HomeMy WebLinkAbout03-05-2007 MinutesSan
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. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 5, 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 1:37 p.m., Monday, March 5, 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 Baxter, Brinker, Derry,
Johnson, MCC9mmack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Members/Commissioners Estrada, Kelley.
Council Member/Commissioner Estrada Arrived
At 1:40 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commission meeting.
Council Member/Commissioner Kelley Arrived
At 1:52 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
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People of the State of California, et al. v. Eduardo Tamayo, et al. - San
Bernardino Superior Court Case No. SCVSS 141888.
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:
Inland Communities Corp. v. City of San Bernardino, et al. (Paradise
Hills)
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino and Redevelopment Agency of the City of San
Bernardino v. LNR San Bernardino, LLC, the Upham Family Trust; El
Corte Ingles, et al.
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(s):
General Unit
Mid -Management Unit
San Bernardino Management/Confidential Unit
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.
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Invocation/Pledge of Allegiance
The invocation was given by Reverend Michael Manning of St. Anthony's Catholic
Church, followed by the pledge of allegiance, led by Council Member/Commissioner
Brinker.
Moment of Silence
Mayor Morris extended condolences to the families and requested a moment of silence
in memory of former mayor Raymond H. Gregory, who served as our City's mayor for
three consecutive terms from 1951 to 1957; Dr. Roger Smith III, well known
neurosurgeon who was in private practice for 46 years and on staff at several of our
local hospitals; Bertha Porras, who lived in San Bernardino for nearly 50 years; Louie
Mena, father of City Water Department employee Louie Mena, who lost his life in a
traffic accident caused by a drunk driver; and Jean Van Osdel, wife of the late
Reverend Boyce Van Osdel, who was pastor of Calvary Baptist Church for over 20
years.
2. Appointment - Kenneth Wells - Human Relations Commission - Council
Member/Commissioner Derry
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the appointment of Kenneth Wells
to the Human Relations Commission, as requested by Council
Member/Commissioner Derry, 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
Council Member/Commissioner Johnson presented Reverend Bronica
Martindale with a Citizen of the Month Award for her dedication to making a
difference in the City of San Bernardino.
Mayor Morris and City Manager Wilson presented a resolution of
commendation to retiring Fire Chief Larry Pitzer in recognition of his many
years of dedicated service to the City.
Mayor Morris presented a proclamation designating the month of March as
Women's History Month in the City of San Bernardino to Eileen Gomez and
Sandra Medina, co-chairs of this year's Women of Achievement Committee.
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Peggi Hazlett, Assistant to the Mayor, announced that Mayor Morris had
proclaimed Thursday, March 15, 2007, as Adult Education Day in the City of
San Bernardino, and a member of the Mayor's staff would present the
proclamation to the school district.
Cathy Cimbalo, Director, County Department of Children's Services, spoke
regarding the Family to Family Initiative, begun in 1992 in Cleveland Ohio.
She advised that 26 counties in California have implemented the Initiative,
which provides an opportunity for states, counties and communities to achieve
system -wide goals of developing a network of family foster care that is more
neighborhood -based and encourages relationships that help child welfare partner
more extensively with community partners.
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 Johnson 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.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Estrada.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the minutes of the following meetings of the
Mayor and Common Council, Community Development Commission and San
Bernardino Housing Authority of the City of San Bernardino be approved as
submitted in typewritten form: January 8, 2007; January 22, 2007; February
15, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Estrada.
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7. Claims & Payroll
Council Member/Commissioner Johnson 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 February 20, 2007, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Estrada.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated March 2, 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 Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Estrada.
9. ORD. MC-1241 - An Ordinance of the City of San Bernardino amending
Section 6.01.020 and adding new Sections 6.01.160, 6.01.170, 6.01.180 and
6.01.190 to Title 6 of the San Bernardino Municipal Code requiring
mandatory spay/neuter of dogs. FINAL READING
Susan Dawson, 4' Ward resident and President of the Humane Society of San
Bernardino Valley, expressed support for the ordinance, stating that 32,000 cats
and dogs were euthanized during 2006 by the City of San Bernardino and
Devore (County) animal shelters.
The following individuals spoke in opposition to the proposed ordinance,
stating that it was just part of the animal rights agenda:
Ellen Yamada, P.O. Box 4909, Blue Jay, CA, representing the Orange Empire
Dog Club;
Burton Yamada, P.O. Box 4909, Blue Jay, CA, Orange Empire Dog Club;
Tula Demas, 2854 N. Arrowhead, San Bernardino, CA, who stated that four
months is too early to spay the toy breed dogs.
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Ken Childress, Director of Animal Control, advised that this ordinance was
brought forward from the Animal Control Commission. He stated that the
problem of over population is the same everywhere, and this is the final step to
get a handle on the situation. He stated that the ordinance is a tool to be used to
encourage pet owner responsibility and includes a provision to exempt an animal
with a vet notice. He acknowledged that the success of the ordinance would
come when surrounding cities step up to the plate and adopt similar ordinances.
Council Member/Commissioner Kelley stated that he didn't think the ordinance
had the "teeth" to correct the problem of the many animals that have to be
euthanized, and he did not agree with the ordinance at this time.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-1241 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson,
McCammack. Nays: Council Member/Commissioner Kelley. Absent: None.
10. An Ordinance of the Mayor and Common Council of the City of San
Bernardino amending in its entirety Title 14, Chapter 14.08 of the City of
San Bernardino Municipal Code regulating Cable, Video, and
Telecommunications Service Providers. FIRST READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Estrada.
11. RES. 2007-67 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino in
the case of Maria Glander v. County of San Bernardino, et at.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-67 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
6 03/05/2007
12. RES. 2007-68 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino in
the case of Michael Negrete v. City of San Bernardino, et at.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-68 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
13. RES. 2007-69 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino in
the case of J. R., et al. v. City of San Bernardino, et al.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-69 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
14. RES. 2007-70 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino in
the case of Christina Smith, et al. v. City of San Bernardino, et al.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-70 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
15. RES. 2007-71 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino in
the case of Jamie Johnson v. City of San Bernardino, et al.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
7 03/05/2007
Resolution No. 2007-71 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
16. Adoption of the Measure Z expenditure plan for FY 2006-07, and adoption
of Measure Z Oversight Committee Roles and Responsibilities and Measure
Z Expenditure Policy
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that the City is
now getting $10 million more than it expected in property tax money; and will
probably get another $10 million within 60 days. He suggested that the Council
give the mayor $1.6 million for his social programs and allocate $5 million from
the $10 million received from the County to Police Chief Billdt so he can start
cleaning up this town. He ascertained that the City should not have any money
problems due to the windfall from the utility tax back in June, July and August.
He also suggested an incentive of $10,000 to get a policeman to come to this
town —and if he will move into San Bernardino give him a $25,000 bonus.
Council Member/Commissioner McCammack stated that she would hate for the
viewers to believe Mr. Sanborn's comments after they just passed Measure Z.
She pointed out that it was not an extra $10 million, and the City would not be
getting $10 million extra from the County every single year as Mr. Sanborn had
proposed. According to Ms. McCammack, when property values rise, they rise
for the one time —they don't rise in an anomaly every single year to the tune of
$10 million. She stated that the reality of the situation is, that if the City had
$10 million extra dollars, Measure Z would never have been necessary.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the City
needs to provide for the humanity element of Measure Z for the plan to work —
that the public knew that when they voted for Measure Z, but for some reason
the City Council overlooked it. He stated that every dollar invested in the
humanity element of the plan is better spent than $7 for criminal justice.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the Measure Z Oversight Committee Roles
and Responsibilities (Attachment A) and Measure Z Expenditure Policy
(Attachment B) be adopted.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8 03/05/2007
17. Authorize Director of Finance to amend the FY 2006/2007 adopted
Development Services budget for the purpose of funding development -
related and Public Works Consultant Inspection services and to increase the
purchase order amount to Caltrop Corporation for on -call public works
inspection services
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
increase Purchase Order No. 07-052 to Caltrop Corporation (for contract on -call
inspection services) from the current approved amount of $256,000 by $235,000
to a new total of $491,000; and that the Director of Finance be authorized to
amend the FY 2006/2007 Development Services adopted budget and transfer
$175,000 to Account No. 001-183-5502 (Professional/Contractual); $165,000
from Account No. 001-184-50XX (Salaries & Benefits) and $10,000 from
Account No. 001-190-50XX (Salaries & Benefits).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Estrada.
18. RES. 2007-72 - 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 2900
N. Macy Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, 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 2900 N. Macy Street; and that
said resolution be adopted.
The motion carried and Resolution No. 2007-72 was adopted by the following
vote: Ayes: Council Members/Commissioners Baxter, Brinker, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner Estrada.
19. RES. 2007-75 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Waterman
Avenue and Orange Show Road area without compliance with the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931;
declaring its intention to proceed to order work within the district, to be
known as Assessment District No. 1045; preliminarily approving the
Engineer's Report and giving notice of a public meeting and public hearing.
9 03/05/2007
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90 with the
establishment of a Landscape Maintenance Assessment District in the Waterman
Avenue and Orange Show Road area (Tract No. 17972), to be known as
Assessment District No. 1045; and that said resolution be adopted.
The motion carried and Resolution No. 2007-75 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
20. RES. 2007-76 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Pepper
Avenue and Rialto Avenue area without compliance with the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931;
declaring its intention to proceed to order work within the district, to be
known as Assessment District No. 1050; preliminarily approving the
Engineer's Report and giving notice of a public meeting and public hearing.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90 with the
establishment of a Landscape Maintenance Assessment District in the Pepper
Avenue and Rialto Avenue area (Tract No. 17076), to be known as Assessment
District No. 1050; and that said resolution be adopted.
The motion carried and Resolution No. 2007-76 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
21. RES. 2007-73 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement for Services
with and issuance of a purchase order to Bell Roof Company, Inc. for the
Center for Individual Development roof replacement in the City of San
Bernardino per RFQ F-07-24.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-73 was adopted by the following vote: Ayes: Council
Member/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
10 03/05/2007
22. RES. 2007-77 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement for services
with and issuance of a purchase order to Davidson Air Conditioning and
Heating, Inc. for the Center for Individual Development HVAC
replacement in the City of San Bernardino per RFQ F-07-25; rejecting the
lowest bid of Retrofit Technology, Inc., as being non -responsive.
Cathy Leogrande, Retrofit Technology, Inc., 3351 S. Riverside Avenue,
Bloomington, CA, stated that their company submitted the lowest bid to redo the
existing HVAC system, and they received a letter stating that they were not
awarded the job because they did not have their bid bond signed. She stated that
when they received their bid bond it had already been notarized and legally
signed by the attorney matter-of-fact, and there was not an area for them to have
it signed.
Senior Assistant City Attorney Empefio stated that in this instance he looked at
the bid documents that were submitted. He stated that Retrofit Technology, Inc.
did submit the lowest bid, but their bid was defective and non -responsive in that
it did not include a signed, completed bid bond, nor a non -collusion affidavit.
He stated that even though the bid bond was notarized and signed by the surety,
it was not signed by Retrofit Technology, Inc.; therefore, their bid was non-
responsive and should be rejected.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
reject the bid of Retrofit Technology, Inc. as non -responsive; and that said
resolution be adopted.
The motion carried and Resolution No. 2007-77 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
23. Item Deleted
24. RES. 2007-80 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order to Fairview Ford between the City of San Bernardino pursuant to
Section 3.04.010 B-3 of the Municipal Code for the purchase of forty-two
(42) year 2007 Ford Crown Victoria Police Interceptors utilized by the
Police Department; and authorizing the Finance Director or her designee to
solicit lease -purchase rate quotes and award a lease -purchase to the lowest
responsible leasing company.
City Clerk Clark read a corrected resolution title into the record.
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Council Member/Commissioner Estrada asked for clarification as to how many
cars were being charged to the various accounts in order to differentiate between
Measure Z monies and other monies.
City Manager Wilson advised that twenty-eight cars would be charged to the
General Fund, four cars were being charged to Measure Z, and ten cars would
be charged to Development Impact Fees.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2007-80 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Derry.
25. RES. 2007-74 - A Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a Grant of Easement to San Bernardino
Valley Municipal Water District for the Baseline feeder south pipeline on
property located on Pedley Road between 6`" Street and 91h Street, San
Bernardino, CA (APN 278-191-30).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-74 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
26. Authorize staff to proceed with the refunding of the City's Series 1996
Lease Revenue Bonds
Council Member/Commissioner Estrada asked what the possibility would be of
isolating these funds and designating them for a specific expenditure.
City Manager Wilson stated that ultimately the Council would decide whether to
spend the money or set the money aside. He stated that the money could come
as a one-time savings of about $475,000, or it could be spread over the life of
the bond issue, which would be a savings of $37,000-42,000 annually. He
stated that ultimately this was an issue that the full Council should decide, and
the matter could go back to Ways and Means, if the Council so desired.
Council Member/Commissioner McCammack advised that the whole reason for
bringing this up in the first place, was because there were going to be some
other items that the City was going to realize increased costs from the General
Fund, and this was a way to try and offset some of those increased costs. It
12 03/05/2007
wasn't specifically set up for one item, or one lump sum in revenue. She stated
that she was a little worried about sending it back to committee because any
savings that might be realized could go away with the market very quickly. She
stated that the committee was very concerned about the market situation at the
time the matter was discussed, and they went from one amount of savings to no
savings, where there would be no purpose of doing this at all, if the Council
waited much longer.
City Manager Wilson stated that there would be additional authorizing
resolutions coming before the Council before this transaction was done, which
could be anywhere from 10-12 weeks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that staff be authorized to proceed
with the refunding of the City's Series 1996 Lease Revenue Bonds.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
Council Member/Commissioner Estrada. Absent: None.
27. RES. 2007-78 - Resolution of the Mayor and Common authorizing the
Purchasing Manager to issue a purchase order to the Adamson Industries of
Orange, CA, to provide Second Chance Summit Threat Level IIIA ballistic
vests in an amount not to exceed $231,927.57.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that said resolution be adopted; that the
Director of Finance be directed to amend the adopted FY 2006/07 Development
Impact Fee (DIF) budget and appropriate $117,900 from the Law Enforcement
DIF unappropriated fund balance to Account No. 261-481-5704 (Miscellaneous
Equipment); and that the Director of Finance be directed to amend the FY
2006/07 Measure Z budget and appropriate $114,000 in Measure Z funds to
Account No. 001-223-5704 (Miscellaneous Equipment).
The motion carried and Resolution No. 2007-78 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
28. Workshop — report on Operation Phoenix activities from the City of San
Bernardino, the County of San Bernardino and California State University
San Bernardino - 5:00 p.m. in the Council Chambers (Continued from
February 20, 2007)
13 03/05/2007
Mayor/Chairman Morris stated that when he became mayor of San Bernardino
in 2006, he had already worked for three decades with other officials and
organizations on ways to reduce crime. He noted that there are three pillars to
the fight against crime —suppression, intervention, and prevention.
Mayor/Chairman Morris advised that in 2005, San Bernardino was known as
the 3`d most violent city in America, and it was imperative that we "rebuild our
city out of the ashes of crime and violence and into a shining example of peace,
prosperity, and renewal;" and the only way to do that was to reach out and
bring new stakeholders to the table.
Mayor/Chairman Morris stated that an 18-point crime fighting plan had been
developed using a city-wide and neighborhood based strategy, and he
summarized salient points of the plan. He advised that in the 20-block
Operation Phoenix area there was a 38 percent drop in crime during the last six
months of 2006 compared to the same time frame in 2005, with an overall drop
of 21 percent city-wide during the same period.
Jim Morris, Chief of Staff, Mayor's Office, gave a PowerPoint presentation of
materials provided to each Council member and elected official in a notebook
titled, OPERATION PHOENIX, Changing Minds, Changing Hearts, Changing
Culture. Throughout the presentation, various key players spoke regarding their
roles and participation in the Operation Phoenix plan, including Lieutenant
Ernie Lemos, City of San Bernardino Police Department; Kent Paxton,
Director, Children's Network/Children's Fund, County of San Bernardino;
Glenn Baude, Director of Code Enforcement, City of San Bernardino; Mike
Billdt, Chief of Police, City of San Bernardino; Dr. Christine Famega, criminal
justice professor, Cal State San Bernardino; and Mike Martinez, Deputy District
Attorney and Chairman of the County Gangs and Drug Taskforce.
Jim Morris advised that through January 31, 2007, the City's hard costs
amounted to $197,400, with soft costs amounting to $298,600; with
contributions from the County totaling $393,145.
A memo to the Mayor and Council, dated March 5, 2007, from Jolena E.
Grider, Deputy City Attorney, regarding Corrections to Operation Phoenix
Notebook Distributed for the March 5, 2007, Council Meeting was submitted
into the record.
Linda Sutherland, owner of the Fun Corner and president of the Baseline
Business Association, stated that even though her business is outside the
boundaries of the Operation Phoenix program she has seen the positive effects
of Operation Phoenix and thinks that when it is appropriate, the program needs
to be expanded.
14 03/05/2007
Amelia Lopez, 2888 Serrano Road, San Bernardino, CA, stated that she works
for the County Department of Public Health, and this is the first time that she
has seen outreach effectively channeled so changes could actually be made.
It was the consensus of the Council that another workshop should be held, and it
was suggested that members of the Measure Z Citizens Oversight Committee be
invited to attend. The Council members seemed uncertain on whether the
Operation Phoenix program should be expanded at its present location or moved
to another part of the city; however, everyone seemed to agree that positive
changes had taken place, resulting in a positive ripple effect to those areas
surrounding the 20-block Operation Phoenix location.
Mayor/Chairman Morris requested that the city manager poll the Council
members to see when would be the best time for the next workshop.
29. Ban the Box
Council Member/Commissioner Johnson stated that this issue of "ban the box,"
which seeks to remove the criminal history from the initial employment
application, is being looked at by cities across the nation —that several cities
have found that the criminal history question creates an unnecessary barrier for
employment. Due to the complexities of implementing this kind of plan, he
recommended that this item be referred to the Personnel Committee for further
discussion and recommendation.
Mayor/Chairman Morris advised that he had received over 30 speaker slips
regarding this item; however, he had asked that only ten individuals speak at
this time, since the item is being referred to the Personnel Committee.
The following individuals expressed support for "banning the box" on
employment applications, noting that it would cost the City nothing and
could very easily be done:
Dorsey Nunn, 1540 Market, #490, San Francisco, CA;
Gloria Anderson, President, League of Women Voters, 568 N. Mountain
View, San Bernardino, CA;
Barbara Egan, 3248 Mountain View, San Bernardino, CA;
Patty Fabella, 3372 N. Wall Avenue, San Bernardino, CA;
Demetress Wheeler, 4959 Alta Drive, San Bernardino, CA;
Stephany Turner, 6967 Elm Avenue, San Bernardino, CA;
Shalakeka Newell, 3372 N. Wall Avenue, San Bernardino, CA;
Michelle Freeman, 2910 N. Mountain View, San Bernardino, CA;
Jennifer Chambless, 1265 Kendall Drive, #4422, San Bernardino, CA;
Tiffany Cleveland, 1311 Sepulveda Avenue, San Bernardino, CA;
Kim Carter, San Bernardino, CA.
15 03/05/2007
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the "ban the box" matter be referred to the
Council Personnel Committee to address the removal of the criminal history
question from the City of San Bernardino employment application; and that in
order to assist the committee in formulating a recommendation, the Human
Resources Department and the City Manager's Office shall provide relevant
information to the committee including the feasibility of implementing this
policy, impacts of the shift, proposed process for ensuring public safety, and a
recommendation in support or in opposition to the change; and upon
consideration of the staff report, the committee shall, with the assistance of the
appropriate departments, report back to the full Council within 120 days.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Members/
Commissioners Kelley, McCammack. Absent: Council Member/Commissioner
Derry.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman, Economic
Development Agency Executive Director Pacheco and Legal Counsel Sabo, City Clerk
Clark. Absent: Council Member/Commissioner Derry.
R30. Public Hearing - Tax and Equity Fiscal Responsibility Act (TEFRA) -
Hearing for Catholic Healthcare West
RES. 2007-79 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the Issuance of Revenue Bonds by the
California Statewide Communities Development Authority for the benefit of
Catholic Healthcare West.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Executive Director, Economic Development Agency, provided
an overview of the staff report.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the hearing be closed; and that
said resolution be adopted.
16 03/05/2007
The motion carried and Resolution No. 2007-79 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Kelley, Johson, McCammack. Nays: None. Absent: Council Member/
Commissioner Derry.
R31. RES. CDC/2007-6 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing a loan from the
Low- and Moderate -Income Housing Fund in the amount of $7.5 million for
property acquisition and demolition costs related to the redevelopment of
the North Arden Guthrie Area (IVDA Redevelopment Project Area).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. CDC/2007-6 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Derry.
R32. RES. CDC/2007-7 - 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 to
execute Amendment No. 1 to the 2006 Legal Counsel Services Agreement
with Lewis, Brisbois, Bisgaard & Smith, L.L.P.
Economic Development Agency Executive Director Pacheco advised that
language in the original agreement relative to termination of the agreement
would also be included in Section 2 of Amendment No. 1, stating "... that
either party may terminate this agreement sooner for any reason upon 30 days
written notice."
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted, with
modification of Section 2 of the amendment.
The motion carried and Resolution No. CDC/2007-7 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Kelley, Johson, McCammack. Nays: None. Absent: Council
Member/Commissioner Derry.
NB1. Set workshop to discuss the new proposed development and status of the
LNR/Carousel Mall project
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that the need to take action arose subsequent to
the posting of the agenda.
17 03/05/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johson, McCammack.
Nays: None. Absent: None.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council set a
workshop for the Council/Commission meeting of March 19, 2007, to discuss
the new proposed development and status of the LNR/Carousel Mall project.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johson, McCammack.
Nays: None. Absent: None.
NB2. Proposed ordinance regarding "quality of life" issues such as noise and
"peace and quiet" rules
Council Member/Commissioner McCammack submitted an article published in
the March 4, 2007, Press Enterprise newspaper that discussed the subject of
crime, noise and nuisance behavior —basic quality of life issues —and requested
that her colleagues agree that the need to take action arose after the posting of
the agenda, since she did not know that such an ordinance was even possible,
and that they place it on today's agenda for the purpose of referring it to the
Legislative Review Committee.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the need to take action arose
subsequent to the posting of the agenda.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
refer to the Legislative Review Committee an ordinance that Cathedral City
adopted regarding noise rules and giving control to the Police Department to be
discussed in concert with whatever ordinance the City now has on the books.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18 03/05/2007
33. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA spoke regarding the
problem of contaminated water and the fact that the various water agencies are
blending their waters; therefore, residents end up drinking toxins from the entire
area.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA suggested naming streets
after our City's heroes of war; suggested erection of a new building at the
National Orange Show to be named the Derek Parra Pavilion; and spoke
regarding the temps who have worked for the City for several years but have
never had any benefits; and he questioned whether they should be entitled to a
service pin award.
Donna Peal, 725 Seventh Street, Unit D, Colton, CA, a student at Cal State,
asked the Mayor and Council for funding for the Young Visionaries Leadership
Academy.
Mariela Trujillo, 6773 Valaria Drive, Highland, CA, spoke regarding
programs aimed at crime prevention.
Tereesa Tompkins, 26638 Sparks Street, Highland, CA, spoke regarding AB16
sponsored by Assemblyman Ed Hernandez, which would require the human
papillomavirus vaccine (HPV) to be added to children's immunizations so they
will have received it by 7"' grade.
David Hanes, 966'/2. N. Crescent, San Bernardino, CA, distributed a handout
regarding the Terrelle Transitional Assistance Program to the Mayor and
Council, stating that they were asking the Mayor and Council to spend money to
help find these people employment rather than on tracking devices.
Tom Kanavos, President/CEO, Terrell Transitional Assistance Program, spoke
regarding parolee recidivism.
19 03/05/2007
34. Adjournment
At 8:05 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, March 19, 2007, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 36
No. of Hours: 6.5
RACHEL G. CLARK
By: 4City Clerk/ Q
'6�'Q. X '—
Linda E. Hartzel
Deputy City Clerk
20 03/05/2007