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Home My WebLink About06-Council Minutes , CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palmk J. Morris CouncU Members: Esther Estroda Dennis J. Boxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JULY 16, 2008 COUNCIL CHAMBERS 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 4:38 p.m., Wednesday, July 16, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCarnmack; City Attorney Penman, City Manager Wilson, City Clerk Clark. Absent: Council Member/Commissioner Derry. Council Member/Commissioner Derry arrived at 5:05 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): San Bernardino City Professional Firefil!;hters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. - San Bernardino Superior Court Case No. ClVSS 807685; 1 07/16/2008 , Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - 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) (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: Negotiator: Linn Livingston, Human Resources Director Employee Organization(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. Budget deliberations - Fiscal Year 2008/09 - discuss and take possible action Mayor/Chairman Morris stated that the City Manager had prepared a memorandum dated July 15, 2008, titled, "Budget Update and Next Steps," which provided a budget update and steps for balancing the City's budget in the next fiscal year. 2 07/1612008 City Manager Wilson stated that at the last several budget workshops, the Mayor and Council had approved in concept a total of $11,977,500 in budget-balancing measures, lowering the deficit from $17,362,900 to $5,385,400. He stated that the spread sheet (yellow sheet) contained a list of remaining recommendations for Council consideration, which, if adopted, would reduce the deficit to $4,035,200. Mr. Wilson recommended that the Council have further discussion regarding the proposal for placing revenue measures on the November 2006 ballot, including the concept of a potential library revenue measure raised by Councilman Brinker. Police Chief Billdt reviewed highlights of the proposed reorganization plan. He stated that it would improve the efficiency of the agency by deploying more resources to deal with emerging crime issues in each district for a total savings of approximately $2.9 million. Chief Billdt responded to questions/concerns raised by members of the Council. Richard Lawhead, President of the Police Officers Association, stated that they needed the supervision and the detectives; however, the City is in a crisis and if this is the only way to balance the budget, they are going to work a little harder. He stated that they have started to see a decrease in crime now, but they may be back next year if they see a spike in crime due to lack of personnel. Mr. Lawhead urged the Council to be cautious because they have hired some extremely young officers who require constant supervision and mentorship, and if they take away some of those higher positions, they would take away some of that direct supervision and mentorship. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, to approve the Police Department reorganization plan in its entirety. No vote was taken. Council Member/Commissioner McCarnmack made a substitute motion, seconded by Council Member/Commissioner Derry, to approve the Police Department reorganization plan excluding the $766,600 ($653,600 plus $113,000). The motion carried. Ayes: Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays: Baxter. Absent: None. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, to approve the recommended cuts by the Police Chief of $653,600, $113,000, and $41,500, for a total of $808,100. No vote was taken. Council Member/Commissioner McCarnmack made a substitute motion, seconded by Council Member/Commissioner Estrada, to vote on each item separately. The substitute motion was subsequently withdrawn. 3 07/16/2008 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, to approve cuts totaling $653,600 from the Police Department budget, which would hold vacant two (2) District Admin Sergeants, one (1) Chiefs Executive Officers/Sergeant, and three (3) District Detectives; upgrade one (1) Lieutenant to Captain and one (1) CSO II to Information Analyst I (Crime Mapper). The motion carried. Ayes: Estrada, Baxter, Brinker, Johnson. Nays: Derry, Kelley, McCammack. Absent: None. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, to approve cuts totaling $113,000 vacating two (2) CSO I positions in the Police Department. The motion carried. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson. Nays: Derry, McCammack. Absent: None. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, to approve cuts totaling $41,500 vacating one (1) Police Records Tech I. The motion carried unanimously with all members present. Council Member/Commissioner McCarnmack expressed concern regarding Animal Control and the fact that dead animals are not being picked up in a timely manner. City Manager Wilson stated that the issue of animal control services was scheduled to be heard at the next Ways and Means Committee. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, to approve cuts totaling $48,000 vacating a Customer Service Representative in Animal Control. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: McCammack. Absent: None. Council Member/Commissioner McCarnmack stated that she was concerned that the City was not collecting the proper amount of sales tax from every retailer and annexed County pockets. She didn't want to make any more cuts until they make sure the City is getting all the money it should be getting. Council Member/Commissioner Derry stated that LAFCO was responsible for notifying State agencies whenever an annexation occurs. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, spoke against any cuts from Police or Fire. 4 07116/2008 The following individuals spoke in support of Operation Phoenix: Khalid Sayeg, 7779 Calle Carrisa, Highland, CA; Barbara Babcock, 1234 S. 26th Street, San Bernardino, CA, speaking on behalf of George Aguilar; Larry Hellmann, 932 Westport Lane, Vista, CA; Joseph Rabon, 5627 N. Wagonwheel Road, San Bernardino, CA; Linda Hart, 1864 Bradley, San Bernardino, CA; John Arias, San Bernardino, CA, Outreach Ministries of Victory Outreach International; Marsha Wilkins, 255 N. "D" Street, Suite 412, San Bernardino, CA; Nancy Sanchez-Spears, P.O. Box 1654, Redlands, CA; Gregory Baugh, 5700 Division Street, Riverside, CA; Candice Davis, 1679 W. Virginia Street, San Bernardino, CA; Carolyn Conley, 1384 N. "G" Street, San Bernardino, CA; Charles Greenwood, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, to approve the remaining cuts for Civil Service ($16,000), Facilities Management ($65,500), Public Services ($352,400) and Public Services/Fleet ($60,200). The motion carried uuanimously with all members present. 3. Discuss and take possible action regarding potential ballot measures for the November 2008 ballot. (Continued from July 7, 2008) Council Member/Commissioner Brinker stated that because of the polling that had already been done, and not knowing how adding a library funding measure to the November ballot would affect the other items, the library board and City staff came to a consensus to wait and possibly put it on the ballot in March. He stated that professional experts have been engaged to help create a process where they would go out into the community and ask what types of services people would like to see and where they would like to see libraries, and then they would develop a funding measure that would meet the needs expressed by the community. Mr. Brinker stated that one of the things they wanted to look at was the idea of blending some of the library services with the community centers located throughout the City. Council Member/Commission Johnson suggested holding an annual telethon to raise money for libraries. City Manager Wilson stated that a poll had been conducted to gauge voter opinion regarding the following potential ballot measures: a transient lodging tax (TLT) increase; a quarry tax, formally known as the extraction and processing tax; 5 07/16/2008 imposing a Utility User's Tax (UUT) on City of Riverside wells; a warehouse tax; and a 911 communications tax. Mayor/Chairman Morris stated that because this is an "off-year election," they must have a unanimous vote of the City Council to bring any of these tax measures to the voters. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, to place the TLT tax on the November ballot. No vote was taken. Council Member/Commissioner McCarnmack stated that she did not want to send hotel patrons to other cities where the tax is lower. Council Member/Commissioner Baxter withdrew his motion. Council Member/Commissioner Brinker suggested that the UUT on Riverside wells be placed on the November ballot. Lori Sassoon, Assistant City Manager, stated that she had a brief conversation with City of Riverside staff about the proposal and the opportunity to perhaps talk about a fee in lieu, which would be an amount equivalent to the tax and would save the City the election costs. Council Member/Commissioner Kelley stated that he did not believe in taxes or raising fees. However, based on the professional and competent report they received from the Assistant City Manager, he indicated that he would be willing to entertain the possibility of supporting the Riverside UUT measure. Mr. Kelley advised that he could not support any of the other tax measures. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the Utility User's Tax (UUT) exemption removal on Riverside Wells be placed on the ballot, but that it be pulled off the ballot if there is resolution of the matter prior to the August 8, 2008 deadline for placing the ballot measure on the November 2008 ballot. No vote was taken. City Attorney Penman stated that under the State Constitution, in order to impose a tax the City must declare an emergency by unanimous vote. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council declare a fiscal emergency relative to the tax on the Riverside water properties. The motion carried unanimously with all members present. 6 07/16/2008 I Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that the Utility User's Tax (UUT) exemption removal on Riverside Wells be placed on the ballot, but that it be pulled off the ballot if there is resolution of the matter prior to the August 8, 2008 deadline for placing the ballot measure on the November 2008 ballot. The motion carried unanimously with all members present. 4. Adjournment At 8:43 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, July 21, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY'~A'vJ.fI.../.ltxtlcAIl?t #lL./ Linda Sutherland Deputy City Clerk 7 07/1612008 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palmk J. Morris CouncU Members: Esther Estroda Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikk.e Van Johnson Wendy McCOJrI11/IJCk MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 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 1:36 p.m., Monday, July 21, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, McCarnmack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Kelley, Johnson. Council Member/Commissioner Kelley Arrived at 1:47 p.m. Council Member/Commissioner Estrada Excused at 6:30 p.m. 1. Closed Session A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01027SGL (Opx); 1 07/21/2008 San Bernardino City Professional Firefil!;hters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. - San Bernardino Superior Court Case No. CIVSS 807685; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 708367; Eva Walker v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 703417; Jane Batey, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 141503; Frank Steven Rodrij!;Uez v. Annie Moss Patton, City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 808201; Yvonne Barnes, et al v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 807102; Brandon Carroll v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 807042; Michael Wade v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 807043. 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: Claim filed by Manta Management; Inland Communities Corp. v. City of San Bernardino (Paradise Hills); One (1) case. 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. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957. 2 07/21/2008 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: Negotiator: Linn Livingston, Human Resources Director Employee Organization(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. City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item No. lA, existing litigation: J.R., et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 2005-1045; Under Agenda Item No. IB, significant exposure to litigation: Agenda Item No. 40. 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. Invocation/Pledge of Allegiance The invocation was given by Deacon Don Taylor of the Diocese of San Bernardino. The pledge of allegiance was led by Michele Tasso, a student at Anderson School. 3 07/21/2008 2. Appointments There were no commission appointments. 3. Proclamations & Presentatious Garry Cohoe, Director of Freeway Construction for SANBAG, updated the Mayor and Common Council on the 215 widening project, the 5th Street bridge project, and the University Parkway ramp project. Craig Perkins and Laurel Faulkner of the Community Energy Partnership accepted a proclamation designating the week of July 21-25, 2008, as Energy Awareness Week in the City of San Bernardino and provided information on their upcoming activities. Council Members McCarnmack and Baxter joined the Mayor in presenting Certificates of Recognition to volunteers with the Senior Companion Program. Special presentations were made to Juanita Kelley, who has served as a volunteer with the program for 24 years, and Frank Montes and his wife, Sara (who could not attend), who have been with the program for over 15 years. Manuel Carrillo, Field Representative for Senator Gloria Negrete McLeod, made a presentation to Mr. Montes on behalf of the senator. Jennifer Dodson of the American Cancer Society and John Garrett, a Cancer Society volunteer, spoke regarding the annual Relay for Life event to be held on August 16 and 17 at Little League Western Regional. 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 John Payan Efrin Arellanez Milton Johnson Willie Mason Sr. Department Fire Public Services Public Services Public Services Years of Service 20 10 5 10 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. 4 07/21/2008 5. Waive Full Reading of Resolutious & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, 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 unanimously with Johnson absent. 6. Council Minutes. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 11, 2008; and June 25, 2008. The motion carried unanimously with Johnson absent. 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated July 15, 2008, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously with Johnson absent. 8. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Interim Chief Examiner, dated July 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 unanimously with Johnson absent. 9. ORD. MC-1274 - An Ordinance of the City of San Beruardino amending Sections 12.92.040 and 12.93.010 of the San Bernardino Municipal Code regarding the duty to maintain and repair sidewalks and curbs and the participation of the City. FINAL READING Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1274 was adopted unanimously with Johnson absent. 5 07/21/2008 10. ORD. MC-1275 - An Ordinance of the City of San Beruardino repealing Sections 3.44.030 and 3.44.040 of Chapter 3.44-Service User's Tax- of the San Bernardino Municipal Code and amending Section 3.44.065 of said Code. FINAL READING Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be adopted. Ordinance No. MC-1275 was adopted uuanimously with Johnson absent. 11. RES. 2008-280 - Resolution of the Mayor and Common Council of the City of San Beruardino acknowledging the receipt and filing of the Annual Statement of Investment Policy for the period July I, 2008 through June 30, 2009. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-280 was adopted unanimously with Johnson absent. 12. RES. 2008-281 - Resolution of the City of San Beruardino authorizing the execution of an agreement with LAN Engineering Corporation to provide civil engineering desigu services and project management services for State Street from 16'" Street to Foothill Boulevard - extend and construct (4) lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue (SS04-09). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-281 was adopted unanimously with Johnson absent. 13. Item Deleted 14. A Resolution of Intention and Ordinance authorizing an amendment to the contract between the Public Employees' Retirement System (PERS) and the City of San Bernardino to provide a 3% @ 50 retirement benefit for safety employees RES. 2008-282 - Resolution of intention to approve an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the Mayor and Common Council of the City of San Bernardino. (14A) 6 07/21/2008 An Ordinance of the Mayor and Common Council of the City of San Bernardino authorizing an amendment to the contract between the Mayor and Common Council of the City of San Beruardino and the Board of Administration of the California Public Employees' Retirement System. FIRST READING (14B) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that said ordinance be laid over to September 15, 2008, for fmal adoption. The motion carried and Resolution No. 2008-282 was adopted unanimously with Johnson absent. 15. RES. 2008-289 - 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 to Creative Contractors in the amount of $24,200, to supply and install twenty (20) adult fitness course stations on existing dirt trail at Blair Park, pursuant to Section 3.04.010 B-3 of the Municipal Code. 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 to transfer the amount of $101,000 from the EDA Loan Debt Service Fund (Fund 308) to Account No. 243-363-5504-7752 (Tom Minor Park Playground Equipment); and to transfer Park Construction funding in the amount of $101,000 from Account No. 243-363-5504-7752 (Tom Minor Park Playground Equipment) to Account No. 243-363-5504-XXXX (Blair Park Improvements) to cover the costs associated with the replacement of Fitness Equipment at Blair Park ($27,500), as well as the proposed construction of a ball field at Blair Park ($73,500); and that said resolution be adopted. The motion carried and Resolution No. 2008-289 was adopted unanimously with Johnson absent. 16. RES. 2008-283 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute Food Service Agreement with the San Bernardino City Unified School District relating to delivery of Type A lunches to City sites for the District's year-round lunch program for FY 08/09. City Attorney Penman declared a conflict because his wife is a member of the school board. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-283 was adopted uuanimously with Johnson absent. 7 0712112008 17. RES. 2008-284 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to apply for and accept a Driving Under the Influence (DUI) mini grant from the State of California Office of Traffic Safety in the amount of $27,052.56. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-284 was adopted uuanimously with Johnson absent. 18. RES. 2008-285 - 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 with three (3) one-year extensions at the City's option to Bryan A. Stirrat & Associates pursuant to Section 3.04.010 B-3 of the Municipal Code for operations, maintenance, and monitoring of the landfill gas extraction and treatment system for Waterman LandfIll. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-285 was adopted unanimously with Johnson absent. 19. RES. 2008-286 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing the execution of an agreement and issuance of an annual purchase order with three single year renewal options to Southern Counties Lubricants LLC of Orange, CA. for automotive, heavy truck and heavy equipment lubricants to be utilized by the Public Services Department Fleet Division. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-286 was adopted unanimously with Johnson absent. 20. RES. 2008-287 - Resolution of the Mayor and Common Council of the City of San Beruardino ratifying submittal of the 2008/09 Used Oil and Filter Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-287 was adopted unanimously with Johnson absent. 8 07/21/2008 21. RES. 2008-288 - A Resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous district boundaries in the amount of $14,262.50 for the Fiscal Year 2008/2009. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-288 was adopted unanimously with Johnson absent. 22. Implementation of an Anti-Graffiti Rewards Program Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued for two weeks. Council Member/Commissioner Kelley amended his motion, seconded by Council Member/Commissioner Baxter, that the matter be referred back to the Police Ad Hoc Committee. The motion carried unanimously with Johnson absent. 23. North Hills Assembly of God Church - Deferral of California Environmental Quality Act Fire Mitigation Fee Jim Graham, 2004 Shorter Street, San Bernardino, CA, a member of the pastoral staff, expressed appreciation for deferral of the fee; however, he requested that the fee be assessed based on zoning-not on use. According to Mr. Graham, it is the intent of the Ways and Means Committee that the fee ultimately be assessed at the higher commercial use rate rather than the lower residential zoning rate. He ascertained that the code authorizing this fee specifies that it be assessed based on zoning, not on use; and the church's zoning has been and will continue to be residential. He pointed out that the North Hills Church does not exist or function to benefit in any way financially from commercial practices-that they exist to minister in and serve the north Verdemont community. He stated that while they would question the leverage of this fee on a nonprofit organization as even acceptable, they would urge the Council, should they approve the recommendation submitted to them by the Ways and Means Committee, to also specify that any fees assessed be done so in the manner compliant to and not exceptional of City code-that at the very least they be assessed at the residential zoning rate. Mari-Lynn Brewer, 30256 Frontera del Norte, Highland, CA, member of the North Hills Church, stated that she knew they had already approved the deferment, but they were asking that the Council look at this as a residential zone fee versus a commercial use fee. She stated that if the City goes forward with the commercial rate, the church would be charged approximately $14,000 9 07/21/2008 per year, which is about 3.4 percent of their current annual budget-and this would be over a 28-year period. She stated that they were asking the Council to consider it being approved at the residential rate for their property versus the commercial rate that the Ways and Means Committee has spoken about. Valerie Ross, Director of Development Services, stated that the fee is based on the use-not the zoning. She advised that when the Verdemont CFD was established, there were estimates of what would happen based on the General Plan, that the General Plan for the area where this church is proposed is residential, and so there was an amount estimated based on the acreage. She noted that churches can go in any zone, so a church could go in the Verdemont Fire Station CFD area in a commercial zone, or it could be in an industrial zone-so that is why the fee is based on the use, not the underlying zoning. Council Member/Commissioner Kelley asked when the City would collect the deferred fees if the deferral was approved. Ms. Ross stated that typically the fees are collected prior to issuing the building permits. She noted that in this case the Ways and Means Committee wanted to work with the church so the recommendation was to issue the building permits and defer the church having to pay the fee until 18 months from issuance of the building permits. Mr. Kelley expressed concern that the City might find itself on the short end of the stick if the church is ready to move into its new location, but fmds it does not have the resources to pay these fees. Also, he is aware that there is another upcoming church on Belmont, and more than likely if the Council moves forward with this today, they will be requesting the same thing. He stated that he wanted to make sure that the Council was not going down a path that at some point in time becomes complicated and they then have to bifurcate the issue in order to get a resolution. He stated that he was hesitant to support this today. Council Member/Commissioner Derry stated that he had no problem with the request the church was making. He noted that as a church, it's not a 24-hour- per-day commercial center and will never operate as a commercial center-that churches are not in the mix of making a profit and will not be operating every day. He stated that he didn't know whether a commercial zoning or a commercial use actually applied-that they may run some day care programs and some other things, but generally they will be open mostly on Sundays for operations. He stated that he had no problem with their initial request to be charged fees based on residential use; and as far as the current request before the Council for deferral of fees-he would be voting for it. 10 07/21/2008 Council Member/Commissioner Brinker questioned whether the Ways and Means Committee had a discussion about this aspect that was brought up today about whether they should be charged at a commercial rate versus the residential rate; and whether there was any way around that. Mayor/Chairman Morris acknowledged that there is a way-the problem is always that once you establish precedent, that new fee structure can, and probably will, become the norm; and therein is the dilemma in terms of treatment of these assets. Ms. Ross stated that she thought they would need to go back and review the paperwork for when the City established the CFD. She stated that she had looked at the resolutions briefly and could not find a way to easily say they could call it residential. Mayor/Chairman Morris suggested that they go ahead today and approve the deferral and then, going through Ways and Means, conduct further research and discussions with Development Services staff. Council Member/Commissioner McCarnmack advised that the Ways and Means Committee felt very sympathetic to the church's plight-so much so that they actually asked for a secondary meeting with the church to understand the full phase of their build-out. She noted that this was not just a stand-alone church, but also a full functioning school. She stated that the Committee felt so sympathetic to the church's concerns and their plight that they asked for financials and a full understanding of the plan; and twice they went through all of the explanations of whether it is commercial or residential and how that fits into the whole scheme of things. She stated that the difficulty is that there tends to be a lot more calls for service because there are a lot more people convened at one specific time. The bottom line is how the City is going to pay for the services ten years from now. She noted that this was an 18-month deferral, and asked if the church could come back and ask for additional time, if it turns out it takes longer. Ms. Ross stated that she thought they could. She pointed out that, as proposed to staff, the church plans to phase their improvements; therefore, the fees collected would be based on the phase of development. Unless they do all of it at one time, which they are not proposing, the fees would not be payable all at one time. Council Member/Commissioner Derry stated that he had no problem with the deferral at this point, and he thought they needed to look at the commercial use, as he still didn't think it was a commercial use. He pointed out that they don't charge school districts or other service providers for these fees. He stated that the church provides a service to the community and to the region. He pointed 11 07121/2008 out that when the Council came up with the way to pay for the fire station, it was based on residential use of the property-that's how they actually came up with the dollar figures to pay for it; therefore, he had no problem sticking to that for this particular use and finding a way to do it for churches. He stated that he thought they needed to understand that the applicant is not creating a commercial project here that is going to bring in a lot of dollars-this is a community use for a church. Council Member/Commission McCarnmack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council defer the collection of the Verdemont Fire Station CEQA Mitigation Fee until 18 months from issuance of building permits and direct staff to include the appropriate language in the Funding and Mitigation Agreement. The motion carried unanimously with Johnson absent. There was a consensus among the Council members that the matter go back to the Ways and Means Committee for further discussion. 24. RES. 2008-290 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing an agreement with the City of San Beruardino and Little League Baseball and Softball Inc., for fmancial assistance from the Civic and Promotion Fund for FY 2008/09. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that direct funding in the amount of $5,000 from the FY 2008/09 Civic and Promotion Fund be approved; that indirect funding in the amount of $37,150 be transferred from the FY 2008/09 Civic and Promotion fund to various City departmental accounts as outlined in the staff report from Fred Wilson, City Manager, dated June 24, 2008; and that a waiver of fees and use of City personnel and equipment be authorized in the conduct of their 2008 tournament season. The motion carried and Resolution No. 2008-290 was adopted unanimously with Johnson absent. 25. RES. 2008-291 - Resolution of the Mayor and Common Council of the City of San Bernardino terminating the lease with the San Bernardino County Society for Crippled Children and Adults, Inc. (now Easter Seals) and authorizing the execution of a lease agreement between the City of San Bernardino and Easter Seals Southern California, Inc. for City owned property located on the south side of Ninth Street and West of Waterman Avenue, in San Bernardino. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-291 was adopted unanimously with Johnson absent. 12 07/21/2008 26. Item Deleted 27. RES. 2008-292 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a continuation grant application to the Corporation for National and Community Service, accepting the grant amount of $295,349 to continue the administration and operation of the Senior Companion Program for the period of July 1, 2008 through June 30,2009, and ratifying any action taken between July 1, 2008 and the date that this resolution is adopted. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-292 was adopted uuanimously with Johnson absent. 28. RES. 2008-293 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing the City Manager to execute a contract with the County of San Beruardino for the Head Start/Preschool Program at Delmann Heights Community Center and accepting the proposal amount of $314,860 for the period of August 15, 2008 through June 30, 2009. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-293 was adopted unanimously with Johnson absent. 29. Public Hearing - Resolution imposing liens on property located within the City for uncollected business registration fees RES. 2008-294 - Resolution of the City of San Beruardino imposing liens on certain parcels of real property located within the City of San Beruardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, 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. 2008-294 was adopted unanimously with Johnson absent. 13 07/21/2008 30. An Ordinance of the City of San Beruardino amending San Bernardino Municipal Code Section 9.90.010 of Chapter 9.90 regarding authority to arrest and issue citations. FIRST READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be laid over for final adoption. The motion carried unanimously with Johnson absent. 31. RES. 2008-295 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Beruardino Fire Department to establish a hazardous materials investigation unit. Anthony Garacci, 752 West 10th Street, San Bernardino, CA, spoke in support of the proposed resolution. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCarnmack, that said resolution be adopted; and that the Director of Finance be authorized to incorporate the revenues and expenditures associated with this program into the FY 2008-2009 Final Budget, in accordance with the staff report from Michael Comad, Fire Chief, dated July 8, 2008. The motion carried and Resolution No. 2008-295 was adopted unanimously with Johnson absent. 32. ORD. MC-1276 - An Ordinance of the City of San Bernardino amending Section 15.04.080A of the San Beruardino Municipal Code relating to building permit and plan review fees. FINAL READING Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1276 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, McCammack. Nays: Kelley. Absent: Johnson COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCarnmack; Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo; City Clerk Clark. Absent: Council Member/Commissioner Johnson. 14 07/21/2008 R33. Budget Adoption Fiscal Year 2008-2009 (Continued from July 7, 2008) Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ("Agency") budget for the Fiscal Year 2008-2009, except for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area. (R33A) Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's (" Agency") budget for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2008-2009. (R33B) Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making fmdings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R33C) Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of various City of San Beruardino Fiscal Year 2008-2009 public improvement expenditures and making fmdings and determiuations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R33D) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to 4:30 p.m., Monday, July 28, 2008, in the Council Chambers of City Hall. The motion carried unanimously with Johnson absent. R34. RES. 2008-296 - Resolution of the Mayor and Common Council of the City of San Beruardino making certain fmdings and determinations regarding the Bieunial Election of the Northwest Redevelopment Project Area Committee Election as conducted on June 12, 2008, and overruling a written protest to said election. Stewart Cumming, San Bernardino, CA, who had filed an official written protest to said election, distributed to the Mayor and Common Council and read into the record a letter dated 21 July 2008, Re: Rebuttal to Staff Responses. 15 07/21/2008 Special Counsel Sabo responded to Mr. Cumming's comments. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-296 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, McCammack. Nays: Kelley. Absent: Johnson. R35. RES. CDC/2008-26 - 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 Beruardino ("Agency") to execute Amendment No. 3 to the December 6, 2004 Disposition and Development Agreement, as amended, between the Agency and Waterman Holdings, LLC (4th Street and Waterman Avenue _ APN: 0135-191-11) (Central City East Redevelopment Project Area). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2008-26 was adopted unanimously with Johnson absent. R36. Memorandum of Understanding ("MOU") by and among the City of San Beruardino ("City"), the Redevelopment Agency of the City of San Bernardino ("Agency"), Omnitrans and the San Bernardino Associated Governments ("SANBAG") RES. 2008-297 - Resolution of the Mayor and Common Council of the City of San Beruardino approving a Memorandum of Understanding by and among the City of San Beruardino ("City"), the Redevelopment Agency of the City of San Bernardino ("Agency"), Omnitrans and the San Bernardino Associated Governments ("SANBAG") (State College, Uptown, Central City North, Central City South, Southeast Industrial Park and Tri-City Redevelopment Project Areas). (R36A) CDC/2008-27 - 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 Memorandum of Understanding by and among the City of San Beruardino ("City"), the Agency, Omnitrans and the San Bernardino Associated Governments ("SANBAG") (State College, Uptown, Central City North, Central City South, Southeast Industrial Park and Tri-City Redevelopment Project Areas). (R36B) 16 07121/2008 Council Member/Commissioner McCarnmack requested that in the future whenever Uptown Redevelopment Project Area is included in a resolution, she would appreciate it if staff could separate it out so she could vote on the other items. At this time she stated that she would abstain on this item because she owns property in the Uptown Redevelopment Project Area and left the dais. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter that said Resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2008-297 and Community Development Commission Resolution No. CDC/2008-27 were adopted. Ayes: Estrada, Baxter, Brinker, Derry, Kelley. Nays: None. Abstentions: McCammack. Absent: Johnson R37. American Sports University - Sale of Sewer Capacity Credits (Central City North Redevelopment Project Area) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that 1) the Mayor and Common Council of the City of San Bernardino confirm the prior adoption of Resolution No. 84-271 and to find and determine that (i) the Financing Plan as attached thereto has not been amended or changed, (ii) the Agency may convert the Capacity Rights currently held by the Agency on a 1 for 1 basis to assist redevelopment activities anywhere within the City boundaries regardless of the then current cost of sewer connection capacity rights then determined by the City of San Bernardino, and (iii) the construction contemplated by the Financing Plan has been completed and therefore there is no basis for the Mayor and Common Council to cause any direct or indirect increase in Agency costs for the use of the Capacity Rights at anytime in the future; and 2) that the Community Development Commission of the City of San Bernardino authorize the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to transfer 33.16 Agency owned sewer capacity credits to American Sports University for a total purchase price of $86,216 to be paid to the Agency upon the transfer of the sewer capacity credits for the student dormitory project located at 340 West 4th Street, San Bernardino. The motion carried unanimously with Johnson absent. R38. Overview and prospectus for CATV operatious and transfer of oversight from the City's Information Technology ("IT") Department to the Economic Development Agency Council Member/Commissioner Brinker stated that he sees the value in Channel 3 and recognizes there are ways to improve and make it more profitable; however, he felt the Council still needed to discuss the quality of service being provided and the money being spent. 17 07/21/2008 Council Member/Commissioner McCarnmack stated that during the Ways and Means Committee meeting they discussed with staff extensively how Channel 3 can effectively pay for itself. Council Member/Commissioner Kelley asked who would be in charge of programming and requested that they provide a wide range of diversified programming. Economic Development Agency Interim Executive Director Marzullo advised that programming is done by two staff members; however, Laurie Tillery will be in charge of operations. He noted that Ms. Tillery is the immediate past president of National Telecommunications Officials. Ms. Tillery stated she was looking at a two-tier approach, focusing more on things happening in the city-working to highlight certain aspects of the community; with the second tier being a marketing approach-that they will be sending public service announcements allover the country . Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Community Development Commission accept the written report and oral presentation regarding the CATV operations. The motion carried unanimously with Johnson absent. PLANNING 39. Public Hearing - Conditional Use Permit (CUP) No. 08-03 (Appeal No. 08- 02) - An appeal of the Planning Commission Denial of CUP No. 08-03, a request to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality Lane City Attorney Penman requested a two-week continuance. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of August 4, 2008. The motion carried unanimously with Johnson absent. 40. Ordinances extending a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes 18 07/21/2008 ORD. MC-1277 - An urgency ordinance of the City of San Bernardino extending a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes, declaring the urgency thereof, and taking effect immediately. URGENCY (40A) An ordinance of the City of San Bernardino extending a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes. FIRST READING (40B) The following individuals spoke in support of Turrill Housing/Turrill Transitional Assistance and its owner, Tom Kanavos: Robert Wiemand, 968 N. Crescent, San Bernardino, CA; James Fell, 968 N. Crescent, San Bernardino, CA; Eric Heruandez, 980 Crescent, San Bernardino, CA; Tom Kanavos, Turrill Transitional Assistance, who stated he was shocked by the inclusion of certain documents in the backup materials for this item; Anthony Garacci, 752 West 10th Street, San Bernardino, CA. Joe Ortiz, 387 West 25th Street, San Bernardino, CA, spoke regarding the negative effect absentee landlords have on a city, and the upcoming loss of the Kendall Drive police substation. City Attorney Penman stated that the purpose of extending the ordinance is so the City can study the situation and decide how the problems associated with group homes should be addressed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said urgency ordinance A be adopted; and that said ordinance B be laid over for final adoption. The motion carried and Urgency Ordinance No. MC-1277 was adopted. Ayes: Baxter, Brinker, Derry, Kelley, McCammack. Nays: None. Absent: Estrada, Johnson. 41. Budget deliberations - Fiscal Year 2008/09 - discuss and take possible action Note: No backup materials were distributed. There was a consensus of opinion among the Council members to continue the City's 2008/09 budget deliberations to 4:30 p.m., Monday, July 28, 2008, in the Council Chambers of City Hall. 19 07121/2008 42. Public Comments The following individuals, members of a nonprofit anima1 advocacy group, spoke regarding the deplorable conditions at the City's animal shelter, stating that they would like to form a Mayor's Coalition for the animals and a volunteer committee that would fmd funding through grants to address the problems at the shelter: Lydia Savala, 3196 N. Mountain View, San Bernardino, CA; Geri Iacobelli, 12041 Fremont Street, Yucaipa, CA; Christina Melendrez, 8040 Streamside Court, Fontana, CA; Lori Korioth, P.O. Box 4241, Crestline, CA; Betty Melendrez, 8040 Streamside Court, Fontana, CA; Kelly Anderson, 16331 Gentry Lane, Huntington Beach, CA; Brenda Cox, P.O. Box 370, Sky Forest, CA. Bridgette Washington, San Bernardino Public Employees Association, 433 N. Sierra Way, San Bernardino, CA, advised the Mayor and Council that the General Unit Employees have been involved in the budget process and have stepped up to the plate; however, they voted down the furlough program because the City was unwilling to give them a guarantee that there would be no layoffs. She stated it was hard to sell the program to the employees without some guarantee from the City. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, spoke in opposition to the Operation Phoenix Program. 43 Adjournment At 7:54 p.m. the meeting adjourned to 4:30 p.m., Monday, July 28, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California to discuss the fiscal year 2008/09 budget. By: RACHEL G. CLARK City Clerk ~. [,;.,/f41- Deputy City Clerk 20 07121/2008 .. CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palmk J. Morris Council Members: Esther Estroda Dennis J. Boxter Tobin Brinker Neil Derry Coo. Kelley Rikke Van Johnson Wendy McCOJ1I1IUlck ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 4, 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 1:40 p.m., Monday, August 4, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCarnmack; City Attorney Penman, Assistant City Manager Sassoon, City Clerk Clark. Absent: Council Member/Commissioner Derry. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01027SGL (Opx); 1 08/04/2008 San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. - San Bernardino Superior Court Case No. CIVSS 807685; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 708367; Garrett Warren v. City of San Bernardino - United States District Court Case No. EDCV 08-72; Argy v. Johnson - San Bernardino Superior Court Case No. CIVSS 708058; White v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 806002; Conrad v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 808602. 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: Claim filed by Manta Management; Inland Communities Corp. v. City of San Bernardino (Paradise Hills); One (1) case. 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. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957: Director of Code Enforcement Kelli Bruhl John Wilson 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. 2 08/04/2008 F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional items would be discussed in closed session under Agenda Item No. IB: Legal advice on Agenda Item Nos. 9 and 39. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Councilwoman McCammack. The pledge of allegiance was led by Brittanny Stopani, a student at Bradley Elementary School. 2. Appointments There were no commission appointments. 3. Presentations Jim Gerstenslager, Director of Little League's Western Region Headquarters thanked the Mayor and Council for their support of this year's tournament. Coach Dave Cole, Catcher Steve Harrison, and Center Fielder Nathan Cole presented a set of tournament pins to the Mayor. Linda and Steve Sutherland and Barbara Sky joined Mayor Morris in presenting trophies to the following entries in this year's Fourth of July Parade: . "E" Street Cruizers' Classic Car & Trucks - Winner of the Best Originality Trophy . Club United of Muscoy - Winner of the Best Performance Trophy . Shab El A war and his Volunteer Fire Department and the District 43 Challenger Baseball Division - Winner of the Best Humor Trophy . The Cambodian Inland Empire Cultural Group - Winner of the Best Community Spirit Trophy 3 08/0412008 · Danzas de Aztlan - Winner of the Best Cultural Display Trophy · Juan Polio Restaurants - Winner of the Best Use of Theme · Inland Empire Military Vehicle Preservation Association - Winner of the Special Judges Award for preserving our American History 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 Baxter made a motion, seconded by Council Member/Commissioner Brinker, 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 unanimously with Derry absent. 6. Council Minutes Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 16, 2008; June 30, 2008; and July 7, 2008. The motion carried unanimously with Derry absent. 7. Item Deleted 8. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Interim Chief Examiner, dated July 30, 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 unanimously with Derry absent. 9. ORD. MC-1278 - An ordinance of the City of San Bernardino extending a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes. FINAL READING 4 08/04/2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1278 was adopted unanimously with Derry absent. 10. RES. 2008-299 - Resolution of the City of San Bernardino repealing Resolution No. 98-310 and adopting the revised Records Retention Schedule attached as Exhibit" A". Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-299 was adopted uuanimously with Derry absent. 11. Use of Hernandez Community Center by American Sports University 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 August 6,2008. The motion carried unanimously with Derry absent. 12. Set a Capital Improvement Program (CIP) workshop for Monday, August 18, 2008, at 5:30 p.m. in the Economic Development Agency Boardroom to review the 5-year Capital Improvement Program - Fiscal Years 2008/09 - 2012/13 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that a Capital Improvement Program (CIP) workshop be set for Monday, August 18, 2008, at 5:30 p.m. in the Economic Development Agency Boardroom to review the 5-year Capital Improvement Program - Fiscal Years 2008/09 - 2012/13. The motion carried unanimously with Derry absent. 13. RES. 2008-300 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution...desiguating certain streets, or portions thereof as through highways..." and establishing two-way stops at the intersections of Twenty-Eighth Street at Fremontia Drive and Twenty-Ninth Street at Fremontia Drive. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-300 was adopted unanimously with Derry absent. 5 08/04/2008 14. RES. 2008-313 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Kalban, Inc. for the cODStrnction of ADA access and sidewalks at various locations (SS-B 2007/08), per Project Plan No. 12295. Council Member/Commissioner Johnson stated that there's a utility pole right in the middle of the ADA sidewalk on the southeastern comer of Medical Center Drive, and he felt that it needed to be moved. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-313 was adopted unanimously with Derry absent. 15. RES. 2008-301 - Resolution of the City of San Beruardino authorizing and directing execution of a license and agreement with Inland Empire Resources Conservation District for access to Chestnut Debris Basin. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-301 was adopted unanimously with Derry absent. 16. RES. 2008-302 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement relative to the selling price of tax-defaulted property located at 2255 Bessant Street, San Beruardino, proposed to be purchased from the County of San Beruardino by the San Bernardino City Unified School District. City Attorney Penman abstained because his wife is a member of the school board. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-302 was adopted unanimously with Derry absent. 17. RES. 2008-315 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing the schedule of penalties for parking violations set forth in the City of San Beruardino Municipal Code and the California Vehicle Code, and amending Part VIII of Resolution 2008-149. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-315 was adopted. Ayes: Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Kelley. Absent: Derry. 6 08/04/2008 18. RES. 2008-314 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing the execution of an agreement for services with and issuance of a purchase order to Westbeach Group, Inc dba West Beach Systems for the Boys & Girls Club CCTV Security System for Deimann Heights Community Center in the City of San Bernardino per RFQ F-08-23. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council reject the bid of Protection One because the bid is non-responsive; that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2008/09 budget and carry over $21,720 to Account No. 001-321-5706 (Alterations and Renovations). The motion carried and Resolution No. 2008- 314 was adopted uuanimously with Derry absent. 19. RES. 2008-316 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a bid for lease purchase fiuancing to Koch Fiuancial Corporation for the purchase of four (4) water-cooled air conditioners, contingency funds and contingency/temporary cooling equipment. City Attorney Penman stated that there are at least two large air-conditioning companies in town, but because of the unique nature of the cooling system in the Police Department, they were excluded from bidding on this project. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-316 was adopted uuanimously with Derry absent. 20. RES. 2008-303 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a new temporary employment agreement between the City of San Bernardino and Douald Feser for the position of Disaster Coordinator. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-303 was adopted unanimously with Derry absent. 21. ORD. MC-1279 - An Ordiuance of the City of San Beruardino amending San Beruardino Municipal Code Section 9.90.010 of Chapter 9.90 regarding authority to arrest and issue citations. FINAL READING (Continued from July 21,2008) 7 08/04/2008 -. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1279 was adopted unanimously with Derry absent. 22. RES. 2008-304 - Resolution of the City of San Bernardino authorizing the purchase of a three year maintenance contract for the Public Safety Dispatch Center's digital voice logging recorder from NICE Systems of Uniondale, New York. Council Member/Commissioner Baxter made a motion, seconded by Council Member/CoIrtmissioner Brinker, that said resolution be adopted. Resolution No. 2008-304 was adopted unanimously with Derry absent. 23. RES. 2008-305 - Resolution of the City of San Bernardino authorizing execution of an agreement with the State of California, 911 office to participate in the 911 emergency number system, the purchase of an upgrade to the City's Public Safety Answering Point (pSAP) 911 telephone system and the purchase of a five year maintenance plan for the 911 system from Verizon Communicatious of Thousand Oaks, California. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-305 was adopted unanimously with Derry absent. 24. RES. 2008-306 - Resolution of the City of San Bernardino amending Resolution 2007-345, Section 2, B. Compensation and Section 2, Y. Holidays, between the City and Management/Confidential employees. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-306 was adopted unanimously with Derry absent. 25. RES. 2008-307 - 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 Fiuance Director, or her desiguee, to issue a purchase order to Donegan Tree Service in the amount of $75,000 for tree maintenance service in various Landscape Maintenance Districts. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-307 was adopted unanimously with Derry absent. 8 08/04/2008 26. RES. 2008-308 - Resolution authorizing the City Manager to execute Amendment No. 2 to the vendor service agreement with three (3) one-year extensions at the City's option with Applied LNG Technologies pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of LNG fuel. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-308 was adopted unanimously with Derry absent. 27. RES. 2008-309 - 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 in the amount of $238,000 by exercising its fourth and fmal year option with Rehrig Pacific Company for the purchase of automated carts for residential refuse services. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-309 was adopted unanimously with Derry absent. 28. RES. 2008-310 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing the execution of an agreement and issuance of a purchase order pursuant to Section 3.04.010 B-3 of the Municipal Code in the amount of $125,200 to New West Sigual for the installation of new streetlights on Parkside Drive between 30th and 34th Streets. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-310 was adopted unanimously with Derry absent. 29. RES. 2008-317..., 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 in the amount of $120,000 to Zumar Industries, Inc., for the purchase of traffic signs for repair, removal, and replacement of damaged, faded and vandalized sigus, and new installation of sigus located throughout the City of San Beruardino. Council Member/Commissioner Kelley reported some interior illuminated signs on Kendall and Shandin Hills Drive, on "H" Street and Northpark, and some "no parking signs" on Kendall that have faded over time. Council Member/Commissioner McCammack stated that she would not support this item because there are local vendors within the County of San Bernardino that could be providing the same material at the same or at least a competitive price, which would mean that the money would be regenerated back into the community . 9 08/0412008 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-317 was adopted. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson. Nays: McCammack. Absent: Derry. 30. RES. 2008-311 - Resolution authorizing an agreement and increase to an interim purchase order to "Y" Tires of Los Angeles for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division pursuant to Section 3.04.010 B-3 of the Municipal Code. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-311 was adopted uuanimously with Derry absent. 31. RES. 2008-312 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing the City Manager to execute a cousultant services agreement by and between the City of San Bernardino and California Municipal Technologies, Inc., a California Corporation, for a course management registration software system pursuant to Municipal Code Section 3.04.010.B.3, and ratifying action taken between March 31, 2008 and the date of this resolution. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-312 was adopted unanimously with Derry absent. 32. An Ordinance of the City of San Bernardino adding Chapter 5.19 to the San Beruardino Municipal Code regarding prohibiting sex offenders from peddling and soliciting and repealing Section 5.04.605 regarding house-to- house solicitors. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be laid over for final adoption. The motion carried uuanimously with Derry absent. 33. An Ordinance of the City of San Beruardino amending San Bernardino Municipal Code Chapter 12.03 (Right-of-Way Permits, Excavations and Temporary Encroachments), Section 12.03.020 (Defmitions) and adding Section 12.03.055 to establish a trench cut moratorium on newly paved public roadways. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be laid over for final adoption. The motion carried unanimously with Derry absent. 10 08/04/2008 34. RES. 2008-318 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a project application for the Federal Safe Routes to School (SRTS) Program Cycle 2 Funding. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-318 was adopted unanimously with Derry absent. 35. Implementation of an Anti-Graffiti Rewards Program Council Member/Commissioner Johnson stated that when this item came before the Police Ad Hoc Committee he asked them to provide the Council with information confirming that this type of program has been successful in other cities. He stated that this matter could be continued to the Council meeting of Wednesday, August 6, 2008, provided the requested information is made available to the Council prior to that meeting. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of August 6, 2008. The motion carried unanimously with Derry absent. 36. Appeal hearing regarding the decision of the City Clerk concerning delinquent transient lodging taxes owed by the Budget Lodge (Continued from June 16, 2008) City Attorney Penman advised that the City had received a settlement from the Budget Lodge in the amount of $40,000. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried unanimously with Brinker and Derry absent. 37. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San Bernardino Municipal Code regarding scrap metal recycling. FIRST READING (Continued from July 7, 2008) Note: No backup materials were distributed. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of September 2, 2008. The motion carried uuanimously with Derry absent. 11 08/04/2008 38. Norton Space and Aerouautics Academy - Reimbursement Agreement for waiver/reimbursement of fees (Continued from June 2, 2008) Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council continue consideration of a reimbursement agreement to the Council/Commission meeting of December 1, 2008. The motion carried unllnimously with Derry absent. 39. ORD. MC-I280 - An Urgency Ordinance of the City of San Bernardino establishing a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes, declaring the urgency thereof, and taking effect immediately. URGENCY Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said urgency ordinance be adopted. Ordinance No. MC-I280 was adopted unanimously with Derry absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Deputy Director Gee and Special Counsel Sabo. Absent: Council Member/Commissioner Derry. R40. RES. CDC/2008-28 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving an agreement with Louis Schnepp, Dakota Management Company, Inc., and authorizing execution thereof, providing for professional real estate consultant services. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2008-28 was adopted unanimously with Derry absent. R41. RES. CDC/2008-29 - 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. 2 to the Maintenance and Operation Contract by and between the Agency and the Assistance League of San Bernardino (580 West (i'h Street, San Bernardino - Central City NorthARedevelopment Project Area). 12 08/04/2008 .. Council Member/Commissioner McCammack abstained because she is a dues- paying member of the Assistance League board. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2008-29 was adopted. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson. Nays: None. Abstentious: McCammack. Absent: Derry. R42. Invoice for Water Damage Cleanup - California Theatre of the Performing Arts located at 562 West 4" Street (Central City North Redevelopment Project Area) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Community Development Commission of the City of San Bernardino approve payment of an invoice in the amount of $27,308.30 to ACR Services for Water Extraction and Biological Hazard Remediation services at the California Theatre of the Performing Arts. The motion carried unanimously with Derry absent. PLANNING 43. Public Hearing - Conditional Use Permit (CUP) No. 08-03 (Appeal No. 08-02) - An appeal of the Planning Commission Denial of CUP No. 08-03, a request to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West Hospitality Lane (Continued from July 21,2008) Mayor/Chairman Morris opened the hearing. Terri Rahhal, Deputy Director/City Planner, stated that a Type 48 ABC license was generally referred to as a bar or nightclub license and authorized the sale of beer, wine and distilled spirits for on-site consumption. She noted that issuance of a Type 48 ABC license required a fmding of Public Convenience or Necessity (PCN) from the City, which was required by the State Department of Alcoholic Beverage Control in instances where there is an undue concentration of ABC licenses in the area of the application. Ms. Rahhal stated that, as determined by the State ABC Department, an undue concentration meant that the existing ratio of ABC licenses to residents in a given census tract exceeds the County-wide ratio of ABC licenses to residents. She stated that on June 16, 2008, the Council considered a request for a PCN determination for this site and found that public convenience and necessity would not be served by a new Type 48 license issued at this location. She stated that findings were issued that Hospitality Lane is a restaurant row with many restaurants already serving alcohol to the public and that this alcohol service is 13 08/04/2008 '. incidental to the food service they are already providing. Ms. Rahhal stated that the Council found that any additional ABC licenses issued in this area should also be restaurant licenses. Furthermore, the Council found that issnance of an additional Type 48 license would be detrimental to the existing restaurants and other businesses in the Hospitality Lane area. Ms. Rahhal stated that without a PCN determination from the Council, the Planning Commission could not approve Conditional Use Permit (CUP) No. 08-03 as requested. She stated that in their decision to deny the CUP, the Planning Commission also considered potential nuisances that were cited in letters from surrounding property owners as well as interviews of the surrounding businesses that were conducted by the Police Department. Ms. Rahhal advised that the existing restaurants in the surrounding area have Type 41 or Type 47 ABC licenses, which do not require the PCN fmding or approval by the State. She stated that a Type 41 license permits the sale of beer and wine in a restaurant and a Type 47 license permits beer, wine and distilled spirits. She added that both of these license types are issued for bona fide eating places, which meant that the establishments must serve meals at normal meal times and the gross receipts for prepared food must exceed the receipts for alcohol at the location. She stated that this appeal was a request that the Mayor and Council reconsider the PCN determination that was denied on June 16, 2008, and that the Council reverse the decision of the Planning Commission and approve CUP No. 08-03. She stated that in a subsequent letter from Mr. Diamond dated July 25, 2008, he requested either a reinstatement of a Type 48 license at this location, which did exist at the site from 1994 to 1998, or the alternative request for approval of a Type 47 license. She noted that staff had inquired about the status of past or present ABC license applications at the California Department of Alcoholic Beverage Control, and they found that Manta Management had no pending application. She stated that the previous Type 48 ABC license was granted prior to the statutory requirement for a PCN determination from the City, and it was canceled voluntarily and transferred to another location in 1998. Ms. Rahhal stated that the most recent Type 48 license application that was filed this year was withdrawn from consideration by the applicant on June 23, 2008, and so far no application for a Type 47 license has been filed with ABC. Ms. Rahhal stated that staff's recommendation on this item was that the Mayor and Council deny the appeal and uphold the Planning Commission denial of CUP No. 08-03. She advised that the recommended motion could be modified to continue this matter for consideration of additional findings that may be discussed, particularly with regard to reconsideration of the PCN determination, or the motion may be modified to direct staff to facilitate a potential future application for a Type 47 license should one be filed. 14 08/04/2008 She stated that this item was continued from July 21, 2008. She stated that the appellant had not been notified of the previous hearing date and apologized to the appellant and the Council for the oversight. Council Member/Commissioner Brinker questioned whether staff would need to do more investigation or prepare a new staff report for the Council if Manta Management decided it wanted a Type 47 license instead of a Type 48 license. Ms. Rahhal stated that should a Type 47 application be made to the State, the Development Services Department would be informed. She stated that that type of application would not require a determination from the Council, but staff would need to work with ABC with regard to the requirements to convert the facility to a restaurant, which was required for a Type 47 license. She stated that there was an existing CUP on this site as a nightclub, and staff recommended that it be modified as needed in order to convert the facility to a restaurant. Council Member/Commissioner McCammack confirmed that a document from ABC was included in their backup that indicated, as of today's date, that Manta Management had withdrawn their request for a Type 48 license on June 23,2008. Roger Jon Diamond, 2115 Main Street, Santa Monica, CA, Attorney for Manta Management, stated that Ms. Rahhal acknowledged that they did not receive notice of the meeting held on July 21, 2008. He stated that she sent him a letter on July 22, 2008, stating that the appeal hearing was set for July 21, 2008, the day before she sent the letter, and she acknowledged that they did not receive "proper" notice. Mr. Diamond stated that they received "no" notice, and that is why they did not appear for the hearing on July 21,2008. He stated that on Friday, June 13, 2008, he received informal notice of the City Council meeting of June 16, 2008. On June 16, he informed the Council that they did not receive adequate notice and were not prepared; however, they did not want to delay the process so they went forward. He stated that the Council ruled against him on June 16, 2008 by determining that it would not be consistent with the Public Convenience and Necessity to have a Type 48 license issued to Manta Management to allow it to reopen as a topless facility. Mr. Diamond stated that on the following night, June 17, 2008, the Planning Commission met to consider the application for the Conditional Use Permit, and because of the City Council's action on June 16, 2008, the Planning Commission meeting on June 17, 2008, was a forgone conclusion; namely, they were bound to deny the CUP because of the Council's action on June 16,2008. Mr. Diamond stated that on June 17, 2008, he appealed the Planning Commission decision denying the CUP back to the City Council so when they went to court they wouldn't have the City arguing to the judge that the appellant failed to exhaust his administrative remedies. 15 08/04/2008 '. Mr. Diamond requested that the Mayor and Council reconsider their June 16 denial of the request that they determine that the Public Convenience and Necessity would allow for this Type 48 license to be issued. He pointed out that the City is not required by the Business and Professions Code to make a determination with respect to Public Convenience and Necessity. He stated that it would have been smarter to avoid any liability and let the Department of Alcoholic Beverage Control make the decision. Mr. Diamond stated that the Budget Motel received a Type 48 license in 2002, or at least it was recommended, and he knew the argument of the City was going to be that a PCN determination was not required for motels. Mr. Diamond added that he was not aware that the Type 48 license was withdrawn on June 23, 2008, but if it was withdrawn, it would have been temporary because of the City Council's action on June 16, 2008. He stated that their first choice was for a Type 48 license, but if they couldn't get that, their second choice was for a Type 47 license. He stated that his impression is that the City would rule against Manta Management and the Flesh Club no matter what they submit. He stated that the plans that have been submitted to the City include a kitchen because the plan is for a Type 41 restaurant with adult entertainment. Mr. Diamond indicated that what the City basically is saying is that the area around Hospitality Lane is a "family area" where adult entertainment would not be permissible, and any type of application that comes before the City would be denied, which would go against the court decisions. He stated that the City cannot use the claim that Hospitality Lane is a family area and therefore no alcohol is allowed because alcohol is allowed, and Ms. Rahhal had indicated that for a Type 47 license there is no discretion as far as the City is concerned with respect to the PCN. With respect to adult entertainment, Mr. Diamond stated that staff acknowledged that there was an existing CUP and they would not have to come back to the City for another CUP since it was already allowed. He stated that the City could say that the existing CUP did not cover the exact business plan now proposed by Manta Management, which was a Type 47 restaurant with adult entertainment. He stated that if the City took that position, then they would have to come back either to get a new CUP or to get the existing CUP modified. Mr. Diamond stated that the City had to allow the Flesh Club to operate some type of business at the location, even one that included an adult component. He stated that the City was not free to revisit the entire issue because it had already gone to the courts and a ruling had been made. Mr. Diamond stated that if in fact there had been a technical withdrawal of the application, which he was not aware of, it would only have been in the face of the improper conduct of the City by not giving them adequate notice and in denying the PCN request on June 16, 2008, which led to the June 17, 2008 denial by the Planning Commission, and the appeal back to the City Council. He requested that the Council determine that the PCN would allow for a Type 48 license at the subject location so they would not have to go back to ABC and then go back to the City. 16 08/04/2008 In conclusion, Mr. Diamond stated that they are requesting a Type 48 determination regarding Public Convenience or Necessity. He stated that they want the Council to vacate the June 16, 2008 decision because it was linked to the concept that adult entertainment is not appropriate at the subject location, and they want the Council to reverse the decision of the Planning Commission denial of the CUP because they think the findings can and should be made that the business would be proper at the subject location given the court rulings. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Troy Neptune, General Manager of the Flesh Club, stated that he reviewed City records of all the businesses that have ABC licenses and City approval for the sale of alcohol in the same census district as the Flesh Club. Two boxes of records were submitted into the record and were marked as Exhibit 1. Mr. Neptune stated that there were 27 businesses operating with ABC licenses in the same reporting district as the Flesh Club. He stated that it was his intention to operate a Type 47 restaurant and that they were going to install a kitchen regardless of the type of license. Mr. Neptune stated that the Flesh Club is still closed and could not reopen until they received approval from the City, and they are still incurring damages in the form of lost income because they have not been able to open. City Attorney Penman invited Mr. Diamond and his client to apply for a Type 47 license. Mr. Diamond stated that he did not believe that they would have to reapply and start the process allover again. He stated that nothing precluded the City Council from making a decision to approve a Type 47 license as opposed to forcing them to go back to ABC. Mr. Penman stated that the City of San Bernardino does not establish the procedures for the California Department of Alcoholic Beverage Control and that the State would be the one to determine whether they had to go back to ABC. He stated that he did not believe Mr. Diamond's client would have any problem getting a Type 47 license from ABC. Mr. Diamond reminded Mr. Penman that this particular proposal was for a restaurant with topless entertainment. Mr. Penman stated that he thought Mr. Diamond knew that a Type 47 license would not allow them to have topless entertainment. Mr. Empeiio stated that the State Alcohol Beverage Control Board rules on the applications for Type 47 licenses. He advised that according to Section 23958.4 of the State Business and Professions Code, the State makes the determination as 17 08/04/2008 to whether Public Convenience and Necessity would be served with the issuance. Mr. Empefio added that this also applied to motels. Regarding the issue of notice and whether the City gave legally adequate notice at the June 16, 2008 Council meeting, Mr. Empefio stated that there was no statutory requirement for a time period of notice for a determination of Public Convenience and Necessity. However, he stated that he believed adequate notice was given because Terri Rahhal indicated that she had given Mr. Neptune seven days notice by telephone prior to the June 16, 2008 Council meeting. Mr. Empefio recommended that the Council entertain a motion to reconsider the June 16, 2008 Council meeting determination of Public Convenience and Necessity, as requested by Manta Management. Mr. Diamond stated that notice would have to be better than a telephone call to the Manager. He stated that whether or not it was a requirement that notice be given for a hearing regarding PCN, they believe notice was required by due process. He stated that this case was different and unique because the decision that was made on June 16, 2008 was binding on the Planning Commission with respect to a public hearing that it conducted where notice was clearly required. Mr. Diamond stated that Mr. Pemnan had advised that it was not permissible to have a Type 47 license with topless entertainment, so apparently it is the position of the City that a Type 47 license would not apply to the Flesh Club. Mr. Diamond stated that according to Ms. Rahhal they would have to come back to the Development and Environmental Review Committee. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council reconsider the June 16, 2008 Council meeting determination on whether Public Convenience or Necessity (PCN) is served by the application. The motion carried unanimously with Derry absent. Henry Empefio, Senior Deputy City Attorney, advised the Mayor and Council that the form of entertainment being proposed was completely irrelevant to their decision regarding the appeal of the CUP or the PCN finding. He stated that the Development and Environmental Review Committee was a staff level committee made up of representatives of various departments in the City that makes independent decisions on applications and was not under the control of the Mayor and Council. Mr. Empefio stated that decisions of the DERC could be appealed to the Planning Commission, and Planning Commission decisions could be appealed to the City Council. Mr. Diamond requested that staff research any cases where Type 48 licenses have been approved and/or denied within the City. 18 08/04/2008 Lori Sassoon, Assistant City Manager, suggested continuing this matter for four weeks to September 2, 2008, in order to give staff adequate time to complete the research request. Mr. Empeiio advised that this matter should be scheduled to a time certain at 4:30 p.m., on Tuesday, September 2,2008, and he asked if Mr. Diamond would agree to waive further notice of said meeting. Mr. Diamond agreed to the date and time of said meeting, and he agreed to waive further notice. Council Member/Commissioner McCammack asked if the Flesh Club could have reopened the day the court gave them permission to do so. City Attorney Penman stated that they could have reopened, but chose not to. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of Tuesday, September 2, 2008, at 4:30 p.m. The motion carried unanimously with Derry absent. 44. Public Comments Karen Kindig, 25th Street, San Bernardino, CA, spoke about the demolition of 40 homes that are being taken by the San Bernardino City Unified School District to build the Wilson II elementary school and the reuse/reclamation of those building materials. Betty Jean Long, P. O. Box 1098, San Bernardino, CA, stated that the Police Department took her to Arrowhead Regional Medical Center as a 5150. M. Diosdado, 1960 Turrill, San Bernardino, CA, spoke in support of Turrill Transitional Assistance. Daua Price, 1960 Turrill, San Bernardino, CA, stated that he has great respect for the Turrill Transitional Assistance program. Charly Hall, 2442 Lincoln, San Bernardino, CA, stated that he is a disabled veteran and in October 2005 he became homeless when the City forced him to leave his home. He added that he now resides at Turrill Transitional Assistance. Helvin Gonzalez, 1520 N. Stoddard Avenue, San Bernardino, CA, stated that for three years he and his wife have been reporting illegal activity and trash behind the lot at "E" and 15th Streets, but nothing has been done and he is fed up. 19 08/04/2008 '. Virginia Gonzalez, 1520 N. Stoddard Avenue, San Bernardino, CA, stated that she has been trying to deal with Code Enforcement for three years regarding the lot at 15th and "E" Streets, that borders her property. She distributed pictures to the Mayor and Council with the hope that something would be done about it. Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, spoke against the political spending of taxpayers' funds and resources on Operation Phoenix. Debbi Matley, 380 W. 17th Street, San Bernardino, CA, member of the National Night Out Committee of San Bernardino, invited residents to attend the National Night Out event on August 5,2008, at Perris Hill Park, from 4 to 8 p.m. Danny Singleton, 975 N. "D" Street, San Bernardino, CA, stated that he wanted to discuss the demolition of his building at 324 W. Highland, and the fact that he has been the victim of racism and harassment by the Code Enforcement Department. Charles Greenwood, San Bernardino, CA, City Refuse Department employee, stated that there is a serious etiquette problem in the Refuse Department. 45. Adjournment At 6:54 p.m., the meeting adjourned to 4:30 p.m., Wednesday, August 6,2008, in the Council Chambers of City Hall, to discuss personnel and budget issues. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, August 18, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY~~.I1~N"I ./ Linda Sutherland Deputy City Clerk 20 08/04/2008 f CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palri&k J. Morris Council Members: Esther Estroda 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 ADJOURNED REGULAR MEETING AUGUST 6, 2008 COUNCIL CHAMBERS 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 4:36 p.m., Wednesday, August 6, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley Johnson, McCammack; City Attorney Penman, City Clerk Clark, Assistant City Manager Sassoon. Absent: None. Council Member/Commissioner Derry was excused at 5:46 p.m. 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 08/06/2008 . 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: City Manager Position Director of Code Enforcement 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. City Attorney Penman announced that the following additional cases would be discussed in closed session: Under Agenda Item No. lA, Existing Litigation: Omnipoint Communications, Inc. doin~ business as T-Mobile v. City of San Bernardino, et al. - United States District Court Case No. CV08- OI88IGAF (OPx); Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01027SGL (OPx); 2 08/06/2008 San Bernardino City Professional Firefil!;hters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. - San Bernardino Superior Court Case No. ClVSS 807685; Michael Desrochers and Steve Lowes v. City of San Bernardino et al. - San Bernardino Superior Court Case No. ClVSS 708367; and Under Agenda Item No. IB, Significant Exposure to Litigation: One case. Bridgett Washington, San Bernardino Public Employees Association, reminded the Council that during budget negotiations the "furlough option" was presented to the General Unit; however, the reason they did not accept it was because the City would not guarantee that there would be no layoffs of any General Unit employees. Mike Yandell, President of the General Unit, spoke regarding the proposed layoffs in the Police Department and the impact it would have on department operations. He suggested that the Council consider balancing the budget with savings rather than layoffs. 2. Budget deliberations - Fiscal Year 2008/09 - discuss and take possible action (Continued from July 31,2008) Lori Sassoon, Assistant City Manager, provided a recap of the budget process to date. She also distributed the following documents to the Mayor and Common Council: · Memorandum to the Mayor and Common Council dated August 1, 2008, regarding Summary of Budget Actions to Date (yellow sheets); · Additional Proposed Budget Reductions dated August 6, 2008 (green sheets); · Memorandum to the Mayor and Common Council dated August 5, 2008 regarding Options Regarding Take-Home Vehicles (salmon sheets); · San Bernardino Police Department Analysis of Helicopter Services (pink sheet). Ms. Sassoon advised that the process began with a $17.4 million deficit, and the yellow handout recaps the actions taken to date to reduce that deficit. She noted that the reductions included 65 vacant positions, 5 filled positions, and 4 part- time positions, equating to a total of 70 full-time positions to be held vacant for fiscal year 2008/09. She added that the grand total of budget cuts approved to date total $13,327,7oo-leaving a current budget gap of approximately $4 million. 3 08/06/2008 , Ms. Sassoon advised that staff had been working with all of the employee groups to look at ways to share costs with the employees in order to mitigate the need for further reductions. Unfortunately, as of this date, they had not been able to reach agreement with any of the groups except for the Management- Confidential group, which has taken a 5 percent reduction in pay. Therefore, staff had been forced to propose additional budget reductions, which were outlined on the green sheets. She stated that these reductions included a total of 14 additional layoffs and 8 vacant positions, for a total of 22 additional full-time positions. If those are approved, that will bring the total number of full-time positions held vacant to 92. She added that if all of these measures (on the green sheets) are ultimately adopted by the Mayor and Council, it would provide an additional budget savings of $1,897,400, leaving the current deficit at $2,137,800. She advised that the salmon sheets contained information regarding take-home vehicles-something that was requested by the Council at a previous meeting. She stated it was not an issue for tonight, because if this was something they were going to pursue it would require meet and confer with the affected bargaining groups. Since the Council had just received this information, she suggested that it be considered at the next Council meeting.. Ms. Sassoon stated that the Council had also requested information regarding "pay to stage" operations and was also looking at closing the City jail facilities. She suggested that information on these items be brought forward at the next Council meeting also. With regard to the police helicopter contract, the Council had asked for additional information, and this information was on the pink sheet that had been distributed. She noted that the police helicopter contract is currently funded with Measure Z funds, and she thought that was something the Council should be aware of. She stated that the Police Department and the Chief clearly believe that the helicopter is an important safety tool and they are not recommending that it be eliminated. She noted that an item to be discussed at a future meeting would be the concept of a City-operated tow facility, which had been broached early on. She stated that this was something the Police Department had been working on for quite some time and was doing some analysis of those opportunities. She stated that preliminarily it looks like it might be a very lucrative opportunity. She stated that she did not believe this was something that could be counted on for 2008/09, but was something they could pursue for next fiscal year. She stated that staff would probably bring that back to the Council through Ways and Means Committee. 4 08106/2008 Ms. Sassoon pointed out that every day the City goes without adopting additional budget reduction measures it becomes more and more difficult to close that gap. She stated that next year is not going to be any better-that the state of the economy is not news to anyone. On the expenditure side there are six costs that continue to grow, including next fiscal year when there will be a full year of costs for the 3 percent @ 50 benefit for safety employees. In addition, there are increased costs associated with the Class and Comp Study for the miscellaneous employees; which is great on the one hand because it helps to recruit and retain good people, but from the expenditure perspective it poses another budget challenge. She stated that the more reductions that can be made in the current year, will help the situation for next year. There is also the cost of the 2.7 percent @ 55 retirement benefit that actually started in the current fiscal year for non-safety employees, which costs approximately $2 million per year. She closed her comments by stating that it was the recommendation of the City Manager's office to approve the list of additional cuts listed on the green sheets. Council Member/Commissioner Estrada asked Ms. Sassoon to briefly address the issue of the furloughs-what that would have meant to this budget and the issue of the different bargaining units and their contributions to the overall budget situation. Ms. Sassoon reiterated that staff had reached an agreement with the Management-Confidential group and had implemented a 5 percent pay reduction for that group. She stated that the Fire Safety group still remains pending-that they are proceeding with their financial review of the City and she was not aware when that was scheduled for completion. However, they have indicated that they intend to meet with staff again. She stated that there had been a number of very productive meeting with the Police Officers Association, but in the end they were not able to reach agreement. Regarding Mid-Management and the General Unit, staff did work with them on a furlough program which was essentially a 5 percent pay reduction in exchange for some furlough time off, but they were not able to reach agreement with those groups either. Council Member/Commissioner Estrada noted that whatever reductions the Council made today, or continued to make in personnel, could have been spared had these other matters been addressed-the furloughs, the 5 percent reduction in pay by fire and police-had those ideas materialized and contributions been made to this deficit budget, the Council would not be considering these additional personnel cuts. She questioned the fairness of balancing this budget on the backs of just a select few, who in many cases earn less money than some of those not contributing. She stated that the whole purpose of the budget committee was to try to find ways of balancing this budget in a fair and equitable way, and at this point in time she did not feel that it was being done in a fair and equitable way for all City employees. 5 08/06/2008 , Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council adopt the Additional Proposed Budget Reductions dated 8/6/2008 for a total of 22 personnel (14 layoffs and 8 vacancies held) for a reduction of $1,897,400. The vote was taken following discussion. Ken Fischer, Director of Public Services, explained how the cuts proposed for his department would impact the services of the department. Ms. Sassoon added that the vast majority of the reductions that staff has been forced to look at will, unfortunately, impact the levels of service the City can provide. She stated that this is not a unique situation-that neighboring cities are all having to take very similar actions to some degree or another. She stated that the strategy has been to try and preserve services at least at minimum levels. Council Member/Commissioner Baxter asked whether the people that are going to be laid off would be the first hired if money becomes available, or if the economy changes. Ms. Sassoon replied that there is provision in the Civil Service rules that exactly requires that-those who are displaced go on the rehire list and for a certain amount of time are entitled to those positions. She added that staff had made every effort to place these folks in other positions. Council Member/Commissioner McCammack mentioned three items that she felt merited a second look or additional discussion before voting to approve more layoffs, as follows: 1. The City's current take-home vehicle policy. According to Ms. McCammack, currently reimbursement by the employee is 19.1 cents per mile; however, after the employee deducts off their tax return what they are entitled to get from the IRS, which is 50.5 cents per mile minus the 19.1 cents, they have just made money on the City by taking these cars home. 2. The Police Department helicopter. Ms. McCarnmack stated that she was in compete agreement that a helicopter over the city is an incredible public safety tool. She questioned the reality of losing more employees through layoff versus taking advantage of the free sheriff's helicopter service that is available, thereby saving some of these employees. 3. The amount of money the Council has allocated for the non-public safety portion of Operation Phoenix. 6 08/06/2008 Ms. McCarnmack stated that these three items alone could almost fix the remaining deficit. In addition, the Budget Ad Hoc Committee had brought forward other ideas for saving additional monies, but there had been no follow- through. She stated that she thought that was why there had been some "push- back" from some of the employee groups-they just didn't believe the City had done everything it could to cut out luxuries-the paid helicopter as opposed to the free helicopter-the take-home vehicles without some type of reimbursement, etc. The motion that the Mayor and Common Council adopt the Additional Proposed Budget Reductions dated 8/6/2008 for a total of 22 personnel (14 layoffs and 8 vacancies held) for a reduction of $1,897,400 carried. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson. Nays: McCammack. Absent: Derry . Ms. Sassoon stated that it may be worthwhile after the month of August to actually convene the Budget Ad Hoc Committee in the Fall and begin to work through some of those remaining issues still on the table. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council consider the request to have the take-home cars handled by the employees that are taking those cars home outside of the current City policy, that the City charge them for those cars at the going mileage rate (50.5 cents per mile). No vote was taken. Mayor/Chairman Morris noted that this may be a meet and confer item. City Attorney Penman stated that before any decision could be finalized they would have to meet and confer. Council Member/Commissioner McCarnmack stated that she thought the meet and confer had already occurred on this item with the chief negotiator because she was told by the Police Officers Association that this was exactly what was discussed in their last meet and confer. Assistant City Manager Sassoon confIrmed that it had been discussed as a general concept or idea, but it was actually part of the conditions of employment-not just for the police personnel-there are also General Unit and Middle Managers who are taking home vehicles. She stated that it was her recollection that in light of the other opportunities staff was pursuing with the employee groups at the time, the decision was made to hold this idea in abeyance until they were able to see if they could reach agreements with the employee groups. 7 08/06/2008 1 City Attorney Penman stated that it was his recollection that the Council had directed that everything on the list that had been brought up was to be discussed with the employees as part of the meet and confer so that when they got to this stage, if they were going to vote they would be able to do so. At the request of the Council, Police Chief Billdt provided input on how such a policy would affect the Police Department. He stated that he would like to take the time to review the implications before a final determination was made. Responding to a question from the Mayor, Mr. Pemnan stated that the safest practice is to meet and confer with all the affected employee units, and that would be his recommendation regarding the take-home vehicles. Mayor/Chairman Morris questioned how soon this item could be brought before these bargaining groups-whether it could be done before the next regularly scheduled Council meeting on August 18. Ms. Sassoon stated that they would certainly try. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Estrada, that the City Manager be directed to meet and confer with whatever bargaining units would be affected by the policy regarding take-home cars. The motion carried. Ayes: Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Kelley. Absent: Derry. Council Member/Commissioner McCammack made a motion that instead of paying for helicopter service, that the City take advantage of the sheriff's free helicopter service. The motion failed for lack of a second. City Attorney Penman advised that no further meet and confer was necessary regarding the helicopter service as it had already been discussed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that staff be directed to look at how the City can limit its disability costs, overtime costs associated with backfilling disability-related vacancies, and outside legal fees related to Workers Comp and disability; and that staff be asked to start working on putting together a plan modeled after the Long Beach "carve-out" plan. The motion carried unanimously with Derry absent. Ms. Sassoon advised that the Long Beach model is very unique, and she thought it was the first one approved by the State Workers Comp Board. She stated that if the City was successful in implementing the same plan here in San Bernardino it would definitely provide some long-term budget savings. 8 08/06/2008 Council Member/Commissioner McCammack pointed out that they had not yet considered using Economic Development Agency (EDA) money for some of these budget costs; and Council Member/Commissioner Estrada stated that EDA was already contributing over $5 million to cover City costs. Assistant City Manager Sassoon pointed out that with the action taken by the Council thus far today, the remaining deficit was approximately $2.1 million; and she would like to have a potential discussion with regard to the remaining budgeted reserve. She noted that the preliminary budget document projects that as of June 30, 2009, the City would have approximately $10.8 million in General Fund reserve. However, the Council had approved measures to date that use $1.6 million of that amount from unappropriated Measure Z money-so they have now appropriated every dollar of Measure Z that they have, reducing the reserve to a current projection of $9 million. She reminded the Council that of that $9 million, the Mayor and Council had specifically set aside approximately $1.2 million two years ago in anticipation of additional costs related to some of the retirement enhancements that were approved. She suggested that maybe the time had come to take advantage of that money that they had set aside and use it towards the deficit. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council approve using $1.2 million of reserve funds to help balance the 2008/09 budget. The vote was taken following discussion, Council Member/Commissioner Estrada stated that by doing this the Council was letting certain folks off the hook, and she did not believe this was fair. Mayor/Chairman Morris pointed out that there is a reality here, and that is that the contracts are up next year. The Common Council will have an opportunity to sit with these employees with an open contract and discuss all these issues. Council Member/Commissioner McCammack pointed out that they have all discussed that this is a 2-3 year issue. She stated that if the Budget Ad Hoc Committee is reconvened, it would be really prudent that they get a 2009/10 projection like they have in the past. She stated that even though they are just projections, it gives the members a start as to the potential shortfall they may be facing. The motion to use $1.2 million from the budget reserves to help balance the 2008/09 City budget carried. Ayes: Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Estrada. Absent: Derry. 9 08/06/2008 1 Ms. Sassoon stated that with that approval, the remaining budget deficit for 2008/09 was approximately $930,000. She stated that she would like the Council to consider balancing the remainder of the budget by using additional funds from the reserves, but with caveats. One of the caveats would be that they convene the Budget Ad Hoc Committee and work at ways to continue to reduce expenditures during the current year. Ultimately, at the end of the year, that may allow them to go less deeply into the reserves than they might otherwise have to do. Her second issue is that as they settle up at the end of the year and they are able to achieve additional expenditure savings, that may also reduce what they have to take from the reserves. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council balance the budget using reserves as recommended by Administration staff. No vote was taken. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council approve balancing the remaining budget deficit of approximately $930,000 by using additional budget reserves, with the caveat that once staff performs an audit of 2007/08, if there are any revenue or expenditure savings, that these savings go directly back into the reserves. The motion carried. Ayes: Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Estrada. Absent: Derry. It was noted that this would leave a remaining reserve balance of approximately $5.9 million. 3. Reimbursement of attorney fees to Glenn Baude and Kevin Hawkins related to criminal investigation of possible violation of the Mandatory Reporting Law. Note: No backup materials were distributed. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council approve reimbursement of attorney fees to Glenn Baude and Kevin Hawkins related to criminal investigation of possible violation of the Mandatory Reporting Law. No vote was taken. City Attorney Penman advised that Mr. Hawkins had notified staff that his attorney had refunded his retainer, and there was also an issue with Mr. Baude relative to dividing the attorney fee for reimbursement between the criminal and the non-criminal-and his office was supposed to look at that. 10 08/06/2008 Mr. Penman suggested as an amended motion that the Mayor and Common Council authorize the City Attorney's office to approve the reimbursement of attorney fees to Glenn Baude pertaining only to the criminal investigation of the possible violation of the Mandatory Reporting Law. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council authorize the City Attorney's office to approve the reimbursement of attorney fees to Glenn Baude pertaining only to the criminal investigation of the possible violation of the Mandatory Reporting Law. The motion carried unanimously with Derry absent. ECONOMIC DEVELOPMENT AGENCY R4. Budget Adoption - Fiscal Year 2008-2009 (Continued from July 31, 2008) RES. CDC/2008-30 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ("Agency") budget for the Fiscal Year 2008-2009, except for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area. (R4A) RES. CDC/2008-31 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's ("Agency") budget for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2008-2009. (R4B) RES. CDC/2008-32 - Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making findings and determinations as to the benefit to the various redevelopment project areas for nndertaking public improvements in connection with these various City expenditures. (R4C) RES. 2008-319 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the funding of various City of San Bernardino Fiscal Year 2008-2009 public improvement expenditures and making fmdings and determinations as to the benefit to the various redevelopment project areas for undertaking public improvements in connection with these various City expenditures. (R4D) 11 08/06/2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said Resolution R4A be adopted. Resolution No. CDC/2008-30 was adopted unanimously with Derry absent. Council Member/Commissioner McCammack declared a conflict on Resolution R4B because she owns property in the Uptown Redevelopment Project Area and left the dais, returning after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said Resolution R4B be adopted. Resolution No. CDC/2008-31 was adopted. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson. Nays: None. Abstentions: McCammack. Absent: Derry. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said Resolution R4C be adopted. Resolution No. CDC/2008-32 was adopted. Ayes: Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Estrada. Absent: Derry. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said Resolution R4D be adopted. Resolution No. 2008-319 was adopted. Ayes: Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Estrada. Absent: Derry. NB1. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Facility Use Agreement by and between the American Sports University and the City of San Bernardino allowing for the University's use of Meadowbrook Park and the Rudy C. Hernandez Recreation Center. (Continued from August 4, 2008) Assistant City Manager Sassoon stated that staff was requesting a 30-day continuance. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of September 2,2008. The motion carried unanimously with Derry absent. NB2. Implementation of an Anti-Graffiti Rewards Program (Continued from August 4, 2(08) Council Member/Commissioner Johnson asked Police Chief Billdt whether similar programs have been successful. 12 08/06/2008 Chief Billdt answered that some had and some had not. He stated that he would like to take a trial look at the program and evaluate for himself how it works for San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council approve the implementation of an Anti-Graffiti Rewards Program for a trial period of six months. The motion carried unanimously with Derry absent. 4. Adjournment At 7:34 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, August 18, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: ~~w Lmda E. Hartzel Deputy City Clerk 13 08/06/2008