HomeMy WebLinkAbout10-06-2008 MinutesCITY OF SAN BERNARDINO
300 N. `D "Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
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):
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 07-01027SGL (Opx);
San Bernardino City Professional Firefighters, Local 891 v. City of San
Bernardino; San Bernardino Fire Department, et al. - San Bernardino
Superior Court Case No. CIVSS 807685;
1 10/06/2008
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. CIVSS 708367;
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 City Firefighter Michael Koster v. City of San
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 Club v. City of San Bernardino
- San Bernardino Superior Court Case No. CLASS 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. Infinite 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
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
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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
5' Street and Meridian Avenue Project
1. Property Address: 2656 West 511 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.
1.G.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.
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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 AUen, et at. v. City of San Bernardino, et
al., 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. SS04-53).
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 gotechnical
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 51e Street to Tiajuana 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 & P-4, 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 07-481 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 comer 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 corner 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 Patin
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, known 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 Pemnan 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/2006-48) 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. 17' Street, San Bernardino, CA;
Brad Waltrip, 380 W. 17' Street, San Bernardino, CA;
John Matley, 380 W. 17" Street, San Bernardino, CA.
45. Adjournment
At 8:55 p.m., the meeting adjourned to Monday, October 20, 2008.
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
19 10/06/2008