HomeMy WebLinkAbout06-Council Minutes
CITY OF SAN BERNARDINO
300 N. "D"Street
San Bernardino, CA 92418
Website: www.sbcity.org
MTNT TTF.S
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 8, 2007
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 1:42 p.m., Monday, January 8, 2007, 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, Brinker,
Derry, Kelley, Johnson, McCammack; Assistant City Attorney Easland, City Clerk
Clark, City Manager Wilson. Absent: None.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Susan Coker v. City of San Bernardino, et al. -San Bernardino Superior
Court Case No. SCVSS 131821;
Michael Desrochers and Steve Lowes v. City of San Bernal
United States District Court Case No. EDCV 06-1408 VAP
Mary Louise Vargas, et al. v. City of San Bernardino, et al. -United
States District Court Case No. EDCV06-01402 VAP (JCRx);
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Eric Davis v. City of San Bernardino
WCAB No. POM0283015
WCAB No. POM0287586
WCAB No. POM0287587
WCAB No. POM0287588
Rosario Nunez v. City of San Bernardino
WCAB No. RIV0055319
WCAB No. RIV0055946
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.
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.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel 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.
Invocation/Pledge of Allegiance
The invocation was given by Minister Rober[ Strong of Ecclesia Christian Fellowship
Church, followed by the pledge of allegiance, led by Council Member/Commissioner
Estrada.
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Moment of Silence
Mayor Morris extended condolences to the families and requested a moment of silence
in memory of Gerald R. Ford, our nation's 38'" president, who recently passed away;
Randy Lally, who ran for the Third Ward Council seat in November and lost his life in
a tragic accident on Christmas night; Helen Almendarez Flores, mother of Danny
Flores, founder of Salute to the Route; and June Kennedy, mother of City Treasurer
Dave Kennedy.
2. Appointment -Keith Jordan -Parks & Recreation Commission -Council
Member Kelley
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the appointment of Keith Jordan to
the Parks and Recreation Commission, as requested by Council Member Kelley,
be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
Mayor Morris recognized members of the Junior All American Football Hawks
Midget team who recently won the Junior All American League Championship
title. The team members were joined by their athletic director, coaches, team
mom, and cheerleader coaches.
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 Brinker, 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, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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6. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated November
28, 2006, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated December 28, 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, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. RES. 2007-1 -Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Attorney to execute athree-year
contract with West Group to provide library and legal research materials to
the City Attorney's Office and to authorize the execution of a Purchase
Order for the above-referenced three-year coutract.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-1 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. Authorize the Director of Development Services to execute Contract Change
Order No. One to the contract with Oak Engineering, Inc. for traffic signal
improvements at 51h Street and "F" Street (TC04-16); 30`s Street and "E"
Street (1'C04-17); Highland Avenue and "E" Street (TC04-21), per Project
Plan No. 11176
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of January 22, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2007-2 -Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Environmental Project Services,
Inc. for cul-de-sac street improvements on Loop Street from Stoddard
Avenue to "D" Street (SS-C 2006/07), per Project Plan No. 11643.
Council MemberlCommissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-2 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2007-3 -Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Oak Engineering, Inc., for
installation of traffic signal and street improvements at Mill Street and
Macy Street, per Project Plan No. 10486.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-3 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. RES. 2007-12 -Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a Contract to Matich Corporation for
pavement rehabilitation on Date Place from Del Rosa Drive to City Limits
(SS06-47) and "G" Street from Baseline Street to Highland Avenue (SS06-
48), per Project Plan No. 11796/11806, and authorization for the Director of
Finance to amend the FY 2006/07 budget.
Assistant City Attorney Easland announced that City Attorney Penman had
abstained on this item because Matich had contributed to his re-election
campaign for City Attorney; however, Special Counsel Sabo had reviewed and
signed the document at no charge to the City.
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Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2006/07 budget by transferring $461,300 from Account No. 240-
379-5504-7620 (SS06-45) "5'" Street Pavement Rehabilitation" to Account No.
240-379-5504-7622 (SS06-47) "Date Place Pavement Rehabilitation," and that
the Director of Finance be authorized to amend the FY 2006/07 budget by
transferring $287,900 from Account No. 240-379-5504-7616 (SS06-37) "4'"
Street Pavement Rehabilitation from Mt. Vernon Avenue to 5`" Street" to
Account No. 240-379-5504-7623 (SS06-48) "G" Street Pavement
Rehabilitation," and that said resolution be adopted.
The motion carried and Resolution No. 2007-12 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
13. RES. 2007-13 -Resolution of the City of San Bernardino approving
Amendment No. 2 to Services Agreement with Myra L. Frank/Jones and
Stokes for provision of Professional Environmental Services for the design
of the Mt. Vernon Avenue viaduct over the BNSF Railroad.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2007-13 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. Appropriate funds for CIP projects SS07-16, SS07-27, SS07-28, SS07-29,
and TC04-48
Council Member/Commissioner McCammack stated that she would abstain
because she owns property within 500 feet of one of the project areas. She left
the Council Chambers and returned after the vote was taken.
Council Member/Cottlmissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2006-2007 budget to appropriate $430,000 of AB 2928 Traffic
Congestion funds for projects SS07-16, SS07-27, and SS07-28; appropriate a
total of $300,000 from project SS07-29 with $250,000 to be a reimbursement
from EDA and $50,000 to be transferred from SS-C (129-367-5504-7156); and
appropriate $50,000 in the Traffic System Construction Fund for project TC04-
48 with $45,000 being a reimbursement from a HES grant and $5,000 from
Traffic System Construction Funds.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
15. Authorize execution of Contract Change Order No. One to the Contract
with Matich Corporation for pavement rehabilitation at eleven locations -
2"" Street (SS 06-07), Del Rosa Avenue (SS 06-19), "H" Street (SS 06-21),
University Parkway (SS 06-32), Sierra Way (SS 06-50), "H" Street (SS 06-
52), 16`" Street (SS 06-53) & (SS 06-54), Mill Street (SS 06-57), "D" Street
(SS 06-70), Mt. Vernon Avenue (SS 06-77), per Project Plan No. 11735, and
authorize the Director of Finance to amend the FY 2006/07 budget
Assistant City Attorney Easland announced that City Attorney Penman had
abstained on this item because Matich had contributed to his re-election
campaign for City Attorney.
Council Member/Commissioner McCammack stated she would abstain because
she owns property within 500 feet of one of the streets. She left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services be
authorized to execute Change Order No. One in the amount of $169,110.00 to
contract with Matich Corporation for Pavement Rehabilitation at Eleven
Locations - 2nd Street (SS 06-07), Del Rosa Avenue (SS 06-19), "H" Street (SS
06-21), University Parkway (SS 06-32), Sierra Way (SS 06-50), "H" Street (SS
06-52), 16'" Street (SS 06-53) & (SS 06-54), Mill Street (SS 06-57), "D" Street
(SS 06-70), Mt. Vernon Avenue (SS 06-77), per Project Plan No. 11735; and
that the Director of Finance be authorized to amend the FY 2006/07 budget as
indicated in the spreadsheet attached to the staff report dated December 12,
2006, from Valerie C. Ross, Director of Development Services, marked
Attachment "1".
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
16. RES. 2007-14 - Resolution of the .City of San Bernardino making
application to the Local Agency Formation Commission for providing City
sewer services to property within unincorporated territory located at 2119
W. Blake Street.
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Assistant City Attorney Easland announced that City Attorney Penman had
abstained on this item because his wife is a member of the school board, and
that Special Counsel Sabo had reviewed and signed the resolution at no charge
to the City.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to initiate proceedings for the provision of City sewer services
outside of City boundaries for property located at 2119 W. Blake Street; and
that said resolution be adopted.
Resolution No. 2007-14 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2007-4 -Resolution of the City of San Bernardino declaring its
intention to order the vacation of an east-west alley, north of Walnut Street
and east of Artesian Street.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-4 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2007-5 -Resolution of the City of San Bernardino authorizing and
directing the execution of a Funding and Mitigation Agreement with
Greystone Homes II, LLC for Tentative Tract No. 14881, generally located
on the northwest corner of Ohio Avenue and Chestnut Avenue, relative to
the Verdemont Fire Station impact mitigation fees.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-5 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2007-6 -Resolution of the City of San Bernardino authorizing and
directing the execution of a Funding and Mitigation Agreement with Pine
Trails Partners, LLC for Tentative Tract No. 17716, generally located
easterly of Pine Avenue, between Ohio Avenue and Belmont Avenue,
relative to the Verdemont Fire Station impact mitigation fees.
8 01/08/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-6 was adopted by the following vote: Ayes: Council
MemberslCommissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2007-7 -Resolution of the City of San Bernardino authorizing and
directing the execution of Funding and Mitigation Agreement with McShane
Shenandoah Industrial, LLC, for that certain real property generally
located on the westerly side of Shenandoah Way, southerly of Hallmark
Parkway, relative to the Verdemont Fire Station Impact Mitigation Fees.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-7 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. ORD. MC-1237 - An Ordinance of the City of San Bernardino amending
Chapter 19.20 (Property Development Standards), Section 19.20.030(3) of
the San Bernardino Municipal Code (Development Code) related to
antennas, satellite dishes, and telecommunications facilities. FINAL
READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted.
Ordinance No. MC-1237 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2007-8 -Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a five year agreement with
Verizon California Inc. for Centranet telephone service to the City of San
Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-8 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9 01/08/2007
23. RES. 2007-9 -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 2008 Office of Traffic Safety (OTS) Grant to
be submitted to the State of California Business, Transportation and
Housing Agency in the amount of $116,000.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-9 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2007-10 -Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a Purchase Order to Mobile Concepts in the
amount of $46,980 for the purchase of a Fire Safety House.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-10 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. Item Deleted
26. RES. 2007-15 -Resolution of the City of San Bernardino amending
Resolution 6413, Section Thirteen, Temporary/Part-time Employees,
entitled in part a "Resolution... establishing a Basic Compensation Plan..."
by updating information codifying prior Council actions.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-15 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2007-11 -Resolution of the Mayor and Common Council authorizing
execution of a Management Agreement between the City of San Bernardino
and Matt McDonagh, dba Celtic Soccer League, to provide Management
Services at the San Bernardino Soccer Complex for the dates January 13-
14, 20-21, 27-28 and March 17-18, 23-26, and March 30-Apri12, 2007.
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-11 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2007-16 -Resolution of the City of San Bernardino authorizing the
Mayor of San Bernardino to execute Amendment No. 1 to the Services
Agreement with the San Bernardino City Unified School District for the
operation of the School Crossing Guard Program by the Police Department.
Assistant City Attorney Easland announced that City Attorney Penman had
abstained on this item because his wife is a member of the school board, and
that Special Counsel Sabo had reviewed and signed the resolution at no charge
to the City.
Council Member/Commissioner Brinker stated that he supported this item, but
would like to see the see the City reach out to other school districts that have
schools within our City limits.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-16 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. RES. 2007-17 -Resolution of the City of San Bernardino authorizing a
Contract between the City of San Bernardino and California Aviation
Services, Inc. (CAS) of Riverside, CA for helicopter patrol services through
FY 2008/09, with two two-year options for renewal. Additionally, to
increase Purchase Order !1300128 for helicopter patrol services in FY
2006/07 by $290,700 to an amount not to exceed $520,884.
Council Member/Commissioner Brinker stated that he believes the helicopter is
a valuable tool; however, the Council has a responsibility to the public to inform
them of the results we are getting for this expenditure.
Police Chief Billdt advised that the helicopter patrol service helps to deter
crime; that since the inception of the program on July 19, 2006 through
December 27, 2006 the helicopter has responded to 1,857 calls for service and
has been first on the scene for over 1,000 of those calls. He stated that the
benefit to the community is that they have air support immediately when they
call for police, and the pilot and observer have the added benefit of height and
11 01/08/2007
can direct ground units. He added that response times to calls for service have
gone down to 2.68 minutes, largely due to the availability of the helicopter; and
it contributes to the safety of the public and the safety of officers on the street.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; that
Purchase Order #300128 be increased by $290,700 to an amount not to exceed
$520,884 to fund helicopter patrol services, including aviation and property
insurance expenses provided by CAS for the contract extension period; and that
approval of the contract is subject to the City Attorney being satisfied that the
necessary insurance coverage totaling $10,000,000 in aviation liability and
property coverage is continued.
The motion carried and Resolution No. 2007-17 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
29A. Appeal Hearing -Danny's Towing -decision by San Bernardino Police
Department to suspend towing contract for 30 days effective January 8,
2007
Council Member/Commissioner McCammack stated that she would abstain on
this matter because Danny's Towing is one of her customers. She left the
Council chambers and returned after the vote was taken.
Mayor/Chairman Morris opened the hearing.
Mayor Morris advised that the appellant had requested a continuance to the next
meeting.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to Council/
Commission meeting of January 22, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
30. Public hearing -consider adjusting the current storm drain development
impact fees
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Ordinance of the City of San Bernardino adding Chapter 3.27.105 to the
San Bernardino Municipal Code to establish a storm drain development
impact fee, and amending Chapters 3.27.020 and 3.27.110 of the San
Bernardino Municipal Code. FIRST READING
Mayor/Chairman Morris opened the hearing.
City Manager Wilson advised that in the spring of 2006 the Mayor and Council
adopted a series of increases to development impact fees, which included police
and fire facilities fees, an aquatics fee, library facilities fees, and a couple of
other fees. At that time direction was given to staff to review the possibility of
increasing the storm drain companion fees. He noted that it had been over 15
years since that fee had been looked at, and it was clear that our fee was a lot
less than surrounding cities.
He advised that his office had notified the Building Industry Association and
Hillwood Development about this meeting to give them an opportunity to review
and comment; however, as of today his office had received no direct comments
from either party about the proposed increases. He pointed out that today the
Council was only being asked to give a first approval to the ordinance that
would establish the fees; however, the fees would actually be set by resolution
at the Council/Commission meeting of January 22, 2007.
No public comments were received.
Council Member/Commissioner Kelley asked Mr. Wilson to clarify that the
revenue may only be used to fund storm drains and storm drain projects
identified in the Master Facilities Plan.
Mr. Wilson stated that this was correct, adding that said master plan is a master
storm drain plan that was developed that addresses the full storm water
throughout the city.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the hearing be closed; and that said
ordinance be laid over for final adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. Public hearing -sale of a portion of City Water Department owned parcel
of real property generally located northwesterly of Bonita Vista Drive,
south of 40"' Street and west of Del Rosa Avenue
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RES. 2007-18 -Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement and the
execution of a Quitclaim Deed for the sale of City property generally located
northwesterly of Bonita Vista Drive, south of 40'" Street and west of Del
Rosa Avenue in the City of San Bernardino to Alfred M. Sessions.
Mayor/Chairman Morris opened the hearing.
Valerie Ross, Director of Development Services, stated that this was the last
step in the process. She explained that this is a well site that the Water
Department acquired approximately 30 years ago-a well site that is not used
and that is landlocked and completely surrounded by property owned by Mr.
Sessions, who wants to buy this property. She stated that the property is
approximately 100 square feet, and has no purpose other than Mr. Sessions
acquiring it and taking care of it. She advised that Mr. Sessions was willing to
pay the City Water Department $500, which was the appraised value of the
property.
No public comments were received.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2007-18 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
32. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a Management Services
Agreement between the City of San Bernardino and For the Game, LLC to
provide management services at the San Bernardino Soccer Complex for the
period of January 1, 2007 through December 31, 2012. (Continued from
December 18, 2006)
Note: No resolution was distributed with the backup materials.
Mayor/Chairman Morris advised that staff had requested that this matter be
continued to January 22, 2007.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of January 22, 2007.
14 01/08/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
33. Workshop regarding Measure Z
Mayor/Chairman Morris began by stating that on November 7, 2006, the voters
approved Measure Z and Measure YY, which created a new '/a-cent sales tax
effective April 1, 2007. He stated that according to the most recent estimates
provided to the Finance Department by the State Board of Equalization, it is
now anticipated that Measure Z will generate approximately $1,650,000 in
revenue from April 1, 2007 through June 30, 2007. He noted that since the
passage of the measure, the Mayor's office, the Police Chief, the City
Manager's office, the Finance Department, and the Parks, Recreation and
Community Services Department have been evaluating various options for the
expenditure of those funds expected to be generated through the balance of this
fiscal year. He added that staff was proposing that Measure Z expenditures be
allocated in two divisions of the City's budget-one new division in the Police
Department budget and another new division in the Parks, Recreation and
Community Services budget. ,
Mayor/Chairman Morris advised that from December 31, 2005, through
November 30, 2006, the City has seen a 14.10 percent reduction in Part I
crimes, with a 19 percent decrease in murders and nearly 30 percent decrease in
aggravated assaults. He stated that from July 1, 2006, at the time the City
commenced its work in Operation Phoenix, through the conclusion of November
2006 the City realized an overall 22.07 percent reduction in Part I, or serious
crimes.
City Manager Fred Wilson advised that all the Council members had a copy of
the staff report that the Mayor had been talking from in their backup materials,
which summarized some of staff's recommendations regarding the Measure Z
expenditure program. He noted that the proposal is to spend the lion's share of
the Measure Z money for the first six-month period on law enforcement related
expenditures. He stated that he had received a couple of questions from Council
members regarding the Police Chief's combined hiring plan, and how this
proposal dovetails into what the Chief proposed to the Council in July 2006.
Therefore, first and foremost he felt that the Chief should speak to that issue and
also provide the Council members with an overview of his recommendations
regarding how to utilize the first chunk of money from this measure.
Police Chief Michael Billdt provided background information and a historical
perspective of what occurred in June 2006. He reminded the Council of the
June 15, 2006 report that he presented to the Mayor and Common Council with
regard to the combined hiring plan to staff the Police Department with 50
15 01/08/2007
additional personnel-40 sworn and 10 non-sworn-over the following 30
months.
Chief Billdt advised that for the 2006/07 fiscal cycle, he believed that the
department could successfully hire 34 new personnel-14 approved by the
budget and 20 vacancies expected during the fiscal cycle due to normal
attrition-retirement, medical leaves, etc. He stated that as of today, they have
accomplished half of what they said they would accomplish, and they have five
additional police officer recruits in the pipeline that they hope will meet the
background requirements and they can bring them on soon.
He stated that he still remains confident that through this fiscal cycle they will
hire 34 personnel. He stated that he wanted to remind the Council that they
received a $1 million Office of Traffic Safety Grant, which gave the department
four additional motor officers, which means that that number has now grown to
38. He stated that the department's focus and goal is to hire all 38 positions
before the fiscal cycle ends.
Chief Billdt noted that the Mayor had reminded everyone of the progress that
has been made this year as a City in reducing crime. He stated that in his view
and based on his professional experience, this progress is the outcome of the
City's collaborative effort with the California Highway Patrol and the San
Bernardino Sheriff's Department, who have provided the City with temporary
resources to assist us in reducing crime in our community; it is the outcome of
the three tenets of Operation Phoenix-suppression, intervention, and
prevention; and it is because of the hard work of his officers, who have worked
tirelessly in addressing the crime problems in our city utilizing Crime Impact
Teams and the Beat Plan.
Chief Billdt stated that he had put together an outline of what he believes is
essential to sustaining the momentum for reducing crime in the city, for a total
Police Department Measure Z budget through June 30, 2007 of $1,517,100, as
follows:
• Crime Impact Teams: $625,000
• Enhanced recruitment efforts: $147,800
• Deployment of 10 additional police vehicles to field operations:
$304,600
• Helicopter contract and related equipment costs: $309,700
• Anti-gang Initiative (to be developed): $130,000
Mayor/Chairman Morris noted that Measure Z and Measure YY requirements
are that we not only spend our resources raised by Measure Z for police officers
and support personnel and funding anti-crime activities, but also drug education
and supervised after-school activities. He asked City Manager Wilson to
16 01/08/2007
describe the strategy for the expenditure of a modest amount of these resources
to be raised between now and the end of the fiscal yeaz on those activities.
City Manager Wilson advised that the Chief's proposals totaled about
$1,517,000 out of the total budget of $1,650,000, so it was being proposed that
the remaining $133,000 be used for a couple of programs that relate to activities
for the city's youth, to help address the issue of juvenile crime, as follows:
• Roving Recreation Program: $61,000
• "After School at School" recreation sites: $28,400
• Saturday Operations at Community Centers: $32,500
• Youth Employment Program: $11,000
Council Member/Commissioner Brinker distributed and reviewed with the
Mayor and Council a document titled, Measure "Z" Financial Accountability
Plan, which contained five steps that he believed may have been left out of the
process that need to be done first, prior to talking about the specific line items.
Briefly, these steps were defined as: 1) Create a separate accounting fund to
monitor all Measure "Z" tax receipts; 2) Define general fund baselines for ALL
public safety spending from the previous year; 3) Create a true oversight
committee that reviews Measure "Z" spending and priorities before they come
to the Council for approval; 4) Set specific spending priorities; and 5)
Unanimous consent ... a gentleman's agreement that the Council will not vote
on any Measure "Z" spending until they have unanimous consent.
Mayor/Chairman Morris commented on Mr. Brinker's suggestions, stating that
Step #1 was an assured fact-there will be careful monitoring and tracking of all
the Measure Z tax receipts to avoid what Mr. Brinker suggested might happen
in Step #2, and that is supplantation of other funds that might be used for other
purposes. He stated that he thought we would have a tracking system defined
by Finance Director Barbara Pachon [hat will enable staff to do just what Mr.
Brinker suggested.
Relative to Step #3, Mayor Morris advised that the oversight committee was
designed specifically as an audit committee-it was intended and written to
provide assurance to our constituency that we had used the money for the
purposes defined by the initiative. He stated that the committee was not
intended to act as a recommending body for purposes of how we expend that
money-that is the job of the Council as policymakers, with the
recommendations of our professional staff, who have moved ahead over these
last many months to azticulate a strategy that has been very successful in
addressing crime in this city. In fact, the committee is really envisioned as an
audit committee to report annually to the electorate about the City's faithfulness
in administering these resources as they voted in the November election.
17 01/08/2007
Regarding Step #4, Mayor Morris stated that all but a modest amount of the
money is focused on suppression. He stated that this is a program that in the
first three months is driven by the need to ramp up our police services-we have
lost the goodwill donation of our County Sheriffls officers and the State CHP
officers; and we are backfilling with great vigor with our Impact Teams and
with our stepped-up recruitment efforts, and that is the Chiefls best
recommendation to the Council on how to achieve our additional manpower on
the streets as well as keeping the nighttime hours filled with good law
enforcement pending the ramp-up of our Police Department based upon a 30-
month recruitment plan.
With regard to unanimity, the Mayor stated that he would love to have this
Council work toward that goal-he thinks that working toward that end with the
important assets we have been gifted by our electorate is an important goal to
obtain.
Council Member/Commissioner Brinker advised that if the Council were to
expand the oversight committee to what he had described, he thought that would
fit better with what he knows his constituents expected when they voted for
Measure Z.
Mayor/Chairman Morris stated that he authored Measure Z and wrote the
recommendations that the voters adopted, and it was specifically set out as an
audit committee, not as a committee that would recommend to this body how
this body and its professional staff should allocate the resources.
He noted that the Council voted by way of resolution to adopt a committee with
one recommendation from each of the Councilpersons and two recommendations
from the Mayor to staff an audit committee, and that was done on August 7,
2006, at the suggestion of Council Member/Commissioner McCammack.
Council Member/Commissioner McCammack advised that her intention was not
as an audit committee-that she specifically intended that the committee be set
up exactly like our other City committees are set up-that was her personal
intention when she made the motion.
Council Member/Commissioner Derry stated that Mr. Brinker was right, and he
didn't think that staff had addressed Item #2 that says to define general fund
baselines for all public safety spending--basically taking the police budget,
setting aside and saying any Measure Z funding used would be augmentation,
not to supplant other funds.
He stated that he believed one other thing needed to be added-that Measure Z
not only needs to have a separate accounting fund to monitor all tax receipts
coming in, but there needs to be a separate auditing system that monitors where
18 01/08/2007
those funds have gone-and whatever we spend it on, it needs to augment the
existing services, not to supplant those funds.
Mr. Derry stated that he also agreed with Mr. Brinker and Ms. McCammack
relative to the committee and its functions. He stated that it was his
understanding that an oversight committee is an oversight committee-not
necessarily an audit committee-and that the oversight committee would make
recommendations as well as see what the Council did after the fact. He stated
that he thought that was the way most of the voters thought it was intended.
Mr. Derry also pointed out that the City won't stazt collecting Measure Z tax
until April 1, so it won't see the first revenues from Measure Z until probably
June when the check gets cut from the Board of Equalization.
City Manager Wilson stated that that was true, but what is being discussed today
is simply a budget action, and typically budget actions are driven by monies
coming and going during the fiscal year, not based necessazily on when the
money comes in.
Mr. Derry stated that he understood that, but this is slightly different since it is
brand new and was not budgeted for this yeaz. He noted that the Council had
earlier approved the contract for the helicopters, and if they determine that they
need to spend money now, they can take it out of the reserve temporarily and
then look back and do whatever they need to do. He stated that his concern was
that they do this right the first time, because whatever they do here will set a
precedent for future years.
Council Member/Commissioner Estrada asked for clarification of her
understanding that the positions approved by the Council in the combined hiring
plan of 50 sworn and 10 non-sworn police personnel were funded in the current
2006/07 fiscal year until June 30, 2007.
Mayor/Chairman Morris pointed out that the critical issue here was that at the
time it was a dream and not a reality in terms of budget, and that's when he sat
down with the Director of Finance and the City Manager and the Chief and
decided that we needed to go to the electorate and get those resources required
to do the job that the Council hoped to achieve.
Following additional discussion, Director of Finance Barbara Pachon advised
that during the budget cycle the Council did want to move ahead and start with
the hiring plan, and there wasn't enough money to go ahead with the whole
hiring plan, so what they talked about and what they looked at was the first
phase-14 sworn officers and 3 non-sworn personnel for a total of 17 positions.
To get them started in the budget, they did partially fund some money in this
year's budget for those 17 positions, but these positions are not fully funded-
that money would have to come from some other source. Because the hiring
19 01/08/2007
plan is staggered, some of those 14 positions are only funded for one month.
She concluded by stating that in this fiscal year we did put in the 14 sworn and
the 3 non-sworn positions, but it was not for a full year of funding and come
next fiscal year, it was her understanding that they were designed to be part of
the Measure Z funding.
Ms. Estrada stated that her point was that we are talking about 2006/07, which
ends in June; and these positions are budgeted for 2006/07.
Ms. Pachon confirmed that partial funding is until June 2007.
Extensive discussion continued regarding the hiring of the police positions, the
timing of the hiring, which positions were budgeted in the 2006/07 budget and
which positions were to be funded in 2007/08. The main concern seemed to be
the problem of making sure that there were separate accounting mechanisms to
guarantee that the regular Police Department budget and Measure Z monies
were not mixed, that Measure Z monies do not supplant regular budget monies,
and which officers were to be funded with regular budget monies and which
officers were to be funded with Measure Z monies. There was also discussion
regarding the actual structuring of the accounts and the fact that there are
revenue accounts and expenditure accounts, and how all of this would work with
Measure Z.
Mayor/Chairman Morris noted that funding for 50 officers was not included in
the initial recommendation. The plan was to recruit them, to backfill with our
Impact Teams-resources to pick up where we have left off with our borrowed
resources from the Sheriff and the CHP-and then to begin with the equipment
that the Police Chief requires-the ten additional police vehicles-so that he also
can put more people in the field. He pointed out that we are vehicle deficient in
the department and they are unable to make themselves available in the field at
all times when required because they are waiting for vehicles to come in when
the shift changes. He noted that we can be far more efficacious in the allocation
of existing resources with additional material.
Chief Billdt noted that in terms of the cars, one of the problems that we have is
that police are hard on cars and sometimes they break down; and unfortunately
they are down for a period of time. What then occurs is-for example-his
Shift 4 personnel, which is the overnight shifr, will come in, and all the police
cars will be in the field, and they have to wait for Shift 2, which gets off about
10 p.m. to come in, so they can then exchange cars and get in the field. This
has been an ongoing problem, and as they add these Crime Impact Teams,
which require him to put officers out in the field, it's further impacted his
ability to get police officers on the street. He stated that he needs ten police
cars for efficiency purposes, so that he can ensure that when his personnel come
in they are not sitting around the station waiting for a car when they could be
out in the field dealing with the issues at hand.
20 o vosi2oo7
Council Member/Commissioner Kelley thanked the Chief for being candid with
the Council. He stated that he thought Council Member/Commissioner
Brinker's Measure Z Financial Accountability Plan was well thought out and
sets a direction that he thought the Council should strongly consider. He stated
that he could see the passion and the commitment that the Mayor had for this
program, and he appreciated that. However, most importantly, as the policy
makers, he felt they needed to heaz from the public.
He stated that no matter who wrote the measure, or whether the committee was
envisioned as advisory or as something else, the members of the public were
ultimately the ones who voted on the measure; and their perception and their
thoughts when talking to him outside of the market, at church, and at the Little
League fields have conveyed to him that they want all this money allocated to
the police officers.
Council Member/Commissioner Kelley stated that he understood why staff was
looking at $132,900 for doing some of the things that had been discussed this
evening, but he thought that as a Council they needed to come up with a long-
term strategy-one that articulates exactly what they are going to do as the
policymakers, one that was envisioned by the voters as to what we were to do
with their money. He stated that the Council owes it to the public to set up that
advisory committee and make sure that they (the Council) is taking care of their
(the public's) hazd-earned dollars in the way that they envisioned it when they
went to the polls.
Council Member/Commissioner Johnson thanked staff for their report, stating
that he thought it was a very good start-that we are coming into $1.6 million
and just how to divvy that up to start this ball rolling-he thought it had been
laid out pretty well. He reminded everyone that when Measure Z was written
there were elements in it for suppression and there were also elements in it for
prevention; and that was included in the staff report: On the police side alone,
92 percent of these funds are going to the police-and even at that, 8 percent of
that 92 percent is going to fund an anti-gang initiative-and that is not direct
police force-that's prevention. So it has taken on all elements of what we need
to make this city a better city.
He stated that going back to the ten additional vehicles, the Council recognized
that this would be a one-time cost right now, other than the maintenance that
will continue. Therefore, even though they aze taking $300,000+ for the
vehicles, that is a one-time cost, and he thought that needed to be made cleaz to
the public. Relative to the Roving Recreation Program, he stated that something
that he might see as a problem is that as these kids start coming to this Roving
Recreational Program they are looking fot homework assistance, but what
happens if this Roving Recreational Program vehicle is in another
neighborhood?
21 o vosnoo~
Mayor/Chairman Morris noted that in the best of all possible worlds we would
provide centers for our after school programs for our children; and the ultimate
solution, as Mr. Brinker talked about at today's Council meeting, is a
collaboration with our school districts. However, that takes paztnership, and his
excellent suggestion of a bridge cornmittee is an important step down that road.
He agreed that homework centers in collaboration with our school districts
would be an excellent way to go because it can leverage the City's scarce
resources into a much larger framework of accomplishment.
The Mayor pointed out that this is an attempt in our most at-risk neighborhoods
to do what we have done with Operation Phoenix at the Operation Phoenix
Center in that 20-block azea, that has reduced substantially the truancy, and
enhanced in many ways the lives of those kids and created a place for safe
activities after school. He noted, however, that when you look downstream at
the cost of azticulating similar centers throughout the at-risk corridors, it is a
major fiscal challenge, and he believed that the limited resources that we have
available in Measure Z may not cover the bill for on-the-ground facilities in
every at-risk corridor. This roaming after-school program through Parks and
Recreation is an initial attempt to address a problem that kids have nowhere to
go at all and no activities that are constructive and beneficial after school in the
most blighted zones of our city. It's a very modest initial attempt to meet their
after-school needs to keep them safe and occupied constructively with activities.
Council Member/Commissioner McCammack stated that she had several
questions, although she was not sure they could be answered today because it
will take the compiling of some numbers, but she felt compelled to get the
answers to these questions so that they could put this whole puzzle together and
so that she personally could feel that they are making a sound decision with all
the monies that they are talking about.
Ms. McCammack stated that where she grew up the Police Department funded
PAL centers through contributions from the police force. She stated that the
Mayor had mentioned earlier that the kids have nowhere to go and nothing to
do; and she was sorry, but where are their parents? She stated that she thought
this was a really crucial question, and unless we solve the parental problem, she
didn't know if this Council would see the fruits of their labor to the kids for a
good 15 yeazs.
Other questions posed by Ms. McCammack included:
• How much is the total amount we currently spend through our general
fund on all of our social programs, all of our after school programs, and
all the community centers-total amount?
22 01/08/2007
• How much does one "Operation Phoenix° cost in a 20-block area for six
months?
She noted that with Operation Phoenix money, we spend taxpayers
money, but we don't very often have a final tally of the results of those
expenditures. She thought the Council had a responsibility to those kids
to make sure that this is going to be a successful step for them, but there
is no way for the Council to know that unless they know how they are
going to follow these children. Basically, they need to know how these
other dollars that they are spending in an Operation Phoenix setting-
how can they measure the results of those programs? And, how long is
the tracking going to occur?
• How do the potential Measure Z money expenditures fit into the general
fund picture?
• Lastly, what about displacement issues. Ms. McCammack noted that
there aze getting to be more and more nuisance crime/quality of life
issues starting to happen in a 20-block area between Waterman and
"D"/Highland and 30`x. She stated that she is truly afraid that the
criminals aze not hanging out in the 20-block Operation Phoenix area,
which is a good thing; but they've moved. They have moved to other
apartment complexes-quite possibly the Parkdale Apartment complex.
They are moving out of the area because the police presence is there,
which tells her that we need more police-a lot more police-and she is
not sure that 40 officers is enough.
Chief Billdt advised that the issue of displacement is not new; and there is no
question that if you have a focused sustained effort in an area of town, that you
will see some level of displacement. Some of it will be to other portions of the
city and other times it will be to other cities; or people will move out of the area
because they feel there is heightened police awareness of the criminal element
and they just want to leave because the heat is on-so they go elsewhere.
He stated that the more difficult thing is, how do you address it-and there are
several ways you can address it. You could choose not to be proactive, so you
would not have displacement, which is not the answer. Or, you can look at the
community on a more global basis and identify the crime spots in other
geographical locations, which they are already doing through their Community
Policing Model and their Area Command District Model.
Council Member/Commissioner Estrada stated that a major concern for her
personally is the use of a lot of overtime, because it is a stressful job to begin
with and then to have officers putting in that much time, she thought the City
could be setting itself up for some real problems. And that is why she had
23 01/08/2007
asked the City Manager, since we are anticipating "X" number of dollazs and
since property tax money was good, etc., should we not cut a deal with the
Sheriff's Department and get some of those deputy sheriffs under contract, so
that we would enlarge the police force, or at least try to keep it as large as it
was when we did have some help in order to alleviate that pressure and that
stress of so much overtime. She noted that the City Manager had called Sheriff
Penrod's office; however Penrod had said he had no extra personnel to help us.
Mayor/Chairman Morris stated that the Sheriff's office is looking to hire a host
of additional personnel himself, and his Counry Board will not even begin to sit
still to allow us to either beg, borrow, or fund resources for which they are in
great need. We have done all we can to bring those assets to our city, but the
gifting is over and there is no chance that we can hire resources from sister
agencies either. He advised that an L.A. Times article had indicated that the
LAPD is looking for a thousand good men and women to staff-up their police
department; Sheriff Baca of the L.A. Sheriff's office is doing the same; and
sister cities all over the region are doing the same. That is why we need to be,
and we are, very competitive in terms of our salary and benefits structure right
now, but we need to beef-up our recruitment and get these people on staff. He
noted that once we have them in our police department, it turns out they are
remarkably loyal and hardworking and career long in devotion to us, but there is
no way we can, at this point, secure more officers besides doing it on our own
dollar and our own time.
Chief Billdt stated that one of the things they have tried to do with the overtime
is to schedule it in such a way that the increments of time are small-five
hours-and they have made it voluntary. It has been his experience that when
you make overtime voluntazy and when you make it in small increments of time
it works very well; and it's only when you have a hard time filling that overtime
that you then see that there may be some issue with respect to the officers not
wanting to work it.
He advised that he has talked with the POA president and to his staff, who are
filling the overtime; and many of the officers are coming in on their day off to
work-so it is not aback-to-back shift. He stated that the bottom line for him is
that until he can get all of these people hired and in the field and trained, he
needs to sustain the efforts that they have put forth during 2006 to keep the
crime level suppressed and to continue to see the success that they have seen in
the reduction of crime. He stated that he shared the Council's concerns, but he
didn't see it at this point as being an issue that would require him to recommend
that we stop overtime. If it came to that, then he would rely on his managers
and his sergeants to tell him-and that is not the feedback that he has gotten
from his people.
24 01/08/2007
Council Member/Commissioner Kelley stated that perhaps we could take some
of the money from overtime and do some higher and bigger signing bonuses so
that we can have lateral transfers that are already sworn police officers that can
be on the street on Day 1.
Council Member/Commissioner Kelley made a motion to continue this matter
and come back with a plan to implement the Measure YY component and get
some recommendations from the committee members that we were all going to
appoint, and maybe take a working document from that point and improve upon
it or hear from staff as to why we can't do those certain things, send it back to
the committee and move Forward.
Council Member/Commissioner Brinker stated that he would second Mr.
Kelley's motion, but he still had a couple of things he wanted to say.
Council Member/Commissioner Brinker stated that he liked the plan that had
been brought forward. He stated that his only concern was that basically they
were commenting on the plan that staff brought forward, but they hadn't
discussed what the Council members thought would be good for their wards,
and he wanted an opportunity for them to put some things in the mix.
He noted that he had been pretty adamant about his desire for truancy sweeps.
He also believed they needed to focus on graffiti, and having money and
resources allocated within the Measure Z spending for those items was
important to him. He stated that was not to say anything against staffs plan-he
thought there were good things there, but some of the things he wanted weren't
there yet. He stated that he would like to see Code Enforcement beefed-up.
He noted that the Council members were spending a lot of time commenting on
the items brought forward by staff, but they had not been able to put forth their
priorities-the things that they feel would most benefit their wards and the city.
Council Member/Commissioner Baxter stated that this is a living, breathing
document, and he thought it would be going through its growth period. He
stated that he was not prepared to take any action tonight on it; however, he
thought they were all in agreement with one thing-they all needed their input to
make it what they believed the voters wanted. He stated that the voters did tell
them-and the constituents have told them time and time again-what they
expected it to be; and that his constituents certainly expected this citizens'
advisory committee to be just that-an advisory committee-that's what their
expectation was and that is what their perception was. He stated that he agreed
with the other Council members who wanted to hear from members of the
public who were present and wanted to speak prior to closing the meeting.
25 Ol /08/2007
Mayor/Chairman Morris noted that the intent of the meeting was to have an
opening dialogue. He stated that staff had brought forward a plan, and it was
the articulation of their best thoughts. He reminded everyone that staff's
strategies carefully thought out mid-term last year, azticulated both citywide and
in the discreet 20-block area of Operation Phoenix, have had a profound positive
impact on crime in our city. He stated that for the first time in memory we have
worked our tails off as a police department, but also we have worked very hard
in empowering the citizens of the Operation Phoenix area and beyond to take
charge of their lives. We've empowered nonprofits, we've empowered the
County, we've empowered the State Parole-all of those folks have been
partners in this alliance to attack this tragic issue which dominates our city's
landscape. He urged the Council to please understand that their strategies have
been remarkably successful, and the historic idea of simply scatter gunning
assets over the face of the city, which has been done since time has memory,
has not done anything except scatter resources in a way that has not been
effective.
He pointed out that this plan has had a major beneficial impact, and putting
together a plan for the final six months of our fiscal year does not necessarily
imprint Measure Z with what's to come. He stressed that the City has to recruit
officers and has to maintain the Impact Teams, as that is a critical aspect of
what's made this successful. In addition, they need those automobiles that the
Chief talked about so that officers are in the field at every possible moment and
not harnessed to the station awaiting the arrival of their colleagues' cars to come
off the last shift. He stated that those are critical issues to keep what has been a
marvelously effective policing strategy in full force and effect.
The following individuals commented on Measure Z and Measure YY:
Tom Dolan, Inland Congregations United for Change, stated that they have met
with the Mayor on multiple occasions, and one of the things that many of their
members have been very clear about Measure Z is that it is not simply a
measure to raise funds solely for the Police Department. It was their
understanding, through many of these meetings, that some of the money would
be earmarked for prevention and intervention programs; and many of the people
who voted for this measure were very clear about that. He stated that having
voted for a measure that collects funds to be spent in an evenhanded way to
reduce crime and create a safe environment in our city, to develop programs
that are both for intervention, prevention, and suppression, to spend those funds
in any other way than that sends an inappropriate message to our voters, and
especially to our youth.
26 01/08/2007
Kathleen Olguin, member of Our Lady of Rosary Cathedral, stated that she has
been involved with the youth and they want to see how this Measure Z and YY
are handled, and they are looking to their leaders and their policy makers to see
that they are represented as well. She mentioned the possibility of addressing
career development and job opportunities in partnership with businesses, schools
and churches.
Rich Lawhead, President, San Bernardino City Police Officers Association,
noted how you can still drive around town and look at the old Measure Z signs
that are up-and they say more cops-they say we are going to take crime
seriously. He stated that he is not against any kind of recreation programs-he's
not against the recreation people getting their money-he thinks that is
important. He stated that he thinks the focus needs to be on the Police
Department, which has taken cuts over the last ten years-they have had to cut
CSRs, records clerks, and everything else-the only thing that hasn't been done
is to cut a police position. He stated that they may not have filled it because
they couldn't fill it, but they need to get the department built back up. Once all
those things are built back up, once they've done everything, then let's look at
programs, let's look at other things we can do; but he thought the Council really
needed to take that hiring plan seriously. He stressed that we need to get cops
on the street.
Jim Mulvihill, 407 West 25`" Street, member of Holy Rosary Church and a
member of ICUC, stated that we have had suppression-that's the only program
that we have had, and it hasn't been effective simply because crime, as we all
know, is not aone-dimensional issue. He noted that the City has limited
resources, and it needs to partner with the business community and with the
faith community-that crime is a moral and a spiritual value issue, and so
obviously the faith community should have as much influence on this as
suppression alone would have. He stated that what he wanted to underline was
what Mr. Dolan and Ms. Olguin had to say with regard to the broader aspects of
intervention and prevention as well.
Phil Savage, a local attorney, stated that he has served on a few different citizen
advisory committees during his tenure here in San Bernardino, and he wanted to
comment on the citizen's committee issue because he thought it was very
important. He stated that the advisory committees he has served on have had
tenures of quite a length of time. However, it seemed to him that what we are
talking about here are issues that need to be developed by the professional staff
of the City, the wise Councilpersons with the assistance of our Mayor, and that
the purpose of the committee that will be providing the audit and oversight is to
do just that-it is not to be the policymaking committee. He stated that he
thought the citizens trusted their elected leaders and staff to do that. He stated
that we need to be moving on these issues of fighting crime in this town rapidly
27 01/08/2007
and not get bogged down on getting committees developed. He stated that the
Council needs to develop the policies, and the staff should develop the
procedures and implement them and have the citizens oversight committee be
just that, to make sure that everything is going in the right direction.
Council Member/Commissioner Brinker stated that he thought there was a
misperception that he was not in favor of youth programs, and he wanted to
clarify that. He stated that he is a middle school teacher and has lived his life
with the youth of our community, and he believes in the value of those
programs. In fact, he would double the amount being spent on youth programs;
however, he wouldn't use just Measure Z money.
Mr. Brinker stated that he had been told that last year the City used CDBG
money in the amount of about $300,000 for our police force. Since we are not
going to need that CDBG money going forward, because we are going to have
Measure Z money, he would suggest that the CDBG money blocked out for law
enforcement be transferred over and use that money for youth programs.
He stated that he has some different ideas about youth programs-not
necessarily the ones mentioned in the plan. He stated that he would love to see
us push for the PAL centers, and he would love to see expansion of the Police
Explorers and Fire Explorers.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
approve the request from the Chief of Police to purchase equipment needed to
outfit ten police vehicles for a total cost of $304,600, as outlined in the staff
report dated January 4, 2007, from the City Manager's office.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
City Clerk Clark read the motion made by Council Member/Commissioner
Kelley, seconded by Council Member/Commissioner Brinker to refresh
everyone's memory.
Council Member/Commissioner McCammack asked if they could add to the
motion that the Council take the recommendations that were made this evening,
compile adocument-because she thought they all have done their own
individual homework, and she heard a lot of good ideas that maybe hadn't been
heard up to this point-and maybe also with that document get the questions
answered that were asked this evening before they are able to reconvene so they
have enough information to have done some work and then continue the work.
zs of/oaizoo~
Mayor/Chairman Morris noted that there were so many questions asked that a
better way to have the questions answered would be to have individual Council
members talk with the Chief, talk with the City Manger, talk with the Mayor's
office about these issues and not attempt to document this in a way that creates a
report that is going to be monumentally heavy in preparation and possibly not
that useful in its ultimate form.
Council Member/Commissioner Kelley stated that as the maker of the motion he
understood what the Mayor was trying to do, and he agreed with the Mayor; but
unfortunately, because of the Brown Act they couldn't all communicate with
each other. However, by compiling that document they could all have one
document to read through and get some of those questions answered.
City Manager Wilson stated that he was going to suggest a couple of things.
First, relative to the Citizens Oversight Committee, there was already an action
to appoint committee members, and he would urge the Council members to do
so as soon as they reasonably can-hopefully by the next Council meeting so
they can begin to get the committee organized and begin to move that forward.
Secondly, his suggestion would be that he and the Chief spend time with the
Council members. He stated that there had been a lot of discussion and good
dialogue tonight, but he thought staff needed time to sit down and talk with each
member of the Council individually to make sure that it is very clear the
direction we are moving. He stated that he had a lot of notes and there had been
a lot of questions, and he needed time with the Council members to work
through the issues so that when staff comes back to the Council in a month or
so, they can give the Council a nice concise document that lays out and
addresses all the issues that came up today.
Council Member/Commissioner Brinker stated that he had actually created a list
of what he would like his spending priorities to be, and since this is an open
meeting, he would like to go ahead and share that at this time-that way staff
will know what his priorities are, and if they are looking to add them into their
plan they can certainly do so.
Council Member/Commissioner Estrada stated that she thought they owed the
Chief of Police a better sense of where they were going as a Council, because
the Mayor and the Chief gave the Council a proposed plan tonight and they
didn't act on the whole plan; and she, as an individual, would certainly like to
know where her colleagues want to go with this. She asked whether the other
members were looking to approve pazt of this plan, add to it so that the Chief
knows that there would be something happening in the next 30 days, or
something to that effect, or are they talking about really looking at the whole
picture.
29 01/08/2007
Mayor/Chairman Morris stated that he was not uncomfortable at where they had
arrived this evening-that it had been a really helpful dialogue with the Council,
and he hoped the Chief and the City Manager felt equally encouraged by this
dialogue. He stated that there were some good ideas on the table tonight, and
the Council members had not in any way eschewed the constructive opening
gambit of this dialogue with the Chief, the Mayor, and the City Manager. He
noted that the Council had approved a critical contract to lease the chopper for
the additional six months, they had allocated resources to put the cars on the
streets at the earliest possible date, and they were making progress here. He
inquired whether Chief Billdt felt comfortable with where they were right now.
Chief Billdt stated he felt very comfortable and appreciated the Council's
support in giving him the helicopter to sustain the program and giving him the
cars to put out in the field. He stated that he was going to continue
implementing the strategies that have been set forth, and they could wait a
month.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued for one month and
come back with a plan to implement the Measure YY component and get some
recommendations from the Committee members -and maybe take a working
document from that point.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
34. Request from former Police Detective Gina Meyer for payment of lifetime
medical expenses
Assistant City Attorney Easland advised that Ms. Meyer had contacted City
Attorney Penman in October and December of 2006 requesting assistance in
seeking help from the City to assist her in paying her medical premiums. She
explained that Ms. Meyer was a 16-year veteran of the Police Department when
she was compelled to take an industrial retirement due to a brain tumor. At that
time her prognosis was a life expectancy of three months, she had a 2 year old
and a 3Yz year old, and she felt compelled to resolve her ongoing Workers'
Compensation case and take an industrial retirement in light of her prognosis
and wanting to get all she could for her children. As it turns out, she is still
with us, but has ongoing medical expenses that she did not expect to have-the
premiums and the co-payments. Therefore, she contacted Mr. Penman to place
her request for assistance from the City on the agenda.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council grant the
30 01/08/2007
request from former Police Detective Gina Meyer to pay 100 percent of her
lifetime medical expenses, which would also maintain and strengthen the morale
of the City's police officers and other City employees.
City Manager Wilson advised that he would recommend that the Council
approve recommended motion #2, which would be to approve the payment of
Ms. Meyer's monthly medical insurance premiums for a period not to exceed
three years. He stated that he felt it would be a reasonable solution in light of
the current situation.
Council Member/Commissioner Baxter stated that he wanted the public to
understand the rudimentary cause of where this all stems from-the Duffy Street
train derailment approximately 18 years ago when toxic chemicals were spilled
in our city and Ms. Meyer was one of four first responders, and the other three
have all passed away from cancer.
Ms. Easland added that Ms. Meyer also ascertains that while working narcotics,
on a number of occasions she had methamphetamines thrown into her face, and
although she is not an expert on Workers' Compensation law, it is her
understanding that cancer is a presumptive industrial injury for a police officer.
Council Member/Commissioner McCammack stated that a potential middle
ground for the Council to consider due to the historical background on this case
and the position Ms. Meyer has been put in financially, is not only the insurance
premiums and co-pays that she is required to pay, but she is also having to pay
out-of-pocket $5,000 a year for MRIs, which has also become a financial burden
for her. She stated that she felt it was only fair that if the City can pay out some
of the medical retirements that they do pay, that the Council could at least
consider this item in the nature that they are. She stated that she would like to
suggest, as a potential secondary option for Ms. Meyer, that the Council
consider adopting motion #2-paying Ms. Meyer's entire monthly medical
insurance premiums for a three-year period (and the matter could be re-
considered at the end of that time), and that they consider giving her an
additional $5,000 a yeaz to pay for the M1tIs.
Mayor Morris stated that it is important to note that this is essentially a gift of
public resources, and that for the lifetime benefit, staff has no ability to calculate
that obligation on behalf of the City. However, the obligation for funding the
premiums only for athree-year period as provided under motion #2 would be a
little under $15,000, and provides the Council with an opportunity to look at
this issue again at the end of the three years.
Council Member/Commissioner Kelley amended his motion, seconded by
Council Member/Commissioner McCammack, that the Mayor and Common
Council grant the request from former Police Detective Gina Meyer to pay 100
percent of her lifetime medical expenses, which would also maintain and
31 01/08/2007
strengthen the morale of the City's police officers and other City employees,
with up to an additional $5,000/year for required MRIs.
Council Member/Commissioner Derry stated that while the current
circumstances are unusual, the awarding of lifetime medical expenses for
someone injured in their duties is not unusual at all in the City-in fact, it is
commonplace, particularly in our public safety services. He stated that there is
nothing unusual about this, and the Ciry does this on a regular basis for officers
injured in the line of duty and permanently disabled.
Ms. Meyer provided an overview of her career as a police officer and the events
leading up to her request for the City to pay her medical expenses. She
reiterated that she was given anywhere from three days, to three weeks, to three
months to live, and this created a great urgency for her to accept the best deal
on the table at the time for providing for her young children.
Regarding whether this was a gift of public funds, Ms. Easland stated that based
upon her research she felt comfortable that the Mayor and Council have the
legal justification to do what they are doing. She stated that the prohibition of
giving a gift of public funds is found in the California Constitution, and it is
Article 16, Section 6. She stated that this has been held not to apply to charter
cities, and she cited two leading Supreme Court cases which support this action
by the Mayor and Council. She stated that the courts have also recognized
actions taken by a legislative body to strengthen and maintain employee morale,
which this would certainly do, as well as the recruitment benefits of taking such
action; and PR benefits have also been recognized by the courts as a legitimate
public purpose.
The amended motion made by Council Member/Commissioner Kelley, seconded
by Council Member/Commissioner McCammack, that the Mayor and Common
Council grant the request from former Police Detective Gina Meyer to pay 100
percent of her lifetime medical expenses, which would also maintain and
strengthen the morale of the City's police officers and other City employees,
with up to an additional $5,000/year for required MRIs, carried by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
35. Public Cortmtents
Jim Smith, 1156 East 24`" Street, San Bernardino, CA challenged the leaders of
the City to again be recognized as an "All American City" as they were in
1976. He stated that the Chamber of Commerce, the Elks, and the Native Sons
of the Golden West would be anxious to participate in moving towazd this goal.
He also noted that Flag Day in the United States and Flag Day in California are
both celebrated on June 14 and invited the Mayor and members of the Council
32 01/08/2007
to represent the City on June 14, 2007, at the Flag Day celebration sponsored
by the Native Sons and the Elks.
36. Adjournment
At 7:22 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, January 22, 2007, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
/City Clerk
By: 0~~-~-`~- ~ ~yl ~'~
Linda E. Hartzel
Deputy City Clerk
No. of Items: 36
No. of Hours: 5.75
33
01/08/2007
CITY OF SAN BERNARDINO
300 N. "D "Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Bazter
Tobin Brinker
Nei! Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 22, 2007
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community Development
Commission, and San Bernardino City Housing Authority of the City of San Bernardino
was called to order by Mayor/Chairman Morris at 1:36 p.m., Monday, January 22,
2007, 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, Brinker,
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):
Jennifer Carrigan v. San Bernardino Police Department, et al. -San
Bernardino Superior Court Case Nos. SCVSS 137135 and SCVSS
140033;
1 01/22/2007
People of the State of California et al. v. Manta Management Corps -
San Bernardino Superior Court Case No. SCVSS 117285;
San Bernardino City Professional Firefighters Union Local 891 et al. v.
Larry Pitzer, et al. -United States District Court Case No. EDCV 00473
VAP (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: One Case
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.
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:
Mid-Management .Unit
G. Conference with real property negotiator -pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under Agenda Item No. lA, Existing Litigation:
Cal Osha v. City of San Bernardino, Public Services Fleet Division,
Inspection No. 307460444;
Under Agenda Item No. 1B, Significant Exposure to Litigation: Garrett
Zimmon disability retirement.
2 01/22/2007
Closed Session Announcement
City Clerk Clark announced that in closed session a motion was made by Council
Member/Commissioner Kelley, seconded by Council Member/Commissioner Johnson
approving the retention of Arlene Prater, Esq. of the law firm of Best, Best & Krieger at
the hourly rate of $250 to defend the City's position in the matter regazding the Garrett
Zimmon disability retirement.
The motion cazried by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None.
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, Community
Development Commission and San Bernardino City Housing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Mr. Verne Schweiger of the Diocese of San Bernardino,
followed by the pledge of allegiance, led by Stephanie Jimenez, a fifth grade student at
Ramona Alessandro Elementary School.
Moment of Silence
Mayor Morris expressed condolences to the families and requested a moment of silence
in memory of Joe Margolis, market manager for San Bernardino's Market Night; Donald
T. Wright, owner and operator of Wright and Walker Tire and Auto Supply for 35 years
and resident of San Bernardino for 65 years; Susan Zinn, wife of Reverend Rob Zinn,
pastor of Immanuel Baptist Church; and Refugio "Cuca" Hernandez, a local business
owner for 15 years, a volunteer for Casa Ramona and the Home of Neighborly Services
for nearly 30 years and a resident of San Bernardino for nearly 70 years.
2. Appointments - Measure Z Citizens Oversight Committee
• Rafael R. Rawls -Council Member Johnson
• Marlene Evans -Council Member Kelley
• Susan Lien Longville -Council Member Baxter
• John N. Maxwell -Council Member McCammack
Daniel Gonzalez -Board of Police Commissioners -Council Member Brinker
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the appointments of Rafael R. Rawls,
Marlene Evans, Susan Lien Longville, and John N. Maxwell, to the Measure Z
Citizens Oversight Committee, as requested by Council Members/Commissioners
Johnson, Kelley, Baxter, and McCammack; and Daniel Gonzalez to the Board of
Police Commissioners, as requested by Council Member/Commissioner Brinker,
be approved.
3 01/22/2007
The motion carried by the following vote: Ayes: Council Members/.
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
3.
4.
5
Presentations
Council Member/Commissioner McCammack honored Nicholas Austin and
Steven Janzen for achieving the rank of Eagle Scout.
Council Member/Commissioner Kelley presented resolutions of commendation to
Jack Reilly and Freddie Spellacy in recognition of their outstanding service to the
citizens of the City of San Bernardino.
In commemoration of their 30`" anniversary, Omnitrans Executive Director
Durand Rall, and Director of Marketing Wendy Williams, gave a brief
presentation of current services and future plans.
The following individuals were presented a service pin award by Mayor Morris in
recognition of their many years of dedicated service to the City.
Name
Edna DiVellis
Mirela Grigoreseu
Linda South
Ken Mosely
Michael Eckley
Helen Gardner
John Baeza
Linda Ceballos
Craig Woodmansee Jr
Announcements
Department Years of Service
City Attorney 10
Development Services 5
Finance 10
Fire 25
Information Technology 15
Police 10
Public Services 40
Public Services 10
Public Services 10
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.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolutions and ordinances
on the regular agenda of the Mayor and Common Council and Community
Development Commission, be waived.
4 01/22/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, 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: December
4, 2006; and December 18, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated January 3, 2007, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated Januazy 22, 2007 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, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9. RES. 2007-19 -Resolution of the Mayor and Common Council of the City of
San Bernardino approving the hiring of Arias & Lockwood to represent the
City and any designated employee regarding the case entitled Mary Louise
Vargas, et al. v. City of San Bernardino, et al., United States District Court
Case No. EDCV 06-01402 VAP (JCRx).
5 01/22/2007
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-19 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2007-20 -Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odlum & Haws and the City of San
Bernardino in the case of Michael Desrochers and Steve Lowes v. City of San
Bernardino, et al.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-20 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. ORD. MC-1238 -Ordinance of the City of San Bernardino adding Chapter
3.27.105 to the San Bernardino Municipal Code to establish a storm drain
development impact fee, and amending Chapters 3.27.020 and 3.27.110 of
the San Bernardino Municipal Code. FINAL READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted.
Ordinance No. MC-1238 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. Item deleted
13. RES. 2007-21 -Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing execution of an Agreement with the City of San
Bernardino and the San Bernardino Black Culture Foundation for financial
assistance from the Civic and Promotion fund for FY 2006/07.
6 01/22/2007
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
request from the Black Culture Foundation for direct funding in the amount of
$4,500 and indirect funding in the amount of $20,022 be transferred from the
2006/07 Civic and Promotion fund to various City departmental accounts as listed
in the attached staff report dated January 8, 2007, from Fred Wilson, City
Manager; and that a waiver of fees and use of City personnel and equipment be
authorized to assist in the 2007 Black History Parade scheduled for February 3,
2007, be approved.
The motion carried and Resolution No. 2007-21 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. Budget adjustment to account for grant revenues funding the I-210 Corridor
Enhancement Plan
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2006/2007 budget by increasing Account No. 242-362-5504-7738
(I-210 Corridor Enhancement Plan) by $237,500 and making a corresponding
increase to revenue Account No. 242-000-4630 (State Reimbursement) to reflect
the $237,500 in grant funding from Caltrans.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
15. RES. 2007-22 -Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Subdivision Tract No. 16509-6
(Unit 6 -Lots 106 through 159) located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control
Channel, accepting the public dedications as set forth on said maps; and
authorizing execution of the standard form of agreement for the
improvements in said subdivisions, with time for performance specified.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-22 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7 ov22i2oo~
16. RES. 2007-23 -Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute Master Agreement No. 08-
5033R Administering Agency -State Agreement for Federal-Aid Projects
between the City of San Bernardino and the State of California Department
of Transportation.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-23 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2007-28 -Resolution of the Mayor and Common Council of the City of
San Bernardino approving an Overhead Agreement with Burlington
Northern Santa Fe (BNSF) Railway Company and County of San Bernardino
and the San Bernardino Associated Governments (SANBAG) for the
University Parkway grade separation project (CIP SSO4-52).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-28 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2007-24 -Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying submittal of an on-line grant application for the FY
2006 Assistance to Firefighters Grant Program: Fire Prevention and Safety
Grant to the Department of Homeland Security in the amount of $84,000.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-24 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2007-25 - Resolution of the City of San Bernardino rescinding
Resolution 2006-401 and re-authorizing the purchase of 29 Motorola XTS
2500 portable and 10 Motorola XTL 2500 mobile radios from Motorola, Inc.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
$ 01/22/2007
Resolution No. 2007-25 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCatnmack. Nays: None. Absent: None.
20. RES. 2007-26 -Resolution of the Mayor and Common Council of the City of
San Bernardino repealing Resolution No. 2006-365 and authorizing the
execution of an Agreement with the Sinfonia Mexicana for the promotion of
arts and culture.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-26 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. Resolution of the Mayor and Common Council authorizing the Mayor to
execute an Agreement between the City of San Bernardino and the Public
Safety Academy for use of the Norton Recreation Center Gymnasium for the
period of January 1, 2007 through December 31, 2007 and ratifying. all action
taken between January 1, 2007 and the approval of the Resolution.
Note: No resolution was distributed with the backup materials.
Staff indicated that there were some unresolved issues with this contract and
requested that the matter be continued for two weeks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of February 5, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
22. Naming of new park in honor of Freddie Spellacy
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council approve the
naming of a new park that is located in the University Park Homes Project, next
to Ash Street, in honor of Freddie Spellacy.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9 01/22/2007
23. Naming of new park in honor of President Ronald Reagan
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council approve
the naming of a new park that will be located in the Paraiso Estates, south of the
Chestnut Trail System, just below Irvington Avenue, in honor of President
Ronald Reagan.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
24. Naming of new park in honor of Jack Reilly
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council approve the
naming of a new park that will be located at the corner of Norma Lane and
Stephanie Avenue, in honor of Jack Reilly.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
25. RES. 2007-27 -Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and purchase
order to Rubberized Crackfiller Sealant, Inc. for crack-sealing throughout
the City of San Bernardino.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-27 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 16.12.110 relating to political signs and Section
16.12.150 relating to violation-penalty. FIRST READING
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be laid over for final
adoption.
10 01!22/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
27A. Street Sweeping Reorganization
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council:
Reclassify one (1) Electrician II, Range 1395, $3,183-$3,869 per month to Motor
Sweeper Operator, Range 1356, $2,621-$3,185;
Reclassify one (1) Maintenance Worker II, Range 1348, $2,518-$3,061 per
month to Motor Sweeper Operator, Range 1356, $2,621-$3,185;
Reclassify one (1) Administrative Clerk II, Range 1313, $2,115-$2,571 per
month to Administrative Operations Technician, Range 1376, $2,896-$3,520; and
Authorize the Director of Human Resources to update Resolution Nos. 6413 and
97-244 to reflect these actions.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
27B. Salary Adjustments for the HVAC Mechanic, HVAC Supervisor, and
Facilities Maintenance Supervisor in the Facilities Management Department
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council:
Adjust the salary for one (1) HVAC Mechanic from Range 1414, $3,500-$4,254
per month to Range 1434, $3,867-$4,700;
Adjust the salary for one (1) HVAC Supervisor from Range 2436, $3,906-$4,747
per month to Range 2446, $4,105-$4,990;
Adjust the salary for one (1) Facilities Maintenance Supervisor from Range 2452,
$4,230-$5,142 per month to Range 2462, $4,446-$5,405; and
Authorize the Human Resources Department to amend Resolution No. 6413 to
reflect these actions.
11 01/22/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
28. RES. 2007-29 -Resolution of the Mayor and Common Council authorizing
the Mayor to approve a Contractual Agreement between the City of San
Bernardino and KaBOOM! for services to purchase, plan, design and
construct acommunity-build playground located at Tom Minor Park.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-29 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Note: Council Member/Commissioner McCammack subsequently changed
her vote to an abstention. See page 14 for the 6na1 vote.
City Attorney Penman advised that his office did not sign this resolution. He
stated that playground equipment is the source of numerous injuries including
injuries that pazalyze and cause deaths, and whenever the City has purchased or
has been involved in acquiring playground equipment in the past, the vendor has
always agreed to enter into a mutual indemnification hold-hazmless agreement;
however, this group has refused to do so, which puts the City in a difficult
situation.
Mr. Penman noted that on page 5 of the agreement it states that, "It is agreed that
the City of San Bernadino will indemnify and hold harmless KaBOOM! and/or
the Funding Partner and their respective officers, directors, employees, or agents
from any and all claims, costs, expenses (including attorney's fees and
disbursements) or actions associated with this playground project from any claim
or action, including but not limited to claims and actions for personal injury,
death, or property damages resulting from the use of any playground property and
equipment, except to the extent resulting from any willful misconduct of
KaBOOM! and/or the KaBOOM! Funding Paztner."
Mr. Penman noted that on page 6, under Warranty, the agreement provides that,
"the playground equipment is covered under warranty by the selected playground
equipment company in accordance with its warranty policy. Upon request, a
copy of the warranty for the playground-equipment and the safety-surfacing will
be provided by the manufacturer(s) to the Community Partner." Mr. Penman
added that the request had been made, but the wazranty information had not yet
been received. He stated that the agreement also provides that "While
playground equipment and/oi• material manufacturers may provide a warranty
12 01/22!2007
with respect to their product, The City of San Bernardino acknowledges that
neither KaBOOM! or Funding Partner nor their respective officers, directors,
employees or agents, have made nor are in any manner responsible or liable for
any warranty, representation, or guarantee, express or implied, in fact or in law,
relative to any equipment or material, including but not limited to its quality,
mechanical condition or fitness for a particular purpose."
Mr. Penman advised that the agreement goes on to provide that "Notwithstanding
the foregoing, the City of San Bernardino shall be solely responsible for the
playground and its equipment upon certification of the playground."
Mr. Penman stated that the Mayor and Council need to understand that they will
be embarking on new territory if this is approved. He stated that he has not seen
the warranties yet, and that this will be the first time we have entered into an
agreement whereby we have not had a mutual indemnification hold-harmless
provision. So should a child be injured, which is likely, Mr. Penman stated that
the burden will be on the City and the City Attorney's Office will do what they
can under legal principles, but to go after the manufacturer without an agreement
between us and the manufacturer, holding the manufacturer responsible, the entire
burden could fall on the taxpayers.
Council Member/Commissioner McCattlmack asked if there was any other way to
go through another vendor.
City Manager Wilson stated that it was his understanding that this grant is
provided through KaBOOM! and those are the terms of this deal He pointed out
that this is not a guarantee yet, it is a competitive process, and they are hoping
that they will find out who was selected sometime this week. He stated that it is
unusual that they require the procedure to be done this way, but that's how
KaBOOM! operates in other cities, and they have given these grants to cities
throughout the nation.
Council Member/Commissioner McCammack stated that her concern was not that
this wasn't a wonderful grant opportunity, but it would leave the taxpayers on the
potential hook, which they have never done before. She stated that it's not that
she couldn't support the grant or new playground equipment, she just did not
think it was a wise move for the City to make if they would be leaving the
taxpayers on the hook for a potential lawsuit. Therefore, Mrs. McCammack
stated that she wanted to change her previous vote and that she would abstain
from voting on this matter.
Mayor/Chairman Morris stated that they should not become discouraged. He
stated that this was a wonderful project that would provide a substantial stipend
with a very modest match by the City for playground equipment that appears to
be a well articulated, well designed structure.
13 01/22/2007
Council Member/Commissioner McCammack stated that she was not
discouraging her colleagues from applying for the grant. She stated that if we
vary from past practice, then new vendors would come along expecting us to do
the same and then we would continue to make those types of decisions. She
added that she had decided that it wouldn't be fair to the taxpayers.
Council Member/Commissioner Estrada stated that those issues were considered
at the committee level and they believed that it would not hurt to proceed with the
project at this time. She stated that there is some additional investigation that is
being done by the Ciry Manager's Office to get more information from those
cities that have received these types of grants. Obviously, there is always the
opportunity to not sign on the dotted line if they found out that there was
something exceptional that might bring harm to the City.
City Attorney Penman stated that the one thing that is different about this grant
from any other grant he has ever seen before is that they require us to approve the
language of the agreement before we enter into the agreement and before they
make the decision to give the grant.
Resolution No. 2007-29 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Abstentions: Council Member/Commissioner McCammack.
Absent: None.
29. Public meeting -formation of a Landscape Maintenance Assessment District
in the Belmont Avenue and vacated Chestnut Avenue area (AD 1052, Tract
No. 16795)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the public meeting relative to the
formation of a Landscape Maintenance Assessment District in the Belmont
Avenue and vacated Chestnut Avenue area (AD 1052, Tract No. 16795) be
closed; and protests and ballots, if any, be carried over to the public hearing on
February 5, 2007, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
14 01/22/2007
30. Appeal hearing -Danny's Towing -decision by San Bernardino Police
Department to suspend towing contract for 30 days effective January 8, 2007.
(Continued from January 8, 2007)
Council Member/Commissioner McCammack stated that she would abstain on
this matter because Darmy's Towing is one of her clients. She left the Council
Chambers and returned after the vote was taken.
The hearing remained open.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None.
Abstentions: Council Member/Commissioner McCammack. Absent: None.
31. Authorize the Director of Development Services to execute Contract Change
Order No. One to the contract with Oak Engineering, Inc. for traffic signal
improvements at 5`h Street and "F" Street (TC04-16); 30`" Street and "E"
Street (1'C04-17); Highland Avenue and "E" Street (T'C04-21), per Project
Plan No. 11176 (Continued from January 8, 2007)
Council Member/Commissioner McCammack stated that she would abstain on
this matter because this particular vendor is going to be doing work within 500
feet of her business. She 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 Director of Development Services be
authorized to execute Change Order No. One in the amount of $32,929.90 to a
contract with Oak Engineering, Inc. for traffic signal improvements at 5'" Street
and "F" Street (TC04-16); 30~' Street and "E" Street (TC04-17); Highland
Avenue and "E" Street (TC04-21) per Project Plan No. 11176.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None.
Abstentions: Council Member/Commissioner McCammack. Absent: None.
15 01/22/2007
32. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a Management Services Agreement between
the City of San Bernardino and For the Game, LLC to provide management
services at the San Bernardino Soccer Complex for the period of January 1,
2007 through December 31, 2012. (Continued from January 8, 2007)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
33. RES. 2007-30 -Resolution of the Mayor and Common Council of the City of
San Bernardino, approving in concept, the Redlands Passenger Rail Station
Area Plans Report. (Item referred from December 4, 2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted; and that
staff be directed to explore options for implementing the Redlands Passenger Rail
Station Area Plans Report.
The motion carried and Resolution No. 2007-30 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
34. RES. 2007-31 -Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute Agreements with the State
Board of Equalization for implementation of a Local Transactions and Use
Tax.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-31 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Mayor/Chairman Morris stated that there was a speaker on this subject.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, to rescind the prior vote to allow the
speaker to comment.
16 01/22/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
Pastor T. Elliott, 1895 Del Rosa, San Bernardino, CA, stated he applauded the
effort made by the Mayor and Council in organizing the Oversight Committee.
He stated that this was a hard piece of legislature to get through some areas of the
City. Mr. Elliott stated that he wants to see accountability-he wants to see the
money come back into the community the way it was previously allocated.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2007-31 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Kelley.
COMMUNITY DEVELOPMENT COMMISSION
Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City
Clerk Clark, Economic Development Agency Executive Director Pacheco and Special
Counsel Sabo. Absent: None.
R35. Public hearing -Housing Component of the Five (5) Year Implementation
Plan (Continued from December 18, 2006)
RES. CDC/2007-I -Resolution of the Community Development Commission
of the City of San Bernardino adopting the Redevelopment Agency's Five (5)
Year Housing Implementation Plan for the Agency's Redevelopment Project
Areas (Housing Component 2004/05 - 2008/09 and Ten (10) Year Affordable
Housing Compliance Plan).
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, provided
highlights of the staff report. She recommended that the Council adopt this plan
with the understanding that it is subject to change, it does not bind the
commission, it simply is a basis for looking at numbers and it creates a
foundation for the number of units and housing funds that will be available over
the next ten years, recognizing that those numbers may change subject to
development in each of the respective project areas.
17 01/22/2007
Council Member/Commissioner McCammack stated that she would abstain due to
the fact that her business is located within the Uptown Redevelopment Area. She
left the Council Chambers and returned after the vote was taken.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. CDC/2007-1 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council
Member/Commissioner McCammack. Absent: None.
R36. Joint Public hearing -Disposition of vacant property located at the northerly
terminus of Little League Drive and north of Nancy Lane -north Verdemont
area
RES. 2007-32 -Resolution of the Mayor and Common Council of the City of
San Bernardino (1) accepting the City of San Bernardino Board of Water
Commissioner's recommendation declaring the property located at the
northerly terminus of Little League Drive and north of Nancy Lane (1.345
acres APN: 0348-121-18) ("Property") and declaring said Property Surplus
Property; (2) approving and authorizing the Mayor to execute that certain
Purchase and Sale Agreement ("Agreement") by and between the City of San
Bernardino (`City") and the Redevelopment Agency of the City of San
Bernardino ("Agency") related to said Property; and (3) consenting to the
sale of said Property by the Agency to GFR Enterprises, Inc. (Rancho Line,
LLC). (R36A)
RES. CDC/2007-2 -Resolution of the Community Development Commission
of the City of San Bernardino approving (1) that certain Purchase and Sale
Agreement by and between the City of San Bernardino ("City") and the
Redevelopment Agency of the City of San Bernardino ("Agency") related to
the property located at the northerly terminus of Little League Drive and
north of Nancy Lane (1.345 acres APN: 0348-121-18) ("Property"); (2) that
certain Purchase and Sale Agreement by and between the Agency and GFR
Enterprises, Inc. (Rancho Line, LLC) related to the Property; and (3)
authorizing the Agency Executive Director to execute said Purchase and Sale
Agreements. (R36B)
Mayor/Chairman Morris opened the hearing.
18 01/22/2007
Maggie Pacheco, Economic Development Agency Executive Director, stated that
the Water Board had declared the 1.345 acres as surplus property and they wished
to sell it to the Agency and simultaneously the Agency had arranged for the parcel
to be purchased by GFR who will use a portion of the parcel for one lot in a 76-
unit subdivision and the majority of the parcel will be used for public right-of-
way purposes, a street and open space.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolutions A&B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2007-32 and
Community Development Commission Resolution No. CDC/2007-2 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
R37. Joint public hearing -Amendment No. 2 to the 2005 Meadowbrook Single-
Family Residential Development Agreement with Meadowbrook Park Homes,
Inc. (IVDA Redevelopment Project Area)
RES. 2007-33 -Resolution of the Mayor and Common Council of the City of
San Bernardino consenting to the disposition of certain Agency Lots located
at 151 and 161 East 2nd Street, and 163 and 171 North Allen Street by the
Redevelopment Agency of the City of San Bernardino ("Agency") pursuant
to Amendment No. 2 to the 2005 Meadowbrook Single-Family Residential
Development Agreement by and between the Agency and Meadowbrook Park
Homes, Inc. (IVDA Redevelopment Project Area) (R37A)
RES. CDC/2007-3 -Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute Amendment No. 2 to the 2005 Meadowbrook Single-
Family Residential Development Agreement ("Amendment No. 2") by and
between the Agency and Meadowbrook Park Homes, Inc., and making
certain findings and determinations related to said Amendment No. 2 (IVDA
Redevelopment Project Area). (R37B)
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, stated that
this amendment will address the conveyance of four parcels to Meadowbrook
Homes to build four additional homes in the Meadowbrook revitalization area. In
addition, it will amend the Schedule of Performance to allow ANR time to
19 01/22/2007
complete these homes by December 31, 2007, and it will also extend the
Downpayment Assistance to its buyers of these four new homes.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolutions A&B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2007-33 and
Community Development Commission Resolution No. CDC/2007-3 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
R38. Hearing -Resolution of public interest and necessity for acquisition of real
property at 100, 114 and 122 N. Allen Street -Bonnie S. Johnson
RES. SBHA/2007-1 -Resolution of the San Bernardino City Housing
Authority declaring the Public Interest and Necessity of Acquisition of Real
Property by the San Bernardino City Housing Authority over the property
located at 100, 114 and 122 North Allen Street, San Bernardino, California
(Bonnie S. Johnson - APNs: 0135-292-49, 50 and 51 respectively) (IVDA
Redevelopment Project Area - Meadowbrook Neighborhood Restoration
Area).
Council Member/Commissioner Johnson stated that he would abstain on this
matter because the property is owned by his aunt, who is also his employer. He
lefr the Council Chambers and returned after the vote was taken.
Maggie Pacheco, Economic Development Agency Executive Director, stated that
this was a hearing for the property owner to present any information that might be
relevant to the potential taking of the affected parcel. She stated that staff very
thoroughly documented the background and the history related to the Agency's
efforts to acquire this pazticular property. They also documented that on various
occasions they attempted to work with the property owner to develop the property
and that did not prove to be successful. Ms. Pacheco stated that the property
owner, under the owner participation agreement that was approved by this board,
defaulted and did not perform so the parcels continue to remain vacant at the
corner of Allen Street and Rialto Avenue. She stated that the Agency attempted
to purchase the property, but again they were not successful. Ms. Pacheco
advised that the Agency is now at an impasse and is asking the Council to adopt
the resolution so they can move forward with the condemnation to acquire the
property to ensure that the property is developed in accordance with the
Meadowbrook revitalization plan that was approved by this commission.
20 01/22/2007
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Bonnie Johnson, sole owner of the property, stated that she has a buyer for the
property and it was her understanding that he received a letter of credit for $2
million to purchase the property.
Alton Curtis Green stated that he is purchasing the property from Bonnie
Johnson and that he had met with the Economic Development Agency (EDA)
recently in reference to the property. He stated that he understood that the
property was under condemnation and he was told to be here for the hearing this
evening. Mr. Green stated that at that time, EDA had asked him to gather
several documents together in order to purchase this property. He stated that at
this time he has a full set of plans that were approved by EDA and the City of
San Bernardino, he has the necessazy permits, he has a receipt for the fees paid to
the School Board, he has a line of credit for $1 million to do the development on
the three properties at 100, 114 and 122 North Allen Street, and he has a full staff
that is ready to go to work.
Mayor/Chairman Morris stated that this declaration of public interest and
necessity did not foreclose the possibility of working with Ms. Pacheco and the
EDA staff to this very end, which they have been trying to reach for some time.
Ms. Pacheco stated that the Mayor was correct in his statement. She indicated
that she had a discussion with Mr. Green and told him that it would be incumbent
upon him to document his capability to perform the financing and obtain the
appropriate permits, etc. She stated that she had some partial information that
had not been substantiated at this point in time, so the Agency is in the process of
reviewing the documentation that Mr. Green had provided. Ms. Pacheco stated
that given the history of the prior purchaser of the property, who was under
contract with Mrs. Johnson to purchase and develop the property at one time and
did not perform, and, in fact, defaulted under the contract with Mrs. Johnson,
and in the interest of proceeding expeditiously with this acquisition, she stated
that she would like to see the Council adopt the resolution with a caveat that if
staff has received substantial evidence that leads them to believe that Mr. Green is
capable of performing financially and is able to carry out the new development in
accordance with their approved plans, then the Agency would not institute the
eminent domain.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted, with a caveat that
if the purchaser of the property, Alton Curtis Green, can provide substantial
evidence that he is capable of performing financially and is able to carry out the
development in accordance with the approved plans, then the Agency will not
institute eminent domain.
21 01/22/2007
The motion carried and Resolution. No. SBHA/2007-1 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, McCammack. Nays: None. Abstentions: Council
Member/Commissioner Johnson. Absent: None.
R39. Funding for month-to-month Lease Agreement for the Operation Phoenix
Headquarters located at 1450 North Waterman Avenue (IVDA
Redevelopment Project Area)
Maggie Pacheco, Economic Development Agency Executive Director, stated that
part of the success of the Operation Phoenix program has to do with centralizing
all the various services that were needed in the given geographic area that they
are working in. She stated that they identified the north Waterman site for that
purpose and made arrangements to lease the premises on a month-to-month basis.
Ms. Pacheco stated that her signature authority to expend resources for that lease
ended in December, so she has to ask the Council to ratify the expenditure on
this. She stated that the funding of $48,000 would allow them to keep the
operation of the headquarters open until July 18, 2007, and during that timeframe
staff will develop a sustainability plan that will be addressed at the workshop that
will take place in February.
Council Member/Commissioner McCammack stated that she noticed in the
backup that there are other agencies that share space; namely, the Superintendent
of Schools, the Crisis Team, the School Police Department, Youth Services,
other county agencies such as Public Health, Behavioral Health, Juvenile
Probation, some community/church organizations, Federal Departments and State
Offices.. She asked if any of these other agencies had been asked to help pay for
this lease.
Ms. Pacheco stated that they had not. She stated that they are providing a service
at no cost to the community and the decision was that their contribution would be
in the form of providing a central location.
Council Member/Commissioner McCammack asked what other items had been
funded with neighborhood improvement program monies.
Ms. Pacheco stated that to the best of her recollection they appropriated
something like $132,000 to Parks and Recreation sometime last winter.
Ms. McCammack stated that she was talking about other neighborhood
improvement project monies like the one Mrs. Longville spearheaded when she
was on the Council.
Ms. Pacheco stated that in neighborhood initiative target area No. 1, which is
contiguous to the Operation Phoenix area and is commonly referred to as NIP
No. 7, they expended in excess of $2 million from the NIP Fund.
22 01/22/2007
Ms. McCammack asked what was funded with that money.
Ms. Pacheco stated that they primarily funded beautification, infill development,
infrastructure, the purchase of HUD repos, and demolition. Ms. Pacheco stated
that federal dollars were received from HUD and appropriated to the County of
San Bernardino who then appropriated them to the City of San Bernardino and to
other cities.
Ms. McCammack stated that some of the Council Members have been
questioning the expenditures they have been asked to approve through the
Operation Phoenix strategy and that strategy has obviously been working based
on news reports and information coming from the Mayor's Office. She formally
requested the results of the original survey that was taken in that 20-block azea,
the results of the most current survey that several code officers passed out this
past Saturday, and how much was spent from 6/1/06 to 12/31/06 and for Januazy
of 2007, and on the Operation Phoenix Program from its inception date including
Police, Fire, Code, Refuse, Parks and Recreation, the Mayor's Office and other
City staff not mentioned in the above departments including any Economic
Development Agency funds and other General Fund monies and separated out
grant monies. Ms. McCammack stated that she was asking for this information
tonight so she would not have to ask for it again during the workshop, and
because that information has not been forthcoming to this point, she indicated that
she would abstain from voting on this matter.
Mayor/Chairman Morris assured Ms. McCammack that she would receive a
complete and detailed presentation on Operation Phoenix at the workshop in
February including budget expenditures.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the Community Development Commission of
the City of San Bernardino authorize and approve additional funding in the
amount of $48,000 for the month-to-month Lease Agreement (ending July 18,
2007) for the Operation Phoenix headquarters located at 1450 North Waterman
Avenue.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None.
Abstentions: Council Member/Commissioner McCammack. Absent: None.
23 01/22/2007
PLANNING
40. Hearing -Appeal No. 06-15 -Appeal of Planning Commission approval of
Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to
request elimination of a mitigation measure requiring a fair-share
contribution to the long-term operation and maintenance of the Verdemont
Fire Station -project site is located on the south side of Industrial Parkway
between Cable Creek and Devil Creek in the IH, Industrial Heavy land use
district (Continued from December 4, 2006)
The hearing remained open.
Mayor/Chairman Morris stated that the appellant had requested atwo-week
continuance.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of February 20, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry.
41. Public Comments
Margaret Newman, 460 W. 36'" Street, San Bernardino, CA, stated that because
of the removal of the bus stop at 36`" and "E" Streets, she now has to walk down
to 34'" and "E" Streets, which is very dangerous. She stated that the City should
provide some type of transportation for the elderly and the disabled that live in
the area. She also voiced her concerns about the uneven sidewalks on "E" Street.
William Annabi, 1534 W. Highland, San Bernardino, CA, spoke regarding the
growing number of cellular sites in the northwest part of the City.
James Smith, 1156 E. 24'~ Street, San Bernardino, CA, extended an invitation to
the Mayor and Council to attend their annual Flag Day ceremony at the Elks
Lodge on June 14, 2007.
Reverend Reginald Beamon, 1730 W. Gilbert Street, San Bernardino, CA,
invited the public to attend apre-screening of a documentary about the evolution
of gangs that will be shown on January 23, 2007, at 12:30 p.m. in the Bing Wong
Room at the Feldheym Library, and will also be shown on HBO on February 6,
2007.
24 01/22/2007
Mr. Beamon also voiced his concerns about the lack of lighting on the west side
of the City. He stated that the light poles are there, but there aren't any lights, so
it is very dark. He stated that there are four lights out at the intersection on
Magnolia and also at Medical Center in Highland.
42. Adjournment
At 6:25 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, February 5, 2007, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
~~
By •~. v~~
Linda Sutherland
Deputy City Clerk
No. of Items: 42
No. of Hours: 5
25 01/22/2007
e
CITY OF SAN BERNARDINO
300 N. "D"Street
San Bernardino, CA 92418
Website: www.sbcity.org
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
FEBRUARY 15, 2007
MANAGEMENT INFORMATION CENTER
6T" FLOOR CITY HALL
Mayor Patrick J. Morris
Courscil Members:
Esther Estrada
Dennis Baxter
Tohin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
This is the time and place designated for a joint adjourned regular meeting of the
Mayor and Common Council and Community Development Commission of the City of
San Bernardino from the joint regular meeting of the Mayor and Common Council and
the Community Development Commission held at 1:30 p.m., Monday, February 5,
2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
The City Clerk has caused to be posted the order of adjournment of said meeting held
on Monday, February 5, 2007, and has on file in the office of the City Clerk an
affidavit of said posting together with a copy of said order which was posted at 1:00
p.m., Tuesday, February 6, 2007, on the City Hall breezeway bulletin board.
The joint adjourned 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 4:05 p.m., Thursday, February 15, 2007, in the
Management Information Center of City Hall, Sixth Floor, 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 Baxter, Brinker, Derry, Kelley,
Johnson, McCammack; Sr. Assistant City Attorney Calkins; City Manager Wilson;
City Clerk Clark. Absent: Council/Commissioner Member Estrada.
~ 02/15/2007
~I
Council Member/Commissioner Estrada arrived
At 4:15 p.m., Council/Commissioner Estrada arrived at Council/Commission meeting.
City Attorney Penman arrived
At 4:31 p.m., City Attorney Penman arrived at Council/Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
City of San Bernardino v. San Bernardino Stampede et al. -San
Bernardino Superior Court Case No. SCVSS 137723.
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:
Diamond Creations v. City of San Bernardino
C. Conference with legal counsel -anticipated litigation -initiation of
litigation -pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session -personnel -pursuant to Government Code Section
54957.
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:
General Unit
Mid-Management Unit
San Bernardino Management/Confidential Unit
2 02/15/2007
G. Conference with real property negotiator -pursuant to Government Code
Section 54956.8.
2. Adjournment
At 5:27 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., Tuesday, February 20, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
a-a-~.c.~. ~ ~.oti~e..
achel G. Clark
City Clerk
No. of Items: 2
No. of Hours: 1.5
3 02/15/2007