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HomeMy WebLinkAbout09-15-2008 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patriek J. Morris Counell Memben: Esther Es/rodJJ Dennis J. Box/er Tobin Brinker Neil Derry ChIJs Kelley Rikk.e Von Johnson Wendy McComnuuk ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 15, 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 1:37 p.m., Monday, September 15, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Acting City Manager Sassoon. Absent: Council Members/Commissioners Estrada, Kelley. Council Member/Commissioner Estrada arrived at 1:41 p.m. Council Member/Commi~ioner Kelley arrived at 1:47 p.m. Council Member/Commissioner Brinker excused at 6:45 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): Richard "Scott" Moss, et aI. v. City of San Bernardino, et aI. - United States District Court Case No. EDCV 07-01027SGL (Opx); 1 09/15/2008 San Bernardino City Professional FirefildIters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et aI. - San Bernardino Superior Court Case No. CIVSS 807685; Michael Desrochers and Steve Lowes v. City of San Bernardino, et aI. - San Bernardino Superior Court Case No. CIVSS 708367; Jamora Allen v. City of San Bernardino, Adam Affrunti, et aI. - San Bernardino Superior Court Case No. CIVSS 805915: Arleen Nolin, Hillary Latham v. City of San Bernardino, Michael Taylor, et aI. - San Bernardino Superior Court Case No. CIVSS 805061. 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: Inland Communities Corp. v. City of San Bernardino (Paradise Hills); Baude v. James Penman, Fred Wilson and City of San Bernardino; Two (2) cases; California Aviation Services, Inc. v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University People v. Jane Does 1 & 2 D. Closed Session - personnel - pursuant to Government Code Section 54957: Interim City Manager Director of Code Enforcement Chief of Police 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. 2 09/15/2008 G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Century City North Redevelopment Project Area 1. Property Address: 1208 North "H" Street Nel!;otiatinl!; 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 Nel!;otiation: Purchase price, terms, and conditions 2. Property Address: 450 North "E" Street APN: 0134-121-24 Nel!;otiatinl!; Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, and Moctesurna Esparza, CEO and Founder on behalf of Maya Cinemas. Under Nel!;otiation: Purchase price, terms, and conditions 3. Property Address: 746 West 5111 Street APNs: 0134-054-07, 08 and 09 Nel!;otiatinl!; Parties: Emil A. Marzullo, Interim Executive Director on behalf of the Redevelopment Agency, and The Salvation Army, owner. Under Nel!;otiation: Purchase price, terms, and conditions Central City North Downtown Redevelopment Project Area 1. Property Address: Properties bounded by 5th Street to the south, "H" Street to the west, Spruce Street to the west, Spruce Street to the north and "G" Street to the east 3 09/15/2008 Nel!;otiatinl!; Parties: Emil A. Marzullo, Interim Executive Director of the Redevelopment Agency of the City of San Bernardino, on behalf of the Redevelopment Agency and the owners of those properties within the boundaries referenced above. Under Nel!;otiation: To discuss possible acquisition program and direct Agency Staff to take preliminary actions. 2. Property Address: Properties bounded by 5111 Street to the south, 1-215 Freeway to the west, 6111 Street to the north and "H" Street to the east Nel!;otiatinl!; Parties: Emil A. Marznllo, Interim Executive Director of the Redevelopment Agency of the City of San Bernardino, on behalf of the Redevelopment Agency and the owners of those properties within the boundaries referenced above. Under Nel!;otiation: To discuss possible acquisition program and direct Agency Staff to take preliminary actions. 3. Property Address: Properties bounded by 4111 Street to the south, 1-215 Freeway to the west, 5111 Street to the north and "H" Street to the east. Nel!;otiatinl!; Parties: Emil A. Marzullo, Interim Executive Director of the Redevelopment Agency of the City of San Bernardino, on behalf of the Redevelopment Agency and the owners of those properties within the boundaries referenced above. Under Nel!;otiation: To discuss possible acquisition program and direct Agency Staff to take preliminary actions. 4 09/15/2008 5'" Street Meridian Avenue Project Property Addresses/ Nel!;otiatinl!; Parties: Emil A. Marznllo, Interim Executive Director, on behalf of the Redevelopment Agency, and the asset management departments of the following financial institutions regarding their respective properties within the City of San Bernardino: 2624 W. 5111 Street Property Owner: Downey Savings APN: 0142-522-25-0-000 2625 W. 5111 Street Property Owner: GMAC APN: 0142-522-37-0-000 2633 W. 5111 Street Property Owner: Fremont APN: 0142-522-36-0-000 2639 W. 5111 Street Property Owner: Carrington APN: 0142-522-35-0-000 2643 W. 5111 Street Property Owner: Bank of New York APN: 0142-522-12-0-000 2657 W. 5111 Street Property Owner: Soundview Financial APN: 0142-522-11-0-000 2682 W. 5th Street Property Owner: Deutsche Bank APN: 0142-522-16-0-000 2656 W. 5111 Street Property Owner: Wells Fargo Bank APN: 0142-522-14-0-000 5 09/15/2008 2695 W. 5111 Street Property Type: To Be Determined APN: 0142-522-08-0-000 Under Nel!;otiation: Purchase price, terms, and conditions City Attorney Penman announced that the following additional items would be discussed in closed session under Agenda Item No. 18, significant exposure to litigation: Agenda Item Nos. 9, 10,31, and 48. Following closed session, City Attorney Penman announced that the following items had also been discussed in closed session: Under Agenda Item No. lA, existing litigation: Shirley Goodwin v. City of San Bernardino, et al. - United States District Court Case No. EDCV 98-626 RT (OP); Under Agenda Item No. 18, significant exposure to litigation: Agenda Item Nos. 32 and 41. Public Comments on Closed Session Items David Fontilla, attorney for Ryan Rangel, owner of 2618 West 5111 Street, San Bernardino, CA (part of the Meridian Complex), spoke regarding some of the property owners in this area who own fairly well-maintained fourplexes and their efforts to obtain some of the surrounding properties to turn the complex around completely. He complimented the City on the creative idea of using affordable housing funds for this project, and stated that he hoped staff was not wed to the idea of just going in, acquiring, and knocking down, when there are other options available and other property owners willing to work in cooperation with the City in this Meridian Complex area. Closed Session Aunouncement City Clerk Clark announced that during closed session Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, and unanimously carried, to waive Shirley Goodwin's right to appeal. 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. 6 09/15/2008 InvocationlPledge of Allegiance The invocation was given by Reverend Petra Malleis-Sternberg of the First Congregational United Church of Christ, followed by the pledge of allegiance led by Council Member/Commissioner Kelley. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations Wayne Austin, President and CEO of the San Bernardino Convention and Visitors Bureau, made an announcement regarding the upcoming 19111 Annual Route 66 Rendezvous and related events. Rabbi Hillel Cohn, Chairman of the City's Bicentennial Committee, introduced the other committee members and made a PowerPoint presentation regarding the events they are planning for the City's 2010 bicentennial celebration. Two couples-Dr. and Mrs. Harry Hwang and Dave and Yu Mlynarski-were recognized as Citizens of the Month by Council Member/Commissioner Baxter. Ivan Amador, a student at Cajon High School, was presented a commendation and recognized as Student of the Month by Council Member/Commissioner Kelley. 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 Teri Baker Danny Nolfo Joseph Block Stacey Thompson Armando Leon Sr. Department City Manager Code Enforcement Police Police Public Services Years of Service 10 30 5 10 25 4. Aunouncements 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. 7 09/15/2008 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 unanimonsly. 6. Council Minutes Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: August 18,2008. The motion carried unanimonsly. 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 8, 2008, from Barbara Pachon, Director of Finance, be approved. Tbe motion carried unanimonsly. 8. Persounel Actions Council Member/Commissioner McCammack pointed out that at the Council meeting of September 2, 2008, there was a Police Department promotion on the list of unclassified personnel actions that was continued to today' s meeting; however, it was not listed in the personnel actions to be acted on today. She asked who was keeping track of continued items and why this specific item was not on the agenda. City Clerk Clark stated that she had asked her staff that very same question, and although she did not know where the instruction came from, they had been told not to place that particular item on the agenda. Acting City Manager Sassoon advised that it was her understanding that the Council had some questions regarding the item-that this promotion was related to the ongoing discussions with the police chief-so a decision was made to pull it off at this time pending further discussion by the Mayor and Council regarding those issues. 8 09/15/2008 Ms. McCammack stated that she was told that the Mayor had pnlled it-that he told the staff member to pull it from the agenda-and that's just not proper procedure. Ms. Sassoon stated that was not the case-that she and the police chief discussed it and elected to pnll it off at this time. Council Member/Commissioner Estrada pointed out that the Council is the legislative body, and they made a legislative decision to bring that item back and they voted on it. She asked whether, legally, anybody conld just change that action. City Attorney Penman answered that they could not. The Council discussed at length how this happened, why it happened, and what could be done if they wanted to discuss the item today. Many suggestions were discussed as to what to do with the item-refer it to Personnel Committee, bring it back to the next Council meeting, or discuss it at the adjourned meeting scheduled for Wednesday, September 17. City Attorney Penman stated that he thought it shonld be on the next agenda, since the Council took an action at one point in time to have it come back to them, and since he didn't think they could legally discuss it today, it should come back at the next meeting and then at that point in time they can decide to discuss it, deny it, refer it to committee, or whatever is their pleasure. Council Member/Commissioner McCammack stated that she was going to direct Council staff to put it on the Personnel Committee agenda. Mayor/Chairman Morris stated that he thought it would be appropriate, assuming that the Council wanted to move on this, to move it back on the calendar for two weeks hence for the regular Council meeting. Council Member/Commissioner Kelley stated that he thought it could come back in two weeks-that he had received an explanation from Lori and he understood what she was saying. He noted that he is on the committee that's reviewing all of those sensitive issues that have been discussed so openly in recent weeks, and he thought it was probably prudent that they did that, given the fact that the matter had not yet been resolved. Council Member/Commissioner Estrada stated that she thought they were talking about two different things here-some were talking about the actual promotion and the individual that that involved; however, she was talking about a legislative action that the Council took and how that action was thrown by the wayside. She stated that she wanted to know how that happened, why it 9 09/15/2008 happened, when it happened-because indirectly or directly it also affects the individual that was involved in that promotion. She stated that she wanted to make sure that the Council was not exposing the City to liability because of anything that they may have done, or their staff might have done, that in some way affects that. Ms. Sassoon reiterated that certainly nothing fell off the agenda-the item just wasn't noted; and she had made that decision in consultation with the Chief. She stated that her intention or thought at the time was that at the last meeting the Council had expressed concern and had questions about that promotion. Her thinking in coming to this meeting was that the Council still hadn't had any of those questions answered, and so they removed it from the agenda. Ms. Estrada asked whether that could have been done in executive session, in terms of that particular person-that if the Council has those questions, they are asked and/or answered in closed session, because they are talking about an individual. Ms. Sassoon stated that her thought was that the matter wonld fall into the discussion that the Council was planning on having Wednesday night-that was her intention-it was not to discount the Council's action at all. She stated she wanted to provide that clarification to the Council as to what her thought process was with regard to what she did. Council Member/Commissioner Baxter made a motion to bring it back to this full Council in two weeks. The motion failed for lack of a second. Council Member/Commissioner McCammack stated that although she thought Ms. Sassoon's point was well taken in that they may not need to make that decision until Wednesday night, she would caution her colleagues on putting something back on the agenda that they may have their minds changed about on Wednesday night. She stated that her suggestion would be to do nothing at this point. Mike Yandell, President of the General Unit and a City employee, stated that in reference to Item No.8, he had some major concerns that street lights are being taken down and not replaced, therefore, endangering the citizens. He stated that he thought the Council really needed to meet and confer with the union about these actions and laying more people off. Ms. Sassoon pointed out that although they did complete meet and confer regarding the layoff process, there is a subsequent meet and confer regarding the fmal decision to contract out that work. She stated that staff wonld soon be contacting the folks in the General Unit to meet with them about that issue before the item comes back to award that contract. 10 09/15/2008 Steve Rouchleau, a maintenance plumbing irrigation specialist in the Parks Division, spoke regarding the budget crisis and the irony of decisions made by the Council to layoff employees, yet vote in the same session to purchase $25,000 worth of exercise equipment for a park; particularly since the plumbing department in the Parks Division has been trying to get a new tractor for ten years. He stated that a laid off employee is another foreclosure, another defaulted loan, and possibly another hardworking, law-abiding citizen moving to another community to live where he will pay taxes into their coffers. Bridgette Washington, representative for General Unit employees, stated that she had some concerns because one of the classifications that risks being laid off from the City is one that they have not met and conferred upon with the City Manager's office. She stated that they have met and discussed the impact of the layoffs, but not specifically to have services contracted out-specifically for the two electricians that stand to lose their jobs. She requested a meet and confer that would allow them an opportunity to fully engage in a conversation about the impact if services were contracted out. City Attorney Penman asked Ms. Washington if the two positions they did not meet and confer on were the two electricians. Ms. Washington answered in the affirmative. She stated that one of the line items has been to bring in contractors, and to lay the two employees off. She stated that if the two employees are laid off, that would leave that department with no one to perform those duties. So, contracting out at that time, in her opinion, would kind of compromise the spirit of the meet and confer process. Acting City Manager Sassoon advised that they have met and conferred over the full list of positions that are impacted with the layoffs. What they are talking about now is the meet and confer prior to the fina1 decision to contract out; and a meeting will take place with Ms. Washington before a recommendation is made to contract out. Council Member/Commissioner McCammack asked Ms. Sassoon whether the work these two electrician positions were doing had been contracted out yet. Ms. Sassoon replied that the City has an existing contract that the Council approved back in the summer to provide some of these services, so there is going to be a transition time here. Also, they have the signal electricians, so they have access to another pool of electricians who can be called upon during this interim period. 11 09/15/2008 Mayor/Chairman Morris thanked Ms. Washington and confIrmed that she would be meeting with the Acting City Manager in her office on the issue of the contracting out. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated September 11, 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 unanimonsly. 9. RES. 2008-363 - Resolution of the Mayor and Common Council of the City of San Bernardino re-authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2008/2009. City Attorney Penman stated that his office did not sign this item because there may be some provisions that result in an inconsistency or conflict with the City Charter. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-363 was adopted unanimously. 10. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Memorandum of Understanding with the City of Redlands to exchange hearing officer and/or admini~rative law officer services. Acting City Manager Sassoon stated that based on some feedback she had on this item she would like to look at other options; therefore, staff was recommending that the matter be tabled. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried unanimously. 11. Resolution of the Mayor and Common Council of the City of San Bernardino approving the lease agreement by and between the City of San Bernardino, the County of San Bernardino, and the High Desert Partnership in Academic Excellence Foundation, Inc., for property located at 503 East Central Avenue, San Bernardino, CA. Note: No resolution was distributed with the backup materials. 12 09/15/2008 City Attorney Penman requested a two-week continuance on this matter. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commissioner meeting of October 6,2008. Tbe motion carried unanimously. 12. Item deleted 13. ORD. MC-l284 - Ordinance of the City of San Bernardino amending Chapter 2.19 of Tide 2 of the San Bernardino Municipal Code establishing a Youth Advisory Commission. FINAL READING (Continued from September 2, 2(08) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-I284 was adopted unanimously. 14. RES. 2008-364 - Resolution of the City of San Bernardino authorizing execution of a First Amendment to Services Agreement with Los Padrinos, Youth Services, Inc., extending the agreement for ninety (90) days. Several of the Council Members/Commissioners expressed concerns with the current graffiti removal program and the services provided by Los Padrinos. Acting City Manager Sassoon pointed out that this action would extend the current contract for 90 days, allowing staff time to address the concerns of the Council. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-364 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: Kelley. Absent: None. 15. RES. 2008-365 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the Diploma Bound Initiative which supports policies and programs that decrease high school dropout rates and mitigates the impact of dropouts on the region. Council Member/Commissioner McCammack stated that she did not think the City Charter gave the Council the purview over these kinds of issues-that these responsibilities and tasks belong to the Board of Education. Also, she did not think we should be spending any money on these programs in light of the current budget situation. 13 09/15/2008 Council Member/Commissioner Brinker advised that this resolution did not have any dollars attached to it, and it is not the intent to come to the City at this time and ask for money. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 200S-365 was adopted unanimonsly. 16. Authorization to Proceed and Approval of Plan No. 12528 - Proposed vacation of a portion of Kendall Drive (formerly State Highway 206) east of "H" Street Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Director of Development Services and the City Clerk be authorized to proceed with the proposed vacation of a portion of Kendall Drive (formerly State Highway 206) east of "H" Street; and that Plan No. 12528 showing the proposed vacation of a portion of Kendall Drive (formerly State Highway 206) east of "H" Street, be approved. The motion carried unanimously. 17. Authorize the Director of Finance to amend Purchase Order No. 301959 and authorize the Director of Development Services to execute Contract Change Order No. One with Weka, Inc. for sewer related improvements (SWOS-OS), per Project Plan No. 12350. Council Member/Commissioner Estrada 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 Weka, Inc. for sewer related improvements (SW08-08), per Project Plan No. 12350. The motion carried unanimonsly. 18. RES. 2008-366 - Resolution of the City of San Bernardino authorizing execution of a cooperative agreement with the City of Colton for maintenance of a grade separation on Hunts Lane at the Union Pacific Railroad (SS04-51). Council Member/Commissioner Brinker stated he would abstain on this item because he resides within 500 feet of the project. He left the dais 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. 2008-366 was adopted. Ayes: Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Brinker. Absent: None. 14 09/15/2008 19. Resolution of Intention: Vacation of a portion of "H" Street, between Huff Street and College Drive & Resolution repealing Resolution No. 2OOS-112 RES. 2OOS-367 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of "H" Street, between Huff Street and College Drive and reserving utility easements therein and an easement for emergency vehicle access. (19A) RES. 2OOS-368 - Resolntion of the City of San Bernardino repealing Resolution No. 2008-112 adopted by the Mayor and Common Council of the City of San Bernardino on April 7, 2OOS, approving the vacation of a portion of Crescent Avenue between Huff Street and College Drive. (19B) Council Member/Commissioner McCammack stated that she would like to make sure that every business around this vacation has been contacted in order to know whether or not they have a problem with this action. She expressed concern that after vacating the street, that it should be sold to the applicant at full, fair market value; because in essence if they don't sell it at full, market value they will be giving away freeway frontage property. Kevin Furr, Branch Manager for Graybar Electric Company, 655 South "H" Street, San Bernardino, CA, expressed opposition, stating that he had just learned about this on Friday and did not know the details until about an hour ago. He stated that his company has been at this location for over 50 years, and basically this action wonld take away two of the three entrances into his business, which would severely impact the business. He asked for time to evaluate the changes. Acting City Manager Sassoon advised that the action before the Council tonight was to initiate the process of vacating a portion of "H" Street, and they were setting a public hearing for October 20. She stated that during the coming month she was sure staff would be in touch with him to talk about and work through his issues and concerns prior to taking any action. Council Member/Commissioner McCammack stated she was very concerned about this-that "H" Street where this vacation is requested, will basically cut off the road that parallels the freeway and the ability to get between the Inland Center off-ramp and the Mill Street off-ramp. She stated that if there is any kind of a detour at any point in the future, what this will cause people to do is cut, make a right, make a left, and make a left again, to get to the freeway; and what you end up doing is causing a lot more traffic around the back end of that business. She noted that this business has already illegally installed speed bumps on "H" Street and on Crescent. 15 09/15/2008 Valerie Ross, Director of Development Services, stated that Caltrans will cul- de-sac "H" Street just south of Mill Street through the freeway widening project, so there will not be direct access as we know it today. She stated that Crescent will still connect to Mill Street, and whether a person takes Huff Street over, which will access the building on the north side of Huff Street, or takes Crescent Avenue south to College, that wonld all access Graybar. So the access is being modified through the freeway widening project. Ms. Ross also advised that the speed bumps had been removed the previous Friday afternoon. City Attorney Penman questioned whether Mr. Furr had accurate information, because according to the diagram in the backup materials, "H" Street is going to be vacated only from the south side of Huff Street to the north side of College- and he thought Mr. Furr's business was south of College on "H". Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A and B, be adopted. Resolution Nos. 2008-367 and 2008-368 were adopted. Ayes: Estrada, Baxter, Derry, Kelley, Johnson. Nays: McCammack. Absent: Brinker. 20. RES. 2008-369 - Resolution of the City of San Bernardino approving Amendment No. 2 to Agreement for Professional Services with Transtech Engineers, Inc. to provide program management services for the Santa Fe Depot Parking Structure Project (GB04-19). Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-369 was adopted lIuanimonsly with Brinker absent. 21. RES. 2008-358 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of an annual purchase order to Advanced Data Processing, Inc. (ADPI) for First Responder, Paramedic, and Membership Program Fees. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-358 was adopted IInanimonsly. 22. ORD. MC-I285 - 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 Bernardino and the Board of Ailmini!<tration of the California Public Employees' Retirement System. FINAL READING (Continued from July 21,2008) 16 09/15/2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1285 was adopted unanimonsly. 23. Establish salaries for Police Department Ranges P-l, P-2, P-3 & Law Enforcement Trainee, effective August 1, 2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the salaries for Police Department Ranges P-l (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee be established effective August 1, 2008; that Human Resources be authorized to amend Resolution No. 6429 to reflect the above action; and that the Director of Finance be authorized to amend the FY 2008- 2009 Budget by increasing the Police Department General Fund budget for Charter 186 costs by transferring $1,948,700 from the General Government budget, Account No. 001-092-5011, and also make the appropriate adjustments to the various Police grants, as allowed by the grants, for the Charter 186 costs. The motion carried unanimonsly. 24. RES. 2008-359 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Acting City Manager to execute a services agreement with Alliance Resource Consulting to conduct recruitment for the position of City Manager. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-359 was adopted lmanimonsly. 25. RES. 2008-370 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the Sinfonia Mexicana for the promotion of arts and culture. Donn Dimichele, Deputy City Attorney, submitted a memo dated September 15, 2008, addressed to the Mayor and Common Council regarding September 15, 2008 Meeting Agenda Item No. 25. City Attorney Penman advised that to be in conformance with the City Charter the following changes should be made to the contract and staff report by inter lineations: . Page 1 of the contract, lines 13-15, omit langnage that says, "A copy of said proposal is on file in the Mayor's Office of Cultural Affairs. The terms of the proposal are incorporated herein by reference and shall govern the uses of the funds provided herein. " 17 09/15/2008 . Page 1 of the contract, lines 21 V2-22 , change "Upon presentation of a claim to the Mayor's Offic~, . . ." to "Upon presentation of a claim to the City Manager, . . ." . Page 2 of the contract, lines 7%-8, change". . . submit to the Mayor's Office, . . ." to ". . . submit to the City Manager, . . ." . First page of the staff report, second paragraph under Bacqround: the last sentence should be changed to read: "The balance of the grant agreements will be handled administratively through the City Manager's Office. " Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted, with corrections made by interlineations to the staff report and to the contract as explained by City Attorney Penman. Resolution No. 2008-370 was adopted. Ayes: Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Brinker. 26. RES. 2008-360 - Resolution of the City of San Bernardino ratifying the submittal of a grant application to the Corporation for National and Community Service for the Retired Senior Volunteer Program (RSVP) and accepting the proposal amount of $57,415 for the period of October 1, 2008 through September 30,2009. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-360 was adopted unanimously. 27. RES. 2008-361 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a 3-year agreement with the County of San Bernardino Sheriff's Department to provide user access into the National and California Law Enforcement Telecommunications Systems (NLETS/CLETS) and the Sheriff's Central Name Index (CNI). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-361 was adopted unanimously. 28. Item deleted 29. RES. 2008-362 - Resolution of the City of San Bernardino authorizing the execution of an agreement for the San Bernardino Police Department to participate as a member of the United States Department of Justice Drug Enforcement Admini!ltration (DEA) Task Force. 18 09/15/2008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-362 was adopted unanimously. 30. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a new agreement and issuance of an annual purchase order in the amount of $395,990 with four (4) one-year extensions at the City's option between the City of San Bernardino and "Y" Tire Sales for new and recapped tires, tubes and related repair services for City vehicles and equipment, to be utilized by the Fleet Division. Due to questions regarding the purchase order and questions as to why the 12 local vendors did not bid on this item, it was suggested that the matter be continued to the next meeting. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of October 6, 2008. The motion carried unanimously with Brinker absent. 31. Establishment of position of Admini~rative Analyst I in the City Attorney's Office to admini~er the Admini~trative Civil Penalties Program Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack that the position of Administrative Analyst I, Range 4450, $4, 188-$5,09l1Month, in the City Attorney's Office be established; that the Human Resources Department be directed to update Resolution 97-244, to reflect this action; and that the Director of Finance be authorized to amend the City Attorney's Office FY 2008-09 adopted budget by transferring $56,690 from Account No. 001-092-5XXX (General Government UureservedlUndesignated) fund balance to Account No. 001-051-5XXX (Salaries/Perm/Full-Time). The motion carried unanimously with Brinker absent. 32. Modifications to the FY 2008-09 Budget regarding the Police and Public Services Departments Mike Yandell, President of the General Unit, spoke in support of the item, which would reinstate five (5) of the non-sworn Police Department positions that were originally slated to be cut. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, spoke in opposition to Operation Phoenix. 19 09/15/2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Finance be authorized to amend the FY 2008-2009 adopted budget to delete funding for 6 vacant sworn positions and instead reallocate Measure Z funding for the reinstatement of five (5) non-sworn Police Department positions as outlined in the staff report dated September 11, 2008, from Lori Sassoon, Acting City Manager; and that the Finance Department be authorized to include these budget changes in the Final FY 2008-2009 Budget document. The motion carried. Ayes: Estrada, Baxter, Ketley, Johnson, McCammack. Nays: Derry. Absent: Brinker. 33. Set public hearing for November 17, 2008 at 4:00 p.m. in the Council Chambers to consider rate adjnstments for Integrated Waste Division customers and cnstomers of franchised haulers Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council set a public hearing for November 17, 2008 at 4:00 p.m.; and that the required notifications be authorized. The motion carried unanimously with Brinker absent. 34. Set public hearing for November 17, 2008 at 4:00 p.m. for review of Sewer Rate Study 2008 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council set a public hearing for November 17, 2008 at 4:00 p.m. for review of Sewer Rate Study 2008. The motion carried nnllnimonsly with Brinker absent. 35. Request for fee waiver - Rockabilly66 car show - September 20, 2008 at Nunez Park Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the request for waiver of fees from Sigma Beta Xi, Inc., in connection with Wyatt's Paint and Body, for personnel and equipment costs in the amount of $4,105 associated with the conduct of their 2008 Rockabilly66 car show, to be held at Nunez Park on September 20, 2008, be approved. The motion carried unanimously with Brinker absent. 36. Public Hearing - Urgency Ordinance extending a temporary moratorium on the establishment and operation of new parolee/probationer group homes, registered sex offender group homes and unlicensed group homes 20 09/1512008 ORD. MC-I286 - 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. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said urgency ordiuance be adopted. Ordinance No. MC-I286 was adopted unanimously with Brinker absent. 37. Public Hearing - Resolution authorizing the execution of a Right of Way Contract with Caltrans and the execution of a Grant Deed relative to the sale of City property located at the northwest comer of Base Line Street and "H" Street to Caltrans (APN 0145-221-09) Resolution of the City of San Bernardino directing and authorizing the execution of a right of way contract with the State of California, Department of Transportation, and the execution of a Grant Deed for the sale of City owned real property located at the northwest comer of Base Line Street and "H" Street in the City of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of October 6, 2008. The motion carried unanimously with Brinker absent. 38. RES. 2008-371 - 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 nse of Meadowbrook Park and the Rudy C. Hernandez Recreation Center. (Continued from September 2, 2008) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-371 was adopted unanimously with Brinker absent. 21 09/15/2008 39. 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. (Continued from September 2, 2008) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. No vote was taken. It was noted that there were still some corrections that needed to be made to the contract and exhibit. Council Member/Commissioner Baxter made a substitute motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of October 6, 2008. The motion carried unanimously with Brinker absent. 40. 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. (Continued from September 2,2(08) Council Member/Commissioner Estrada asked Council Member/Commissioner McCammack to place this item on a future Ways and Means Committee agenda. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried unanimously with Brinker absent. 41. RES. 2008-372 - 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 $138,900 with three (3) one-year extensions at the City's option between the City of San Bernardino and Tree Elements Incorporated for tree-trimming services throughout the City of San Bernardino. (Continued from September 2, 2008) Acting City Manager Sassoon advised that staff had been unable to identify any additional revenues to augment this contract. 22 09/15/2008 ~ Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-372 was adopted unanimously with Brinker absent. 42. An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 9.90.010.A.I0 of Chapter 9.90 regarding authority for security guards to arrest and issue citations at the former Norton Air Force Base property now owned and operated by the Inland Valley Development Agency. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried unanimously with Brinker absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Clerk Clark. Absent: Council Member/Commissioner Brinker. R43. 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 1) an Assignment of the 1996 Multi-Plex Theater Lease from CinemaStar Luxury Theaters, Inc., to Maya Cinemas and 2) an Amendment No. 3 to the Multi-Plex Theater Lease (Central City North Redevelopment Project Area). (Continued from September 2, 2008) Note: No backup materials were distributed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be tabled. The motion carried unanimously with Brinker absent. R44. RES. CDC/2oo8-36 - 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 Supplemental Agreement to the 2007 Property Owner Participation Agreement by and between the Agency and Inland Behavioral and Health Services, Inc. (Central City North Redevelopment Project Area) 23 09/15/2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2oo8-36 was adopted IInanimonsly with Brinker absent. R45. Request authority to initiate Redevelopment Activities for the 5'" Street and Meridian Avenue Project (Mt. Vernon Corridor Redevelopment Project Area) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Community Development Commission of the City of San Bernardino direct Agency Staff to proceed with the preliminary undertaking of Phase I of the Meridian Project as outlined in the Staff Report. The motion carried unAnimously with Brinker absent. R46. Item deleted R47. Approval of Funding for additional national touring performances at the California Theatre (2008/2009 Enhanced Theatre Season - California Theatre of the Performing Arts) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Community Development Commission authorize the Interim Executive Director to enter into contracts for an expenditure not to exceed $2.4 million to facilitate four additional National Touring Broadway Productions and nine additional Musical Concerts at the California Theatre. The motion carried unanimously with Brinker absent. PLANNING 48. 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 September 2,2(08) Terri Rahhal, Deputy Director/City Planner, stated that this item was continued from the last meeting on September 2, 2008. She stated that after discussion of the item at two different Council meetings, submittal of staff reports and additional information, after all the testimony was received, and based on the discussions of the Mayor and Council at previous meetings, findings had been prepared that represent the findings of this Council for the Council's review and approval. 24 09/15/2008 Henry Empefio, Senior Deputy City Attorney, explained that staff had distributed to the Council the proposed findings that the Council had directed them to prepare; and they recommended that the Council members take a few minutes to read through those findings. He advised the Council that staff had faxed the fmdings to Roger Diamond's office. He added that at the last meeting of the Council on September 2, the Council continued the meeting to this time certain at 4:30 p.m. today, September 15, and Mr. Diamond was present at the last Council meeting and was given personal notice and waived any further notice to be here today at this meeting; however, he didn't see him present at the Council meeting. Mayor/Chairman Morris inquired if Mr. Diamond or a representative of Mr. Diamond or Manta Management was in the audience and there was no response. John Wilson, Senior Assistant City Attorney, asked that the record reflect that the Senior Assistant City Attorney sat during the hearing in place of the City Attorney. At this time the Mayor and Council took a few minutes to review the findings distributed by the City Attorney's office. Council Member/Commissioner McCammack asked whether Manta Management could have reopened the Flesh Club as of the expiration date of the judge's closure; and Mr. Empefio stated that, "yes, there was nothing stopping Manta Management from reopening the business as they had performed the business prior to the judge's closure order, which he believed expired on Jnly 15." Ms. McCammack asked, "Nothing we did precluded them from opening?" Mr. Empefio replied, "That is correct. " Ms. McCammack asked, "Have they, to your knowledge, up to this point, subsequent to the withdrawal of their first application, applied again with the ABC for any other type of an ABC license?" Ms. Rahhal stated that to her knowledge they had not. She stated that the last communication staff had with the Department of ABC was two weeks ago, and they had not filed any application. She added that if they had filed an application, she did believe that the City would be notified; and staff had received no notification. 25 09/15/2008 - -".'" Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Conditional Use Permit (CUP) No. 08-03, and re-determine that the public convenience or necessity would not be served by the issuance by the California Department of Alcoholic Beverage Control (ABC) of a new Type 48 ABC license at 100 West Hospitality Lane, based on the documents and testimony presented to the Mayor and Council and adoption of the findings supporting this motion. The motion carried unanimQnsly. 49. Public Comments Betty Jean Long, P.O. Box 1098, San Bernardino, CA, asked what happened to the money designated for a homeless shelter during Mayor Valles' tenure in office. Bridgette Washington, representative for the General Unit employees, stated that in light of the layoffs, those employees remaining in positions are now having to do more with less; and she asked the Council to listen with open ears to their concerns. Robert Smith, President of the Rialto Police Benefit Association, 1436 N. Ayala, Unit H, Rialto, CA, urged the Council to sit down with the Police Officers' Association and work things out. He stated that when the City of Rialto had similar problems, it wasn't until someone was brought in from the outside that they were able to resolve the problems. Demetrins Sims, 1165 E. Lee Street, San Bernardino, CA, commended Mr. Baude and Code Enforcement staff, but stated that it seemed like their hands were tied in certain situations. Carol Dounelly, 985 Kendall Drive, San Bernardino, CA, stated that law enforcement was a top priority for her, that we need to back our Police Department, and that Measure Z money is not going for law enforcement as the voters thought it would. Roxanne Velasco, General Unit employee, 710 North "D" Street, San Bernardino, CA, spoke regarding the budget situation and its effect on the General Unit employees, stating that they deserve better and it is unfair for them to be laid off. 26 09/15/2008 _~W' ,~. Rich Lawhead, President of the San Bernardino City Police Officers' Association, 1299 North "E" Street, San Bernardino, CA, spoke regarding the "no confidence" vote in the Police Chief, stating that there is an immediate necessity for outside intervention and control, and they have recommended a model that conld be used in addressing the matter to benefit all involved parties. Lewis Whilden, 3821 York Blvd., Los Angeles, CA, member of the La Rouche Political Action Committee, spoke regarding the crash of the fInancial system that is currently occurring in this country, which he claims wonld not have happened if La Rouche's Homeowners and Bank Protection Act was adopted by the federal congress last year. He stated they would like to have meetings with the Mayor and Common Council and recruit them into a fight with the federal congress. Joe Elkins, 3821 York Blvd., Los Angeles, CA, continued the comments of Mr. Whilden, stating that he has been involved in the exact same fight for the past year, lobbying in congress to freeze foreclosures nationally, which has not been done. Mike Yandell, President of the General Unit, 710 North "D" Street, San Bernardino, CA, thanked the Council for bringing the six positions back, but stated that they would like to bring back the other 14-that losing them will create a great impact on the City. He noted that no sworn officers were cut. He added that he conducted a telephone poll of 114 non-sworn personnel from the Police Department and 106 stated they had no confidence in the police chief. 50. Adjournment At 9:20 p.m. the meeting adjourned to 5:30 p.m., Wednesday, September 17, 2008, in the Economic Development Agency Executive Conference Room. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, October 6, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk BY:~~ W- Linda E. Hartzel Deputy City Clerk 27 09/15/2008