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HomeMy WebLinkAbout06-15-2009 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Po1rick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Fred Shorelt Chas Kelley Rikke Van Johnson Wemry McCammack m MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE JOINT POWERS FINANCING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 15, 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 1:39 p.m., Monday, June 15, 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. None. Absent: 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 06/15/2009 Belinski, Paul v. City, et al. - u.s. District Court, Case No. CV08-8571; Odom, Teriz v. City, et al. - San Bernardino County Superior Court, Case No. CIVSS 707125. 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 Nextel Boost v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - ImtJatlOn 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: City Attorney Administration Supervisor 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: Property Address: 120 South D Street, San Bernardino APN: 0136-122-60 Agency Negotiator: Emil A. Marzullo, Interim Executive Director of the Redevelopment Agency, on behalf of the Joint Powers Authority Negotiating Parties: Tim J. Burgess 2 06/15/2009 Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item No. IB, significant exposure to litigation: The claim of Mekione Samatua, Faena Forsythe, Pepsima Tofili and Violeta Aga; and Agenda Item No.9. 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, Community Development Commission, and the Joint Powers Financing Authority. Musical Presentation Council Member/Commissioner Kelley introduced the Zanja Fife and Drum Corps who performed several songs in honor of Flag Day and the 4th of July. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Barbara Alton Potter. Invocation/Pledge of Allegiance The invocation was given by Reverend David Starr of St. John's Episcopal Church. The pledge of allegiance was led by Richard Callo, a 6th grade student from Burbank Elementary School. 2. Appointments - Nick Calero - Bicentennial Committee - Council Member Kelley Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack. that the appointment of Nick Calero to the Bicentennial Committee, as requested by Council Member Kelley, be approved. The motion carried unanimously. 3. Presentations Mayor/Chairman Morris presented a resolution and proclamation to Allen "Ali" Cayir, President of Transtech Engineers, Inc., congratulating him on being the 2009 recipient of the Ellis Island Medal of Honor, which is presented to distinguished citizens who have demonstrated dedication to community service 3 06/15/2009 and to preserving and celebrating the history, traditions and values of his native country, as well as this nation; for building bridges between ethnic, racial. and religious groups in the United States and/or abroad; and for sharing his personal and professional gifts for the benefit of humanity. Steve Shaw, Chairman of the Bicentennial Committee's Historical Sub- committee, presented an update of the committee's activities in preparation for the City's Bicentennial celebration. 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 Rachel Clark Brett Baumgartner Steve Carrizales Department City Clerk Police Police Years of Service 20 25 5 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission. and the Joint Powers Financing Authority, be waived. The motion carried unanimously. 6. Item deleted 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 4, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 4 06/15/2009 8. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated June 11, 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. 2009-144 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2009/2010. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Jolmson, that said resolution be adopted. Resolution No. 2009-144 was adopted unanimously. 10. RES. 2009-145 - Resolution of the Mayor and Common Council authorizing a License Agreement with Sprint Communications Company, L.P. permitting access to communications conduit beneath the City. Council Member/Commissioner McCammack stated that she had a conflict relative to this issue and would be abstaining. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-145 was adopted with McCammack abstaining. 11. RES. 2009-161 - Resolution of the City of San Bernardino amending Resolution 2009-122 establishing certain fees for services furnished by the City of San Bernardino, eliminating the Police Department fee for Fix-It- Ticket-Officer-Sign-Off. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-161 was adopted unanimously. 12. Authorization to proceed and approval of Plan No. 12651 - Proposed street vacation of a portion of 25th Street between "G" Street and "F" Street, and a portion of Berkeley Avenue between 25'h Street and 26th Street City Attorney Penman declared a conflict because his wife is a member of the San Bernardino City Unified School District Board of Trustees. 5 06/15/2009 Council Member/Commissioner McCammack expressed concern that these properties were not being maintained by the school district. Valerie Ross, Director of Development Services, stated that she had contacted the school district and they recently sent out a landscaping crew, but they have not yet begun demolition. She stated that the school district has fenced all the properties they currently own and the properties that are unmaintained and unfenced are properties that the district has not yet acquired. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed street vacation of a portion of 25th Street between "G" Street and "P" Street, and a portion of Berkeley Avenue between 25th Street and 26th Street; and that Plan No. 12651 showing the proposed street vacation of a portion of 25th Street between "G" Street and "P" Street, and a portion of Berkeley Avenue between 25th Street and 26th Street, be approved. The motion carried with McCammack voting "no". 13. RES. 2009-162 - Resolution of the City of San Bernardino approving Amendment No. 3 to Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot parking structure (GB04-19). Council Member/Commissioner Estrada stated that the staff report indicated that staff had been notified by Transtech Engineers, Inc. that the City's decision to separately bid the realignment of Viaduct Boulevard increased their cost substantially and she wanted to know what that cost was. Valerie Ross, Director of Development Services, stated that they were still discussing that with Transtech. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-162 was adopted unanimously. 14. RES. 2009-146 - Resolution of the City of San Bernardino declaring its intention to order the vacation of Romo Road, north of Sixth Street, west of Del Rosa Drive. City Attorney Penman declared a conflict because his wife is a member of the San Bernardino City Unified School District Board of Trustees. He stated that Mr. Sabo had reviewed and signed the resolution. 6 06/15/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-146 was adopted unanimously. 15. Resolution of the City of San Bernardino authorizing and directing the execution of a Grant of Easement to Southern California Edison across City owned property located on the northeast corner of Palm Avenue and Irvington Avenue, known as Tom Minor Park (APN 0261-691-48). Note: No resolution was distributed with the backup materials. Council Member/Commissioner Baxter made a motion. seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of July 6, 2009. The motion carried unanimously. 16. RES. J-53 - Resolution of the San Bernardino Joint Powers Financing Authority establishing the fair market value of that certain parcel of real property located at 120 South "D" Street, San Bernardino, commonly known as Assessor's Parcel Number 0134-122-60, relative to the relocation of the Fire Department's maintenance facility, authorizing said purchase and authorizing and directing the execution of a Purchase and Sales Agreement. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the City Attorney's Office and the Director of Development Services be authorized to proceed with the preparation of all necessary documents for financing the proposed purchase under the Joint Powers Financing Authority. Resolution No. J-53 was adopted unanimously. 17. Resolutions approving the 2009/2010 Assessment Rolls - various Assessment Districts Note: No resolutions were distributed with the backup materials. Council Member/Commissioner Johnson stated that he had a conflict regarding Agenda Item No. 17C because that landscape maintenance district is located within 500 feet of his property. Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road Area. (I7A) 7 06/15/2009 Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University area. (17B) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive Area. (17C) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive area. (I7D) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 959, Zone 1 and Zone 2, Landscaping Maintenance Assessment District, Shandin Hills area. (I7E) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue area. (17F) Resolution of the City of San Bernardino confIrming the 2009/2010 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street area. (17G) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (17H) Resolution of the City of San Bernardino confIrming the 2009/2010 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (171) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street area. (17J) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue area. (17K) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue area. (17L) 8 06/15/2009 Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive area. (17M) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street area. (17N) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street area. (170) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue area. (17P) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street area. (17Q) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut A venue area. (17R) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street area. (17S) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "H" Street area. (lIT) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) area. (17U) Resolution of the City of San Bernardino conirrming the 2009/2010 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue area. (17V) 9 06/15/2009 Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street area. (17W) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. (17X) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive area. (17Y) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (17Z) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. (17 AA) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue area. (l78B) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment District, SBIAA/ Alliance California area. (17CC) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. (17DD) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive area. (17EE) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street area. (17FF) 10 06/15/2009 Resolution of the City of San Bernardino confIrming the 2009/2010 Assessment Roll for Assessment District No. 1027 Landscaping Maintenance District, Waterman Avenue and Washington Street area. (17GG) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1028 Landscaping Maintenance District, Ohio Avenue and Walnut Avenue area. (l7HH) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1029 Landscaping Maintenance District, California Street and 1()'h Street area. (1711) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue area. (17JJ) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1031 Landscaping Maintenance District, Irvington Avenue and Olive A venue area. (17KK) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive Area. (I7LL) Resolution of the City of San Bernardino confirming the 2009/2010 Special Tax for certain parcels of real property within Community Facilities District No. 1033 for a portion of the operation and maintenance costs of the Verdemont Fire Station. (I7MM) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road area. (17NN) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway area. (1700) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue area. (I7PP) 11 06/15/2009 Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead A venue area. (17QQ) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance District, Irvington A venue and Chestnut Avenue area. (17RR) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1040, Landscaping Maintenance District, Acacia Avenue and Hill Drive area. (17SS) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1041, Landscaping Maintenance District, Magnolia A venue and Ohio A venue area. (17TT) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive area. (17UU) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington Avenue area. (17VV) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1045 Landscape Maintenance District, located in the Waterman Avenue and Orange Show Road area. (I7WW) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1046 Landscape Maintenance District, Northpark Boulevard and Northstar A venue area. (17XX) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1047 Landscape Maintenance District, located in the Ohio Avenue and Pine Avenue area. (17YY) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1052 Landscape Maintenance District, located in the Belmont Avenue and Chestnut Avenue area. (17ZZ) 12 06/15/2009 Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1057 Landscape Maintenance District, located in the Cajon Boulevard and University Parkway area. (17 AAA) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1059 Landscape Maintenance District, located in the Orange Show Road and Tippecanoe Avenue area. (I78BB) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1063 Landscape Maintenance District, located in the Central A venue and Lena Road area. (17CCC) Resolution of the City of San Bernardino confirming the 2009/2010 Assessment Roll for Assessment District No. 1064 Landscape Maintenance District, located in the Cajon Boulevard and Glen Helen Parkway area. (17DDD) Resolution of the City of San Bernardino, authorizing and setting the Special Tax Rate for that certain area generally located north of Highland Avenue, east of Golden Avenue for paramedic services, Special Tax Area 2006-1, and approving the Fiscal Year 2009/2010 Tax Roll. (17EEE) Council Member/Commissioner Estrada requested that future projects be listed by Ward. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of July 6, 2009. The motion carried unanimously. 18. RES. 2009-147 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement and the issuance of an aunual purchase order to SK Telecon, Inc. for the cable pull services to the City's telephone system for the Facilities Management Department in the amount of $35,678.00. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-147 was adopted unanimously. 13 06/15/2009 19. RES. 2009-148 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement and the issuance of an annual purchase order with three one-year renewal options to Nexus I.S. for the equipment maintenance of the City's telephone system for the Facilities Management Department in the amount of $47,784.96. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-148 was adopted unanimously. 20. RES. 2009-149 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract and issuance of an annual purchase order with three one-year renewal options to Securitas Security Services USA, Inc. for security guard services at the San Bernardino Metrolink Station. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-149 was adopted unanimously. 21. RES. 2009-150 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into a Memorandum of Understanding (MOU) with ICEMA (Inland Counties Emergency Medical Agency) to accept laptop/table "Toughbook" computers and participate in the Regional Emergency Medical Services electronic data collection program. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-150 was adopted unanimously. 22. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City to donate two (2) fire apparatus from surplus to the Public Safety Academy. Note: No resolution was distributed with the backup materials. City Attorney Penman requested a two-week continuance and stated that his office would be bringing forward an amendment to the Municipal Code relative to this issue. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of July 6,2009. The motion carried unanimously. 14 06/15/2009 23. RES. 2009-151 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a continuation grant application to the Corporation for National and Community Service, and accepting the amount of $295,349 to continue the administration and operation of the Senior Companion Program for the period of July 1, 2009 through June 30, 2010. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Jolmson, that said resolution be adopted. Resolution No. 2009-151 was adopted unanimously. 24. RES. 2009-152 - Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. 1 to the Consultant Services Agreement with the Counseling Team International to provide employee assistance services to City employees. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-152 was adopted unanimously. 25. RES. 2009-153 - Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. 1 to the Consultant Services Agreement with Lien On Me, Inc. to provide Workers' Compensation medical bill review services. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-153 was adopted unanimously. 26. RES. 2009-154 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and the issuance of a purchase order to Accela, Inc., for maintenance of the Permits+ System. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-154 was adopted unanimously. 15 06/15/2009 27. Authorize implementation of the Parks Division Proposal relative to Parks Maintenance staffing Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Parks Division Proposal (Exhibit "A") relative to staffing at Park sites be implemented; that five (5) Parks Maintenance Workers III and six (6) Parks Maintenance Workers II positions be reinstated; and that the Director of Finance be authorized to include these changes in the final FY 2009/10 budget. The motion carried unanimously. 28. RES. 2009-155 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and the Director of Finance to issue an annual purchase order in the amount of $29,500, with a contingency amount of $6,500, to Inter Valley Pool Supply for swimming pool chemicals (chlorine and acid) for FY 2009/10, with two single-year renewal options. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-155 was adopted unanimously. 29. RES. 2009-156 - A Resolution authorizing the execution of an agreement and issuance of a purchase order in the amount of $73,926.84 to Yale/Chase Equipment of Fontana pursuant to Section 3.04.010-B3 of the Municipal Code for a JCB 3CX14 4WD Backhoe/Loader to be utilized by the Public Services Department Street Division Sewer Maintenance Crew. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008/2009 budget by transferring $73,300 from Account No. 132-431-5704 (Miscellaneous Equipment), to Account No. 132-431-5701 (Motor Vehicles). The motion carried and Resolution No. 2009-156 was adopted unanimously. 30. RES. 2009-168 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of the Energy Efficiency and Conservation Block Grant application to develop an Energy Efficiency & Conservation Strategy. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-168 was adopted unanimously. 16 06/15/2009 31. RES. 2009-169 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the 2009 Assistance to Firefighters Grant Program on-line application to the Department of Homeland Security in the amount of $351,350. Jay Lindberg stated that he spoke a couple of weeks ago about the need to look at alternatives to having a City fire department. He stated that the City can't keep borrowing from the Federal Government which is, at last estimate, $1.8 trillion in debt for the next fiscal year. Council Member/Commissioner McCammack stated that the total grant match is $70,270, and she wondered where it was going to come from. City Manager McNeely stated that staff is going to apply for the grant, and if it is approved, they will find the $70,000 for the resultant grant. Chief Conrad stated that the $70,000 would have to be found to make the match, and, as far as he knew, it was not currently contained in the budget. He stated that this grant would help pay for essential safety equipment that they are going to be required to buy in the near future such as breathing apparatus, pressurized tanks, and masks. Council Member/Commissioner Brinker stated that there is a Federal rule called "Pay Go," or "Pay As You Go," which looked like a smart policy especially in this economy, but they need to create some sort of internal policy that would identify beforehand where the money was going to come from. Council Member/Commissioner Estrada asked if these items had been cut from other proposed expenditures. Chief Conrad stated that they did not program the replacement of the breathing apparatus into this year's budget. He stated that they had received $480,000 from this grant last year and it was used to pay for some safety equipment and the exhaust systems in their station. He stated that he didn't have a lot of hope they would be awarded money two years in a row, but there is always that chance so he felt they should probably take that opportunity. Council Member/Commissioner Estrada asked if either the Chief or the City Manager had any ideas of where this money was going to come from. City Manager McNeely stated that they will be challenged to find it, but his goal is to find it. He stated that he agreed with Councilman Brinker that they ought to be able to identify up front where the money is coming from. 17 06/15/2009 Council Member/Commissioner Brinker asked how quickly the new grants position could be filled, if approved, and how quickly could they identify the money. Mr. McNeely stated that the grants position would first go to the Personnel Committee before it goes to the Council, and they will expedite the recruitment as quickly as possible. With respect to the identification of the $70,000, Mr. McNeely requested that he be given some time over the next 30 to 60 days to come up with some ideas. Council Member/Commissioner Baxter asked Chief Conrad if the Fire Department had set aside a certain amount of money predicated upon the possibility that they may receive that same grant again. Chief Conrad stated that he did not set aside any money for grants. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-169 was adopted unanimously. 32. RES. 2009-170 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of a CBRNE response vehicle from LENCO Corporation of Pittsfield, MA in an amount not to exceed $340,000.00. Council Member/Commissioner Jolmson voiced his concerns regarding the potential use of this vehicle. City Manager McNeely stated that he would meet with the Police Chief in order to create some policy guidelines regarding the use of this vehicle. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-170 was adopted with Johnson voting "no". 33. Moved to Item #23 on the agenda 34. RES. 2009-171 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application by the City Manager to the Office of Juvenile Justice and Delinquency Prevention for the Second Chance Act Youth Offender Reentry Initiative Grant. 18 06/15/2009 Council Member/Commissioner McCammack stated that she would be abstaining on this item due to the fact that it involved one of her clients. She left the Council Chambers and returned after the vote was taken. Jay Lindberg spoke about the corruption of the Office of National Drug Control Policy. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Jolmson, that said resolution be adopted. Resolution No. 2009-171 was adopted with McCammack abstaining. 35. Ordinance of the City of San Bernardino amending Chapter 15 of the San Bernardino Municipal Code adding Section 15.10.030 to designate very high fire hazard severity zones as recommended by the Director of the California Department of Forestry and Fire Protection within the City of San Bernardino as depicted on a map titled City of San Bernardino Very High Fire Hazard Severity Zones dated October 29, 2008, and retained on file at the Office of the City Clerk, 300 N. D Street, San Bernardino, California. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be laid over for final adoption. The motion carried unanimously. 36. Item deleted 37. Request for Civic & Promotion funding for the 2009 4th of July Parade and Celebrations at Court Street Square and at the Arrowhead Credit Union Park Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council authorize $30,000 in Civic and Promotion funding to conduct the 2009 4th of July Parade, the Court Street Square Family Celebration and the Fireworks Spectacular Celebration at the Arrowhead Credit Union Park. The motion carried unanimously. 38. Public Hearing - An Ordinance of the City of San Bernardino amending Development Code Sections 19.06.025, Prohibited Uses, 19.06.030(2)(8), Alcoholic Beverage Control (ABC) Licenses, and 19.06.030(2)(F), Convenience Stores (Development Code Amendment No. 08-03) 19 06/15/2009 An Ordinance of the City of San Bernardino amending Chapter 19.06, Commercial Districts, Section 19.06.025(1)(F) and (G), and (3), Section 19.06.030(2)(8)(1), (2), (3), (4), and (7) and Section 19.06.030(2)(F)(1), (2), (5), (7), (8), (16), and (20) of the San Bernardino Municipal Code (Development Code) related to Prohibited Uses, Alcoholic Beverage Control "ABC" Licenses, and Convenience Stores. FIRST READING Mayor/Chairman Morris opened the hearing. Valerie Ross, Director of Development Services, presented highlights of the staff report and distributed copies of the strike out version of Section 19.06.025 of the Municipal Code (Development Code) relative to Prohibited Uses. Council Member/Commissioner Estrada expressed concern regarding No. 7 on Page II-64 , which states: "Security cameras with a DVR shall be installed according to recommendations of the Police Department." She stated that the law should be more specific and should require that the cameras must be operable. Ms. Ross recommended that No.7 be amended as follows: "Security cameras with a DVR shall be installed and continuously recording as per the recommendations of the Police Department" . Pursuant to Resolution No. 2000-279, Deputy City Clerk Ochiqui administered an oath to the following individuals that they would provide true and honest testimony: Amelia Lopez stated that she coordinates community prevention programs in alcohol and drug abuse for the County Department of Public Health. She stated that for the past two years her office has been working collaboratively with the Mayor's office to promote strategies to reduce the availability and the accessibility of alcohol and drugs within the City. She stated that they have established on-going responsible alcohol beverage training for retailers in the City; they have formed a drug free San Bernardino Community Coalition to guide the planning process; and they recently submitted a grant application on behalf of the City that, if funded, would require them to expand their prevention efforts. She stated that they have been collaborating with, and very strongly support, the office of City Attorney Penman in the enforcement of restricting the sale of single alcoholic beverage containers. She asked that the Council not approve this ordinance to amend Development Code Sections on Prohibited Uses, ABC Licenses, and Convenience Stores. She asked the Council not to amend the Code to allow another alcohol outlet to operate in the City for the following reasons: 1) The City already has a high crime rate; 2) The proximity to youth sensitive 20 06/15/2009 areas-this particular outlet is close to an elementary school; and 3) The City's existing alcohol density is already high. Ms. Lopez distributed copies of a report from Dr. Robert Nash Parker, UCR Professor and director of the Presley Center for Crime and Justice, who is considered one of the nation's foremost leaders in documenting the connection between alcohol and the prevalence of crime, violence, and anti-social behavior. She stated that Dr. Parker is volunteering his time with the City of San Bernardino to do a similar study, and his studies indicate that the higher the density of alcohol outlets within a community, the more likely that community is plagued by violence. In addition to the article by Mr. Parker, Ms. Lopez distributed copies of the following articles to the Mayor and Council: Alcohol Outlet Density Linked to Gang Violence; Evaluating the Impact of Outlet Density on Crime; and Alcohol Environments and Disparities in Exposure Associated with Adolescent Drinking in California. Ms. Lopez urged the Council to take into consideration the connection between alcohol density and crime in the City before making a decision. Mark Ostoich stated that he has worked extensively with the City Attorney's office, the Legislative Review Committee, and staff, in attempting to craft the convenience store provisions in the proposed amendment. He stated that he believed that the Council, armed with the proposed amendment, would be in a very good position to reasonably and responsibly control convenience stores, including alcohol sales within convenience stores, in the City. He stated that he believed this would be good for business. Ricardo Hurtado, Real Estate Manager for Dollar Tree Stores, Inc., stated that in regards to Section 19.06.025, he requested that the Council consider reducing the threshold from 15,000 to 10,000 square feet so that they would have a chance to open and operate in the City of San Bernardino, which they have been trying to do for quite some time. Council Member/Commissioner McCammack stated that any establishment that sells alcohol should not be within one mile of each other, a school, a church, a public park, or a public facility, which includes community centers, etc. She stated that the only other thing she felt was important and should have been included in the ordinance is that there should be no vending machines and/or products placed outside for sale. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett. that the hearing be closed; that said ordinance be laid over for final adoption amending Section 19.06.025 (3) to read as follows: "Section 19.06.025 (1) shall not apply to any of the enumerated uses if that use is 21 06/15/2009 exclusively established in single independent building exceeding 10,000 square feet in size or occupy a 10,000 square foot tenant space in a multi-tenant center"; and that the following language be added to Section 19.06.030 (F)(7): "Security cameras with a DVR shall be installed and continuously recording as per the recommendations of the Police Department." The vote was taken following additional discussion. Council Member/Commissioner Shorett stated that he was not in favor of developing a liquor store on every corner; however, he believed this would give the Council an opportunity to look at each case and would provide a tool to establish the criteria for these types of stores. Council Member/Commissioner McCammack stated that the reason the moratorium was put into place in the first place was because of the types of businesses that are not properly maintained and don't have the necessary enforcement. She stated that they have discussed the issue of enforcement for years, but they can't get it because it's not considered a high priority crime. She stated that each case would have to come before the Council and they would have to make a decision, but they could not deny an application just because they don't want it in a particular location because the City will be sued. She stated that the ordinance needs to say that new liquor/convenience stores cannot be located within one mile of each other or a school, church, public facility, or public park, and that vending machines shall not be permitted on the outside of the convenience store. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Estrada, that the square footage remain at 15,000 square feet as proposed; that the distance between stores be extended to one mile; and that all vending machines and merchandise be kept inside the store. No vote was taken. Council Member/Commissioner Brinker stated that the one-mile locational criteria that Council Member/Commissioner McCammack suggested was, in his opinion, essentially the same as the moratorium because if you were to draw a one-mile circle around every convenience store, school, park, etc., he didn't think they could find any locations in the City where they could actually build a convenience store where it would be convenient. Ms. Ross stated that the provision to not allow merchandise out on the sidewalk is in the Development Code, but it would not hurt to include it here. However, she stated that she had just been informed by the Fire Marshall that the Fire Code does not allow propane tanks to be stored inside the building. She noted that if they modify No. 20 on Page 11-65, they would have to exclude propane tanks. 22 06/15/2009 Mayor/Chairman Morris asked the maker of the second. Council Member/ Commissioner Estrada, if she would accept the exclusion of propane tanks from the prohibition. Council Member/Commissioner Estrada stated that she would not accept that amendment. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; that said ordinance be laid over for fmal adoption amending Section 19.06.025 (3) to read as follows: "Section 19.06.025 (1) shall not apply to any of the enumerated uses if that use is exclusively established in single independent building exceeding 10,000 square feet in size or occupy a 10,000 square foot tenant space in a multi-tenant center"; and that the following language be added to Section 19.06.030 (F)(7): "Security cameras with a DVR shall be installed and continuously recording as per the recommendations of the Police Department." The motion failed. Ayes: Brinker, Shorett, Kelley. Nays: Estrada, Baxter, Johnson, McCammack. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; that said ordinance be laid over for final adoption; and that the following language be added to Section 19.06.030 (F)(7): "Security cameras with a DVR shall be installed and continuously recording as per the recommendations of the Police Department." The motion failed. Ayes: Brinker, Shorett, Kelley. Nays: Estrada, Baxter, Johnson, McCammack. 39. RES. 2009-172 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of a purchase order to Waxie Sanitary Supply for custodial supplies. (Continued from June 1, 2009) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-172 was adopted unanimously. 40. 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#54C0066). (Continued from June 1, 2009) Note: No resolution was distributed with the backup materials. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of July 6,2009. The motion carried unanimously. 23 06/15/2009 41. ORD. MC-1308 - Urgency Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 8.60.095 regarding regulatory fees for the sale of fireworks. URGENCY Council Member/Commissioner Jolmson stated that he could not support this item because he felt it was time for the Council to start working with the non-profits to help them come up with alternate ways to raise money. John Kelly, Vice President of TNT Fireworks, asked where he could find the estimated cost for education awareness and enforcement of fireworks for 2009. He stated that he wanted to thank whoever made the decision to credit the administrative fines against the total cost of said program and stated that he felt that it was good that those who are creating the problem are also contributing to controlling it. Mr. Kelly also asked how he could find out what was the total amount of fines written in 2008 for Administrative Civil Penalties. Jeff Brandenburg, representing Big Bear Phantom Fireworks, commended the City for reducing the fee and stated that he felt that was a step in the right direction. He stated that of approximately 70 communities in Southern California that sell their products, he could count on one hand those that have taxed the consumer or the group that's collecting it. He stated that the City has forgotten why it allows the sale of safe and sane fireworks and that is because it is a safe avenue for consumers and the public to buy a safe, controlled, fire marshal approved item, and if the City didn't have that, it would have a much bigger illegal fireworks problem that would end up costing a lot more money. He stated that the City already gets some sales tax on this locally, but he did not see that in the calculations. Mr. Brandenburg stated that passing the tax onto the wholesaler would be very difficult because they would have to make that up somewhere and to tax the wholesalers on their gross sales would be pretty much impossible because they don't control gross sales. He stated that they sell to the charities at a 50 percent discount off the suggested retail prices, and then it's up to the non-profit to sell the fireworks at 20 percent, 30 percent, 50 percent, or even higher. He stated that he felt it would be worth the Council's time to review this issue further. Council Member/Commissioner McCammack stated that she felt it may be helpful for Way and Means to know the amount of gross sales that the fireworks company literally sells to the non-profits. 24 06/1512009 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said urgency ordinance be adopted, and that the matter be referred back to the Ways & Means Committee for further discussion. The motion carried and Ordinance No. MC-1308 was adopted with Johnson voting "no". 42. Item deleted COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter. Brinker. Shorett, Kelley, Jolmson, McCammack; Sr. Assistant City Attorney Wilson, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Clerk Clark. None. Absent: R43. Award of a Construction Contract for the Installation of a Fire Suppression System - California Theatre of the Performing Arts located at 562 West 4th Street (Central City North Redevelopment Project Area) RES. 2009-173 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the funding of the Construction Contract for the installation of fire sprinklers and a fire suppression system in the California Theatre by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Inland Building Construction Companies, Inc., and making certain findings and determinations pursuant to Health & Safety Code Section 33445 as to the benefit of such improvements to the State College Redevelopment Project Area and the Tri-City Redevelopment Project Area for undertaking of certain improvements to an Agency-owned facility (Central City North Redevelopment Project Area). (R43A) RES. CDC/2009-27 - 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 Construction Contract by and between the Agency and Inland Building Construction Companies, Inc., for a fire sprinkler and fire suppression system at the California Theatre (Central City North Redevelopment Project Area). (R43B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2009-173 and Community Development Commission Resolution No. CDC/2009-27 were adopted unanimously. 25 06/15/2009 R44. RES. CDC/2009-28 - 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 (1) the Termination Agreement of the HOME Grant Agreement dated December 19, 2005, by and between Mary's Mercy Center, Inc., and the Agency; and (2) the 2009 Low and Moderate Income Housing Funds Grant Development Agreement by and between Mary's Mercy Center, Inc., and the Agency for Veronica's Home of Mercy II transitional housing project (IVDA Redevelopment Project Area). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Jolmson, that said resolution be adopted. Resolution No. CDC/2009-28 was adopted unanimously. R45. Mary Erickson Community Housing, Inc. ("MECH") - Delegation and authorization for the implementation of the Neighborhood Stabilization Program ("NSP") and approval of a certain Master Agreement between the Agency and MECH Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the expenditure of certain Neighborhood Stabilization Program ("NSP") Funds pursuant to the Housing and Economic Recovery Act of 2008 ("HERA") in accordance with NSP Grant Number B- 08-MN-06-0520 in the principal amount equal to $8,408,558. (R45A) Note: Resolution R45A was not distributed with the backup materials. Resolution of the Community Development Commission of the City of San Bernardino accepting the delegation of administration and management for the use of the City of San Bernardino Neighborhood Stabilization Program ("NSP") Funds in accordance with the Housing and Economic Recovery Act of 2008. (R45B) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the use of Low and Moderate Income Housing Funds and Neighborhood Stabilization Program ("NSP") Funds through a certain Master Agreement by and between the Redevelopment Agency of the City of San Bernardino (" Agency") and Mary Erickson Community Housing, Inc. ("MECH"), pursuant to the Neighborhood Stabilization Program. (R45C) Staff requested a two-week continuance. 26 06/15/2009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of July 6,2009. The motion carried unanimously. 46. 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 June 1.2009) The hearing was closed at the Council/Commission meeting of April 6, 2009. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council! Commission meeting of July 6,2009. The motion carried unanimously. 47. RES. 2009-163 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Edward King, et al. v. City of San Bernardino, et aI., United States District Court, Case No. CV-09-01339-SJO (pJWx). (See related Agenda Item Nos. 48-51) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added to the consent calendar. The motion carried unanimously. Subsequently, Agenda Item Nos. 47 through 51 were pulled by Council Member/ Commissioner Brinker for the purpose of discussion. Note: Agenda Item Nos. 47 through 51 were discussed and voted on simultaneously. Council Member/Commission Brinker stated that a budget hearing was scheduled for tomorrow and part of that hearing was to talk about the City Attorney's budget. He asked if it would be better to hold off discussing these particular items until after tomorrow's budget hearing as he wanted to look at these items in terms of the big picture instead of doing it piecemeal. City Attorney Penman stated that he was not planning to make a presentation at tomorrow's budget meeting. 27 06/15/2009 He stated that he did not want to hold this matter off for one day because the attorneys assigned to these cases were already working on them. He stated that most of these lawsuits involve police officers who are being sued and some involve other City officials who are being sued and they want to know who is going to be representing them. They want to know that they are going to be defended. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. The vote was taken following additional discussion. Council Member/Commissioner Brinker made a substitute motion, seconded by Council Member/Commissioner Baxter, that Agenda Item Nos. 47-51 be continued to the budget meeting scheduled for June 16, 2009. No vote was taken. Council Member/Commissioner McCammack repeated her motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-163 was adopted with Baxter, Brinker and Johnson voting "no". 48. RES. 2009-164 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Demariae Vinson v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVSS 818649. (See related Agenda Item No. 47) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-164 was adopted with Baxter, Brinker and Johnson voting "no". 49. RES. 2009-165 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, McElhaney & Beckett and the City of San Bernardino for legal services in the case of Robert WaIker v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVSS 814767. (See related Agenda Item No. 47) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-165 was adopted with Baxter, Brinker and Johnson voting "no". 28 06/15/2009 50. RES. 2009-166 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Edward Daves, et al., v. City of San BerlUlrdino, et al., San Bernardino Superior Court Case No. CIVSS 815804. (See related Agenda Item No. 47) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-166 was adopted with Baxter, Brinker and Johnson voting "no". 51. RES. 2009-167 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement with Mundell, Odium & Hawes, LLP and the City of San Bernardino for legal services in the claim of Sochilt Martinez. (See related Agenda Item No. 47) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2009-167 was adopted with Baxter, Brinker and Johnson voting "no". 52. RES. 2009-157 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement with Mundell, Odium & Hawes, LLP and the City of San Bernardino for legal services in the claim of Travis Walker. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added to the consent calendar. The motion carried unanimously. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-157 was adopted unanimously. 53. RES. 2009-158 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement with Mundell, Odium & Hawes, LLP and the City of San Bernardino for legal services in the claim of Steve Lowes. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added to the consent calendar. The motion carried unanimously. 29 06/15/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-158 was adopted unanimously. 54. RES. 2009-159 - Resolution of the Mayor and Common Council of the City of San Bernardino approving and authorizing the amendment of Section 7 of the Employment Agreement with Keith Kilmer due to an administrative error in the original agreement. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added to the consent calendar. The motion carried unanimously. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-159 was adopted unanimously. 55. RES. 2009-160 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the obligation and expenditure of the allocated FY 2009/10 Justice Assistance Grant (JAG) Funds and execution of a JAG Interlocal Agreement between the City of San Bernardino and County of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added to the consent calendar. The motion carried unanimously. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2009-160 was adopted unanimously. 56. 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. 302232 by an additional $32,400 to Fluoresco Lighting & Signs for additional streetlight maintenance services. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that Agenda Item Nos. 47 through 56 be added to the consent calendar. The motion carried unanimously. Subsequently, Agenda Item No. 56 was pulled by Council Member/ Commissioner McCammack for the purpose of discussion. 30 06/15/2009 Council Member/Commissioner McCammack stated that last May they talked about contracting out street lighting maintenance services and how they would save $80,000 for this fiscal year; however, the total cost of this item is now $252,400. She stated that they were told that this would be a cost savings and they laid employees off that were doing this work. Councilwoman McCammack requested copies of previous staff reports and backup relative to this item and requested that the matter be continued to the next meeting. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of June 16, 2009. The motion carried with Kelley voting "no". 57. Public Comments Jay Lindberg asked what it was going to cost to retrofit City Hall. Mr. Lindberg also spoke about future budgets and the trade deficit. 58. Adjournment At 7:46 p.m., the meeting adjourned to 4 p.m., Tuesday, June 16, 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 1:30 p.m., Monday, July 6, 2009. RACHEL G. CLARK City Clerk BY~~~..k~/ Linda Sutherland Deputy City Clerk 31 06/15/2009