HomeMy WebLinkAbout08-18-2008 Jt. Reg Mtg Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chos Kelley
Rikke Van Johnson
Wendy McCammack
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 18, 2008
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:35 p.m., Monday, August 18, 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 Johoson, McCammack; City Attorney
Penman, Deputy City Clerk Sutherland, City Manager Wilson.
Absent:
None.
1. Closed Session
Pursuant to Government Code Section(s):
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 al. - United
States District Court Case No. EDCV 07-01027SGL (Opx);
San Bernardino City Professional Firefi~ters, Local 891 v. City of San
Bernardino; San Bernardino Fire Department, et al. - San Bernardino
Superior Court Case No. CIVSS 807685;
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08/18/2008
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. CIVSS 708367;
White v. City of San Bernardino - San Bernardino Superior Court Case
No. CIVSS 806002;
Conrad v. City of San Bernardino - San Bernardino Superior Court Case
No. CIVSS 808602;
Shirley Goodwin v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 98-66 RT (OP);
Zakyia Watson, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. CIVSS 807970;
City of San Bernardino v. Jesus Rodri~es Frausto, et al. - San
Bernardino Superior Court Case No. CIVSS 701469;
Omnipoint Communications, Inc., dba T-Mobile v. City of San
Bernardino, et al. - United States District Court Case No. CV08-01881
GAF (OPx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
Claim filed by Manta Management;
Inland Communities Corp. v. City of San Bernardino (Paradise
Hills);
Baude v. James Penman, Fred Wilson and City of San
Bernardino;
One (1) case.
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 - personoel - pursuant to Government Code Section
54957:
Director of Code Enforcement
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08/18/2008
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1.
Property Address:
1208 North "H" Street, San Bernardino
Ne~otiatin~ Parties: Don Gee, Deputy Director of the
Redevelopment Agency on behalf of the
City of San Bernardino, and Keith Williams
on behalf of Caltrans.
Under Ne~otiation: Purchase price, terms, and conditions
Central City North Redevelopment Project Area
2. Property Address: 450 North "E" Street, San Bernardino
APN: 0134-121-24
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director on behalf of the Redevelopment
Agency, and Moctesuma Esparza, CEO
and Founder on behalf of Maya Cinemas.
Under Ne~otiation: Purchase price, terms, and conditions
Central City South Redevelopment Project Area
3. Property Addresses: 225 Orange Show Lane, San Bernardino
Ne~otiatin~ Parties: Don Gee, Deputy Director of the
Redevelopment Agency on behalf of the
City of San Bernardino, and Ed and Joyce
Seidner and James W. Redfern 2002
Family Trust, as owners of said property.
Under Ne~otiation: Purchase price, terms, and conditions for
acquisition by the City of San Bernardino
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08/18/2008
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City Attorney Penman anoounced that the following additional item would be
discussed in closed session under Agenda Item No. 1C, anticipated litigation -
initiation of litigation:
City of San Bernardino v. Metropolitan Water Distrid
Closed Session Announcement
Deputy City Clerk Sutherland anoounced that in closed session a motion was made by
Council Member Estrada, seconded by Council Member McCammack that the Council
issue subpoenas to the following City staff members: Director of Code Enforcement,
Director of Parks & Recreation, Recreation Superintendent, and Senior Recreation
Supervisor. The motion failed. Ayes: Estrada, McCammack. Nays: Baxter,
Brinker, Derry, Kelley, Johnson.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor/Chairman Morris extended condolences to the family and requested a moment
of silence in memory of retired Judge Jesse William Curtis, Jr., a distinguished jurist
and member of a pioneer San Bernardino family, who passed away earlier this month at
the age of 102.
Invocation/Pledge of Allegiance
The invocation was given by Monsignor Tom Wallace of the Diocese of San
Bernardino. The pledge of allegiance was led by Elena Ordonez, a student at Ramona-
Alessandro Elementary School.
2. Appointment - John Matley - Bureau of Franchises - Council Member
Baxter (See related Agenda Item No. NBl, page 20)
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the appointment of Joho Matley to the
Bureau of Franchises, as requested by Council Member Baxter, be approved.
The motion carried unanimously.
3. Proclamations & Presentations
Mayor Morris presented a proclamation designating August as Child Suppon
Awareness Month in the City of San Bernardino to Conoie Brunn, Director of
Child Support Services for the County of San Bernardino.
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08/18/2008
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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
Jolena Grider
James Sharer
Melissa Demuri
Melody Green
Quandelet Neal
William Rogers
Department
City Attorney
Facilities Management
Police
Police
Police
Police
Years of Service
10
15
5
5
5
30
4. Announcements
Anoouncements 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 Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
unanimously.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the minutes of the following meetings of the
Mayor and Common Council/Community Development Commission of the City
of San Bernardino be approved as submitted in typewritten form: July 28,
2008; and July 31,2008. The motion carried unanimously.
7. Claims & Payroll
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated August 11, 2008, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
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08/18/2008
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personoel actions, as submitted by the
Interim Chief Examiner, dated August 13, 2008 in accordance with Civil
Service rules and Personoel policies adopted by the Mayor and Common
Council of the City of San Bernardino, be approved and ratified. The motion
carried unanimously.
9. ORD. MC-I282 - 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. FINAL READING (Continued from
August 4, 2008)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-1282 was adopted unanimously.
10. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute an agreement with the
patrons of the Roosevelt Bowl for the provision of support services for
Market Night at Perris Hill Park, and ratifying any action taken between
April 17, 2008 and the date that this resolution is adopted.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of September 2, 2008. The motion carried
unanimonsly.
11. ORD. MC-I281 - An Ordinance of the City of San Bernardino amending
San Bernardino Municipal Code Chapter 12.03 (Right-of-Way Permits,
Excavations and Temporary Encroachments), Section 12.03.020
(Definitions) and adding Section 12.03.055 to establish a trench cut
moratorium on newly paved public roadways. FINAL READING
(Continued from August 4, 2008)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No.
MC-1281 was adopted unanimously.
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08/18/2008
12. Authorize the Director of Development Services to execute Contract Change
Order No. One with Nikola Corporation for Sewer and Street
Improvements for various streets (SW07-02, SW07-01, SW06-01 & SW06-
09), per Project Plan No. 11868
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services be
authorized to execute Contract Change Order No. One with Nikola Corporation
for Sewer and Street Improvements for various streets (SW07-02, SW07-01,
SW06-01 & SW06-09), per Project Plan No. 11868. The motion carried
unanimously.
13. Authorize the Director of Development Services to execute Contract Change
Order No. One with L.A. Builders, Inc. for Segment 3 Sewer Line
Relocation 1-215 (SW08-08), per Project Plan No. 11916
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services be
authorized to execute Contract Change Order No. One with L.A. Builders, Inc.
for Segment 3 Sewer Line Relocation 1-215 (SW08-08), per Project Plan No.
11916. The motion carried unanimously.
14. Determination of Public Convenience or Necessity for an Alcoholic Beverage
Control Type 20 license (Off-sale Beer & Wine) for SM Asian Market
located at 333 South "E" Street
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council determine
that the public convenience or necessity is served by the proposed license and
direct the Development Services Department to contact the Department of
Alcoholic Beverage Control to support issuance of a Type 20 ABC license (Off-
sale Beer & Wine) to SM Asian Market located at 333 South "E" Street, subject
to conditions of approval recommended by the Police Department. The motion
carried unanimously.
15. RES. 2008-320 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Palm Avenue
and Piedmont Drive area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the district, to be known as
Assessment District No. 1062; preliminarily approving the Engineer's report
and giving notice of a public hearing.
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08/18/2008
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the Paho
Avenue and Piedmont Drive area (Tract Map No. 10302), to be known as
Assessment District No. 1062; and that said resolution be adopted. The motion
carried and Resolution No. 2008-320 was adopted unanimonsly.
16. RES. 2008-321 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Foothill Drive
and Sterling Avenue area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the district, to be known as
Assessment District No. 1058; preliminarily approving the engineer's report
and giving notice of a public hearing.
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the Foothill
Drive and Sterling Avenue Area, to be known as Assessment District No. 1058;
and that said resolution be adopted. The motion carried and Resolution No.
2008-321 was adopted unanimously.
17. RES. 2008-322 - Resolution ofthe Mayor and Common Council of the City
of San Bernardino approving the rmal map for Tract Map No. 17793,
located on the east side of Lynwood Way between Amanda Street and
Byron Street, accepting the public dedications as set forth on said map; and
authorizing execution of the standard form of agreement for the
improvements in said subdivision, with time for performance specified.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-322 was adopted unanimously.
18. RES. 2008-323 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Nikola Constrnction Corporation
for sewer improvements in Industrial Parkway - Tippecanoe Avenue - "I"
Street and pavement rehabilitation on Tippecanoe Avenue - "I" Street -
Sterling Avenue (SW05-05, SW05-06, SW04-36, & SS06-56), per Project
Plan No. 11923A.
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08/18/2008
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Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council reject the
protest of Alliance Streetworks, Inc.; and that said resolution be adopted. The
motion carried and Resolution No. 2008-323 was adopted unanimously.
19. Resolution of the City of San Bernardino authorizing the City Manager to
execute agreements for services with Joseph E. Bonadiman & Associates,
Inc., Gnida Surveying, Inc. and Associated Engineers, Inc. for on-call
surveying and map checking support.
Council Member/Commissioner Kelley stated that he had received an e-mail
from two residents who had questions as to whether there is a conflict of interest
regarding Joseph E. Bonadiman & Associates doing this work if they own
property in the area.
Valerie Ross, Director of Development Services, stated that if there was a
Capital Improvement Project (CIP) where the City had need of surveying
services that were near, or on, or adjacent to property owned by Bonadiman or
anyone else, they would go to the next company on the list.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. No vote was
taken.
When asked by Council Member/Commissioner McCammack as to how staff
would know this information, Ms. Ross explained that there is language that
requires them to tell the City if such a situation exists. She stated that it not
only has to do with owning property in proximity to the project, but could be a
situation where they are working for a private developer while working for the
City, and that would be a concern for the City also.
City Attorney Penman stated that he also had received the e-mail in his office;
however, he did not have an answer for this inquiry because he did not know
what properties are owned in that area by Mr. Bonadiman and any of his
companies and partnerships. He stated that his advice would be to continue the
matter until his office can look into the matter and report back to the Council on
whether or not there is a conflict of interest.
Discussion ensued wherein it was suggested that additional language be added to
the agreements to preclude any real or perceived conflicts of interests by
companies or individuals under contract to the City.
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08/18/2008
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Council Member/Commissioner Kelley made a substitute motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of September 2, 2008; and that additional
language be added to the agreements stating that these "consultants" be required
to report to the Director of Development Services any additional properties they
obtain while under agreement with the City and identify any projects they are
working on for a third party that could constitute a real or perceived conflict.
The motion carried unanimonsly.
20. RES. 2008-324 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending the reimbursement agreement with the City of
Riverside for street improvements to Commercial Road and Hunts Lane.
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-324 was adopted unanimonsly.
Later in the meeting Council Member/Commissioner Brinker stated that he
should have abstained on this item because these two roads are adjacent to his
home and asked that it be reconsidered.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that Agenda Item No. 20 be reconsidered. The
motion carried unanimously.
Council Member/Commissioner Brinker left the dais and returned after the vote
was taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
2008-324 was adopted unanimonsly. Ayes: Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Abstentions: Brinker.
21. RES. 2008-325 - Resolution of the City of San Bernardino approving
consultant services agreements with the firms of Willdan and
Transportation Engineering and Planning, Inc. to provide on-call traffic
engineering services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-325 was adopted unanimously.
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08/18/2008
22. RES. 2008-326 - Resolution of the City of San Bernardino authorizing the
execution of a lease agreement with Omnipoint Communications Inc.,
relating to City-owned property located north of Base Line Street and east
of California Street (Ann Shirrell's Park).
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-326 was adopted unanimously.
23. Resolution of the Mayor and Common Council approving and adopting the
City of San Bernardino's fmaI budget for Fiscal Year 2008-2009 and
establishing the City's appropriation limit as required by Article XXIII B of
the California State Constitution.
RES. 2008-336 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, authorizing the City of San Bernardino to
establish 2008-2009 expenditures for the month of September, 2008 only, at
one-twelfth the actual levels contained in the adopted budget for 2007-2008
fiscal year, or as needed to pay the authorized costs incurred for the month
of September, 2008 only, pending fmaI approval of the 2008-2009 budget,
and continuing the consideration of the City of San Bernardino's fmaI
budget for fiscal year 2008-2009 and establishing the City's appropriation
limit as required by Article XXIII of the California State Constitution.
Note: Budget continuing resolution not distributed with backup materials.
Council Member/Commissioner Estrada stated she would prefer to address only
the sections that involve the community centers and Project Phoenix, but she
was not sure how they could extrapolate this information from the total budget
to allow for a continuation for a certain period of time only in order to be able
to get answers back from the departments.
City Attorney Penman noted that three Council members had expressed concern
that they had not received this budget in time to review it. Also, his office had
just received it late this morning, and they had not read or signed the resolution.
He recommended that the matter be continued for two weeks; and that a
continuing resolution which had been prepared by his office be adopted by the
Council today.
Deputy City Clerk Sutherland read the title of the continuing resolution into the
record.
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08/18/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the continuing resolution be adopted, and
that the matter be continued to the Council/Commission meeting of September
2,2008. The vote was taken following discnssion.
Council Member/Commissioner Estrada asked that Finance prepare a detailed
summary or analysis outlining the total costs for operating Operation Phoenix
and the other community centers, including any contributions by the Economic
Development Agency and any collaborative grants that are part of the overall
income and expenditure of Operation Phoenix and the community centers.
Ms. Estrada also asked Ms. McCammack for copies of documents that had been
provided to her by City Manager Wilson relative to Operation Phoenix.
Ms. Estrada asked for an explanation of when there is a collaborative effort
initiated and we sign on to it, how do we account for the funds received versus
the services received.
The motion carried and continuing Resolution No. 2008-336 was adopted
unanimously.
24. RES. 2008-327 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the budget detail worksheet for
the Fiscal Year 2008 Homeland Security Grant Program to the San
Bernardino County Fire Department, Office of Emergency Services.
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-327 was adopted unanimonsly.
25. RES. 2008-328 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the budget detail worksheet for
the Fiscal Year 2008 Metropolitan Medical Response System (MMRS)
Grant Program to the San Bernardino County Fire Department, Office of
Emergency Services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-328 was adopted unanimously.
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08/18/2008
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26. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Use of Facilities
Agreement between the City of San Bernardino and California State
University, San Bernardino providing for the University's nse of Fiscalini
Field.
Council Member/Commissioner McCammack stated that she would abstain on
this item because California State University, San Bernardino is a business
client. She left the dais and returned after the vote was taken.
Discussion ensued wherein it was noted that the agreement actually specifies
particular dates and times for which the University will have use of the field,
but does not preclude other groups from utilizing the field at other times.
Additionally, it calls for Cal State to provide several upgrades and
improvements to the field.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. No vote was
taken.
Council Member/Commissioner Kelley verified with staff that Pony League
would be able to use the field and would not be displaced as they have been in
the past.
The following individuals spoke in opposition to the resolution/agreement:
Mike Williford, 2803 Akron Street, San Bernardino, CA;
Scott Workman, 3316 "D" Street, San Bernardino, CA;
Arthur Solis, 1488 West Baseline Street, San Bernardino, CA;
Jason Gopperton, 263 East 35th Street, San Bernardino, CA
Some of their concerns were that the contract is too vague relative to when other
entities can use the field; the contract period is too long; the displacement of 250
individuals/players to accommodate 25 college players; their belief that it will
kill the San Bernardino Adult Baseball League; loss of income to surrounding
businesses from those currently using the field; etc.
Council Member/Commissioner Kelley asked if relative to this agreement there
was a scheduling committee so everyone knows when the fields will be available
and who will be using them and at what time. If not, he suggested that they
look at The Blast agreement because there is a scheduling component to that
agreement.
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08/18/2008
Dr. Kevin Hatcher, Cal State Athletics, 5500 University Parkway, San
Bernardino, CA, stated that this is one of the ways they are looking to partner
with the City. He stated that the contract allows the City to schedule around
their games except for conference games that are predetermined. He stated that
most of their use will be from January to mid-May-the remainder of the year
the City is free to schedule whoever they want. He stated that they are putting
in $17,500 to help with the upkeep and maintenance of the field every year
along with what they have estimated to be about $100,000 in improvements to
the field.
Assistant City Manager Sassoon recommended a two-week continuance.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the
Council/Commission meeting of September 2, 2008. The motion carried.
Ayes: Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None.
Abstentions: McCammack.
27. Item deleted
28. RES. 2008-329 - Resolution of the City of San Bernardino authorizing the
execution of a Professional Services Agreement to employ Robert Curtis on
a part-time basis in Fiscal Year 2008/09.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-329 was adopted unanimously.
29. Item deleted
30. RES. 2008-330 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a seatbelt mini-grant
application by the Police Department to the California Office of Traffic
Safety/UC Berkeley Traffic Safety in the amount of $92,241.00, and
authorizing the Police Department to admini~ter the grant funds, if
awarded, in accordance with the Grant Expenditure Plan.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-330 was adopted unanimously.
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08/18/2008
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31. RES. 2008-335 - Resolution of the City of San Bernardino authorizing the
purchase and installation of a replacement jail doors control console from
Rockwell Controls, Inc., of Fullerton, California, pursnant to Chapter
3.04.010 (b)(3) of the Municipal Code and authorizing a budget amendment
and transfer.
City Attorney Penman noted that when the Mayor and Council were going
through the budget one of the discussions was whether they were going to
continue operating the jail; and he questioned whether it was their desire to keep
the jail going.
Police Chief Billdt explained that there is a likelihood that booking fees will not
be reimbursed, and if that is the case the City will have to pay $89.66 per
booking. He stated that if the booking fee reimbursement is eliminated, the City
will spend $145,000 more for booking fees than if we maintained our jail.
Secondly, our jail was built in 1996 under the Bureau of Prison's 1996
regulations. If we have more than a temporary closure of the jail and then
decide to reopen it, we will have to bring it up to the 2008 Bureau of Prison
standards; and the capital outlay to bring it up to those standards is going to be
substantial.
When making their decision, he asked the Council to consider that if we do
explore "pay to stay" jail status with Corrections Systems, Inc. out of Houston,
we need the jail doors fixed anyway. He stated that he had presented this item
as part of the department's budget preparations, but because of the tough fiscal
times their request to expend monies to replace the system was blue-lined.
Shortly thereafter the control console failed. He stated that the question is, if
we permanently close the jail, what would it cost to bring it back to the
standards under the 2008 guidelines.
Chief Billdt stated that he thought it would be fiscally responsible to spend the
money in the context of these issues. However, if it's something the Council
wanted to deliberate further, he would recommend they not deliberate too long
because he does not want to get permanent closed jail status.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted; and that
the Director of Finance be authorized to process a budget amendment moving
$90,700 from Account No. 001-228-5505 (Other Professional Services) to
Account No. 001-228-5704 (Capital Outlay-Other Equipment). The motion
carried and Resolution No. 2008-335 was adopted unanimously.
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08/18/2008
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32. Review of the Public Services Integrated Waste Management Division
Bnsiness Plan prepared by R3 Consulting Group
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the business plan be referred to the Ways
and Means Committee. The motion carried unAnimously.
33. Approve the preparation schedule for the Sewer System Management Plan
(SSMP) as required by the State Water Resources Control Board
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the preparation schedule for the Sewer
System Management Plan (SSMP) be approved. The motion carried
unanimously.
34. RES. 2008-331 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and issuance
of a purchase order in the amount of $900,000 to EFS West for LNG/CNG
heavy equipment garage modifications to the Fleet Division heavy
equipment maintenance facility.
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2008/09 adopted Public Services Budget and transfer $150,000
from Account No. 132-000-3405 (Sewer Fund Balance) into Account No. 132-
431-5706 (Alterations and Renovations); and that said resolution be adopted.
The motion carried and Resolution No. 2008-331 was adopted unanimously.
35. RES. 2008-332 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issnance
of a purchase order in the amount of $34,000 with three (3) one-year
extensions at the City's option between the City of San Bernardino and
South Bay Foundry, Inc. for the purchase of sewer manhole lids and
collars.
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-332 was adopted unanimously.
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08/18/2008
36. RES. 2008-333 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order in the amount of $58,500 to Guzman Constrnction
Company pursuant to Section 3.04.010 B-3 of the Municipal Code for the
labor, concrete materials and eqnipment costs associated with the removal
and installation of damaged, deficient and aged manholes.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-333 was adopted unanimously.
37. RES. 2008-334 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order in the amount of $100,000 with three (3) one-year
extensions at the City's option between the City of San Bernardino and
Guzman Constrnction Co. for the repairs of sidewalks, curbs, gutters and
cross gutters.
Council Member/Commissioner Johoson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-334 was adopted unanimously.
38. Ordinance of the City of San Bernardino amending Chapter 2.19 of Title 2
of the San Bernardino Municipal Code establishing a Youth Advisory
Commission.
Note: No ordinance was distributed with the backup materials.
City Attorney Penman asked for a two-week continuance.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that the matter be continued to the Council/
Commission meeting of September 2, 2008. The motion carried
unanimously.
39. RES. 2008-337 - Resolution of the Mayor and Common Council of the City
of San Bernardino opposing fIScally irresponsible state budget decisions that
would "borrow" local government transportation funds.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2008-337 was adopted unanimously.
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08/18/2008
40. Presentation by Inland Communities regarding the proposed University
Hills Project
A PowerPoint presentation was made by Inland Communities. No action was
taken on this matter.
41. Capital Improvement Program (CIP) workshop at 5:30 p.m. in the
Economic Development Agency Boardroom to review the 5-year Capital
Improvement Program - Fiscal Years 2008/09 - 2012/13
A PowerPoint presentation was made by Robert Eisenbeisz, City Engineer,
covering higWights of the 5-year Capital Improvement Program for fiscal years
2008/09 - 2012/13. He stated that some of the major projects will be the
Tippecanoe Interchange, Mt. Vernon Bridge, 1-215 Widening (administered by
SANBAG), University Parkway Interchange, 5th Street Bridge (administered by
SANBAG), Hunts Lane Bridge over the Union Pacific Railroad, and the State
Street extension. He stated that there would be several roadway extension
projects around the airport. Also, 27 rehab projects are proposed for this year
at a cost of $4,842,000.
Valerie Ross, Director of Development Services, advised the Council that staff
would need their feedback by the end of the week so [mal documents could be
prepared and ready for the September 2 Council/Commission meeting.
No action was taken on this matter.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johoson, McCammack; Senior Assistant City Attorney
Wilson, Economic Development Agency Interim Executive Director Marzullo and
Special Counsel Sabo, Deputy City Clerk Sutherland. Absent: None.
R42. Initiation of negotiations with Maya Cinema North America for a Consent
to Assignment and Amendment to Lease and a Disposition and Development
Agreement for the Agency owned CinemaStar Theatre and vacant property
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that the Community Development Commission
of the City of San Bernardino direct Agency Staff to initiate negotiations with
Maya Cinema North America for a Consent to Assignment and Amendment to
Lease and a Disposition and Development Agreement for the Agency owned
CinemaStar Theatre and vacant property. The motion carried unanimously.
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08/18/2008
c.-
R43. RES. CDC/2008-33 - 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 the Termination Agreement to the
Disposition and Development Agreement by and between the Agency and
Century Crowell Communities, LP.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. CDC/2008-33 was adopted unanimously.
R44. RES. CDC/2008-34 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing
execution of an agreement by and between the Redevelopment Agency of
the City of San Bernardino ("Agency") and the Inland Valley Development
Agency ("IVDA") for the admini~tration of the federally funded High
Ground Water/Liquefaction Mitigation and Economic Redevelopment
Project as related to a United States Department of Commerce Economic
Development Administration (EDA) Grant (07-49-06138 Award in the
amount of $950,000).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2008-34 was adopted unanimously.
R45. Resolution of the Mayor and Common Council of the City of San
Bernardino regarding a TEFRA Hearing to be conducted by the County of
San Bernardino for Revenue Bonds to be issued by the California Statewide
Communities Development Authority for the benefit of Mountain Shadows
Support Group for acqnisition of five (5) properties within the City of San
Bernardino.
Interim Executive Director Marzullo advised that the County had asked that this
item be tabled.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member Baxter, that the matter be tabled. The motion carried
unanimously with Estrada absent.
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08/18/2008
46. Public Comments
Betty Jean Long, P.O. Box 1098, San Bernardino, CA, requested that former
Mayor Valles contact her at her post office box or call her at 909/565-6689, as
she wants to know what happened to the $200,000 per year that she was allotted
by the government for a homeless shelter. She also requested the same
information from Mayor Morris.
Bill Allen, 1331 W. King Street, San Bernardino, CA, spoke in support of
Turrill Transitional Assistance Program, stating that he was once a homeless
veteran and until he came across Tom Kanavos' Turrill Transitional Assistance
Program he had very little hope.
Carlton Bishop, 1057 West 41" Street, San Bernardino, CA, spoke in support
of Turrill Transitional Assistance Program, which gives parolees a place to live
and helps them to turn their lives around.
Bobby Oquendo, 264 East 10th Street, San Bernardino, CA, a City fire
employee, took exception to comments made regarding fIre personoel during the
recent budget discussions, stating that in the 31 years he has worked for the City
he and all the men and women of the Fire Department have done a lot of things
for the City and are ready, willing, and able to do anything for the Mayor and
Council to save the City money.
Anthony Garacci, 752 West 10th Street, San Bernardino, CA, spoke regarding
protection for individuals who turn in taggers and other individuals breaking the
law, stating that they are being threatened by these individuals, yet no one will
do anything to help them.
NB 1. Appointment - Louella Deetz - Bureau of Franchises - Council Member
Kelley (See related Agenda Item No.2, page 4)
Note: No backup material was submitted.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Brinker, that the matter arose subsequent to the posting of the agenda.
The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Kelley,
Johnson. Nays: McCammack. Absent: None.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the appointment of Louella Deetz to the
Bureau of Franchises, as requested by Council Member Kelley, be approved.
The motion carried unanimously.
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08/18/2008
39. Adjournment
At 7:17 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Tuesday, September 2, 2008, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
LINDA SUTHERLAND
Deputy City Clerk
By: ~ H~e{J4jJ
Deputy City Clerk
21 08/18/2008