HomeMy WebLinkAbout06-Council Minutesrr
CITY OF SAN BERNARDINO
300 N. "D "Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Petrick J. Morris
Council Members.
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCantmack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 2, 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 1:41 p.m., Tuesday, September 2, 2008, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Derry, Kelley, Johnson, McCammack; City Attorney Penman,
City Manager Wilson, City Clerk Clark.
Absent: Council Member/Commissioner Brinker.
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 al. v. City of San Bernardino et aL - United
States District Court Case No. EDCV 07-01027SGL (Opx);
1 09/02/2008
San Bernardino City Professional Firefi
San Bernardino Fire De
Superior Court Case No. CIVSS 807685;
Local 891 v. City of Sau
et al. - San Bernardino
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. CIVSS 708367;
Barbara Enriquez v. City of San Bernardino - San Bernardino Superior
Court Case No. CIVSS 709187;
et al. - San Bernardino Superior Court Case No. CIVSS
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
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
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 09/02/2008
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 of the City of San
Bernardino, on behalf of the City of San
Bernardino, and Keith Williams on behalf of
Caltrans
Under Negotiation: Purchase price, terms and conditions for
acquisition by Caltrans
Central City South Redevelopment Project Area
2. Property Address: 225 Orange Show Lane, San Bernardino
Negotiating Parties: Don Gee, Deputy Director of the
Redevelopment Agency of the City of San
Bernardino, 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
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Under Agenda Item No. IA, existing litigation:
- United States District Court Case Nos. CV 96-
8867 and CV 96-5205;
Under Agenda Item No. 1B, significant exposure to litigation:
Request by MWD for a temporary hauling permit;
Agenda Item No. 20 - Fire Station remodel;
Agenda Item No. 43 - Manta Management;
Agenda Item No. 44 - Mt. Vernon Bridge.
3 09/02/2008
Closed Session Announcement
City Clerk Clark announced that in closed session a motion was made by Council
Member Derry, seconded by Council Member Johnson, and unanimously
approved, that a subpoena be issued for personal appearance and business
records, books, papers and other documents.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor Morris extended condolences to the family and requested a moment of silence in
memory of Joseph and Frances Rios.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Kevin Webb, Pastor of Crossroads Christian
Fellowship. The pledge of allegiance was led by Bill Crawley, a student at Anderson
School.
2. Appointments
There were no commission appointments.
3. Presentations
Mayor Morris presented a resolution of commendation to City Manager Fred
Wilson in appreciation of his 21 years of dedicated service to the City of San
Bernardino and congratulated him on his new position of City Administrator for
the City of Huntington Beach, California.
Council Member/Commissioner Kelley presented a certificate of recognition to
representatives of the American Youth Soccer Organization (AYSO) Region 130,
on the occasion of their 30' anniversary.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community and chamber events and activities.
4 09/02/2008
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
unanimously with Brinker absent.
6. Council Minutes
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: July 16,
2008; July 21, 2008; August 4, 2008; and August 6, 2008. The motion
carried unanimously with Brinker absent.
7. Claims & Payroll
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated August 27, 2008 from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously with Brinker absent.
8. Personnel Actions
Council Member/Commissioner MCCammark made a motion, seconded by
Council Member/Commissioner Baxter, that the personnel actions, as submitted
by the Interim Chief Examiner, dated August 27, 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, as amended, continuing
Item No. 1 on the Unclassified Personnel Action List dated 9/2/08, regarding
Brian Boom of the Police Department, for two weeks to September 15, 2008.
The motion carried. Ayes: Estrada, Baxter, Kelley, Johnson, McCammack.
Nays: Derry. Absent: Brinker.
9. RES. 2008-338 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a professional services
agreement between Arias & Lockwood and the City of San Bernardino for
legal services in the case of Zakyia Watson, et al. v. City of San Bernardino, et
at., San Bernardino Superior Court Case No. CIVSS 807970.
5 09/02/2008
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-338 was adopted unanimously with Brinker absent.
10. Designation of Voting Delegate for the League of California Cities Annual
Conference to be held September 24-27, 2008 in Long Beach, California
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that Council Member Derry be designated as
the City of San Bernardino's voting delegate for the League of California Cities
Annual Conference to be held September 24-27, 2008 in Long Beach, California.
The motion carried unanimously with Brinker absent.
11. RES. 2008-339 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Master Services
Agreement by and between the Inland Valley Development Agency and the
City of San Bernardino for provision of City services for Fiscal Year
2008/2009.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-339 was adopted unanimously with Brinker absent.
12. RES. 2008-340 Resolution of the Mayor and Common Council of the City
of San Bernardino to ratify the City Manager's execution of Amendment No.
1 to the existing License and Indemnification 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.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-340 was adopted unanimously with Brinker absent.
13. RES. 2008-350 - Resolution of the City of San Bernardino authorizing the
execution of two (2) agreements and issuance of purchase orders with three
(3) one-year extensions at the City's option to Larry Jacinto Farming and
Scott Tractor Service relating to discing and mowing of vacant properties for
weed abatement services.
Joe Ortiz, 387 W. 25'" Street, San Bernardino, CA, stated that the money being
allocated was a small amount to properly maintain all the vacant sites in the City.
6 09/02/2008
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-350 was adopted unanimously with Brinker absent.
14. Deferral of Regional Circulation Development Impact Fee
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council defer the
Regional Circulation System Fee update until SANBAG adopts the updated
Development Mitigation Nexus Study. The motion carried unanimously with
Brinker absent.
15. Item deleted
16. Resolutions approving Project Baseline Agreement No. C09021 with
SANBAG and Funding Agreement with the San Bernardino County
Transportation Authority for a Grade Separation at Palm Avenue over the
BNSF Railroad (CIP Project No. SSO4-53)
RES. 2008-351 - Resolution of the City of San Bernardino approving project
Baseline agreement for Palm AvenueBNSF grade separation with the
California Transportation Commission (CTC), the California Department of
Transportation (CALTRANS) and the San Bernardino Associated
Governments (SANBAG). (16A)
RES. 2008-352 - Resolution of the City of San Bernardino approving funding
agreement for Palm AvenueBNSF grade separation with the San Bernardino
County Transportation Authority. (16B)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A and B be adopted; and
that the Director of Finance be authorized to amend the FY 2008/09 budget to
transfer $250,000 from the Regional Traffic Circulation Fee Fund (264) to CIP
Project No. SSO4-53 (Account No. 264-183-0000-7325). The motion carried
and Resolution Nos. 2008-351 and 2008-352 were adopted unanimously with
Brinker absent.
17. RES. 2008-341 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the final map for Tract Map No. 16595, located
on the west side of Eureka Avenue between Chestnut Avenue and Oak Street
in the RS, Residential Suburban Land Use District, 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.
7 09/02/2008
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-341 was adopted unanimously with Brinker absent.
18. RES. 2008-342 - Resolution of the City of San Bernardino terminating
Landscape Maintenance Assessment District No. 1065, 48' Street and Little
Mountain Drive area, and releasing of liens.
City Attorney Penman abstained on this item because his wife is a member of the
San Bernardino City Unified School District Board of Trustees.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-342 was adopted unanimously with Brinker absent.
19. RES. 2008-343 - Resolution of the City of San Bernardino establishing right
of way boundaries for public right of way purposes for Orange Show Road
across City owned property located between the Gage Canal and Tippecanoe
Avenue.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-343 was adopted unanimously with Brinker absent.
20. Authorization for the Fire Chief to proceed with the remodel of Fire Station
224 and approve a budget amendment for the project
Joe Ortiz, 387 W. 25' Street, San Bernardino, CA, stated that this fire station is
a constant target of taggers who have no respect for any property.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the Fire Chief be authorized to proceed with
the remodel of Fire Station 224; and that the Director of Finance be authorized to
appropriate $183,100 from Fire Development Impact Fee Funds in FY 2008/09 to
appropriate accounts, in accordance with the staff report dated August 19, 2008
from Michael J. Conrad, Fire Chief. The motion carried unanimously with
Brinker absent.
21. RES. 2008-344 - Resolution of the City of San Bernardino establishing a fair
market value and sales price of $1,430,000 and declaring the intention of the
City to sell City owned property located at the northwest corner of Base Line
Street and "H" Street to the State of California Department of
Transportation relative to the widening of the I-215 freeway and setting a
public hearing for September 15, 2008 at 4:00 p.m., to consider said sale.
8 09/02/2008
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to proceed with the sale of City owned real property located at the
northwest comer of Base Line Street and "H" Street (APN 0145-221-09); that
said resolution be adopted; and that the Director of Finance be authorized to
amend the FY 2008/09 budget to add $630,000 into revenue Account No. 001-
000-4926 and then to increase the General Fund reserve by $630,000. The
motion carried and Resolution No. 2008-344 was adopted unanimously with
Brinker absent.
22. RES. 2008-353 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an agreement with the American Institutes for
Research (AIR) for the strategic planning and facilitation of The Pre-K
Promise planning project, the preschool for all planning effort funded by the
David and Lucille Packard Foundation.
Council Member/Commissioner McCammack stated that the Council never got a
chance to accept the grant as a body, nor did they get a chance to talk about the
Request For Proposal looking for a consultant to manage this grant. She
recommended that this item be referred back to the Grants Committee for further
discussion.
A motion made by Council Member/Commissioner McCammack, seconded by
Council Member/Commissioner Estrada, to refer the matter back to the Grants
Ad Hoc Committee resulted in a tie vote. Ayes: Estrada, Johnson,
McCammack. Nays: Baxter, Derry, Kelley. Mayor Morris broke the tie
with a "no" vote, and the motion failed.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
2008-353 was adopted. Ayes: Baxter, Derry, Kelley, Johnson. Nays:
Estrada. Abstentions: McCammack. Absent: Brinker.
23. RES. 2008-345 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
3 to contract 05/06-747-0056 RD for the Creative Before and After School
Program for Success (CAPS) with the San Bernardino City Unified School
District for Fiscal Year 2008/09.
City Attorney Penman abstained on this item because his wife is a member of the
San Bernardino City Unified School District Board of Trustees.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-345 was adopted unanimously with Brinker absent.
9 09/02/2008
24. RES. 2008-346 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
18 to the agreement between the City and Casa Ramona, Inc. relating to the
operation of a drop -in center located at 1524 West r Street, San
Bernardino, California, to extend the term of the agreement for an additional
one year period and ratifying all action taken between July 1, 2008 and the
approval of the resolution.
Council Member/Commissioner Estrada abstained on this item as Casa Ramona is
her employer.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-346 was adopted. Ayes: Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Abstentions: Estrada. Absent: Brinker.
25. RES. 2008-347 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing tow carrier franchise fees and amending
Resolutions 1999-86 and 2005-286, amending City's agreements for tow
services with six tow carriers and authorizing the execution of amendments to
agreements for tow services with six tow carriers.
Council Member/Commissioner McCammack abstained on this item as one of the
tow carriers involved in this matter is a business client.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-347 was adopted. Ayes: Estrada, Baxter, Derry, Kelley, Johnson.
Nays: None. Abstentions: McCammack. Absent: Brinker.
26. RES. 2008-348 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing Amendment No. 1 to the Vendor Service
Agreement with Pavement Recycling Systems Incorporated for cold planing
services, labor and equipment rental for City street repairs and authorizing
exercise of the second year option and issuance of a purchase order in the
amount of $460,494.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-348 was adopted unanimously with Brinker absent.
10 09/02/2008
27. 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.
Council Member/Commissioner McCammack stated that this contract would
reduce the City's tree -trimming budget by two-thirds. She requested that this
item be continued in order to find a way to make sure these services do not get
cut from the budget.
Joe Ortiz, 387 W. 25" Street, San Bernardino, CA, spoke about the tree
trimming budget.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of September 15, 2008. The motion carried
unanimously with Brinker absent.
28. RES. 2008-349 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment and issuance
of a contract purchase order in the amount of $90,730 by exercising its first
year option with Smithson Electric Incorporated for loop replacement
services, labor, and materials utilized by the Public Services Department.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-349 was adopted unanimously with Brinker absent.
29. RES. 2008-354 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order in the amount of $2,523,180 with three (3) one-year extensions at the
City's option between the City of San Bernardino and Matich Corporation
for street paving services utilized by the Public Services Department.
City Attorney Penman abstained on this item because he has received campaign
donations from the Matich Corporation.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. The motion
carried unanimously with Brinker absent.
30. Item deleted
11 09/02/2008
31. Initiation of a Development Code Amendment related to Single -Price
Overstock/Discount Stores
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that Planning staff be directed to initiate an
amendment to the Development Code to modify the provisions to allow
consideration of single -price overstock/discount stores. The motion carried.
Ayes: Estrada, Baxter, Derry, Kelley, Johnson. Nays: McCammack.
Absent: Brinker.
32. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San
Bernardino Municipal Code regarding scrap metal recycling. FIRST
READING (Continued from August 4, 2008)
Note: No backup material was distributed.
Staff requested that this item be continued for one month.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of October 6, 2008. The motion carried unanimously
with Brinker absent.
33. 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. FIRST READING (Continued from August 18, 2008)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be laid over for final
adoption. The motion carried unanimously with Brinker absent.
34. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Facility Use Agreement by and
between the American Sports University and the City of San Bernardino
allowing for the University's use of Meadowbrook Park and the Rudy C.
Hernandez Recreation Center. (Continued from August 6, 2008)
Note: No resolution was distributed.
Staff requested that this matter be continued for two weeks.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 15, 2008. The motion carried unanimously
with Brinker absent.
12 09/02/2008
35. 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 August 18, 2008)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of September 15, 2008. The motion carried unanimously
with Brinker absent.
36. RES. 2008-355 - 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 -call surveying and map checking support. (Continued from August 18,
2008)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted. Resolution No.
2008-355 was adopted unanimously with Brinker absent.
37. RES. 2008-356 - 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. (Continued from August 18,
2008)
Council Member/Commissioner McCammack stated that one of the budget items
they had talked about and originally considered was to remove staff from the
Police Department and saving $608,300 and holding vacant 12 selected non -
sworn positions: 7 Community Service Officers, 1 Dispatch Supervisor, 2
Records Technicians, 1 Rangemaster, and 1 Fleet Expediter. She suggested that
they exchange that item for the amount of money that is paid for the helicopter
and instead use the Sheriff's helicopter because her concern is that the City is
going to have less police officers on the street with the reduction in support staff.
Council Member/Commissioner McCammack stated that her second suggestion
related to the budget would be to not lay off the 3 street lighting electricians in
Public Services. She stated that she received a document that showed that the
City may be spending $133,000 more per year in contracting out some of the
traffic signal costs, so in exchange for the traffic signal and lighting contract, she
stated that she would like to not lay those employees off and maybe get some
more street lights replaced and/or repaired.
13 09/02/2008
Council Member/Commissioner Kelley asked Ms. McCammack if she would
divide that into two motions. Council Member/Commissioner McCammack
answered in the affirmative.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the helicopter be swapped for the
12 positions as listed on the document dated 8/1/2008, on page 4 of 6, under
Police, for $608,300.
Council Member/Commissioner Kelley stated that he would support that because
he believed the helicopter is a useful tool, but he agreed that they need to keep the
boots on the street.
Mayor/Chairman Morris stated that he recalled discussing with the Police Chief
his reorganization plan and the positions to be held vacant and the step down in
terms of resources did not, he said, affect boots on the street.
Ms. Sassoon clarified that the $608,300 figure that Mrs. McCammack brought up
in her motion is noted on the bottom of page 4 of Exhibit "A," attached to the
staff report dated 8/18/08, from Barbara Pachon, Finance Director.
Council Member/Commissioner McCammack stated that she was referring to the
6 positions at $653,600.
Ms. Sassoon stated that the item they were talking about was on the top of page
five of that staff report, and $653,600 is the net impact of the reorganization of
the Police Department that involves two District Administrative Sergeants, one
Chief s Executive Officer/Sergeant, three District Detectives; upgrades one
Lieutenant to Captain and one CSO II to Information Analyst I (Crime Mapper),
and also included some net savings for rent and alarm maintenance.
Ms. Sassoon clarified that the police helicopter contract is currently funded out of
the Measure Z budget, so in order to keep the swap suggested by Council
Member/Commissioner McCammack, they would need to fund these positions
out of the Measure Z fund in lieu of the helicopter contract.
Joe Ortiz, 387 W. 2511 Street, San Bernardino, CA, spoke about funding for the
Operation Phoenix Program for the current fiscal year.
14 09/02/2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the helicopter service be swapped
for the 6 positions in the Police Department that were included in the Police
Department Reorganization as shown on page 5 of Exhibit "A" of the staff report
dated 8/18/08 from Barbara Pachon, Finance Director. The motion carried.
Ayes: Estrada, Baxter, Derry, Kelley, McCammack. Nays: Johnson.
Absent: Brinker.
Council Member/Commissioner McCammack stated that regarding her second
issue and not laying off the City electricians, she recommended taking the item to
Ways and Means to discuss it and find out a little more about what these folks
really do. She stated that if there is a way to save $122,000, she would prefer to
do that.
Ms. Sassoon stated that on the second to the last page of Exhibit "A," at the top
of the page, the recommendation to outsource street lighting, for a net savings of
$122,000, would result in the elimination of 3 full-time filled positions and those
employees have received their notices. She stated that this is actually a street
lighting crew and they share a supervisor with a separate signal crew. She stated
that they eliminated some vacancies and funded that contract to do some
contractual street lighting. Ms. Sassoon stated that the contract has been in place
for a couple of months, it seems to be working well, and they are comfortable
with the recommendation.
Council Member/Commissioner Kelley noted several locations where lights are
out and some that have been reported being out for quite some time. He stated
that this has been an ongoing problem and at some point in time they have to
realize that what they have is not working.
Council Member/Commissioner McCammack stated that she was not asking that
they stop the contract with the street lighting companies. She stated that based
upon an explanation from a City employee, there are savings of about $133,000
in some of the ways the department is working its lighting issues, and not laying
off those employees who have a specific relationship to those services would
mean $147,800, and would save 3 jobs. She read the job duties of the street
lighting employees and stated that she could pretty much guarantee that it was not
part of the contractor's scope of services, which meant that most of the work
would go undone.
Ms. Sassoon stated that the City currently outsources a portion of street lighting
maintenance and this item contemplated that they would eliminate the positions
and at a future date they would contract out for street lighting services. She
stated that the new contract would be structured to incorporate all the duties that
are currently being done and that would be a future contract to be awarded by the
Council at a future date, following meet and confer, prior to the final decision.
15 09/02/2008
City Attorney Penman stated that the street lights are a big liability concern and
the City has had a number of lawsuits over the years. He stated that given the
liability factor, and given the fact that the Santa Ana winds are about to come up,
laying people off and not having all the necessary contracts in place, and not
having had a test period to see if these contract personnel can work and do the
job, is a dangerous gamble. He asked the Council to consider not laying these
people off at least until they see what type of experience they have with the
contracting firm.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the three electricians in Public
Services not be laid off until the matter is discussed further by the Ways and
Means Committee. The motion carried. Ayes: Estrada, Baxter, Kelley,
Johnson, McCammack. Nays: Derry. Absent: Brinker.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, and that said resolution be adopted. The motion
carried unanimously with Brinker absent.
38. 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 August 18, 2008)
Council Member/Commissioner McCammack abstained as Cal State is a business
client.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Council/
Commission meeting of September 15, 2008. The motion carried. Ayes:
Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Abstentions:
McCammack. Absent Brinker.
39. Issuing of Subpoenas to City Employees
Council Member/Commissioner Estrada stated that her reason for placing this
matter on the agenda was to afford an opportunity to bring staff in under
subpoena to candidly answer questions relative to the illegal activities at
Operation Phoenix and other Parks, Recreation and Community Service Centers.
She stated that the management of these centers has to be addressed and asked
why they haven't come up with a plan to set up some kind of training program
and why they haven't talked about putting up cameras at these community
centers.
16 09/02/2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, to discuss and take action on issuing
subpoenas to the following persons to appear before the City Council in Executive
Session to answer questions and provide information on the illegal activities at
Operation Phoenix and other Parks, Recreation and Community Service Centers:
1) Former Operation Phoenix Director, Glenn Baude; 2) Chief of Police, Mike
Billdt; 3) Parks, Recreation and Community Services Director, Kevin Hawkins;
4) Parks, Recreation and Community Center Staff, Curtis Brown; 5) Parks,
Recreation and Community Center Supervisor, Glenda Robinson. Note: The
vote was taken following further discussion.
Joe Ortiz, 387 W. 25'" Street, San Bernardino, CA, spoke about the Operation
Phoenix program.
Steve Filson, 1299 N. "E" Street, San Bernardino, CA, past president of the
Police Officer's Association, voiced his concerns about the departmental
executive management, a troubled organizational environment, and the apparent
atmosphere of distrust.
C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, stated that
Operation Phoenix is more than just community centers. It's a collaborative of
many state, city, county, and non-profit organizations. She noted that she
understood that Operation Phoenix itself does not make much money, but these
other organizations ARE making money. She stated that she wants to know what
grants are coming in and where the money is going.
Charles Greenwood, spoke in support of granting subpoena powers.
Mayor/Chairman Morris stated that the entire Council shares Councilwoman
Estrada's concern about the safety of our children and he is confident each and
every one of them hold that as their foremost priority in terms of the Parks and
Recreation programs, and particularly, the recreation centers. He stated that Mr.
Wilson and Ms. Sassoon had been discussing this matter with Mr. Hawkins, and
he asked Ms. Sassoon to share with the Council what they are doing by way of
bringing forward a memorandum with regard to the efforts that have been made.
In response to Councilwoman Estrada's concern, he stated that they do have
cameras at the community centers and they are monitoring the conduct of people
in and around those centers.
Assistant City Manager Sassoon stated that they have ordered the director to
provide an outline to the Council on what steps have been taken in the
department. She stated that there have been a number of initiatives by Mr.
Hawkins and his staff to address the very issues that have been raised. There are
opportunities to improve and the issue of on -going training is just one example.
17 09/02/2008
She stated that they have been working on a plan and it will be an evolving
process as they go along.
Council Member/Commissioner McCammack stated that this cannot be an
evolving process. It has to be determined that this is the right way to do it, this is
how we're going to do it, and we're not going to continue making these mistakes.
Ms. Sassoon stated that what she meant to say was that they need to learn lessons
as they go along and respond to those lessons they learn. She stated that one of
the most important things they need to do is look at best practices in the area of
Parks and Recreation. There are a number of those models out there and Mr.
Hawkins has been looking at incorporating many of those ideas that they know
are working in other communities into our operations here. She stated that they
will provide to the Council a very specific outline of what's been done to date and
what will be done in the future to address their concerns.
Ms. Sassoon stated that once they've done the analysis they will take an honest
look at how they operate and make sure they are staffing at levels and in ways
that make sense and that they have the procedures, security, and training in place.
Council Member/Commissioner Baxter stated that he wanted to get all the
information he could possibly get. He stated that he was waiting for the results of
the administrative review/investigation that is underway. He stated that this was a
very serious issue and there was a process they needed to follow.
Council Member/Commissioner McCammack stated that Councilman Brinker
sent a letter to the Council that inferred that they had hired an independent outside
agency to conduct an administrative review of the events surrounding Mike
Miller. She clarified that the Council did not hire an outside agency and in a
written response to Mr. Brinker she stated: "The Human Resources Director
suggested a human resources investigator she had previously worked with. The
City Manager then hired and currently directly supervises that investigator in an
administrative review surrounding Glenn Baude's personnel status with this City.
She stated that the investigator is currently administratively (not criminally)
reviewing what the City Manager has directed her to do (review Glen Baude's
performance) and is in no way independently investigating anything to do with the
events surrounding `the Mike Miller incident.'"
Council Member/Commissioner Estrada asked when the administrative review
would be completed.
City Attorney Penman stated that they were waiting for documents to be produced
and reviewed that are currently in the possession of the Sheriff's Department. He
stated that the earliest they were looking at was sometime in October.
18 09/02/2008
The motion made by Council Member/Commissioner McCammack, seconded
by Council Member/Commissioner Estrada, failed by the following vote:
Ayes: Estrada, McCammack. Nays: Baxter, Derry, Kelley, Johnson.
Absent: Brinker.
40. Reports regarding Operation Phoenix Expenditures
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued for two
weeks. Note: No vote was taken.
Council Member/Commissioner McCammack requested that this matter be
referred to the Ways and Means Committee to discuss the amount of money
reflected by the reports in cooperation with the year end audit of the 2007/08
budget, which may give them a better picture of other things that can be done
with that money.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Estrada, that the matter be referred to the
Ways and Means Committee as part of the discussion regarding the year end audit
of the 2007/08 City budget. The motion carried. Ayes: Estrada, Baxter,
Derry, Johnson, McCammack. Nays: Kelley. Absent: Brinker.
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Mortis; Council Members/Commissioners Estrada,
Baxter, Derry, Kelley, Johnson, McCammack; Economic Development
Agency Interim Executive Director Marzullo and Special Counsel Sabo;
City Clerk Clark.
Absent: Council Member/Commissioner Brinker.
R41. 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 1"6 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).
Note: No backup material was distributed.
19 09/02/2008
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 15, 2008. The motion carried unanimously
with Brinker and McCammack absent.
R42. RES. CDC/2008-35 — 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 an Agreement for Professional Services by
and between the Agency and Vanir Construction Management, Inc., for
engineering, design, and construction management services for a fire
suppression system at the California Theatre of the Performing Arts (Central
City North Redevelopment Project area).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. CDC/2008-35 was adopted unanimously with Brinker absent.
PLANNING
43. Public Hearing - Conditional Use Permit (CUP) No. 08-03 (Appeal No. 08-02)
- An appeal of the Planning Commission Denial of CUP No. 08-03, a request
to obtain a Type 48 Alcoholic Beverage Control (ABC) license at 100 West
Hospitality Lane (Continued from August 4, 2008)
The hearing remained open.
Terri Rahhal, Deputy Director/City Planner, stated that this item was continued
from August 4, 2008, and it is an appeal of the Planning Commission action on
June 17, 2008, to deny the Type 48 Alcoholic Beverage Control (ABC) license to
the establishment located at 100 West Hospitality Lane. In addition to the appeal
of the Planning Commission action to deny the Conditional Use Permit, the
appellant was also requesting reconsideration by the Council of its prior action on
June 16, 2008, wherein the Council determined that the Public Convenience or
Necessity (PCN) would not be served by the issuance of a Type 48 ABC license
at the subject location.
Ms. Rahhal stated that the appellant asked staff to look at all previous requests for
PCN determinations and Type 48 ABC licenses on a City-wide basis. That
information was gathered and provided to the Council in the form of a memo
dated August 29 and the information was also provided to the appellant. In
addition, staff provided records of the Council actions on the two license requests
that were noted in the memo dated August 29. She stated that there was a PCN
determination granted by the Council in 1996, and there was one other request for
a Type 48 license that was denied by the Council in 2001.
20 09/02/2008
Ms. Rahhal stated that in addition to the previous license application information,
the Council also received an update on the status of the appellant's license
applications with the Department of Alcoholic Beverage Control. The Type 48
license application filed earlier this year was withdrawn. The appellant had
indicated an interest in perhaps pursuing a Type 47 restaurant license with ABC,
but so far no application had been submitted to the State. She stated that staff's
recommendation on this item is that the Mayor and Council consider all the
information that has been provided including the additional information that was
provided this evening, and whatever other information the appellant would wish
to be considered, and, in addition to considering the appeal, that they reconsider
the PCN determination request and continue the matter to the next meeting for
adoption of findings and a final action on the appeal and the reconsideration.
Roger Jon Diamond, 2115 Main Street, Santa Monica, CA, stated that the Flesh
Club has been closed pursuant to a court order that was made last October 2007,
but under the court order it was permitted to reopen on July 15, 2008. He stated
that they believe it has been the conduct of the City and the City Council that has
precluded the business from reopening thereby causing the City to be subjected to
liability for damages in the form of lost profits and lost income since July 15.
He stated that the City Council met to determine whether the PCN should be
determined favorably in this case prior to the Planning Commission's
consideration of the application for the Conditional Use Permit (CUP). He stated
that as he pointed out in June, this was an inverted process. Ordinarily, the
Planning Commission would decide the PCN issue on the same day it would
decide the CUP issue, and if an adverse decision is made on the CUP, it is
appealed to the City Council and the City Council would then consider the PCN
issue at the same time. But for whatever reason, the City Council decided to hear
the PCN issue first, the day before the Planning Commission met. Mr. Diamond
stated that they protested at that time, and pointed out that if the Council decided
against the Flesh Club, it would be a foregone determination that the CUP would
be denied, and that is exactly what happened the following day when the Planning
Commission met. Mr. Diamond stated that they appealed that matter back to the
City, and on August 4, 2008, the Council voted to vacate the first decision of
June 16 regarding the PCN, so that issue was now back before the Council along
with the appeal of the CUP denial.
Mr. Diamond advised that on August 4 it had been stated that the application for
the ABC license had been withdrawn and the issue may be moot. On that point,
the City Council was given a memo from the City Attorney's office bringing up
the issue again that somehow the whole matter had been rendered moot because
of what happened with ABC. He stated that he didn't understand what the
relevance of the memo was unless the argument was going to be made that
everything had been rendered moot because ABC no longer had an application
pending before it.
21 09/02/2008
Mr. Diamond stated that his client, Manta Management, did apply to ABC for a
Type 48 license which triggered the requirement that they come to the City first
to get the issue of the Public Convenience or Necessity resolved so they could go
back to ABC. But it has taken so long to get the City Council to decide this case
that the seller of the ABC license to Manta Management could not wait any
longer and Manta had to relinquish that particular license and the escrow was
canceled. He stated that the memo prepared by Mr. Empeiio's office falsely
stated that his client never went through with the escrow, never deposited the
funds, never intended to pursue this with ABC. Mr. Diamond stated that on
August 4, 2008, Mr. Penman falsely told the Council that if they didn't get the
Type 48 license to operate a topless facility with alcohol, his client intended to
seek a Type 47 license to have a restaurant with topless dancing. However, Mr.
Penman told the Council that it was impossible to have a Type 47 license and also
have topless or adult entertainment. Mr. Diamond stated that he didn't
understand why Mr. Penman made that statement and he was concerned that the
Mayor and City Council were getting incorrect advice from the City Attorney.
He stated that he checked with the ABC offices in Riverside and Sacramento and
also checked with other clients who have Type 47 licenses where they sell food
and alcohol and have adult entertainment and was told that that is a perfectly
legitimate business.
In conclusion, Mr. Diamond stated that they have already filed a claim with the
City seeking damages, which is a prerequisite to filing a lawsuit against the City.
He stated that they have to go through the Government Code which requires them
to file a claim first. He indicated that they've done that and the City turned down
their claim for damages which meant that they can now go forward and sue the
City for the damage this is causing his client who is trying to open his business
which should have reopened on July 15. Mr. Diamond stated that the question
now had to do with the PCN determination, which is a finding they need from the
City in order to be able to go to ABC and have a hearing there.
On August 4, 2008, Mr. Diamond stated that they did ask staff to provide
records of the entire City with respect to PCN determinations. He stated that last
time the Council was told that the City never made this finding in favor of the
applicant in their census tract. He stated that at that time he argued that if there
were 25 ABC businesses in this tract, what was the problem in granting one
more. He stated that the argument was made that the census tract was
oversaturated, but in any event, those were all Type 47 businesses.
Mr. Diamond stated that with respect to the Gents Organization at 1462 E. Art
Townsend Drive, the City did approve a Type 48 license a couple of years ago
and did make a finding in favor of the applicant. He stated that he did know the
City had a history of granting the same certificate that they are seeking, but he
could not understand why, if the City did it once before for another applicant,
why they couldn't do it for the Flesh Club. He stated that the major argument
that was made against granting the PCN, which is a prerequisite to the Type 48
22 09/02/2008
license, was that this particular area is dominated by restaurants and adult
entertainment is not appropriate at that location because it is not zoned properly
for adult entertainment. However, Mr. Diamond stated that the judge ruled that
the zoning law in place was and still is unconstitutional thereby allowing them to
operate an adult cabaret at that location.
Mr. Diamond stated that he had just heard that the Council was being asked to
vote tonight and then continue the matter until next week for the adoption of
findings. He stated that the Council could not make its decision fast and then
make the findings because the purpose of findings is to make sure that the
conclusion that follows makes sense. He stated that if the Council wanted to
make their decision first and then make the findings later, he would object to that.
Mr. Diamond stated that he wondered why the City would make a determination
that created City liability in advance of an ABC decision unless it was for political
reasons. He urged the Council to do the right thing for the taxpayers of the City
of San Bernardino and not worry about the perception. He stated that if the
Council were to vote against it, they would just open up a restaurant there and
people could get food as well as watch the topless dancing. Mr. Diamond stated
that ABC has strict rules and regulations regarding topless dancing. He stated
that after the City denies their application and they sue the City and all the
officials involved for violating their rights, he did not want the City to argue that
they failed to exhaust their administrative remedies. Mr. Diamond stated that
they haven't sued yet because they needed two things that they now have. They
needed the denial of the claim under the Government Code, and they also needed
to come back to exhaust available administrative remedies. He stated that once
the Council votes against them tonight, they will then be able to sue the City and
also ask the taxpayers to pay their damages and attorney's fees.
Troy Neptune, General Manager of the Flesh Club, stated that they actually paid
the entire escrow fee of $29,580 on May 23. He stated that on June 10 they
received a letter from ABC letting them know that their application was going to
be withdrawn and that they had ten days to respond, which would have been on
June 20. Mr. Neptune stated that ABC escrow was canceled on July 23. On
August 28 they were informed that the seller of the license did not want to wait
any longer for the payment.
Assistant City Attorney Tasland stated that in regard to Mr. Diamond's comments
about the Type 47 restaurant license and Mr. Penman's statements relative to that
issue at the previous meeting, she did not have the exact language in front of her,
but she had a tape of the meeting she could review to determine exactly what he
said. She believed Mr. Penman stated that the Council was informed that it was
legally impossible for Manta to apply for a Type 47 with topless entertainment.
23 09/02/2008
Mayor/Chairman Morris stated that he thought what Mr. Penman said at the time
was that at least half of the income from that establishment had to come from the
sale of food.
Mr. Diamond stated that what the Business and Professions Code really says is
that it has to be a bona fide eating place. As a condition of getting a Type 47
license, the ABC has imposed the requirement that the total gross sales of food
exceed the total gross sales of alcohol on a monthly or quarterly basis. However,
that's not in the Business and Professions Code, it is a condition that the ABC
frequently attaches to licenses. He stated that he didn't know whether they would
do it in this particular case or not, but it's not a law, it's a condition that is
typically imposed.
Ms. Easland stated that in that regard, Mr. Penman's comments were that, as a
practical matter, it's difficult to get 50 percent of your gross revenue from food
when your primary entertainment is topless ladies serving drinks. It can be legal,
you can get the license from ABC, but as a practical matter it doesn't work.
Mr. Diamond stated that topless ladies do not sell alcohol. The topless dancers
are on a stage. The alcohol is sold by the bartender, not by the dancers.
Ms. Easland stated that having entertainment of topless ladies combined with the
serving of alcohol is usually where the primary source of revenue is; therefore, it
makes it very difficult to get 50 percent of your revenue from food.
Mr. Diamond stated that there are existing Type 47 licensees that do have topless
entertainment. He stated that Mr. Penman gave him the impression that he was
claiming that it could not happen, that it was a legal impossibility, or as a
practical matter, that they couldn't do it.
Senior Deputy City Attorney Empeiio stated that it was not true that the City had
prevented the Flesh Club from reopening on July 15, and with the type of nude
entertainment that they previously had, there was nothing that the City or the
court had acted upon to stop that business from reopening.
Mr. Empetio stated that in regards to the memorandum from Diane Roth to the
City Attorney dated September 2, 2008, that was provided to the Council today,
that memo reported on an investigation and conversations that City Attorney
Investigator George Guerrero had with Department of Alcoholic Beverage
Control agent Vicki Swarthout, where she informed Mr. Guerrero that Manta
Management and Split Rock, Inc., officially terminated their relationship on June
6, 2008, when Split Rock withdrew the application.
Mr. Empeiio informed the Council that it was June 16, days after the June 6
withdrawal of the application, when the Council first denied the PCN
determination for the Type 48 ABC license. He stated that in that memo Mr.
24 09/02/2008
Guerrero mentioned a specific interview he had with the owner of the Split Rock
license, Jim Depierro wherein Mr. Depierro stated that Manta never placed their
good -faith deposit into escrow and never submitted the required documents.
Lastly, Mr. Empeito pointed out to the Council that Mr. Diamond is wrong in
stating that adopting findings after a statement of decision is improper. He stated
that at this point in time the City Attorney's office did not know whether the
Mayor and Council felt the appeal should be granted, the Conditional Use Permit
approved, and the PCN found in favor of the applicant; or that the CUP, the
appeal, and the PCN determination should be denied. He stated that not until the
Mayor and Council voice their feelings individually and collectively as a Council
would they have any direction to work on a statement of findings in support of
that decision.
Mr. Diamond stated that Mr. Empet3o could only rely on hearsay in terms of his
representation regarding the condition of the escrow, whereas Mr. Neptune was
intimately involved in the process and has been interfacing with City officials and
with ABC. He stated that the full deposit was [Wade into escrow and only because
the escrow was dragging on too long did the seller decide to back out. Mr.
Diamond stated that the escrow was terminated, but another escrow could be
opened immediately to purchase another license.
Debbi Matley, 380 W. 17' Street, San Bernardino, CA, spoke in opposition to
the Flesh Club.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the hearing be closed; and that the
Mayor and Common Council deny the appeal and uphold the Planning
Commission denial of Conditional Use Permit No. 08-03; that the Mayor and
Common Council re -determine that the Public Convenience or Necessity (PCN)
would not be served by granting a new Type 48 ABC license at 100 West
Hospitality Lane; and that the matter be continued to September 15, 2008, at 4:30
p.m., to consider the adoption of findings. The motion carried unanimously
with Brinker absent.
44. ORD. MC-1283 - Urgency ordinance of the City of San Bernardino
amending San Bernardino Municipal Code Section 10.24.190(A) to prohibit
all commercial vehicles except for commercial pickup trucks, vans, and
passenger cars on Mt. Vernon Avenue between 5' Street and god Street (Mt.
Vernon Avenue bridge).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said urgency ordinance be adopted.
Ordinance No. MC-1283 was adopted unanimously with Brinker absent.
25 09/02/2008
45. RES. 2008-357 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the Fiscal Year 2008/2009 through 2012/2013
Capital Improvement Program.
Council Member/Commissioner McCammack announced that she did not legally
have a conflict of interest that would require her to recuse herself from voting on
any Capital Improvement Projects listed on Exhibits "A", "B" and/or "C".
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution and Exhibit "A" be
adopted, which includes all Capital Improvement Projects except those listed
which pose a potential conflict of interest to City Attorney Penman, and Council
Members/Commissioners Estrada, Baxter, Brinker, and Kelley; and that the
Director of Finance be authorized to amend the FY 2008/09 budget to incorporate
the completed FY 2008/09 Capital hnprovement Program (CIP) into the final FY
2008/09 budget. The motion carried and Resolution No. 2008-357 was
adopted unanimously with Brinker absent.
Council Member/Commissioner Baxter stated that he would abstain from voting
on Exhibit "B" because he owns or has an interest in real property within 500
feet of CIP No. SSO4-116; and City Attorney Penman stated that he would abstain
from voting on Exhibit "B" because he owns or has an interest in real property
within 500 feet of CIP No. PR07-09. Council Member/Commissioner Baxter and
City Attorney Penman left the Council Chambers and returned after the vote was
taken.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the CIP projects listed in Exhibit "B" be
approved. The motion carried. Ayes: Estrada, Derry, Kelley, Johnson,
McCammack. Nays: None. Abstentions: Baxter. Absent: Brinker.
Council Member/Commissioner Estrada stated that she would abstain from voting
on Exhibit "C" because she owns or has an interest in real property within 500
feet of CIP No. PR04-08; and Council Member/Commissioner Kelley stated that
he would abstain from voting on Exhibit "C" because he owns or has an interest
in real property within 500 feet of CIP No. TC04-08. Council
Members/Commissioners Estrada and Kelley left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the CIP projects listed in Exhibit
"C" be approved. The motion carried. Ayes: Baxter, Derry, Johnson,
McCammack. Nays: None. Abstentions: Estrada, Kelley. Absent:
Brinker.
26 09/02/2008
46. Public Comments
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that the I-215
through the Cajon Pass is overgrown with weeds, and asked if the City could
form a committee to work with the State to improve the foliage along that stretch
of freeway.
Joe Ortiz, 387 W. 25'" Street, San Bernardino, CA, expressed his disappointment
in the Council and their actions.
47. Adjournment
At 8:43 p.m., the meeting adjourned to 5 p.m., Tuesday, September 9, 2008, in
the Management Information Conference Room (MIC) on the Sixth Floor of City
Hall, 300 North "D" Street, San Bernardino, California, for closed session.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, September 15,
2008, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL G. CLARK
City Clerk
Byze �.D��-�/
Linda Sutherland
Deputy City Clerk
27 09/02/2008
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. Barter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCmnmack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 6, 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 1:44 p.m., Monday, October 6, 2008, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney
Penman, City Clerk Clark, Acting City Manager Sassoon.
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):
States
(Opx);
- United
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 10/06/2008
Michael Desrochers and Steve Lowes v.
San Bernardino Superior
Timothy Weisenberger, et al. v. The State of California, et al. - San
Bernardino Superior Court Case No. SCVSS 134901;
Windrow Earth Transport v. Robertson's Ready Mix; Robertson's Ready
Mix v. City - San Bernardino Superior Court Case No. SCVSS 144574;
San Bernardino Cit
Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS
811048;
Justin Ryan Golding v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. CIVSS 0700129;
Manta Management Corp., dba The Flesh
- San Bernardino Superior Court Case No.
if San Bernardino
813499;
The People of the State of California v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. CIVSS 811831;
Redevelopment Agency of the City of San Bernardino v. Infiinite State
Inc., et al. - San Bernardino Superior Court Case No. CIVSS 706552.
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:
In the matter of Barbara Littlefield McMurrich
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
Brian Boom 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
In re Pioneer Cemetery, Block 21, lot 22, space 6N
2 10/06/2008
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Interim City Manager
Director of Code Enforcement
Chief of Police
Police Captain
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:
Central City North Redevelopment Project Area
1. Property Address: 1208 North "H" Street
Negotiating Parties: Lori Sassoon, Acting City Manager,
on behalf of the City of San
Bernardino, and Keith Williams, on
behalf of Caltrans
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 450 North "E" Street
APN: 0134-121-24
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the
Redevelopment Agency, and Scott
Bailey, on behalf of CinemaStar
Luxury Theaters, Inc.
Under Negotiation: Terms and conditions of possible
lease amendment and assignment of
lease
3 10/06/2008
3. Property Address: 450 North "E" Street
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
5f° Street and Meridian Avenue Project
1. Property Address: 2656 West Ss' Street
Property Owner: Wells Fargo Bank
APN: 0142-522-14-01-000
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the
Redevelopment Agency, and the
principal agent for Wells Fargo Bank
management
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following additional items would be discussed
in closed session:
Agenda Item Nos. 8, 12 and 32.
City Attorney Penman advised that a correction needed to be made on Agenda Item No.
LG.1 on page 4 of the Agenda, in that the negotiating parties should have shown Lori
Sassoon, Acting City Manager, on behalf of the City of San Bernardino, rather than Don
Gee, as that building is owned by the City, not by the Redevelopment Agency.
Closed Session Announcement
City Clerk Clark announced that in closed session a motion was made by Council
Member/Commission Kelley, seconded by Council Member/Commission Baxter, and
unanimously carried, to approve the employment agreement with Mr. Mark F. Weinberg
as Interim City Manager effective October 15, 2008.
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.
4 10/06/2008
Invocation/Pledge of Allegiance
The invocation was given by Minister Robert W. Strong of Ecclesia Christian
Fellowship. The Pledge of Allegiance was led by Heidi Jimenez, a 5' grade student at
Ramona Alessandro School.
2. Re -appointments - Youth Advisory Commission - Mayor Morris
• Luis Nolasco
• Raddae Chew
• Summer Beasley
• Clifton Alexander
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said re -appointments of Luis Nolasco,
Raddae Chew, Summer Beasley, and Clifton Alexander, to the Youth Advisory
Commission, as requested by Mayor Morris, be approved. The motion carried
unanimously.
3. Presentations & Proclamations
A ballet performance was given by Matthew Leonardi, a young man who has
been selected to join the world-renowned Bolshoi Ballet in Moscow, Russia.
A proclamation designating the month of October as Fire Safety Month was
accepted by Fire Chief Michael Conrad. Public Education Officer Manuel
Sedano announced that in observance of Fire Prevention Week, the San
Bernardino City Fire Department would be holding their annual Open House and
Safety Fair at the Rudy C. Hernandez Community Center on Saturday, October
11, 2008, from 10 a.m. to 4 p.m.
Council Member/Commissioner Baxter presented the Citizen of the Month award
to Dave and Yu Mlynarski, who were instrumental in the success of their recent
trip to the sister cities of Goyang City, Korea and Seoul, South Korea.
Mayor/Chairman Morris presented a Certificate of Appreciation to First 5 for
their involvement in programs benefitting children, their most recent endeavor
being Jumpstart's Read for the Record, a national campaign designed to break the
world record for the number of adults and children reading the same book on the
same day while also working to break the cycle of illiteracy. Karen Scott,
Executive Director of First 5, San Bernardino, accepted the award.
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 10/06/2008
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived. The motion carried
unanimously.
6. Council Minutes
Council Member/Commissioner Baxter made. a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form:
September 9, 2008; and September 15, 2008. The motion carried
unanimously.
7. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated September 26, 2008, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
8. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the classified personnel actions, as
submitted by the Chief Examiner, dated October 1, 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.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the unclassified personnel actions, as
submitted by the Director of Human Resources, dated September 22, 2008, which
comply with City, Community Development Commission and Economic
Development Agency policies and procedures, be approved and ratified. The
motion carried. Ayes: Baxter, Brinker, Derry, Kelley. Nays: Estrada,
Johnson, McCammack.
6 10/06/2008
9. RES. 2008-375 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino for
legal services in the case of Jamora Allen, et at. v. City of San Bernardino, et
at., San Bernardino Superior Court Case No. CIVSS 805915.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-375 was adopted unanimously.
10. RES. 2008-376 - Resolution of the City of San Bernardino amending
Resolution 2006-374 entitled in part, "Resolution... amending Conflict of
Interest Code...," by amending Appendix A to add, delete and change the
titles of various positions within departments of the City which must file
Conflict of Interest Statements (Statements of Economic Interest, Form 700).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-376 was adopted unanimously.
11. RES. 2008-377 - Resolution of the Mayor and Common Council of the City
of San Bernardino to provide for an increase in rates for taxicab service and
repealing Resolution 2005-151.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-377 was adopted unanimously.
12. RES. 2008-393 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a settlement agreement
and mutual release for the settlement of matters in dispute between the City
and Robertson's Ready Mix, LTD.
Note: This item was originally approved as part of the consent calendar.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that the matter be reconsidered. The motion
carried unanimously.
City Attorney Penman stated that a new proposed settlement agreement and
mutual release were passed out and discussed in closed session and that the
Council would make their decision in open session.
7 10/06/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2008-393 was adopted unanimously.
13. RES. 2008-378 - Resolution of the City of San Bernardino approving a
Cooperative Agreement No. C08202 with SANBAG to provide project
management services for a grade separation at Palm Avenue over the BNSF
Railroad (CIP Project No. SSO4-53).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-378 was adopted unanimously.
14. RES. 2008-379 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Reimbursement Agreement
with Hillwood for the Federal Economic Development Administration Grant
- Cajon Boulevard Public Infrastructure Improvements for the North San
Bernardino Industrial Park Project.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-379 was adopted unanimously.
15. RES. 2008-388 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the two-year Capital Improvement Program
(2008-2010) for Measure "I" Local Expenditures.
Council Member/Commissioner Baxter abstained because he owns or has interest
in real property within 500 feet of CIP No. SSO4-116. He left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Brinker abstained because he owns or has
interest in real property within 500 feet of CIP No. SS06-102. He left the
Council Chambers and returned after the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-388 was adopted. Ayes: Estrada, Derry, Kelley,
Johnson, McCammack. Nays: None. Abstentions: Baxter, Brinker.
Absent: None.
16. RES. 2008-380 - Resolution of the City of San Bernardino approving a new
Services Agreement with Albert Johnson for the provision of contract
building inspection services for the Stater Bros. Project.
8 10/06/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-380 was adopted unanimously.
17. RES. 2008-381 - Resolution of the City of San Bernardino authorizing the
City Manager to execute agreements for services with the firms of Ninyo &
Moore, Hilltop Geotechnical, Inc. and Converse Consultants for geotechnical
investigations and construction material testing.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-381 was adopted unanimously.
18. RES. 2008-382 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Skanska USA Civil for installation
of temporary support for the Mt. Vernon Bridge over the BNSF Railroad per
letter proposal, dated September 11, 2008.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-382 was adopted unanimously.
19. RES. 2008-383 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a lease agreement
between the City of San Bernardino and Omnipoint Communications Inc. for
the lease of six hundred eighty nine (689) square feet of City owned property
at Northpark University Park located on the southeast corner of University
Parkway and Northpark Boulevard for a monopine cellular tower (APN
0266-611-02).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the 2008/09 adopted budget by
increasing revenue Account No. 001-000-4520 by $12,600 and General
Government expenditure Account No. 001-092-5502 by $3,500. The motion
carried and Resolution No. 2008-383 was adopted unanimously.
20. RES. 2008-384 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Matich Corporation for Pavement
Rehabilitation on 0 Street from 5'0 Street to Tisjuana Street (SS06-37), per
Project Plan No. 12539.
City Attorney Penman abstained as the Matich Corporation has made donations to
his campaign fund.
9 10/06/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the director of Finance be authorized to
amend the FY 2008/09 Budget by transferring $125,000 from the unappropriated
fund balance of the State Infrastructure Loan Fund to Account No. 240-379-5504-
7616 (SS06-37) "4`, Street Pavement Rehabilitation from Mt. Vernon Avenue to
5' Street"; and that said resolution be adopted. The motion carried and
Resolution No. 2008-384 was adopted unanimously.
21. Establish salaries for Police Department Ranges P-4, P-5, P-6 & P-7,
effective August 1, 2008
Agenda Item Nos. 21, 22 and 23 were discussed and voted on simultaneously.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council:
Establish the salaries for Police Department Ranges P-4 (Lieutenant), P-5
(Captain), P-6 (Assistant Police Chief), and P-7 (Police Chief), effective August
1, 2008;
Authorize the Human Resources Department to amend Resolution No. 6429 to
reflect the above action; and
Authorize the Director of Finance to amend the FY 2008/09 Budget by increasing
the Police Department General Fund Budget for Charter 186 costs by transferring
$128,500 from the General Government Budget in Account No. 001-092-5011 to
the appropriate Police Department Divisions' budget accounts and also make the
appropriate adjustments to the various Police Grants as allowed by the grants.
The motion carried unanimously.
22. Establish salaries for Fire Department Ranges P-5, P-6 & P-7, effective
August 1, 2008
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council:
Establish the salaries for Fire Department Ranges P-5 (Battalion Chief), P-6
(Deputy Fire Chief), and P-7 (Fire Chief), effective August 1, 2008;
Authorize the Human Resources Department to amend Resolution No. 6429 to
reflect the above action; and
10 10/06/2008
Authorize the Director of Finance to amend the FY 2008/09 Budget by increasing
the Fire Department General Fund Budget for Charter 186 costs transferring
$66,300 from the General Government Budget in Account No. 001-092-5011 to
the appropriate Fire Department budget accounts. The motion carried
unanimously.
23. Establish salaries for Fire Department Ranges P-1, P-2, P-3 & P4, effective
August, 1, 2008
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council:
Establish the salaries for Fire Department Ranges P-1 (Firefighter), P-2
(Firefighter/Paramedic), P-3 (Fire Engineer), and P-4 (Fire Investigator/
Captain), effective August 1, 2008;
Authorize the Human Resources Department to amend Resolution No. 6429 to
reflect the above action; and
Authorize the Director of Finance to amend the FY 2008/09 Budget by increasing
the Fire Department General Fund Budget by $483,400 for Charter 186 costs by
appropriating $226,900 from the General Fund Budget Reserve and transferring
$256,500 from the General Government Fund Budget in Account No. 001-092-
5011. The motion carried unanimously.
24. RES. 2008-385 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Facility Use
Agreement with the San Bernardino City Unified School District relative to
the use of 156 parking spaces in the parking lot at Speicher Park.
Council Member/Commissioner McCammack abstained on this matter as it
involved one of her business clients.
City Attorney Penman abstained on this matter because his wife is a member of
the governing board of the San Bernardino City Unified School District.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-385 was adopted. Ayes: Estrada, Baxter, Brinker, Derry, Kelley,
Johnson. Nays: None. Abstentions: McCammack. Absent: None.
11 10/06/2008
25. RES. 2008-386 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
3 to Contract 07481 A-3 with the County of San Bernardino Department of
Aging and Adult Services (DAAS), and accepting the amended proposal
amount of $251,807 for the Senior Nutrition Program for the period of July
1, 2008 through June 30, 2009; this amount represents a decrease in FY
08/09 funding for the Senior Nutrition Program in the amount of $1,201,
from $253,008 to $251,807.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-386 was adopted unanimously.
26. RES. 2008-389 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Amendment No. 1 to Vendor
Service Agreement with Golden West Landscape Contractor, and an increase
to Purchase Order No. 302251 in the amount of $34,944 for landscape and
irrigation maintenance services for downtown facilities, parking lots, north
site facilities, south site facilities, central facilities, Carousel Mall, medians,
Arrowhead Credit Union Park and Library facilities for the period October
1, 2008 through November 30, 2008, pursuant to Section 3.04.010 B-3 of the
Municipal Code, and ratifying any action taken between October 1, 2008 and
the date that this resolution is adopted.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-389 was adopted unanimously.
27. ORD. MC-1287 - An Ordinance of the City of San Bernardino amending San
Bernardino Municipal Code Section 9.90.010.A.10 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. FINAL READING (Continued from September
15, 2008)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No.
MC-1287 was adopted unanimously.
12 10/06/2008
28. RES. 2008-387 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance of
a new purchase order in the amount of $80,000 between the City of San
Bernardino and IWORQ Systems Incorporated for pavement management
inventory and pavement distress/curb and gutter identification of City of San
Bernardino streets.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-387 was adopted unanimously.
29. Item deleted.
30. Initiation of a Development Code Amendment related to convenience stores
and off -sale alcoholic beverage licenses
Mark Ostoich, 550 E. Hospitality Lane, San Bernardino, CA, spoke on behalf of
7-Eleven to encourage the initiation of the amendment, which will create
flexibility in the way convenience stores are addressed within the City of San
Bernardino.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that Planning staff be directed to initiate an
amendment to the Development Code to modify the provisions to allow
consideration of convenience stores and ancillary sales of alcoholic beverages.
The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Kelley,
Johnson. Nays: McCammack. Absent: None.
31. Item deleted.
32. 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 corner of Base Line Street and "H"
Street to Caltrans (APN 0145-221-09) (Continued from September 15, 2008)
RES. 2008-394 - 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 corner of
Base Line Street and "H" Street in the City of San Bernardino.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
13 10/06/2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the public hearing relative to the
sale of City property, located at the northwest comer of Base Line Street and "H"
Street (APN 0145-221-09) to Caltrans, be closed; and that said resolution be
adopted. The motion carried and Resolution No. 2008-394 was adopted
unanimously.
33. Public Hearing - Resolution ordering work relative to the proposed Foothill
Drive and Sterling Avenue Area Landscape Maintenance Assessment District
No. 1058 (Tentative Tract No. 14112)
RES. 2008-373 — Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
submitted in favor of the assessment exceed the ballots submitted in
opposition to the assessment and that the public convenience and necessity
require the maintenance of landscaping in the Foothill Drive and Sterling
Avenue area, approving the final Engineer's Report, creating an Assessment
District to cover the costs of said maintenance, known as Assessment District
No. 1058, ordering the work, confirming the 2009-2010 assessment roll, and
determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Morris opened the hearing.
City Clerk Clark stated that two ballots had been returned and were in favor of
the proposed assessment.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that the public hearing relative to the formation of
the Foothill Drive and Sterling Avenue Area Landscape Maintenance Assessment
District No. 1058 be closed; and that said resolution be adopted. The motion
carried and Resolution No. 2008-373 was adopted unanimously.
34. Public Hearing - Resolution ordering work relative to the proposed Palm
Avenue and Piedmont Drive Area Landscape Maintenance Assessment
District No. 1062 (Tract Map No. 10302)
14 10/06/2008
RES. 2008-374 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
submitted in favor of the assessment exceed the ballots submitted in
opposition to the assessment and that the Public Convenience and Necessity
require the maintenance of landscaping in the Palm Avenue and Piedmont
Drive area, approving the final Engineer's Report, creating an Assessment
District to cover the costs of said maintenance, lmown as Assessment District
No. 1062, ordering the work, confirming the 2009-2010 assessment roll, and
determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Morris opened the hearing.
City Clerk Clark stated that one ballot had been returned (Assessment Nos. 1-22)
and was in favor of the proposed assessment.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the public hearing relative to the formation
of the Palm Avenue and Piedmont Drive Area Landscape Maintenance
Assessment District No. 1062 be closed; and that said resolution be adopted. The
motion carried and Resolution No. 2008-374 was adopted unanimously.
35. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San
Bernardino Municipal Code regarding scrap metal recycling. FIRST
READING (Continued from September 2, 2008)
Note: A draft ordinance was distributed.
City Attorney Penman requested that this matter be continued 30 days to the first
Council meeting in November.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of November 3, 2008. The motion carried unanimously.
36. RES. 2008-390 - 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.
15 10/06/2008
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-390 was adopted unanimously.
37. RES. 200-391 - 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 15, 2008)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted. Resolution No.
2008-391 was adopted unanimously.
38. RES. 2008-392 - 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 $306,000 for FY 08-09 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. (Continued from September 15, 2008)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-392 was adopted unanimously.
39. An Urgency Ordinance of the City of San Bernardino amending San
Bernardino Municipal Code (Development Code) Section 19.08.020, Table
08.01, and Section 19.08.030, to permit emergency shelters with a building
permit within areas of IL, Industrial Light, land use district lying south of 3'
Street, east of Waterman Avenue, and north of Mill Street declaring the
urgency thereof, and taking effect immediately. URGENCY
Note: No backup material was distributed.
City Attorney Penman requested that this matter be continued to the second
Council meeting in October.
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 20, 2008. The motion carried
unanimously.
16 10/06/2008
40A. Budget amendment to fund Police helicopter services through October 31,
2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Finance Director be authorized
to amend the FY 2008/09 adopted budget by appropriating $29,000 from
unallocated Measure Z funds to Account No. 001-223-5502 to provide helicopter
services through October 31, 2008. The motion carried unanimously.
40B. Discuss and take possible action concerning the appointment of an Interim
City Manager
Note: No backup material was distributed.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the employment contract with Mark
F. Weinberg, as Interim City Manager, be approved, with compensation set at
$25,000 per month, with no benefits or other compensation proposed, effective
October 15, 2008. The motion carried unanimously.
41. Ordinance of the City of San Bernardino amending Title 2, "Administration
and Personnel," of the San Bernardino Municipal Code by amending Section
2.01.010 "Mayor Pro-Tempore," by repealing Section 2.76.040 "Senior
Council Member," and by amending Section 2.76.050 "Assignment of
Committee Members and Designation of Committee Chairpersons." FIRST
READING
Note: A draft ordinance was distributed with the backup material.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that said ordinance be laid over for final
adoption. No vote was taken.
Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, requested that
the files be opened and that subpoenas be issued regarding Operation Phoenix.
She requested that personal tax records for Mayor Morris and everyone involved
in Operation Phoenix be made public because she would like to know who is
making the money, where it is being spent, and why.
City Attorney Penman stated that the proposed ordinance was inconsistent with
the City Charter because his office did not prepare it. He requested that he be
given an opportunity to read the ordinance in its entirety and directed to draft a
substitute ordinance.
17 10/06/2008
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of October 20, 2008. The motion carried. Ayes:
Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: Kelley.
Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Economic
Development Agency Interim Executive' Director Marzullo and Agency
Counsel Sabo; City Clerk Clark.
Absent: None.
R42. RES. CDC/2008-37 - Resolution of the Community Development Commission
of the City of San Bernardino, on behalf of the Redevelopment Agency of the
City of San Bernardino, amending Resolution No. 4420 (as amended by
Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560, CDC/2000-
449 CDC/2001-51, CDC/2004-41, and CDC/200648) entitled, in part,
"Resolution... adopting a Conflict of Interest Code...," by amending
Appendix A to add, delete and change the titles of various positions within
the Redevelopment Agency of the City of San Bernardino which must file
Conflict of Interest Statements.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2008-37 was adopted unanimously.
R43. California Property Specialists, Inc. ("CPSI"), Professional Services
Agreement - Property acquisition, management, relocation and demolition
services - 5'" Street & Meridian Avenue Project
RES. CDC/2008-38 - 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 Professional Services Agreement by and
between the Agency and California Property Specialists, Inc., for acquisition
and relocation services (5' and Meridian Project).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. CDC/2008-38 was adopted unanimously.
18 10/06/2008
44. Public Comments
Jason Desjardins, 274 N. "I" Street, San Bernardino, CA, stated that he is one
of the tow rotation operators who franchises with the City Police Department. He
stated that on September 2, 2008, an amendment to the 2005 Tow Service
Agreement was passed by the City Council to increase the franchise fee by almost
62 percent. He stated that their fee was $4,000 prior to the amendment and it is
now $6,400. Mr. Desjardins requested that this matter be reopened for
discussion with the Police Ad Hoc Committee to allow input from the companies
who are affected by the fee increase and how it has been applied at this time of
economic crisis.
Jerry Lair, City Towing, 530 W. 10' Street, San Bernardino, CA, stated that
small businesses are in no position to take a 62 percent increase in franchise fees
at this time.
Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, stated that there
are too many crooks at the City, County, State and Federal levels.
The following individuals spoke in support of Los Padrinos:
Mike Austin, 2756 Louise Street, San Bernardino, CA, 13-year member of the
Friends of San Bernardino Parks & Recreation and Chairman of the annual Chili
Cook -off;
Santos Pineda, 445 S. Arrowhead, San Bernardino, CA, Project Coordinator at
Los Padrinos;
Debbi Matley, 380 W. 171" Street, San Bernardino, CA;
Brad Waltrip, 380 W. 17* Street, San Bernardino, CA;
John Matley, 380 W. 17d Street, San Bernardino, CA.
45. Adjournment
At 8:55 p.m., the meeting adjourned to Monday, October 20, 2008.
RACHEL G. CLARK
City Clerk
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Linda Sutherland
Deputy City Clerk
19 10/06/2008