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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 Patrick J. Morris Council Membo,..: Esther Estrodtl Dennis J. BOXIer Tobin Brinker Neil Derry ChDs Kelley Rikke Van Johnson Wendy McC011I1tIIJ(:k MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING APRIL 21,2008 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 1:33 p.m., Monday, April 21, 2008, 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 Estrada, Brinker, Derry, Johnson, McCammack; Deputy City Attorney Grider, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Baxter, Kelley. Council Member/Commissioner Baxter Arrived At 1:37 p.m., Council Member/Commissioner Baxter arrived at the Council/ Commission meeting. Council Member/Commissioner Kelley Arrived At 1:47 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. 1. Closed Session A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): 1 04/21/2008 . . Cora Constructors, Inc. v. City of San Bernardino Municipal Water Department - San Bernardino Superior Court Case No. CIVSS 803484; Omnipoint Communications, Inc. dba T-Mobile v. City of San Bernardino, et al. - United States District Court Case No. CV 08-01881 . GAF (OPx); City of San Bernardino; and the Redevelopment A~ency of the City of San Bernardino, California v. LNR San Bernardino, LLC, et al. - San Bernardino Superior Court Case No. CIVSS 700793; Lester Kulikoff v. City of San Bernardino - Workers' Compensation Case Number pending. 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 : Employee Contract: Code Compliance Director 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 Govermnent Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Ne~otiator: Linn Livingston, Human Resources Director Employee Or~anization(s); General Unit Middle-Management San Bernardino Confidential Management Association Fire Fighters Local Union No. 891 San Bernardino Police Officers Association 2 04/21/2008 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Central City North Redevelopment Project Area (Downtown Acquisition Program 1. Property Address: 696 W. 5th Street APNs: 0134-061-21, 22, 25 and 30 Nell:otiatinll: Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as owner, and Christopher Cheng- Chyh Ko, Bruce Cheng-Hsieh Ko and Henry Cheng-Ju Ko, as property owners/sellers Under Nell:otiation: Purchase price, terms and conditions Central City South Redevelopment Project Area 2. Property Address: 1355 S. "En Street Nell:otiatinll: Parties: Jerry and Ann Atkinson, Trustees of the Atkinson Family Trust on behalf of Center Chevrolet, and Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency Under Nell:otiation: Purchase price, terms and conditions Central City Redevelopment Project Area 3. Property Address: Northwest comer of 4th and "G" Streets APNs: 0134-093-19, 20 and 43, and 0134- 093-45 Nell:otiatinll: Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as owner, and TELACU Housing - San Bernardino V, as buyer Under Nell:otiation: Purchase price, terms and conditions 3 04/21/2008 Deputy City Attorney Grider announced that the following additional items would be discussed in closed session under Agenda Item No. lB, Anticipated litigation, significant exposure to litigation: 911 Tax/Fee Issue Agenda Item No. 31 Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of retired Associate Justice of the State Court of Appeal F. Douglas McDaniel, who retired in 1999 after serving 24 years on the State Court of Appeal; and Martin Matich, who served on the Board of Matich Corporation, a company started by his father in 1918 that has done a tremendous amount of work on the State and Interstate highways throughout the State of California. InvocationIPledge of Allegiance The invocation was given by Reverend Fred Adams of the Rock Church and World Outreach Center, followed by the pledge of allegiance, led by Madison Tibke, a student at Anderson School. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations Mayor Morris and Council Member Baxter presented a Certificate of Recognition to Carlos Almaguer, a senior at Pacific High School, who was being recognized as Student of the Month. Jan Dreher, Public Information Officer for SANBAG, and Annette Franco, Public Information Office Specialist, also from SANBAG, joined Mayor Morris in presenting checks in the amount of $6,609.19 each, to Herbert English and Constance Henderson of the Boys and Girls Club and to Tracy Marquez of the American Cancer Society. The funds were left-over contributions made by various sponsors of the "Come Play on the Freeway" event held to celebrate the opening of the 210 Freeway last year. . 4 04/21/2008 Council Member McCarnmack presented Fay Aldridge with a Citizen of the Month award in recognition of her contributions and involvement with the North "D" Street Neighborhood Watch Group. Mayor Morris, Council Member Brinker, Assistant to the Mayor Nick Gonzales, and Jim Eble, president of the Valley College Neighborhood Association, presented Certificates of Appreciation to several of the volunteers and sponsors who participated in the KABOOM playground construction project at Lytle Creek Park on March 29. Garry Cohoe, Director of Freeway Construction for SANBAG, gave a presentation on the Tippecanoe Interchange project, followed by a presentation by Victoria Baker, also from SANBAG, on the Light Rail to Redlands project. 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 Kenneth Brander Michael Blechinger Randy Nolfo Douglas Schuessler Department Police Police Public Services Public Services Years of Service 25 25 20 20 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 McCarnmack 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 Conncil and Community Development Commission, be waived. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 5 04/21/2008 6. Claims and Payroll Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated April 2, 2008, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 7. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Interim Chief Examiner, dated April 16, 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, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 8. RES. 2008-118 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Dennis Jackson, et aI., v. City of San Bemardino, et aI., San Bernardino Superior Court Case No. CIVSS 800797. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-118 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2008-119 - Resolution ofthe Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias & Lockwood and the City of San Bernardino for legal services in the case of Garrett Warren v. City of San Be17llJTdino, et aI., United States District Court Case No. EDCV 08-0072 VAP (OPX). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 6 04/21/2008 Resolution No. 2008-119 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. OR>>. MC-I268 - An Ordinance of the City of San Bernardino adding Chapter 9.93 to the San Bernardino Municipal Code and establishing admini..u-ative civil penalties for violations of the Municipal Code. FINAL READING (Continued from April 7, 2(08) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1268 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license (Off-sale Beer & Wine) for a Fresh & Easy grocery store located at 1631 East Highland Avenue Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC License (Off-sale Beer & Wine) for a Fresh & Easy grocery story located at 1631 East Highland Avenue. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Estrada. Absent: None. 12. Authorization to establish temporary angled public parking on "H" Street between College Drive and Huff Street Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council authorize the temporary establishment of diagonal parking on "H" Street between College Drive and Huff Street. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 7 04/21/2008 13. Item Deleted 14. RES. 2008-120 - Resolution of the Mayor and Common Councll of the City of San Bernardino authorizing the execution of a lease agreement between the City of San Bernardino and Ed and Joyce Seidner and James W. Redfern 2002 Family Trust, for property located at 225 W. Orange Show Lane, in San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2007/08 budget by appropriating $20,000 from Fire Development Impact Fee Funds to Account No. 262-482-5502 per the Staff Report dated April 10, 2008, from Valerie Ross, Director of Development Services; and that said resolution be adopted. The motion carried and Resolution No. 2008-120 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. Item Deleted 16. Amendment No. 1 to Professional Services Agreement with Transtecb Engineers Inc. & Amendment No. 1 to the three-year Capital Improvement Program for FY 2007-2010 RES. 2008-121 - Resolution of the City of San Bernardino approving Amendment No. 1 to the Professional Services Agreement with Transtech Engineers, Inc. for planning, architecture and engineering services to prepare the Santa Fe Depot District Area Plan. (16A) RES. 2008-122 - Resolution of the City of San Bernardino approving Amendment No. 1 to three-year Capital Improvement Program for FY 2007-2010 for Measure "I" local expenditures. (168) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2007/2008 Capital Improvements Budget by transferring $227,200 from Account No. 129-367-5504-7202 (SS-B Construct Accessibility Improvements at Various Locations) to Account No. 129-367- 5504-7178 (San Bernardino Santa Fe Depot Historic Renovation and Restoration Project) in the amount of $162,200 and to Account No. 129-367-5504-7349 (Santa Fe Depot Area Planning Project), in the amount of $65,000; and that said resolutions A&B, be adopted. 8 04/21/2008 The motion carried and Resolution Nos. 2008-121 and 2008-122 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2008-123 - Resolution of the City of San Bernardino amending Resolution No. 6429, entitled in part "A Resolution...establishing a basic compensation plan for officers and/or employees of the Police and Fire Departments of the City of San Bernardino. " Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-123 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. Item Deleted 19. RES. 2008-128 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to the Vender Service Agreement with Creative Contractors, and authorizing the Director of Finance to increase Purchase Order No. 301929 in the amount of $19,690, pursuant to Municipal Code Section 3.04.010B.3, for concrete work to be performed in conjunction with the installation of picnic shelters at Tom Minor Park and Colony Park. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $4,900 from Account No. 243- 363-5504-7752 to Account No. 243-363-5504-7756; and that said resolution be adopted. The motion carried and Resolution No. 2008-128 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2008-124 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Vendor Service Agreements to Ewing in San Bernardino, California, and to Hydroscape in San Bernardino, California, and authorizing the Director of Finance to increase Purchase Order No. 208185 issued to Ewing from $24,500 to $39,500, and to increase Purchase Order No. 208188 to Hydroscape from $24,000 to $39,000 for irrigation parts and supplies. 9 04/21/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $30,000 from Account No. 001-381-5502 (Professional & Contractual) to Account No. 001- 382-5111 (Materials & Supplies); and that said resolution be adopted. The motion carried and Resolution No. 2008-124 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2008-125 - Resolution of the Mayor and Common Counell of the City of San Bernardino authorizing the City Manager to execute Vendor Service Agreement to ICI Paints in San Bernardino, California, and the Director of Finance to increase Purchase Order No. 208189 issued to ICI Paints from $23,550 to $33,550 for paint supplies to be utilized by the Parks, Recreation and Community Services Department. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-125 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2008-126 - Resolution of the Mayor and Common Counell of the City of San Bernardino authorizing the City Manager to execute a Vendor Service Agreement and issuance of a purchase order in the amount of $58,578.00 to Morrison Hope Roofing, Inc. for the purchase and installation of metal roofs on three picnic shelters located at Wildwood, Hudson and Lytle Creek Parks, and five restrooms located at Blair, Perris Hill, Littlefield, Encanto and Horine Parks. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-126 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2008-127 - Resolution of the City of San Bernardino authorizing the execution of a services agreement and issuance of a purchase order to update the Police Department's Filenet Document Imaging System from Avrio Corporation, of El Segundo, California, 10 04/21/2008 ~~. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-127 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2008-129 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the 2008 Assistance to Firefighters Grant Program on-line application to the Department of Homeland Security in the amount of $699,330. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-129 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2008-130 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to Contract 07-481 A-I with the County of San Bernardino Department of Aging and Adult Services (DAAS), accepting the amount of $11,051 to replace kitchen equipment at the Fifth Street Senior Center and the Perris Hill Senior Center. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-130 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2008-131 - Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to adm;n;qer the Alcoholic Beverage Control Grant Funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-131 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11 04/21/2008 27. Approval of preliminAry design and location and authorization to release a Request for Proposals for preparation of plans and specifications for the Verdemont Community Center. Dave Agnew, Primary Architect for David Evans Architect, gave a PowerPoint presentation on the proposed Verdemont Community Center. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council approve preliminary design and location of the proposed Verdemont Community Center; and that staff be authorized to release a Request for Proposals for detailed plans and specifications (construction drawings) for the Verdemont Community Center. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 28. Fee waiver/refund for Norton Space & Aeronautics Academy for the establishment of a charter school at the Mill Center, located at 503 E. Central Avenue Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council approve the refund and waiver of development processing, permit and inspection, and development impact fees in the amount of $10,492 (refund) and $34,773 (waiver) for the establishment of Norton Space and Aeronautics Academy and direct staff to return on June 2, 2008 with a reimbursement agreement. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 29. RES. 2008-132 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of a proposal to provide emergency dispatch services to the City of Rancho Cucamonga. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-132 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12 04/21/2008 - .. 30. RES. 2008-133 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Historical and Pioneer Society for funding assistance related to the establishment of the San Bernardino Railroad Museum. Steve Shaw, president of the San Bernardino Historical & Pioneer Society, P.O. Box 875, San Bernardino, CA, stated that combining early San Bernardino history with railroad history would be a big draw to the depot and the San. Bernardino area. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2007/08 budget as indicated in the staff report dated April 2, 2008, from D' Ann Lanning, Assistant to the Mayor. The motion carried and Resolution No. 2008-133 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. RES. 2008-134 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and increase to contract Purchase Order #08-070, with three single year renewal options, to Applied LNG Technologies pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of LNG fuel. (Continued from April 7, 2008) Chad Lindholm, Regional Manager of Clean Energy, 3020 Old Ranch Parkway, Seal Beach, CA, stated that at no time was there an official release of a documented Request for Proposal, that Clean Energy was clearly the lowest bidder for LNG fuel supply, and pointed out several purported errors in the proposal and bidding process. Guy Burgess, Applied LNG Technologies, 3001 Knox Street, Dallas, TX, stated that they were the company that was originally going to be awarded the LNG fuel and maintenance contract, and that both his company and Clean Energy were asked to bid both the fuel and the maintenance contract together as a package. He noted that both companies had been asked to go before the City's Ways and Means Committee to explain their proposals, and at that meeting they successfully proved that their company was the fuel and maintenance provider of choice and the total low-cost bidder. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 13 04/21/2008 - Resolution No. 2008-134 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 establishing certain fees for services furnished by the City of San Bernardino, amending Resolution No. 96-188 and repealing Resolution No. 2006-325 Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, amending Resolution Nos. 89-471,91-148 and 96-188, and repealing Resolution No. 2006-325. An Ordinance of the City of San Bernardino amending Section 5.04.015 of the San Bernardino Municipal Code by adding Sub section "E" relating to Business Registration Certificate Application processing fees. FIRST READING Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Kelley pointed out that the item had not been heard by the Ways and Means Committee and recommended that the matter be referred to Ways and Means prior to action being taken by the Mayor and Council. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the matter be referred to the Ways and Means Committee, to be brought back to the Council/Commission meeting of May 5, 2008. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 33. Public hearing - formllli7.ation of a Red Light Camera Photo Enforcement System Policy and expansion of the existing Traffic Signal Violation System (Continued from April 7, 2(08) RES. 2008-135 - Resolution of the City of San Bernardino authorizing an amendment to the Lease and Services Agreement with Nestor Traffic Systems, Inc., to expand the existing Traffic Signal Violation System. Mayor/Chairman Morris opened the hearing. 14 04/21/2008 Frank Mankin, Assistant Chief of Police, stated that two corrections relative to the amount of the purchase order needed to be made to the resolution-that in Section 2, the Director of Finance is authorized and directed to issue a purchase order for an amount of $1,949,560 for FY 2008/09 and $2,249,200 for FY 2009/10. The corrected figures should be $1,982,650 for FY 2008/09 and $2,501,760 for FY 2009/10. He advised that the City Attorney's office concurred with these changes. Assistant Chief Mankin advised that originally four locations were selected for the red light cameras, and there has been a reduction in the number of accidents over the period of time that these cameras have been in place. He advised that further analysis had been done to see what kind of traffic situations exist throughout the city and to examine motor safety issues. Assistant Chief Mankin stated that the Federal Highway Administration concept was used so that they are not only trying to get people to slow down, but they are hoping that some education will occur in that forum. He advised that the average daily traffic counts were taken into consideration by Traffic Engineering, and the number of accidents-injuries and fatalities-caused by red light violations during the time frame January 1, 2005, through December 31, 2007, was also examined. Then, a survey of red light violations was conducted to determine the intersection's ability to be a traffic reminder and educational tool for the volume of traffic traveling through these intersections. He stated that the Police Department has now provided the Council with seven additional intersections for their consideration; and should they decide to adopt those, the costs were also contained in the report. He pointed out that if the Council decides to expand the program the Police Department would need to hire one additional police officer and one additional community service officer supervisor-a civilian position-to be effective January 1, 2009, to oversee the program, as they anticipate an increased volume of violations with the addition of several more intersections. Council Member/Commissioner Johnson stated that he would like to have information regarding the type of accidents that occurred before and after the red light cameras were placed by Nestor-were there more T-bone accidents or more rear-end accidents prior to the cameras versus the type and number of accidents after installation of the cameras. Council Member/Commissioner Brinker stated that his concern was that staff was looking at putting in these cameras as a way of solving a problem without maybe addressing what the underlying issues really are. 15 04/21/2008 " He stated that as people change their driving patterns to try and avoid these lights, it may actually create other traffic problems in other areas, and so he would like staff to maybe consider looking at some of these intersections for other types of measures as opposed to going to these cameras as the first resort as the way to reduce the number of accidents. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he thought these cameras were just a source of money for the City. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that said resolution, as amended, be adopted; that the Mayor and Common Council authorize the addition of the following positions in the Traffic Bureau (Account No. 001-217) for FY 2008/09: one (I) Police Officer ($79,274 - 6 mos.) and one (1) Community Service Officer Supervisor ($37,662 - 6 mos.); that the Director of Human Resources be directed to update Resolution No. 97-244 (position control) as part of adopting the FY 2008/09 General Fund budget to reflect this particular action; and that the Finance Director be authorized to adjust the FY 2008/09 court fines revenues budget as needed. The motion carried and Resolution No. 2008-135 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Johnson, McCammack. Nays: Council Members/Commissioners Brinker, Derry, Kelley. Absent: None. 34. RES. 2008-136 - Resolution of the Mayor and Common Council mAking certain Findings and Determinations pursuant to Government Code Section 65402 with regard to General Plan Conformity for a proposed elementary school site (Wilson IT Elementary School). (Continued from April 7, 2008) The City Attorney's office declared a conflict on this item because City Attorney Penman's wife is a member of the school board. Special Counsel Sabo assumed the duties of legal counsel. Terri Rahhal, Deputy Director/City Planner, stated that there was one thing that needed to be taken into consideration when the Wilson II Elementary School goes forward and is considered by the school board; and that is, if the Council makes a fmding of conformity with the City's General Plan, the project can be approved with a simple majority vote of the board. However, if the Council has not found the project to be in conformity with the City's General Plan, the school board would need a super majority to pass the project. 16 04/21/2008 Ms. Rahhal advised that the new information cited in the resolution before the Council at this time was based on the presentation made by the school district, the public testimony, the extensive discnssion, and the vote that was taken by the Council at the last meeting on April 7, which directed staff to come back with a resolution finding the project in conformity with the City's General Plan. In other words, the finding of conformity was based on the deliberation of the Council that was voted on at the last meeting, based on the evidence presented at that meeting. Biron Bauer, 765 N. Mountain View Avenue, San Bernardino, CA, questioned the new findings, stating that they were very generic. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-136 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley. Nays: Council Members/Commissioners Baxter, Johnson, McCammack. Absent: None. 35. OR>>. MC-1269 - 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 fll'eworks. FINAL READING (Continued from April 7, 2(08) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Derry, that said ordinance be adopted. Ordinance No. MC-1269 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Baxter, Brinker, Derry, McCanunack. Nays: Council Member/Commissioner Johnson. None. Council Kelley, Absent: 36. Ordinance amending San Bernardino Municipal Code Chapter 9.92 regarding the Admini~rative Citation Process. FIRST READING Note: No backup materials were submitted for this item. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of May 5, 2008. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 17 04/21/2008 " - 37. Report from the Measure Z Oversight Committee on Uses of Measure Z Funds - April 1, 2007 through June 30, 2007 Committee Member Susan Lien Longville presented the report on behalf of the Measure Z Oversight Committee. She verified that none of the funds were used to supplant existing services. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the report from the Measure Z Oversight Committee on use of Measure Z funds from April I, 2007 through June 3D, 2007, be received and filed. 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; Senior Assistant City Attorney Calkins, Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo, City Clerk Clark. Absent: None. R38. Public hearing - recommended allocations of 2008-2009 Community Development Block Grant, Emergency Shelter, and HOME Federal Grant Program Funds RES. 2008-137 - Resolution of the Mayor and Common Council of the City of San Bernardino: (1) approving the 2008-2009 Community Development Block Grant (CDBG) appropriations in Attachment I as recommended by the Community Development Citizen Advisory Committee; (2) approving the 2008-2009 HOME and Emergency Shelter Grant (ESG) appropriations noted in Attachments m and IV; (3) approving the 2007-2008 CDBG reallocation of Program Income Funds; and (4) authorizing the Mayor to execute and submit to BUD such documents as requested by BUD and that the City Manager be authorized to take all necessary actions for the execution of any contracts and/or ancillary documents to effectuate these recommendations. Mayor/Chairman Morris opened the hearing. Council Member/Commissioner McCammack stated that she would need to abstain on Line Item Nos. 25 and 28 under the Community Development Block Grant allocations. 18 04/21/2008 Susan Lien Longville, representing Patrons of the Roosevelt Bowl, expressed disappointment that they had not received an allocation and spoke regarding the Farmer's Fair and Market Night activities. Joseph Rodriguez of Gang Reduction Intervention Team ("G.R.1. T. ") provided information on their program and thanked staff for their allocation. Linda Pederson, 2939 Stoddard, San Bernardino, CA, St. John's Community Center, thanked staff for the money they received last year and the allocation of partial funding for this year. Joseph WilliAm" of Youth Action Project, Inc. thanked the committee for their allocation. Responding to inquiries from the Council, Mr. Marzullo advised that as of now all the monies had been allocated up to the amount of the grant. However, if the Council so desired they could change the allocations (although letters advising of the recommended amounts had gone out to all applicants), or they could wait until mid-year to determine if there were any unspent funds. It was also noted that funds still available from program income and any leftover money had been "swept" into the total fund that was allocated. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted, with the exception of Community Development Block Grant (CDBG) Line Item Nos. 25 and 28; and that the matter be referred to the next Redevelopment Committee meeting for further consideration. The motion carried and Resolution No. 2008-137 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Council Member/Commissioner McCammack left the dais. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that CDBG Line Item Nos. 25 and 28 be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 19 04/21/2008 - R39. RES. CDC/2008-14 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. .1 to the 2006 Professional Services Agreement by and between the Agency and California Property SP"<'iAIi~ts, Inc. (lVDA Redevelopment Project). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. CDC/2008-14 was adopted by the following vote: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: None. Ayes: Kelley, Council Member/Commissioner Estrada requested an updated map with a total accounting of all properties acquired thus far, including an update of what the development plan is at this point in time. R40. RES. CDC/2008-15 - Resolution of the Community Development Commi~gon 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 Purchase Option Agreement by and between the Agency and TELACU Housing - San Bernardino V, Inc., a California non-profit public benefit corporation ("Developer") (Central City North Redevelopment Project Area). The following individuals spoke in support of the project: Jeanette Jackson, 451 North "R" Street, #309, San Bernardino, CA, currently a resident in a TELACU senior development downtown; Helen Parker, 451 North "H" Street, #323, San Bernardino, CA, who also resides in the downtown TELACU senior complex; Walter Johnson, Jr., Senior Affairs Commissary for the County of San Bernardino. Greg Villanueva, architect for the project, 21720 Allonby Circle, Yorba Linda, CA; and Tom Provencio of TELACU, 5400 E. Olympic Blvd. #300, Los Angeles, CA, stated that they were available to answer any questions the Council might have. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the development process in the County of San Bernardino. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted 20 04/21/2008 Resolution No. CDC/2008-15 was adopted by the following vote: Council Members/Commissioners Baxter, Brinker, Derry, Kelley. Council Member/Commissioners Estrada, Johnson, McCammack. None. Ayes: Nays: Absent: R41. Submission of a Transit-Oriented Development ("TOD") Loan Application to the State of California Department of Housing and Community Development for Property Acquisition - 555 North "E" Street (Central City North Redevelopment Project Area) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Derry, that the Community Development Commission of the City of San Bernardino ratify the submission of an application to the State of California, Department of Housing and Community Development in the amount of $800,000 for the purchase of the property located at 555 North "E" Street for the sbX Corridor Project. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. R42. Item Deleted R43. Public Hearing - Consent and approval of the 2008 Real Property Acquisition Agreement for disposition of property at 247 West 3M Street to the State of California (Central City East Redevelopment Project Area) RES. 2008-138 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of property located at 247 West 3M Street, San Bernardino (APN: 0135-221-22) to the State of California pursuant to the 2008 Real Property Acquisition Agreement (Central City East Redevelopment Project Area). (R43A) RES. CDC/2OO8-16 - 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 Real Property Acquisition Agreement by and between the Agency and the State of California (Central City East Redevelopment Project Area). (R43B) Mayor/Chairman Morris opened the hearing. No public comments were received. 21 04/21/2008 . . Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions A&B, be adopted. Mayor and Common Council Resolution No. 2008-138 and Community Development Commission Resolution No. CDC/2008-16 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R44. Resolution of the Community Development Commilluon 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 Loan Guarantee Agreement to Arrowhead Credit Union and to accept the Loan Guarantee from Center Chevrolet and its principals to the Agency (Central City South Redevelopment Project Area). Note: No backup materials were submitted for this item. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of May 5, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. R45. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the illegal immigration problem. Bill Robinson, 5405 N. Park Lane, San Bernardino, CA. aunounced that on Thursday, April 24, at 9 a.m., there would be a tour of the flood basins from Sepulveda to Waterman Canyon. Rachel Brown of the La Rouche Political Action Committee asked the City Council to pass a resolution in support of Federal action to revitalize the economy. Lewis Whilden, also of the La Rouche Political Action Committee, reiterated Ms. Brown's comments, stating that although he would prefer that one of the Council Members would have the courage to sponsor such a resolution, at the very least he would like to see the item placed on the Legislative Review Committee agenda. 22 04/21/2008 Justin Smith, 7094-G Newbury Avenue, San Bernardino, CA, stated that he wants to start a business in San Bernardino and he needs personal assistance from the Council members relative to communications, funding, and general guidance. 39. Adjournment At 10:08 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, May 5, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK Lity Clerk By: 2./kt1- Linda E. Hartzel Deputy City Clerk No. of Items: 39 No. of Hours: 8.5 23 04/21/2008 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor PaJr/ck J. Morris COIlIJdl MemMrs: EstJu:r Estrada Dennis J. Baxter Tobin Brinker Neil Derry CIuJs KeUey RiJdre Van Johnson Wendy McCammock - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 5,2008 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 1:35 p.m., Monday, May 5,2008, 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 Estrada, Brinker, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Baxter, Derry, Kelley. Council Member/Commissioner Derry Arrived At 1:51 p.m., Council Member/Commissioner Derry arrived at the Council! Commission meeting. Council Member/Commiuioner Kelley Arrived At 1:53 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): 1 05/05/2008 Jane Batey v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 141503; City of San Bernardino v. Jesse Mitchell - San Bernardino Superior Court Case No. CIVSS 803274; Maria Glander v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 123858; Ollie Dean Harris v. City of San Bernardino - San Bernardino Superior Court Case No. 143684; People v. Manta Mana~ement Corp. - San Bernardino Superior Court Case No. SCV 18157. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: 2 cases 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: Ne~otiator: Linn Livingston, Human Resources Director Employee Or~anization: Fire Fighters Local Union No. 891 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2 05/05/2008 Council Member/Commissioner McCarnmack requested that the following be discussed in closed session: Agenda Item No. R26. Closed Session Announcement City Clerk Clark reported that the following action took place during closed session at the Council meeting held on April 21, 2008. In the matter of Lester Kulikoff v. City of San Bernardino, a motion was made by Council Member/Commissioner Brinker, seconded by Council Member/ Commissioner McCarnmack, and unanimously approved, to authorize paying 50% of the amount of the award in lump sum to Lester Kulikoff, upon approval of the Workmen's Compensation Appeals Board. Regarding the employee contract for the Code Compliance Director, a motion was made by Council Member/Commissioner Kelley, seconded by Council Member/Commissioner Johnson, to approve the Fifth Amendment to the Employment Agreement between Glenn D. Baude and the City of San Bernardino. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCarnmack. 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. Moment of Silence Mayor/Chairman Morris extended condolences to the families and requested a moment of silence in memory of Al Wilson, R & B singer/songwriter who lived in San Bernardino for the past 50 years and was best known for his hit single "Show and Tell"; William "Bill" Katona, who served as Third Ward Councilman from 1967 to 1979, and as Director of the Municipal Water Board from 1981 to 1993; Donna Austin, also known as Maria Austin, who was employed by the San Bernardino County Meals on Wheels Program, member of the International Chili Society, a World Class Cook and Nevada State champion, and a member of Friends of San Bernardino Parks; and Paul Mordy, who worked in the City Attorney's Office and then in the County Counsel's Office until his retirement, and was the treasurer for the San Bernardino Community Scholarship Association and the San Bernardino Valley Concert Association. 3 05/05/2008 InvocationlPledge of Allegiance The invocation was given by Reverend Jose Vindel of St. Paul's United Methodist Church, followed by the pledge of allegiance, led by Council Member/Conunissioner Brinker . 2. Appointment - Reverend Joshua Beckley - Measure Z Citizens Oversight Committee - Mayor Morris Note: No resume was distributed with the backup materials. Council Member/Conunissioner Johnson made a motion, seconded by Council Member/Conunissioner Estrada, that the appointment of Reverend Joshua Beckley to the Measure Z Citizens Oversight Committee, as requested by Mayor Morris, be approved. The motion carried by the following vote: Ayes: Council Members/ Conunissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Conunissioner Baxter. 3. Presentations In celebration of Cinco de Mayo, performances were provided by Ballet Folklorico Cultural de San Bernardino, under the direction of Gloria Chavez, and the Mariachi Juvenil de San Antonio, directed by Maria Sanchez and her daughter, Crystal, based out of St. Anthony's School in San Bernardino. In observance of Law Enforcement Recognition Month, Mayor/Chairman Morris issued a Resolution of Commendation to the San Bernardino Area Chamber of Commerce and The Sun newspaper for their annual event honoring and recognizing law enforcement officers for their conunitment and dedication to keeping our community a safe place for all. Jack Hill accepted the award on behalf of the Chamber. A Resolution of Commendation was presented to Bernie, the 66ers baseball team mascot, in appreciation of his outstanding contributions to the City of San Bernardino and its citizens, and for creating the "Grand Slam Reading Program" in 2007, which encourages kids to read. 4. Announcements Aunouncements 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. 4 05/05/2008 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 6. Counell Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 17, 2008; and March 19, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated April 16, 2008, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 8. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Interim Chief Examiner, dated April 29, 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: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 5 05/05/2008 9. Authorization for Finance Director to create a new capital improvement project related to the North San Bernardino Industrial ParkIFedEx Project Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the Director of Finance be authorized to amend the FY 2007/08 budget to create a new capital improvement project and to appropriate $3,750,000 in the Street Construction Fund, Account No. XXX- XXX-XXXX-XXXX, for the "construction of specified public infrastructure improvements related to the North San Bernardino Industrial ParklFedEx Project as outlined in the Federal Economic Development Administration Grant" and budget a corresponding revenue reimbursement of $3,750,000 to be paid by Federal EDA and Hillwood. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 10. Item Deleted 11. RES. 2008-146 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Parcel Map No. 17809, located on the northwest corner of Fifth Street and Mount Vernon Avenue in the Paseo Las Placitas Specific Plan, 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 McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Community Development Commission authorize the Interim Executive Director or his designee to execute Parcel Map No. 17809 and Subdivision Agreement on behalf of the Redevelopment Agency of the City of San Bernardino. The motion carried and Resolution No. 2008-146 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 12. RES. 2008-139 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement for services and issuance of a purchase order to Grand Development & Investment Inc. DBA Hart Coustruction for City Hall sewage lift station repair per RFQ F-08-16. 6 05/05/2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2008-139 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 13. RES. 2008-140 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a vendor service agreement and the Director of Finance to issue a purchase order for landscape district maintenance services in the amount of $353,085.75 to Service Scape for Assessment District Areas "A", "B", "C", "E" and "J"; and in the amount of $93,633.88 to Golden West Landscape Contractor for Assessment District Areas "D", "F", "G", "H" and "I". Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2008-140 was adopted by the following vote: Ayes: Council Members/Commissioners ,Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 14. RES. 2008-141 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Amendment No. 1 to Contract 05/06-747-0056 RD, 2007-320 with the San Bernardino City Unified School District to include Exhibit A: Fee Schedule 07/08 April 24, 2008. City Attorney Pemnan abstained because his wife is a member of the school board. He advised that Special Counsel Sabo had reviewed the documents. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2008-141 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 15. RES. 2008-142 - Resolution of the City of San Bernardino authorizing the execution of a services agreement and issuance of a purchase order to implement Phase I of a replacement network video recording system from HeI, Inc., of Norco, California. 7 05/05/2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the Director of Finance be authorized to amend both the FY 2007/08 Law Enforcement Development Impact Fees and FY 2007 LETPP grant budgets to reflect the following transfers: $46,421 from Account No. 261-481-5502 to Account No. 261-481-5704 and $106,078 from Account No. 123-772-5502 to Account No. 123-772-5704. The motion carried and Resolution No. 2008-142 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 16. RES. 2008-143 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to annual Purchase Order Number 208213 by $21,300 issued to the County of San Bernardino Solid Waste Management Division for street sweeping and right-of-way crew waste fees. . ., Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2008-143 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 17. RES. 2008-144 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the approval of Amendment No. 1 to the Vendor Service Agreement and increase to Purchase Order Number 208394 by $22,_ issued to West Coast Arborlsts, Inc. for tree trimming services along the IWM collection routes. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2008-144 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 18. RES. 2008-145 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to Purchase Order Number 208412 by an additional $22,000 issued to Matich Corporation for asphalt materials. 8 05/05/2008 City Attorney Penman abstained because Matich Corporation has made contributions to his City Attorney campaign. He advised that Special Counsel Sabo had reviewed the documents. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2008-145 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 19. Resolutions authorizing increases to Contract Purchase Order No. 08-062 in the amount of $230,000 to Matich Corporation and Contract Purchase Order No. 08-063 in the amount of $25,000 to Pavement Recycllng Systems Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Contract Purchase Order Number 08-062 in the amount of $230,000 to Matich Corporation pursuant to Section 3.04.010 B-3 of the Municipal Code for additional street paving services. (19A) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the approval of Amendment No. 1 to the Vendor Service Agreement and increase to Contract Purchase Order Number 08-063 in the amount of $25,000 to Pavement Recycling Systems, Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for additional cold planing services, labor and equipment rental for city street repairs. (19B) City Attorney Penman abstained because Matich Corporation has made contributions to his City Attorney campaign. He advised that Special Counsel Sabo had reviewed the documents. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 20. RES. 2008-147 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Purchase Order No. 208043 by an additional $15,000 and approving Amendment No. 1 to Agreement for Parking Citation Processing Services with Phoenix Group Information Systems. 9 05/05/2008 . Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to transfer $15,000 from the Facilities Management FY 2007/08 budget Account No. 001-326-5011 (Salaries) to Account No. 001-326-5502 (Contractual Services). The motion carried and Resolution No. 2008-147 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Johnson, McCammack. Nays: Council Member/Commissioner Kelley. Absent: Council Members/Commissioners Baxter, Derry. 21. RES. 2008-148 - Resolution of the City of San Bernardino ratifying the submittal of a grant application to the Office of Juvenile Justice and Delinquency Prevention (OJJDP) and authorizing the City Manager to execute an MOU with County Probation to provide expanded G.R.E.A.T. training at San Bernardino City Unified School District schools. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-148 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: CounciI Members/Commissioners Baxter, Derry. 22. PreliminAry Review of the Urban Area Security Initiative (lIAS!) Grant Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that the grant application be received and filed. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Baxter, Derry. 23. Public hearing - ordinance adding Chapter 8.02 to the San Bernardino Municipal Code relating to the inspection grading of food establishments (Continued from April 7, 2(08) An Ordinance of the City of San Bernardino adding Chapter 8.02 to the San Bernardino Municipal Code and adopting, by reference, San Bernardino County Code Chapter 14 of Division 3 of Title 3, relating to the inspection grading of food establishments. FIRST READING. Mayor/Chairman Morris opened the hearing. No public comments were received. 10 05/05/2008 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Baxter, Derry. 24. Public hearing - resolution establishing certain fees for services furnished by the City of SaIl Bernardino, amending Resolution Nos. 89-471 and 91-148 and repealing Resolution No. 2006-325 (Continued from April 21, 2(08) RES. 2008-149 - Resolution of the City of SaIl Bernardino establishing certain fees for services furnished by the City of SaIl Bernardino, amending Resolution Nos. 89-471 and 91-148 and repealing Resolution No. 2006-325. The hearing remained open. City Manager Wilson stated that this matter was referred to the Ways and Means Committee, and at their meeting of April 29, 2008, they looked at the various fees that were recommended and requested that staff provide additional information on certain fces from the City Clerk's Office, Development Services, Parks and Recreation, the Police Department and Code Enforcement. He stated that approximately 14 fees were deleted from the action list and those fees would be addressed by the Ways and Meaus Committee on Wednesday. Mr. Wilson stated that the total amount of revenue was estimated to be $1,553,000, and of that amount, $1 million was set aside to fund the single-family residential inspection program. He added that the net amount to the General Fund would be about $450,000 annually by this action. ' No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2008-149 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Brinker, Derry, Johnson, McCammack. Nays: Council Member/Commissioner Kelley. Absent: Council Member/Commissioner Baxter. 25. Ordinance of the City of SaIl Bernardino amending San Bernardino Municipal Code Section 9.92.020 relating to the Adminilltrative Law Officer for the Adminilltrative Citation Process. FIRST READING (Continued from April 21, 2(08) 11 05/05/2008 Council Member/Commissioner Estrada 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: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. COMMUNITY DEVELOPMENT COMMISSION R26. Resolution of the Community Development Commi...qon 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 Loan Guarantee Agreement to Arrowhead Credit Union and to accept the Loan Guarantee from Center Chevrolet and its principals to the Agency (Central City South Redevelopment Project Area). (Continued from April 21, 2008) Note: No backup materials were distributed. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Councill Commission meeting of May 19, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 27. Public Comments James Smith, 1156 E. 24'" Street, San Bernardino, CA, spoke about the dedication of three new schools in the City of San Bernardino. Ken Durr, 1661 E. Mesa Verde, San Bernardino, CA, reported that a little over two weeks ago a large piece of metal artwork and other scrap metal objects were stolen from the yard of one of his spec homes, and that his neighbor had $2,000 to $3,000 in chain link fencing and pipe stolen. Mr. Durr stated that he would like to work with the City on starting a grassroots program to curtail this problem, and added that he would like to see video cameras installed at all scrap metal yards. 12 05/05/2008 ~ ~ 28. Adjournment At 4:54 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, May 19, 2008, in the Council Chambers of City Hall, 300 North "0" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By~~.1dhJ~ Linda Sutherland Deputy City Clerk 13 05/05/Z00S