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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 Patrkk J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 17. 2008 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:32 p.m., Monday, March 17, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by Assistant City Clerk Medina with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Assistant City Clerk Medina, City Manager Wilson. Absent: Council Member/Commissioner Brinker. Council Member/Commissioner Brinker Arrived At 3:10 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): Victoria Garrison v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 142411; Sequenta Lawrence, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 04-0336 FMC (VBKx); 1 03/17/2008 . J.R., et al. v. City of San Bernardino, et al. - U.S. District Court Case No. EDCV 2005-1045 JWJ; U.S. Court of Appeals Case Nos. 07-56375 and 08-55102; Town of Apple Valley, et al. v. County of San Bernardino - Los Angeles County Superior Court Case No. KC049711 "1"; Timothy Weisenberl!;er, et al. v. State of California, et al. - San Bernardino Superior Court Case No. SCVSS 134901; Robert Wiles v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01165 V AP (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: Arrowhead Country Club Area Residents v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Arrowhead Country Club City of San Bernardino v. Jesse Mitchell, M.D. 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: 1. Property Address: 1208 N. "H" Street APN: 0145-221-09 2 03/17/2008 Nellotiatinll Parties: Keith Williams, Acquisition Agent, on behalf of Caltrans, as buyer and Fred Wilson, City Manager, on behalf of the City of San Bernardino Under Nellotiation: Purchase price, terms and conditions 2. Property Address: Vacant Lot APN: 0147-191-12 Nellotiatinll Parties: Fred Wilson, City Manager, on behalf of the City of San Bernardino, and Gerald Crowther on behalf of Grand Central Enterprises, Inc., property owners Under Nellotiation: Purchase price, terms and conditions 3. Property Address: Vacant Lot APN: 0136-221-15, 0136-221-47 Nellotiatinll Parties: Fred Wilson, City Manager, on behalf of the City of San Bernardino, and James D. and Diana S. Smith, property owners Under Nellotiation: Purchase prices, terms and conditions Central City Redevelopment Project Area 4. Property Address: 333 North "H" Street APN: 0134-182-04 Nej1;otiatinll Parties: Emil Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as buyer, and Walter Hunt, as owner Under Nellotiation: Purchase price, terms, and conditions 5. Property Address: Northwest corner of 4th and "G" Streets APNs: 0134-093-19, 20 and 43, and 0134- 093-45 Nellotiatinll Parties: Emil Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as owner, and TELACU Housing - San Bernardino V, Inc., as buyer 3 03/17/2008 Under Ne~otiation: Purchase price, terms, and conditions 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 Council Member/Commissioner Estrada requested a moment of silence in memory of Hortencia Sanchez, a life-long resident of San Bernardino who was like a mother to Ms. Estrada and recently passed away at the age of 92. Invocation/Pledge of Allegiance The invocation was given by Sister Mary Frances Coleman from the Diocese of San Bernardino, followed by the pledge of allegiance, led by Guadalupe Rangel from Bradley Elementary School. 2. Appointments A. Daisy Martinez - Youth Advisory Commission - Sierra High School's Appointee - Mayor Morris B. Arthur Guerrero - Community Television Commission - Council Member Estrada C. Jerry L. Zuniga - Board of Police Commissioners - Council Member Estrada D. James J. Eble - Board of Police Commissioners - Council Member Brinker E. Debra Sue Morton - Senior Affairs Commission - Council Member Kelley F. Re-appointments - Various Committees/Commissions - Council Member Kelley Norma J. Blackmon Robert N. D' Amato Robert M. Edwards Joyce P. Seeger Animal Control Commission Bicentennial Ad Hoc Committee Board of Building Commissioners Community Development Citizen Advisory Committee Community Television Commission Fine Arts Commission Shukri "Shawn" Sakiri Lynette McLean Kaplan 4 03/17/2008 Harold Hoppins Nicholas R. Cataldo Amanda Jacobs Marlene Evans Keith Jordan Larry A. Heasley Colleen Devlin-Burgraff Christian Kelley Board of Fire Commissioners Historical Preservation Commission Human Relations Commission Measure Z Citizens Oversight Committee Parks and Recreation Commission Planning Commission Board of Police Commissioners Youth Advisory Commission Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said appointments and re-appointments A- F, as requested by Mayor Morris and Council Members Estrada, Brinker, and Kelley, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations Ayes: Derry, Council Members/ Kelley, Johnson, Conductor Andrew Crane and the Cal State San Bernardino Chamber Singers performed several pieces, including Danny Boy, for the Mayor and Council and viewing audience. Mayor Morris presented a Certificate of Recognition to John Blum, a 12th grade student from San Bernardino High School, who was being recognized as Student of the Month. Council Member Brinker presented a Certificate of Commendation and recognized Roy and Carol Flaherty as Citizens of the Month in recognition of their efforts in maintaining the public park next to Victoria Elementary School. Joseph Williams and two students, Travis and Michelle, from the Youth Action Project, otherwise known as "YAP", announced a clean-up event taking place on March 28 at Seccombe Lake Park, to be followed by a Unity Festival at the park on March 29, in honor of Cesar Chavez Day. The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Esther Estrada Tony Lugo Martin Gonzalez Carlos Gutierrez Department Council Office Development Services Police Police Years of Service 10 20 5 5 5 03/17/2008 Dennis Houser Police 20 Gary Jacobs Police 15 Jennifer Kohrell Police 5 Brone Spann Police 20 Perry Thomas Police 10 Oscar Gonzalez 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 various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 6. Council Minutes Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: February 4, 2008; and February 19, 2008. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 7. Claims & Payroll Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February 29, 2008, from Barbara Pachon, Director of Finance, be approved. 6 03/17/2008 The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 8. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCarnmack, that the personnel actions, as submitted by the Interim Chief Examiner, dated March 12, 2008 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: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 9. RES. 2008-74 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Consolidated Special Municipal Election held on the s<J' day of Febrnary 2008, declaring the results thereof and setting forth such other matters as are provided by law. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-74 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 10. RES. 2008-75 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 17576, located on the northeast comer of Date Street and Chiquita Lane in the (RMH), Residential Medium High 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 Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-75 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: None. Council Johnson, 7 03/17/2008 11. Resolution of the Mayor and Common Council of San Bernardino authorizing an increase to Purchase Order No. 208043 by an additional $20,000 to Phoenix Group Information Systems for parking citation processing. Note: The resolution was not distributed with the backup materials. Council Member/Commissioner McCammack voiced concerns relative to the processing of the parking tickets and the customer service being rendered and requested that the matter be referred to Ways and Means. City Attorney Penman explained that part of this resolution provides for the elimination of a customer service representative in Facilities Management, and the reason it was recommended that the matter be continued was because the City must meet and confer with the bargaining unit before the Council can act on this item. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCanunack, that the matter be referred to the Ways and Means Committee. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCanunack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 12. RES. 2008-76 - Resolution of the Mayor and Common Council of San Bernardino authorizing the Finance Director to increase Purchase Order No. 208059 by an additional $10,000 to Waxie Sanitary Supply for custodial supplies. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to transfer $10,000 from the Facilities Management FY 2007/08 budget Account No. 001-324-5011 (Salaries) to Account No. 001-324-5111 (Materials & Supplies). The motion carried and Resolution No. 2008-76 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2008-80 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a temporary employment agreement between the City of San Bernardino and Donald Feser for the position of Disaster Coordinator. 8 03/17/2008 Assistant City Clerk Medina noted that the recommended motion contained language regarding budget issues; however, she had been informed that this language should be deleted because the City will be paying the employee as a temporary employee, not as a consultant, so there was no need to move the money from a salary account to a contractual services account. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-80 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 14. Authorize the Director of Finance to amend the FY 2007-2008 Fire Department Budget to fund training materials and equipment from additional revenues received from the Rancho Santiago Community College District Agreement. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2007/08 adopted budget and increase General Fund revenue Account No. 001-000-4708 (Fire Training Agreement) by $4,800 from $57,800 to a new total of $62,600; and to incorporate the expenditures in the amount of $4,800 associated with this agreement into the FY 2007/08 Fire Department budget, in accordance with the staff report dated February 27, 2008, from Fire Chief Michael Conrad. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 15. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 5 to Contract 02-1166 A-5 with the County of San Bernardino Public Health Department, accepting the proposal amount of $55,000 for the period of July 1, 2007 through June 30,2008, and ratifying any action taken between July 1, 2007, and the date that this resolution is adopted. Council Member/Commissioner McCammack noted that there have been several items coming before the Council for approval that have not fIrst gone before the Grants Ad Hoc Committee, and she asked that this item be referred to said committee. 9 03/17/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be referred to the Grants Ad Hoc Committee. The motion carried by the fol1owing vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kel1ey, Johnson, 16. RES. 2008-77 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application by the Police Department to apply for and accept a Selective Traffic Enforcement Program (STEP) Grant from the State of California Office of Traffic Safety (OTS) in the amount of $197,748. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-77 was adopted by the fol1owing vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kel1ey, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2008-78 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Pixelpushers, Inc. for an update to the Police Department's internal Intranet website and a new City Iniranet site in an amount not to exceed $29,040.00. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-78 was adopted by the fol1owing vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kel1ey, Johnson, McCammack. Nays: None. Absent: None. 18. Set a public hearing for 4:00 p.m., April 7, 2008, regarding formalization of a Red Light Camera Photo Enforcement System Policy and expansion of the existing Traffic Signal Violation System. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council set a public hearing for 4:00 p.m., April 7, 2008, for the purpose of formalizing a Red Light Camera Photo Enforcement System Policy and authorizing an amendment to the Lease and Services Agreement with Nestor Traffic Systems, Inc., to expand the existing Traffic Signal Violation System. 10 03/17/2008 The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 19. RES. 2008-79 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of (4) Panasouic Mobile Data Computers (MDCs) and mounting equipment from GTSI Corporation. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-79 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2008-81 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution No. 2006-97 relating to the deferral of certain development impact fees. Carlos Rodriguez, Building Industry Association, 8711 Monroe Court, Rancho Cucamonga, CA, urged support of the resolution, stating that with the current housing downturn it was an important part of the stimulus package ,to begin to turn things around. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-81 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. Proposed Charter amendment regarding submitting a ballot measure relative to the salary of Council Members and setting term limits Resolution of the City of San Bernardino proposing an amendment to the Charter of said City of San Bernardino relating to the salary of Council Members and setting term limits. (21A) Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a proposed Charter amendment relating to the salary of Council Members and setting term limits; transmission of the proposed Charter amendment to the Office of the City Attorney for purposes of preparation of an impartial analysis. (21B) 11 03/17/2008 Resolution of the Mayor and Common Council of the City of San Bernardino colling a Special Municipal Election on a proposed Charter amendment relating to the salary of the Council Members and setting term limits and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 4, 2008, Statewide General Election conducted by the County of San Bernardino. (21C) Council Member/Conunissioner Kelley stated that he would like to continue this item and send it to the Legislative Review Committee for further study. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be referred to the Legislative Review Conunittee. The motion carried by the following vote: Conunissioners Estrada, Baxter, Brinker, McCanunack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 22. Item Deleted 23. Ordinance and Resolution relative to fireworks An Ordinance of the City of San Bernardino adding Chapter 8.61, repealing Section 8.60.140, and amending Section 8.60.150 of the San Bernardino Municipal Code regarding fireworks. FIRST READING (23A) Resolution of the Mayor and Common Council of the City of San Bernardino directing the disposition of administrative civil penalties collected for violations of Chapter 8.60 and 8.61 of the San Bernardino Municipal Code (Safe and Sane Fireworks and Dangerous Fireworks). (23B) Note: No backup materials were distributed. Council Member/Conunissioner Johnson made a motion, seconded by Council Member/Conunissioner Estrada, that the matter be continued to the Council/ Conunission meeting of April 7, 2008. The motion carried by the following vote: Conunissioners Estrada, Baxter, Brinker, McCanunack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 12 03/1712008 24. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California, amending the San Bernardino Municipal Code adding Chapter 15.26 entitled Single-Family Rental Property Inspection Program. FIRST READING Glenn Baude, Director of Code Compliance, provided an overview of the proposed Single-family Rental Property Inspection Program. He advised that the ordinance sets up a residential inspection program for single-family units, which are defined as three or less units. He noted that the City already has an inspection program through the Fire Department for four or more units, and this would cover the remaining rental units in the city. Council Member/Commissioner Kelley asked if it would be possible to determine whether or not a rental unit has a business registration based on the inspections outlined in this ordinance. Mr. Baude replied that part of the due diligence during the initial survey was to find the owner of the property and to check to see if the owner had a business license. If there was no business license, it was so noted and subsequently referred to Business Registration for collection. He added that if the ordinance passes, they are also prepared to help with those collections, since they will have officers in the field looking for those things that the City Clerk's office does not have the staffing to do. Council Member/Commissioner McCarnmack stated that the City will now have the tools to inspect the single-family rental properties, which in many cases cause most of the problems in residential neighborhoods, and to make people accountable for maintaining their properties. It was pointed out that in the staff report it stated that the survey area was bounded by Baseline on the South, California on the West, Highland on the North, and the City limits on the East; however, it should read California on the East and the City limits on the West. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for final adoption. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 13 03/17/2008 25. Proposition IB Projects Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council approve the list of Proposition lB funded projects; and that the Director of Finance be authorized to amend the FY 2007/08 Capital Improvements budget by increasing Proposition lB revenues by $1,371,900 and appropriate these additional revenues to the various projects as specified in the Staff Report dated March 12, 2008, from Valerie Ross, Director of Development Services. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 26. Public hearing - resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees RES. 2008-73 - Resolution of the City of San 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 McCammack pointed out that some of the names are found on the list over and over again and questioned whether there was any correlation between individuals not paying their business registration fees and the condition of their properties. She wondered if this should be discussed by the Legislative Review Committee relative to the single-family rental inspection policy they are talking about. She also noted that in some cases the individuals have actually received grants from the City for different projects, and suggested that maybe some type of monitoring system should be put in place to make sure that nothing is falling through the cracks. City Manager Wilson stated that staff could explore some type of cross- referencing between departments to make sure that people who owe the City money in one category aren't being problematic in another area, or aren't receiving some other type of assistance from the City. 14 03/17/2008 City Attorney Penman stated that independent of Ms. McCarnmack, his office had noticed the duplication of names. Therefore, he sent a memo out to the attorneys that are involved in various areas of the violations and prosecution section and they are going to take a look and see if there is any correlation with any of their code enforcement cases. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, 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. 2008-73 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Agreements with the Rotary Club of San Bernardino for fmancial assistance, waiver of fees and use of the City seal and other city insignia for the Earth Day Fair & Expo 2008 scheduled for April 25 & 26, 2008 (Continued from March 3,2(08) RES. 2008-82 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the San Bernardino Downtown Rotary Club for fmancial assistance from the Civic and Promotion Fund for FY 2007/08. (27 A) RES. 2008-83 - Resolution of the Mayor and Common Council of the City of San Bernardino approving an agreement with the Rotary Club of San Bernardino for use of the City seal and other City insignia. (218) City Manager Wilson provided an update on this request. Council Member/Commissioner McCammack stated that the Council and staff have been working diligently over the last month on the budget, and the projected shortfall between now and the end of June is an ominous number. She asked at what point is the Council taking away necessities from the public in exchange for funding these grants. She stated that she was not going to support any additional spending on anything that has not been budgeted. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A&B, be adopted; that funding be authorized in the amount of $5,000 and indirect funding in the amount of $9,688.64 be transferred from the FY 2007/08 Civic and Promotion Fund into the Police Department account as listed in the Staff Report dated January 13, 2008, from Fred Wilson, City Manager; and authorize a waiver of 15 03/17/2008 fees and use of City personnel and equipment to assist with the Earth Day Fair & Expo 2008 scheduled for April 25 & 26,2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCanunack. Absent: None. 28. Establish adrnini~trative civil penalties for violations of the Municipal Code (Continued from January 22,2008) An Ordinance of the City of San Bernardino adding Chapter 9.93 to the San Bernardino Municipal Code and establishing adrnini~trative civil penalties for violations of the Municipal Code. FIRST READING (28A) Resolution of the Mayor and Common Council of the City of San Bernardino directing the disposition of administrative civil penalties collected pursuant to San Bernardino Municipal Code Chapter 9.93 for violations of the San Bernardino Municipal Code. (28B) Note: The resolution was not distributed with the backup materials. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of April 7, 2008. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCanunack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 29. Election Mayor Pro Tempore Note: No backup materials were distributed. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, to nominate Council Member/Commissioner Derry for the position of Mayor Pro Tempore. The motion failed by the following vote: Ayes: Commissioners Brinker, Derry, Kelley. Nays: Commissioners Estrada, Baxter, Johnson, McCanunack. Council Members/ Council Members/ No further action was taken on this matter. 16 03/17/2008 30. Request from San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School City Attorney Penman declared a conflict and left the dais because his wife is a member of the school board. (Note: Special Counsel Sabo replaced Mr. Pemnan at the dais.) Mayor/Chairman Morris advised that the City had received a letter from Dr. Delgado, Superintendent of the San Bernardino City Unified School District, in which he requested that this matter be continued to the Council/Commission meeting of April 7, 2008. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/ Commission meeting of April 7, 2008. Gail Bernor, 2572 North "F" Street, San Bernardino, CA, spoke in opposition to using this site for the proposed elementary school. Council Member/Commissioner McCanunack stated that for the last two years the school district has hired a relocation specialist, who has told a majority of the homeowners in this neighborhood (there are 40 property owners) that they have no choice, that the school district will get whatever they want and they will have to move. She stated that the District has been acquiring property all along, and that they have violated the law in terms of property rights under the laws of condemnation by not giving residents their rights as far as what condemnation allows and does not allow. Ms. McCanunack also mentioned the problem of traffic, and questioned the advisability of placing an elementary school next to one of the most problematic middle schools in the city. She reminded her colleagues that when they had approved Emmerton II, they approved it as a secondary elementary school next to Emmerton I; however, it is not an elementary school-it is half middle school, half elementary school, and the District misrepresented themselves on that particular issue. It was noted that Special Counsel Sabo had recommended a revised motion, which Mayor/Chairman Morris read into the record, as follows: That the Mayor and Council accept the letter dated March 14, 2008, from the San Bernardino City Unified School District and continue the matter to April 7, 17 03/17/2008 2008, upon the conditions that (i) said letter was intended to constitute a waiver of the 40-day time provisions of Government Code Sections 65402(a) and 65402(c), and (ii) the Council reserves the right at any later date to uphold the findings of the Planning Commission dated March 4, 2008, and the prior findings of the Council dated August I, 2005. Special Counsel Sabo stated that he wanted to have on the record the fact that the City was not waiving any of those statutory time periods and were doing this at the request of the school district, and that the Council would still be able to make whatever findings or determinations or take whatever action they would want to take at a later time. Council Member/Commissioner Estrada and Council Member/Commissioner Derry accepted the additional language as suggested by Special Counsel Sabo. Mr. Sabo stated that what he mentioned to Ms. McCanunack was that Government Code Section 65402(a) says that if a General Plan has been adopted no real property shall be acquired by a local agency until it has been submitted to and reported upon by the Planning Agency as conforming with said adopted General Plan report thereof. He stated that there is a requirement that a local agency go before the Planning Agency, which in this case is the Planning Commission, for the finding as to conformity or consistency with the General Plan, and that no property is to be acquired in that period of time. He added that the other thing he had learned is that there is an Environmental Impact Report that has been circulated, but not yet certified, for this project. He stated, that as he understood it, that certification will be coming about in a number of weeks, but the review period has closed on the Environmental Impact Report (EIR) at this time. Council Member/Commissioner McCarnmack stated that she was not prepared to give them an extension because she didn't want the City to lose its rights- and although we're saying we won't lose our rights, they may think we have given up our rights. She also noted that the District's attendance is declining, and questioned the need for more schools; and pointed out that this proposal would be eroding the City's tax base at a time when the City doesn't have a dime to spare. Council Member/Commissioner McCarnmack made a substitute motion, seconded by Council Member/Commissioner Kelley, that the Council deny the request for a continuance and uphold the findings of fact as determined by the Planning Commission. She asked Mr. Sabo if there were any legal ramifications to her motion. 18 03/17/2008 Mr. Sabo stated that if she meant, were there any ramifications to taking the action, but not doing a continuance, the answer would be "no". He stated that the agenda item was a request by the school district to continue the matter, but it was up to the discretion of the Council whether or not they wanted to do that. Council Member/Commissioner Derry asked for clarification of the motion. Council Member/Commissioner McCanunack stated that the Mayor had read a revised motion into the record. Council Member/Commissioner Derry stated, "And now there is a substitute motion to the revised motion. .. Assistant City Clerk Medina clarified that Council Member/Commissioner McCanunack made a substitute motion, seconded by Council Member/ Commissioner Kelley, to deny the request for a continuance and uphold the findings of the Planning Commission. Council Member/Commissioner McCammack confirmed, "Because the motion asked us to continue it, is that right? Mayor/Chairman Morris stated, "That's right." Assistant City Clerk Medina stated that, "part of the motion was to continue the matter. " Council Member/Commissioner McCanunack stated that she would appreciate it if her colleagues would listen to what Ms. Rahhal had to say about the question of relocating the school. Mayor/Chairman Morris stated that they were going to take discussion on the substitute motion to deny the continuance. Council Member/Commissioner Brinker stated that he had a problem with the substitute motion-that as a current school teacher and former school board member, he has been through this process on the other side. He stated that it is a very complex process, and he was a little concerned that the Council would be taking action contrary to what the school district is asking them to do. He stated that he thought they should wait until the school district could make a full presentation-that he would prefer to continue the matter as requested by the District and make a decision when the Council has all the facts. Mayor/Chairman Morris stated that it was important that the City have some professional courtesy with regard to colleagues who are doing their best as elected members of this community to articulate strategies to educate our 19 03/17/2008 children. He stated that the Council mayor may not choose to accept the District's presentation and to overrule our Planning Commission's decision, but it makes good sense for the Council to be accommodating to their request for a simple continuance so they can make a presentation. Council Member/Commissioner Estrada stated that her concern was that they were not just talking about one school-they were talking about a number of schools that are going to be built in old neighborhoods. She stated that she has been approached by some of her residents in the downtown area, and she had asked Ms. Rahhal to meet with some of those residents because of that. She stated that maybe it is time to get the school board's attention-to sit down and discuss the impact that this is going to have and see if there is any room for movement there because the Council is going to be called upon not just for this school but for every school as they come up. Mayor/Chairman Morris stated that what he didn't want the Council to do was to strong arm our school board as they try to articulate strategies to educate our children. He stated that the important point is that we are asking our school district to be partners with us on a host of projects, and there are a lot of children-and so goes our children, so goes our city. He stated that this was an opportunity for the Council to at least listen, and they should do no less than that. Council Member/Commissioner McCammack stated that they had already done that prior to either the Mayor or Council Member Brinker coming on board- that they had a joint meeting with the school district and the Council laid out all of its concerns about all of the proposed schools at that time. Council Member/Commissioner Johnson asked Mr. Sabo whether the school board could ultimately just come in and declare eminent domain and assume all of these properties. Mr. Sabo answered in the affIrmative, stating that they could do a condemnation of these properties just like the Council/Commission has done condemnations as the Redevelopment Agency. They would have to go through the normal process with an appraisal, some negotiations, but ultimately if they cannot reach a negotiation then they would take a resolution of necessity to the school board for approval and then they would fIle the condemnation action, the same way that the Redevelopment Agency does. Mayor/Chairman Morris stated that there was a motion and a second to deny the request for a continuance to allow the District to present their case to the Mayor and Common Council. 20 03/17/2008 Assistant City Clerk Medina stated that before she took the vote, she wanted to make sure that the votes were correctly cast, because some were cast before with the first motion, and the motion they would be voting on would be the substitute motion. The substitute motion made by Council Member/Commissioner McCanunack, seconded by Council Member/Commissioner Kelley, to deny the request for a continuance and uphold the findings of fact as determined by the Planning Commission, carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Brinker. Absent: None. Following a short recess, Mayor/Chairman Morris announced that a speaker slip had been submitted by John Peukert of the San Bernardino City Unified School District to speak on this item. Also, he had been informed that the Council had not made the appropriate findings required by City Planner Terri Rahhal with regard to confirming the decision made by the Planning Commission. He asked for a motion to rescind the action taken just previous to the recess. Council Member/Commissioner McCanunack said she would say "reconsider"-she wouldn't say "rescind." Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, to reconsider Agenda Item No. 30. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, John Peukert, Assistant Superintendent of Facilities for the San Bernardino City Unified School District, explained that the District was asking for a continuance relative to the Wilson II project until April 7, as stated on the agenda. He stated that they were currently working on a presentation for the Council to be presented on April 7, which would contain responses to a lot of the discussion that had been going on tonight. He stated that during their presentation they would like to address issues regarding the history of the site, alternative sites, reasons for this proposed site, safety factors, boundaries, transportation, traffic, the effect of the school site in the community and continued building programs in the community and their effect in the future. He stated that he was concerned about the speculation that was going on tonight, and as a school district and partner to the Council and the City, they would like to have the opportunity to make their presentation on the 7'" so that an educated decision could be made. 21 03/17/2008 City Planner Terri RahhaI explained that the item before the Council was a request from the San Bernardino City Unified School District for a finding of the Council that land acquisition and construction of an elementary school known as Wilson II would be consistent with the City's General Plan. She advised that this item was presented in 2005 to the City Planning Commission, and then the matter was referred to the Council; and at that time there were several elementary schools proposed and all were found to be consistent with the General Plan, with the exception of Wilson II. Ms. Rahhal stated that the proposed site for the Wilson II elementary school is adjacent to and directly north of Arrowview Middle School, between "F" and "G" Streets, just north of Highland Avenue. At the time that the Planning Commission, and then the Council, considered this item in 2005, there were several issues regarding the particular site that were of concern to the City Planning staff, to the Police Department, and ultimately concurrence was reached with the Council as well. She stated that some of the issues regarded breaking up an established and very stable neighborhood. At the time, a survey was conducted and it was determined that there was approximately 80 percent owner occupancy of 40 single-family residences that would have to be demolished for construction of this school. Also, local circulation in the area was already impeded somewhat with the middle school located on Highland Avenue; and to construct on another 8V2 acres north of the junior high school you would have to go quite a ways north of Highland to make an east/west connection. She noted that some of the local concerns about traffic and the dropping off and picking up of students have been addressed since then to the satisfaction of the City traffic engineer. Also, the Police Department submitted a memo in 2005 citing some real concerns about having young students adjacent to a middle school where there are already some negative influences by being near the older children as well as the proximity to Highland A venue, which is a major arterial. She noted that it is always preferred to have an elementary school more enclosed within a neighborhood and sheltered from some of the influences from the major arterials. In 2005, based on that fact of breaking up a stable neighborhood (and it was identified at the time that perhaps many of the existing single-family homes might be of historic value as well) and those other issues, the Council made a finding that conception of Wilson II would not be consistent with the City's General Plan. However, the District would be the lead agency for construction of an elementary school site, and although they are required to seek a fmding of consistency with the General Plan from the local agency, if the City fmds that the project would not be consistent with the General Plan, the District may still 22 03/17/2008 pursue construction of the school site with a two-thirds majority vote of their Board. Ms. Rahhal stated that in addition to the issue of General Plan Consistency, compliance with the California Environmental Quality Act (CEQA) is required. The school district would be the lead agency responsible for that review and preparation of the Environmental Impact Report (EIR). She stated that since the findings that were made in 2005, the District has conducted some special studies, including a traffic analysis and a cultural resources survey, and has, in fact, prepared a draft Environmental Impact Report. She advised that that CEQA document is not in its final form. The City's Development Services Department staff has made comments on the draft EIR, but it still remains for the District to respond to the comments received on the draft EIR and prepare a final EIR before approving action on the project. That would require the two-thirds vote to adopt findings of fact and overriding considerations for the significant impacts identified in the EIR. Regarding the comments that the City staff made on the draft Environmental Impact Report, staff assumes that the District is still working on responses to those comments, which focus primarily on the alternatives analysis, which is required under CEQA. Staff's letter actually urged the District to pursue and analyze at least another alternative site analysis. There are two alternative sites that are identified in the Draft EIR, but they are also adjacent to Highland A venue in another part of the service area and actually do not meet the location criteria enumerated by the District in the Draft EIR. So staff has asked for a response to that, and perhaps that will be part of the presentation that the District will have for the Council, should this item be continued. Finally, upon completion of the Draft EIR, the District submitted another letter to the City, again requesting a fmding of consistency with the City's General Plan. Because the Council took the action to find this item not consistent with the General Plan previously, the Planning Commission forwarded the item to the Council again to make that finding and recommended, for the same reasons cited in 2005 and acknowledging the fmdings that were made in the Draft EIR, that the Council find that land acquisition and construction of the Wilson II elementary school as proposed, would not be consistent with the City's General Plan. Again, that would still leave the District with the option to pursue the project with a two-thirds majority vote and subject to completing the CEQA analysis, which is still in progress. Ms. Rahhal stated that she wanted to note the significant impacts that were identified in the Draft EIR. The report cites the history of the finding of inconsistency with the General Plan and it concurs with that, that there would be a significant land use impact based on not being consistent with the General Plan, and it also finds that of the 40 single-family residences to be demolished 23 03/17/2008 for construction of this school site, 29 exhibit significant values as cultural resources; and because so many of the homes would qualify individually, the whole area actually is significant as a potential historic district. Therefore, those two areas of impact could not be mitigated to a level of less than significant. Mayor/Chairman Morris stated that what he was not hearing in the recitals was an actual set of findings. Mr. Sabo stated that if there is sufficient time, his preference would be to do a resolution with these findings and determinations being made; otherwise, he would just give the Council a motion, based upon the facts as presented. He stated that his purpose would be to actually spell out what those facts are and what the fmdings would be in the resolution so there is a very clear record as far as what the whole process was, whatever the Council's decision is. However, it was up to the Council whether they wanted to take action today. He noted that another meeting was already scheduled for Wednesday so they could also continue the matter and take action at that time. Council Member/Commissioner McCammack stated that she would like to ask Mr. Sabo to bring that resolution back on Wednesday since an adjourned Council meeting was already scheduled for that date, and all the documents could be put together by that time. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to March 19, 2008, to hear the findings of fact, to be brought back with a resolution prepared by Special Counsel Sabo. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo, Assistant City Clerk Medina. Absent: City Attorney Penman. 24 03/17/2008 R31. Joint Public Hearing - TELACU Housing - San Bernardino IV, Inc., 2008 HOME Funds Loan and Grant Development Agreement (lVDA Redevelopment Project Area) (Continued from March 3, 2(08) RES. 2008-84 - Resolution of the Mayor and Common Council of the City of San Bernardino approving I) an amendment to the City's 2005-2010 Five-Year Consolidated Plan and the 2007-2008 Annual Action Plan, and 2) the allocation of $3.2 million in Federal HOME CHDO Grant Funds to TELACU Housing - San Bernardino IV, Inc., a California non-profit public benefit corporation ("Developer") (lVDA Redevelopment Project Area). (R3IA) RES. CDC/2008-10 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2008 HOME Funds Loan and Grant Development Agreement by and between the Agency and TELACU Housing - San Bernardino IV, Inc., a California non-profit public benefit corporation ("Developer") (lVDA Redevelopment Project Area). (R3IB) The hearing remained open. Interim Executive Director Marzullo provided background information from the staff report. No public comments were received. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said resolutions A&B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2008-84 and Community Development Commission Resolution No. CDC/2008-10 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. R32. Joint Public hearing - Disposition and Development Agreement - AGA Properties, LLC, (A Residential Development - Central City North Redevelopment Project) 25 03/17/2008 Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of the Redevelopment Agency of the City of San Bernardino ("Agency") properties (4 lots) located on the northeast comer of ()Ih and "G" Streets to AGA Properties, LLC ("Developer"), pursuant to the 2008 Old Towne Disposition and Townhouse Development Agreement, an Affordable Residential Development (Central City North Redevelopment Project Area). (R32A) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2008 Old Towne Disposition and Townhouse Development Agreement ("2008 Agreement") by and between the Agency and AGA Properties, LLC ("Developer"), and making certain rmdings and determinations related to said 2008 Agreement, an Affordable Residential Development (Central City North Redevelopment Project Area). (R32B) Note: No backup materials were distributed. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, R33. RES. CDC/2008-11 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute a 2008 New Job Opportunities Redevelopment Grant Agreement by and between the Agency and Young Electric Sign Company, Inc. ("YESCO"), for the development of the property at 5405 Industrial Parkway (Northwest Redevelopment Project Area). Council Member/Commissioner McCammack stated that she would abstain on this matter because Quiel Bros Sign Co. is one of her clients. Council Member/Commissioner Estrada made a motion, seconded by CouncilaMember/Commissioner Baxter, that said resolution be adopted. 26 03/17/2008 Resolution No. CDC/2008-11 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCamrnack. Absent: None. R34. Item Deleted R35. Council and Commi~ion resolutions approving agreement with Republic ITS to design and install banner poles and related work on University Parkway north of Varsity Avenue RES. CDC/2008-12 - Resolution of the Community Development Commission of the City of San Bernardino ("Commission") appropriating the sum of $107,216 from 2007/2008 State College Redevelopment Project Area Tax Increment Funds ("Funds") to the City of San Bernardino ("City") for the construction of banner poles and related work on University Parkway, north of Varsity Avenue ("Public Improvements") and making certain fmdings and determinations related to the construction of said public improvements with said funds. (R35A) RES. 2008-85 - Resolution of the Mayor and Common Council of the City of San Bernardino ("Council") (1) Approving and authorizing the City Manager to execute an agreement by and between the City of San Bernardino ('City") and Republic ITS ("Contractor") in the amount of $89,346 and (2) making certain fmdings and determinations and consenting to the payment for public improvements by the Redevelopment Agency of the City of San Bernardino ("Agency") in the total amount of not to exceed $107,216 from the Agency's 2007-2008 State College Redevelopment Project Area Tax Increment Funds. (R35B) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolutions A&B, be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 budget to create a new capital improvement project and to appropriate $107,216 in the Street Construction Fund, Account No. 242-362-5504-XXXX, for the "Design and installation of banner poles and related work on University Parkway, north of Varsity Avenue", and to budget revenue reimbursement for the project from the Economic Development Agency (EDA) in the amount of $107,216. The motion carried and Community Development Commission Resolution No. CDC/2008-12 and Mayor and Common Council Resolution No. 2008-85 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27 03/17/2008 36. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a First Amendment to a Lease of Property between Union Pacific Railroad Company and the City of San Bernardino. Note: No backup materials were distributed. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of April 7,2008. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 37. Ordinance of the City of San Bernardino amending Title 2, "Administration and Persounel," of the San Bernardino Municipal Code by adding Chapter 2.01 "Mayor Pro-Tempore" and amending Chapter 2.76 "Council Committees" to add Section 2.76.040 "Senior Council Member" and Section 2.76.050 "Assignment of Committee Members and Designation of Committee Chairpersons." FIRST READING Council Member/Commissioner Derry stated that he didn't think having the senior council member make committee appointments was reasonable or intelligent; and that a rotating mayor pro tern made no sense either. He urged his colleagues to oppose this ordinance. Council Member/Commissioner Brinker stated that he felt adoption of this ordinance would be taking a step backwards. Council Member/Commissioner Johnson stated that he thought the rotation system for mayor pro tern worked just fme. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Johnson, McCammack. Nays: Council Members/Commissioners Brinker, Derry, Kelley. Absent: None. 28 03/17/2008 38. Public Comments Alicia Guerrero, 6000 University Parkway, San Bernardino, CA, a junior at Cal State San Bernardino who is taking a Social Work Policy Course, spoke regarding the problems associated with transferring the school records of foster children from school to school; and the benefit of having a secure internet website where these records could be placed, thereby reducing errors and facilitating transfers within two days instead of weeks. Frank Audi, 1565 Coulston, San Bernardino, CA, who has worked as a mechanical engineer in the city for 20 years, spoke regarding inefficiencies within the police and fire departments such as long waits when called, long investigations into problems, and refusal to communicate with him regarding towing of his vehicle. Anthony Garacci, 966 N. Crescent, San Bernardino, CA, spoke regarding the inordinate amount of time it takes to get responses from City departments such as police and refuse. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, spoke regarding the graffiti problem throughout the city and the need for more police officers. The following individuals, members of the La Rouche Political Action Committee, spoke regarding the country's collapsed monetary system and their desire to meet with City officials in an effort to begin a groundswell at the local level to put pressure on the government in Washington regarding this matter: Michelle Fuchs Michael Vandernat Lewis Whilden Rachel Brown Bertha Ramirez Wanda F. Bryant 29 03/17/2008 39. Adjournment At 6:38 p.m. the meeting adjourned to 4:30 p.m. Wednesday, March 19, 2008, in the Economic Development Agency Boardroom, 601 North "E" Street, San Bernardino, CA, for a report on the FY 2007/08 mid-year budget. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, April 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY:~ ~ W- inda E. Hartzel Deputy City Clerk No. of Items: 39 No. of Hours: 5 30 03/17/2008 / CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther EstratkJ Dennis J. Baxter Tobin Brinker Neil Derry Chus Kelley Rikke Van Johnson Wendy McCarrunack - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING MARCH 19, 2008 ECONOMIC DEVELOPMENT AGENCY BOARDROOM This is the time and place designated for a joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino from the joint regular meeting of the Mayor and Common Council and Community Development Commission held at 1:30 p.m., Monday, March 17, 2008 in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. The joint adjourned regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 4:42 p.m., Wednesday, March 19, 2008, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Roll call was taken by Assistant City Clerk Medina with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman, Assistant City Clerk Medina, City Manager Wilson. Absent: Council Member/Commissioner Derry. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Govermnent Code Section 54956.9(a). 1 03/1912008 ~ 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: Nejl;otiator: Linn Livingston, Human Resources Director Employee Orjl;anizations: San Bernardino Confidential Management Association Fire Fighters Association Local No. 891 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2. Fiscal Year 2007/08 Mid-Year Budget Report Barbara Pachon, Director of Finance, presented an overview of the mid-year budget for fiscal year 2007/08. She stated that for the most part everything is on track, relative to what had been estimated, except for the General Fund. She stated that the total shortfall was approximately $7.3 million less than projected, due in large part to a significant drop in sales tax and a drop in property tax in- lieu of sales tax. Also, the utility user's tax is coming in less than budgeted. In a memo to the Mayor and Common Council from Fred Wilson, City Manager, dated March 17, 2008, Mr. Wilson noted that by working with management and the Budget Ad Hoc Committee, staff had developed a list of options to reduce the current year deficit, as follows: 2 03/19/2008 . Hold many General Fund positions vacant through end of fiscal year . Reduce/eliminate discretionary spending such as training, supplies, and equipment purchases . Aggressively pursue revenue . Shift certain costs to the Economic Development Agency (EDA) . Continue using Measure 'Z" funds for Police Corridor overtime and regular patrol overtime . Use non-General Fund revenue sources wherever possible. It was noted that even with implementation of all these options, a budget gap of $2.9 million would remain. In addition, several revenue enhancing options had been discussed including an increase to the City's transient lodging tax (TLT), an extraction and mining tax (quarry tax), and an increase to the real property transfer tax. Council Member/Commissioner McCammack pointed out that there was a difference between the list of expenses distributed today and the list presented to the Budget Ad Hoc Committee for review. She also stated that the committee had requested a list of all extra programs that are not necessities-anything the City spends money on that is not a necessary service-and asked when they would be receiving that list. Council Member/Commissioner Estrada expressed concern with using EDA funds to balance the City's budget, stating that these funds should be used for creating stimuli needed in the economy at the local level-and here was a recommendation to take $850,000 more from the Agency. She stated that she wasn't sure it was a good idea to use EDA funds, while at the same time tapping into the City's reserve. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the FY 2007/08 mid-year budget be sent back to the Budget Ad Hoc Committee for further discussion and a more in- depth review in an effort to cut non-necessities. Council Member/Commissioner Brinker stated he had three concerns. First, he questioned what it would mean to the Economic Development Agency if the City used EDA funds for City expenses. Secondly, he noted that last year the Council had discussed what role the Measure "Z" Oversight Committee would play-that his representative felt the committee was nothing more than an audit committee. He questioned whether any of the budget issues related to Measure "Z" had been discussed with the committee, stating that he did not want Measure "Z" funds to be used to supplant things that were already being handled by the General Fund. 3 03/19/2008 Thirdly, he stated that they were looking at the budget in a very traditional way, and asked about the growth plan for the City-what was being done to actively promote the growth of business in the City. He stated that something needed to be done on South "E" Street where all the traffic will be redirected during the freeway widening and the soon-to-be closure at the Inland Center Mall. He pointed out the need to make a proactive plan to grow the economy in key areas such as South "E" Street, the Mt. Vernon corridor, and the north end up by State Street. Mr. Brinker advised that Inland Timber, a lumber yard with a $100 million a year business, is waiting to come to San Bernardino-that the City of Grand Terrace and the Colton School District want them to move because they want that location for a new high school and they want them to be gone yesterday. He advised that they have identified property here in San Bernardino, and the City needs to do something to get them here quicker. Mayor/Chairman Morris stated that it was important to look at Mr. Brinker's request to enhance the City's business enviromnent; however, the discussion today was to determine how they can pull the budget together between now and June 30. He stated that at this moment they should be looking to create savings for the next three months. Council Member/Commissioner Kelley supported the idea of the growth plan. He advised that the Parks and Recreation Department is under-funded by at least $1-2 million, but he hoped they could figure out a way to add three more park workers, since the services and programs offered by the Parks and Recreation Department affect the city as a whole. He noted that the director of the department has been very aggressively addressing the landscape maintenance districts and all of the parks citywide; and since they have been under-funded for so many years, he did not consider the basic needs of fertilizer, seed, pest control, and equipment nonessentials or "fluff." Council Member/Commissioner Estrada mentioned that there are a large number of businesses in the community, yet the City has not partnered with those businesses in a real way so that the community benefits directly from those partnerships; for example, support for things like the symphony and other social groups in the community. Council Member/Commissioner Baxter stated that it was crucial that they do not cut those things that would be a draw or incentive for new businesses. The motion made by Council Member/Commissioner Estrada, seconded by Council Member/Commissioner Baxter, that the FY 2007/08 mid-year budget be sent back to the Budget Ad Hoc Committee for further discussion and a more in-depth review in an effort to cut non-necessities, carried by the following vote: 4 03/19/2008 Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/ Commissioner Derry . Council Member/Commissioner Estrada asked the Mayor if he would consider a Mayor's businessman's roundtable where he would bring in the top business people in this community that graciously make a nice profit in our city and talk to them about these things. Mayor/Chairman Morris answered that he had not been shy about talking to them-although not in a group, but more one-on-one. Council Member/Commissioner McCammack reminded everyone of Mr. Brinker's desire to refer Measure "Z" budget items back to the Measure "Z" Committee. She also stated that she had asked the City Manager to request from the Finance Director a complete listing of all expenditures, department-by- department and account-number-by-account-number. Council Member/Commissioner Brinker asked if it would be possible, the next time they get back together to talk about the budget, to have a secondary meeting with the EDA director relative to how it would impact the EDA budget if they used some of its funds to balance the City budget, and to discuss proposals that are possibly in the works to help bring business to the city and doing more in the way of being proactive. City Manager Wilson stated that it was his sense of things that staff had talked to the departments and had basically squeezed everyone down to the bone. He thought it would be more helpful to have some input from the Council and the Budget Ad Hoc Committee about some of the extras or "fluff" that they were talking about, so they have some clarification of where to go from here. He stated that staff needed to discuss with the Council what programs specifically they should eliminate. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that all items regarding Measure "Z" be referred back to the Measure "Z" Citizen Oversight Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 5 03/19/2008 '. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the City Manager be directed to have the Finance Department prepare a complete listing of all expenditures by department and by account number for the period of July 1, 2007, to the present, to be used by the Budget Ad Hoc Committee at their upcoming meeting. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 3. Request from the San Bernardino City Unified School District for a determination of consistency with the City General Plan for development of the site proposed for Wilson II Elementary School (Continued from March 17,2(08) Resolution of the Mayor and Common Council making certain fmdings and determinations pursuant to Government Code Section 65402 with regard to General Plan conformity for a proposed elementary school site (Wilson II Elementary School). City Attorney Penman declared a conflict because his wife is a member of the school board. He advised that Special Counsel Tim Sabo was in attendance to answer any legal questions. John Peukert, Assistant Superintendent, Facilities Operations, San Bernardino City Unified School District, reiterated his request from the March 17 meeting, that the Mayor and Common Council continue the matter to the regular Council/ Commission meeting of April 7; and at that time the District would present information and answers to all of the questions and concerns brought forward at the meeting of March 17. Gail Bernor, 2572 North "F" Street, San Bernardino, CA, expressed opposition to the proposed school, stating that she was concerned with having to move, concerned with what would be left of the neighborhood once the project is completed, and concerned with access/traffic issues, etc. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of April 7 to allow the school district to present their case and the neighbors to present their comments. (Note: The vote was taken following discussion.) 6 03/19/2008 Council Member/Commissioner McCammack stated that when the District built Emmerton II, they did not tell the truth; if they are already buying property for this project, they are violating state law; and if they are not giving people their rights regarding condemnation, they are violating the law. Mayor/Chairman Morris stated that it was important for the Mayor and Council, as colleagues of the school board, to work together on issues that benefit our citizens in the future. He stated that he would very much like to have the discussion and presentation by the District, before making a decision on this matter-that the Council would expect no less from them if the roles were reversed. Council Member/Commissioner Kelley stated that he heard and understood his colleague's concerns-that at times it has been a challenge working with their colleagues at the District. However, this was nothing more than giving them a chance to come back and address the Council-that he was not advocating support or nonsupport. Council Member/Commissioner Brinker advised that building a school in California is very difficult-that the State has made it harder and harder to do. He stated that since he has been on the Council he has worked to be a bridge builder with the school district. He agreed that it has been a challenge to get them to sit down with the Council; however, the Council has to rise above this and allow them to make their case. Council Member/Commissioner Johnson agreed that the city is in dire need of schools; however, at this location there is a neighborhood of stable homes. He stated that he didn't know what case they were going to make, but he didn't think it would be good enough for him to move those people out of their homes. Assistant City Clerk Medina asked whether the motion that was read into the record on Monday, March 17, which included the continuance but also a stipulation according to a govermnent code section was to be part of this motion. Mayor/Chairman Morris responded that this was just a motion for continuance of this entire matter until the April 7 date. Council Member/Commissioner Estrada stated that the vote she was going toocast was not a vote to put those residents out, but it would be a vote to hear the District. 7 03/19/2008 " The motion made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Brinker, to continue the matter to April 7 resulted in a tie by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Kelley. Nays: Council Members/ Commissioners Baxter, Johnson, McCammack, Mayor/Chairman Morris broke the tie with a "yes" vote, and the motion carried. 4, Adjournment At 6:55 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, April 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: li/-, gUt- Linda E. Hartzel Deputy City Clerk No. of Items: 4 No. of Hours: 2.5 8 03/19/2008