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HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammiuk MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 18, 2008 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:35 p.m., Monday, August 18, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: MayorlChairrnan Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley Johnson, McCarrnnack; City Attorney Penman, Deputy City Clerk Sutherland, City Manager Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Richard "Scott" Moss, et at v. City of San Bernardino, et al. - United States District Court Case No. EDCV 07-01027SGL (Opx); 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; 1 08/18/2008 Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. _ San Bernardino Superior Court Case No. CIVSS 708367; 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; Shirley Goodwin v. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-66 RT (OP); Zakyia Watson, et at v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 807970; City of San Bernardino v. Jesus Rodri~es Frausto, et al. - San Bernardino Superior Court Case No. CIVSS 701469; Omnipoint Communications, Inc., dba T-Mobile v. City of San Bernardino, et al. - United States District Court Case No. CV08-01881 GAF (OPx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9: Claim filed by Manta Management; Inland Communities Corp. v. City of San Bernardino (Paradise Hills); Baude v. James Penman, Fred Wilson and City of San Bernardino; 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 2 08/18/2008 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. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property Address: 1208 North "H" Street, San Bernardino Negotiating Parties: Don Gee, Deputy Director of the Redevelopment Agency on behalf of the City of San Bernardino, and Keith Williams on behalf of Caltrans. Under Negotiation: Purchase price, terms, and conditions Central City North Redevelopment Project Area 2. Property Address: 450 North "E" Street, San Bernardino APN: 0134-121-24 Negotiating Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency, and Moctesuma Esparza, CEO and Founder on behalf of Maya Cinemas. Under Negotiation: Purchase price, terms, and conditions Central City South Redevelopment Project Area 3. Property Addresses: 225 Orange Show Lane, San Bernardino Negotiating Parties: Don Gee, Deputy Director of the Redevelopment Agency on behalf of the City of San Bernardino, and Ed and Joyce Seidner and James W. Redfern 2002 Family Trust, as owners of said property. Under Negotiation: Purchase price, terms, and conditions for acquisition by the City of San Bernardino 3 08/18/2008 City Attorney Pemnan announced that the following additional item would be discussed in closed session under Agenda Item No. 1C, anticipated litigation _ initiation of litigation: City of San Bernardino v. Metropolitan Water District Closed Session Announcement Deputy City Clerk Sutherland announced that in closed session a motion was made by Council Member Estrada, seconded by Council Member McCammack that the Council issue subpoenas to the following City staff members: Director of Code Enforcement, Director of Parks & Recreation, Recreation Superintendent, and Senior Recreation Supervisor. The motion failed. Ayes: Estrada, McCammack. Nays: Baxter, Brinker, Derry, Kelley, Johnson. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence MayorlChairman Morris extended condolences to the family and requested a moment of silence in memory of retired Judge Jesse William Curtis, Jr., a distinguished jurist and member of a pioneer San Bernardino family, who passed away earlier this month at the age of 102. Invocation/Pledge of Allegiance The invocation was given by Monsignor Tom Wallace of the Diocese of San Bernardino. The pledge of allegiance was led by Elena Ordonez, a student at Rarnona- Alessandro Elementary School. 2. Appointment - John Matley - Bureau of Franchises - Council Member Baxter (See related Agenda Item No. NB1, page 20) Council MemberlCommissioner Derry made a motion, seconded by Council MemberlCommissioner Baxter, that the appointment of John Matley to the Bureau of Franchises, as requested by Council Member Baxter, be approved. The motion carried unanimously. 3. Proclamations & Presentations Mayor Morris presented a proclamation designating August as Child Support Awareness Month in the City of San Bernardino to Connie Brunn, Director of Child Support Services for the County of San Bernardino. 4 08/18/2008 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 Jo1ena Grider James Sharer Melissa Demuri Melody Green Quande1et Neal William Rogers Department City Attorney Facilities Management Police Police Police Police Years of Service 10 15 5 5 5 30 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 MemberlCommissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, 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. 6. Council Minutes Council MemberlCommissioner Johnson made a motion, seconded by Council MemberlCommissioner Baxter, that the minutes of the following meetings of the Mayor and Common CouncillCommunity Development Commission of the City of San Bernardino be approved as submitted in typewritten form: July 28, 2008; and July 31,2008. The motion carried unanimously. 7. Claims & Payroll Council MemberlCommissioner Johnson made a motion, seconded by Council MemberlCommissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated August 11, 2008, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 5 08/18/2008 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Interim Chief Examiner, dated August 13, 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. 9. ORD. MC-1282 - An Ordinance of the City of San Bernardino adding Chapter 5.19 to the San Bernardino Municipal Code regarding prohibiting sex offenders from peddling and soliciting and repealing Section 5.04.605 regarding house-to-house solicitors. FINAL READING (Continued from August 4, 2(08) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1282 was adopted unanimously. 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute an agreement with the patrons of the Roosevelt Bowl for the provision of support services for Market Night at Perris Hill Park, and ratifying any action taken between April 17, 2008 and the date that this resolution is adopted. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the CouncillCommission meeting of September 2, 2008. The motion carried unanimously. 11. ORD. MC-I281 - An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Chapter 12.03 (Right-of-Way Permits, Excavations and Temporary Encroachments), Section 12.03.020 (Definitions) and adding Section 12.03.055 to establish a trench cut moratorium on newly paved public roadways. FINAL READING (Continued from August 4, 2(08) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-I281 was adopted unanimously. 6 08/18/2008 12. Authorize the Director of Development Services to execute Contract Change Order No. One with Nikola Corporation for Sewer and Street Improvements for various streets (SW07-02, SW07-01, SW06-01 & SW06- 09), per Project Plan No. 11868 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services be authorized to execute Contract Change Order No. One with Niko1a Corporation for Sewer and Street Improvements for various streets (SW07-02, SW07-01, SW06-01 & SW06-09), per Project Plan No. 11868. The motion carried unanimously. 13. Authorize the Director of Development Services to execute Contract Change Order No. One with L.A. Builders, Inc. for Segment 3 Sewer Line Relocation 1-215 (SW08-08), per Project Plan No. 11916 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services be authorized to execute Contract Change Order No. One with L.A. Builders, Inc. for Segment 3 Sewer Line Relocation 1-215 (SW08-08), per Project Plan No. 11916. The motion carried unanimously. 14. Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 license (Off-sale Beer & Wine) for SM Asian Market located at 333 South "E" Street Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to contact the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license (Off- sale Beer & Wine) to SM Asian Market located at 333 South "E" Street, subject to conditions of approval recommended by the Police Department. The motion carried unanimously. 15. RES. 2008-320 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity reqnire the formation of a landscape maintenance assessment district located in the PaIm Avenue and Piedmont Drive area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1062; preliminarily approving the Engineer's report and giving notice of a public hearing. 7 08/18/2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Cornmissioner Baxter, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Palm Avenue and Piedmont Drive area (Tract Map No. 10302), to be known as Assessment District No. 1062; and that said resolution be adopted. The motion carried and Resolution No. 2008-320 was adopted unanimously. 16. RES. 2008-321 - Resolution of the City of San Bernardino preliminArily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Foothill Drive and Sterling Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1058; preliminarily approving the engineer's report and giving notice of a public hearing. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Foothill Drive and Sterling Avenue Area, to be known as Assessment District No. 1058; and that said resolution be adopted. The motion carried and Resolution No. 2008-321 was adopted unanimously. 17. RES. 2008-322 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the fmal map for Tract Map No. 17793, located on the east side of Lynwood Way between Amanda Street and Byron Street, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-322 was adopted UIlAnimously. 18. RES. 2008-323 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Nikola Constrnction Corporation for sewer improvements in Industrial Parkway - Tippecanoe Avenue _ "I" Street and pavement rehabilitation on Tippecanoe Avenue - "I" Street _ Sterling Avenue (SW05-05, SW05-06, SW04-36, & S806-56), per Project Plan No. 11923A. 8 08/18/2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council reject the protest of Alliance Streetworks, Inc.; and that said resolution be adopted. The motion carried and Resolution No. 2008-323 was adopted unanimously. 19. Resolution of the City of San Bernardino authorizing the City Manager to execute agreements for services with Joseph E. Bonadiman & Associates, Inc., Guida Surveying, Inc. and Associated Engineers, Inc. for on-caU surveying and map checking support. Council Member/Commissioner Kelley stated that he had received an e-mail from two residents who had questions as to whether there is a conflict of interest regarding Joseph E. Bonadiman & Associates doing this work if they own property in the area. Valerie Ross, Director of Development Services, stated that if there was a Capital Improvement Project (CIP) where the City had need of surveying services that were near, or on, or adjacent to property owned by Bonadiman or anyone else, they would go to the next company on the list. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. No vote was taken. When asked by Council Member/Commissioner McCammack as to how staff would know this information, Ms. Ross explained that there is language that requires them to tell the City if such a situation exists. She stated that it not only has to do with owning property in proximity to the project, but could be a situation where they are working for a private developer while working for the City, and that would be a concern for the City also. City Attorney Pemnan stated that he also had received the e-mail in his office; however, he did not have an answer for this inquiry because he did not know what properties are owned in that area by Mr. Bonadiman and any of his companies and partnerships. He stated that his advice would be to continue the matter until his office can look into the matter and report back to the Council on whether or not there is a conflict of interest. Discussion ensued wherein it was suggested that additiona11anguage be added to the agreements to preclude any real or perceived conflicts of interests by companies or individuals under contract to the City. 9 08/1812008 Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of September 2, 2008; and that additional language be added to the agreements stating that these "consultants" be required to report to the Director of Development Services any additional properties they obtain while under agreement with the City and identify any projects they are working on for a third party that could constitute a real or perceived conflict. The motion carried unanimously. 20. RES. 2008-324 - Resolution of the Mayor and Common Council of the City of San Bernardino amending the reimbursement agreement with the City of Riverside for street improvements to Commercial Road and Hunts Lane. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-324 was adopted unanimously. Later in the meeting Council Member/Commissioner Brinker stated that he should have abstained on this item because these two roads are adjacent to his home and asked that it be reconsidered. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that Agenda Item No. 20 be reconsidered. The motion carried unanimously. Council Member/Commissioner Brinker left the dais and returned after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-324 was adopted unanimously. Ayes: Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Brinker. 21. RES. 2008-325 - Resolution of the City of San Bernardino approving consultant services agreements with the fIrms of Willdan and Transportation Engineering and Planning, Inc. to provide on-call traffic engineering services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-325 was adopted unanimously. 10 08/18/2008 22. RES. 2008-326 - Resolution of the City of San Bernardino authorizing the execution of a lease agreement with Omnipoint Communications Inc., relating to City-owned property located north of Base Line Street and east of California Street (Ann Shirrell's Park). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-326 was adopted unanimously. 23. Resolution of the Mayor and Common Council approving and adopting the City of San Bernardino's final budget for Fiscal Year 2008-2009 and establishing the City's appropriation limit as required by Article XXIII B of the California State Constitution. RES. 2008-336 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the City of San Bernardino to establish 2008-2009 expenditures for the month of September, 2008 only, at one-twelfth the actual levels contained in the adopted budget for 2007-2008 fIScal year, or as needed to pay the authorized costs incurred for the month of September, 2008 only, pending fmal approval of the 2008-2009 budget, and continuing the consideration of the City of San Bernardino's fmal budget for fiscal year 2008-2009 and establishing the City's appropriation limit as required by Article XXIII of the California State Constitution. Note: Budget continuing resolution not distributed with backup materials. Council Member/Commissioner Estrada stated she would prefer to address only the sections that involve the community centers and Project Phoenix, but she was not sure how they could extrapolate this information from the total budget to allow for a continuation for a certain period of time only in order to be able to get answers back from the departments. City Attorney Penman noted that three Council members had expressed concern that they had not received this budget in time to review it. Also, his office had just received it late this morning, and they had not read or signed the resolution. He recommended that the matter be continued for two weeks; and that a continuing resolution which had been prepared by his office be adopted by the Council today. Deputy City Clerk Sutherland read the title of the continuing resolution into the record. 11 08/18/2008 Council Member/Conunissioner Baxter made a motion, seconded by Council Member/Conunissioner Brinker, that the continuing resolution be adopted, and that the matter be continued to the CouncillConunission meeting of September 2, ZOOS. The vote was taken following discussion. Council Member/Conunissioner Estrada asked that Finance prepare a detailed summary or analysis outlining the total costs for operating Operation Phoenix and the other conununity centers, including any contributions by the Economic Development Agency and any collaborative grants that are part of the overall income and expenditure of Operation Phoenix and the conununity centers. Ms. Estrada also asked Ms. McCammack for copies of documents that had been provided to her by City Manager Wilson relative to Operation Phoenix. Ms. Estrada asked for an explanation of when there is a collaborative effort initiated and we sign on to it, how do we account for the funds received versus the services received. The motion carried and continuing Resolution No. 2008-336 was adopted unanimously. 24. RES. 2008-327 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the budget detail worksheet for the Fiscal Year 2008 Homeland Security Grant Program to the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Conunissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-327 was adopted unanimously. 25. RES. 2008-328 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the budget detail worksheet for the Fiscal Year 2008 Metropolitan Medical Response System (MMRS) Grant Program to the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Conunissioner Johnson made a motion, seconded by Council Member/Conunissioner Baxter, that said resolution be adopted. Resolution No. 2008-328 was adopted unanimously. 12 08/18/2008 26. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Use of Facilities Agreement between the City of San Bernardino and California State University, San Bernardino providing for the University's use of Fiscalini Field. Council Member/Commissioner McCammack stated that she would abstain on this item because California State University, San Bernardino is a business client. She left the dais and returned after the vote was taken. Discussion ensued wherein it was noted that the agreement actually specifies particular dates and times for which the University will have use of the field, but does not preclude other groups from utilizing the field at other times. Additionally, it calls for Ca1 State to provide several upgrades and improvements to the field. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. No vote was taken. Council Member/Commissioner Kelley verified with staff that Pony League would be able to use the field and would not be displaced as they have been in the past. The following individuals spoke in opposition to the reso1ution/agreement: Mike Williford, 2803 Akron Street, San Bernardino, CA; Scott Workman, 3316 "D" Street, San Bernardino, CA; Arthur Solis, 1488 West Baseline Street, San Bernardino, CA; Jason Gopperton, 263 East 35th Street, San Bernardino, CA Some of their concerns were that the contract is too vague relative to when other entities can use the field; the contract period is too long; the displacement of 250 individua1slp1ayers to accommodate 25 college players; their belief that it will kill the San Bernardino Adult Baseball League; loss of income to surrounding businesses from those currently using the field; etc. Council Member/Commissioner Kelley asked if relative to this agreement there was a scheduling committee so everyone knows when the fields will be available and who will be using them and at what time. If not, he suggested that they look at The Blast agreement because there is a scheduling component to that agreement. 13 08/18/2008 Dr. Kevin Hatcher, Cal State Athletics, 5500 University Parkway, San Bernardino, CA, stated that this is one of the ways they are looking to partner with the City. He stated that the contract allows the City to schedule around their games except for conference games that are predetermined. He stated that most of their use will be from January to mid-May-the remainder of the year the City is free to schedule whoever they want. He stated that they are putting in $17,500 to help with the upkeep and maintenance of the field every year along with what they have estimated to be about $100,000 in improvements to the field. Assistant City Manager Sassoon recommended a two-week continuance. Council Mernber/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of September 2, 2008. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: McCammack. 27. Item deleted 28. RES. 2008-329 - Resolution of the City of San Bernardino authorizing the execution of a Professional Services Agreement to employ Robert Curtis on a part-time basis in Fiscal Year 2008/09. Council Member/Commissioner Johnson made a motion, seconded by Council Mernber/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-329 was adopted unanimously. 29. Item deleted 30. RES. 2008-330 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a seatbelt mini-grant application by the Police Department to the California Office of Traffic Safety/UC Berkeley Traffic Safety in the amount of $92,241.00, and authorizing the Police Department to administer the grant funds, if awarded, in accordance with the Grant Expenditure Plan. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-330 was adopted unanimously. 14 08/18/2008 31. RES. 2008-335 - Resolution of the City of San Bernardino authorizing the purchase and instaUation of a replacement jail doors control console from Rockwell Controls, Inc., of Fullerton, California, pursuant to Chapter 3.04.010 (b)(3) of the Municipal Code and authorizing a budget amendment and transfer. City Attorney Penman noted that when the Mayor and Council were going through the budget one of the discussions was whether they were going to continue operating the jail; and he questioned whether it was their desire to keep the jail going. Police Chief Billdt explained that there is a likelihood that booking fees will not be reimbursed, and if that is the case the City will have to pay $89.66 per booking. He stated that if the booking fee reimbursement is eliminated. the City will spend $145.000 more for booking fees than if we maintained our jail. Secondly, our jail was built in 1996 under the Bureau of Prison's 1996 regulations. If we have more than a temporary closure of the jail and then decide to reopen it, we will have to bring it up to the 2008 Bureau of Prison standards; and the capital outlay to bring it up to those standards is going to be substantial. When making their decision, he asked the Council to consider that if we do explore "pay to stay" jail status with Corrections Systems, Inc. out of Houston, we need the jail doors fixed anyway. He stated that he had presented this item as part of the department's budget preparations, but because of the tough fiscal times their request to expend monies to replace the system was blue-lined. Shortly thereafter the control console failed. He stated that the question is, if we permanently close the jail, what would it cost to bring it back to the standards under the 2008 guidelines. Chief Billdt stated that he thought it would be fiscally responsible to spend the money in the context of these issues. However, if it's something the Council wanted to deliberate further, he would recommend they not deliberate too long because he does not want to get permanent closed jail status. Council Member/Comrnissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Director of Finance be authorized to process a budget amendment moving $90,700 from Account No. 001-228-5505 (Other Professional Services) to Account No. 001-228-5704 (Capital Outlay-Other Equipment). The motion carried and Resolution No. 2008-335 was adopted unanimously. 15 08/18/2008 32. Review of the Public Services Integrated Waste Management Division Business Plan prepared by R3 Consulting Group Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the business plan be referred to the Ways and Means Committee. The motion carried unanimously. 33. Approve the preparation schedule for the Sewer System Management Plan (SSMP) as required by the State Water Resources Control Board Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the preparation schedule for the Sewer System Management Plan (SSMP) be approved. The motion carried unanimously. 34. RES. 2008-331 - 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 $900,000 to EFS West for LNG/CNG heavy equipment garage modifications to the Fleet Division heavy equipment maintenance facility. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Finance be authorized to amend the FY 2008/09 adopted Public Services Budget and transfer $150,000 from Account No. 132-000-3405 (Sewer Fund Balance) into Account No. 132- 431-5706 (Alterations and Renovations); and that said resolution be adopted. The motion carried and Resolution No. 2008-331 was adopted unanimously. 35. RES. 2008-332 - 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 $34,000 with three (3) one-year extensions at the City's option between the City of San Bernardino and South Bay Foundry, Inc. for the purchase of sewer manhole lids and collars. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-332 was adopted unanimously. 16 08/18/2008 36. RES. 2008-333 - 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 $58,500 to Guzman Construction Company pursuant to Section 3.04.010 B-3 of the Municipal Code for the labor, concrete materials and eqnipment costs associated with the removal and installation of damaged, deficient and aged manholes. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-333 was adopted unanimously. 37. RES. 2008-334 - 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 $100,000 with three (3) one-year extensions at the City's option between the City of San Bernardino and Guzman Construction Co. for the repairs of sidewalks, curbs, gutters and cross gutters. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-334 was adopted unanimously. 38. Ordinance of the City of San Bernardino amending Chapter 2.19 of Title 2 of the San Bernardino Municipal Code establishing a Youth Advisory Commission. Note: No ordinance was distributed with the backup materials. City Attorney Penman asked for a two-week continuance. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Counci11 Commission meeting of September 2, 2008. The motion carried unanimously. 39. RES. 2008-337 - Resolution of the Mayor and Common Council of the City of San Bernardino opposing fIScally irresponsible state budget decisions that would "borrow" local government transportation funds. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-337 was adopted unanimously. 17 08/1812008 40. Presentation by Inland Communities regarding the proposed University HiUs Project A PowerPoint presentation was made by Inland Communities. No action was taken on this matter. 41. Capital Improvement Program (CIP) workshop 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 A PowerPoint presentation was made by Robert Eisenbeisz, City Engineer, covering highlights of the 5-year Capital Improvement Program for fiscal years 2008/09 - 2012/13. He stated that some of the major projects will be the Tippecanoe Interchange, Mt. Vernon Bridge, 1-215 Widening (administered by SANBAG), University Parkway Interchange, 5th Street Bridge (administered by SANBAG), Hunts Lane Bridge over the Union Pacific Railroad, and the State Street extension. He stated that there would be several roadway extension projects around the airport. Also, 27 rehab projects are proposed for this year at a cost of $4,842,000. Valerie Ross, Director of Development Services, advised the Council that staff would need their feedback by the end of the week so final documents could be prepared and ready for the September 2 Council/Commission meeting. No action was taken on this matter. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairrnan Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack; Senior Assistant City Attorney Wilson, Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo, Deputy City Clerk Sutherland. Absent: None. R42. Initiation of negotiations with Maya Cinema North America for a Consent to Assignment and Amendment to Lease and a Disposition and Development Agreement for the Agency owned CinemaStar Theatre and vacant property Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that the Community Development Commission of the City of San Bernardino direct Agency Staff to initiate negotiations with Maya Cinema North America for a Consent to Assignment and Amendment to Lease and a Disposition and Development Agreement for the Agency owned CinemaStar Theatre and vacant property. The motion carried unanimously. 18 08/18/2008 R43. RES. CDC/2008-33 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Termination Agreement to the Disposition and Development Agreement by and between the Agency and Century Crowell Communities, LP. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2008-33 was adopted unanimously. R44. RES. CDC/2008-34 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing execution of an agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and the Inland Valley Development Agency ("IVDA") for the administration of the federally funded High Ground Water/Liquefaction Mitigation and Economic Redevelopment Project as related to a United States Department of Commerce Economic Development Administration (EDA) Grant (07-49-06138 Award in the amount of $950,000). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2008-34 was adopted unanimously. R45. Resolution of the Mayor and Common Council of the City of San Bernardino regarding a TEFRA Hearing to be conducted by the County of San Bernardino for Revenue Bonds to be issued by the California Statewide Communities Development Authority for the benefit of Mountain Shadows Support Group for acquisition of five (5) properties within the City of San Bernardino. Interim Executive Director Marzullo advised that the County had asked that this item be tabled. Council Member/Commissioner McCammack made a motion, seconded by Council Member Baxter, that the matter be tabled. The motion carried unanimously with Estrada absent. 19 08/18/2008 46. Public Comments Betty Jean Long, P.O. Box 1098, San Bernardino, CA, requested that former Mayor Valles contact her at her post office box or call her at 9091565-6689, as she wants to know what happened to the $200,000 per year that she was allotted by the government for a homeless shelter. She also requested the same information from Mayor Morris. Bill AlIen, 1331 W. King Street, San Bernardino, CA, spoke in support of Turrill Transitional Assistance Program, stating that he was once a homeless veteran and until he came across Tom Kanavos' Turrill Transitional Assistance Program he had very little hope. Carlton Bishop, 1057 West 41" Street, San Bernardino, CA, spoke in support of Turrill Transitional Assistance Program, which gives parolees a place to live and helps them to turn their lives around. Bobby Oquendo, 264 East lOlh Street, San Bernardino, CA, a City fire employee, took exception to comments made regarding fire personnel during the recent budget discussions, stating that in the 31 years he has worked for the City he and all the men and women of the Fire Department have done a lot of things for the City and are ready, willing, and able to do anything for the Mayor and Council to save the City money. Anthony Garacd, 752 West lOlh Street, San Bernardino, CA, spoke regarding protection for individuals who turn in taggers and other individuals breaking the law, stating that they are being threatened by these individuals, yet no one will do anything to help them. NBl. Appointment - Louella Deetz - Bureau of Franchises - Council Member Kelley (See related Agenda Item No.2, page 4) Note: No backup material was submitted. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Brinker, that the matter arose subsequent to the posting of the agenda. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: McCammack. Absent: None. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, that the appointment of Louella Deetz to the Bureau of Franchises, as requested by Council Member Kelley, be approved. The motion carried unanimously. 20 08/1 8/2008 39. Adjournment At 7:17 p.m. the meeting adjourned. The next joint regular meeting of the Mayor and Common CouncillCommunity Development Commission is scheduled for 1:30 p.m., Tuesday, September 2, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. LINDA SUTHERLAND Deputy City Clerk By: ~ H~efl4jJ Deputy City Clerk 21 08/18/2008