HomeMy WebLinkAbout04-03-2006 MinutesMayor Patrick J. Morris
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street Dennis J. Baxter
Gordon McGinnis
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.org chasKelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 3, 2006
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, April 3, 2006, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City
Manager Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Rosario Aguilar v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 115557;
Juventino Flores v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 05-00505 SGL;
Sequenta Lawrence v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 04-00336;
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Qion Marshall v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 04-00272 SGL.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Appointment:
Economic Development Agency Executive 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:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
IVDA Redevelopment Project Area (North Arden Guthrie Neighborhood)
1. Properties and Negotiating Parties:
Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment
Agency, as Property Owner on 2004, 2028, 2029, 2050, 2072, 2073, 2094,
2095, 2104, 2105, 2122, 2123, 2140, 2141, 2158, 2159, 2176, 2177
Newcombe Street; 2028, 2029, 2050, 2051, 2072, 2073, 2094, 2095, 2104,
2122, 2140, 2159, 2177 McKinley Street; 2004, 2028, 2029, 2050, 2051, 2072,
2073, 2094, 2095, 2104, 2105, 2141, 2158, 2177, 2194 Dumbarton Street; and
2122 Arden Avenue and Lee Orr, on behalf of CT Realty Corporation, as Buyer
and Clayton & Virginia Kautzman-2194 Newcombe Street; Phuong Doan-2005
Newcombe Street; Enrique and Maria Cachua-2150 Newcombe Street; Silverio
and Virginia Vizcaino-2195 Newcombe Street; Alfonso A. and Teresa E.
Hernandez-2004 McKinley Street; Miguel Flores-2005 McKinley Street; Sabraj
Nijjar-2123 and 2141 McKinley Street; Pedro Uriostegue-2158 McKinley Street;
Dion and Tina Graham-2194 McKinley Street; Sonia Ortiz-2195 McKinley
Street; Ody Ents-2005 Dumbarton Street; Don Friedman-2122 Dumbarton
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Street; Gloria Fimbres-2123 Dumbarton; Robert Moreno-2140 Dumbarton;
Gloria Leynes-2159 Dumbarton; Daniel Garcia-2176 Dumbarton; Aaron L.
Edwards-2004 and 2028 Arden Avenue; Larry Sr. and Andrea Estrada-2050
Arden Avenue; Humberto Velasquez and Delmy A. Ayala-2072 Arden Avenue;
Lou Quang Phuoc-2094 Arden Avenue; Lou Cannon-2104 Arden Avenue;
Ramon and Maria G. Hernandez-2140 Arden Avenue, as Property Owners and
Lee Orr, on behalf of CT Realty Corporation, as Buyer;
Under Negotiation: Purchase price, terms, and conditions
2. Properties and Negotiating Parties:
Fred Wilson, City Manager, on behalf of the City, as property owner, 1191-
101-03, 1191-101-04, 1191-101-05, 1191-101-06, 119-101-06, 1191-101-07,
1191-101-08 and Lee Orr, on behalf of CT Realty as lessee; and Fred Wilson,
City Manger, on behalf of the City, as property owner, 1191-201-01, 1191-201-
02 and Lee Orr, on behalf of CT Realty, as lessee.
Under Negotiation: Purchase price, terms, and conditions
Central City North Redevelopment Project Area (Downtown Acquisition Program)
3. Properties and Negotiating Parties:
Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment
Agency, as Buyer and William R. Bland - 796 West 5" Street (APN 0134-054-
25); Allied Capital Investment, LLC - 495 North "G" Street (APN 0134-101-
28); Chiyo Lapham - 708, 720 West 4'" Street (APN 0134-093-45); Charles and
Sarah Garner Trust - Vacant land (APN 0134-101-04, 05, 06); The Salvation
Army - 746 West 5"i Street (APN 0134-054-07, 08, 09), as Property Owners
Under Negotiation: Purchase price, terms, and conditions
4. Properties and Negotiating Parties:
Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment
Agency, as Buyer and Tien Lee International - 795 West 5"' Street (APN 0134-
093-41); Sweat Patel, Premila Patel and Dashrath Patel - 755 West 5" Street
(APN 0134-093-40); Walter L. B Ammons - 723-739 West 5" Street (APN
0134-093-07); Infinite State, Inc. - 701 West 5" Street (APN 0134-093-08, 09);
Christopher Ko, Henry Ko and Bruce Ko - 696 West 5" Street (APN 0134-061-
21, 22, 25 and 30); Parlock Holdings, LLC - Vacant land (APN 0134-093-10);
Protea Hotel, Inc. - 448-450 North "G" Street (APN 0134-093-11, 44); Raul M.
Najera and Catalina A. Barrera Cantoran - 770 West 5" Street (APN 0134-054-
26); San Bernardino School Property - 673 West 5"i Street (APN 0134-101-02);
Gerardo Garcia - 673 West 5" Street (APN 0134-101-03), as Property Owners
Under Negotiation: Purchase price, terms, and conditions
Closed Session Announcement
Mayor/Chairman Morris announced that the City Council unanimously accepted his
recommendation to appoint Maggie Pacheco as Executive Director of the Economic
Development Agency.
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.
04/03/2006
Moment of Silence
Mayor/Chairman Morris expressed condolences to the family and requested a moment of
silence in memory of Carleton Wallace Lockwood, who passed away March 19.
Although not a City resident, Mr. Lockwood served as a board member on the San
Bernardino Community College District Board of Trustees for 22 years, board member
of the West San Bernardino County Water District, founding member and past president
of the Rialto Kiwanis Club, and member of the San Bernardino Masonic Lodge and
several other organizations.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Aloha Smith of St. Francis Episcopal Church,
followed by the pledge of allegiance, led by Council Member/Commissioner Baxter.
2. Appointments & Re -appointments
A, B, I Appointments - Mayor Morris
• Dennis Baxter - San Bernardino Regional Water Resources
Authority
• Wallace Green - Civil Service Commission
• James Mulvihill - Planning Commission
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that appointments A, B, and 1, as
requested by Mayor Morris, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, McCammack. Nays:
None. Absent: Council Member/Commissioner Johnson.
C-H Re -appointments - Council Member Baxter
Rufus E. Roney - Animal Control Commission
Anna Cox - Community Development Citizens Advisory Committee
Frank E. Schnetz - Central City Parking Place Commission
John "Jack" Joseph Cone - Community Television Commission
Evelyn Wilson - Parks & Recreation Commission
Jane Ann Godager - Senior Affairs Commission
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that re -appointments C-H, as requested by
Council Member/Commissioner Baxter, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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3. Proclamations & Presentations
A proclamation designating the month of April 2006 as "Child Abuse Prevention
month" was accepted by Sue Taylor from Children's Network and Mary Jaquish
from First Five.
A proclamation designating the week of April 2-8, 2006 as "National Library
Week" was accepted by Ophelia Roop, City Librarian.
A proclamation designating the month of April 2006 as "Fair Housing Month"
was accepted by Christela Estrada from the Inland Fair Housing Mediation
Board.
A proclamation designating April 17-23, 2006 as "Community Development
Week" was issued by Mayor Morris and forwarded to the County of San
Bernardino for display in the rotunda of the County Government Center.
A Resolution of Commendation was presented to Wallace Green on the occasion
of his retirement as the City's EEO Officer, in acknowledgement of his many
years of devoted service to the community.
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 and community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack 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 by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the minutes of the following
meetings of the Mayor and Common Council/Community Development
Commission be approved as submitted in typewritten form: *February 6, 2006;
and March 6, 2006.
5 04/03/2006
Note: The February 6, 2006 minutes were listed in error. The correct date
should have been February 21, 2006. Therefore, the February 21, 2006
minutes shall be continued to the Council meeting of April 17, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the personnel actions, as submitted
by the Chief Examiner, dated March 31, 2006 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 by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. RES. 2006-87 — Resolution of the Mayor and Common Council of the City of
San Bernardino approving the destruction of certain records no longer
required to be maintained by the San Bernardino City Attorney's Office.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-87 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to
Government Code Section 8630 (c)(1)
Note: No backup materials were distributed.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Mayor and Common Council
confirm the need for continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6 04/03/2006
10. RES. 2006-88 - A Resolution of the City Council of the City of San
Bernardino authorizing the execution and delivery of the Facility Lease and
the Site Lease by and between the City of San Bernardino and the California
Infrastructure and Economic Development Bank and approving certain other
matters in connection therewith.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-88 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2006-89 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Agreement with
Communications Support Group, Inc. (CSG) to conduct a review of franchise
fees and utility user taxes (UUT) paid by Charter Communications.
Council Member/Commissioner McCammack 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 2005/06 budget by
transferring $30,000 from Account No. 107-261-5011 and $8,000 from Account
No. 107-261-5014 to Account No. 107-261-5002.
The motion carried and Resolution No. 2006-89 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
12. RES. 2006-90 - Resolution of the City of San Bernardino amending
Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking
upon certain designated streets, alleys, or portions thereof..." to establish no
parking any time zones on the west side of Arrowhead Avenue between Fifth
Street and one -hundred eighty (180) feet south of Fifth Street and on the
south side of Fifth Street between "D" Street and Arrowhead Avenue.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-90 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7 04/03/2006
13. RES. 2006-91 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance and street lighting assessment district located in
the San Bernardino International Airport/Alliance-California area, generally
north of Central Avenue, east of Lena Road and south of 3" Street, without
compliance with the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931; declaring its intention to proceed to order work
within the district, to be known as Assessment District No. 1022, Zone 1,
Zone 2, and Zone 3; preliminarily approving the Engineer's Report and
giving notice of a public meeting and public hearing.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-91 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. Authorization for the Director of Development Services to execute Change
Order No. Three to contract with Matich Corporation for construction of
Campus Parkway - installation of a traffic signal at Kendall Drive and
Campus Parkway - per Plan Nos. 10952 and 10232
City Attorney Penman stated that he would be abstaining on this matter because
Matich Corporation has contributed to his City Attorney re-election campaign.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Development
Services or his designee be authorized to execute Change Order No. Three to
contract with Matich Corporation in the amount of $330,000 for construction of
Campus Parkway (SS O4-01) and installation of a traffic signal at Kendall Drive
and Campus Parkway (TC 04-07) per Plan Nos. 10952 and 10232; and that the
Director of Development Services or his designee be authorized and directed to
allocate $330,000 in the 2006/07 Capital Improvement Program Budget under
Account No. 129-367-5504-7007 to pay for the costs associated with Change
Order No. Three.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8 04/03/2006
15. RES. 2006-92 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the San Bernardino City Fire Department to
apply for and administer the FY 2006 Assistance to Firefighters Grant
Program submitted to the Department of Homeland Security in the amount
of $601,266.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-92 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2006-93 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute Amendment No. 1 of
Contract 05-689 with the County of San Bernardino for a 1 percent COLA
increase to the FY 2005-2006 budget for the Head Start/Preschool Program.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-93 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2006-94 - Resolution of the City of San Bernardino authorizing the
purchase of 13 "Pocket Citation' electronic citation writing devices from
Advanced Public Safety (APS).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-94 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2006-95 - Resolution of the City of San Bernardino authorizing the
execution of a Memorandum of Understanding with the Department of
Justice California Armed Prohibitive Program Inland Empire Task Force.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
9 04/03/2006
Resolution No. 2006-95 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2006-96 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing an increase to a purchase order to County of San
Bernardino Solid Waste for street sweeper dumping.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-96 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. Discuss and take possible action regarding the Legislative Review
Committee's recommendation to repeal the Emergency Medical Services
(EMS) user fees
Fred Wilson, City Manger, provided background information. He suggested that
as an option to repealing the fees, staff could review ways to restructure the
program and then bring it back to Council.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the Emergency Medical Services (EMS) user
fees be repealed. (Note: The vote was taken following further discussion.)
Council Member/Commissioner Derry stated that it had been reported at the
Legislative Review Committee meeting that only about 8 percent of the bills that
are sent out are actually paid. He stated that he has trouble sponsoring a fee that
people can be told not to pay because there is no follow-up and no attempt made
to collect it; and those 8 percent who are paying the bills are honest, hard-
working people, many of which can't afford to pay, but are paying it anyway.
Council Member/Commissioner McGinnis asked if they could take a look at the
program first to see how it is structured to find out who is paying and who is not
paying and why. He stated that he wanted to know how it all works and how
people are billed before he makes a decision to get rid of it.
Council Member/Commissioner McCammack stated that in her research on this
EMS fee years ago she learned that 80 percent of all the calls for service through
the Fire Department are emergency medical calls; and her concern is that many
people use the Fire Department as their ride to the hospital or ER, and that
taxpayers may be subsidizing those people. She stated that the way the user fee is
written and implemented is troublesome, and they need to figure out a way to fix
10 04/03/2006
it. She noted that years ago they talked about letting the public know that there
was a nominal fee of $24 per year for an insurance plan that everybody in the
City could buy and they would have unlimited use of the Fire Department to
come to their home in an emergency medical situation; however, the City has not
been very good about publicizing this. Ms. McCammack added that seniors
should be exempt from paying the fee.
Ms. McCammack stated that she supported repealing the existing fees, but she
also wanted the Ways and Means Committee to look at how to ensure that the
abuse is not going to continue to be a burden on the General Fund. She added
that by taking this action they would be reducing the budget for the Fire
Department.
Council Member/Commissioner Kelley stated that this fee is unfair. He stated
that passing on an unnecessary cost to the insurance companies only drives up the
costs for insuring City employees. He agreed that it is an unfair fee for senior
citizens and those on fixed incomes.
Council Member/Commissioner Baxter stated that they need to be able to collect
more than the 8 percent, but with fair disclosure. He stated that he wanted to see
further evaluation of the program and suggested that some type of verbiage could
be added to the bill that if a person has a financial hardship, they could contact
the City.
Council Member/Commissioner Johnson stated that they were talking about
eliminating $273,500, which is almost the salary of three policemen.
Council Member/Commissioner Derry asked if the fee was a monthly fee.
City Manager Wilson stated that it is an annual subscription fee of $24 per year
and it is $12 for low income residents.
In response to the comment that people may be taking advantage of the Fire
Department and using that service as a form of emergency transportation, Council
Member/Commissioner Estrada stated that a lot of very low income families
make up the community and that demographics should be a consideration.
The motion made by Council Member/Commissioner Kelley, seconded by
Council Member/Commissioner Derry, that the Emergency Medical Services
(EMS) user fees be repealed carried by the following vote: Ayes: Council
Members/Commissioners Derry, Kelley, Johnson, McCammack. Nays: Council
Members/Commissioners Estrada, Baxter, McGinnis. Absent: None.
11 04/03/2006
21. An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California repealing and replacing San Bernardino Municipal
Code Section 8.82.050 of Chapter 8.82 regarding recovery of expenses for
extraordinary law enforcement services. FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. Receive and file the Mid -Year Budget for FY 2005/06
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the FY 2005/06 Mid -Year Budget
Report be received and filed.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. Public hearing - to consider an ordinance establishing and modifying certain
development impact fees, and a resolution setting certain development impact
fees (Continued from March 20, 2006)
ORD. MC-1222 - Ordinance of the City of San Bernardino adding Chapter
3.27 to the San Bernardino Municipal Code to establish development impact
fees, and repealing Chapter 3.26 and Chapter 19.30.320 of the San
Bernardino Municipal Code. FINAL READING
RES. 2006-97 - Resolution of the Mayor and Common Council of the City of
San Bernardino setting the amount of certain development impact fees, and
repealing Resolution 88-140.
The hearing remained open.
No public comments were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolution and ordinance be adopted.
12 04/03/2006
The motion carried and Ordinance No. MC-1222 and Resolution No. 2006-97
were adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, McGinnis, Johnson. Nays: Council Members/Commissioners
Derry, Kelley, McCammack. Absent: None.
24. Recovery of fees incurred by the San Bernardino Police Department for
monitoring the protest rally held on March 27 and 28, 2006
Council Member/Commissioner Kelley stated that he had placed this item on the
agenda for discussion because law enforcement personnel again had to be
redeployed and repositioned in order to monitor the activities in front of City Hall
for the two days of the demonstration. He stated that he had not discouraged the
students from exercising their constitutional right to assemble and display their
discomfort and concern over pending legislation; however, he felt that if the City
was going to bill one organization as they did the Orange Show Fairgrounds, then
it was only appropriate that they also bill the School District.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the San Bernardino City Unified School
District be billed $26,073 in order to recover the fees incurred by the San
Bernardino Police Department for monitoring the protest rally held on March 27
and 28, 2006, in front of City Hall. (Note: The vote was taken following further
discussion.)
Council Member/Commissioner McGinnis stated that he could see Mr. Kelley's
point if the event had been sponsored by the School District and they did not
apply for any permits to hold the demonstration. He stated that this situation was
unlike the Orange Show who invited people to attend a concert and their invited
guests caused trouble for the City.
Council Member/Commissioner Johnson stated that the day after the walk -out he
went to Arroyo Valley High School to speak with the vice-principal and was told
that the school gym was open as an option for the students to discuss the issues
leading up to the walk -out so that they could remain on campus instead of
participating in the walk -out, and that this option was available throughout the
School District. Mr. Johnson stated that he believed that the schools did all they
could to mitigate this situation so that it did not erupt into something very ugly,
and to compare this to the violence that erupted after the concert at the Orange
Show is like comparing apples to oranges. He stated that the protest was a non-
violent expression of a viewpoint.
Council Member/Commissioner Derry stated that the School District is
responsible for the children from the time they arrive at school to the time they go
home, and they get paid by the State from our tax dollars. He stated that it is not
the job of the San Bernardino Police Department to baby-sit students during a
13 04/03/2006
school day when they should be in class. Mr. Derry stated that these students
were truant and the School District made very little effort to keep them on
campus. He stated that most of the students had no idea what they were
protesting, and that it was mostly an attempt to get out of school. He felt it was
fair that the City bill the School District even though he didn't think they would
pay it.
Council Member/Commissioner McCammack stated that there were many high
schools in Southern California that did not allow their students to protest and she
felt that if those schools were able to accomplish that without violence, then our
schools should have been able to do the same thing.
Council Member/Commissioner Estrada stated that there is a huge difference
between the National Orange Show and the San Bernardino City Unified School
District. She stated that the National Orange Show is in business to make money,
but we don't want them to cost the City the kind of money that they've cost us.
She also stated that the Police Department's first responsibility is to the safety of
its people no matter what the circumstances are.
The following comments were made by Mayor Patrick J. Morris - City of San
Bernardino:
"Let me make very clear why the idea of "sending a bill" for costs this city
incurs when its citizens exercise their fundamental right to peacefully petition the
government is without merit and is fundamentally at -odds with the principles on
which this country and our democratic government are founded.
"Caleb Cushing was one of America's great early statesmen. He served as a
Congressman from Massachusetts for many years, as chief Justice of the
Massachusetts Supreme Court, and then as Attorney General under President
Franklin Pierce. In 1836, during a fierce debate in Congress regarding a
proposal that would have banned Congress from spending any time or resources
on considering the petitions Congress had received advocating the abolition of
slavery, Mr. Cushing made a timeless speech on the fundamental right of the
People to petition their government and the obligation of government to hear such
petitions and not erect barriers that would inhibit the People from exercising this
inalienable right. Government's first and foremost duty, said Cushing, is to lend
an attentive and respectful ear to the petitions of the People because "the right of
petition ... was not conferred on the People by the Constitution, but was a pre-
existing right, reserved by the People out of the grants of power made to
government. "
"After quoting the First Amendment that government "shall make no law
abridging the right of the People to peaceably assemble and to petition the
government for a redress of grievances," Cushing gave an eloquent elucidation as
to the broad sweeping meaning of this language.
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"Said Cushing: "The right of petition, therefore, is not a privilege conferred by
the Constitution. It is recognized as a pre-existing right, already possessed by the
People, which they still reserve to themselves, and to which [government] shall
not so much as touch with the weight of a finger. The People, in their
Constitution, say to [government], --We place in your hands our right and power
of collecting a revenue to provide for the common defense and general welfare of
the Union; our right and power to regulate commerce, to coin money, to declare
war, and to raise and support armies and navies for its prosecution. Upon these
and other subjects you may exercise the discretion, which we repose in you by
virtue of our Constitution. But this you shall not do ... you shall make no law
prohibiting the free exercise of religion, or abridging the freedom of speech or of
the press; or the right of the People peaceably to assemble and petition the
government for a redress of grievances. These our great natural rights we
keep to ourselves; we will not have them tampered with; respecting them we
give to you no commission whatsoever."
"Last week we witnessed in our city what has become perhaps an all too rare
occurrence in this great nation -- the People petitioning their government for
redress of grievances. And perhaps even more astonishing, in an age when we
point a finger at our younger generation and often cry "apathy" and
"unengaged," we witnessed the youth of this city coming together to express their
views and petition their government regarding a proposed law that would affect
their families, livelihood, and community.
"As Mayor, when I was informed early last Monday morning that our youth
would be walking to City Hall in an effort to make their petition heard, I
instructed our police officials that our first and highest duty as government was to
ensure that our children would be safe while exercising their constitutional right,
and that the peace would be maintained as provided for by our constitution. To
this end, both the police and the students did an exemplary job of demonstrating
the beautiful vision our founding fathers enshrined in our Constitution, that if the
People are given the right to petition their government, and the government lends
an attentive and respectful ear to their petitions, the peace will be maintained. It
was democracy at work in its most elegant form.
"In response to this exercise of inalienable rights, however, some have suggested
our government should send a bill to those who could have locked the campus
gates and prevented the children from petitioning their government. I leave to
another day a discussion of the chaos and problems that could have sprung from
such an oppressive tactic - for today we are only considering the propriety of
government taking an action intended to discourage the People from peaceably
assembling and petitioning their government.
"Make no mistake, "sending a bill" to the school district for costs the city incurs
when its People petition their government is the very burden on fundamental
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rights that Caleb Cushing and our founding fathers fought so vehemently to
prevent. "Sending a bill" delivers a clear message to our citizens that
government considers the exercise of the right to peaceably assemble and petition
a burden. Instead of lending an attentive and respectful ear to the People's
petitions, the government will send them a bill. Instead of considering the right
to peacefully petition the government as inalienable "to which [government]
shall not so much as touch with the weight of a finger," the government will
consider such action a nuisance to be discouraged and burdened.
"In defense of their proposition to "send a bill," some have said that our youthful
petitioners are no different than the thieves, vandals, and hoodlums who ravaged
our streets and businesses several weeks ago after a punk rock concert. To
equate children peacefully assembling to petition their government for change,
with a profit -making venture that gave rise to an alcohol -fueled riot that brought
mayhem and destruction to our community, is an affront to all those who have
fought for the principles on which this country is founded. May I remind these
voices that we are a government of the People, by the People, and for the People
... and when the People peacefully assemble to make their voice heard, it is our
duty in government to attentively and respectfully listen, not discard them as
troublemakers and dissidents.
"Others have said that these petitioners should have exercised their right to
petition at a more appropriate time or in a more appropriate manner. I remind
these people that the percipient language to the right of the People to petition their
government, is the right of the People to peaceably assemble. What occurred last
week was a peaceable assembly of hundreds, if not thousands, of children for the
purpose of petitioning their government. That government should EVER
discourage or burden such a fundamental and quintessentially democratic action,
is shameful. Are there consequences to the manner in which the children decided
to make their petition heard? Sure there are. They had a legal obligation to be
in school, and the school district will determine the appropriate response for the
children who disregarded that legal obligation. But when these students left their
campuses to legally assemble at City Hall and exercise their inalienable right to
make their petition heard, it is government's duty and obligation to keep the peace
and respectfully listen to those from whom government receives its authority and
power -- not to turn a deaf ear and simply hand out a bill."
The motion made by Council Member/Commissioner Kelley, seconded by
Council Member/Commissioner Derry, failed by the following vote: Ayes:
Council Members/Commissioners Derry, Kelley, McCammack. Nays: Council
Members/Commissioners Estrada, Baxter, McGinnis, Johnson. Absent: None.
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25. Utility Users Tax - Update by Don Maynor - Management Information
Center (MIC) Room
Note: No backup materials were distributed. This item was discussed in closed
session. No action was taken.
COMMUNITY DEVELOPMENT COMMISSION
Staff present
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark,
Economic Development Agency Executive Director Pacheco. Absent: None.
R26. RES. CDC/2006-10 - Resolution of the Community Development Commission
of the City of San Bernardino approving the termination of the July 6, 1998
Agreement by and between the Agency and the City for General Counsel
Legal Services by the City Attorney upon thirty (30) days written notice to
the City as provided in Section 3(h) of the Agreement.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted. (Note: The
vote was taken following further discussion.)
James Penman, City Attorney, read and submitted into the record an inter -office
memorandum addressed to the Mayor and Common Council dated April 3, 2006,
relative to the existing EDA agreement for general counsel services.
Council Member/Commissioner McCammack stated that although the increase in
costs was an issue, her concern was not necessarily that Mr. Penman's Office
should perform the legal work, but they need an elected official who understands
the legal documents that go through the Economic Development Agency and are
versed in such work. She asked if the maker of the motion would consider a
friendly amendment to the motion to allow the agreement to be terminated, but
that the City Attorney shall continue to review and sign off all Community
Development Commission resolutions that he approves as General Counsel.
Council Member/Commissioner Estrada stated that she would not accept the
amendment.
Jim Mulvihill, 407 W. 25' Street, San Bernardino, CA, stated that at some time
there may be a need for oversight of the Community Development Commission in
addition to legal counsel, but he did not see how the public would adequately be
served by allowing the City's legal counsel to also be the overseer.
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Resolution No. CDC/2006-10 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Johnson. Nays:
Council Members/Commissioners Kelley, McCammack. Absent: None.
R27. Public hearing - reallocation of unexpended 2004/2005 and 2005/2006
Community Development Block Grant (CDBG) Funds
RES. 2006-98 - Resolution of the Mayor and Common Council of the City of
San Bernardino: 1) authorizing the reallocation of the 2004-2005 and 2005-
2006 Community Development Block Grant (CDBG) funds in the amount of
$1,912,784 as per Attachment I(B) and 2) approval of the amendments to the
2000-2005 and 2005-2010 Consolidated Plans and the 2004-2005 and 2005-
2006 Annual Action Plans.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Executive Director of the Economic Development Agency,
presented highlights of the staff report.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that said resolution
be adopted. (Note: The vote was taken following further discussion.)
Council Member/Commissioner Kelley asked if the Redevelopment Committee's
recommendation to allocate $350,000 to the Police Department as listed in
Attachment I, Section B of the staff report was a one-time allocation and if the
City would be able to fund these officers in the future.
Fred Wilson, City Manager, stated that this was a one-time allocation and one of
the challenges they will be dealing with as part of next year's budget will be how
to fund these positions. He stated that the funding mechanism and a plan as to
how the City is going to use the money has yet to be determined. He stated that
the Police Chief has called for the hiring of an additional 14 officers next fiscal
year, but the City is also aggressively attempting to hire more officers between
now and June, and the hope is that the monies from this reallocation will help
fund the additional officers.
No public comments were received.
The motion carried and Resolution No. 2006-98 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
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28. Public Comments
Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, spoke regarding a
proposed State initiative regarding eminent domain and she noted that a
Conference on Redevelopment Abuse was going to be held at the Burbank Airport
Hilton on April 22, 2006.
Herbert Blair, 3049 N. "F" Street, resident of San Bernardino, CA, requested
permission to change the name of Blair Park to George C. Blair Park.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, provided an update of
the water pollution problem at the former Norton Air Force Base.
James Smith, Member of the Native Sons of the Golden West, 1156 E. 241"
Street, San Bernardino, CA, stated that there are three important days of the year:
Flag Day, June 14; Memorial Day, May 29; and Independence Day, July 4.
Mayor/Chairman Morris noted that the flag that currently flies in front of City
Hall is tattered and worn and he asked if a new flag could be presented to the City
on Flag Day.
Mr. Smith stated that a flag would be presented to Mr. Baxter on June 14.
29. Adjournment
At 6:10 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1:30 p.m., Monday, April 17, 2006, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
No. of Items: 29
No. of Hours: 4
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
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