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HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Coum;il Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry ChIlS Kelley Rikke Van Johnson Wendy McCammack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING NOVEMBER 3, 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 1:36 p.m., Monday, November 3, 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, Kelley, Johnson, McCarmnack; City Attorney Penman, Interim City Manager Weinberg, City Clerk Clark. Absent: Council Member/Commissioner Derry. Council Member/Commissioner Estrada excused at 6:22 p.m. I. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg 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 07-01027 SGL (Opx). 11103/2008 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: Inland Communities Corp v. City of San Bernardino (Paradise Hills) Two (2) cases California Aviation Services, Inc. v. City of San Bernardino Cal State Contract for Police Consultant C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. California State University D. Closed Session - personnel - pursuant to Government Code Section 54957: Director of Code Enforcement Chief of Police Library Director 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. City Attorney Penman announced that the following additional item would be discussed in closed session under Agenda Item No. IB, pursuant to subdivision (b) (3) (A) of Government Code Section 54956.9: One case. 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 Richard C. Grove. 2 11103/2008 Invocation/Pledge of Allegiance The invocation was given by Sister Mary Frances Coleman of the Diocese of San Bernardino. The Pledge of Allegiance was led by Edwin Adame, a 6th grade student at Bradley School. 2. Appointments There were no commission appointments. 3. Presentations Council Member/Commissioner Johnson presented Certificates of Recognition to the members of the Cajon High School Cowgirls Basketball Team in honor of their achievement in winning the Inland Empire Girls Basketball Tournament Championship, the San Diego Classic Girls Basketball Championship, the CIF Division 2 Girls Basketball Championship, and the Ninth National Invitational Girls Basketball Tournament Championship. Tom Rubio and Sheldon Osekowsky, representing the San Bernardino Professional Firefighters Local 891, presented a check for $5,000 to Ken Childress, Director of Animal Control, for the City's Animal Shelter Refurbishing Project. Wayne Austin, President/CEO of the San Bernardino Convention and Visitors Bureau, presented a check for $2,395 (part of the proceeds from the Burnout Contest presented by Time Warner and held at the National Orange Show during the 19th Annual Stater Bros. Route 66 Rendezvous) to the Boys and Girls Club of the City of San Bernardino. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council 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 with Derry absent. 3 11/03/2008 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 2, 2008; and October 6, 2008. The motion carried unanimously with Derry absent. 7. Item deleted. 8. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated October 31, 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 with Derry absent. 9. Mayor and Common Council and Community Development Commission Regular Meeting dates for 2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council and the Community Development Commission approve the following dates for regulor meetings of the Mayor and Common Council/Community Development Commission for the year 2009: January 5; January 20 (Tuesday due to holiday); February 2; February 17 (Tuesday due to holiday); March 2 and 16; April 6 and 20; May 4 and 18; June 1 and 15; July 6 and 20; August 3 and 17; September 8 (Tuesday due to holiday); September 21; October 5 and 19; November 2 and 16; December 7 and 21. The motion carried unanimously with Derry absent. 10. RES. 2008-407 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to amend the agreement between the County of San Bernardino and the City concerning the use of Indian Gaming Special Distribution Funds. 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 transfer $398,190.82 of cash balance from the 246 Capital Improvement Fund into the SB21 Police Grant into the 123 fund. The motion carried and Resolution No. 2008-407 was adopted unanimously with Derry absent. 4 11/03/2008 11. RES. 2008-415 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. Council Member/Commissioner McCarmnack requested that the list of recipients of grant funding for the 2008/2009 budget year be provided to the Council as a matter of course. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-415 was adopted unanimously with Derry absent. 12. RES. 2008-416 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution... designating certain streets, or portions thereof as through highways..." and declaring June Place a through highway from Bronson Street to Carmelina Street. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-416 was adopted unanimously with Derry absent. 13. RES. 2008-417 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution... designating certain streets, or portions thereof as through highways..." and declaring Leroy Street a through highway from Sierra Way to Hill Drive and establishing a two-way stop at the intersection of Hill Drive and LeRoy Street. Council Member/Commissioner McCarmnack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2008-417 was adopted unanimously with Derry absent. 14. RES. 2008-408 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting Amendment Number One to the Emergency Ambulance Transportation Services subcontract agreement between the City of San Bernardino and the American Medical Response Iuland Empire. 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 FY 2008/2009 adopted budget and increase General Fund revenue Account No. 001-000-4881 (Paramedic Reimbursement) by a net $38,900 from $359,100 to a new total of $398,000 and increase the Fire Department General Fund expenditure budget in Account No. 001-201-5609-??oo (Vehicle Replacement) by $38,900 and appropriate $45,900 from the available Fire DIFF fund balance into Account No. 262-482-5609 5 11103/2008 (Vehicle Replacement) and do the corresponding budget adjustments in the Fleet Fund for the purchase of a new Paramedic Squad Vehicle as outlined in the staff report dated October 30, 2008 from Mat Fratus, Deputy Chief. The motion carried and Resolution No. 2008-408 was adopted unanimously with Derry absent. 15. Parks, Recreation & Community Services Department Reorganization Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council: Reclassify one (1) Community Services Center Supervisor, Range 2420, $3,606- $4,383 per month, to Community Recreation Program Supervisor, Range 2450, $4,188-$5,091 per month; and Delete one (1) Community Recreation Program Coordinator, Range 1350, $2,543-$3,092 per month; and Transfer $20,800 from Account No. 134-462-5011 (Full-time Salary) to Account No. 134-462-5014 (Part-time Salary); and Authorize the Human Resources Department to update Resolution Nos. 6413 and 97-244 to reflect these actions; and Authorize the Director of Finance to amend the FY 2008/09 budget to reflect these actions. The motion carried unanimously with Derry absent. 16. Set workshop for Monday, November 17, 2008, at 5 p.m., in the Economic Development Agency Boardroom, for a presentation of the Parks, Recreation, Trails and Open Space Master Plan Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that a workshop be set for November 17, 2008, at 5 p.m., in the Economic Development Agency Boardroom, for a presentation of the Parks, Recreation, Trails and Open Space Master Plan. The motion carried unanimously with Derry absent. 17. RES. 2008-409 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of the First Amendment to the Memorandum of Understanding between the County of San Bernardino and the City of San Bernardino for Operation Phoenix Eastern area. 6 1l/03/2ooS 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 adopted budget (both expenditures and revenues) by increasing the Operation Phoenix expenditure Account No. 001-385-5706 (Alterations and Renovations) in the amount of $97,000 for use at the Operation Phoenix East facility, and to reflect the associated revenue reimbursement of $97,000 from the County of San Bernardino; and that said resolution be adopted. The motion carried and Resolution No. 2008-409 was adopted unanimously with Derry absent. 18. RES. 2008-410 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute a KaBOOM! Outreach Statement and a Letter of Agreement with KaBOOM! for a community-build playground to be constructed at Ruben Campos Community Center located at Nunez Park. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-410 was adopted unanimously with Derry absent. 19. RES. 2008-411 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an addendum to the Memorandum of Understanding between the Rialto Unified School District and the City of San Bernardino for a School Resource Officer at Rialto High School, to provide police officers for security at Riallo High School home football games. Council Member/Commissioner Brinker abstained on this matter as it involved his employer, the Rialto Unified School District. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-411 was adopted. Ayes: Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Abstentions: Brinker. Absent: Derry. 20. RES. 2008-412 - Resolution of the City of San Bernardino authorizing the City Manager of San Bernardino to execute the Crossing Guards Service Agreement with the Rialto Unified School District for the operation of the School Crossing Guard Program at Myers Elementary School and Kelley Elementary School by the Police Department. Council Member/Commissioner Brinker abstained on this matter as it involved his employer, the Rialto Unified School District. 7 11/0312008 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-412 was adopted. Ayes: Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Abstentions: Brinker. Absent: Derry. 21. RES. 2008-418 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the approval of Amendment No. 1 to the Vendor Service Agreement and increase to Purchase Order Number 302232 by $110,000 to Fluoresco Lighting & Signs for streetlight maintenance services. Bridgette Washington, 433 N. Sierra Way, San Bernardino, CA, Public Employees Association, stated that based upon information they received from the Public Services Department, it did not appear that contracting out street lighting to Fluoresco Lighting was the best cost savings alternative compared to laying off three employees. She stated that her overall concern is the impact to the employees and what is going to happen when the money runs out. On behalf of the Employees Association, Ms. Washington requested that the Council reconsider contracting out non-routine work once performed by City employees that would enable the City to maintain control, create a quicker response time to emergencies, keep the City lit up without risk of running out of money, and employ people who have familiarity with the City. She stated that she understood that there were 40 poles that needed to be replaced throughout the City, and that eight poles could be replaced within a one-day period. Council Member/Commissioner McCarmnack stated that her concern was with actual delivery of services and whether it was less expensive than it would have been if they had used City employees. She stated that she was not happy that they were talking about a two-year extension, and her preference would be to give the company six months so that they could see the amount of work that's being done, the quality of the work that's being done, and whether the City is realizing any savings. Interim City Manager Weinberg stated that this proposal was included in the current 2008/09 fiscal year budget, and at that time City staff identified that switching over to Fluoresco for the additional repair work on streetlights would net the City a savings of approximately $127,000, which was after spending $110,000 for the contract extension to expand services. He stated that staff met with the labor group on two occasions and it was explained at that time that three employees in the Public Services Department would be impacted, but none of them would be laid off. Two of the employees would be bumped in lieu of layoff, and one employee, who was set to retire, would be bumped for the remainder of the year. S 11/03/200S Mr. Weinberg confirmed that 40 poles are out of service, but that is not unusual for a city of 60 square miles. He stated that the Public Services Department has identified 13 light standards for which they currently have replacement parts and expect to replace. Mr. Weinberg added that staff is planning to come back to the Council in two weeks with some identified additional gas tax savings revenue that can be applied to expedite the replacement of the additional standards. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2008-418 was adopted. Ayes: Estrada, Brinker, Kelley, Johnson. Nays: Baxter, McCammack. Absent: Derry. 22. RES. 2008-413 - Resolution ratifying submittal of a grant application and authorizing the City Manager to administer the FY 07/08 MSRC funding for the On-Road Alternative Fuel Engine Program in the amount of $390,000 to assist in the purchase of (11) LNG refuse and two LNG dump trucks to be utilized by the Public Services Department, Street and IWM Divisions and authorizing the City Manager to execute a contract accepting the grant. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-413 was adopted unanimously with Derry absent. 23. RES. 2008-419 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment and issnance of a new contract purchase order in the. amount of $86,000 to Smithson Electric Incorporated for additional loop replacement services, labor, and materials utilized by the Public Services Department, Street Division. Council Member/Commissioner McCarmnack stated that she had a concern with routinely extending purchase orders and/or contract timeframes when local companies could be bidding these services or products. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Director of Finance be authorized to amend the FY 2008/09 budget in order to create a new project number for Routine Loop Replacement Services and transfer $86,000 from Account No. 129- 367-5504-7541 (Del Rosa/Highland Ave.) into Account No. 129-367-5504- XXXX (Routine Loop Replacement Services); and that said resolution be adopted. The motion carried and Resolution No. 2008-419 was adopted. Ayes: Baxter, Brinker, Kelley, Johnson, McCammack. Nays: Estrada. Absent: Derry. 9 11/03/2008 24. RES. 2008-414 - 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 $184,100 to Haaker Equipment Company to refurbish Sewer Unit 444. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-414 was adopted unanimously with Derry absent. 25. Discuss and take possible action concerning the provision of graffiti removal services by City crews, and revision of the Services Agreement with Los Padrinos for the provision of beautification services Interim City Manager Weinberg stated that the City has had an agreement with Los Padrinos to provide graffiti abatement and abatement/beautification services throughout the City and that the total annual amount for this year's contract is $588,000. He stated that the agreement expired on September 30, 2008, and the Council extended that agreement for 90 days and it is now due to expire at the end of December 2008. Mr. Weinberg stated that since April 2008 the Police Ad Hoc Committee has been discussing various strategies to improve services, which are generally pretty good; however, there have been some issues relative to contract compliance, workload management and certain activity records. Staff has provided the Police Ad Hoc Committee with a number of alternative plans to consider, and ultimately they settled upon recommending a bifurcation of the services wherein the City would convert the graffiti abatement tasks to City crews and the abatement/beautification services would continue to be provided by Los Padrinos for an annual total cost of $250,000. He stated that they were able to do this with a net zero cost to the General Fund by transferring some of the current right -of- way costs to the Integrated Waste Management Fund. Mr. Weinberg stated that the current agreement with Los Padrinos calls for them to field two 3-person crews on the graffiti abatement; however, they have struggled to meet that staffing level. The City's plan calls for five I-man crews to provide the services for the City. He stated that a communication dated October 29, 2008 had been received from Max Alonso, Executive Director of Los Padrinos, indicating that the $250,000 level of services would not be viable for his organization; therefore, he was going to let the contract lapse and Los Padrinos would not be providing abatement/ beautification services to the City. to 11103/200S Council Member/Commissioner Brinker stated that a little over a year ago during the previous budget cycle staff had begun this discussion about how to improve the graffiti removal services in the City, and they did an analysis with Los Pardinos and the Police Department and one of the decisions they made was that they increased the amount of services the City received from Los Padrinos at that time. They created a contract that required them to specifically designate some crews to just do graffiti, because what was happening in the past was that they would be working on graffiti and then they would get called off to do other work so graffiti was not getting the full time and attention that it needed. They also increased graffiti services from five days per week and two teams to seven days per week and three teams. He stated that they told Los Padrinos at that time that they were going to hold them to a higher standard and they put that into the contract. Mr. Brinker stated that because the City found itself in a tougher budget cycle this year, they had to make some tough decisions about how to get quality graffiti removal service, and staff felt that they would be able to get a higher quality of service by bringing it in-house. The committee then discussed how they could do that without causing harm to Los Padrinos because, in addition to the graffiti removal service, they provide a very important social service in the community by rehabilitating young people who have had issues. He stated that they actually raised the amount that they were going to spend by $50,000 because they recognized that Los Padrinos had some hard costs that were already built into what they were doing. Council Member/Commissioner Estrada stated that she would like an opportunity to explore the possibility of using CDBG funds, and requested that the Interim City Manager take a closer look at this matter. Interim City Manager Weinberg stated that he was not confident that even if he had some time and the luxury of different staff to look at this, that they would come up with a different conclusion. He stated that he was not suggesting that there would be a significant savings to in-sourcing this, but he believed there would be a higher level of productivity-it would be more efficient and more effective. He added that the problem with Los Padrinos was that the City was absorbing all their overhead. He stated that he found it a little troubling that during a time of fiscal crisis when the City may have to think in terms of reduction in services and maybe even laying off personnel that there was a disproportionate reliance from Los Padrinos on City funding, and he said he was worried because their counter to the City's offer was that they could do better and essentially fulfill the terms of the current contract if the City could provide them with a little more than $750,000 per year. Mr. Weinberg stated that staff would try to do their best to come up with some kind of viable agreement to keep the abatement/beautification services in the hands of Los Padrinos. 11 11103/2008 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council authorize the City Manager to begin work on this transition to a City operated graffiti removal service, and a new agreement with Los Padrinos for abatement and beautification services. The motion resulted in a tie by the following vote: Ayes: Brinker, Kelley, Johnson. Nays: Estrada, Baxter, McCammack. Absent: Derry. Mayor/Chairman Morris broke the tie with a "yes" vote, and the motion carried. 26. Public Hearing - Resolution imposing liens on property located within the City of San Bernardino for uncollected business registration fees RES. 2008-420 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2008-420 was adopted unanimously with Derry absent. 27. Public Hearing - Resolution Ordering Vacation of a portion of "H" Street, between Huff Street and College Drive (Continued from October 20, 2008) RES. 2008-421 - Resolution of the City of San Beruardino ordering the vacation of a portion of "H" Street, between Huff Street and College Drive and reserving utility easements therein and an easement for emergency vehicle access. The hearing remained open. No public comments were received. 12 11103/2008 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that the Findings of Fact, as set forth in the staff report dated September 22, 2008, from Valerie C. Ross, Director of Development Services, as to why the portion of "H" Street, between Huff Street and College Drive is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2008-421 was adopted unanimously with Derry absent. 28. 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 October 6, 2008) Council Member/Commissioner McCarmnack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried unanimously with Derry absent. 29. ORD. MC-I289 - 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." FINAL READING (Continued from October 20,2008) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-I289 was adopted. Ayes: Estrada, Baxter, Brinker, Kelley, Johnson. Nays: McCammack. Absent: Derry. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCarmnack; City Attorney Pemnan, Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo, City Clerk Clark. Absent: Council Member/Commissioner Derry. R30. Presentation on the update of the San Bernardino Downtown Core Vision/Action Plan A PowerPoint Presentation/Report was given by Vaughn Davies, ISAA, Principal Director of Urban Design, EDA W. No action was taken. 13 11103/2008 R31. Joint Public Hearing - Waterman Holdings, LLC - Amendment No.4 to the 2004 Disposition and Development Agreement (Central City East Redevelopment Project Area) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") to Waterman Holdings, LLC (4th and Waterman Avenue - APN: 0135-191-17) (Central City East Redevelopment Project Area). (R31A) Resolution of the Community Development Commission of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") to Waterman Holdings, LLC, and authorizing the Interim Executive Director of the Agency to execute Amendment No. 4 to the 2004 Disposition and Development Agreement, as amended, between the Agency and Waterman Holdings, LLC (4th Street and Waterman Avenue - APN: 0135-191-17) (Central City East Redevelopment Project Area). (R31B) Mayor/Chairman Morris opened the hearing. Council Member/Commissioner McCarmnack requested that the Council be provided with information relative to partners and principals involved in all future actions. Interim Executive Director Marzullo stated that the Agency is selling a strip of land to the LLC at market value, which is the Warm Creek Drainage Channel to the south. He stated that the intent of the developer is to add a cantilevered parking structure above the drainage area. Mr. Marzullo stated that Jian Torkan is the President of ICO Development and the managing partner of the LLC. He stated that he did not know who the other partners were in the LLC, but he could get that information for the Council. Mr. Sabo stated that this project has been around for four years. He assured the Council that future staff reports would clarify who the principals are and what their involvement is. City Attorney Penman stated that he was concerned about possible liability issues that may result from building over a drainage canal and with selling a drainage canal to a private developer without first making sure that the necessary safeguards are in place. He stated that he understood that the Planning Department was not aware of this issue. 14 11/03/2ooS Mr. Marzullo stated that this is a blue line stream that comes under the Department of Fish and Game's control and jurisdiction. He stated that the Agency does not have the development authority to approve or disapprove the parking lot wherein the City does. He stated that it is two separate issues. The Agency's issue is property disposal and the City's issue will be what to do with blue line streams and how to dispose of drainage water that comes off WaternIan Avenue. The stream does serve as drainage during flood times, but unless it's raining or there is a flood condition, there would be no water in this drainage canal. At one time in the City's reported history it did carry surface water when groundwater downtown was literally at the surface. Council Member/Commissioner McCamrnack questioned who would be liable if a flood occurred and caused damage, who would maintain it in the interim, and would they need special permission to maintain it. City Attorney Penman requested that the item be continued for two weeks in order to add language to the agreement relative to the sale. No public comments were received. Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/Commission meeting of November 17, 2008. The motion carried unanimously with Estrada and Derry absent. R32. California Housing Foundation, Inc., a non-profit 501(c)(3) organization - 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement for the benefit of the developmentally disabled adults RES. CDC/2008-42 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2008 Low and Moderate Income Housing Funds Loan and Grant Property Acquisition Agreement by and between the Agency and California Housing Foundation, Inc., for the benefit of the developmentally disabled adults. Council Member/Commissioner McCarmnack made a motion, Council Member/Commissioner Baxter, that said resolution Resolution No. CDC/2008-42 was adopted unanimously with Derry absent. seconded by be adopted. Estrada and 15 11/03/200S 33. Request for payment of legal fees City Attorney Penman declared a conflict and stated that Mr. Sabo would provide legal counsel on this matter. He stated that this is a complaint that was filed with the State Bar against him in December 2005 by a former mayor. In April 2006 the State Bar cleared him and said there was no basis for legal discipline. The former mayor then asked the State Bar to review the case again and that is where the matter currently stands. Council Member/Commissioner Kelley asked if this was gomg to be enough money to resolve this issue. Mr. Sabo stated that if this case goes to a formal hearing it could cost $20,000 to $30,000. Mr. Penman stated that in most cases they put a cap on attorneys' fees. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council allocate the sum of $7,000 from the City Attorney Outside Counsel budget (Line Item 001-051-5503) for payment of legal fees to Erica Tabachnick, Esq. not to exceed $35,000 without further approval of the Mayor and Common Council. The motion carried. Ayes: Baxter, Kelley, Johnson, McCammack. Nays: Brinker. Absent: Estrada, Derry. 34. Public Comments C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, spoke about the single family rental property home inspection program. Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, predicted that Barack Obama was going to be the next President. Anthony Garacci, 752 W. 10th Street, San Bernardino, CA, stated that Code Enforcement employees were not working fast enough. Aaron Lofton, President of the Cirnarron Ranch Neighborhood Association, 4340 N. Bronson Street, San Bernardino, CA, made a motion to restrain from the question of invoking the office of Mayor Pro Tern for a period of six months pending the circulation of a petition in order to gather the public opinion toward the purpose of effectuating a public referendum demanding a special election for the office of Mayor pursuant to the California State Constitution. 16 11/03/2008 Sir Isaac Lindsay, 2470 S. Darthouth Road, San Bernardino, CA, spoke regarding the positions of the Mayor and Mayor Pro Tern. 35. Adjournment At 6:56 p.m., the meeting adjourned to Monday, November 17, 2008. RACHEL G. CLARK City Clerk BY~.~ Linda Sutherland Deputy City Clerk 17 11I03/2ooS