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HomeMy WebLinkAbout06-Council Minutes - ,..-.- CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor PoJrick J. Morris COU1U:a Members: Esther Estrodil De1lllis J. Boxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCamnuu:k ~ , MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 20, 2007 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 1:34 p.m., Monday, August 20, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Estrada. Council Member/Commissioner Estrada Arrived At 1:50 p.m., Council Member/Commissioner Estrada arrived at 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): Christina Smith, et al. v. City of San Bernardino, et aI. - United States District Court Case No. EDCV 06-860 GW (CTx); 1 08/20/2007 Avelina Cadion v. City of Hi2h1and, City of San Bernardino, Armando F. Medel, Antoinette Medel, Darrell J. Hertel, Darlene Hertel, et aI. - San Bernardino County Superior Court Case No. SCVSS 142532 EDCV 98- 66RT (V APx); Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01027 SGL (OPx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. 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. City Attorney Penman announced that the following additional cases would be discussed in closed session: Patricia Morana v. City of San Bernardino, et aI. - San Bernardino Superior Court Case No. CSVSS 137616; J. R., by and throu2h her Guardian ad Litem, Danielle Dixon, et aI. v. City of San Bernardino - United States District Court Case No. EDCV 05-1045 JWJ; and Under Agenda Item No. IC, initiation of litigation, Diamond Concessions Inc., pursuant to subdivision (c) of Government Code Section 54956.9. 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 and Community Development Commission. 2 08/20/2007 Invocation/Pledge of Allegiance The invocation was given by Reverend David Randolph, Chaplain at San Bernardino Community Hospital, followed by the pledge of allegiance, led by Councilman Dennis Baxter. Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of William "Bill" R. Sikes, who operated APS Affiliates in San Bernardino with his wife for over 35 years, worked with the Neighborhood Watch Program, was a l5-year member of the board of National Night Out, and was well known for his work in the rehabilitation of graduates of New House, Inc.; JoAnn Jean Maples, affectionately known as "Jody," who was involved with the annual Headdress Ball, both as a model and a coordinator, was a board member and chair of the Ethics Committee for the Visiting Nurse Association, and was active in the Assistance League; and Wesley "Wes" Jefferson, who wrote grant applications that brought in funds needed to build the Public Enterprise Center on Highland Avenue, was President of Westside Action Group for 13 years, and was best known for his work with Operation Second Chance. 2. Appointments · Lynette Kaplan - Fine Arts Commission - Council Member Kelley · James M. Smith - Bicentennial Ad Hoc Committee - Council Member Derry Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the appointments of Lynette Kaplan and James M. Smith, as requested by Council Members Kelley and Derry, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Presentations Gary Dehrer, Principal of San Bernardino Adult School, gave an overview of the school's" Annual Report Card" for the 2006-2007 school year. The Second Quarter 2007 Employee Award was presented to Tony Lugo, Engineering Assistant III in the Development Services Department. The Second Quarter 2007 Customer Service A ward was presented to Rina Marron, Account Clerk II in the Finance Department. Councilman Chas Kelley presented a Certificate of Recognition to Code Enforcement Officer Curtis Stone, for the outstanding job he does for the City. 3 08/20/2007 Mr. Stone is solely responsible for improvements in the City's business corridor and for the clean up efforts in the Kendall/University area. Peggi Hazlett, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Keith Sartin Donna Rice Lynn Knutson David Carlson Byron Clark Timothy Crocker David Harp Frank Mankin Kenneth Peary Thomas Stieg 4. Announcements Department Code Compliance Library Parks, Recreation & Community Services Police Police Police Police Police Police Police Years of Service 5 10 15 10 5 15 30 30 15 15 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 by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 18, 2007; June 21,2007; and July 2,2007. 4 08/20/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 July 31, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 August 17, 2007 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardipo, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2007-336 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an Animal Housing Services Agreement by and between the City of San Bernardino and the City of Colton from July 1, 2007 through Jnne 30, 2010, and ratifying any action taken between July 1, 2007 and the date that this resolution is adopted. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-336 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 08/20/1fXJ7 10. Authorization to proceed - street name change for 34th Street between Waterman and Parkside to Arrowhead Country Club Way Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Development Services Director be authorized to proceed with street name change for 34'" Street between Waterman and Parks ide to Arrowhead Country Club Way. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. II. 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 Omnipoint Communications Inc. for the lease of one thousand (1000) square feet of land at Wildwood Park, 536 E. 40th Street. Note: No backup materials were distributed. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of September 4,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 12. RES. 2007-356 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Agreement with USO Ontario for rmancial assistance from the Civic and Promotion Fund for FY 2007/08. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the request for FY 2007/08 civic/promotion funding in the amount of $2,500 to support the activities of the usa at Ontario Airport, for the benefit of U.S. Armed Forces, be approved. The motion carried and Resolution No. 2007-356 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. Item Deleted. 6 08/20/2007 14. Resolution of the City of San Bernardino approving Services Agreements with Willdan Associates, Interwest Consulting Group and Esgil Corporation for the provision of professional plan check services. Note: No resolution was distributed with the backup materials. Staff requested that this matter be continued for two weeks. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of September 4,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 15. RES. 2007-357 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Zuniga Electrical Construction for traffic signal plan at Little Mountain Drive and Northpark Boulevard (TC04- 41), per Project Plan No. 11972. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-357 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 16. RES. 2007-337 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a Contract to Nikola Corporation for sewer improvements on Sierra Way from 1()'h Street to 19th Street (SW-E), per Project Pian No. 12187. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Sewer Line Maintenance budget by appropriating $310,000 from the Sewer Line Maiiltenance available fund balance for sewer improvements on Sierra Way from 16th Street to 19th Street, per Project Plan No. 12187. The motion carried and Resolution No. 2007-337 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 7 08/20/2007 17. RES. 2007-338 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 14881, located on the northwest corner of Ohio and Chestnut Avenues in the RL, Residential Low land use district, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-338 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2007-339 - Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. 1 to Agreement with Caltrop Corporation for on-call coustruction iuspection services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 adopted budget and transfer $200,000 from salary and benefits accounts ($75,000 from 001-183- 50xx; $125,000 from 001-184-50xx) to the professional/contractual account (001- 183-5502). The motion carried and Resolution No. 2007-339 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-340 - Resolution of the City of San Bernardino authorizing Amendment No. 1 to Reimbursement Agreement with the San Bernardino International Airport Authority related to the preparation of an Airport Land Use Compatibility Plan. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-340 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: None. Council Johnson, 8 08/20/2007 20. RES. 2007-358 - 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 to Securitas Security Services USA, Inc. for security guard services at City Libraries. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2007-358 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-341 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or her designee to issue an annual purchase order to Fisher Scientific Company in the amount of $15,000, L.N. Curtis & Sons in the amount of $50,000, and Mallory Company in the amount of $10,000 for replacement of protective clothing and equipment for structural fU'efighting. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-341 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2007-342 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or her designee to issue an aunual purchase order to Greenwoods Uniforms in the amount of $50,000 for replacement of Class "B" uniforms. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-342 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, . McCammack. Nays: None. Absent: None. 23. Amend the Contract between the Public Employees Retirement System (PERS) and the City of San Bernardino to provide a 2.7% @ 55 retirement benefit for miscellaneous employees 9 08/20/2007 RES. 2007-359 - Resolution of Intention to approve an amendment to contract between the Board of Administration California Public Employees' Retirement System and the Mayor and Common Council of the City of San Bernardino. An Ordinance of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the contract between the Mayor and Common Council of the City of San Bernardino and the Board of Administration of the California Public Employees' Retirement System. FIRST READING Council Member/Commissioner Derry stated that since the Council had discussed providing the 2.7 percent benefit at 55, the City has had a number of changes in its economic situation including projected shortfalls for sales tax revenue and the reassessment of properties for property tax purposes. He stated that he wanted to take this opportunity to notify everyone involved from the San Bernardino Public Employees' Association that this benefit comes at a cost of approximately $2.4 million per year, and while he knows it is absolutely necessary from a competitive standpoint-the attraction to new employees and the retention of current employees-the cost involved is significant. He stated that if the financial numbers for the City continue at the current level, they are going to have to make sure that any shortfalls in the City budget are met. Mr. Derry stated that he'd like the opportunity to meet with the Public Employees' Union to discuss the options that they're going to have to look at in the future. Council Member/Commissioner Estrada stated that Mr. Derry's statement concerned her because those financial issues would affect everything across the board as it relates to the City. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that said ordinance be laid over for final adoption on September 17, 2007. The motion carried and Resolution No. 2007-359 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Resolutions implementing a Memorandum of Understanding with the Middle- Management Unit; a Side Letter for Contract Extension with the General Unit, and an updated Resolution with Management/Confidential Unit RES. 2007-343 - Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Middle Management Bargaining Unit of the City of San Bernardino represented by San Bernardino Public Employees' Association. 10 08/20/2007 RES. 2007-344 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a Side Letter to Resolution No. 2005-75, amending Article m, Compensation, Section 2, PERSj Article IV, Fringe Benefits, Section 2, Health/Life Insurance; and Article VII, General Provisions, Section 4, Term of Memorandum of Understanding between the City of San Bernardino and employees in the General Unit represented by the San Bernardino Public Employees' Association. RES. 2007-345 - Resolution of the City of San Bernardino establishing a Management and Confidential Employee Compensation and Benefits Plan and repealing Resolution No. 2005-242. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions A,B, and C be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 budget to transfer funds included in the General Fund Budget to the appropriate departments for the items outlined in the staff report dated August 14, 2007, from Linn Livingston, Director of Human Resources. The motion carried and Resolution Nos. 2007-343, 2007-344 and 2007-345 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2007-346 - Resolution of the City of San Bernardino approving a side letter to Resolution No. 2007-343, Resolution of the City of San Bernardino and Employees in the Middle-Management Bargaining Unit of the City of San Bernardino represented by the San Bernardino Public Employees' Association amending Article III, Compensation, Section I, Wages. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-346 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2007-360 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a purchase order to Sucaba Company, Inc. for computer services of the Workers' Compensation and Risk Management Claims Systems, for a total amount not to exceed $39,000. II 08/20/2007 City Attorney Penman stated that they have had some problems in the past with using purchase orders for services. He stated that his concern is that the City should be protected by having the necessary contract language, which is not present in purchase orders. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-360 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2007-347 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order for Fiscal Year 2007/2008 purchase of services with AT&T Internet Services Inc. for direct internet service. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-347 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and Purchase Order with two one- year renewal options to Harris Computer Systems for maintenance of the City's fmancial system. (See related Agenda Item Nos. 29 & 30) Agenda Item Nos. 28, 29 and 30 were considered simultaneously. Note: No Resolution was distributed with the backup materials. City Attorney Pemnan advised that due to the fact that the agreements have not been returned, he recommended that Agenda Item Nos. 28, 29 and 30 be continued for two weeks. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of September 4,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12 08/20/2007 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and Purchase Order with two one- year renewal options to Accela, Inc., for maintenance of the Permits+ system. (See related Agenda Item Nos. 28 and 30) 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 September 4,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and Purchase Order with two one- year renewal options to Sungard HTE for maintenance of the Water Department's Financial and Utility Billing System. (See related Agenda Item Nos. 28 & 29) 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 September 4,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. RES. 2007-361 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute and adminim:er two Grant Agreements with the County of San Bernardino concerning the use of FY 07-08 Indian Gaming Special Distribution Funds. Council Member/Commissioner McCammack indicated that she would abstain on this item due to the fact that the funding of this particular grant comes from one of her business clients. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. 13 08/20/2CXY1 Resolution No. 2007-361 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 32. RES. 2007-362 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a continuation grant application with the Corporation for National and Community Service, accepting the amount of $300,600 to continue the administration and operation of the Senior Companion Program for the period of July 1, 2007 through June 30, 2008, and ratifying all action taken between July 1, 2007 and the date that this Resolution is adopted. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-362 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 33. RES. 2007-348 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an interim purchase order and contract extension with the Wackenhut Corporation to provide jail staffmg from July 1,2007 through August 31,2007 in an amount not to exceed $60,400. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-348 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. RES. 2007-349 - Resolution of the City of San Bernardino authorizing the execution of an Agreement for the San Bernardino Police Department to participate as a member of the United States Department of Justice Drng Enforcement Administration (DEA) Task Force. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-349 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker. Derry, Kelley, McCammack. Nays: None. Absent: None. Council Johnson, 14 08/20/2007 35. RES. 2007-350 - Resolution of the City of San Bernardino authorizing the City Manager to execute a Driver Safety Training Agreement between the City of San Bernardino and Inland Valley Development Agency/San Bernardino International Airport Authority (lVDA/SBIAA), allowing the Police Department to use the San Bernardino International Airport for driver safety training. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-350 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. RES. 2007-351 - Resolution of the City of San Bernardino awarding All State Police Equipment Company a purchase order for ammunition in the amount not to exceed $150,000.00 with three optional renewal years. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-351 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Services Agreement and issuance of a purchase order in the amount of $90,000.00 with two one-year extensions at the City's option between the City of San Bernardino and Peter John Container Repair for commercial bin repairs utilized by the Public Services Department, Integrated Waste Management Division. Bridgette Washington, 433 N. Sierra Way, San Bernardino, CA, stated that this agenda item was brought to the attention of the San Bernardino Public Employees' Association back in April by two City employees who are currently performing the duties of equipment repair workers in the servicing, welding, repairing and painting of the bins. She stated that their concern is that performance has never been an issue with these two employees. As a matter of fact, Ms. Washington stated that their evaluations should reflect that they've had satisfactory and above performance. They have never been made aware of any performance issues-nothing has ever been documented as far as they know. She stated that their jobs are to service the bins; however, since April of this year, that service has not been performed by the two employees who have been hired by the City to perform that duty. 15 08/20/2007 Ms. Washington stated that what you would fmd if you were to visit the City yards today is over two hundred bins that are waiting for repair. Perhaps they're waiting on contractors to do the work, she didn't know, but what she did know is that two skilled employees have been hired to perform that duty and they are doing other functions. She urged the Council to ask the employees specific questions as to what they have been told and what they have been doing since April of this year while the bins have been piling up. Ms. Washington stated that it's quite interesting and a little overwhelming when you go to the City yards and see just how many bins there are, and the fact that there are two employees that have over 38 years of combined service with the City. She stated that she understood the employees do not risk losing their jobs, but in the event that the work is contracted out, she was concerned about what will happen to them. Sendo Chavez, 6802 Redwood Avenue, Hesperia, CA, stated that he has worked for the City for 23 years, and his job has been to repair the bins that range in size from 3 to 40 yards. He stated that they also fix compactors and trucks, but in April of this year, they stopped receiving materials to repair the bins. Mr. Chavez stated that there are approximately 5,000-6,000 bins in the yard, but they have never fallen behind in their repairs. He noted that the contractors that were brought in have been doing shabby work. He requested that there be further investigation into this matter. Jessie Waldie, 9135 Wilson Ranch, Phelan, CA, stated that he has been employed by the City for 16 years. He stated that he started out as an intern in the garage, then he became an auto body repair person, and his current position is Equipment Repair Worker II. He stated that he has never received a bad evaluation-he has done top quality work for this City. Mr. Waldie stated that he and Sencio used to track all the materials and supplies for refuse containers and would repair and paint them on a daily basis. He stated that they were questioned by refuse management on their repairs, and in April he was denied a grinder that he needed for the repairs. Mr. Waldie stated that little by little they stopped providing materials and supplies for repairs, and finally they noticed that they had bidders coming in to contract out their positions. Council Member/Commissioner McCarnmack stated that she received a letter from Ms. Washington that had been written to Linn Livingston, Director of Human Resources. She stated that she then questioned Ken Fischer, Director of Public Services, about the work that was piling up, and in his written response he stated that the work piled up because the employees have not been able to keep up with it. He stated that the workload was too large for these employees so they contract to handle the increased workload until it grows to the point of needing another full time position. 16 08/20/2007 Ms. McCarnrnack stated that Mr. Fischer went on to say in his letter that he was not aware of employees being told not to work on bins because of a proposed contract. He stated that the bins need to be repaired so they can be used for service. He indicated that they have had some new bins arrive and they have been placing them into service and retrieving the old bins. Mr. Fischer stated that these old bins will have to be inventoried, and he said he would have the employees start on it right away so they can order materials and get going. Council Member/Commissioner McCarnrnack stated that she was concerned that there may have been miscommunication. She stated that if the employees have had good or better-than-good reviews in evaluations, how can someone say that they haven't kept up with the work. She stated that she was very concerned that City employees are being treated this way, and that the matter had to come before this Council. Ms. McCarnrnack stated that she hoped the Council would ask more questions, and then they would get the City Manager to determine if, in fact, the claims made by the employees are accurate. If they are not accurate, she felt it was only fair that they communicate this to the employees. She stated that she was concerned with some of the issues Mr. Chavez brought up regarding the bins. If we've got a manager denying them the ability to buy materials and tools to do their job, she sees an issue with that. If they've been hired as auto body repair persons and now they are Equipment Repair Worker lIs, it would seem to her that these employees have not been treated fairly. Council Member/Commissioner Estrada stated that she was not going to vote on this contract in light of the issues that had been raised. City Manager Wilson stated that he was aware of the concern that was brought up today, but not to the degree that he had heard. He stated that it was his understanding that this proposal did just what Ms. McCarnrnack said, which was to simply complement the work of the existing individuals they heard from today. He stated that there is no attempt to eliminate their jobs or change their job duties because that would require a meet and confer process with the union, which they are not suggesting right now. Mr. Wilson requested that this matter be continued for two weeks. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of September 4, 2007. Council Member/Commissioner McCarnrnack asked that the motion to continue be withdrawn so the Council could continue their discussion on this matter. Council Member/Commissioner Kelley withdrew his motion and Council Member/Commissioner Baxter withdrew his second. 17 OS/20/20fY7 Council Member/Commissioner Johnson stated that at the agenda briefing last Wednesday, Mr. Fischer had stated that the work was done before that contract, but he didn't see that in the backup. Mr. Fischer stated that last year there was a $21,000 contract for this same company to do some welding on the bins in order to catch up. He stated that they did a nice job last year so they did a bid process and they came in as the low bid. He stated that they felt that if they got this $90,000 contract for the entire year they wouldn't fall as far behind as they have in the past in getting repairs done. Council Member/Commissioner McCarnmack asked Mr. Fischer at what point would they be ready to hire that extra employee if they were going to spend $90,000 on a contractor. Mr. Fischer stated that they would evaluate that contractor to see what kind of volume they get in relation to what the two employees were doing out there, and then they could determine if they were at that point yet because they have salaries and benefits to consider. Council Member/Commissioner McCammack asked Mr. Fischer what he thought these two employees have been doing since April. Mr. Fischer stated that they have been doing body repair and welding primarily in the vehicle maintenance shop, which has taken time away from the bin repair. He stated that nobody is saying that they've done a bad job, and he was not there proposing that their jobs be eliminated. He stated that the letter that came from the union suggesting that is inaccurate. Council Member/Commissioner McCarnmack asked Mr. Fischer about the tools and materials. Mr. Fischer stated that there was an issue on the welding gas, but that is a budgetary issue and has nothing to do with the repair issue. He stated that it is not related to this particular action at all, and it would make it more confusing to go into the explanation of that right now. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of September 4,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18 08/20/2007 38. RES. 2007-363 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and purchase order in the amount of $58,500.00 between the City of San Bernardino and Guzman Construction Co. for the labor, concrete materials and equipment costs associated with the removal and installation of damaged, deficient and aged manholes located throughout the City of San Bernardino. Council Member/Commissioner McCammack indicated that she would abstain on this item due to the fact that several of the manhole covers that are being replaced are in close proximity to either her house or her business. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-363 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 39. RES. 2007-352 - Resolution authorizing the execution of an Agreement and issuance of an annual purchase order with two single year renewal options to Star Auto Parts of San Bernardino for the purchase of automotive parts and supplies utilized by the Public Services Department Fleet Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-352 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 40. RES. 2007-353 - A Resolution authorizing the execution of an Agreement and issuance of an annual purchase order with two single year renewal options, pursuant to Section 3.04.010-B3 of the Municipal Code, to McCray Enterprises of San Bernardino for medium and heavy duty equipment and truck repair, including purchase of various related parts. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-353 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19 08/20/2007 41. RES. 2007-354 - Resolution authorizing the execution of an Agreement and issuance of an annual purchase order with two single year renewal options, to HREM Inc. for the manufacture and repair of hydraulic cylinders and supplies to be utilized by the Public Services Department Fleet Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-354 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 42. RES. 2007-355 - Resolution authorizing the execution of an Agreement and issuance of an annual purchase order with two single year renewal options, to Fleet Pride for heavy duty vehicle brake work, including purchase of various related parts and supplies to be utilized by the Public Services Department Fleet Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-355 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 43. Ordinance of the City of San Bernardino adding Chapter 2.19 to Title 2 of the San Beruardino Municipal Code establishing a Youth Advisory Commission. FIRST READING Council Member/Commissioner McCammack asked what happed to the Mayor's Youth Council that operated through Mayor Valles' term. Peggi Hazlett, Assistant to the Mayor, stated that it started as the Mayor's Youth Task Force that was made up of adults only. She stated that Mayor Valles asked that they change that so they had representatives from all the local middle schools and high schools, and that evolved to representatives from the local high schools, including Aquinas, that met with her on a monthly basis. She stated that they established a vision and they were very successful in establishing the Mayor's Run, which was one of their first components. She stated that they wanted to make sure that they had a sustainable program in place, so the funding from the Mayor's Run has gone into the Mayor's Youth Councils. Ms. Hazlett stated that with the change of administration and being uncertain whether or not they were going to have this program sustained in the Mayor's office when Mayor Valles chose not to run for re-election, they did not establish a 20 08/2012007 Mayor's Youth Council for the past year. She stated that Council Member Brinker asked that they form a Youth Commission, therefore, they have enacted a Mayor's Youth Council for the coming school year. Council Member/Commissioner Brinker stated that he was very excited about the opportunity that this represents for the City. He stated that they're getting ready to start the school year and this is a perfect time to get this thing rolling. He stated that there are a lot of ways that the kids could be involved in the community and probably the biggest project they are going to undertake is to create a Youth Master Plan. He stated that that would give them an opportunity to provide us with their needs and goals for the City and then it would be incumbent upon them to figure out how they were going to fit that into their budget planning next year and move forward with those items. Mr. Brinker stated that one of the items that he thinks is particularly interesting about this commission is that they were asking these kids to be involved in other commissions, as needed, as well. He stated that this gives young people in the community a chance to be involved in all sorts of policy decisions and have their voices heard. 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 by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 44. Salary increases for part-time positions in the Parks & Recreation Department Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council: Increase the salary for the position of Recreation Specialist from $9.00-$10.50 per hour to $10.60-$12.30 per hour effective 09/01107; Increase the salary for the position of Senior Recreation Leader from $8.00-$8.80 per hour to $9.25-$10.90 per hour effective 09/01107; Increase the salary for the position of Recreation Leader from $8.20-$8.60 per hour to $8.20-$9.60 per hour effective 09/01107; Increase the salary for the position of Lifeguard from $8.00-$9.50 per hour to $9.05-$10.70 per hour effective 09/01107; 21 08/20/2007 Increase the salary for the position of Senior Lifeguard from $9.50-$11.00 per hour to $10.70-$12.60 per hour effective 09/01107; Increase the salary for the position of Pool Manager I from $11.00-$13.00 per hour to $12.15-$14.30 per hour effective 09/01107; Increase the salary for the position of Pool Manager II from $12.50-$14.00 per hour to $13.40-$16.30 per hour effective 09/01107; Authorize an additional $.50 increase effective 01101108 for these classifications; and Authorize the Human Resources Department to update Resolution No. 6413. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. City Attorney Pemnan advised that salary increases are normally done by resolution which enables them to be tracked in case of litigation; however, there is a time issue and this item needs to proceed today. He recommended that the Council proceed with the motions, but that this matter be brought back to the September 4, 2007 Council meeting with the appropriate resolutions. 45. Public hearing - Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District No. 1057 (parcel Map No. 17375) Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCarmnack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing relative to the formation of the Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District No. 1057, be continued to the Council/Commission meeting of September 17, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 22 08/20/2007 46. An Ordinance of the City of San Bernardino repealing Chapter 8.35 to Title 8 of the San Bernardino Municipal Code, that any vehicle used to solicit an act of prostitution or to acquire or attempt to acquire a controlled substance is a nuisance subject to seizure and impoundment. FIRST READING (Continued from August 6, 2007) City Attorney Penman requested that this matter be continued to November 19, 2007. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the CounciliCommission meeting of November 19, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarmnack. Nays: None. Absent: None. 47. Election of Mayor Pro Tem Note: No backup materials were distributed. Mayor/Chairman Morris stated that this Council decided to change the format of the Mayor Pro Tem' s tenure of service from monthly to annually. Council Member/Commissioner Derry stated that it was his proposal to bring this item to the Legislative Review Committee and through the legislative process to the full Council. He stated that he believed it was important to have a Mayor Pro Tem elected on an annual basis so we know who to turn to when and if the Mayor is incapacitated or out of town and there is an emergency. He stated that he felt it was for the good of the order that they do so instead of having a monthly rotating Mayor Pro Tem. Mr. Derry nominated Councilwoman Wendy McCammack as Mayor Pro Tem. Council Member/Commissioner McCammack respectfully declined that nomination because she stated that she would hate for anyone to consider that the Mayor Pro Tem's position would be used as an election or re-election technique, and she thought it would cast what might appear to be an unfair advantage for anyone running for election or re-election. Council Member/Commissioner McCarmnack made a motion, seconded by Council Member/Commissioner Baxter, that Councilman Derry be elected Mayor Pro Tem for the coming year. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarmnack. Nays: None. Absent: None. 23 08/20/2007 48. Discussion of Economic Development Agency Budget Council Member/Commissioner Derry stated that they have discussed the $8 million left in the Economic Development Agency budget that had not been appropriated during the budget process, and at that time he was told that it would be brought back after the Urban Land Institute briefing they had today. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that a workshop be scheduled for September 4, 2007, for discussion of the Economic Development Agency Budget. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 49. Resolution adopting the Capital Improvement Program (CIP) for FY 2007/2008 to 2011/2012 RES. 2007-364 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 2007/2008 through 2011/2012 Capital Improvement Program. Mayor/Chairman Morris stated that due to potential conflicts of interest which require certain Council Members and the City Attorney to recuse themselves from voting on Capital Improvement Projects located within 500 feet of real property which they own or in which they have an interest, three separate actions would be taken to approve the CIP. Mayor Morris stated that on the first action, all members of the Council may vote to adopt the resolution and Exhibit A, which includes all projects in the CIP, except those noted in the resolution which pose a conflict of interest for specified Council Members and the City Attorney. He stated that because of the need to maintain a quorum for each vote, two additional votes would be taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution and Exhibit" A" be adopted, which includes all projects in the Capital Improvement Program except those listed which pose a potential conflict of interest to City Attorney Penman and Council Members/Commissioners Estrada, Baxter, Brinker, Johnson and McCanunack; and that the Director of Finance be authorized to amend the FY 2007/08 budget to incorporate the completed FY 2007/08 Capital Improvement Program (CIP) into the Final FY 2007/08 budget. 24 . 08120/2007 The motion carried and Resolution No. 2007-364 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Council Member/Commissioner Baxter stated that he would abstain from voting on Exhibit "B" because he owns or has an interest in real property within 500 feet of CIP No. SS04-116; Council Member/Commissioner McCammack stated that she would abstain from voting on Exhibit "B" because she owns or has an interest in real property within 500 feet of CIP Nos. SS06-20, SS06-90, SS07-27 and SW08-08; and City Attorney Pemnan stated that he would abstain on Exhibit "B" because he owns or has an interest in real property within 500 feet of CIP No. PR07-09. They left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the CIP projects listed in Exhibit "B" be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Members/Commissioners Baxter, McCammack. Absent: None. Council Member/Commissioner Estrada stated that she would abstain from voting on Exhibit "C" because she owns or has an interest in real property within 500 feet of CIP No. PR04-08; Council Member/Commissioner Brinker stated that he would abstain from voting on Exhibit "C" because he owns or has an interest in real property within 500 feet of CIP Nos. SS04-51 and SS06-102; and Council Member/Commissioner Johnson stated that he would abstain from voting on Exhibit "C" because he owns or has an interest in real property within 500 feet of CIP Nos. SS07-11, SS06-11, and SW04-4l. They left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the CIP projects listed in Exhibit "C" be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Members/Commissioners Estrada, Brinker, Johnson. Absent: None. 25 08/20/2007 50. An Ordinance of the City of San Bernardino adding Section 19.06.027 to the San Bernardino Municipal Code (Development Code) and prohibiting the establishment and operation of new parolee/probationer group homes, registered sex offender group homes, and unlicensed group homes. Mayor/Chairman Morris stated that he had been informed by Councilman Kelley, Legislative Review Committee (LRC) Chairman, that this issue was discussed at length, and a decision was made by the committee to schedule a Council workshop on this matter. He stated that the purpose of a workshop would be to ensure that they have all the facts, options and ideas in front of them before they make a decision on how to address the complex issue of group housing in single- family residential neighborhoods. The Mayor's office and the City Attorney were both present at the LRC meeting and there were no objections raised as to the direction given by the committee. He understood that the City Manager was currently making arrangements for that workshop. Mayor Morris stated that at the last Council meeting he urged that they not let the moratorium continue indefInitely because the law allows moratoriums to continue for a prolonged period for almost two years, and that is simply too long for them to sit still. As a result, the Mayor urged the Council that they should move decisively because they are behind the curve considering what other cities have done to address the issue of group housing in single-family residential neighborhoods. Mayor Morris stated that at the last meeting he reiterated the fact that they need to follow the legislative process established in the City and work through the LRC so they can arrive at a well-considered policy decision on this complex issue. He stated that the matter has now been taken up by LRC, and he respects their decision to set a workshop on the matter as he feels it will help them make a better policy decision. City Attorney Pemnan stated that at the last meeting it was discussed that they normally refer matters to LRC, .and they would try to get an ordinance adopted before the expiration of the current moratorium. He stated that he had been informed that the City Manager's offlce was working on a workshop and trying to get a moderator; however, last week they were informed by the City Manager's offlce that they were having trouble locating a neutral moderator. When he informed the City Manager that the Council needed to begin the process at the August 20 Council meeting to stay within the Mayor's time parameters, he was told that they could not possibly hold a workshop at that meeting. In order to try to satisfy both the desire to get an ordinance on the books before the end of the moratorium, and to refer to LRC, Mr. Pel1Illan stated that they came up with an alternative motion that the Director of Development Services be directed to initiate a Development Code Amendment to add Section 19.06.027 to the Development Code and/or that the matter be referred to the Legislative Review Committee. 26 08/20/2007 Mr. Penman stated that the Mayor's desire that the matter go to LRC is more important than staying within that 45-day moratorium. He stated that he agreed with the Mayor that it should be sent to LRC. He advised that they would not be able to adopt an ordinance within the 45 days, because there would not be time, but what they could do on September 17, which is the last day before the moratorium expires, is extend the 45-day moratorium pursuant to Government Code Section 65858 for up to an additional 10 months and 15 days. He stated that that would enable the moratorium to remain in effect, which would give the Council an opportunity to look at a variety of ordinances. Mayor/Chairman Morris stated that he received approximately 25 speaker slips on this item, and he urged those who came to the Council meeting to speak on this subject today to consider coming to the workshop to discuss their concerns about this issue. He stated that at that workshop they will have ample time as a community to move forward with information gathered from a variety of sources to make what he hopes will be some intelligent policy decisions for the City. City Attorney Penman agreed with the Mayor, stating that it would probably be better if the speakers came to the Legislative Review Committee meeting instead of spending a lot of time here today. Council Member/Commissioner Kelley stated that he was prepared to move form Motion No.2, that the matter be referred to the Legislative Review Committee. Speaking as Chair of the LRC, he stated that they did have an opportunity to meet and discuss this matter and it was his desire that a workshop be set-he welcomed the opportunity to meet once the City Manager has secured a moderator so the entire Council can provide their input and they can hear from the public. Mayor/Chairman Morris stated that he thought the intent was to hold a workshop with the entire Council present as opposed to the three-person Legislative Review Committee. Council Member/Commissioner Kelley stated that that was the intention so that the entire Council could provide their input on this issue. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to a. Council workshop. Council Member/Commissioner Brinker stated that this is a very complex issue and so far they have been dealing with it in very limited terms. He stated that they had a chance at their last Legislative Review Committee meeting to begin to talk about some of the broader aspects of this issue, and he felt by bringing it back at an informational meeting where they would have a chance to sit down in a study session and really look at the complexity of the issue, they would be able to 27 08/20/2W7 make a better decision. He stated that they keep talking about parolees, but it really fits into the broader context of public safety. He stated that whatever they do, there are about 40-50 parolees coming to our City every week and they're going to keep coming every week. Mr. Brinker stated that they could address just the issue of housing, but there is also the issue of substance abuse-85 percent of these people return with a substance abuse problem. He stated that they need to address the issue of jobs, and ultimately, whatever decision they make, making the City safer needs to be their priority. He stated that he worries that if they rush to make decisions, they will have a lot of unintended consequences. Mr. Brinker stated that as they talk about this issue of parolee housing, he's inclined to think that they need to have some sort of housing and that they have to address that issue more thoroughly. He stated that as a general principle, he doesn't believe that large group homes in single-family neighborhoods is the right answer, but he doesn't know what the right answer is. Council Member/Commissioner Derry stated that several cities in our region already passed similar ordinances. He stated that San Bernardino does have more than its fair share of parolee population due to affordability issues. He stated that we have to deal with the issue of demographics and other things that drive the economy. He stated that you can only absorb so much of the parolee population in any given city, and other cities do not have what he would consider their fair share. Mr. Derry stated that he didn't think anybody disagrees that they should be helping or doing what they can to assist those parolees coming back to our City who are originally from our City. They are our people and they've grown up in our community, and we have a certain responsibility for them, but we now have parolees from allover the Inland Empire and all over San Bernardino County that are coming to San Bernardino. He stated that it has become very clear that the State of California is not rehabilitating people-they haven't been for many years-but the place where you're going to rehabilitate them is while they're still in jail or prison where they're basically a population with very little to do except to try to educate themselves and lift weights. He stated that he would like to get rid of all the weight machines, and have a requirement that they work on their education. He stated that he thought that would be a far more beneficial place to do that rather than having them released into the communities where the communities are then responsible for that education. Council Member/Commissioner Baxter stated that they need to look at employment-they need to get people to work in the City of San Bernardino and that includes both parolees and non-parolees. However, there is the issue of people feeling safe in the City and both sides need to be balanced out. 28 08/20/2007 Council Member/Commissioner Estrada stated that this is a community of over 200,000 people, so the fact that we have a larger number of parolees is attributable to the fact that this is a much larger community. Council Member/Commissioner McCammack stated that she agreed with Mr. Derry in that she believed the ordinance the way it is written is acceptable and appropriate for what they do deal with, but she didn't see any reason this Council could not adopt both motions. She stated that it was specifically written that way so that they could at least get moving on getting the problem solved, and if this body determines that there is some deviation from this ordinance during the workshop, they could certainly make an amendment. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Derry, that the Director of Development Services be directed to initiate a Development Code Amendment to add Section 19.06.027 to the Development Code; and that the matter be referred to a Council workshop. Council Member/Commissioner McCammack requested that they be given something concrete to act upon at the next workshop. She stated that her concern is if they don't act, they will be infiltrated with parolee housing that they will not be able to control. Council Member/Commissioner McCammack withdrew her substitute motion. City Attorney Penman stated that he hoped the Council would extend the moratorium on September 17, 2007, and keep it in effect until such time as they make a final decision on which ordinance they want. He stated that they didn't have to extend the moratorium the full 10 months and 15 days. Mayor/Chairman Morris suggested that anyone wanting to be notified of the date and time of the workshop should complete a speaker slip. Mayor/Chairman Morris called for a vote on the original motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Brinker, that the matter be continued to a Council workshop, at a date and time to be determined by the City Manager. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29 08/20/2fXY7 1--- COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: None. R51. Presentation of Urban Land Institute (ULI) Recommendations and Findings- Downtown Central Business District Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council ("Council") and Community Development Commission of the City of San Bernardino ("Commission") receive the Urban Land Institute (ULI) Summary Presentation of June 29, 2007, on San Bernardino's Central Business District ("Downtown") and direct staff to evaluate the ULI recommendations and develop implementation strategies in collaboration with the County of San Bernardino for review and approval by the Council and Commission within 90 days from the date of this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 52. RES. 2007-365 - Resolution of the Mayor and Common Council of the City of San Bernardino in support of AB 844 to prohibit junk dealers or recyclers from providing payment for nonferrous material, as dermed, unless, except as specified, the payment is made by check. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-365 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 53. Public Comments Chelsea Lock, 3238 Roberds Avenue, San Bernardino, CA, asked the Council to quit arguing and do something about the issue of sex offenders and criminal group homes. Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, stated that she was shocked to witness last week's Council meeting which was a smack down of 30 08/2012007 each other's characters and abilities. She asked that they try harder to recognize that children are watching them and want to emulate what they see. Michelle Freeman, 2910 N. Mountain View Avenue, San Bernardino, CA, stated that she was thankful she had a place to go when she got out of prison. She stated that they have to go somewhere, but who is to say what is safe and where. Demetrius Sims, San Bernardino, CA, requested that the Mayor and Council look into the issue of homelessness of mentally ill people in the City. Reverend Vines, 2662 N. "E" Street, San Bernardino, CA, stated that they have been waiting for seven months for a letter of agreement relative to the garden at Anne Shirells Park. He stated that they want to move forward with the project and they need the Memorandum of Understanding. He asked if that process could be expedited. James Smith, P.O. Box 3192, San Bernardino, CA, spoke about an article that appeared in the newspaper regarding a historical building on the west side of the City-Casa Ramona. He indicated that Casa Ramona has gone through a tremendous financial strain over the last 10-15 years, and stated that he would appreciate receiving any information that Councilwoman Estrada or any of the board members could share with the Historical Preservation Commission so that they might be able to help them in the preservation of that historic building. Charles Greenwood, City employee, stated that there is a lot of misrepresentation going on in not following the rules and regulations of their MOU. He stated that several of the probationary employees are being intimidated by management. He stated that they are under stress and are overworked, and it's not a good working environment right now. Mr. Greenwood stated that something had to be done about this problem. The following individuals spoke regarding an incident of police brutality and racism that occurred during a vigil that was being held for Charles Marshall who died as the result of a shooting that took place at the Dorjil Estates on August 18, 2007: Diane McKenzie, 1864 Bradley Court, San Bernardino, CA; Rashawn Wilson, 1863 Bradley Court, San Bernardino, CA; Dhani Olive, 1864 Bradley Court, San Bernardino, CA; Ne Ne McKenzie, 1864 Bradley Court, San Bernardino, CA; Tommy H. Nelson, 1863 Bradley Court, Apt. C, San Bernardino, CA; Trina Newman, 1863 Bradley Court, Apt. D, San Bernardino, CA; Judith Little, 1863 Bradley Court, Apt. D, San Bernardino, CA. 31 08/20/2007 Chief BiUdt stated that he was aware of this incident and had already assigned Internal Affairs to investigate the matter. The following individuals spoke regarding parolees and group homes and the homeless: Kim Carter, San Bernardino, CA; Shamim McGee, 3372 N. Wall Avenue, San Bernardino, CA; Chante Walls, San Bernardino, CA; Beverly Smith, 1064 N. "0" Street, San Bernardino, CA; Ellen Timothy, San Bernardino, CA. 54. Adjournment At 6:56 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, September 4, 2007, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By~L~~ Linda Sutherland Deputy City Clerk No. of Items: 54 No. of Hours: 5.5 32 08/20/2007 . CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Potriek J. Morris CouncU Members: Esther Estroda Dennis J. Baxter Tobin Brinker Neil Derry ChDs Kelley Rikke Van Johnson Wendy McCammack w MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 4, 2007 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 1:45 p.m., Tuesday, September 4, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RoD CaD Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Johnson; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Brinker, Kelley, McCammack. Council Member/Commissioner KeDey Arrived At 1:50 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. Council Member/Commissioner Brinker Arrived At 2:20 p.m., Council Member/Commissioner Brinker arrived at the Council/ Commission meeting. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 09/04/2007 . Winston Hazell English v. San Bernardino Police, et al. - United States District Court Case No. EDCV 05-823 RGK (JWJ); City v. Esther Solis - San Bernardino Superior Court Case No. CIVSS 703498; R. Roger Wang, et aI. v. WaI-Mart Real Estate Business Trust, et aI. - San Bernardino County Superior Court Case No. SCVSS 129158; People v. Manta Management Corporation - San Bernardino Superior Court Case No. SCVSS 1I7285; Deanna Adams v. City, et aI. - 4tb District Court of Appeals No. G038713 (San Bernardino Superior Court Case No. SCVSS 126708); Ghassan Abdullah, et aI. v. City, et aI. - 4tb District Court of Appeals No. G038714 (San Bernardino Superior Court Case No. SCVSS 126706). B. Conference with legaI 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 legaI 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. City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item lA, Existing Litigation: 2 09/04/2007 , Eva Walker v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 703417. Under Agenda Item lB, Significant Exposure to Litigation: Agenda Item No. 10. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor Morris requested a moment of silence in memory of the victims of the September 11, 2001, terrorist attacks on New York City and Washington, D.C. and to honor the memory of our native daughter, Cora Hidalgo Holland, and San Gorgonio High School graduate Rhonda Rasmussen, both of whom lost their lives six years ago. InvocationJPledge of Allegiance The invocation was given by Reverend Fred Adams of The Rock Church, followed by the pledge of allegiance, led by D'Asia Mumphrey, a student at Ramona Alessandro School. 2. Appointments Bicentennial Ad Hoc Committee . Valerie "Erin" Brinker - Council Member Brinker . Alycia Enciso - Alternate Member - Mayor Morris Community Television Commission . Shukri "Shawn" Sakiri - Council Member Kelley Human Relations Commission . Christina Benjamin - Council Member Baxter Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the appointments of Valerie "Erin" Brinker, Alycia Enciso, Shukri "Shawn" Sakiri, and Christina Benjamin, as requested by Council Members/Commissioners Brinker, Kelley and Baxter and Mayor Morris, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCamrnack. 3 09/04/2007 , 3. Proclamations & Presentations Council Member/Commissioner Kelley presented a Certificate of Appointment to Richard Castro, who was appointed to the Verdemont Trails Committee. Wayne Austin, Executive Director of the San Bernardino Convention and Visitors Bureau, and Andrea Winter, Director of Communications, provided information regarding the upcoming Route 66 Rendezvous event. Council Member/Commissioner Johnson made a presentation to Malcolm Franklin, who has been selected as a member of the 2008 Olympic Boxing Team. Peggi Hazlett, Assistant to the Mayor, advised that Ray Gonzales from Southern California Edison could not be present for his scheduled presentation on "Operation Light Exchange" a halogen light exchange program that Edison will be doing in the city of San Bernardino. For more information on this program she suggested that residents call the Mayor's office at 384-5133. She stated that Mr. Gonzales would be at the next Council meeting to present a new Graffiti Abatement Program that Edison will be initiating here in the city. 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 Estrada 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 by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 6. Claims & Payroll Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 14, 2007, from Barbara Pachon, Director of Finance, be approved. 4 09/04/2007 , The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 7. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated August 31, 2007 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 by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 8. Item Deleted 9. ORD. MC-I2S4 - Ordinance of the City of San Bernardino adding Chapter 2.19 to Title 2 of the San Bernardino Municipal Code establishing a Youth Advisory Commission. FINAL READING Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1254 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Br,inker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. - 10. Resolution of the Mayor and Common Conncil of the City of San Bernardino authorizing the execution of an agreement between the City of San Bernardino and WeDs Fargo Bank N.A. for the provision of banking services and the deposit of monies. Staff requested that this item be continued to the next meeting. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of September 17, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 5 09/04/2007 . 11. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the retention of Atkinson, Andelson, Loya, Rudd & Romo for legal services provided in the case of Evlyn Wilcox v. Karl Verjil (Marianne MilUgan, Real Party in Interest), San Bernardino County Superior Court, Case No. CIVSS 705111. City Attorney Penman declared a conflict due to the fact that the case involved his opponent in the upcoming City election. He left the dais and was replaced by Senior Assistant City Attorney Easland. Ms. Easland advised that staff was requesting a continuance of this matter due to the fact that the City had not received the final billing on this matter. Council Member/Conunissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Conunission meeting of September 17, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCanunack. I 12. RES. 2007-366 - Resolution of the Mayor and Common Council of the City of San Bernardino approving an agreement with Caltrop Corporation for provision of professional on-call engineering consulting services. Council Member/Conunissioner Estrada made a motion, seconded by Council Member/Conunissioner Baxter, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 adopted budget and transfer $16,700 from Salary and Benefits, Account No. OOl-183-50XX, to Professional/Contractual, Account No. 001-183-5502. The motion carried and Resolution No. 2007-366 was adopted by the following vote: Ayes: Council Members/Conunissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Conunissioner McCanunack. 13. Item Deleted 14. RES. 2007-367 - Resolution of the City of San Bernardino authorizing and directing the execution of quitclaim deed for a sewer easement, to Waterman BP, LLC, generally located east of Waterman Avenue between Industrial Road and Commercial Road. 6 09/04/2007 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-367 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 15. RES. 2007-368 - Resolution of the City of San Bernardino approving Amendment No.3 to Services Agreement with Jones & Stokes for provision of professional environmental services for the design of the Mt. Veroon Ave. Viaduct over the BNSF Railroad. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-368 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 16. RES. 2007-372 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A resolution...designating certain streets, or portions thereof as through highways..." and establishing a four- way stop at the intersection of Pennsylvania Avenue and Virginia Street. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-372 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council ~ber/ Commissioner McCammack. ' 17. RES. 2007-369 - Resolution of the City of San Bernardino authorizing the execution of an agreement with Mercer Health and Benefits LLC to provide broker and administration services for the City's Health Care Program for a period of three years. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 adopted budget to reflect all employee health costs in the appropriate departmental budget and to budget the administrative and broker fees in the General Government Contractual Services budget. 7 09/04/2007 The motion carried and Resolution No. 2007-369 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 18. RES. 2007-370 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Annual Purchase Order Number 208213 in the amount of $92,001.00 to the County of San Bernardino Solid Waste Management Division pursuant to 3.04.010 B-3 of the Municipal Code for street sweeping and right-of-way crew waste fees. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-370 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kell~y, Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 19. RES. 2007-371 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Annual Purchase Order Number 208234 to County of San Bernardino Solid Waste Management Division pursuant to 3.04.010 B-3 of the Municipal Code for dump waste fees utilized by the Public Services Department, Integrated Waste Management Division. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-371 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley. Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 20. Item Deleted 21. Proposed Mural Program and Pilot Projects Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council approve the mural pilot project sites; that the Director of Finance be authorized to amend the FY 2007/08 budget to increase the transfer from the Cultural Development Fund to the General Fund by $20,000, and appropriate an additional $20,000 in General Government/Fine Arts and Cultural Affairs, Account No. 001-091- 5186; and that the proposed mural program be referred back to the Police Ad Hoc Committee for further discussion. 8 09/04/2007 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 22. An Ordinance of the City of San Bernardino amending Sections 3.44.010 and 3.44.030 of the San Bernardino Municipal Code Chapter 3.44, Telephone User's Tax to clarify original intent and remove obsolete references. FIRST READING (Continued from August 6, 2007) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of September 17, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 23. RES. 2007-373 - 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 Omnipoint Communications Inc. for the lease of one thousand square feet (1000) of land at Wildwood Park, 536 E. 40th Street. (Continued from August 20, 2007) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Council Member/Commissioner Brinker stated that he thought the revenue stream from this lease should go back into Wildwood Park. Council Member/Commissioner Brinker made a substitute motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; and that the revenue stream from this lease be designated for Wildwood Park. City Manager Wilson stated that there is a second lease coming forward to the Council for a different park location, and he cautioned the Council that while the parks have needs, there are many other needs throughout the city. He stated that if the Council was inclined to recommend that the money be appropriated for park purposes, he would suggest that the Parks Director bring back a report to the next meeting outlining specifically what we spend the money on as opposed to simply amending the motion. That way we have some clarity on where the money goes and over what time frame. 9 09/04/2007 Mr. Brinker said he would rather go ahead and move forward with the proposed motion-that he liked the idea of creating a stable revenue source for the parks. He added that if it would be better to say that it just goes to Parks and Rec, as opposed to a specific park, he would be amenable to that. Council Member/Commissioner Johnson stated that he agreed that the money should go back into the parks; however, he would like the Parks Director to have the flexibility to use the money wherever the need arises rather than to have it designated for a specific park. Council Member/Commissioner Estrada inquired whether this could be made retroactive, because there are several of these towers in our parks. Mayor/Chairman Morris stated that that might take some analysis. Council Member/Commissioner Kelley stated that he thought all of the Council would agree that the Parks Departtnent does need funding, and it would be nice to revisit what has been done in the past-and if that could be done, he would support that. However, he thought the Council needed to take some leadership and say that from this point forward they will do X, Y, Z; and Wildwood does have some needs and he thought this would be a great opportunity to support this park. Council Member/Commissioner Brinker stated that he thought that having the money go to a specific park would make it more easily accountable. City Manager Wilson stated that in talking with the Parks Director one of the big needs that he has identified is the need for park maintenance services throughout the entire park system. He suggested that staff be given a chance to look at this pot of money, as well as the upcoming lease agreement, and come up with a way to identify the needs and hire more park maintenance people and deal with all the issues of the system. Mr. Brinker said he did not think that would be an issue. The substitute motion made by Council Member/Commissioner Brinker, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; and that the revenue stream from this lease be designated for Wildwood Park carried; and Resolution No. 2007-373 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, Brinker, Derry, Kelley. Nays: Council Members/Commissioners Estrada, Johnson. Absent: Council Member/Commissioner McCanunack. 10 09/04/2007 24. RES. 2007-374 - Resolution of the City of San Bernardino authorizing the City Manager to execute Services Agreements with Willdan Associates, Interwest Consulting Group and Esgil Corporation for the provision of professional building plan check services. (Continued from August 20, 2(07) Council Member/Commissioner Johnson made a motion. seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the City Manager be authorized to execute Services Agreements with Willdan Associates, Interwest Consulting Group, and Esgil Corporation, and that the Purchasing Manager be authorized to issue annual purchase orders totaling $450,000 in aggregate, with provisions for two single-year renewal options. The motion carried and Resolution No. 2007-374 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCanunack. 25. RES. 2007-375 - Resolution of the City of San Bernardino amending Resolution No. 6413, Section Thirteen, TemporarylPart-time Employees, entitled in part "A Resolution ... establishing a basic compensation plan..." by updating information codifying prior Council actions. (Previous action was taken on this item on August 20,2007, Item No. 44) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-375 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCanunack. 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order with two one-year renewal options to Harris Computer Systems for maintenance of the City's fmancial system. (Continued from August 20, 2007) Note: No resolution was distributed with the backup materials. Staff requested continuance of this item to the next meeting. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of September 17, 2007. 11 09/04/2007 The motion carried by the following vote: Ayes: Council Members! Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member! Commissioner McCammack. 27. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order with two one-year renewal options to Accela, Inc., for maintenance of the Permits+ system. (Continued from August 20, 2007) Staff requested continuance of this item to the next meeting. Council Member!Commissioner Brinker made a motion, seconded by Council Member!Commissioner Johnson, that the matter be continued to the Council! Commission meeting of September 17, 2007. The motion carried by the following vote: Ayes: Council Members! Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member! Commissioner McCammack. 28. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order with two one-year renewal options to Sungard HTE for maintenance of the Water Department's Financial and Utility Billing System. (Continued from August 20, 2007) Note: No resolution was distributed with the backup materials. Council Member!Commissioner Estrada made a motion, seconded by Council Member!Commissioner Baxter, that the matter be continued to the Council! Commission meeting of September 17, 2007. The motion carried by the following vote: Ayes: Council Members! Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member! Commissioner McCammack. 29. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Services Agreement and issuance of a purchase order in the amount of $90,000.00 with two one-year extensions at the City's option between the City of San Bernardino and Peter John Container Repair for commercial bin repairs utilized by the Public Services Department, Integrated Waste Management Division. (Continued from August 20, 2007) 12 09/04/2007 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of September 17, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 30. RES. 2007-376 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium & Haws and the City of San Bernardino and San Bernardino Fire Department in the case of Richard "Scott" Moss, et al. v. City of San Bernardino, et al. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-376 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 31. Workshop to discuss the Economic Development Agency Budget Note: No backup materials were distributed. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/ Commission meeting of September 17, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 32. RES. 2007-377 - Resolution of the City of San Bernardino authorizing the law fmn of Jones and Mayer to represent the Police Chief of the City of San Bernardino in litigation intervening in the early release of State prison inmates pursuant to the Prison Litigation Reform Act. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2007-377 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 13 09/04/2007 City Attorney Penman pointed out that in compliance with Charter Section 241, he had given written consent for this outside representation. COMMUNITY DEVEWPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson; Economic Development Agency Executive Director Pacheco and Special Counsel Saba, City Clerk Clark. Absent: Council Member/Commissioner McCammack. R33. Property owner hearing - resolution of public interest and necessity for acquisition of real property - 701 W. SU' Street - Inrmite State, Inc. RES. CDC/2007-26 - Resolution of the Community Development Commission of the City of San Bernardino declaring the public interest and necessity of acquisition of real property by the Redevelopment Agency of the City of San Bernardino for community redevelopment purposes over the property located at 701 West SU' Street, San Bernardino, California (lmmite State, Inc. - APN: 0134-093-08 and 09) in the Central City North Redevelopment Project Area. Mayor/Chairman Morris opened the hearing. Maggie Pacheco, Executive Director, Economic Development Agency, stated that this Commission authorized the Agency to commence an acquisition program back in 2005, giving them the authority to buy 27 parcels. She stated that this was one of the parcels in the downtown area-specifically the southwest corner of 5th and G Streets. She stated that staff has been attempting to negotiate the acquisition of the property, but they have not been successful in that regard. To that end, staff was here to present to the Commission six findings of fact that they must consider before they adopt a resolution of necessity. Ms. Pacheco advised that this was a hearing for the property owners to give their statement of facts, and the Agency had been presented with a letter stating that they would like to enter into the public record their position on the resolution of necessity. She stated that her discussions with legal counsel for the property owner has been that inasmuch as the Agency is asking the Commission to adopt this resolution of necessity, that does not preclude them from negotiating with the property owner outside of the court process. For this reason staff was recommending that the Commission proceed with the resolution of necessity. No public comments were received. ,- 14 09/04/2007 I Mayor/Chairman Morris noted that staff had received a letter by facsimile sent by the law firm that represents the owner of the property, which was entered into the record. He reiterated that their action today making the required fmdings does not preclude a continuing dialogue with the owner outside of the judicial process. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. CDC/2007-26 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCanunack. 34. Public Comments Anthony Garcia, 966 N. Crescent, San Bernardino, CA, stated that he lives in a sober living home and has been in the city for the last ten years. He stated that he has been under a lot of scrutiny and has been harassed and interrogated; and it is the City Attorney who has instigated this by using fire marshals and Code Enforcement to force entry into his home. He stated that what the City Attorney is doing is illegal and asked for a citizen's arrest of City Attorney Pemnan. 35. Adjournment At 4:36 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, September 17, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By: RACHEL G. CLARK City Clerk 4c.~ Linda E. Hartzel . Deputy City Clerk No. of Items: 35 No. of Hours: 3e 15 09/04/2007