, San Bernardino, CA, spoke in support of retaining Community Service Offices and officers. i I 18 07/07/2008 37B. Discuss and take possible action regarding potential ballot measures for the November 2008 ballot City Manager Wilson indicated that after several months of reseazch by staff and discussions with the Budget Ad Hoc Committee, a poll was wnducted to gauge voter opinion regazding several potential ballot measures. He stated that the potential measures included in the poll were a quarry tax, wazehouse tax, transient lodging tax (TLT) increase, removal of the exemption from UUT for the City of Riverside water pumping activities, and a 911 communications tax. Mr. Wilson stated that the question was whether or not the Council wanted to place any of the measures on the November 4, 2008 ballot. He added that the revenue for the current fiscal yeaz would not be very significant, but for Fiscal Yeaz 2009/2010, these measures would provide significant revenues that would help the budget situation in that year and beyond. Council Member/Commissioner Brinker asked when these items had to be ready for the November ballot. City Clerk Clazk responded by stating that resolutions would have to be adopted and submitted no later than August 8, 2008. Council Member/Commissioner Brinker stated that he was interested in creating a measure that would fund the Ciry's libraries. He asked if it would be possible to get one prepazed by August 8. He stated that his goal was not to close the libraries, but to substitute the funding for the library in another way, which would free up a lot of general fund money that wuld then be used to deal with the issues at hand. Ophelia Roop, Library Director, stated that the two things that make a referendum successful aze a feasibility study, which costs a minimum of $25,000, and a campaign manager/consultant, and they did not have the money for either of those things. She stated that the measures received over 50 percent of the vote in the past two elections. The first time it received 52 percent, the second time it received almost 56 percent, and California requires two-thirds vote. Also, the Old Fire took place during the 2003 referendum and people's minds were on solving problems associated with the fire-not on voting. Council Member/Commissioner Brinker stated that he believed the current circumstances might be favorable at this time. He stated that the public rewgnizes the fact that the City has a limited amount of dollazs. He stated that he believes there aze people out there who do believe in librazies and will support this. 19 07/07/2008 Mayor/Chairman Morris stated that in order to receive a successful response from the community a master plan should be developed, but he was concerned that there wasn't enough time to do that. City Manager Wilson recommended that the viability of a library tax measure should be discussed and those ideas should be brought back to the next Council meeting for consideration. It was the consensus of the Council that discussion of the matter be continued to the Council/Commission meeting of July 16, 2008. 38. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San Bernardino Municipal Code regarding scrap metal recycling. FIRST READING (Continued from June 16, 2008) Note: A copy of the ordinance was provided. No other backup was distributed. Council Member/Commissioner McCammack 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 unanimously with all members present. 39. Presentation from Inland Communities (Continued from June 16, 2008) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried unanimously with all members present. 40. RES. 2008-278 -Resolution of the City of San Bernardino authorizing the execution of an agreement with Nationwide Retirement Solutions, Inc. for services as administrator of the City of San Bernardino Deferred Compensation Plan. (Continued from June 16, 2008) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-278 was adopted unanimously with all members present. 41. RES. 2008-279 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a License and Indemniffcation Agreement by and between the County of San Bernardino, the City of San Bernardino and the High Desert Partnership in Academic Excellence Foundation, Inc., for property located at 503 East Central Avenue, San Bernardino, CA. (Continued from June 25, 2008) 20 07/07/2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-279 was adopted unanimously with all members present. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammark; City Clerk Clazk, Economic Development Agency Interim Executive Director Mazzullo and ' Special Counsel Sabo. Absent: None. R42. RES. CDC/2008-25 -Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the 2006 Affordable Single-Family Disposition and Development Agreement (HOME Funds -Four Agency Lots), by and among the Agency, Arroyo Valley Community Economic Development Corporation, and Inland Empire Concerned African American Churches (IVDA Redevelopment Project Area). Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2008-25 was adopted unanimously with all members present. R43. Budget Adoption Fiscal Year 2008-2009 (Continued from June 30, 2008) Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ("Agency") budget for the Fiscal Year 2008-2009, except for those portions ' of certain budget lines which are related to the Uptown Redevelopment Project Area. (R43A) Resolution of fire Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ("Agency") budget for those portions o[ certain budget lines which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2008- 2009. (R43B) 21 07/07/?A08 i Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the fundmg of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making Pmdings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R43C) Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making firndings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R43D) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of July 21, 2008. The motion carried unanimously with aB members present. 44. Public Comments Maria Hillstrom, 2042 E. 19'" Street, San Bernazdino, CA, stated that the City needs more police officers. Roy Ferguson, 288 E. 47'~ Street, San Bernardino, CA, stated that he hoped the Council supported an Operation Phoenix in the north end because there has been a lot of crime at the Sepulveda Apartments in the last few weeks. Lisa Loza, Hope Street, San Bernardino, CA, on behalf of ACORN and the residents of the First Ward, thanked Councilwoman Estrada for her immediate response in the repair of an uncovered manhole they reported at a prior Council meeting. David McCammack, 634 E. Pazkdale Drive, San Bernardino, CA, spoke regazding the recent chazges of child molestation against a City employee and asked what the City was going to do to prevent this from happening in the future. Betty Jean Long, P.O. Box 1098, San Bernardino, CA, reported that a certain church in the City was only interested in making money. Anthony Garacci, 752 W. 10'" Street, San Bernardino, CA, spoke in support of the Police and Fue Departments and urged the public to get involved. 22 07/07/2008 45. Adjournment At 8 p.m., the meeting adjourned to 4:30 p.m., Wednesday, July 16, 2008, for discussion of the FY 2008/09 budget and potential ballot measures for the November 2008 ballot. The next joint regulaz meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, July 21, 2008, in the Council Chambers of Ciry Hall, 300 North "D" Street, San Bernazdino, California. RACHEL G. CLARK City Clerk By Linda Sutherland Deputy City Clerk z3 mio~izoos