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HomeMy WebLinkAbout09-02-2008 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrit:k J. Monis Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry CIuJs Kelley Rikke Van Johnson We~ McCammack 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 Brinkero 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 lib. - United States District Court Case No. EDCV 07-01027SGL (Opx); 1 09/02/2008 San Bernardino City Professional Firefighters, Local 891 v. City of San Bernardino; San Bernardino Fire Department, et al. - San Bernardino Superior Court Case No. CIVSS 807685; Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 708367; Barbara Enriquez v. City of San Bernardino - San Bernardino Superior Court Case No. CIVSS 709187; San Bernardino City Firefighter Michael Koster v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. CIVSS 811048. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 5495609: 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 549570 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 Nej(otiatinj( 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 Nej(otiation: Purchase price, terms and conditions for acquisition by Caltrans Central City South Redevelopment Project Area 2. Property Address: 225 Orange Show Lane, San Bernardino NeRotiatinj( 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 Nej(otiation: 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. lA, existing litigation: City of San Bernardino Municipal Water Department Vo the United States Department of the Army - United States District Court Case Nos. CV 96- 8867 and CV 96-5205; Under Agenda Item Noo lB, 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 0 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 (A YSO) Region 130, on the occasion of their 30th 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 McCammack 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. I 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 aI. v. City of San Bernardino, et aI., San Bernardino Superior Court Case No. CIVSS 807970. 5 0910212008 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-338 was adopted IIpanimously 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. t 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. 25th 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 lmllnimously 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. Resolutious 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. SS04-53) RES. 2008-351 - Resolution of the City of San Bernardino approving project Baseline agreement for Palm A venuelBNSF grade separation with the California Transportation Commission (CTC), the California Department of Transportation (CAL TRANS) and the San Bernardino Associated Governments (SANBAG). (16A) RES. 2008-352 - Resolution of the City of San Bernardino approving funding agreement for Palm A venue/BNSF 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. SS04-53 (Account No. 264-183-??oo-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 rmal 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 dedicatious 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, 48th Street and Little Mountain Drive area, and releasing of liens. City Attorney Pemnan 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. 25th 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 comer of Base Line Street and "H" Street to the State of California Department of Transportation relative to the widening of the 1-215 freeway and setting a public hearing for September 15, 2008 at 4:00 p.m., to consider said sale. 8 09/0212008 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 corner 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 Pemnan 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 ]Ih 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. 2008-346 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. 25th 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 Pemnan 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 fmal 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 09/0212008 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 rmal 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 McCanunack 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 Rangernaster, 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 McCanunack stated that her second suggestion related to the budget would be to not layoff 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 09102/2008 Council Member/Commissioner divide that into two motions. answered in the affirmative. Kelley asked Ms. McCammack if she would Council Member/Commissioner McCammack 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 docmnent dated 8/112008, 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 Chiefs 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. 25th 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 fmd 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 fmal decision. 15 09/02/2008 City Attorney Pemnan stated that the street lights are a big liability concern and the City has had a number of lawsnits 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 persounel 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. 25th 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 kuow 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 everyone 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 memorandnm 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 nnmber 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 kuow 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 Gleun 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 Pemnan 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 09/0212008 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 Morris; 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 1996 Multi-Plex Theater Lease from CinemaStar Luxury Theaters, Inc., to Maya Cinemas and 2) an Amendment No.3 to the Multi-Plex Theater Lease (Central City North Redevelopment Project Area). Note: No backup material was distributed. 19 09/0212008 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 Constmction Management, Inc., for engineering, design, and constmction management services for a fll'e 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/2oo8-35 was adopted lmanimously 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 Ral1hal, 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. Ral1hal 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 PeN 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. Pemnan 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. Pemnan told the Council that it was impossible to have a Type 47 license and also have topless or adult entertaimnent. Mr. Diamond stated that he didn't understand why Mr. Pemnan 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 kuow 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 first 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 Easland stated that in regard to Mr. Diamond's comments about the Type 47 restaurant license and Mr. Pemnan'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. Pemnan stated that the Council was informed that it was legally impossible for Manta to apply for a Type 47 with topless entertaimnent. 23 09/0212008 Mayor/Chairman Morris stated that he thought what Mr. Pemnan 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 kuow 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. Pemnan's comments were that, as a practical matter, it's difficult to get 50 percent of your gross revenue from food when your primary entertaimnent 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 entertaimnent 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 entertaimnent. He stated that Mr. Pemnan 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 Empefio 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. Empefio 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. Empefio 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 09/0212008 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. Empeiio 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. Empeiio 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 made 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 inunediately to purchase another license. Debbi Matley, 3S0 W. 17th 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. OS-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, 200S, at 4:30 p.m., to consider the adoption of findings. The motion carried unanimously with Brinker absent. 44. ORD. MC-I283 - 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 tmcks, vans, and passenger cars on Mt. Vernon Avenue between sm Street and 200 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 unenimously 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 Pemnan, and Council Members/Commissioners Estrada, Baxter, Brinker, and Kelley; and that the Director of Finance be authorized to amend the FY 200S/09 budget to incorporate the completed FY 200S/09 Capital Improvement Program (CIP) into the [mal FY 200S/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. SS04-116; and City Attorney Pemnan 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 Pemnan 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. PR04-0S; 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. TC04-0S. 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 1-215 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. 25th 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 BY~J.~ Linda Sutherland Deputy City Clerk 27 09/02/2008