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HomeMy WebLinkAbout06-Council Minutes Mayor Patrick J. Morris CITY OF SAN BERNARDINO Council Members: 300 N. "D"Street Esther Estrada Dennis J. Ba=ter San Bernardino, CA 92418 Tobin Brinker Website: www.sbcity.org Neil Derry San Bern gnu Chas Kelley ltikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 17, 2007 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernazdino was called to order by Mayor/Chairman Morris at 1:32 p.m., Monday, September 17, 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, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Kelley. Council Member/Commissioner Kelley Arrived At 1:54 p.m., Council Member/Commissioner Kelley 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): City of San Bernardino v. San Bernardino Stampede aka Inland Empire 66'ers -San Bernardino Superior Court Case No. SCVSS 137723; 1 09/17/2007 Diamond Concessions, Inc. v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. CNSS 700129; Emelio S. Flores v. City of San Bernardino -San Bernardino Superior Court Case No. CNSS 700464; Frank Ingram, III, et al. v. City of San Bernardino, et al. -United States District Court Case No. CV OS-00925 (SGLx); Jamie Johnson v. City of San Bernardino, Wackenhut, et al. -United States District Court Case No. EDCV 07-00028; People v. Union Pacific Railroad, City of San Bernardino, et al. -San Bernardino Superior Court Case No. SCVSS 144269. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation -pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills Project) 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: Redevelopment Agency of the City of San Bernardino v. Ammons et al. - San Bemazdino Superior Court Case No. SCVSS 140809. 2 09/17/2007 Under Agenda Item No. 1C, Anticipated Litigation and Initiation of Litigation: The City and Thomas Wayne Kanavos, Turrill Transitional Assistance Program, Inc. and Fiorella R. Reque, and Does 1-10. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Grace Pierson, Chutch Moderator for the 1~` Congregational United Church of Christ, followed by the pledge of allegiance, led by Vivian Zarate, a student at Anderson School. 2. Appointment -Amanda Jacobs -Human Relations Commission -Council Member Kelley Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the appointment of Amanda Jacobs to the Human Relations Commission, as requested by Council Member Kelley, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Brinker, Derry, Kelley, 3ohnson, McCammack. Nays: None. Absent: Council Member/Commissioner Estrada. Council Member/Commissioner Estrada Arrived At 3:19 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. 3. Presentations & Proclamations Mary Renter, a 5'" generation descendant of James Waters, a well known mountain man and fur trapper who teamed up with Herman Brinkmeyer in 1882 to build an Opera House at Court and "D° Streets, donated ten opera chairs that were in the James Waters Box at the Waters and Brinkmeyer Opera House and four portraits belonging to the estate of James Waters. Accepting the donations were Mayor Morris and Steve Shaw, President of the San Bernardino Historical Society. Mayor Morris presented a proclamation designating September 15, 2007 through October 15, 2007, as Hispanic Heritage Month to Alycia Enciso, a member of the City's newest commissions, the Historical Preservation Commission and the Bicentennial Ad Hoc Committee. 3 09!17!2007 Ophelia Roop, City Librarian, announced that in celebration of Banned Books Week (September 30 through October 6), world-renowned author Ray Bradbury will be the guest speaker of the San Bernardino Public Library on Tuesday, October 2, at 7 p.m., at the Sturges Center for Fine Arts. She stated that Mr. Bradbury's book, Fahrenheit 451, is the second annual selection for the library's One Book, One City program. 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 Department Years of Service Patricia Johns Code Compliance 10 Eugene Cahoon Development Services 10 Alain Martinovic Fire 5 Christopher Johnson Police 5 Robert Richazdson Public Services 5 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding vazious civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that full reading of the resolutions and ordinances on the regulaz 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. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 5, 2007, from Bazbaza 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. a o9n~r2om 7. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated September 11, 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, as amended, excluding the unclassified actions dated September 10, 2007. Mayor/Chairman Morris stated that the Ciry Charter allows approvals of higher acting appointments to be done by the City Manager and they do not requue approval by the Council. Council Member/Commissioner Brinker stated that if the Council had been voting on these items in the past, why did the practice suddenly change. He requested that he be provided something in writing. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Brinker. Absent: None. 8. RES. 2007-375 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Brunick, McElhaney & Beckett and the City of San Bernardino in the case of Eva Walker v. City of San Bernardino, et al. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-378 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. Resolution approving Amendment No. 1 to Professional Services Agreements with Hall and Foreman, Inc. and AEI-CASC Consulting for on-call plan review services and Resolution amending Resolution No. 2006-149 for outside plan checking services RES. 2007-379 -Resolution of the City of San Bernardino amending Resolution No. 2006-149 entitled in part "Resolution...provisions for contract plan checking provided by City employed consultants and providing new methods for assessing fees to applicants and compensating consultants." (9A) 5 09l17l20(Y7 RES. 2007-380 -Resolution of the City of San Bernardino approving Amendment No. 1 to agreements for services with Hall & Foreman, Inc. and AEI-CASC Engineering, Inc. D.B.A. AEI-CASC Consulting for on-call plan review services. (9B) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A & B, be adopted. Resolution Nos. 2007-379 and 2007-380 were adopted by the following vote: Ayes: Council MemberslCommissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2007-381 -Resolution of the City of San Bernardino consenting to a reorganization consisting of the detachment of a certain parcel of land from the City of San Bernardino sphere of influence and City boundary and attachment to the sphere of influence and annexation to the City of Highland generally located at the northerly terminus of Applewood Street in the City of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-381 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2007-382 -Resolution of the City of San Bernardino approving Amendment No. 3 to Services Agreement with LAN Engineering Corporation for provision of professional project management services for the design of the Mt. Vernon Ave. Viaduct over the BNSF Railroad. Council MemberlCommissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-382 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2007-383 -Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the F'I' 2007 Homeland Security Grant Program Budget Detail Worksheet to the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. 6 0911712007 Resolution No. 2007-383 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2007-384 -Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the FY 2007 Metropolitan Medical Response System (MMRS) grant program budget detail worksheet to the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-384 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2007-397 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into a new agreement with the San Manuel Band of Mission Indians to provide fu•e protection, EMS, fire prevention services, emergency dispatching, IT support and fu•e apparatus maintenance to their tribal lands. Council Member/Commissioner McCammack abstained due to the fact that San Manuel is one of her business clients. She left the Council Chambers and returned after the vote was taken. City Attorney Penman stated that Native American tribes have sovereign immunity under Federal law and cannot be sued unless they agreed to be sued. He stated that since the tribe has declined to waive sovereign immunity, the City would not be able to enforce the agreement, except in one limited azea; therefore, he declined to sign the agreement. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council adopt said resolution; Authorize the addition of one (1) Dispatcher I position, Range 1366 ($2,755- $3,348), to begin employment on December 1, 2007; Authorize the addition of one (1) Equipment Mechanic I position, Range 1378 ($2,925-$3,555), to begin employment on December 1, 2007; Authorize the Human Resources Department to update Resolution No. 6413, Section Ten, to reflect this action; and 7 09!17/2007 Authorize the Finance Duector to amend the FY 2007/08 adopted budget to reflect in the Fire Acquisition Fund (211) $863,300 (rounded) to be received in revenue from this contract and the corresponding planned expenditure of these funds as outlined in the staff report dated August 28, 2007 from Michael J. Conrad, Fire Chief. The motion carried and Resolution No. 2007-397 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. 15. Authorization for the City Clerk to certify the employee election, the certification of compliance with Government Code Section 7507 and the certification of governing body's action concerning implementation of the PERS 2.7°~ CgI 55 Retirement Benefit Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the City Clerk be authorized to certify the employee election, the Certification of Compliance with Government Code Section 7507, and the Certification of Governing Body's Action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. Ordinance authorizing an amendment to the contract betw~n the Public Employees' Retirement System (PERS) and the City of San Bernardino to provide a 2.7% (pI 55 retirement benefit for miscellaneous employees ORD. MC-1255 - An Ordinance of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the wntract between the Mayor and Common Council of the City of San Bernardino and the Board of Administration of We California Public Employees' Retirement System. FINAL READING (Continued from August 20, 2007) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1255 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCatmnack. Nays: None. Absent: None. s 09~t7~2007 17. RES. 2007-385 -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 optioas to Accuvant Inc. for maintenance of the City's sidewinder firewalls and span and web filltering software for protection of resources on We City's Intranet. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 200?-385 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2007-386 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-386 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-387 -Resolution of the Mayor and Common Council authorizing the City Manager to execute a Commercial Lease between the City of San Bernardino and the Redevelopment Agency of the City of San Bernardino for the lease of property known as ZOIA North "E" Street, Suite 103 and the east half of Suite 106 on behalf of the City of San Bernardino Parks and Recreation Department. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 budget to increase revenues in Account No. 001-000-4520-0000 in the amount of $44,000, appropriate $30,000 to Account No. 001-381-5502, Contractual Services, and appropriate $14,000 to Account No. 001-381-5706, Alterations and Renovations. The motion carried and Resolution No. 2007-387 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 4 09/17!2007 20. RES. 2007-388 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a vendor service agreement and a purchase order to Parkwest Construction Company for the purchase and installation of synthetic turf for the soccer field at Nunez Park. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-388 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-384 -Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application by the Police Department for a Driving Under the Influence (Dill) mini grant from the State of California Office of Traffic Safety in the amount of $29,439.5b. Council Member/Commissioner Baxter made a motion, seconded by Council MemberfCommissioner Brinker, that said resolution be adopted. Resolution No. 2007-389 was adopted by the following vote: Ayes: Colmcil MemberslCommissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2007-390 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of F7utance, or his/her designee, to issue a purchase order to Proforce Law Enforcement of Brea CA, to provide X26E Tasers in an amount not to exceed $120,500 with one renewal year. Council Member/Commissioner Baxter rnade a motion, seconded by Council MemberlCommissioner Brinker, that said resolution be adopted. Resolution No. 2007-390 was adopted by the following vote: Ayes: Council MemberslCommissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2007-341 -Resolution of the City of San Bernardino ratifying the Police Department's submittal of the FY 2007 Law Enforcement Terrorism Prevention Program (LETPP) grant application to the County Office of Emergency Services. Council Member/Commissioner Baxter made a motion, seconded by Council MemberlCotnmissioner Brinker, that said resolution be adopted. 10 09/17/2007 Resolution No. 2007-391 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2007-392 -Resolution of the City of San Bernardino ratifying the Police Department's submittal of the FY 2007 State Homeland Security Grant Program (SHSGP) grant application to the County Office of Emergency Services. Council MemberlCotnmissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-392 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2007-393 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to annual purchase order number ZA8237 in the amount of $157,301.00 to Inland Regional Material Recovery Facility (IRMRF~ pursuant to 3.04.010 B-3 of the Municipal Code for transfer trash disposal fees. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-393 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2007-394 - A Resolution authorizing the execution of an agreement and issuance of a purchase order to Ironman Parts & Services of Corona pursuant to Section 3.04.010-B3 of the Municipal Code, for seven diesel particulate Filters to be installed on seven refuse trucks, per the California Air Resources Board (GARB) regulations. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 Fleet budget to appropriate $100,800.00 into Account No. 635-341-5173, Outside Vehicle Maintenance, and to make the corresponding adjustments in the Refuse Fund. The motion carried and Resolution No. 2007-394 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11 09/17(2007 27. RES. 2007-395 - A Resolution authorizing the ex~ution of an agreement and issuance of a purchase order to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010-B3 of the Municipal Code, for one (1) 2007 Schwarze A8000 Air Sweeper powered by compressed natural gas to be utilized by the Public Services Department Street Division; and authorizing the Finance Director or her designee to solicit lease-purchase rate quotes and award a lease-purchase to the lowest responsible leasing company. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-395 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2007-396 -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 $500,000.00 to American Asphalt South, Inc. for the FY 07-08 slurry seal program utilized by the Public Services Department, Street Division. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-396 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, 3ohnson, McCammack. Nays: None. Absent: None. 29. Establishment of an additional Deputy City Attorney IV position within the City Attorney's Office City Attorney Penman stated that in 2005 he made a request for an additional attorney position to deal with Planning matters and an attorney was hired for that purpose. He stated that that attorney was subsequently promoted to Sr. Assistant City Attorney and was assigned to perform the administrative work of the Sr. Assistant City Attorney and handle the planning matters along with Sr. Deputy City Attorney Henry Empeno. Subsequently, his office determined that the Planning work was not getting done; therefore, that person was demoted back to Deputy III, which left the Sr. Assistant City Attorney position vacant. He stated that the position was later filled by the current Sr. Assistant City Attorney, Diane Roth. Mr. Penman stated that once again they found themselves short a planning attorney since litigation, not planning, is Ms. Roth's azea of legal expertise. He stated that litigation remains, even more so than planning, the lazgest assignment 12 09/17/2007 of the City Attorney's office. He stated that the Mayor felt that they should hold off filling the position until the budget cycle, which was discussed in May and 3une. He discussed the matter with Mr. Wilson intending to put it into the budget, but was informed that things were looking pretty bleak and it would not be a prudent thing to do given the budget picture. Mr. Penman stated that shortly after the new budget was passed, he attended a workshop at EDA where he heazd that the City was going to hire two new planners and an engineer, and that the Economic Development Agency (EDA) was going to provide two additional planners to the Planning Department. He stated that if that happens, he does not have enough staff to handle it, and the work will not get processed. City Manager Wilson stated that he had related to the Personnel Committee that the 2006/2007 sales tax figures came in about $1.1 million less than what they had anticipated, and there was a shortfall in the 2007!2008 budget estimated at about $1.8 million for a combined total of about $3 million less in sales tax than what they had anticipated. He recommended that they hold off at this time. Council Member/Commissioner Brinker stated that at the Personnel Committee level he had asked where they would make cuts in the budget in order to fund this position. He stated that he felt it would be irresponsible to incur a $120,000 ongoing expense for an attorney if they had not yet identified where they would be making the cuts. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Esteada, Baxter, Brinker, Johnson. Nays: Council Members/ Commissioners Derry, Kelley, McCammack. Absent: None. 30. RES. 2007-398 -Resolution of the City of San Bernardino authorizing execution of a Services Agreement with Los Padrinos Youth Services and issue a purchase order in the amount of $585,000 for graffiti and abatement services. Cheryl Brown, Senator McLeod's Office, voiced her concerns regazding graffiti and tennis shoes hanging on wires throughout the City. She stated that the whole City needs improvement. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 13 09I17f2007 Resolution No. 2007-398 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. Public hearing and resolution imposing liens on property within the City of San Bernardino for uncollected Business Registration fees RES. 2007-399 -Resolution of the City of Saa Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2007-399 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Public hearing -Resolution authorizing the execution of an Agreement and Resolution Ordering Work relative to proposed Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District No. 1057 (Parcel Map No. 17375) (Continued from August 20, 2007) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the execution of a Landscape Maintenance Services Agreement relative to the proposed Assessment Distrito No. 1057 (Cajon Boulevard and University Parkway Area Landscape Maintenance Assessment District). (32A) Resolution of the City of San Bernardino Pending and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Cajon Boulevard and University Parkway area, approving the final Engineer's Report, creating an Assessment District to cover the costs of said maintenance, known as Assessment District No. 1057, ordering the work, cont5rming the 2008-2009 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. (32B) 14 09717/2007 Note: No Resolutions were distributed with the backup materials. The hearing remained opened. City Clerk Clark stated that she had received 7 ballots in favor of the proposed assessment. No public wmments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of October 1, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Brinker. 33. An Ordinance of the City of San Bernardino amending Section 3.44.030 of the San Bernardino Municipal Code Chapter 3.44, Telephone User's Tax to clarify original intent. FIRST READING (Continued from September 4, 2007) City Attorney Penman stated that because the Howard Jarvis Association sued the City of Sacramento for "clarifying" its ordinance alleging that such clarification would require voter approval, he felt that it would not be prudent to adopt the proposed ordinance. He recommended that this matter be placed on the ballot. City Manager Wilson stated that in light of the City Attorney's opinion, it was clear to him that they should take this item to the voters. He advised that any ballot measures that the City intends to place on the February 5, 2008 ballot, must be submitted to the County no later than November 9, 2007. Mr. Wilson stated that they need to consider the nature of the ballot language as well as a possible reduction in the Utility User's Tax rate. He suggested that the Council may want to consider a workshop in the near future to discuss these issues and provide staff with direction on how to take this forward. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that a workshop concerning the Telephone User's Tax be agendized for October 1, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15 09/17/2007 34. 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. Xari Verjit (Marianne Milligan, Real Party in Interest), San Bernardino County Superior Court, Case No. CIVSS 705111. (Continued from September 4, 2007) To avoid the appearance of a conflict, Ciry Attorney Penman left the Council Chambers and was replaced by Assistant City Attorney Easland. Assistant City Attorney Easland requested atwo-week continuance. Council Member/Commissioner McCammack made a motion, seconded by Council MemberlCommissioner Johnson, that the matter be continued to the Council/Commission meeting of October 1, 2007. The motion carried by the following vote: Ayes: Council Members! Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. RES. 2007-400 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement between the City of San Bernardino and Wells Fargo Bank N.A. for the provision of banking services and the deposit of mollies. (Continued from September 4, 2007) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2007-400 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 36. RES. 2007-401 -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 Burris Computer Systems for maintenance of the City's financial system. (Continued from September 4, 2007) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-401 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16 0911712007 37. RES. 20117-402 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and purchase order to Accela, Inc., for maintenance of the Permits+ system. (Continued from September 4, 2007) Council Member/Commissioner McCaznmack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-402 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 38. RES. 2007-403 -Resolution of the Mayor and Common Council of the City of San Beruardino 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 September 4, 2007) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-403 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 39. RES. 2007-404 -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 September 4, 2007) City Manager Wilson stated that at the August 20, 2007 Council meeting, two employees of the Public Services Department expressed concern regazding the contract and the potential impact it may have on their jobs. Since that time there has been at least two sepazate meetings with the employees, union representatives, and City staff; and those employees were essentially assured that their jobs would remain intact. The purpose of this contract was simply to provide additional labor to complete the repair of the backlog of bins. Once that is done, this contract will be terminated and the duties of the two workers will continue as they have in the past, which is to do welding work. Mr. Wilson stated that it was his understanding that the union representatives aze awaze of this and have no issues with the contract now that they have worked through those issues. He recommended that the Council consider adopting this contract. 17 09/17/2007 Bridgette Washington, San Bernardino Public Employees' Association, 433 N. Siena Way, San Bernardino, CA, stated that they are pleased at this point. She stated that as a result of that meeting between the City and the Association on September 10, 2007, they learned that the objective of the City was not to replace the current employees, but to assist with the existing functions of bin repair that the employees are performing on a temporary basis. Council Member/Commissioner McCammack asked if the employees would be able to catch up on all the repairs during the 12-month period that this contract will be in existence so that they would not have to get an outside contractor next year. She also asked if the City has the tools and materials to effect the repairs that aze backlogged and will the employees have the appropriate amount of tools and materials all year long. Ms. McCammack stated that according to the staff report, if both employees are being paid approximately $45,000 a year with salazies and benefits, then they could actually hire two employees to accomplish the same task and actually exceed the need for monthly repairs. She stated that unless the Council plans on coming back again for another $90,000, her suggestion was to hire two new employees to do the same job and not approve the contract. Ken Fischer, Director of Public Services, stated that they have about 3,200 business customers in the community and they aze trying to refurbish all the wntainers they have over a throe-year period so they need to repair 90 bins per month in order to accomplish that. He stated that their employees repair approximately 52 bins, so the contractor would have to repair 38 bins each month in order to keep the refurbishment on schedule. Mr. Fischer stated that he didn't anticipate that they would need the entire $90,000, which was the amount set aside in this yeaz's budget, but it would be available in the event of unforeseen circumstances. He stated that if something happens with one of his employees and they aze out for an extended period of time, he would need a way to make up for that difference until they aze back to work. Mr. Fischer stated that at the end of three years he didn't expect they would need a third employee and he would rather use a contractor for the temporary assignments. Then, once they know for sure that they need a permanent employee, then they would hire one. Mr. Fischer stated that the division manager had met with the employees and received a list of tools and materials that are needed to complete those repairs, and those items aze being ordered. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2007-404 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley. Nays: Council Members/Commissioners Johnson, McCammack. Absent: None. 18 09/17/2007 40. EDA Workshop to discuss the Economic Development Agency Budget (Continued from September 4, 2007) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Agency return to the Council in January 2008 with a strategic plan and a set of criteria on how the $8.3 million fund balance reserve should be allocated. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCaznmack. Nays: None. Absent: None. 41. An Urgency Ordiance extending a temporary moratorium and anon- urgency regular ordinance establishing a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes ORD. MC-1256 - An urgency ordinance of the City of San Bernardino extending a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes, declaring the urgency thereof, and taking effect immediately. URGENCY (41A) An ordinance of the City of San Bernardino establishing a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes. FIRST READING (41B) City Attorney Penman stated that the current moratorium expires on September 20, 2007, and until the Council has the opportunity to discuss the matter more fully at a workshop, he recommended that the urgency ordinance be adopted and that the regulaz ordinance be laid over for final adoption. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said urgency ordinance A, be adopted; and that said ordinance B, be laid over for final adoption. (Note: The vote was taken following further discussion.) Council Member/Commissioner Derry stated that the idea of holding a workshop on this issue was discussed back in August, so he wanted to know what was the reason for the delay. City Manger Wilson stated that they had talked about getting someone from State Parole, and since that time the Sheriff's Department has also provided some input on the issue. He stated that the whole idea of the workshop was to bring in a t9 o9mraom series of speakers to educate the Council, but he is having difficulty setting that up. Council Member/Commissioner Baxter asked if they could hold a workshop in December. Council Member/Commissioner Baxter made a substitute motion to extend the moratorium to the end of the year. The motion died for lack of a second. Mayor/Chairman Morris stated that the proposed Urgency Ordinance would extend the current temporary moratorium for 10 months and 15 days. Councll Member/Commissioner McCammack stated that there was a presentation made at the California League of Cities Conference from the Riverside City Attorney regarding the program that they have instituted. She asked if it would be difficult to get him to make a presentation to the full Council. Mayor/Chairman Morris stated that he would be an important person to come talk about this issue. Council Member/Commissioner Kelley stated that time is very important and he wanted to make sure they did not forget that the reason for the workshop was to get an idea of the dtrection in which the Council wanted to go and how they were going to act on what had been presented to them. The following individuals spoke on the issues of parolees, group homes, recidivism and public safety: Ellen Timothy, 1125 Chestnut Avenue, Redlands, CA; Tom Kanavos, Terrill Transitional Assistance, 1962 Terrill Avenue, San Bernazdino, CA. City Attorney Penman voiced his concerns about delaying the workshop until December. He stated that there aze a lot of parolees being released every day and the impact on the City continues to be great. According to Mr. Penman, by delaying the workshop, the Mayor and Council were making it more difficult to reduce the number of pazolees in the City and keep new ones from coming in from other counties. Council MemberlCommissioner McCammack suggested that the workshop be agendized for the first of October, stating that she would fmd a speaker that would be neutral to everyone. Council Member/Commissioner Brinker stated that the parolee problem was not urgent because it is a problem that has been with us for many years, and it will be 20 09!1712007 with us for many years to come. He stated that if they treat this as an urgent issue and act quickly without looking at all of the complex moving parts, then they risk making a bad decision that could have very serious consequences for their constituents. Council Member/Commissioner Brinker stated that he would prefer that they tackle this issue sometime in November. The motion made by Council Member/Commissioner McCammack, seconded by Council Member/Commissioner Kelley, that said urgency ordinance A, be adopted; and that said ordinance B, be laid over for final adoption, carried and Ordinance No. MC-1256 was adopted by the following vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: Council Members/Commissioners Estrada, Baxter. Absent: None. 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. R42. Joint Public Hearing -Amendment No. 3 to the 2005 Meadowbrook Single Family Residential Development Agreement with Meadowbrook Park Homes, Inc. (FVDA Redevelopment Project Area) RES. 2007-405 -Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of a certain Agency lot located at 167 East 2°d Street, San Bernardino, California, by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to Amendment No. 3 to the 2005 Meadowbrook Single Family Residential Development Agreement by and between the Agency and Meadowbrook Park Homes, Inc. (IVDA Redevelopment Project Area). (R42A) RES. CDC/2007-27 -Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 3 to the 2005 Meadowbrook Single Family Residential Development Agreement by and between the Agency and Meadowbrook Park Homes, Inc., and making certain findings and determinations related to said Amendment No. 3 (IVDA Redevelopment Project Area). (R42B) Mayor/Chairman Morris opened the hearing. 21 09/17/2007 Maggie Pacheco, Economic Development Agency Executive Director, stated that this matter was a request to convey the property at 167 E. 2°° Street to Meadowbrook Homes, an affiliate of ANR Industries. She stated that this property would be used by Meadowbrook Homes to build asingle-family home. To date, Meadowbrook Homes has produced a total of 35 new homes. Ms. Pacheco recommended that they approve the sale of the subject property to Meadowbrook Homes pursuant to the Development Agreement. Ms. Pachew noted that they had to make a couple of corrections in Section 3 of the Mayor and Common Council resolution. She stated that the errors were inadvertent typographical errors that would be corrected and provided to the City Clerk's office. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that the heazing be closed; and that said Resolutions A & B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2007-405 and Community Development Commission Resolution No. CDC/2007-27 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 43. Public Comments Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, spoke about this year's 9/11 ceremony and she thanked Councilman Dennis Baxter for agreeing to be the Master of Ceremonies for the Second Harvest Food Bank's black tie fundraiser to be held on October 20, 2007 at the Victoria Club. Anthony Garcia, 966 N. Crescent Avenue, San Bernardino, CA, spoke about the parolee issue. Stephen Pardy, Wordnet Productions, 532 N. "D" Street, San Bernardino, CA, announced that their official grand opening was going to take place on Saturday, September 22, 2007. Ellen Timothy, 1125 Chestnut Avenue, Redlands, CA, spoke about data regazding pazolees versus sex offenders. James Penman, 221 E. Marshall Blvd., San Bernardino, CA, spoke about his support for Mayor Morris. He also stated that he has heard rumors about a possible recall of the Mayor. 22 09!17!2007 Bridgett Washington, San Bernardino Public Employees' Association, 433 N. Siena Way, San Bernardino, CA, stated that as the designated bazgaining unit labor relations representative to the City of San Bernardino General Unit, she has been involved in addressing concerns from employees in the Refuse Department. She stated that the employees feel that they aze working in a climate where there is abuse of authority. She challenged the Ciry to ensure that all departments of the City of San Bernardino are working in a safe and fair environment. 44. Adjournment At 8:07 p.m., the meeting adjourned. The next joint regulaz meeting of the Mayor and Common CounciUCommuniry Development Commission is scheduled for 1:30 p.m., Monday, October I, 2007, in the Council Chambers of Ciry Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk r B , Linda Sutherland Deputy Ciry Clerk No. of Items: 44 No. of Hours: 6 23 09/17/2007