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HomeMy WebLinkAbout06-16-2008 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Pom"', J. Morris CouncU Members: Esther Estroda De1l1fis J. BOXIer Tobin Brinker Neil Derry Chas Kelley RilcIre Van Johnson Wendy 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 Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner 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): Richard "Scott" Moss, et al v. City of San Bernardino, et aI. - United States District Court Case No. EDCV 07-01027 SGL (OPX); 1 06/16/2008 San Bernardino City Professional Firefi2hters, 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, Local 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. 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: Ne20tiator: Linn Livingston, Human Resources Director Employee Orl!;anization(s): General Unit Middle-Management San Bernardino Confidential Management Association Fire Fighters Local Union No. 891 San Bernardino Police Officers Association 2 06/16/2008 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: IVDA Redevelopment Project Area I. Property Address: 1350 S. "E" Street APN: 0140-143-51 Nel!;otiatinl!; Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency, and Randy VanGelder, General Manager on behalf of the San Bernardino Valley Municipal Water District Under Nel!;otiation: Purchase price, terms & conditions Mt. Vernon Corridor Redevelopment Project Area (ARCO AMIPM Service Station) 2. Property Addresses: 542 North Mt. Vernon Avenue Nel!;otiatinl!; 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 Nel!;otiation: Purchase price, terms, and conditions City Attorney Pemnan announced that the following items would be discussed in closed session under Agenda Item No. lB, 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 06116/2008 InvocationIPledge of Allegiance 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 commission appointments. 3. Proclamations & Presentations Andrea Martin, a student at San Andreas High School, was presented the Student of the Month award by Council Member Derry. Council Member Johnson recoguized 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; . 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 Sgt. Justin Little, Del Vallejo Middle School; . Cadet Cpl. Mariah Lofgran, Shandin Hills Middle School; . Cadet Sgt. Juan Valdelamar, Curtis Middle School; . Cadet Cpl AsWey Palmer, San Gorgonio High School; . Cadet Master Sgt. Richard O'Howell, Middle College High School; . Cadet 2nd Lt. Michael Mendez, Middle College High School; . Cadet 2nd Lt. Christina Amezquita, Pacific High School; . Cadet Capt. Jacob Rodriguez, San Gorgonio High School; . Cadet Major Helen Maduena, Cajon High School; . Cadet Lt. Co!. Cameron Urquhart, Cajon High School. 4 06/16/2008 The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Henry Empeiio Jr. Joseph Lease Sarah Foster Matthew Topoleski Steven Rouchleau Dan Acosta Michael Billdt Reuben Cordoba William Flesher Michael Fox Ronald Kain Department City Attorney Development Services Fire Fire Parks and Recreation Police Police Police Police Police Public Services 4. Announcements Years of Service 20 20 5 20 20 5 30 10 30 20 20 Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried 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 Barbara Pachon, Director of Finance, be approved. The motion carried unanimously with all members present. 7. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the personnel 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 carried unanimously with all members present. 8. RES. 2008-235 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 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. OR>>. MC-1273 - Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 5.20.040 relating to fees for massage parlors and m"~sage technicians operating within established beauty salons. FINAL READING (Continued 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 conf"mning the 2008/09 Assessment Rolls for varions assessment districts RES. 2008-180 - Resolution of the City of San Bernardino conf"uming the 2008/2009 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road area. (l1A) RES. 2008-233 - Resolution of the City of San Bernardino conf"uming the 2008/2009 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University area. (lIB) RES. 2008-232 - Resolution of the City of San Bernardino conf"uming the 2008/2009 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive area. (11C) RES. 2008-181 - Resolution of the City of San Bernardino conf"uming the 2008/2009 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive area. (lID) 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 Bills area. (11E) RES. 2008-183 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue area. (11F) RES. 2008-184 - Resolution of the City of San Bernardino conf"mning 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 conf"rrming the 2008/2009 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Riallo Avenue and Eucalyptus Avenue area. (111) RES. 2008-187 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street area. (11J) 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. (11K) RES. 2008-189 - Resolution of the City of San Bernardino conf"rrming the 2008/2009 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue area. (11L) RES. 2008-190 - Resolution of the City of San Bernardino conf"rrming 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 conf"mning the 2008/2009 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street area. (11N) 7 06/16/2008 RES. 2008-192 - Resolution of the City of San Bernardino conf'mning the 2008/2009 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street area. (110) RES. 2008-193 - Resolution 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. (lIP) RES. 2008-194 - Resolution of the City of San Bernardino conf'mning the 2008/2009 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street area. (11Q) RES. 2008-195 - Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue area. (l1R) RES. 2008-196 - Resolution of the City of San Bernardino conf'mning the 2008/2009 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street area. (lIS) RES. 2008-197 - Resolution of the City of San Bernardino conf'mning the 2008/2009 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "H" Street area. (11 T) RES. 2008-198 - Resolution of the City of San Bernardino conf'mning the 2008/2009 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) area. (11U) RES. 2008-199 - Resolution of the City of San Bernardino conf'mning 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 San Bernardino conf'mning the 2008/2009 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street area. (11 W) 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. (11X) 8 06/16/2008 RES. 2008-202 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive area. (11Y) RES. 2008-203 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (l1Z) RES. 2008-204 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. (l1AA) RES. 2008-205 - Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue area. (l1BB) RES. 2008-206 - Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment District, SBIAA/Alliance California area. (1ICC) RES. 2008-207 - Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. (l1DD) RES. 2008-208 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll For Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive area. (l1EE) RES. 2008-209 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street area. (11FF) RES. 2008-210 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1027 Landscaping Maintenance District, Waterman Avenue and Washington Street area. (l1GG) RES. 2008-211 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1028 Landscaping Maintenance District, Ohio Avenue and Walnut Avenue area. (l1HH) 9 06/16/2008 RES. 2008-212 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1029 Landscaping Maintenance District, California Street and 16'" Street area. (l1I1) RES. 2008-213 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (l1JJ) RES. 2008-214 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1031 Landscaping Maintenance District, Irvington Avenue and Olive Avenue area. (l1KK) RES. 2008-215 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive area. (l1LL) RES. 2008-216 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Special Tax for certain parcels of real property within Community Facilities District No. 1033 for a portion of the operation and maintenance costs of the Verdemont Fire Station. (11MM) RES. 2008-217 - Resolution of the City of San Bernardino conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road area. (11NN) RES. 2008-218 - Resolution of the City of San Bernardino conf"mning 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 conf"mning the 2008/2009 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue area. (l1PP) RES. 2008-220 - Resolution of the City of San Bernardino confmning the 2008/2009 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue area. (l1QQ) RES. 2008-221 - Resolution of the City of San Bernardino confmning the 2008/2009 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance District, Irvington Avenue and Chestnut Avenue area. (l1RR) 10 06/1 6/2008 RES. 2008-234 - Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1040, Landscaping Maintenance District, Acacia Avenue and Hill Drive area. (1ISS) 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. (11TI) RES. 2008-223 - Resolution of the City of San Bernardino conf'll'IDing the 2008/2009 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive area. (11 UU) RES. 2008-224 - Resolution of 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 Avenue and Irvington Avenue area. (11 VV) RES. 2008-225 - Resolution of the City of San Bernardino conf'll'IDing the 2008/2009 Assessment Roll for Assessment District No. 1045 Landscape Maintenance District, located in the Waterman Avenue and Orange Show Road area. (11 WW) RES. 2008-226 - Resolution of the City of San Bernardino conf'll'IDing the 2008/2009 Assessment Roll for Assessment District No. 1046 Landscape Maintenance District, Northpark Boulevard and Northstar Avenue area. (11XX) RES. 2008-227 - Resolution of the City of San Bernardino conf'll'IDing the 2008/2009 Assessment Roll for Assessment District No. 1047 Landscape Maintenance District, located in the Ohio Avenue and Pine Avenue area. (11 IT) RES. 2008-228 - Resolution of the City of San Bernardino confll'lDing the 2008/2009 Assessment Roll for Assessment District No. 1050 Landscape Maintenance District, located in the Pepper Avenue and Rialto Avenue area. (11ZZ) RES. 2008-229 - Resolution of the City of San Bernardino conf'll'IDing the 2008/2009 Assessment Roll for Assessment District No. 1052 Landscape Maintenance District, located in the Belmont Avenue and Chestnut Avenue area. (1IAAA) 11 06/16/2008 RES. 2008-230 - Resolution of the City of San Bernardino confirming the 2008/2009 Assessment Roll for Assessment District No. 1060 Landscape Maintenance District, located in the Chiquita Lane and Date Street area. (l1BBB) 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 Fiscal Year 2008/2009 Tax Roll. (l1CCC) 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 11B, 11C, and 1155. 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. lIB 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 11B be adopted. Resolution No. 2008-233 was adopted. Ayes: Baxter, Brinker, Derry, Johnson, McCammack. Nays: Estrada. Abstentions: Kelley. 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, Kelley, McCammack. Nays: None. Abstentions: Johnson. Absent: None. Council Member/Commissioner Derry stated that he would abstain on Agenda Item No. 1155 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 llSS be adopted. Resolution No. 2008-234 was adopted. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Abstentions: Derry. Absent: None. 12. RES. 2008-243 - Resolution of the City of San Bernardino 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 coming forward today when it should have been done in January 2008. She 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 lJnanimously with all members present. 13. Resolution of the City of San Bernardino authorizing the execution of an agreement with Nationwide Retirement Solutions, Inc. for services as admini~trator of the City of San Bernardino Deferred Compensation Plan. Staff requested a two-week continuance of this matter due to concerns regarding the agreement. Council Member/Commissioner Kelley made a motion, seconded 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 and Common Council 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. RES. 2008-237 - Resolution of the Mayor and 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 for the provision of pre-employment physicals and fitness for duty psychological testing for police and rll"e 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 aU members present. 17. RES. 2008-238 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order to Accela, Inc., for maintenance of the Permits+ System. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-238 was adopted unanimously with all members present. 18. RES. 2008-239 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of letters of intent and issuance of a purchase order to AT&T for DS3 and T1 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 aU members present. 19. RES. 2008-244 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Letter of Agreement with KaBOOM! and the Boys and Girls Club of San Bernardino for a community-build playground to be constructed at Delmann Heights 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 aU members present. 14 06/16/2008 20. RES. 2008-240 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to increase Purchase Order No. 208064 issued to Waterline Technologies, Inc. in the amount of $7,500, from $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 all members present. 21. RES. 2008-241 - Resolution of the 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 Financial Services for tenant 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 un..n;mously with all members present. 22. RES. 2008-245 - 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 Centennial, 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 un..n;mously with all 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 un..n;mously with all members present. 24. Report regarding the six-month pilot program to restrict 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 ward. 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 Ward only, but that it remain in the Seventh Ward. The motion carried nnAnimously 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 with the San Bernardino City Unified School District for the Creative Before and After School Program for Success (CAPS) for FY 08/09. City Attorney Pemnan declared a conflict and left the Council Chambers because his wife is a member of the school board. 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 nnAnimously 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 Pemnan advised that the attorney representing Budget Lodge had requested a 45-day continuance until the settlement documents could be prepared. 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 54th 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 54th Street in the City of San Bernardino. 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 54th Street; and that said resolution be adopted. The motion carried and Resolution No. 2008-247 was adopted unanimously with all members present. 17 06/16/2008 29. Public hearing - resolution prohibiting parking upon certain designated streets and alleys - no parking between the hours of ten p.m. and six a.m. except by permit zones on residential streets located within Tract No. 10260 - Foothill Villas Estates (Continued from May 19, 200S.) RES. 2008-248 - Resolution of the City of San Bernardino amending Resolution 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 Clark administered an oath to the following individuals that they would provide true and honest testimony: Darryl Jackson, 469 W. 59th Street, San Bernardino, CA, spoke in support of the proposed resolution and submitted a document titled, Party Night @ 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 McCarnmack requested that the Police Department help enforce the noise ordinance, which allows for confiscation of boom boxes, speakers, mufflers, and the vehicles, if necessary, from those individuals who are 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. 18 06/16/2008 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 this 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 carried and Resolution No. 2008-248 was adopted. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Abstentions: Derry. Absent: None. 30. 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 2, 2008.) Note: No backnp materials were distributed. Staff requested a two-week continuance of this item. Council Member/Commissioner McCammack 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 unanimously with all members present. 31. An Ordinance of the City of San Bernardino adding Chapter 5.19 to the San Bernardino Municipal Code regarding prohibiting sex offenders from peddling and soliciting and repealing Section 5.04.605 regarding house-to- house solicitors. FIRST READING (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, 2(08) 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 Council/Commission meeting of July 7, 2008. The motion carried unanimously with all members present. 33. RES. 2008-249 - Resolution of the 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 Police Document Imaging System Workflow Software and s.."'nning station hardware/software to Avrio Corporation of Glendale, CA. (Continued from June 2, 2(08) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-249 was adopted llDlInimously with all members present. 34. RES. 2008-250 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of a purchase order for police vehicle safety equipment to Adamson Police Products of Los Alamitos, CA. (Continued from June 2,2(08) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-250 was adopted pnllnimously with aU members present. 35. RES. 2008-251 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of an annual purchase order for police vehicle safety lighting and siren equipment to Federal Signal Corp. of Uuiversity Park, IL. (Continued from June 2, 2(08) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-251 was adopted pnllnimously with aU members present. 36. RES. 2008-252 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the award of a purchase order for maintenance services to Tiburon Inc. of Pleasanton, California. (Continued from June 2, 2(08) 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 nm.nimously with all members present. 37. RES. 2008-253 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the award of an annual purchase order for the City's 800 MHz voice/data backbone, MDC maintenance, dispatch console maintenance, and user equipment maintenance with the County of San Bernardino's 800 MHz Group. (Continued from June 2, 2(08) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-253 was adopted nnanimously with all members present. 38. RES. 2008-254 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a Fiscal Year 2008/2009 purchase order to NP A Computers Inc. for maintenance of the City's computer and networking hardware and operating system software. (Continued from June 2, 2(08) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-254 was adopted nnanimously 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, 2(08) 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 authorizing the purchase of Records Management System servers from Zunesis Inc., of Centeunial, Colorado. (39B) Resolution of the City of San Bernardino authorizing the purchase of an Oracle database software upgrade from Mythics, Inc., of Virginia Beach, Virginia. (39C) Resolution of the City of San Bernardino authorizing the purchase of Evdo modems from the San Bernardino County 800 MHz Group (A Government Agency) of San Bernardino, California. (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 Member/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 48 Alcohol Beverage Control (ABC) license at 100 West Hospitality Lane - Manta ManagementlFlesh Club Terri Rahhal, 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 Council 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 hearing relative to the CUP would not be able to go forward. Ms. Rahhal explained that a Type 48 ABC license is a general license issued to a bar 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 are licensed to serve both beer and wine. She stated that in this particular census tract there is one existing Type 48 license, seventeen Type 47 licenses, 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 would 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 the Police Department generally receives more calls for service to the locations with Type 48 licenses than to those restaurants with the Type 47 licenses. 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 IO-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 architect 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 are 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. Henry Empeiio, Senior Deputy City Attorney, advised that State law says clearly 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 are more than two on-sale ABC licenses granted in the census tract encompassing the Hospitality Lane area. 23 06/16/2008 Mr. Empeiio 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 fmding. 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. Empeiio 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 no 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. Rahhal 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 inunediately 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 06/16/2008 Senior Deputy City Attorney Empefio 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. Empefio 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 and 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 IInlln;mously. 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 fmdings: 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 censns 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. Absent: Estrada. 25 06/16/2008 COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Conunissioners 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/Conunissioner Estrada. R43. CDC/2008-19 - Resolution of the Community Development Commission of the City of San Bernardino approving the endorsement 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 Bernardino ("Agency") to execute a Professional Services Agreement with EDAW, Inc., for the preparation of a Downtown Core ConceptNision Plan in the amount not to exceed $263,500. Council Member/Conunissioner McCammack 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/Conunissioner Derry made a motion, seconded by Council Member/Conunissioner Brinker, that said resolution be adopted. Resolution No. CDC/2008-19 was adopted. Ayes: Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: McCammack. 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 of 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. Vernon Corridor Redevelopment Project Area). Council Member/Conunissioner McCammack stated that she was not in agreement that this was the best position to put the Agency in as far as the financial 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 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 covenants 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 San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to submit an application to the California State Department of Housing and Community Development for fuuding under the CaffiOME Program; the execution of a Standard Agreement, if selected, for such fuuding and any amendments thereto; and any related documents necessary to participate in the CamOME 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 S. Beverly Drive, Beverly Hills, CA, Portfolio Properties and Management, spoke regarding their development at the northeast comer of Highland and Palm and the hardship of attracting tenants; and suggested changing Section 19.06.025-F of the Municipal Code (Development Code). Jeff Tucker, 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 regarding the challenges of operating a business on South "E" Street. Hank Dayani, Luxor Properties, 975-985 South "E" Street, San Bernardino, CA, owner of the shopping center at said location, told how he had lost many of his tenants since acquiring the property, stating that the moratorium on several businesses must be lifted-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 first 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 Matley, 300 West 18th Street, San Bernardino, CA, spoke regarding the San Bernardino Arson K-9 Program, which is scheduled to be cut on June 30. She stated that through private contributious 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. Poplar Street, San Bernardino, CA, spoke regarding extension of the City's Arson K-9 Program. Jerry Moya, 2565 W. Poplar Street, San Bernardino, CA, spoke in support of Diesel the fire dog, the need for the Mayor to make an appointment to the Board of Fire Commissioners, the unresolved flooding issues at Poplar and Meridian and Birch, and expressed opposition to cutting one fire station. Anthony Garacci, 752 W. 10th 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. 28 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. By: RACHEL G. CLARK ~ty Clerk . ~.~ Linda E. Hartzel Deputy City Clerk 29 06/16/2008