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Home My WebLink About06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Polmlc J. Morris Council Members: Esther Estrada Dennis J. Boxter Tobin Brinker Fred Shorell ehas Kelley Rilclce Van Johnson Wendy McCammaclc ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 18, 2009 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 1:36 p.m., Monday, May 18, 2009, 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, Shorett, Kelley, Johnson, McCarnmack; City Attorney Penman, Acting City Manager Sassoon, City Clerk Clark. Absent: None. Council Member/Commissioner McCammack left at 7:10 p.m. Mayor/Chairman Morris left at 7:25 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 1 05/18/2009 People of the State of California, acting by and through the Department of Transportation v. Macy's California, LLC, A California Limited Liability Company et al. - San Bernardino County Superior Court, Case No. SCVSS 145059; Jane Batey, et al. v. City of San Bernardino - San Bernardino County Superior Court, Case No. SCVSS 141503; Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez et al. - San Bernardino County Superior Court, Case No. SCVSS 86091; Dennis Jackson, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. C1VSS 800797. 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: Denny's Restaurant Shooting 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional item would be discussed in closed session under Agenda Item No. IB, significant exposure to litigation: Mobile home park owners vs. City of San Bernardino. 2 05/1812009 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. Invocation/Pledge of Allegiance The invocation was given by Captain Stephen Ball of the Salvation Army. The pledge of allegiance was led by Bowen Dixon, a 5th grade student from Barton Elementary School. 2. Reappointments - Mobile Home Board - Mayor Morris . Steven Oquendo . Robert Hampton . Sandra Kurkoske Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the reappointments of Steven Oquendo, Robert Hampton, and Susan Kurkoske to the Mobile Home Board, as requested by Mayor Morris, be approved. The motion carried unanimously. 3. Presentations & Proclamations Council Member/Commissioner Brinker presented the Student of the Month Award to Carli Lessard, a student at Richardson Prep Hi Middle School. Mayor/Chairman Morris and Council Member/Commissioner McCanJrnack presented a proclamation designating May 2009 as Lyme Disease Awareness Month to Anne Mears. Rabbi Cohn, Chairman of the City's Bicentennial Committee, announced that the committee would be celebrating the 199th birthday of the City of San Bernardino from 12-1 p.m., Wednesday, May 20, 2009, on the steps of City Hall. Jane Sneddon, a member of the Bicentennial Committee, presented a report on the plans for the May 22,2010, Bicentennial Parade. Mayor/Chairman Morris presented a proclamation designating May 17-23, 2009, as National Public Works Week to Ken Fischer, Public Services Director; Randy Kuettle, Deputy Director/Maintenance Services; Valerie Ross, Development Services Director; and Robert Eisenbeisz, City Engineer. Mayor/Chairman Morris presented a resolution of commendation to Assistant City Manager Lori Sassoon in appreciation of her outstanding deeds, accomplishments, and dedicated service, and congratulated her on her new position as City Manager in the City of Villa Park. 3 05/18/2009 The following individuals were presented a service pin award by Mayor/ Chairman Morris in recognition of their many years of dedicated service to the City: Name Delisa Billups-Jones Miguel Castro Rita Conrad Larry Husted Millicent Price Raymond Bonshire Sharon Crawford John Diaz Brian Smith 4. Announcements Department Development Services Facilities Management Finance Fire Library Police Police Police Police Years of Service 5 35 15 30 20 5 10 25 25 Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Mernber/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. 6. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated April 29, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 7. Personnel Actions No personnel actions were submitted. 4 05/18/2009 8. ORD. MC-I305 - An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Section 5.82.020 of the San Bernardino Municipal Code relating to the violation of any condition of an Operator's Permit. FINAL READING (Continued from May 4, 2(09) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1305 was adopted lJnAnimously. 9. RES. 2009-118 - Resolution of the Mayor and Common Council of the City of San Bernardino requesting that the City of San Bernardino's primary election be consolidated with the November 3, 2009 consolidated election conducted by the County of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-118 was adopted unAnimously. 10. Set budget hearing dates for FY 2009/10 budget Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council set budget workshop dates for June 3, 9, 16, 24, and 29 at 4:00 p.m. in the Economic Development Agency Boardroom to review the Fiscal Year 2009/10 City and Economic Development Agency Budgets. The motion carried unanimously. 11. Authorize the Director of Development Services to execute Contract Change Order No. Two with Weka, Inc. for Sewer Force Main and Colton Lift Station improvements at Inland Center Drive - Sewer Main & Sewer Encasements at Mill Street (SW08-08) 1-215 Freeway widening (Segment 3) and authorization to amend the FY 2008/09 budget Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2008/09 budget by increasing the revenue of Fund No. 242 (Street Construction) by $170,000 and allocate this additional amount to Account No. 242-362-5504-7747 "SW08-08 Segment 3 Sewer Relocation along 1-215 Freeway"; and that the Director of Development Services be authorized to execute Contract Change Order No. Two with Weka, Inc. for the Sewer Force Main and Colton Lift Station improvements at Inland Center Drive - Sewer Main & Sewer Encasements at Mill Street (SW08-08) 1-215 Freeway widening (Segment 3). The motion carried unAnimously. 5 05/18/2009 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for Services and issuance of a purchase order to Modular Space Corporation, for Public Services Modular Building and Related Equipment in the City of San Bernardino per RFQ #F-09-10. Council Member/Commissioner McCammack stated that in light of the fact that the City Council has been considering selling the Integrated Waste Management Division for some time, she questioned why the City would spend $311,000 on an investment on which they would never see a return. She stated that she had several safety concerns regarding the City yard, and felt that more money would have to be invested in this project to make it work. Council Member/Commissioner McCammack made a motion, seconded by Council Mernber/Commissioner Estrada, that the matter be tabled. The motion carried with Baxter and Brinker voting "no". 13. Resolution ofthe Mayor and Common Council of the City of San Bernardino approving a side letter to Resolution 2006-66 for fuD-time, fll"e safety employees, amending the current language in Article III, Compensation: Section 1, Salaries, Subsection (A); Article IV, Fringe Benefits: Section 1, Health/Related Insurance, Subsection (C); Article IV, Fringe Benefits: Section 4, Deferred Compensation; Article IV, Fringe Benefits: Section 7, Vacation and Holiday Sell-Back; Article IV, Fringe Benefits: Section 8, Welfare Benefit Trust; Article V, Leave Provisions: Section 1, Vacation, Subsection (E); adding Article IV, Fringe Benefits: Section 9, Post Employment Health Plan Programs; Article V, Leave Provisions: Section 7, Budget Concession Leave; and Article VII, General Provisions, Section 2, Term. City Clerk Clark stated that staff had requested that this matter be continued for two weeks. Note: No resolution was distributed with the backup material. Council Member/Commissioner Baxter made a motion, seconded by Council Mernber/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of June 1,2009. The motion carried unanimously. 14. RES. 2009-119 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the San Bernardino City Unified School District and the City of San Bernardino for high school graduation security. 6 05/18/2009 City Attorney Penman abstained as his wife is a member of the San Bernardino City Unified School District Board of Trustees. He stated that Tim Sabo had reviewed and signed the documents. Council Member/Commissioner McCammack abstained as the San Bernardino City Unified School District is a business client. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-119 was adopted with McCammack abstaining. 15. RES. 2009-120 - Resolution authorizing the Police Department to participate in the San Bernardino County Data Sharing Initiative and authorizing the Chief of Police to execute the San Bernardino County Data Sharing Initiative Memorandum of Understanding (MOU). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-120 was adopted unanimously. 16. RES. 2009-121 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the Amendment to the Memorandum of Understanding (MOU) with the San Bernardino County Auto Theft Task Force (SANCATf). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-121 was adopted unanimously. 17. An Ordinance of the City of San Bernardino amending Chapter 15.37 of the San Bernardino Municipal Code related to the Historic Building Demolition Ordinance. FIRST READING Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be laid over for final adoption. The motion carried unanimously. 18. Appeal Hearing - Appeal City Clerk's denial of the fll"eworks stand application submitted by the San Gorgonio High School Tennis Team Mayor/Chairman Morris opened the hearing. City Clerk Clark stated that in order to apply for a fireworks stand license every organization must have a 501(c) (3) non-profit exemption from the Federal 7 05/18/2009 Government. She stated that the San Gorgonio High School Tennis Team did not provide proof of their 501(c) (3) exemption; however, they provided a letter from their CPA stating that the San Bernardino City Unified School District has an exemption. She stated that her concern was that if in fact they wanted to apply under the umbrella of the San Bernardino School District, the application should have come from the School District; otherwise, the School District would be assuming that responsibility and liability. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council grant the appeal and allow the San Gorgonio High School Tennis Team the opportunity to apply for and provide their 501(c) (3) to the City before the deadline. The vote was taken following additional discussion. City Clerk Clark stated that her only concern was that this could be setting a precedent and would open the door for others to request similar waivers. Council Member/Commissioner Kelley stated that ultimately it was the decision of the policy makers of the City. City Attorney Penman stated that it was not a policy decision, but was a legal matter. He stated that the ordinance mandates that any group must have a 501(c) (3) and the Council did not have the legal authority to waive that legal requirement. He stated that the Council could amend the ordinance and remove that requirement if they wished to do so, but as long as that requirement is on the books, the Council would in effect be breaking the law if they were to grant an exception to any organization regardless of who they are. The ordinance clearly requires that the applicant include a copy of their 501(c) (3) verification of non- profit status or demonstrate that it is a non-profit organization, group, association, etc., which is organized primarily for veteran, patriotic, welfare, civic or social betterment (including public or private school clubs, groups, organizations or such other public or private school affiliates), or charitable purposes. Mr.Penman stated that the City Clerk's determination was that they did not meet that requirement; and he had not seen any evidence that suggested that they did. He stated that his office had not looked into the issue of whether or not they would qualify under the School District's status, but he agreed with the City Clerk that they need to have that 501(c) (3) or they need to meet one of the other requirements. He stated that it would not be appropriate for the Council to make a decision to grant a license to someone that doesn't have a 501(c) (3). He stated that if the Council wanted to continue the matter his office could look into whether they would qualify, but he didn't know how much time was available. 8 05/18/2009 Mayor/Chairman Morris recommended that the matter be continued to June 1 to give the City Attorney an opportunity to look into this matter more thoroughly. City Clerk Clark stated that time is of the essence only because organizations are waiting for the drawing to take place and those organizations that are selected will need time to apply for permits and get volunteers between now and June 28. Cindy Buechter, Business Registration Manager, stated that not only do they have to have the 501(c) (3), but the group has to have been established as that non- profit organization in the City for one year. She stated that she didn't know whether that meant that the 501(c) (3) had to have been in place for one year, or just the group itself; and for that information she would have to defer to the City Attorney's office. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Patrick Kahler, Head Tennis Coach of the San Gorgonio High School Tennis Team, stated that when he asked for approval from the School District for this fundraising activity and requested a copy of the 501(c) (3), they provided him with a letter and told him that they are a government entity-they are not a non- profit organization like a church or a charitable group. He stated that it would cost $300 to apply for a 501(c) (3), and that would pay for uniforms, restringing rackets, or extra equipment. Mr. Kahler stated that if the Council deems that they are not a non-profit organization, he requested that the $75 appeal fee be returned. He urged the Council to grant the appeal. Mayor/Chairman Morris asked if it would be feasible to grant a two-week continuance. Ms. Buechter stated that permits would have to be obtained through Development Services and the Fire Department after the placement of the booths by the Fireworks companies. She stated that if the Council continues the matter to June 1, and depending on what the decision is, the drawing could be held on June 2; however, they would be leaving those groups with a shortened timeframe in which to get organized. City Attorney Penman stated that if the Tennis Club did not have a 501(c) (3), he believed it would be a simple matter to get a letter from the School District or the principal of San Gorgonio High School demonstrating their non-profit status, provided that they have complied with all other requirements. Council Member/Commissioner McCarnmack stated that she was concerned that this non-profit organization had to pay for this appeal process and she wondered 9 05/18/2009 why their request was denied if the ordinance contains language that allows them to demonstrate their non-profit status, which they did by submitting a letter. City Attorney Penman stated that he did not believe there was a demonstration because the letter did not come from the school or the school district. Council Member/Commissioner Johnson stated that at some point the Council was going to have to address the fact that they are allowing fireworks stands below the 30 Freeway and they have this division of allowing fireworks in one particular part of the City and not in the other. He stated that they keep talking about fires and this certainly adds to the issue of safety in the City. He stated that the non-profit organizations are going to have to think of other ways to raise money. Jay Lindberg spoke in support of granting the application submitted by the San Gorgonio High School Tennis Team. Mr. Penman asked if the motion was to include a refund of the appeal fee to the applicant, assuming they are successful in their demonstration. Council Members/Commissioners Kelley and McCammack answered in the affirmative. Council Member/Commissioner Kelley amended his original motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; that the Mayor and Common Council grant the appeal and allow the San Gorgonio High School Tennis Team the opportunity to demonstrate their non-profit status; and that the $75 appeal fee be refunded. The motion carried unanimously. 19. Appeal Hearing - Appeal of the Bureau of Franchises' denial of a Petition for Franchise Permit for Express Transportation dba AA Inland Empire Cab to operate two (2) taxicabs in the City of San Bernardino Mayor/Chairman Morris opened the hearing. Cindy Buechter, Business Registration Manager, reviewed highlights of the staff report . City Attorney Penman advised that whatever the outcome was on this matter it would have to be continued in order for fmdings to be made in support of the Council's decision. Council Member/Commissioner Estrada asked if the basic premise was that the City should only have "x" number of taxicabs. 10 05/18/2009 Ms. Buechter stated that the premise was the public convenience for additional taxi service in the City. Council Member/Commissioner Estrada asked what specific requirements the applicant had to prove. City Attorney PennJan stated that Section 5.76.060 (B) of the Municipal Code states: "Not more than one taxicab, excluding dial-a-ride taxicabs, shall be permitted for each two thousand five hundred residents of the City, or major portion thereof." He stated that the maximum number of vehicles is 82, and currently there are 80 vehicles, which meant that two additional taxicabs could operate in the City. Council Member/Commissioner Estrada asked if the application was denied because the applicant could not provide the additional two cabs. Ms. Buechter stated that the applicant was denied because the Bureau believed they did not demonstrate the public convenience and necessity. Council Member/Commissioner Estrada asked how the applicant had to prove the public convenience and necessity. Ms. Buechter stated that that is determined by the members of the Bureau. Council Member/Commissioner Estrada asked what were the Bureau's objections. Sr. Deputy City Attorney Ernpefio stated that Section 5.76.050 of the City's Municipal Code discusses what constitutes public convenience and necessity and the language, although broad, has been interpreted by court cases as giving a lot of discretion and latitude to the legislative body. The ordinance states: "The Bureau, in determining whether or not such facts exist, shall take into consideration the public demand for such service, the adequacy or inadequacy of service being rendered by other carriers, the effect of such service upon traffic, the financial responsibility of the applicant, the amount of wages to be paid to employees, the character of equipment proposed to be furnished, and any and all other facts which the Bureau may deem relevant. " Mr. Empefio stated that there is a maximum limit of 82 cabs, but to decide whether those two additional vehicles should be granted to this applicant, not granted at all to any carrier, or granted to the existing franchise holder, Bell & Yellow Cab, is within the discretion of the Council. 11 05/18/2009 Pursuant to Resolution No. 2000-279, Deputy City Clerk Buechter administered an oath to the following individuals that they would provide true and honest testimony: Larry Quiel, representative for the Chamber of Commerce, stated that he is embarrassed by the condition of the taxicabs and the fact that they run late. He stated that competition would be good for the City. He recommended that the Council consider changing the existing ordinance to allow as many cabs as are needed to operate in the City. Terri Berger, General Manager of AA Inland Empire Cab Co., spoke regarding rnonopolies in taxicab companies, stating that it's usually the consumer that ends up getting short-changed by getting charged higher rates and having longer wait times. Tammy Brooks Wafford stated that she doesn't see many cabs, but the few she has seen are dirty and they don't run on time, and the drivers are rude. William Hunter stated that he is appalled by the taxi service in the City and he felt competition would improve service, prices, and the quality of the cabs. Terrell Brooks stated that he rarely sees any cabs in the City of San Bernardino and felt that competition would provide better customer service. Paul Waller stated that he would like to see better service because taxicabs in the City are always late. Michael Baptiste, taxicab driver for AA Inland Empire Cab Co., stated that the cabs are always late and he did not understand how one company could be allowed to monopolize taxi service in the City of San Bernardino. He added that most cab drivers dress inappropriately. Kevin Colgan stated that he is currently a taxicab driver for AA Inland Empire Cab Co., but prior to that he had been a taxicab driver for Bell & Yellow Cab for 30 years. He stated that he has seen drivers for Bell & Yellow refuse to take calls because they were in bad neighborhoods or because they would only make $6-8. Bill Lemann, Attorney for Bell & Yellow Cab Co., stated that Bell & Yellow has 45 licenses in Riverside and 70 licensed drivers in the City of San Bernardino. He stated that the company installed a state-of-the-art computerized system that provides a history of every phone call that's been made in the last 15 years and that report shows that 88 percent of all phone calls are responded to within 15 minutes, and 95 percent are responded to within 20 minutes. He stated that for 12 05118/2009 15 years he has been attending the meetings of the Bureau of Franchises and not once during that time has there been a complaint against Bell & Yellow, and no complaints have been made to the City Clerk's office. Mr. Lemann stated that taxi service is very good in the City of San Bernardino, but he felt that adding two cabs would cause problems in terms of monitoring what goes on and identifying quality of service. He stated that the reality is that in the taxicab business in the City of San Bernardino, having one company headquartered here and one company to identify quality of service, is more efficient. Mr. Shawel stated that since 1999 AA Inland Empire Cab has had a computerized dispatch system that is fully integrated with GPS. He stated that they are a franchise holder in the City of Riverside and plan to offer the same services in the City of San Bernardino. Chris Christman, President of Bell & Yellow Cab Co., spoke regarding competition in the taxi industry. He stated that in 2007-2008 the business market for taxicab travel decreased by 40 percent due to the high cost of fuel. He stated that at one point in time he had 17 cars parked because people couldn't afford the gas. Mr. Christman stated that every driver is an independent businessman or businesswoman and because of that they compete with each other to provide the best service. He stated that there are 50-60 drivers out there competing for the same dollar, and service is the only thing they have to sell. Mr. Christman stated that they are upgrading their fleet to natural gas cars and they will be going into service in about two weeks. He stated that ten percent of their fleet is cornprised of wheelchair handicapped vehicles and they make over 1,000 trips per month for the handicapped. He stated that if two permits are granted to the applicant it will open up a floodgate because there will be no control over which two cars actually have a permit. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the Mayor and Common Council uphold the Bureau of Franchises' denial of a Petition for Franchise Permit for Express Transportation dba AA Inland Empire Cab, to operate two (2) taxicabs in the City of San Bernardino; and that the matter be continued to June 1, 2009, for adoption of findings. No vote was taken. Council Member Commissioner Estrada asked how the City monitors the activities of the cab company. Ms. Buechter stated that everything is funneled to the Bureau of Franchises per the Municipal Code, so the City Clerk's office would receive any complaints 13 05/18/2009 which would then be brought forward to the Bureau of Franchises. She stated that the Bureau at any time has the authority or can ask the existing service provider to bring in any kind of reports or to look at their time responses. The taxi ordinance is extremely old and the Bureau has looked at that ordinance and has gone through it section by section and has made recommendations for some revisions; however, that was never brought forward to the Council. She stated that there are provisions in the ordinance that the cabs are to be inspected, but it was her understanding that that job classification no longer existed. City Attorney Penman stated that Section 5.76.580 of the Municipal Code regarding enforcernent states: ".. .the Chief of Police, who is charged with the duty of enforcement of all provisions of this and other ordinances pertaining to the operation of vehicles for hire." Mr. Penman also cited Section 5.76.330, which states: "Such vehicles shall at all times be kept in a clean and sanitary condition and in a good state of repair, and shall be subject to inspection at all times by the Bureau, or its representative. Any vehicle which becomes unsafe, unclean, or unserviceable, or mechanically defective may be retired from service upon order of the Bureau, and no vehicle which has been so retired shall be again operated in such service except with approval of the Bureau." Mayor/Chairman Morris asked why the revised ordinance was not brought forward to one of the Council committees for review. Ms. Buechter stated that the recommendation was to bring it forth to the Legislative Review Committee because she believed there were still some questions that the Bureau Members had regarding the proper language and they needed guidance, but she was not sure where it died in the process. Council Member/Commissioner Estrada stated that her concern was that there was no real monitoring of taxi services in the City, and she felt that the ordinance should go forward to the LRC for review. Council Member/Commissioner Brinker stated that cab companies have the technology that allows them to see where their cabs are within the City and he didn't know why that information could not be put on the internet so everyone would be able to see where the cabs are and the consumer could then make the decision as to who was going to provide service to them. Council Member/Commissioner Shorett stated that he was not sure that the people who use cabs would even know where they should take their complaints. He stated that he didn't think he would have known to complain to the City Clerk's office or to the Bureau of Franchises if he had a problem with cab service. 14 05/1812009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; that the Mayor and Common Council grant the appeal for a Petition for Franchise Permit for Express Transportation dba AA lnland Empire Cab to operate two (2) taxicabs in the City of San Bernardino; and that the matter be continued to June 1,2009, for adoption of findings. City Clerk Clark stated that if the Council wanted this item to go back to the LRC for review of the ordinance, she suggested that they also consider the possibility of transferring the duties of the Bureau of Franchises to the Police Commission because of issues they have had with appointing members to the Bureau and obtaining a quorum to discuss matters, many of which come under the purview of the Police Department. Council Member/Commissioner Baxter amended his original motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; that the Mayor and Common Council grant the appeal for a Petition for Franchise Permit for Express Transportation dba AA Inland Empire Cab to operate two (2) taxicabs in the City of San Bernardino; that the matter be continued to June 1, 2009, for adoption of findings; and that the matter be referred to the Legislative Review Committee for possible review of the taxicab ordinance and perhaps transferring the duties of the Bureau of Franchises to the Police Commission. The motion carried with Brinker and Kelley voting "no". 20. Public Hearing - Resolutions establishing certain fees for services furnished by the City of San Bernardino; an ordinance clarifying the City's authority to charge for certain fees; and draft ordinances to be referred to the Legislative Review Committee. (Continued from May 4,2009) RES. 2009-122 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, and superseding all prior fee resolutions. (20A) RES. 2009-123 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing the schedule of penalties for parking violations set forth in the City of San Bernardino Municipal Code and the California Vehicle Code, and superseding Resolution 2008-315. (20B) 15 05/18/2009 An Ordinance of the City of San Bernardino amending Sections 8.27.100, 8.30.130, 8.36.070, 12.64.020, and 15.28.150 of the San Bernardino Municipal Code and adding Sections 12.80.055 and 12.80.100(C) through (F) thereto to incorporate into the Municipal Code language contained in the Master Fee Resolution, to clarify the process for obtaining a permit to consume alcoholic beverages in a park, and to authorize fees relative to processing of information concerning liens. FIRST READING (20C) An Ordinance of the Mayor and Common Council of the City of San Bernardino, California adding Chapter 16.18 of the San Bernardino Municipal Code regarding unauthorized signs on public property. FIRST READING (20D) Note: Ordinance No. 20D was not distributed with the backup material. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing and replacing Chapter 5.68 of the San Bernardino Municipal Code regarding yard sales. FIRST READING (20E) Note: Ordinance No. 20E was not distributed with the backup material. The hearing remained open. Jay Lindberg stated that some of the proposed fee increases were outrageous and flat out unreasonable. Council Member/Commissioner Estrada made a motion, seconded by Council Mernber/Commissioner Baxter, that the hearing be closed; that said Resolutions A and B, be adopted, as amended deleting Part III, Section 7 of Resolution A regarding Animal Control; that said ordinance C. be laid over for final adoption; and that said draft ordinances D and E, be referred to the Legislative Review Committee for further discussion and review. The motion carried and Resolution Nos. 2009-122 and 2009-123 were adopted with Kelley and McCammack voting "no". 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Los Angeles SMSA Limited Partnership, dba Verizon Wireless for the lease of nine hundred eighty seven (987) square feet of City owned property at Fire Station No. 228 located at 3398 Highland A venue for a cellular tower disguised as a functional fire hose rack (APN 0285-191-05). (Continued from May 4, 2009) 16 05/18/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of June 1, 2009. The motion carried unanimously with McCammack absent. 22. Resolution of the City of San Bernardino approving License Agreement No. 09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for maintenance of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th Street (BR#54COO66). (Continued from May 4,2009) Note: No resolution was distributed with the backup material. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of June 1, 2009. The motion carried unanimously with McCammack absent. 23. Resolution of the City of San Bernardino authorizing the execution of Pipeline License Agreements with the BNSF Railway Company for sewer relocation work to be performed by the City at Spruce Street and at 10" Street, relative to the 1-215 widening. (Continued from May 4,2(09) Note: No resolution was distributed with the backup material. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of June 1, 2009. The motion carried unanimously with McCammack absent. 24. Discussion of Possible Grant Opportunities Council Member/Commissioner McCammack stated that she brought this item forward in order to discuss grants that the City is able to apply for that either they have not yet applied for or for some reason the City made the decision not to apply for them. She stated that there is a grant called Staffing for Adequate Fire and Emergency Response (SAFER), which is not to be used for equipment. or to build infrastructure, but was actually to be used to fund firefighters; however, the deadline for this grant was May 20, 2009, and she was going to ask the Council to take action. Council Member/Commissioner McCammack stated that several cities applied for this grant and were awarded funds including the County of San Bernardino, which was awarded $532,000 on April 4, 2009. She stated that this particular grant could be used to enllance staffing and should provide all the frontline, first 17 05118/2009 due apparatus of SAFER grantees and they have a minimum of four trained personnel to meet the OSHA Standard of two men in and two men out. Ultimately, a faster, safer and more efficient incident scene will be established and communities will have more adequate protection from fire and fire related hazards. The Federal share of salaries and associated benefits is limited to $105,000 per position over the course of the performance period. There is no funding limit for any application, or any limit to the number of positions eligible for funding per application. Fire Chief Conrad stated that Deputy Chief Fratus had been working on this quite a bit and discovered that what is coming due on Wednesday is the Assistance Firefighter Grant which they have applied for in the sum of $351,000 to replace breathing apparatus, but that grant cannot be used for staffmg. He stated that he has been in contact with Washington regarding the SAFER Grant which will open up in the summer for this next application period, at which time they will certainly go to the Grants Committee to determine whether it is appropriate. Chief Conrad stated that there are very few grants out there that actually pay staffing and the SAFER Grant contains a lot of conditions. He stated that the money they give you is for five years, so that $100,000 is spread out over five years and you also have to commit to having that staffing for that full period of time. He stated that the City should think this through very carefully, but it is something they would certainly consider. He stated that they did apply for it in 200612007 and in 2007/2008, but they did not receive it either of those years because it is a very competitive grant. He stated that they look more to the smaller rural fire departments and, in fact, only 17 percent of the awards they made last year went to City fire departments with full-time staffmg because they are trying to augment staffing in a lot of the less wealthy fire departments. Fire Chief Conrad stated that the Fire Department received a grant for $484,000 that will allow them to put exhaust systems in all fire stations and complete the purchase of fire shelters, and they have another grant in the amount of $321,000 that will pay for defibrillators, generators, etc. He stated that they are very aggressive in applying for grants and they have applied for everything they can find, and now they are hearing about some new opportunities with the stimulus package, but they have not seen any of them come along yet, but they will certainly get in line with everybody else. Chief Conrad stated that in previous years the SAFER Grant would only fund newly created positions and it made no sense to apply for a grant that would only cover 10-15 percent of the cost and required the creation of several new positions. He stated that it was his understanding that this year the grant would allow them to fund positions that have been eliminated due to lay offs or other reasons. 18 05/18/2009 Chief Conrad stated that the fire service has not historically received a lot of grant rnonies compared to law enforcement, but they have increased the grant monies available for building fire stations to $210 million nationally, and they will certainly compete for that grant also, but it is a long shot. Lori Sassoon, Acting City Manager, stated that the City Manager's office subscribes to Grants.gov and the City's Federal lobbyists also forward those grant opportunities; and as those deadlines come due they will be forwarded to the Grants Committee. C. Patience Summers stated that she supports local law enforcement and the firefighters; however, she was very disappointed to see that the Fire Chief was not scrounging for every penny of grant money they could get. Council Member/Commissioner Johnson stated that Council Member/ Commissioner McCammack had to leave because she was going to Sacramento; however, before she left she asked him to refer the matter to the Grants Committee so that they could look at how they wanted to address the stimulus funding action. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the matter be referred to the Grants Committee. The motion carried unanimously with McCammack absent. 25. RES. 2009-124 - A resolution of the Mayor and Common Council of the City of San Bernardino fmding a severe f1SC8l hardship will exist if additional local property tax funds are seized and additional unfunded mandates are adopted by the State of California. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-124 was adopted unanimously with McCammack absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Kelley, Johnson; City Attorney Penman, Acting City Manager Sassoon, City Clerk Clark. Absent: Council Member/Commissioner McCarnmack. 19 05/18/2009 R26. RES. CDC/2009-20 - 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 execute Amendment No. 1 to the 2008 Disposition and Development Agreement by and between the Agency and Maya Cinemas North America, Inc., (Central City North Redevelopment Project Area). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2oo9-20 was adopted unanimously with McCammack absent. R27. RES. CDC/2009-21 - 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 a Demolition Contract by and between the Agency and J & G Industries, Inc., for the demolition of Agency properties located at 2656, 2695, and 2639 West ~ Street, San Bernardino (~ Street and Meridian Avenue Project). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2oo9-21 was adopted unanimously with McCammack absent. PLANNING 28. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Continued from April 20, 2009) The hearing was closed at the Council/Commission meeting of April 6, 2009. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council! Commission meeting of June 1, 2009. The motion carried unanimously with McCammack absent. 20 05/18/2009 29. Public Comments Jay Lindberg suggested that the City get a bid from San Bernardino County to subcontract out the Fire Department. He spoke about the solar energy industry in the Inland Empire. Betty Jean Long gave the City Council two weeks to answer her question as to what happened to the $20,000 that she claimed belonged to her. She announced that she was going to run for Mayor of the City of San Bernardino. C. Patience Summers spoke regarding the Operation Phoenix molestation case and requested copies of all fmancial records including any charities associated with Operation Phoenix, and Mayor Morris' personal taxes. 30. Adjournment At 7:32 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for Monday, June 1, 2009. RACHEL G. CLARK City Clerk BY~A-'~ ./ Linda Sutherland Deputy City Clerk 21 05/18/2009 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Counell Member<: Esther Estrada Dennis J. Baxter Tobin Brinker Fred Shorett ehas Kelley Ri/l:Jw Van Johnson Wendy McCammtu:k ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 1, 2009 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 1:36 p.m., Monday, June 1, 2009, 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, Shorett, Kelley, Johnson, McCammack; City Attorney Penman, City Manager McNeely, City Clerk Clark. Absent: None. Council Member/Commissioner Kelley Excused At 9:03 p.m. Council Member/Commissioner Kelley left the Council/Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Yvonne Barnes, et al. v. City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVSS 807102; 1 06/01/2009 Edward Kinjt and Aja Jaejter v. City of San Bernardino, Officer Adam Affronti, Officer Elizabeth Contreras - United States District Court, Case No. CV 09-01339; Walker, Jennifer v. City, et al. - San Bernardino County Superior Court, Case No. CIVSS 806544; Belinski, Paul v. City, et al. - U.S. District Court, Case No. CV08- 8571; Walker, Robert v. City, et al. - San Bernardino County Superior Court, Case No. CIVSS 814767; Daves, Edward, et al. v. City, et al. - San Bernardino County Superior Court, Case No. CIVSS 815804; Vinson, Demariae v. City, et al. - San Bernardino County Superior Court, Case No. CIVSS 818649. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Claim of Sochilt Maninez Claim of Travis Walker Claim of Steve Lowes 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. 2 06/01/2009 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: Negotiating Parties: Under Negotiation: 2. Property Address: Negotiating Parties: Under Negotiation: 3. Property Address: Negotiating Parties: Under Negotiation: 4. Property Address: South Stoddard Street, San Bernardino (Land Only) APN: 0136~32-23 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Purchase price, terms and conditions. 1348 West Union Street, San Bernardino (Land Only) APN: 0139-231-34 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Purchase price, terms and conditions. 1256 North Wall Street, San Bernardino (Land Only) APN: 0146-241-07 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Purchase price, terms and conditions. 2355 North Ramona Street, San Bernardino (Land Only) APN: 0148-173-07 3 06/01/2009 Negotiating Parties: Under Negotiation: 5. Property Address: Negotiating Parties: Under Negotiation: 6. Property Address: Negotiating Parties: Under Negotiation: 7. Property Address: Negotiating Parties: Under Negotiation: Ernil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Purchase price, terms and conditions. 842 East Highland A venue, San Bernardino (Store Building) APN: 0150-321-14 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Purchase price, terms and conditions. 686 East Santa Fe Street, San Bernardino (Land Only) APN: 0280-062-07 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Purchase price, terrns and conditions. 904 South Foisy Street, San Bernardino (Land Only) APN: 0280-131-23 Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Purchase price, terms and conditions. 4 06/01/2009 8. Property Address: 2351 South Artesia Street, San Bernardino (Quonset Hut Building) APN: 0283-041-23 Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Dick Larsen, Treasurer-Tax Collector of the County of San Bernardino Under Ne~otiation: Purchase price, terms and conditions. City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item IB, significant exposure to litigation: Agenda Item #23; Under Agenda Item ID, personnel: Brief reports on seven disability retirements-one Fire and six Police. 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 A moment of silence was observed in memory of Gertrude Odell, Thomas Scharf, John Merryman, Dr. Juanita Scott, and Harry Jacks. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo. The pledge of allegiance was led by Ellis Wysinger, a 5th grade student from Barton Elementary School. Swearing-In Ceremony A swearing-in ceremony was held for newly-appointed City Manager Charles McNeely and Police Chief Keith Kilmer, followed by a reception. 2. Appointments There were no commission appointments. 5 06/01/2009 3. Proclamations & Presentations The following students, selected as this year's ambassadors to our sister city of Tachikawa, Japan, were presented Ambassador of Goodwill certificates: . Jennifer Avila, Packinghouse Christian Academy . Kathryn Harnitchek, Cajon High School . Alexandria Schmidt, Cajon High School . Mitchell Winter, San Gorgonio High School Mayor Morris presented a Certificate of Recognition to Moharnad Younes, representing Inland Communities and their partners, on the development of the University Hills Specific Plan. Jim Smith, Chairman of the Community Engagement Subcommittee, provided an update on the progress being made by the Bicentennial Ad Hoc Committee. Mayor Morris presented a proclamation to representatives from the U.S. Census Bureau-Partnership Specialists Armando Mena and Amos Young-and Phil Savage, appointed by the Mayor to head the Community Count Committee. They stressed the importance of obtaining the most accurate count possible, stating that there will be over 2,000 individuals engaged in this endeavor. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unan;monsly. 6. Council Minutes Council Mernber/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the rninutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: April 20,2009; May 4, 2009. The motion carried unanimously. 6 06/0 1/2009 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 18, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated May 27, 2009, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried unanimously. 9. RES. 2009-125 - Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the annual Statement of Investment Policy for the period July 1, 2009 through June 30, 2010. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-125 was adopted unanimously. 10. ORD. MC-1306 - An Ordinance of the City of San Bernardino amending Chapter 15.37 of the San Bernardino Municipal Code related to the Historic Building Demolition Ordinance. FINAL READING (Continued from May 18, 2009) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1306 was adopted uuanimously. 11. RES. 2009-126 - 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 a no parking except by permit at any time zone on Ash Street between Northpark Boulevard and seven hundred feet west of Live Oak Street and on Live Oak Street between Ash Street and Sycamore Street. 7 06/01/2009 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-126 was adopted unanimously. 12. Item deleted 13. RES. 2009-127 - Resolution of the City of San Bernardino authorizing the acceptance of park improvements for Chancellor's Park, located at the northeast corner of Kendall Drive and Campus Parkway; Collegiate Park, located at the southwest corner of Campus Parkway and Northpark Boulevard, and a portion of Freddie Spellacy Park, located westerly of Northpark Boulevard, southerly of Ash Street and also accepting fee title to said Freddie Spellacy Park from, and granting a revocable temporary construction easement to, University Park, LLC. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-127 was adopted unanimously. 14. RES. 2009-128 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Finance Director to increase Purchase Order No. 209136 to Inland Overhead Door Company for overhead door maintenance. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-128 was adopted uuanimously. 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order with three one- year renewal options to Waxie Sanitary Supply for custodial supplies. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of June 15, 2009. The motion carried unanimously. 16. RES. 2009-132 - Resolution of the City of San Bernardino amending Resolution 2008-306, Section 2, Y. Holidays, between the City and Management/Confidential, Fire Safety Management Employees. 8 06/01/2009 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-132 was adopted unanimously. 17. Resolutions of the Mayor and Common Council of the City of San Bernardino authorizing execution of service agreements to implement the City's two-year CalGRIP grant funded program RES. 2009-133 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Services Agreement with San BernardinolRiverside Catholic Charities to implement an evidenced-based strategy to reduce gang and youth gun violence with funding from the City's CalGRIP Grant. (17A) RES. 2009-134 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Services Agreement with the San Bernardino National Forest Association to implement an evidenced- based strategy to reduce gang and youth gnn violence with funding from the City's CalGRIP Grant. (178) RES. 2009-135 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a Services Agreement with the Foundation for the California State University, San Bernardino to provide program evaluation and reporting services with funding from the City's CalGRIP Grant. (17C) Bobby Vega and Sandy Bonilla of the Conservation Corps answered questions and spoke regarding their program, stating that gang reduction is their overriding goal. Council Member/Commissioner McCammack made several inquiries regarding the program, stating that one of her main concerns was the need for more insurance. City Manager McNeely stated that he would work with Ms. McCammack to look into this. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions A-C, be adopted. Resolution Nos. 2009-133, 2009-134, and 2009-135 were adopted unanimously. 9 06/01/2009 18. RES. 2009-129 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the agreement and an increase to Purchase Order Number 209289 by an additional $75,000 to Jimni Systems, Incorporated for the purchase of additional lift station maintenance and repair services. Council Member/Commissioner Johnson 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 $75,000 from Account No. 132-431-5704 (Miscellaneous Equipment) into Account No. 132-431-5505 (Other Professional Services); and that said resolution be adopted. The motion carried and Resolution No. 2009-129 was adopted unanimously. 19. RES. 2009-130 - 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 $56,900 to All American Truck & Auto Body in order to repair refuse unit 07176. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2008/09 adopted budget and transfer $56,900 from Account No. 527-415-5505 (Other Professional Services) into Account No. 527-413-5172 (Equipment Maintenance); and that said resolution be adopted. The motion carried and Resolution No. 2009-130 was adopted unanimously. 20. RES. 2009-131 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the City of San Bernardino's 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 said resolution be adopted. Resolution No. 2009-131 was adopted unanimously. 21. RES. 2009-136 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 4 to Contract 07-481 A-4 with the County of San Bernardino Department of Aging and Adult Services (DAAS), accepting the proposal amount of $177,773 for the period of July 1, 2009 through June 30, 2010 for the Senior Nutrition Program. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-136 was adopted unanimously. 10 06/01/2009 22. Resolution of the City of San Bernardino amending Resolution 2009-122 establishing certain fees for services furnished by the City of San Bernardino, setting a reduced Fireworks Regulatory Fee of 5%. Jim Smith, a member of the Native Sons of the Golden West, expressed support for the resolution. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. (No vote was taken.) Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Shorett, that the Fireworks Regulatory Fee remain at ten percent (10%). with five percent (5%) to be paid by the nonprofits and five percent (5 %) to be billed to the fireworks companies. (No vote was taken.) Council Member/Commissioner McCammack amended her substitute motion, seconded by Council Member/Commissioner Shorett, that the Fireworks Regulatory Fee remain at ten percent (10%), with five percent (5%) to be paid by the nonprofits and five percent (5 %) to be billed to the fireworks companies; that an ordinance to ensure compliance be prepared and brought back to the Council; and that funding for enforcement be restored as possible. The motion carried with Baxter and Johnson voting "no." Subsequently, City Attorney Penman advised that when he called Senior Deputy City Attorney Grider and asked her to prepare the ordinance, she said that it would be her intention, after listening to the discussion at the Council table, to put a provision in the ordinance that would enable the City to impose the Administrative Civil Penalties (ACPs) on the fireworks companies if they do not pay the 5 percent-$I,OOO per booth per day-and making it an infraction or misdemeanor not to do that. 23. Appeal Hearing - Appeal of the Bureau of Franchises' denial of a Petition for Franchise Permit for Express Transportation, dba AA Inland Empire Cab to operate two (2) taxicabs in the City of San Bernardino (Continued from May 18,2(09) RES. 2009-137 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting Findings of Fact and Conclusions of Law in support of the Council's decision to grant the appeal for a Petition for a Franchise Permit for Express Transportation Systems dba AA Inland Empire Cab Company to operate two (2) taxicabs in the City of San Bernardino. 11 06/01/2009 The hearing was ciosedat the Council/Commission meeting of May 18, 2009. Bill Lemann, attorney for Yellow/Bell Cab Company, stated that granting two permits to another company will create a situation that cannot be regulated and will create more confusion and controversy. He stated that Yellow/Bell took a look at the Argyle address mentioned at the last meeting, and for many months during the past year Yellow/Bell was 100 percent in terms of getting there within ten minutes or sooner; and it concerned them that they had never received these complaints before. He added that he and his clients did not think this would be in the best interest of the city. Mr. Lemann stated that he thought it would be appropriate for the Council to send the matter back to the Franchise Bureau with specific queries about convenience and necessity, and let those issues be addressed before the Bureau members. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. (The vote was taken following discussion.) Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner Brinker, to send the matter back to the Bureau of Franchises to address the issue of convenience and necessity. City Attorney Penman advised that if the Council was not going to adopt the Findings of Fact, then they needed to rescind their previous decision from the last meeting. Discussion ensued regarding enforcement issues, concerns with the governing ordinance, the idea of combining the Bureau of Franchises with the Police Commission, and a possible trial period for operation of the two taxicabs rather than full endorsement at this time. The substitute motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Brinker, to send the matter back to the Bureau of Franchises failed by the following vote: Ayes: Brinker, Kelley, McCammack. Nays: Estrada, Baxter, Shorett, Johnson. Absent: None. The motion made by Council Member/Commissioner Baxter, seconded by Council Member/Commissioner Shorett, that said resolution be adopted, carried, and Resolution No. 2009-137 was adopted by the following vote: Ayes: Estrada, Baxter, Shorett, Johnson. Nays: Brinker, Kelley. Abstentions: McCammack. Absent: None. 12 06/01/2009 24. ORD. MC-1307 - An Ordinance of the City of San Bernardino amending Sections 8.27.100, 8.30.130, 8.36.070, 12.64.020, and 15.28.150 of the San Bernardino Municipal Code and adding Sections 12.80.055 and 12.80.100(C) through (F) thereto to incorporate into the Municipal Code Iangnage contained in the Master Fee Resolution, to clarify the process for obtaining a permit to consume alcoholic beverages in a park, and to authorize fees relative to processing of information concerning liens. FINAL READING (Continued from May 18, 2009) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. (The motion was subsequently amended.) Council Member/Commissioner McCammack stated that she wanted the fee resolution changed-that she wanted #39 relative to fix-it tickets removed from the fee resolution. City Attorney Penman advised that that was a separate issue from adopting the ordinance today-that the resolution would have to be brought back to the Council at a later meeting to be amended. Council Member/Commissioner Baxter amended his motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted; and that the fee resolution be brought back with elimination of Item #39. The motion carried and Ordinance No. MC-1307 was adopted by the following vote: Ayes: Estrada, Baxter, Brinker, Johnson. Nays: Shorett, Kelley, McCammack. Absent: None. 25. RES. 2009-138 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Los Angeles SMSA Limited Partnership, dba Venzon Wireless for the lease of nine hundred eighty seven (987) square feet of City owned property at Fire Station No. 228 located at 3398 Highland A venue for a cellular tower disguised as a functional fire hose rack (APN 0285-191-05). (Continued from May 18, 2009.) It was noted that several cell towers have been placed in various City parks, and several of the Council members expressed concern as to whether the revenue from these towers is actually being used for each specific park as the Council had intended and directed it to be. The Council asked City Manager McNeely to bring back a report on how the cell tower monies are being allocated. 13 06/01/2009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the Director of Finance be authorized to amend the 2008/09 adopted budget by increasing revenue Account No. 001-000-4523 by $6,100 and General Government expenditure Account No. 001-182-5505 by $1,000. The motion carried and Resolution No. 2009-138 was adopted unanimously. 26. Resolution of the City of San Bernardino approving License Agreement No. 09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for maintenance of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th Street (BR#54COO66). (Continued from May 18,2009.) Note: No resolution was distributed with the backup materials. Staff requested that this matter be continued to the next meeting. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of June 15, 2009. The motion carried unanimously. 27. RES. 2009-139 - Resolution of the City of San Bernardino authorizing the execution of Pipeline License Agreements with the BNSF Railway Company for sewer relocation work to be performed by the City at Spruce Street and at 10th Street, relative to the 1-215 widening. (Continued from May 18, 2009. ) Note: No resolution was distributed with the backup materials. City Attorney Penman advised that there were some legal issues that his staff needed to identify for the Council. He stated that normally he would not have signed off on this item; however, this is a project that needs to be moved ahead for public safety purposes. Deputy City Attorney Empeiio stated that he had identified some issues with the agreements. First, he noted that the BNSF did agree to make a revision to Section 34, Applicable Law. Previously, Section 34 applied Texas law to the interpretation of this agreement and staff convinced them to change that to the application of California law. The other sections they had concerns about were the Indemnification, Section 19, which is overly restrictive and burdensome on the City, requiring the City to indemnify, defend and hold harmless BNSF except when BNSF is grossly negligent or there is willful misconduct; and Section 19B governs hazardous materials and substances, and contamination; and it requires the City basically to indenmify and defend them even if the City 14 06/01/2009 isn't at fault for that kind of contamination. Also, in Section 6, the Term of the Agreement is for 25 years. Mr. Empeiio pointed out that this is a sewer pipeline that the City is putting in, and staff would like to have a perpetual easement into perpetuity. Unfortunately, there isn't enough time between now and when the construction needs to start to get BNSF to agree to an easement. He added that staff is hoping they can convince BNSF, within the weeks and months after approvals, to grant a permanent easement. Mr. Penman reiterated that these are serious issues; however, it would take several months of negotiation to address them, and there is a public health issue with this project. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-139 was adopted unanimously. 28. RES. 2009-140 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a side letter to Resolution 2006-66 for full- time, fIre safety employees, amending the current langnage in Article III, Compensation: Section 1, Salaries, Subsection (A); Article IV, Fringe Benefits: Section 1, Health/Related Insurance, Subsection (C); Article IV, Fringe Benefits: Section 4, Deferred Compensation; Article IV, Fringe Benefits: Section 7, Vacation and Holiday Sell-Back; Article IV, Fringe Benefits: Section 8, Welfare Benefit Trust; Article V, Leave Provisions: Section 1, Vacation, Subsection (E); adding Article IV, Fringe Benefits: Section 9, Post Employment Health Plan Programs; Article V, Leave Provisions: Section 7, Budget Concession Leave; and Article VII, General Provisions, Section 2, Term. (Continued from May 18, 2009.) Jay Lindberg stated that if the Council members who own businesses were running the Fire Department the way they run their own businesses, they would probably look at the costs a little bit closer. He stated that he talked to Cal Fire and found that they use three-man crews in the off-fire season and four-man crews during fire season; and their pay scale is approximately 25 percent less than the City's pay scale for its firefighters. Council Member/Commissioner Brinker informed Mr. Lindberg that the pay scales for both fire and police are set by the Charter, so it is not something the Council can control. City Attorney Penman advised that this agreement does extend the term of the agreement for one year. 15 06/01/2009 Council Member/Commissioner McCammack pointed out that unless the Charter is changed as to who provides the fire service, the City cannot ask outside agencies to bid it, because the voters have determined that they want the City to run its own fire service. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-140 was adopted unanimously. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Wilson, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Clerk Clark. Absent: None. R29. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by Omnitrans (Continued from April 6, 2009.) Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the Interim City Manager to execute a Master Cooperative Agreement by and between the City and Omnitrans (sbX Bus Rapid Transit Project). (R29A) 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 to execute a Master Cooperative Agreement by and between the Agency and Omnitrans (sbX Bus Rapid Transit Project). (R29B) Note: Resolution R29A was not distributed with the backup materials. Council Member/Commissioner McCammack stated she would abstain because Onmitrans is one of her business clients. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. The motion carried with McCammack abstaining. 16 06/01/2009 R30. Monique Fell - Establishment of a temporary employment position for an Economic Development Assistant (Continued from May 4, 2009.) RES. CDC/2009-22 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving a temporary employment arrangement with Monique Fell to provide economic development services on behalf of the Redevelopment Agency of the City of San Bernardino. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2009-22 was adopted with Shorett voting "no." R31. Public Hearing - American Recovery and Reinvestment Act ("ARRA") of 2009 Public Hearing and Amendment to Consolidated Plan - Community Development Block Grant-Recovery ("CDBG-R") Funds RES. 2009-141 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting and approving the City Manager of the City of San Bernardino ("City") to submit an application to the Department of Housing and Urban Development ("HUD") for Community Development Block Grant-Recovery ("CDBG-R") Funds. Mayor/Chairman Morris opened the hearing. Emil Marzullo, Interim Executive Director of the Economic Development Agency, provided a detailed overview of the Staff Report and submitted into the record a copy of the City of San Bernardino Community Development Block Grant-R Substantial Amendment. He explained that, basically, under this CDBG-R the City is entitled to $951,548; and staffis proposing two projects unless the Council has others they would like to add. He stated that one project is at Speicher Park-a skateboard project that has essentially been conceptualized with cost estimates, which staff has budgeted at $500,000. The second project is 28 wheelchair ramp improvements, which can be in numerous places within the City, to which they have allocated $451,548. Council Member/Commissioner Estrada asked if the $451,000 was restricted to being used for wheelchair improvements at 28 locations. 17 06/01/2009 Mr. Marzullo answered in the negative, stating that what they have shown is that the City Public Works Division actually has plans ready to go, but has no funding. He clarified that they actually have gas tax money that was allocated, and that gas tax money would actually go back to the General Fund for that equivalent amount. He added that they could, legally, within the confines of this grant, substitute our regular CDBG funds for the gas tax money and still meet both the objectives of the two acts and get some of that money back in the General Fund. Ms. Estrada questioned whether there were other things that could be done that are critically needed and could be shelf ready in a matter of weeks-things like the carpeting at the library-could those projects be put into the mix. Mr. Marzullo indicated that if the projects met the criteria, then they could be done. He stated that in the case of a facility like a library, they have to prove within documentation that it actually meets a majority of low- and moderate- income benefit-and he believed the library would because it is in a low/mod- income area. He suggested that as they better define these project allocations, they can then supplement the application. Once they have secured the $951,000, they could come back and submit an amendment to the application to change the project mix based on what they believe is more relevant at the time. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2009-141 was adopted unanimously. R32. Joint Public Hearing - TELACU Housing - San Bernardino V, Inc., 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement (Central City North Redevelopment Project Area) RES. 2009-142 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of the Redevelopment Agency of the City of San Bernardino's properties located on the northwest corner of "G" and 4th Streets (APNs: 0134-093-019, 20, 43, and portions of 45) to TELACU Housing - San Bernardino V, Inc., for the development of 75-Unit Affordable Senior Citizen Rental Housing (Central City North Redevelopment Project Area). . (R32A) 18 06/01/2009 RES. CDC/2009-23 - Resolution of the Community Development Commiqion 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 2009 Affordable Senior Citizen Rental Housing Low and Moderate Income Housing Funds Grant Disposition and Development Agreement by and between the Agency and TELACU Housing - San Bernardino V, Inc. (Affordable Senior Citizen Rental Housing Development - Central City North Redevelopment Project Area). (R32B) Mayor/Chairman Morris opened the hearing. Council Member/Commissioner Estrada stated that she would appreciate a public breakdown of the money going into this project; and that she did not and would not support this project. Discussion ensued wherein Council Members/Commissioners Estrada and McCammack expressed concerns and questioned the construction of more senior housing in the downtown area, especially on such a prime piece of retail space; the actual price of the project; and the integrity of TELACU. Responding to a question from Council Member/Commissioner Kelley regarding the cost of the project, Mr. Marzullo provided the following information: . The total cost to acquire the original properties (acquisition, relocation, demolition, site preparation) was $4.56 million-and the site covers 1.7 acres. . The appraised value, or cleared site value was $1.2 million ($16 plus per square foot - a good ballpark figure for downtown property at the time). . HUD's original grant allocation was $10,735,700 (developer would received this money to build the project). Interim Executive Director Marzullo explained that, in essence, the City/EDA are providing a subsidized land value and HUD is, in essence, providing free dollars to the developer for the purpose of creating 74 housing units. Mr. Marzullo stated that as the project moved on within the last year, the development impact fees rose in the City. Therefore, the cost went up, resulting in an additional project cost of $1.8 million. So HUD agreed to give an additional $600,000 to make up a portion of the gap if the City would, in essence, eliminate the development impact fees. 19 06/01/2009 Mr. Marzullo stated that he did not think the City should give up development impact fees because those are dollars that go into facilities for the City, but it should be a project cost. So staff suggested that the fees should be paid with 20 % set aside money, because they were approximately the same as the cost of the land. Staff said, we'll sell you the land for the appraised value of $1.2 million, but you'll give us a check back, in essence, for the development impact fees. So they are essentially swapping checks. He stated that bottom line, the project is a $15 million project-when you add up all the dollars, wherever they come from, it's a $15 million project. Interim Executive Director Marzullo stated that he could not find a reason for not doing this project. He stated that when you turn down a project, the Federal Government will go somewhere else to spend their money. He added that staff had attempted to get the location changed and HUD had denied the request. He noted that the City is 960 units short on senior housing. and this project would provide 74 senior housing units. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2009-142 and Community Development Commission Resolution No. CDC/2009-23 were adopted by the following vote: Ayes: Baxter, Brinker, Shorett, Johnson. Nays: Estrada, McCammack. Abstentions: Kelley. R33. RES. CDC/2OO9-24 - Resolution of the Community Development Commission approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the consent to the substitution of CAP VI Plaza, LLC, a California limited liability company, as Co-General Partner and Owner of the Pioneer Park Plaza Development located at 555 North "G" Street, San Bernardino (Central City North Redevelopment Project Area). Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2009-24 was adopted unanimously. R34. RES. CDC/2OO9-25 - Resolution of the Community Development Commission of the City of San Bernardino approving the forgiveness of $30,000 per parcel sales price on three Agency-owned parcels pursuant to the terms of the 2005 Meadowbrook Single Family Residential Development Agreement and its subsequent Amendment Nos. 1, 2 and 3 with Meadowbrook Park Homes, Inc. (lVDA Redevelopment Project Area). 20 06/01/2009 Council Member/Commissioner McCammack stated that this action amounted to throwing money into a black hole-that they are not ouly losing the $30,000 on each of the three parcels, but they are also losing what they gave the developer in concessions to develop this project in the first place. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2009-25 was adopted with McCammack voting "no." R35. Item deleted R36. Item deleted R37. Accept the San Bernardino Downtown Core Vision! Action Plan, and direct Agency Staff to proceed with implementation of the Downtown Core Vision/Action Plan RES. 2009-143 - Resolution ofthe Mayor and Common Council of the City of San Bernardino concurring with the actions taken by the Community Development Commission of the City of San Bernardino regarding acceptance of the San Bernardino Downtown Core Vision/Action Plan. RES. CDC/2009-26 - Resolution of the Community Development Commission of the City of San Bernardino accepting the San Bernardino Downtown Core Vision! Action Plan, and directing Agency Staff to proceed with actions identified in the Implementation Section of the Downtown Core Vision/Action Plan. Vaughn Davies of EDA W advised that they are now entering the implementation phase of the plan and made a PowerPoint presentation regarding final options and recommendations for the Downtown Core Vision/Action Plan. Council Member/Commissioner McCammack stated she would abstain because San Manuel is a business client. She left the Council Chambers and returned after the vote was taken. Warner Hodgdon stated that San Bernardino needs this project and submitted a letter dated Monday, June 1, 2009, addressed to the Mayor, Council and EDA Board, expressing his support. Jay Lindberg stated that the basic problem with the project is that it is based on a failed system design-that there is no real industry. He stated that San Bernardino needs to rebuild its industrial base and this model is not going to work. 21 06/01/2009 Tim Prince stated he had few concerns because most of the plan will be welcomed by the business community and will be a wonderful direction for downtown. He stated that long term San Bernardino is so lucky to have this developable land right downtown, and it is a chance to do something big. He stated that we need to change the image of the community-that many believe it is too unsafe to come to San Bernardino; and the Vision needs to be changed with regard to the government center-that they should take out the government center, as it doesn't create any synergy at night or on the weekends. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council of the City of San Bernardino designate the following elected officials- Councilmember Estrada, Councilmember Brinker and Mayor Morris-who along with staff of the Redevelopment Agency of the City of San Bernardino and City staff, will meet and work with the San Bernardino County Board representatives regarding the San Bernardino Downtown Core Vision/Action Plan and alternative sites and options that can meet the County's space requirements in downtown San Bernardino; and that said resolutions A and B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2009-143 and Community Development Commission Resolution No. CDC/2OO9-26 were adopted with Kelley absent and McCammack abstaining. PLANNING ITEMS 38. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Continued from May 18, 2009.) The hearing was closed at the Council/Commission meeting of April 6, 2009. Staff requested a continuance to the next Council/Commission meeting. Council Member/Commission Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of June 15, 2009. The motion carried with Brinker and Kelley absent. 39. Public Comments Jay Lindberg spoke regarding solar manufacturing in San Bernardino. 22 06/01/2009 40. Adjournment At 9:45 p.m. the meeting adjourned to 12 noon, Thursday, June 4,2009, in the Economic Development Agency Boardroom to consider the Fiscal Year 2009/10 City and Economic Development Agency budgets. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for Monday, June 15, 2009. By: RACHEL G. CLARK ~ty ;erk Linda E. HartzeW Deputy City Clerk 23 06/01/2009 f CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patriek J. Morris CouncU Members: Esther Estrado Dennis J. BOXIer Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCamrruu:k ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JUNE 4, 2009 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET SAN BERNARDINO, CA This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Monday, June 1, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, June 1, 2009, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 4:45 p.m., Tuesday, June 2,2009, on the City Hall breezeway bulletin board. The joint adjourned 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 12:16 p.m., Thursday, June 4, 2009, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. 06/04/2009 ~ Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Kelley, McCammack; Sr. Assistant City Attorney Wilson, City Manager McNeely, City Clerk Clark. Absent: Council Member/Commissioner Johnson. Council Member/Commissioner Johnson arrived at 1:03 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2 06/04/2009 , 2. Budget deliberations - Fiscal Year 2009/10 - discuss and take possible action concerning proposed City and EDA budgets City Budjlet The following document was distributed, and Charles McNeely, City Manager, provided a detailed overview of the information contained therein: . Agenda, Budget Deliberations, June 4, 2009. The following document was distributed, and Barbara Pachon, Director of Finance, provided a detailed overview of the information contained therein: . Fiscal Year 2009/2010 Preliminary Budget: City of San Bernardino, by Charles E. McNeely, City Manager and Barbara Pachon, Director of Finance, June 4,2009 (PowerPoint presentation). EDA BudKet The following documents were distributed by the Economic Development Agency; however, due to time constraints, discussion of the EDA budget would take place at the meeting of June 9,2009. . Economic Development Agency, City of San Bernardino, 2009-10 Fiscal Year Budget, Combined - Summary (blue sheets); · San Bernardino Economic Development Agency, Combined Tax Increment Fund Projections as of May 1,2009 (white sheets); · Economic Development Agency, City of San Bernardino, Cash Flow Analysis, Low and Moderate Income Housing Fund for Fiscal Year 2009-10 as of May 1, 2009 (yellow sheets). 3. Adjournment At 1:54 p.m., the meeting adjourned to 4 p.m., Tuesday, June 9, 2009, in the Economic Development Agency Boardroom to consider the Fiscal Year 2009/10 City and Economic Development Agency budgets. 3 06/04/2009 , The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for Monday, June 15, 2009. RACHEL G. CLARK City Clerk BY~ ~UAfA~ Linda Sutherland Deputy City Clerk 4 06/04/2009 i CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor PoJriek J. Morris CouncU Members: Esther Estrada Dennis J. Baxter Tobin Brinker Fred Shoren CIIIls Kelley Rikke Van Johnson Wendy McCommilck - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JUNE 9, 2009 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET SAN BERNARDINO, CA This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 12 p.m., Thursday, June 4, 2009, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Thursday, June 4,2009, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 3:45 p.m., Thursday, June 4,2009, on the City Hall breezeway bulletin board. The joint adjourned 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 4:18 p.m., Tuesday, June 9, 2009, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. 06/09/2009 Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Shorett, Johnson, McCammack; City Attorney Penman, City Manager McNeely, City Clerk Clark. Absent: Council Members/Commissioners Estrada and Kelley. Council Member/Commissioner Kelley arrived at 5:05 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2 06/09/2009 , 2. Budget deliberations - Fiscal Year 2009/10 - discuss and take possible action concerning proposed City and EDA budgets City Budget The following documents were distributed, and Charles McNeely, City Manager, provided a detailed overview of the information contained therein: . Fiscal Year 2009/2010, City of San Bernardino, Budget Workshop #2 (outline) . . Fiscal Year 2009/2010, City of San Bernardino, Budget Workshop #2, Charles E. McNeely, City Manager, and Barbara Pachon, Director of Finance, June 9,2009 (PowerPoint presentation). EDA Bud2et Russ De Jesus, Interim Administrative Director, Economic Development Agency, provided a detailed overview of the following documents, which were distributed at the June 4,2009, budget workshop: · Economic Development Agency, City of San Bernardino, 2009-10 Fiscal Year Budget, Combined - Summary (blue sheets); · San Bernardino Economic Development Agency, Combined Tax Increment Fund Projections as of May 1,2009 (white sheets); · Economic Development Agency, City of San Bernardino, Cash Flow Analysis, Low and Moderate Income Housing Fund for Fiscal Year 2009-10 as of May 1, 2009 (yellow sheets). The following document was distributed, and Lori Tillery, Project Manager, Economic Development Agency, provided a detailed overview of the information contained therein: · San Bernardino Economic Development Agency, Office of Business Development, Business Recruitment, Business Retention, Business Solutions (PowerPoint presentation). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the Mayor and Common Council approve, in concept, the Business Retention and Expansion Program as presented by Lori Tillery, Project Manager, Economic Development Agency. The motion carried unanimously with Estrada absent. 3 06/09/2009 3. Adjournment At 5:52 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 15,2009. RACHEL G. CLARK City Clerk BY~) M~ / Lindi Sutherland Deputy City Clerk 4 06/09/2009 I 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 Fred Shorea Chas Kelley Rikk.e Van Johnson Wendy McCamnuu:k ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JUNE 16, 2009 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" SREET SAN BERNARDINO, CA This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Monday, June 15, 2009, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The City Clerk has caused to be posted the order of adjournment of said meeting held on Monday, June 15, 2009, and has on file in the office of the City Clerk an affidavit of said posting together with a copy of said order which was posted at 11 a.m., Tuesday, June 16, 2009, on the City Hall breezeway bulletin board. The joint adjourned 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 4:08 p.m., Tuesday, June 16, 2009, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Kelley, Johnson, McCarnmack; City Attorney Penman, City Manager McNeely, City Clerk Clark. None. Absent: 1 06/16/2009 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Allen, Jamora, et al. v. City, et al. - San Bernardino Superior Court Case No. CIVSS 805915; AlIiant Ins. Services, Inc., et al. (City Mum Water Dept. v.) - San Bernardino Superior Court Case No. ClVSS 702820; Alvarez, Jaime, et al. (RDA v.) - San Bernardino Superior Court Case No. SCVSS 86091; Batey, Jane, et al. v. City, et al. - San Bernardino Superior Court Case No. SCVSS 141503; Belinski, Paul v. City, et al. - United States District Court Case No. CV08-8571PSG(MANx); Cora Constructors, Inc. v. City Muni Water Dept. - San Bernardino Superior Court Case No. ClVSS 803484; County of San Bernardino (City v.) - Los Angeles Superior Court Case No.KC49711 "J"; Daves, Edward, et al. v. City, et al. - San Bernardino Superior Court Case No. ClVSS 815804; Desrochers, Michael, Lowes, Steve v. City, et al. - United States District Court Case No. EDCV06-1408 V AP (JCRx); Desrochers, Michael, Lowes, Steve v. City, et al. - San Bernardino Superior Court Case No. CIVSS 708367; Flores, Emelio S., et al. v. City of Hi!!;h1and, et al. - San Bernardino Superior Court Case No. ClVSS 700464; Goldin!!;, Justin Ryan v. City, et al. - San Bernardino Superior Court Case No. ClVSS700791; 2 06/16/2009 / Heams, Kimberlyn v. City, et al. - United States District Court Case No. EDCV03-01434 RT (SGLx); Hearns, Kimberlyn v. City, et al. - United States District Court Case No. CV05-04524 GHK(RZX); Jackson, Dennis, et al. v. City, et al. - San Bernardino Superior Court Case No. CIVSS 800797; King, Edward & Aja Jaeger v. City - United States District Court Case No. CV -09-01339-SJQ(PJWx); Lopez, Jose Luis, Jr., et al. dba The Club (Peo. v.) - San Bernardino Superior Court Case No. SCVSS 134051; Manta Management Corp. (Peo. v.) (#2-Red Light Abatement) San Bernardino Superior Court Case No. SCVSS 117285; Maravilla, Luisa v. Deanna Marie Crosby, et al. - San Bernardino Superior Court Case No. ClVSS 707097; Montez, Rodolfo v. City of SB Muni Water Dept., et al. - San Bernardino Superior Court Case No. ClVSS 701871; Moore, Adrian Eugene v. City, et al. - United States District Court Case No. CVOI-03064 DDP (RZ); Moss, Richard "Scott", et al. v. City, et al. - United States District Court Case No. CV07-01027 SGL(OPx); Osias, Daniel, an ind., et al. (City v.) - San Bernardino Superior Court Case No. SCVSS 140090; Redden, Deryl v. City, et al. - San Bernardino Superior Court Case No. SCVSS 144245; Romero, MillUel, et al. v. City. et al. - San Bernardino Superior Court Case No. ClVSS 703673; San Bernardino City Prof. Firefighters, Local 891 v. City et al. - San Bernardino Superior Court Case No. ClVSS 807685; San Bernardino Police Officers' Assoc.; Richard Lawhead, et al. v. City, et al. - San Bernardino Superior Court Case No. CIVDS 902362; 3 06/16/2009 ~ Soderbloom, Don v. City, et al. - DLSE State Case No. 4962; State of Calif. ex reI. Nora Armenta; City of SB v. James Jones, Co. - Los Angeles Superior Court Case No. BC173487; Vinson, Demariae v. City, et al. - San Bernardino Superior Court Case No. CIVSS 818649; Walker, Robert v. City, et al. - San Bernardino Superior Court Case No. CIVSS 814767; Wang, H. Roger, et al. v. Wal-Mart Real Estate Business Trust, et al. - San Bernardino Superior Court Case No. SCVSS 129158; Watson, Zakyia, et al. v. City, et al. - San Bernardino Superior Court Case No. CIVSS 807970; Weisenberger, Timothy, et al. v. State of Calif., et al. - San Bernardino Superior Court Case No. SCVSS 134901; Zimmon, Garrett-Ind. Disability Ret. Application - OAH#2007080890. 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 of Boom, Brian v. City, et al. Claim of Lowes, Steve v. City Claim of Martinez, Sochildt v. City Claim of Vargas-Quiroz. Miguel, et al. v. SBCUSD; City. et al. Claim of Walker, Travis v. City C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - persounel - pursuant to Government Code Section 54957. 4 06/16/2009 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. Prior to the start of the meeting, City Attorney Penman distributed an Interoffice Memorandum dated June 16, 2009, addressed to the Mayor and Common Council, from James F. Penman, City Attorney, regarding Funding of Agreements for Outside Counsel and Litigation Expenses. Following closed session, City Attorney Penman stated that the only actions taken in closed session would be revisited when the entire budget is reviewed and a vote is taken in open session at that time. 2. Budget deliberations - Fiscal Year 2009/10 - discuss and take possible action concerning proposed City and EDA budgets The following documents were distributed: . June 16,2009 - Budget Workshop Agenda; . City of San Bernardino FY 2009-2010/2013-2014 CIP Draft 06-16-09 Capital Improvement Program (PowerPoint presentation by Robert Eisenbeisz, City Engineer); · FY 2009/2010 - 2013/2014 Capital Improvement Program - Potential Conflicts of Interest (distributed by the City Attorney's office). Council Member/Commissioner Estrada stated that it would be helpful if the Council could have information showing how many of the City's projects have been accomplished cooperatively with other agencies, including dollar amounts; and Mr. Eisenbeisz stated that he could provide that information. Warner Hodgdon expressed concern regarding the proposal to borrow $5 million from the Economic Development Agency (EDA) to balance the City's budget, equating it to the City digging itself into a hole. He stated that he would like to see a lO-year projection in order to know how large the crevice is going to be 12 months from now. He suggested that staff obtain an unqualified 5 06/16/2009 opinion as to whether the Agency can loan this money, pointing out that EDA money is a multiplier and there is synergy in it. City Manager McNeely provided a review of his recommended budget savings actions. He stated that if Council members had questions between now and June 24, to contact him-that staff would be preparing the necessary resolutions and other measures that would be required for the Council's adoption. Council Member/Commissioner Estrada asked Mr. McNeely if he felt he had been briefed enough on the City's financial situation that he could unequivocally make these recommendations. Mr. McNeeley answered that he believed he had enough confidence in the information he has thus far, as well as the staff, to make these recommendations to the Council. He added that his one caveat is that he is coming in as a new city manager and he has a number of questions with respect to long-term. He stated that he presented a number of issues to the Council that are hanging out there that will come due next June; and what he is asking right now is that the Council move forward with getting this budget wrapped up so that they can begin in earnest to sit down and go thtOugh the more major issues that are coming up. Mr. McNeely stated it was not his preference to come in at the outset and suggest a loan of this magnitude from the Economic Development Agency. However, in looking at the numbers and going through the budget, at this juncture he believed this was the best course to take on an interim basis. He stated that there are clearly fundamental changes that need to be made-other analysis and review of the City's finances that he needs to make-and he can't do that in a 2-week, 2-day time frame. Council Member/Commissioner Estrada stated that she thought there were other things that haven't been explored-whether it's the refinancing of City Hall or whatever-but that all potential assets haven't been explored; and this is an enormous hit to the EDA budget. Council Member/Commissioner McCammack requested that between now and June 24 that the City Manager review the document put together by John Wilson, Senior Assistant City Attorney. regarding other assets and reserve funds that can or carmot be borrowed from on a short-term basis. Council Member/Commissioner Brinker suggested that they look into the idea of reducing the number of committees and commissions that we have in the City in order to reduce the amount of staff time devoted to them. 6 06/16/2009 He stated that when he thinks about borrowing, to him there is good borrowing (such as money for a college education - an investment in yourself) and bad borrowing (one-time expenses such as a vacation on a credit card). He stated that using one-time money for ongoing expenses is typically not considered very good borrowing. He stated that he thought the purpose of this borrowing was to buy the City time to improve its financial situation, so he would like to see the following done to show that they are serious about improving the City's financial situation: . include in the City's budget some type of positive plan to support new businesses and a generation of new taxes in the city; . A year in which there are no layoffs or cuts of City employees and an understanding of how that is being accomplished proactively with the employee bargaining units; · More information on what kinds of structural changes they are looking at that will improve efficiency or effectiveness in our City-what areas are they going to focus on; · Proactively preparing for next year's budget; · What is the opportunity cost of borrowing the money from EDA- ultimately, what is the best use of those dollars. Are they better used in the EDA generating new dollars, or is it money that is just going to be sitting there and would be better used to help buy the time needed to get through all the other things the Council has talked about. Mr. Brinker also requested a I-page document listing the full cost of all the City's debt service-how much debt do they already have, what percentage of the budget is the debt service, and can any of it be refinanced. Discussion continued regarding the budget and Mr. McNeely's plan for moving forward with the 2009/2010 budget as well as the budget for 201012011. Ultimately, Mr. McNeely stated that he would be honest with the Council and he would be consistent with the Council; however, at the end of the day it would be the Council's call as to how they move forward. Mention was also made regarding the refuse operation and the tow operation. Ms. McCammack noted that the tow yard was included in the budget and asked about the tow yard business plan. She stated that it could not be part of the budget at this point in time, and that she would not support a budget with the tow yard in place, since the Council doesn't know what the plan means or what the plan looks like. 7 06/16/2009 NB1. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Amendment No. 2 to the Agreement and an increase to Purchase Order No. 302230 by an additional $32,400 to Fluoresco Lighting & Signs for additional streetlight maintenance services. (Continued from June 15, 2009) Council Member/Commissioner McCammack stated that she would like to have all backup paperwork regarding this item before making a decision. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the next budget meeting to be held Wednesday, June 24, 2009. The motion carried with Kelley voting "no." 3. Adjournment At 7:38 p.m. the meeting adjourned to 4 p.m., Wednesday, June 24, 2009, in the Economic Development Agency Boardroom to consider the Fiscal Year 2009/10 City and Economic Development Agency budgets and other agendized matters. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for Monday, July 6, 2009. RACHEL G. CLARK City Clerk By: 4P~ Lmda E. Hartze( Deputy City Clerk 8 06/16/2009