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Home My WebLink About06-25-2008 Adjourned Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palrick J. Morris Council Members: Esther Estrada Dermis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McClll1ll1IilCk - MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JUNE 25,2008 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 201 NORTH "E" STREET SAN BERNARDINO, CA 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 5:37 p.m., Wednesday, June 25, 2008, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCanunack; City Attorney Pemnan, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Baxter. Council Member/Commissioner Estrada Excused at 7:00 p.m. Council Member/Commissioner Johnson Excused at 7:52 p.m. 1. Closed Session Pursuant to Government Code Section(s): 1 06/25/2008 A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): San Bernardino City Professional Firefi~hters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et aI. - San Bernardino Superior Court Case No. CIVSS 807685; Richard "Scott" Moss, et aI. v. City of San Bernardino, et aI. - United States District Court Case No. CV 07-01027 SGL (OPX); Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - San Bernardino Court Case No. CIVSS 708367. 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. 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(s): General Unit Middle-Management San Bernardino Confidential Management Association Fire Fighters Local Union No. 891 San Bernardino Police Officers Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 2 06/25/2008 City Attorney Penman announced that the following case would be discussed in closed session: City of San Bernardino v. Jesus Rodrigues Frausto, et al. - San Bernardino Superior Court Case No. CIVSS 701469. 2. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of a License and Indemnification Agreement by and between the County of San Bernardino, the City of San Bernardino and the High Desert Partnership in Academic ExceUence Foundation, Inc., for property located at 503 East Central Avenue, San Bernardino, CA. (Continued from June 2, 2008) Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of July 7,2008, in order to allow the City Attorney to meet with County Counsel to resolve some legal issues; and that language in the staff report be changed from fee waiver/refund to fee waiver/reimbursement. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: Council Member/Commissioner Baxter. 3. Reconsider the action taken on June 16, 2008, Agenda Item No. 21 - Lease Agreement between Chase Financial Services and the City of San Bernardino RES. 2008-241 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Lease Agreement and issuance of a purchase order to Chase Financial Services for tenant improvements required to expand police parking and for the FY 2008/09 parking lot lease and utility payments not to exceed $70,000. (Note: Resolution No. 2008-241 was adopted on 6/16/08, Item No. 21.) City Attorney Penman stated that there were two provisions in the agreement approved on June 16, 2008, that shouldn't have been included. He requested that the Council rescind the prior action. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that the prior action approving the lease agreement that was taken at the June 16, 2008 Council meeting, be rescinded. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Baxter. 3 06/25/2008 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council authorize the City Manager to execute the revised Lease Agreement between Chase Financial Services and the City of San Bernardino for tenant improvements required to expand police parking and for the FY 2008/09 parking lot lease and utility payments. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: Council Member/Commissioner Baxter. 4. Budget deliberations - Fiscal Year 2008/09 - discuss and take possible action concerning proposed City and EDA budgets John Nienstedt, Sr., President of Competitive Edge Research & Communication, Inc., 2170 4th A venue, San Diego, CA, provided a sununary of the results of the San Bernardino Tax Measures Poll that was designed to determine the viability of passing a Utility User Tax, a Transient Lodging Tax increase, a Warehouse Tax, a Quarry Tax, and a 911 Communications Tax. Michael Billdt, Chief of Police, submitted into the record and spoke regarding the San Bernardino Police Department Proposed Reorganization 2008/2009. He stated that the proposed reorganization included major changes in police operations that would enhance police services and efficiency while generating over $2.9 million in General Fund savings in Fiscal Year 2008/2009. Chief Billdt submitted a map into the record titled, "San Bernardino Police Department Violent Part 1 Crimes 2008,>> that depicted crime trends and patterns in the City using new mapping technology. Dr. Milton Clark, Chairman of the Library Board, stated that their proposal is to apply the money the Council allocated for the Mobile Library Program to the reduction target of $384,704, hold several positions vacant, and reduce the use of electricity by reducing the hours of operation of all libraries, except Feldheym, from 54 hours per week to 30 hours per week. Council Member/Commissioner Kelley stated that the Mobile Library was an essential tool to educate and promote the library and one that could be utilized City-wide. He recommended that the City find a way to fund the Mobile Library unit using Measure Z funding. Dr. Clark stated that while they support the book mobile project, the board felt it could not in good conscience take such drastic measures to achieve their reduction and at the same time introduce a new service that would provide far less than the existing branches. 4 06/25/2008 Council Member/Commissioner Brinker stated that he didn't believe the City would even consider cutting fire services and not consider some reductions in the libraries, or at least consider looking at ways to improve services and save money at the same time. Dr. Clark stated that the board feels that the Mobile Library Program is valuable as a supplement to existing library services; however, if it's used to supplant existing services, they feel it is a poor substitute. Dr. Clark stated that one of the services that is most heavily used is internet access because many residents do not have that available to them. By reducing the hours of service and substituting the Mobile Library, the net effect is that fewer people would have access to the terminals that the library currently makes available. 5. Adjournment At 8:25 p.m., the meeting adjourned to 5:30 p.m., Monday, June 30, 2008, in the Economic Development Agency Boardroom, for discussion of the FY 2008/09 budget. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, July 7, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By~J-11.1LA~~ Linda Sutherland Deputy City Clerk 5 06/25/2008