HomeMy WebLinkAbout06-Council Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Palrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Coo. Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 18, 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 1:33 p.m., Monday, June 18, 2007, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Ron 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, McCanunack; 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 - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
City of San Bernardino v. San Bernardino Stampede, Inc. Also known as
the Inland Empire 66er's Baseball Club of San Bernardino, Inc. and Does
1-10 - San Bernardino Superior Court Case No. SCVSS 137723;
Fu San v. City of San Bernardino - San Bernardino Superior Court Case
No. SCVSS 117349.
06/18/2007
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:
Claim of Maria Laura Martinez
Inland Communities Corp. v. City of San Bernardino, et a1. (Paradise
Hills)
Water Department Master Services MOU
Public Library Funds
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City v. Michelle Altman, earmax Auto Superstores
Michael Garland v. State of California, et. a1. - SCVSS 144135
City v. Esther Lira Solis
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.
City Attorney Penman announced that two additional cases would be discussed in
closed session under Agenda Item No. IB, significant exposure to litigation.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordiuances 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 Pastor Joel Alvarado from the Rock Church, followed by
the pledge of allegiance, led by Councilman Rikke Van Johnson.
Moment of Silence
Mayor/Chairman Morris extended condolences to the families and requested a moment
of silence in memory of Barbara Kassel, a longtime resident of San Bernardino and wife
of prominent local attorney Philip Kassel; and Adrian Barajas, a senior at San Gorgonio
High School who was involved in a traffic accident.
2. Appointments
. Audrey Iverson - Mobile Home Board - Mayor Morris
. Alex Aldasoro - Parks & Recreation Commission - Council Member Brinker
· Cheryl Brown - Historical Preservation Commission - Council Member
Johnson
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the appointments of Audrey Iverson, Alex
Aldasoro, and Cheryl Brown, as requested by Mayor Morris and Council
Members Brinker and Johnson, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays:
None. Absent: Council Member/Commissioner Estrada.
3. Presentations
The First Quarter 2007 Customer Service A ward was presented to Beverly
Natividad, Administrative Clerk in the Development Services Department.
The first 2007 Employee of the Quarter Award was presented to Margaret
Urquides, Administrative Clerk III in the Mayor's Office.
Peggi Hazlett, Assistant to the Mayor, read the names of the following individuals
who were presented a service pin award by Mayor/Chairman Morris in
recognition of their many years of dedicated service to the City:
Name
Dolores Delgado
James F. Penman
Fred Wilson
Cynthia Piepmeier
Kevin Jeffery
Anthony King
Consuelo Ramirez
Department
City Attorney
City Attorney
City Manager
Development Services
Police
Police
Police
3
Years of Service
20
20
20
25
10
10
30
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4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
6. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated May 31, 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, McCamrnack.
Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated June 13, 2007 (Revised 6/18/07) 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. ORD. MC-I248 - An Ordinance of the City of San Bernardino amending San
Bernardino Municipal Code Section 8.82.010 of Chapter 8.82 regarding
recovery of expenses for extraordinary law enforcement services. FINAL
READING
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted.
Ordinance No. MC-1248 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. Ordinances approving and adopting an Eminent Domain Program for aU
Redevelopment Project Areas
ORD. MC-I249 - Ordinance of the City of San Bernardino approving and
adopting an Eminent Domain Program in compliance with the California
Community Redevelopment Law for State College Redevelopment Project
Area; Merged Central City/Meadowbrook Redevelopment Project Area;
Central City North Redevelopment Project Area; Central City South
Redevelopment Project Area; Central City East Redevelopment Project
Area; Mt. Vernon Corridor Redevelopment Project Area; 400. Street
Redevelopment Project Area; Central City West Redevelopment Project
Area; Southeast Industrial Park Redevelopment Project Area; Northwest
Redevelopment Project Area; Tri-City Redevelopment Project Area; and
South Valle Redevelopment Project Area. FINAL READING (9A)
ORD. MC-1250 - Ordinance of the City of San Bernardino approving and
adopting an Eminent Domain Program in compliance with the California
Community Redevelopment Law for Uptown Redevelopment Project Area.
FINAL READING (9B)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinances A&B, be adopted.
Ordinance Nos. MC-1249 and MC-1250 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
10. RES. 2007-201 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Master Services
Memorandum of Understanding with the Water Department for provision of
City services for Fiscal Year 2007/2008.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-201 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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11. RES. 2007-186 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Master Services
Agreement by and between the Inland VaDey Development Agency and the
City of San Bernardino for provision of City services for Fiscal Year
2007/2008.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to increase Account No. 001-183-5505 by
$100,000 for expedited engineering services, and revenue Account No. 001-000-
4671 by $100,000 to reflect corresponding reimbursement.
The motion carried and Resolution No. 2007-186 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
12. RES. 2007-202 - Resolution of the City of San Bernardino authorizing
execution of a Services Agreement with Los Padrinos Youth Services, Inc., a
non-profit organization.
Council Member/Commissioner Brinker stated that about two months ago he
expressed his concern about how the City handles graffiti and now they were
going to reauthorize a contract with Los Padrinos and would essentially be doing
things the same way without making any adjustments. Mr. Brinker asked the
Council to consider not voting on this matter at this time so they could have some
discussion and perhaps give some direction to staff as to what they'd like to see in
the contract.
Mr. Brinker stated that he would like to see them pull curb appeal and some of
the other assignments Los Padrinos is doing and find some other entity to do that
so they can refocus their mission on taking care of graffiti in the City.
Mayor/Chairman Morris stated that they have discussed the fact that Los Padrinos
has been assigned a host of tasks with regard to blight that includes doing close-
ups when they remove and vacate residences. He stated that they do have other
assignments that distract them from what was once their primary purpose and that
is graffiti removal. Mayor Morris stated that Los Padrinos is listed in the budget
to receive an additional $75,000, and as they review the resources for the
expansion of Operation Phoenix, his hope is that they might consider using a
portion of Measure Z monies to bulk up their assignments and capacity to deliver
these services in a more robust way.
City Manager Wilson stated that he recalled the discussion with Mr. Brinker
about the need to look at different ways to enhance graffiti services, and he has
also heard from a number of Council members in the last few months about that
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very issue. He suggested that they extend the contract on a month-to-month basis
and work with the Council members through a committee to begin to look at
some different alternatives for how they can address the graffiti issues in the City.
Mayor/Chairman Morris stated that there has been a substantial increase in
graffiti on walls, curbstones, streets and overpasses.
Council Member/Commissioner Estrada stated that she has also noticed an
increase in graffiti on the south side. She asked how they prioritize areas and
questioned how much collaboration there is between the Director of Code
Compliance and the Police Chief relative to gang activities. She also asked how
that impacts the specific areas in the community that are really being affected.
Glenn Baude, Director of Code Compliance, provided an overview of the
increase in graffiti in the area last year compared to this year through June 1,
2007. He stated that the goal of Los Padrinos is to remove graffiti within 24
hours. Mr. Baude stated that every time there is graffiti on the walls, Los
Padrinos takes a picture of it and then turns it over to the graffiti task force. He
stated that they are hoping to add one crew through the Redevelopment Agency's
funding and another crew through the focus areas in Operation Phoenix. As far
as priority, Mr. Baude stated that the goal of Los Padrinos is to paint out graffiti
in 24 hours, but because of the explosion of graffiti, that is not happening. He
stated that it is not a problem of trying to match the paint, but after the paint is
ten years old it's not the same color it was originally.
Council Member/Commissioner Estrada stated that they talked about setting up
cameras some time ago and she wondered if better use of their money wouldn't
be to set up a place where they could monitor cameras all over the City,
especially in those areas that are considered hot spots. Ms. Estrada stated that
relative to the collaboration between the Police Department and Code
Enforcement, when you're talking about graffiti it doesn't necessarily have to be
a policeman that's involved in the data gathering, but the Police Department
knows the signs of the new gangs that have come into the area. She wanted to
know what they are doing collectively to try to identify the people from those
gangs that are tagging our City. Ms. Estrada asked if they should start giving
rewards to people who report taggers and get license plate numbers. She stated
that she hated the thought of big brother, but this is costing the taxpayers a lot of
money and she is interested in catching the hooligans who are doing this and
putting them in jail where they belong.
Mr. Baude stated that cameras are effective and that Public Services decides
where they will be located. He stated that they have 25 cameras out there and
usually there is no graffiti or illegal dumping while the camera is there because
the camera tells them that they are being observed, a picture is being taken, and it
will be turned over to the police for prosecution. Mr. Baude stated that there are
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new cameras out now that can monitor offenders on line instead of just taking
their picture.
Council Member/Commissioner Estrada asked what was the cost of the cameras
and could they get a grant to purchase more of them.
He stated that the basic cameras they currently have take digital pictures and cost
$2,000 to $2,200 each.
Mayor/Chairman Morris stated that they have applied for a $1 million Weed and
Seed Grant and a portion of that grant could be utilized to reinforce their anti-
graffiti effort if that would qualify under the grant.
Council Member/Commissioner McCanunack stated that Sergeant Waldo's
program is modeled allover the state, but she understood that sometimes it takes
almost six months to get caught up with the trend on whose tagging and where
they are and where they are moving to. She stated that perhaps with some
Measure Z money they could increase the graffiti task force so they wouldn't
have to increase funding to Los Padrinos.
Ms. McCanunck stated that her concern was that she has personally seen Los
Padrinos covering graffiti without taking photos so she would like to make sure
that if they are going to cover it they need to take the photos, and if they're
digital, they need to turn the cards over to the Police Department or to Sergeant
Waldo. She stated that the biggest concern that the public has is when they have
caught someone in the act and they cannot get the help they need from the Police
Department.
Council Member/Commissioner Johnson stated that he was in favor of getting
together to talk about some specific strategies on how they could target the graffiti
epidemic throughout the City.
Mayor/Chairman Morris stated that this could be done in a workshop format for
the Council in the near future or it could be done through a committee.
Council Member/Commissioner McCammack stated that it should probably be an
ad hoc committee so that whatever strategies are talked about become private
strategies. She stated that there is already a Police Ad Hoc Committee that she
did not believe was subject to the Brown Act.
Council Member/Commissioner Brinker asked who was on the Police Ad Hoc
Committee.
Council Member/Commissioner Kelley stated that he believed it was himself,
Council Member Johnson, and the prior Third Ward Council Member.
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Council Member/Commissioner Brinker stated that part of the reason he brought
this forward was because the current list of items they have does not include any
accountability measures for how they deal with graffiti. Also, perhaps when they
meet with the ad hoc committee they could discuss how they are coordinating
these activities because his concern is that with Los Padrinos doing some things,
Code Enforcement doing some things, and the Police Department doing some
things, some things may fall through the cracks.
Mr. Brinker stated that when he met with Keven Hawkins, the new Parks and
Recreation Director, Mr. Hawkins talked about graffiti being one of the issues
that he was responsible for at his previous city. He stated that Mr. Hawkins has
some expertise and should be involved to some degree in these conversations.
Mr. Brinker stated that right now Mr. Hawkins is dealing with these issues to a
limited degree within the parks, but because of his previous experience he could
probably provide some insight. Mr. Brinker stated that Sergeant Waldo had
contacted him and offered to become involved, but he wanted to wait until the
Council had a chance to talk about it.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. (Note: No vote
was taken at this time.)
Mayor/Chairman Morris asked if there was a motion to refer this to the Police Ad
Hoc Committee.
City Attorney Pemnan advised that an ad hoc committee of the legislative body
would be subject to the Brown Act. If this is an ad hoc committee appointed by
the Mayor, and the Council is not involved in appointing it, then it would not be
subject to the Brown Act.
Mayor/Chairman Morris stated that he would like to make this an ad hoc Mayor's
committee and appoint the three members previously identified.
City Attorney Pemnan advised that he did not think the Mayor should do the
appointment at this meeting. He stated that the decision should be made
independent of the Council.
Mayor/Chairman Morris stated that he would talk to the Council privately about
their appointments.
Council Member/Commissioner Kelley stated that graffiti for some is considered
an art form. He stated that they have talked about public murals and public art
and since these kids have an appreciation for art, he suggested that artwork with a
specific theme be placed in underpasses throughout the City. He stated that it
would be a way to help beautify the City, make some improvements, and would
certainly serve as a destination point in the City.
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Council Member/Conunissioner Brinker asked if they would be locking
themselves into this agreement with only these particular services if they were to
approve it, and if they go back later and want to make changes, what sort of
situation have they created for themselves.
Mayor/Chairman Morris stated that the City Manger suggested that they extend
the agreement on a month-to-month basis obligating themselves only for the
amount required to be paid.
City Manager Wilson stated that essentially it would be business as usual for the
next 90 days until the conunittee comes back with any reconunendations.
Council Member/Conunissioner Kelley amended his original motion, seconded by
Council Member/Conunissioner Baxter, that said resolution be adopted, and that
the agreement be amended to a month-to-month basis, not to exceed 90 days.
The motion carried and Resolution No. 2007-202 was adopted by the following
vote: Ayes: Council Members/Conunissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
13. RES. 2007-187 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Amendment to the Lease
Agreement between the City of San Bernardino and Diocese of San
Bernardino Education and Welfare Corporation for the benefit of Guadalupe
Child Development Center at 1633 West Fifth Street, in San Bernardino.
Council Member/Conunissioner Baxter made a motion, seconded by Council
Member/Conunissioner Johnson, that said resolution be adopted.
Resolution No. 2007-187 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. RES. 2007-188 - Resolution of the City of San Bernardino approving
Amendment No. 2 to the Five-year Capital Improvement Programs for FY's
2004-2009 & 2005-2010 and Amendment No. 1 to the Four-year Capital
Improvement Program for FY 2006-2010 for Measure "I" Local
Expenditures.
Council Member/Conunissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-188 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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15. RES. 2007-204 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution ... designating certain
streets, or portions thereof as through highways..." and authorizing the
installation of a one-way stop at the intersection of Roxbury Drive and Cedar
Avenue.
Council Member/Commissioner McCamrnack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-204 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2007-189 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
2 to the Agreement for Professional Traffic Modeling Services with Srinivasa
S. Bhat.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-189 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCamrnack. Nays: None. Absent: None.
17. Item Deleted
18. RES. 2007-190 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a Contract to Hood Corporation for
constrnction of underground utilities in Mill Street east of Waterman Avenue
to Doolittle Drive (SS07-18), per Project Plan No. 11747.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-190 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCamrnack. Nays: None. Absent: None.
19. RES. 2007-191 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance to increase the
purchase order amount for the provision of professional building plan review
services, to extend Service Agreements with Willdan Associates, Esgil
Corporation and California Code Check, and to establish interim purchase
orders for FY07-08.
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-191 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. Authorize execution of Change Order No. One with Hillcrest Contracting,
Inc. for Street Improvements and Beautification Project on Victoria Avenue
from 28th Street to Lynwood Drive (phase I) (SS05-25), per Project Plan No.
11619
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to execute Change Order No. One with Hillcrest Contracting, Inc. in
the amount of $480,054 for Street Improvements and Beautification Project on
Victoria Avenue from 28"' Street to Lynwood Drive (Phase I) (SS05-25), per
Project Plan No. 11619.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
21. Authorize execution of Contract Change Order No. One to the contract with
Kirtley Construction, Inc. d.b.a. T K Construction for Storm Drain
Improvement at Irvington Avenue and Devil Canyon Basin (S007-01), per
Plan No. 11591
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to execute Change Order No. One in the amount of $6,687.47 to
Kirtley Construction, Inc. dba T K Construction for Storm Drain Improvement at
Irvington Avenue and Devil Canyon Basin (SD07-01), per Plan No. 11591.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
22. RES. 2007-192 - Resolution of the City of San Bernardino authorizing an
Agreement for Services with Mead & Hunt, Inc. for the preparation of an
Airport Land Use Compatibility Plan and approving a Reimbursement
Agreement with the San Bernardino International Airport Authority.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
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Resolution No. 2007-192 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. 2007-193 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance or designee to increase
the purchase order issued to Zoll Medical Corporation for defibrillators and
accessories.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-193 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. Resolution of the Mayor and Common Council of the City of San Bernardino
establishing the San Bernardino Bicentennial Ad Hoc Committee for the
purpose of planning the celebration of the 200tb Anniversary of the founding
of San Bernardino.
Council Member/Commissioner Kelley stated that this is a wonderful opportunity
to organize and prepare for this very important date. He stated that typically a
commission is formed with seven members-one from each Council ward and
two are appointed by the Mayor's Office. Mr. Kelley stated that it was being
proposed that this committee shall consist of seven appointees from the Mayor's
Office plus two alternates, or 14 people, and he questioned why so many.
Mayor/Chairman Morris stated that there has been an incredible amount of
interest expressed in this particular celebration in planning as well as funding.
Council Member/Commissioner Kelley stated that it is sometimes difficult for
Council Members to find citizens to serve and he was concerned that they were
expanding this so much that it was going to be difficult to get that many people
involved in this event. He stated that sometimes the bigger the group the harder
it is to come to consensus and the harder it is to get anything accomplished.
City Clerk Clark stated that when they looked at the composition of the previous
Bicentennial Committee (celebrating our Nation's Bicentennial in 1976), that
group started out with the standard 9 members and within one month expanded to
22 members. She stated that in looking at the composition of this committee,
they tried to fmd something that would be a little easier to work with-12
members instead of 22.
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Council Member/Conunissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the committee consist of two persons from
each Council Member's ward, three from the Mayor's office, and two alternates.
(Note: No vote was taken.)
Council Member/Commissioner McCanunack asked if each Council Member had
to appoint someone from within their ward.
Mayor/Chairman Morris stated that ward appointments are sometimes challenging
insofar as finding those who best fit and are interested in the project. He stated
that this will require citizens who are deeply vested in our City's history and are
excited about the opportunity to celebrate its 200" anniversary.
Mayor/Chairman Morris stated that residency referred to City residency as
opposed to ward residency.
City Clerk Clark stated that the Mayor's appointees would be "at large" and the
wards would be represented by appointees from each of the seven wards.
City Attorney Penman stated that the current wording of the resolution states that
"Each member of the Ad Hoc Conunittee nominated by a Council Member shall
be and remain a resident of the ward of such Council Member during the term of
the appointment, except as may be otherwise provided in Section 3."
Mr. Penman stated that because they were talking about significant changes to the
resolution, he advised that perhaps this item should be continued so they could
make the necessary changes. He stated that if the Council wanted the residency
requirement for the ward removed, they would remove it.
Mayor/Chairman Morris suggested sending this item back for further
consideration. He stated that it may be a challenge for some Council Members to
fmd people within their wards with a vibrant interest in this subject, and he
wasn't sure the Council should tie their hands in a conunittee like this with that
kind of restriction.
Council Member/Conunissioner Kelley reconunended that each Council Member
shall appoint two members to the committee, the Mayor shall appoint seven
members, and that this item be brought back in two weeks.
Mayor/Chairman Morris stated that the intent of the resolution is to restrict the
Council Members to appointing people within their wards. He asked if they
wanted that kind of restriction and, if not, they would have to go back and modify
the resolution.
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06/18/2007
Council Member/Commissioner Estrada stated that they should be able to
nominate people from throughout the City.
Council Member/Commissioner McCammack stated that they need to specify "at
large within the City".
Mr. Pemnan stated that he understood that the Council wanted the language about
being a resident of the ward removed; however, he asked if the Council wanted
the appointees to be registered voters or not.
It was the consensus of the Council that the appointees should be registered
voters.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of July 2, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
26. RES. 2007-194 - A Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to an annual purchase order, with
two single year renewal options, to Waterline Technologies, Inc. for pool
chemicals.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 budget and transfer
$11,000 from Account No. 001-389-5014 (Part-time Wages) to Account No. 001-
389-5111 (Materials and Supplies).
The motion carried and Resolution No. 2007-194 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
27. RES. 2007-205 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Professional
Services Agreement with David Evans and Associates in the amount of
$113,567 for the purpose of preparing preliminary plans for the proposed
Verdemont Community Center and repealing Resolution No. 2007-144
approved by Mayor and Common Council on May 7, 2007.
Council Member/Commissioner Kelley made a motion, seconded by CouncileMember/Commissioner Baxter, that said resolution be adopted.
15
06/18/2007
Resolution No. 2007-205 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2007-195 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Annual User Agreement
with the County of San Bernardino to provide access to the Sheriff's
automated systems.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-195 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. RES. 2007-196 - Resolution of the City of San Bernardino authorizing the
obligation and expenditure of the allocated FY 07/08 Justice Assistance Grant
(JAG) funds and authorizing the signing of an Interloca1 JAG Grant
Agreement with the County of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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.
30. RES. 2007-197 - Resolution of the City of San Bernardino authorizing the
execution of a Professional Services Agreement to employ Robert Curtis on a
part-time basis in Fiscal Year 2007/08.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-197 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. RES. 2007-198 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Memorandum of
Agreement with the Bureau of Narcotic Enforcement (BNE) and the San
Bernardino Police Department for participation in the Gang Suppression
Enforcement Team (GSET).
16
06/18/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-198 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 City of San Bernardino authorizing the City Manager or his
designee to execute the sale of two Kawasaki police motorcycles (as equipped,
minus City radios) to the San Bernardino County Sheriff's Emergency
Vehicle Operations Center (EVOC) to be used as training motorcycles for
basic and instructor police motorcycle classes. These motorcycles are
identified as Unit #1005 (VlN #JKAKZCP28ZB519662, a 2002 Kawasaki)
and Unit #1006 (VlN #JKAKZCP2XYB517713, a 2000 Kawasaki).
Staff requested that this item be continued for two weeks.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of July 2, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
33. RES. 2007-199 - Resolution of the City of San Bernardino authorizing the
purchase of 29 Motorola XTS 2500 Portable Radios from Motorola, Inc.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-199 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
34. RES. 2007-200 - A Resolution of the Mayor and Common Council of the City
of San Bernardino, successor to the South San Bernardino County Water
District, assessing properties within the previous district boundaries in the
amount of $15,037.50 for the Fiscal Year 2007/2008.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
17
06/18/2007
Resolution No. 2007-200 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
35. Public hearing - resolution imposing liens on property located within the City
for uncollected business registration fees
RES. 2007-203 - Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of San Bernardino for
uncollected business registration fees.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; that the City Clerk be
directed to administratively remove any properties from Exhibit A which have
been paid prior to the hearing; and that said resolution be adopted.
The motion carried and Resolution No. 2007-203 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
36. Resolutions authorizing the City Manager to execute two lease agreements
between the City of San Bernardino and Omnipoint Communications Inc. for
the lease of 310 square feet of land at Colony Park and 1,000 square feet of
land at Wildwood Park. (Continued from June 4, 2(07)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Lease Agreement between the City
of San Bernardino and Onmipoint Communications Inc. for the lease of three
hundred and ten (310) square feet of land at Colony Park, 153 E Harwick
Drive. (36A)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Lease Agreement between the City
of San Bernardino and Omnipoint Communications Inc. for the lease of one
thousand square feet (1000) of land at Wildwood Park, 536 E. 40th Street.
(368)
Staff requested that this item be tabled.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be tabled.
18
06/18/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
37. Item Deleted
38. Naming new park Veterans Park
Mayor/Chairman Morris asked what was the process for naming parks.
Council Member/Commission Kelley stated that there is no committee, there is no
process, but he has worked long and hard to make sure there is sufficient
parkland within our City that all residents can utilize in addition to the trail
system. He stated that he thought that past practice has been that it is the
responsibility of the Council Member in whose ward the park is located, and he
felt that that practice should continue.
Council Member/Commissioner Estrada stated that the Parks and Recreation
Commission used to be utilized quite a bit for discussion about things like this,
but there hasn't been that many new parks in the City over the years so there
hasn't been a lot of activity.
Mr. Kelley stated that the naming of this park would honor all the men and
women who are veterans in the City. It would recognize all those who have
served past, present and future.
Sergeant Major Guenther Griebau stated that he would like to endorse
Councilman Kelley's suggestion relative to a veterans park.
Council Member/Commissioner Baxter asked if a memorial of those veterans who
have been lost in wars was part of the eventual plan for this park.
Council Member/Commissioner Kelley stated that they were considering a
memorial in honor of Colonel Chuck Rodriguez.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the Mayor and Common Council
approve the naming of the new park, located in the University District, east of
Campus Parkway, south of Northpark Boulevard, Veterans Park.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
19
06/18/2007
- -1
COMMUNITY DEVELOPMENT COMMISSION
i.
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.
R39. 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
(1) a Redevelopment Cooperation Agreement by and between the Agency and
Inland Valley Development Agency ("IVDA") and (2) a Single Family
Inclusionary Housing Owner Participation Agreement ("OPA") by and
between the Agency and GFC Enterprises, LLC for the development of
Lynwood Housing Development (lVDA Redevelopment Project Area),
(Continued from May 7, 2007)
Staff requested that this item be tabled.
Council Member/Commissioner McCammack 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, McCammack.
Nays: None. Absent: None.
R40. 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
the Redevelopment Project Study and Exclusive Right to Negotiate
Agreement ("Agreement"), by and between the Agency and Galaxy
Commercial Holding, LLC ("Developer") (Central City Redevelopment
Project Area),
Staff requested that that item be continued to July 16, 2007 because the developer
has been out of the country and his representative would like to have him provide
more input on the agreement.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of July 16, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley.
20
06/18/2007
R41. RES. CDC/2007-16 - Resolution of the Community Development
Commission of the City of San Bernardino approving and adopting the
Relocation Plan for displaced residents and businesses related to the North
Arden Guthrie Area (IVDA Redevelopment Project Area).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2007-16 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R42. RES. CDC/2007-17 - 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 the Assignment Agreement assigning a portion of Parcel 3 of Parcel
Map 16307 to Toll Bros., Inc., a Pennsylvania corporation, related to the
J.R. Watson & Associates Development Co., 2003 Disposition and
Development Agreement (DDA).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2007-17 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R43. 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
a Construction Contract by and between the Agency and JM Builders, Inc.
for Improvements to the California Theatre of the Performing Arts (Central
City North Redevelopment Project Area).
Council Member/Commissioner Estrada asked that this item be continued until
finalization of the EDA budget.
Maggie Pacheco, Economic Development Agency Executive Director, stated that
they do have resources available to fund the particular improvements, but the
intent was to award the contract so that they could commence the work and get it
complete before the opening season of the theater, which is September 29. She
stated that the schedule that they have worked out with the contractor was based
upon the award of the contract effective June 18.
21
06/18/2007
Mayor/Chairman Morris asked if a two-week delay would interfere with the
opening of the season.
Ms. Pacheco stated that it would impact their schedule. She stated that they
already had an event scheduled for September 29 and that they are on a tight
schedule. She assured the Council that the Agency has the resources to pay for
these improvements in the current budget and she thinks that the improvements
that were in question were the pending improvements such as the sprinkler system
for the entire theater that will cost approximately $2 million.
Ms. Pacheco stated that these particular improvements deal with the expansion
and enlargement of the downstairs restroorns. The men's and the women's
restroorns would be enlarged and they would be made to comply with ADA
requirements. She stated that they're doing some electrical and some plumbing
work and they are reconfiguring some janitorial and some storage area on the first
floor. Ms. Pacheco stated that they did a major renovation last year that
encompassed the California Room along with various improvements to the lobby
area and entrance. She stated that at that time they had discussed the idea of
renovating the downstairs restroorns because they are not in ADA compliance,
there aren't enough stalls, and they are inadequate.
Council Member/Commissioner Johnson asked if this could be discussed at the
workshop on June 21.
Council Member/Commissioner Estrada stated that she thought it would be
beneficial to have a discussion with the contractor before proceeding with this
matter.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the budget
workshop on June 21, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack.
Nays: None. Absent: None.
PLANNING
44. Public hearing - Appeal of Development Permit Type 1 No. 04-046 (Appeal
No. 07-03) - an appeal of the Planning Comm;'l.~ion's revocation of a
Development Permit to construct a 60'0" monopine telecommunications
tower, equipment shelter, and landscaping on a vacant parcel located at 1272
N. Mt. Vernon Avenue in the CG-l, Commercial General land use district
Mayor/Chairman Morris opened the hearing.
22
06/18/2007
Terry Rahhal, Deputy Director/City Planner, stated that the permit was revoked
by the Planning Commission on March 6, primarily because the site had been
very poorly maintained up until that point, and also because several of the
improvements required under the Development Permit had not been completed.
After the permit was revoked an appeal was filed and the appellant and the
property owner have made some significant improvements to the property. Ms.
Rahhal distributed some photos and outlined the improvements that had recently
been made. She stated that the property owner stands ready to install fencing
around the site to keep it secure, assuming that this appeal is granted. Ms.
Rahhal stated that based upon the good faith efforts that have been made so far,
and because of the letter submitted by Sylvia Arias recommending that the appeal
be granted, and if the Council would further direct staff to report back to the
Planning Commission on the status of the site as the improvements continue to be
made, staff would recommend that the Mayor and Council grant the appeal.
Council Member/Commissioner McCammack asked that someone report back to
this body within 60 or 90 days that the remainder of the maintenance has occurred
and that continued maintenance of the site takes place.
Pursuant to Resolution No. 2000-279, City Clerk Rachel Clark administered an
oath to the following individual that she would provide true and honest testimony:
Sylvia Arias, 1330 Reece Street, San Bernardino, CA, stated that she would
support this item. She stated that she has had time to research other cell tower
sites throughout the City and all you see is a cell tower and a block wall. Ms.
Arias stated that the applicant has listened to the complaints of his neighbors and
he made a very blighted parcel look like a park. Mr. Jones has added trees,
plants, wood bark, a sprinkler system on a timer and a nightlight; and soon it will
be fenced with wrought iron. She stated that she hoped this was a learning lesson
for future cell tower sites in the City of San Bernardino and that the Planning
Commission will scrutinize and set conditions of approval such as landscaping,
planting trees, sprinkler systems, etc., and most importantly, that they consider
beautification a priority on cell tower sites.
Council Member/Commissioner Estrada asked if this company has other cell
tower locations throughout the City, and if so, what are the physical conditions of
those locations.
Ms. Rahhal stated that she believed they do have other locations in the City and
staff has been working on reviewing the status of some of these cell tower
locations and their conditions. She stated that she does not have a full inventory
that matches the cell site to the carrier.
23
06/18/2007
Council Member/Commission Estrada stated that she was interested in this
particular group and how many cell locations they have throughout the City and
what they look like.
Ms. Rahhal proposed that if staff is to report back to this body in 60 days on the
status of this site, they could at that time report back on other sites owned by this
operator.
Council Member/Commissioner Estrada stated that she felt they really needed to
pay some attention to these towers because they can be made attractive enough to
enhance the neighborhood as opposed to being an added blight.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the hearing be closed; that the
Mayor and Common Council grant Appeal No. 07-03, reverse the action of the
Planning Commission to revoke DPI No. 04-046, and direct staff to report back
to the Planning Commission on the status of site improvements as they are
completed, or to re-initiate revocation proceedings if necessary, with the caveat
that Development Services oversee the Development Permit and the conditions of
the approval and report back to the Council within 60 days on the status of the
site. Further, that staff provide a complete inventory of all cell sites.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
45. Public hearing - Development Code Amendment No. 07-02 to allow off-site
signage within the San Bernardino International Airport and Alliance
California Specific Plan areas and to regulate signage in the Airport District
An Ordinance of the City of San Bernardino adding Section 19.22.080(7) and
amending Section 19.22.150 of the San Bernardino Municipal Code
(Development Code) related to siguage requirements for the San Bernardino
International AirpOrt and Alliance California Specific Plan Area. FIRST
READING
Mayor/Chairman Morris opened the hearing.
Valerie Ross, Director of Development Services, stated that in addition to the
Airport Authority and the Inland Valley Development Agency, this was a
cooperative effort with Stater Brothers and Development Services. She stated that
part of being an international airport is looking like an international airport and
she believed that this amendment, which would allow what technically meets the
definition of off-site signage, will go a long way in improving the aesthetics of the
24
06/18/2007
airport. Ms. Ross stated that staffs recommendation is that this development
code amendment be adopted as proposed.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, 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.
46. Public Comments
Thomas Grant, TURN Coalition, 26353 Temple Street, Highland, CA, stated
that it is his observation that the rights of non-smokers are being placed on the
back burner by law enforcement. He stated that he is tired of having to hold his
breath while people light up outside the library, and he requested that the City
Council draft an ordinance giving the same priority to non-smokers as is being
given to smokers.
Valerie Fowler, 219 Kingman Street, San Bernardino, CA, voiced her concerns
about the inconsistencies of Code Enforcement regarding an incident she reported
on March 8.
Lisa Tucker and Rev. Vines, 2662 N. "E" Street, San Bernardino, CA, invited
the Council to a grand opening of the greenhouse and garden at Anne Shirrells
Park on June 30,2007.
47. Adjournment
At 5:33 p.m., the meeting adjourned to 4:30 p.m., Thursday, June 21, 2007, in
the Economic Developmeut Agency Boardroom, for budget deliberations.
25
06/1 8/2007
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, July 2,2007, in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHELG. CLARK
City Clerk
BY~A4/JJtI~/~
Linda Sutherland
Deputy City Clerk
No. of Items: 47
No. of Hours: 4
26
06/18/2007
-,
-
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor PaJrick J. Morris
Council Members:
Esther Estradll
Dennis J. BOX/IF
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McC/J1T/lT//l(;k
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
JUNE 21,2007
ECONOMIC DEVELOPMENT AGENCY
BOARDROOM
201 NORTH "E"STREET
SAN BERNARDINO, CA
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
Community Development Commission held at 1:30 p.m., Monday, June 18, 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, June 18, 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 1:30 p.m., Tuesday,
June 19,2007, 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 4:41 p.m., Thursday, June 21, 2007, in the Economic
Development Agency Boardroom, 201 North "E" 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,
06/21/2007
-
Kelley, Johnson, McCarnmack; 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).
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
2. Budget deliberations - Fiscal Year 2007108 - discuss and take possible action
concerning proposed City budget
The following individuals from Inland Congregations United for Change (ICUe)
spoke regarding funding for programs and services for the City's youth:
Ivan Aguayo, 1068 W. 10th Street, San Bernardino, CA;
Rocio Ruiz, 1147 W. Mill Street, San Bernardino, CA;
Marelyn Hernandez, 248 W. 16th Street, San Bernardino, CA;
Cristina Ruiz, resident of the Third Ward, San Bernardino, CA;
Jocelyn Sandoval, resident of the First Ward, San Bernardino, CA;
Guadalupe Gonzalez, San Bernardino, CA;
Yvette Aguayo, 1068 W. 10th Street, San Bernardino, CA;
2
06/21/2007
,
Teresa Orozco, 1156 W. Bellview Street, San Bernardino, CA;
Blanca Ortega, resident of the Seventh Ward, San Bernardino, CA;
Mireya Olguin, 3541 Sage, San Bernardino, CA.
Mayor/Chairman Morris stated that they have begun to talk about a master plan
for Parks and Recreation. They have engaged consultants in that process and
Kevin Hawkins, the Director of Parks and Recreation, has already met with the
focus groups to discuss the strategic assessment to be done and the
recommendations to the Mayor and Council. The Mayor encouraged all youth to
attend a series of workshops to be held on Saturday, July 14, at the Western
Regional Little League Center from 9 a.m. to noon; Saturday, August II, at Casa
Ramona from 9 a.m. to noon; and Saturday, September 15, at the Perris Hill
Senior Center from 9 a.m. to noon.
The Mayor stated that several sister cities have gone beyond a master plan for
parks and recreation. He stated that San Bernardino hasn't had one since the mid
90's, but there are cities who have created a master plan specifically for youth
which would perhaps cover needs beyond those that may be identified in a parks
and recreation strategic plan. He stated that as the Council moves through this
process they may want to consider a master plan for Parks and Recreation as well
as envision a master plan for youth services in the City.
The Mayor stated that the City has been working on a Safe Summer for Youth
Program. He stated that the Council was provided with a list of investments that
began last summer and will continue with the help of ICUC youth, their advisors
and others. Examples of this summer's investments include internships, free
trips, a summer arts and music program, and free swimming lessons.
Mayor Morris stated that there is a great desire for youth employment; however,
that remains a challenge for the Mayor and Council in light of the current budget
situation. He stated that he has reviewed his own budget in the Mayor's Office
for opportunities to transfer resources. He noted that he had an item in his budget
for a consulting contract on marketing the City that he never pursued and
suggested that it be transferred to the Parks and Recreation Department to be used
for employment opportunities. He stated that Mr. Penman has offered some
internships in his office to two members of the youth community. The Mayor
stated that he would like to challenge the Parks and Recreation Department with
the obligation and opportunity to engage the business community to do exactly
what Mrs. McCammack has done and that is to host a student intern in her
business.
Council Member/Commissioner Brinker suggested that a youth commission be
established within the City and that they be tasked with the job of coming up with
a plan for youth in preparation for next year's budget.
3
06/21/2007
,
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCarnmack, that the Mayor and Common Council
organize a youth commission for the City.
Council Member/Commissioner McCarnmack removed her second.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that the subject of creating a youth commission
be referred to the Legislative Review Committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack.
Nays: None. Absent: None.
Council Member/Commissioner Brinker requested that the Council look at
addressing the subject of public safety as part of the Measure Z and Operation
Phoenix discussions. He stated that he would like the City to provide constant
police patrols in its parks, particularly during the summer so that our children feel
safe. Also, he stated that it is his belief that the parks would benefit from public
art such as murals and that these murals could possibly be a deterrent to taggers.
Mayor/Chairman Morris stated that there are some murals in La Placita Park that
had been badly tagged and had to be repainted to remove the graffiti. He stated
that Edward Perez, a professor and master muralist from Valley College, together
with art teachers and children from five local high schools are working on a
historical mural on the Union Pacific Bridge.
Council Member/Commissioner Estrada stated that one of the purposes for
redevelopment is job creation and there are funds that could be used to subsidize
businesses for providing jobs and she suggested that perhaps the Council could
consider that in their overall discussions on how to spend the $9.6 million. She
stated that she didn't think it would be difficult to develop short term contracts
with business people to hire these young people and have a portion of those
salaries offset by this fund that is supposed to be creating jobs and helping clean
up blight in the communities.
Council Member/Commissioner Johnson stated that he believed there could be a
correlation between the increase in crime in the City and the fact that the budgets
for Parks and Recreation and the Library have been ignored for quite some time.
Therefore, he suggested that some of that $9.6 million be used for Parks and
Recreation.
Council Member/Commissioner McCarnmack stated that there were
approximately $304,000 worth of additional Code Compliance requests in terms
of hiring additional officers, and she was wondering if they couldn't figure out a
way to spend $304,000 even if it means spending that extra $300,000 that is
4
06/21/2007
considered discretionary in EDA to fund those Code Compliance requests. She
stated that if they could get the business corridors cleaned up and looking and
feeling safer, the kids would have some safe routes to go from one place to
another.
Ms. McCammack stated that there's about $392,000 in potential safety issues in
this budget document. She stated that almost $200,000 is related to Parks and
Recreation and making the community centers safer, cleaning them up, making
them more beautiful, removing the gophers, sidewalk repairs, tree maintenance
and SWAT training ammunition. She stated that they should figure out a way to
fund this $400,000 and maybe some of it could be construed as potential Measure
Z funding because they need to start chipping away at some of these things that
are necessary and should not just be on someone's wish list.
Mayor/Chairman Morris reminded the Council that they would be coming back to
the table in the near future with proposals for expanding Operation Phoenix
potentially into five focus areas with suppression, prevention and intervention
strategies for each of those areas. He stated that as they expand Operation
Phoenix, one of the strategies is to beef up the City's Code Enforcement teams
and to particularly focus on the Arden Guthrie area and the area north of
Sepulveda in the Fourth Ward. He stated that they would be coming forward
with suggestions in terms of some substantial additional investments in that
operation.
Mayor/Chairman Morris stated that he hoped the Council would leave Measure Z
monies in this budget intact until they see the articulation of strategies to attack
the issues in these five areas because it's clear that what remains in Measure Z by
itself is not going to be sufficient. They are not going to be able to do meaningful
work in all five areas with those limited available dollars and it's available for a
limited period of time-approximately one year-to do this job in terms of
making this City safe through the articulation of the Operation Phoenix expansion
programs so they have to be as smart and as focused as they can be. He stated
that obviously some of those dollars will go towards prevention and intervention
to include youth related programs as they have done in the Operation Phoenix
neighborhood center on Waterman with programs that have been attended by
more than 4,000 kids over the last nine months and has kept them off the streets
in safe venues with great programs run by Parks and Recreation. He stated that
they are on the right track in terms of how they move into the future on this
budget, but he believed they should leave Measure Z resources intact for the
purposes of decision making after they review the possible strategies on
expanding Operation Phoenix.
It was the consensus of the Council that they adopt a continuing resolution and
that the City Manger be directed to schedule the next budget workshop.
5
06/21/2007
City Clerk Clark read the title of the following resolution into the record:
RES. 2007-206 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, authorizing the City of San Bernardino to
establish 2007-2008 expenditures for the month of July, 2007 only, at one-
twelfth the proposed levels contained in the preliminary detail budget for the
2007-2008 FiscaI Year, or as needed to pay the authorized costs incurred for
the month of July, 2007 only, pending rmal approval of the 2007-2008
budget.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that full reading of the resolution be
waived; and that said resolution be adopted.
The motion carried and Resolution No. 2007-206 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
3. Proposed Economic Development Agency Fiscal Year 2007/08 budget and
amendments to Agency Personnel Policies and Procedures
RES. CDC/2007-19 - Resolution of the Community Development Commission
of the City of San Bernardino, California approving the Economic
Development Agency's Budget with the exception of those portions of certain
budget lines which are related to the Uptown Redevelopment Project Area
for rlScal year 2007-08 with such amendments, changes and modifications as
are specifically authorized by said Commission, with the exception of $9.6
million. (3A)
RES. CDC/2007-20 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the Economic
Development Agency's Budget for those portions of certain budget lines
which are related to the Uptown Redevelopment Project Area for the rlScal
year 2007-08 with such amendments, changes and modifications as are
specifically authorized by said Commission, with the exception of $9.6
million. (3B)
RES. CDC/2007-21 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving amendments to Exhibits
"A", "B-1", Section 6-A, Section 8-F, and Section 17-A; and addition of "c"
Exhibits, job descriptions, of the Personnel Policies and Procedures for all
employees of the City of San Bernardino Economic Development Agency.
(3C)
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06/21/2007
Maggie Pacheco, Economic Development Agency Executive Director, stated that
the budget is presented to the Council in a four-page transmittal that outlines a
$93 million budget for the 2007/2008 Fiscal Year. She stated that $93 million is
dedicated primarily to expenditures that have been previously approved by this
board. Ms. Pacheco stated that they outlined a number of programs and projects
in their summary report and have proposed a reorganization along with some
additional positions.
Barbara Lindseth, Director of Administrative Services, distributed the following
materials and provided an overview of the information contained therein:
· "Economic Development Agency, City of San Bernardino, 2007-08 Fiscal
Year Budget" (brown sheets);
· "San Bernardino Economic Development Agency, Combined Tax
Increment Fund Projections as of May I, 2007" (white sheets); and
· "Economic Development Agency, City of San Bernardino, Cash Flow
Analysis, Low and Moderate Income Housing Fund for Fiscal Year 2007-
08, as of May I, 2007" (yellow sheets).
Ms. Lindseth stated that in order to make the budget balance, $9.6 million must
be transferred in from the carry-over fund balance to fund the following projects:
University Parkway interchange ($3 million); La Placita ($1.5 million); California
Theatre ($500,000); 3-level parking structure ($1 million); and 5-level parking
structure seismic retrofit ($3 million).
Council Member/Commissioner Brinker suggested that if they would bond even a
small portion of that $9.6 million, they could get some of the projects done now
and have some additional money left over for other things that were not included
on the list.
Council Member/Commissioner Estrada recommended that they approve the
budget with the exception of the $9.6 million, and that they come back and
deliberate on that issue at another time.
Maggie Pacheco noted that the RDA Committee also discussed the fact that they
need to have a workshop to specifically discuss the bonding capabilities of the
Agency and the distribution of the proceeds.
Council Member/Commissioner Kelley asked what other infrastructure
improvements the money could be used for.
Ms. Pacheco stated that the money could be used for the reconstruction of roads,
curbs, gutters and sidewalks. She stated that they could use tax increment for
capital facilities such as community centers and parks and recreation, but not for
7
06/21/2007
government center purposes. Ms. Pacheco stated that they would take a look at
the CIP because she knew there were a whole gamut of programs and projects
that are anticipated to be funded.
City Manager Wilson stated that they are limited by the lack of dollars for CIP
projects, and clearly the need is far in excess of the available resources. He
stated that he thought the suggestion of using the money for this purpose was a
good one.
Council Member/Commissioner McCammack requested justification for the
increase in personnel.
Council Member/Commissioner Estrada stated that the fact that there's an
additional $1 million for staffmg was thoroughly discussed at the committee level
on a position-by-position basis. Ms. Estrada stated that the IVDA does not have
the redevelopment staff so they contract with EDA to be able to deliver some of
those services. She stated that during their discussions and deliberations they
discussed the need to have their own planners and an engineer within EDA
because many projects get jammed up in the Development Services Department.
She stated that the only way to keep projects moving through the system would be
to have their own staff take over these projects. Ms. Estrada stated that those
matters had been discussed and were included in this budget and thus the
additional $1 million expenditure, which she believes will pay for itself.
Ms. Pacheco stated that in the budget the Agency is proposing to add five new
positions that will help the City. She stated that two planners and one engineer
will be hired in Development Services, and it is intended for those positions to
essentially be shared by the Agency and the City and they will prioritize and work
on Agency projects as development opportunities come into the Agency. The
planners would work on the Agency's projects first, then they could work on
other issues related to planning under the direction of Ms. Ross. Ms. Pacheco
stated that they have also budgeted for a GIS person because they rely on Ruth
Parish's Department to do their graphics and maps. She stated that it is a two-
man shop and they desperately need help. Ms. Pacheco stated that they are also
proposing a Housing Director because that position has not been filled since she
vacated that position and they need someone to work on helping them develop
comprehensive strategies and policies related to housing programs and projects.
She stated that the Human Resource Analyst position would be something that
would also possibly be shared with the City and currently they do not have a
Human Resource individual-that is handled by the Finance Department-so all
of their benefit and payroll issues and anything related to Human Resources is
handled by Finance. They have also budgeted an Enterprise Zone Manager and
they are going to assume implementation of that zone. She added that this is a
very large zone-something like 13,000 acres.
8
06/21/2007
Ms. Pacheco stated that the City does have a conditional approval on that zone,
but there are a number of incentives that would be afforded to the business
community and there will be a lot of PRlMarketing that must be done to get the
word out there about the program. She stated that they would like to hire
someone that has some of that expertise to hopefully jump-start that program.
Ms. Pacheco stated that they have a Real Property Manager, and they are
implementing a salary change that had previously been approved by this body.
She stated that they have been without a Real Estate Manager for quite some time
now and all of that is currently being handled by herself, her project managers,
and Don Gee, so they would like to fill that position.
Council Member/Commissioner Brinker stated that the idea of getting a Director
for Housing is very important. He stated that all the data suggests that the City is
on the verge of a major boom, not only in terms of housing, but also in terms of
jobs, and we need to have somebody to manage that. He stated that what he likes
about this model of having these shared resources between EDA and the City is
that it would allow them to hire people a little more quickly and it would give
them a better connection between the two agencies. One of the discussious
they've had in the past is how the agencies work together and he believes this
model will help them work together more effectively.
Council Member/Commissioner McCammack stated that she was concerned that
the proposed employee benefits do not mirror City Hall staff benefits.
City Manager Wilson stated that they have talked about the fact that the Agency
benefit package is different than the City's and in some areas is better than the
City's, and one of the concerns they have to discuss is the fact that they may have
City employees applying for these jobs.
Ms. Pacheco stated that their benefits are slightly better. She stated that PERS
was a big thing now that the City was going to go to 2.7 percent at 55 so she felt
that would equal the 3 percent at 60. Regarding some of the other perks such as
Deferred Comp and Life Insurance, they actually looked at the City's benefits and
some of these categories are currently afforded to City staff in the management
level. She stated that they looked at whether they could compete with other
Redevelopment agencies.
Ms. McCammack stated that she was concerned because there are proposed sick
leave payoffs that are 100 percent with no time limit, and she wondered how the
Agency could afford that. She stated that she was concerned that this would
cause some dilemma between City employees and EDA employees and they
certainly do not want to create another obstacle to slow things down or cause
animosity between employees.
Council Member/Commissioner Estrada stated that the Economic Development
Agency is not just another City department-it is supposed to be the
9
06/21/2007
entrepreneurial arm of the City, and as such it cannot function like the Parks
Department-it's just not meant to be that way. She stated that it is supposed to
create jobs and create more sales tax, etc., which is very different. She stated
that it is similar to the City being competitive with other cities in its safety
salaries, in that every time they talk about their safety units, it's written into the
Charter. At this level of Economic Development this is what they have to do to
remain competitive out there in the market. When they look at the salaries they
try to be as comparable as they can be with staff as other cities are with their
RDA or Economic Development staff. Ms. Estrada stated that there's a big
difference between a City Civil Service employee and an EDA "at will"
employee. She stated that the Commission needs to look at the function of EDA
very differently from the function of the City.
Council Member/Commissioner Derry stated that if these poSitiOns open it's
going to be our current planning staff and engineers who are going to apply for
these positions first, so they are competing against themselves to a certain extent.
To avoid that, Mr. Derry asked if it would make sense if they could show an
impact to the Planning Department or to the Engineering Department of the
Economic Development Agency's activities. In other words, if the activities of
the department are putting greater stress and strain on City departments, wouldn't
they be able to do what they've done with the Council budget and directly fund
those positions through EDA.
City Manager Wilson stated that the need to have these positions on the third
floor was discussed by the Committee at length because, from his perspective, the
added value was in having someone across the counter process Agency plans as a
priority as opposed to having someone request that it be made a priority.
Mayor Morris stated that he didn't want to have blurred lines of authority and
requested that a process be developed to avoid the problem of who reports to
whom.
Mr. Wilson stated that these positions will be City employees. They will be
housed in the Planning Department as a planner and an engineer under the
director of Valerie Ross handling Agency projects as top priority.
Ms. Estrada stated that they want to make sure that Commission projects are not
prolonged because there is so much work to do in Development Services that
other projects in the pipeline are being put ahead of these projects. The whole
point of having these individuals there is to be able to help move the Economic
Development projects along.
Council Member/Commissioner Johnson stated that one of their desires was to
structure this to make the Economic Development Agency work at optimum
efficiency. He stated that they want to make sure the structure will be able to
accommodate the growth that is coming to this area.
10
06/21/2007
Council Member/Commissioner Kelley stated that this proposal is creative and he
believes it is the right approach. He added that if they are concerned about losing
employees from one department to another and are concerned about benefits, then
maybe they ought to take a look at how they're structuring the third floor benefits
and how they are paying those plauners in order to retain them.
Council Member/Commissioner McCarnrnack stated that they are looking at
raising salaries in the Planning Department so they are up to par with other cities
and agencies, especially if EDA is getting its projects processed quicker than a
person who paid for fast track service through the third floor. She stated that she
wants to make sure that doesn't happen and that someone will be managing that a
little better than they have in the past.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that the Mayor and Common Council approve the
EDA budget less the $9.6 million expenditure. (Note: The vote was taken
following further discussion.)
Council Member/Commissioner McCarnrnack indicated that she needed to abstain
from every line item that referred to the Uptown Redevelopment Project Area.
Council Member/Commissioner Derry stated that they have had a lot of
discussion about potential projects and he knew they were not going to be
spending the $9.6 million at this time. He asked Ms. Pacheco if they could use
tax increment for payment of leases for satellite public safety facilities.
Ms. Pacheco answered in the affirmative.
Mr. Derry stated that there have been discussions regarding inadequate parking
and future expansion of the Police Department. He stated that the Stater Bros.
building on 40th Street is for lease at about one-half or one-third of the market rate
and it was originally offered to the City as a police station.
Council Member/Commissioner Derry made a substitute motion that language be
added to the original motion to include up to $300,000 for a potential lease of the
Stater Bros. building for the purpose of a police station. (Note: The motion died
for lack of a second.)
Council Member/Commissioner Estrada stated that no one has corne forward
with a plan that convinces her that this should be done at this point in time.
Council Member/Commissioner Brinker stated that he was supportive of the idea
of having a police substation, but he believes there needs to be a process and a
full debate on the subject.
11
06/21/2007
Council Member/Commissioner McCammack stated that they have received
documents every year for four out of five years from the Police Department
relative to their five-year strategic plan and their needs. She stated that she feels
that the north end has been underserved in terms of police presence far too long.
She stated that she has studied some of the areas in both the City's and the EDA's
budgets and found about $140,000 that is being spent on lease space elsewhere in
the City that they are paying far more dollars per square foot than they could at
this particular location, so they may end up even being in a cost savings situation
if they were to at least discuss this prospect.
Mayor/Chairman Morris stated that this property is not available for the purposes
intended by Mr. Derry and it is off the market as far as Mr. Brown is concerned.
He stated that it is a bad idea to articulate a specific amount of money from the
reserve fund for a specific purpose. He stated that the idea of a substation mayor
may not have merit and that should be discussed with an eye to the future when
and if they invest in such when the need arises, but they should not reserve a
specific amount of money in this budget from that particular available EDA
resource.
Council Member/Commissioner Johnson stated that that area probably is in need
of a substation. He stated that when they have their workshop to discuss the $9.6
million they could discuss the possibility of a substation at that time.
Ms. McCammack stated that there still is a "For Lease" sign on that building and
it has been there for six years. She suggested that there were some other real
opportunities for portions of that building including some Operation Phoenix-type
functions in maybe 1,000 square feet of that building, and there were. also some
other functions that could be handled in there such as intern training. She stated
that there is a whole host of things that could be accomplished in that building
because there is no such facility in the north end.
Ms. McCammack stated that if they were not going to at least lay it on the table
at this point then she would suggest that they start delving a lot more deeply into
some of the line items that they have no justification for, and if that's the case,
she is not prepared to approve the EDA budget in total. She stated they do not
have justification for Casa Ramona, Operation Phoenix, $1 HUD Program
Carryover, Meadowbrook Fourplex Acquisition, GFC Downpayment Lynwood.
Mayor/Chairman Morris recommended that the motion that should be made and
passed is that they reserve the $9.6 million for further deliberation and discussion
without specifying the purposes intended.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that full reading ofresolutions 3A, 3B, and 3C be
waived; and that said resolutions be adopted, with the exception of $9.6 million.
(Note: No vote was taken at this time.)
12
06/21/2007
Council Member/Commissioner Derry made a substitute motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
include up to $3,000 for a potential lease of the Stater Bros. building on 40th
Street. (Note: The vote was taken following further discussion.)
City Clerk Clark read Resolutions 3A, 3B, and 3C into the record and noted for
the record that Resolution 3B does specifically impact the Uptown Redevelopment
Project.
Council Member/Commissioner McCammack suggested an amendment to the
substitute motion to exclude the Uptown Redevelopment area.
Council Member/Commissioner Derry accepted Ms. McCammack's amendment.
The motion made by Council Member/Commissioner Derry as amended by
Council Member/Commissioner McCammack, seconded by Council Member/
Commissioner Kelley, failed by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, McCammack. Nays: Council Members/
Commissioners Estrada, Baxter, Johnson. Absent: None. (Note: The motion
was vetoed by Mayor Morris.)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of Resolution 3A be waived; and
that said resolution be adopted, with the exception of $9.6 million.
The motion carried and Community Development Commission Resolution No.
CDC/2007-19 was adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Nays: Council
Members/Commissioners Derry, McCanunack. Absent: None.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of resolution 3B be waived; and
that said resolution be adopted, with the exception of $9.6 million.
The motion carried and Community Development Commission Resolution No.
CDC/2007-20 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.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of resolution 3C be waived;
and that said resolution be adopted.
13
06/21/2007
- I
The motion carried and Community Development Commission Resolution No.
CDC/2oo7-21 was adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
4. Discuss and take possible action concerning public opinion survey results and
possible November 2007 baUot measure to modernize the City's Utility User's
Tax ordinance
Mayor/Chairman Morris stated that Fairbank, Maslin, Maullin & Associates was
hired to assist the City in surveying public opinion on this subject. He introduced
Mr. John Fairbank, the principal partner of that fIrm, to report on the polling
data.
John Fairbank of Fairbank, Maslin, Maullin & Associates, stated that the
interviews were conducted by telephone between June 7-12, 2007, to 500 people
with histories of voting in the City's Municipal Election in November 2007. Mr.
Fairbank stated that 85 percent of those polled rated the issue of crime, gangs and
drugs as extremely, very serious; whereas, the amount paid in City utility taxes
was ranked at the bottom of the list.
Mr. Fairbank stated that they worked with legal counsel to develop very specifIc
language that would be appropriate for the ballot. He discussed the different
ballot language options that were provided to the voters and the percentages of
support vs. opposition. He stated that City of San Bernardino voters were more
interested in not increasing utility tax and using that money to maintain funding
for services-public safety being at the top of the list.
Mr. Fairbank stated that they are fInding in many cities that when voters learn
that there are going to be money cuts from the budget relative to public safety,
they clearly do not want to increase the utility tax-there is slightly more support
for continuing the utility tax at its current rate as opposed to reducing it.
City Attorney Pemnan stated that the fIrm initially worked with special outside
counsel in developing the ballot language-it was not the City Attorney's Office.
Council Member/Commissioner Brinker asked what was the threshold of this
measure passing-what level had to be met.
Mr. Fairbank stated that 50 percent plus 1 is needed. He stated that in order to
pass any fmance measure he suggested the City wage some kind of public
education or campaign to help get it passed.
Council Member/Commissioner Brinker asked if this was something they had to
undertake because of changes in the law.
14
06/21/2007
Mayor/Chairman Morris answered in the affirmative. He stated that they were at
risk of losing this source of revenue if they don't modernize the ordinance
language.
City Manager Wilson stated that a number of cities have gone through this
election process so far-probably 10 or 15 throughout the State-and in almost
every case the tax was lowered a little bit and the measure passed successfully.
Council Member/Commissioner McCammack asked the City Manager to provide
some computations to the City Council in regard to the loss of revenue should
there be a decision by this body to reduce the tax to 7.75 percent.
Council Member/Commissioner Derry stated that this survey was done prior to
the sununer months when people start getting large electric bills and they really
start paying attention to that 7.83 percent. He stated that if we have a really hot
sununer it may raise the profile of the tax.
Mayor/Chairman Morris stated that this was just an informational session today to
start the Council down the road toward making a decision about the ballot
measure and the wording of that measure and the arguments in support thereof.
He stated that they have time to deliberate on this. He asked that the City
Council be provided with a copy of the survey results.
City Manager Wilson stated that he would provide the Council with the survey
results and also the fiscal impact of a reduction in the utility tax from .1 to .15
percent.
City Clerk Clark pointed out that if the Council decides to place the measure on
the ballot she recommended that action be taken no later than the second meeting
in July in order to meet the County's deadlines for arguments, etc.
It was the consensus of the Council that the matter be agendized for the next
regularly scheduled Council meeting to be held on July 16, 2007.
NBl. Reconsideration of Eminent Domain Program for the Uptown Redevelopment
Project Area - Agenda Item No. 9B at the June 18, 2007 Council meeting
ORD. MC-1250 - Ordinance of the City of San Bernardino approving and
adopting an Eminent Domain Program in compliance with the California
Community Redevelopment Law for Uptown Redevelopment Project Area.
FINAL READING
Mayor/Chairman Morris asked the Council to make a motion to reconsider this
item which was on the consent calendar at the June 18, 2007 Council meeting.
He stated that this item had been adopted unanimously; however, Councilwoman
15
06/21/2007
McCammack unintentionally voted in favor of the ordinance rather than
abstaining due to a conflict.
Council Member/Commissioner McCammack indicated that she needed to change
her vote to an abstention on Agenda Item No. 9B due to the fact that her business
is located within 500 feet of the subject area. She left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be readopted and that Council
Member/Commissioner McCammack's declaration of conflict be acknowledged.
The motion carried and Ordinance No. MC-1250 was readopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner
McCammack. Absent: None.
NB2. RES. CDC/2007-18 - 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 a Construction Contract by and between the Agency
and JM Builders, Inc. for Improvements to the California Theatre of the
Performing Arts (Central City North Redevelopment Project Area).
(Continued from June 18, 2007)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
The motion carried and Resolution No. CDC/2oo7-18 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
NB3. Request from Ronald McDonald House for waiver of Transient Lodging Tax
(TL T) fees
Mayor/Chairman Morris stated that an issue had been brought to the City Clerk's
attention by the Ronald McDonald House in Lorna Linda regarding concerns they
have about having to relocate all the families out of that home to local hotels-
families whose children are in the hospital-because they are having to do some
major repair work on the house.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter arose subsequent to the
posting of the agenda.
16
06/21/2007
..
.
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 stated that she had received a phone call from Mrs. Feldmeier
who is the Executive Director of the Ronald McDonald House in Loma Linda.
She explained that the Ronald McDonald House is undergoing major renovations,
and as a result they are going to have to relocate 21 families one week from
today. She stated that they have negotiated with the Hilton Hotel and the hotel
has agreed to provide five complimentary rooms for a period of 36 nights, which
leaves 16 families that the Hilton has graciously given a discount rate of $50.
City Clerk Clark stated that the Ronald McDonald House wants to know if the
City could waive the Transient Lodging Tax (TLT) , which would save them
slightly under $3,000 for that period of time. The Ronald McDonald House
usually charges the families $10 per day, but most times these families arrive with
the clothes on their back with no food and/or expense money.
City Attorney Penman stated that Mrs. Clark had contacted his office to see if
there was an exemption, and there is one exemption that may apply. He referred
to Section 3.55.035 A(3) of the Municipal Code which states: "Room rental
payment made to any hospital, medical clinic, convalescent home or home for
aged people." Mr. Penman stated that he didn't know if the Ronald McDonald
House could work something out with Loma Linda University Hospital providing
that the people could pay the amount to the hospital for the room who could then
pay the Hilton and that would qualify as an exemption. He stated that the
alternative is that the Council could decide whether they want to rebate the money
to the Hilton Hotel.
Mayor/Chairman Morris suggested that they choose the more simplified
alternative and rebate the amount of the tax to the Hilton Hotel.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that that the Mayor and Common Council rebate
the TLT fees paid for 16 hotel rooms to the Hilton Hotel. (Note: The vote was
taken following further discussion.)
City Attorney Penman advised that if the families are there for more than 30
days, the tax would not apply.
City Clerk Clark stated that she understood that the families would only be there
for 36 days.
City Attorney Penman stated that they should verify whether the tax is going to
apply based on how long the families are going to be there.
17
06/21/2007
.
Mayor/Chairman Morris suggested that the motion be worded that if the stay is
less than 30 days, then the City will rebate the TLT tax to the Hilton Hotel.
Council Member/Commissioner Kelley amended his original motion, seconded by
Council Member/Commissioner Johnson, that the Mayor and Common Council
rebate the TLT fees paid for 16 hotel rooms to the Hilton Hotel if the stay for the
families from the Ronald McDonald House is less than 30 days.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
5. Adjournment
At 8:31 p.m., the meeting adjourned to 6:30 p.m., Sunday, June 24,2007, at the
California Theater at 562 W. Fourth Street; and 5:30 p.m., Monday, June 25,
2007, at the County Government Center Rotunda downtown, 385 North
Arrowhead Avenue, San Bernardino, California, for a special Urban Land
Institute "Welcome" Reception. The next joint regular meeting is scheduled for
1:30 p.m., Monday, July 2, 2007, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
No. of Items: 8
No. of Hours: 4
BY~JI.lU&A~/
Linda Sutherland
Deputy City Clerk
18
06/21/2007
CITY OF SAN BERNARDINO
300 N. "D. Street
San Bernardino, CA 92418
Website: www.sbdty.org
Mayor Patril:k J. Morris
COWldl M.mbers,
Esther Estrada
DIII1Iis J. Baxter
Tobin Brinker
N.UDorry
ChtJs K.lley
RikkI Van JDhnson
WIIIdy McComnuu:k
..
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
IUL Y 2, 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 1:33 p.m., Monday, July 2,2007, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
RoD CaD
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):
Frank In2ram, et al' v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 05-Q0925 V AP (SGLx);
Manta Mana2ement v. City of San Bernardino - California Supreme
Court Docket No. SI44492.
07/02/2007
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)
Claim of Maria Laura Maninez
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.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under Agenda Item No. lA, Existing litigation:
Jamie Johnson v. City of San Bernardino, Wackenhut, et al. - United
States District Court Case No. EDCV 07-00028;
J.R. v. City of San Bernardino, et aI. - United States District Court Case
No. EDCV 05-1045; and
Emelio S. Flores, et aI. v. City of Hijlhland, City of San Bernardino, et
al. - San Bernardino Superior Court Case No. CIVSS 700464.
Under Agenda Item No. 1B, Significant exposure to litigation:
Claim of Garrett Warren
One additional matter nat on agenda
Agenda Item No. 45
2
07/02/2007
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.
InvocationlPledge of Allegiance
The invocation was given by Pastor Anthony Fox of True Vine Ministries, followed by
the pledge of allegiance, led by Council Member Wendy McCammack.
2. Appointments - Mobile Home Board - Mayor Morris
Sandra Kurkoske - Park Owners' Representative
Steven Oquendo - Member at Large
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the appointments of Sandra Kurkoske and
Steven Oauendo to the Mobile Home Board, as requested by Mayor Morris, be
approved.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
3. Proclamations & Presentations
Mayor/Chairman Morris read into the record and expressed his support for a
resolution recently adopted by the County of San Bernardino regarding
California Children's Outdoor Bill of Rights. He was joined by Kevin Hawkins,
Director of Parks, Recreation and Community Services.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
3
07/02/2007
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
Council Member/Commissioner Kelley stated that he had spoken to the City
Clerk regarding modification of the minutes of April 16, 2007; therefore, he
was recommending that the minutes of May 7 and June 7 be approved and the
minutes of April 16 be continued for two weeks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson that the minutes of the May 7, 2007
and June 7, 2007 meeting(s) of the Mayor and Common Council/Community
Development Commission of the City of San Bernardino be approved as
submitted in typewritten form; and that the minutes of April 16, 2007 be
amended and continued to the Council/Commission meeting of July 16, 2007.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
7. Claims & Payroll
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated June 20,
2007, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
8. Personnel Actions
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated June 29, 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:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
4
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
07/02/2007
9. RES. 2007-207 - Resolution of the Mayor and Common Counell of the City
of San Bernardino authorizing the City Manager to execute an Animal
Housing Services Agreement by and between the City of San Bernardino
and the City of Grand Terrace from July 1, 2007 through June 30, 2010.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-207 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. Item Deleted
11. Item Deleted
12. RES. 2007-208 - Resolution of the Mayor and Common Counell of the City
of San Bernardino authorizing an Agreement with the City of San
Bernardino and Western Regional Little League Baseball for financial
assistance from the Civic and Promotion Fund for FY 2007/08.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; that direct
funding in the amount of $5,000 from the FY 2007/08 Civic and Promotion
fund be approved; that indirect funding in the amount of $38,396 be transferred
from the FY 2007/08 Civic and Promotion fund to various City departmental
accounts as listed in the staff report from Fred Wilson, dated June 7, 2007; and
that a waiver of fees and use of City personnel and equipment be authorized in
the conduct of the 2007 tournament season.
The motion carried and Resolution No. 2007-208 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
13. Item Deleted
14. ORD. MC-1251 - An Ordinance of the City of San Bernardino adding
Section 19.22.080(7) and amending Section 19.22.150 of the San Bernardino
Municipal Code (Development Code) related to signage requirements for the
San Bernardino International Airport and Alliance California Specific Plan
Area. FINAL READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted.
5
07/02/2007
Ordinance No. MC-125l was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2007-224 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Grand Pacific Contractors, Inc.
for construction of ADA access ramps and sidewalks at various locations
(phase VII) - 2005/06 (SS-B), per Project Plan No. 11501.
Discussion ensued regarding how staff had determined the locations for these
improvements. Several of the Council members had specific locations in their
wards that they thought should have been on the list; however, they had not
been included. The Council members questioned how they would go about
getting their projects on the list.
Valerie Ross, Director of Development Services, advised that they get numerous
requests regarding missing sidewalks and ramps, and they try to prioritize them
so the improvements are done throughout the city. She indicated that they
would soon be doing the Capital Improvement Program (CIP) for 2008, and the
Council members could add those locations in their wards that they consider top
priority .
Council Member/Commissioner McCammack indicated that the City was under
a federal mandate to spend a certain amount of money per year, and this project
was approximately $165,000 short of that mandate. She stated that she wanted
to make sure that the City is spending the money it is mandated to spend on
ADA ramps throughout the city.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2007-224 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2007-209 - 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 Cl\ion
Boulevard and University Parkway area without compliance with the
Special Assessment Investigation, Limitation and Ml\iority Protest Act of
1931; declaring its intention to proceed to order work within the district, to
be known as Assessment District No. 1057; preliminarily approving the
Engineer's Report and giving notice of a public hearing.
6
07/02/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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 University
Parkway and Cajon Boulevard Area (Parcel Map No. 17375), to be known as
Assessment District No. 1057; and that said resolution be adopted.
The motion carried and Resolution No. 2007-209 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
17. RES. 2007-210 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of an east-west alley, northerly of Little
League Drive and east of Magnolia Avenue.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-210 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2007-211 - A Resolution of the Mayor and Common ConneD of the
City of San Bernardino declaring its intention to authorize the annexation of
territory (Annexation No.2) to Community Facilities District No. 1033, for
Tentative Parcel Map No. 17052 located on Industrial Parkway between
Cable Creek and DevU's Creek Flood Control Channels and adopting an
annexation map showing the territory of Annexation No.2.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services and
the City Clerk be authorized to proceed under Chapter 2.5, Part 1, Division 2,
Title 5 of the Government Code of the State of California, as amended, with
Community Facilities District No. 1033 Annexation No.2, Tentative Parcel
Map No. 17052 (Subdivision No. 04-35) and Development Permit n No. 04-54,
located on Industrial Parkway between Cable Creek and Devil's Creek Flood
Control Channels; and that said resolution be adopted.
The motion carried and Resolution No. 2007-211 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
7
07/02/2007
19. RES. 2007-212 - Resolution of the City of San Bernardino authorizing an
additional funding allocation to HaIl & Foreman, Inc. and AEI-CASC
Engineering, Inc. D.B.A. AEI-CASC Consulting for on-caII plan review
services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-212 was adopted by the following yote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2007-213 - Resolution ofthe Mayor and Common Council of the City
of San Bernardino authorizing execution of a Reimbursement Agreement
with Opus West Construction Corporation for traffic signal, interconnect,
and bus stop improvements at Hospitality Lane, Caruegie Drive and
Tippecanoe Avenue.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-213 was adopted by the following yote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. Set Capital Improvement Program (CIP) Workshop - Monday, July 16,
2007 at 5:00 p.m. - Economic Development Agency Boardroom - review the
5-Year Capital Improvement Program - Fiscal Years 2007/08 - 2011/12
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that a Capital Improvement Program (CIP)
Workshop be set for Monday, July 16, 2007, at 5:00 p.m. in the Economic
Development Agency Boardroom to review the 5- Y ear Capital Improvement
Program - Fiscal Years 2007/08 - 2011/12.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
22. RES. 2007-214 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the City Manager to execute an Amendment to the
Consultant Services Agreement with URS Corporation dba URS
Corporation Americas, pursuant to Municipal Code Section 3.04.010B.3, to
provide seismic hazard assessment services for San Bernardino City Hall.
8
07/02/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-214 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. RES. 2007-231 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement with and
issuance of a purchase order to ACH Mechanical Contractors, Inc. for the
replacement of the BY AC system at GaJaxy Gymnasium.
It was noted that II bid packets were sent out, however, only three companies
had responded. Council Member/Commissioner McCammack requested that
the City Manager contact a few of the more reputable local contractors to
determine why they did not submit a bid on this project.
Later in the meeting, Tony Frossard, Project Manager in Facilities
Management, reported to the Council that he had conducted a telephone survey
of some of the local contractors. As background, he explained that the City
originally bid this project in June 2006, and rejected all bids in October 2006.
They re-bid the job May 29, 2007. He explained that they had originally
rejected all bids because they had a good low bid; however, that company went
bankrupt before they actually started the project. The next bid was considerably
higher, and staff did not feel that it was a fair bid.
He stated that he had spoken with Davidson Air Conditioning, who indicated
that they had bid the job before; however, they didn't want to go through the
bidding process again. He also spoke with someone at Arrowhead Mechanical,
who stated that timing, and the fact that when he was on the job walk he didn't
think he could compete with some of the other vendors, led him to decide not to
bid the project.
Mr. Frossard stated that everyone else he had called was gone for the day.
Council Member/Commissioner McCammack stated that the process for
completing a bid for any government agency is huge, and for the City to have
rejected all bids after those vendors did all that work, and then ask them to
come back and do it allover again, was really a hurdle. She stated that she felt
it had been an unfair process and wondered if it was possible to go back and
look at the bids that were bid previously to see how they compared with the bids
they had now.
9
07/02/2007
Mr. Frossard was uncertain, but stated that he believed they were considerably
more-that the next low bid was $174,000.
Council Member/Commissioner KeIley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-231 was adopted by the foIlowing vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, KeIley, Johnson.
Nays: Council Member/Commissioner McCammack. Absent: None.
24. RES. 2007-225 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino Fire Department
to extend the Agreement with Advanced Data Processing, Inc to provide
billing services for EMS and Paramedic Membership Program Fees from
July 1, 2007 through June 30, 2008.
Council Member/Commissioner McCammack advised that in discussions with
Fire Chief Conrad he had indicated that it costs more to maintain the biIling
program than the City actually receives from the program. She indicated that
the Chief was looking for a way to fix this situation; therefore, she was worried
about moving forward with this agreement because once an agreement has been
signed, nobody seems to want to rescind it. She asked the Chief how quickly he
might be able to work on this.
Chief Conrad noted that the City does have a positive flow of revenue into the
City from this program; however, the collection rate is quite low after the City
pays the $17.50 for every biII that ADPI sends out. He stated that he was
looking at various ways to coIlect these biIls-one being our own process here
within the City. The other idea was to work with AMR and have them include
the City's fee on their bill; however, AMR is in the process of setting up a new
financial system so they are currently not interested. He stated that right now
they were just asking to extend the program as it is, while staff looks at some of
these other options.
In response to comments regarding misuse of the program, he pointed out that
one of the things being considered for possible Council approval is to only levy
a fee on those individuals who are actually transported by ambulance, which
would indicate a serious medical condition. He added that the real issue is not
who we biIl, but how much is coIlected-we have only a 30 percent collection
rate.
Council Member/Commissioner Kelley noted that in the past the Council did
exempt senior citizens and low income families; however, it seems unfair to biII
those stuck in the middle (the 30 percent), who are basically paying for others to
get a free ride.
10
07/02/2007
~--
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-225 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson,
McCammack. Nays: Council Member/Commissioner Kelley. Absent: None.
25. RES. 2007-215 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an amendment to Resolution No. 2004-82,
which Is a side letter to Resolution No. 1999-154, for full-time, regular,
active Fire Safety Employees.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; that the Mayor
and Common Council approve six (6) firefighter P-I positions, to begin
employment on May I, 2008, ($5,002-$6,337/mo.); that the Human Resources
Department be authorized to update Resolution No. 6429, Section Three, to
reflect this action; and that the Director of Finance be authorized to amend the
FY 2007/08 Fire Department budget and transfer $180,000 in salary savings
(Account No. 001-202-50XX - Salaries & Benefits) to Fire Department Station
Maintenance (Account No. 001-202-5507 - Facilities Services).
The motion carried and Resolution No. 2007-215 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McC!lffiTIllIck. Nays: None. Absent: None.
26. Item Deleted
27. Item Deleted
28. RES. 2007-216 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to award a
purchase order for maintenance for Police Document Imaging System
workflow software and SCAnniJ1g station hardware/software with Avrio
Corporation of Glendale, CA.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-216 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11
07/0212007
29. RES. 2007-217 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to award a
purchase order for Police vehicle safety lighting and siren equipment with
Federal Signal Corp. of University Park, IL.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-217 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
30. RES. 2007-218 - Resolution ofthe Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to award an annual
purchase order and Service Agreement for the City's 800 MHz voice/data
backbone, MDC maintenance, dispatch console maintenance, and user
equipment maintenance with the County of San Bernardino's 800 MHz
Group.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-218 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. RES. 2007-219 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to award a
purchase order for maintenance services from Tiburon Inc. of Pleasanton,
California.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-219 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12
07/02/2007
32. RES. 2007-226 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment
No. 17 to the Agreement between the City and Casa Ramona, Inc. relating
to the operation of a drop-in center located at 1524 West 7'" Street, San
Bernardino, California, to extend the term of the Agreement for an
additional one year period and ratifying all action taken between July 1,
2007 and the date that the Resolution is executed.
Note: Agenda Item Nos. 32, 33, and 34 were considered simultaneously.
Council Member/Commissioner Estrada stated that she would abstain on this
item because Casa Ramona is her employer. She left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner Brinker asked why the funds for Agenda Item
Nos. 32, 33, and 34 were coming from the General Fund and not from
Community Development Block Grant (CDBG) funds.
City Manager Wilson advised that it was really a matter of priorities, and that
these items had been funded through the General Fund for a number of years.
He added that he believed that most of the CDBG funds had already been
allocated.
Mr. Brinker stated that he understood that the CDBG money had already been
allocated, but he wanted to know whether these projects would meet the criteria
for that kind of funding.
Mr. Wilson stated that he believed that they would, but he would have to confer
with Maggie Pacheco, Executive Director of the Economic Development
Agency.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-226 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Estrada. Absent: None.
33. RES. 2007-227 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment
No. 4 to the Services Agreement between the City of San Bernardino and
New Hope Missionary Baptist Church to provide community services at the
New Hope Family Life Center. (See related Agenda Item No. 32)
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-227 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Estrada. Absent: None.
34. RES. 2007-228 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of Amendment No. 3 to the Head
Start Contract with the County of San Bernardino Department of Human
Services to provide pre-school services for the period of July 1, 2007
through June 30, 2008 and ratifying all action taken between July 1, 2007
and the date that the Resolution is executed. (See related Agenda Item No.
32.)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-228 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Estrada. Absent: None.
35. Item Deleted.
36. RES. 2007-229 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and purchase
order in the amount of $350,000.00 with one one-year extension at the
City's option, between the City of San Bernardino and Nelson Paving and
Grading Corporation (NPG), for miscellaneous street repairs throughout
the City of San Bernardino.
Council Member/Commissioner Kelley stated that he wanted to make sure that
he had an opportunity to meet with staff to discuss the issue of some
miscellaneous street repairs.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2007-229 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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07/02/2007
37. RES. 2007-220 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance to amend the FY 06-
07 budget by transferring $342,000.00 into Account Number 527-413-5179
in order to balance out this account, and to increase Purchase Order
Number 300476 in the amount of $20,000.00 between the City of San
Bernardino and Inland Regional Material Recovery Facility (lRMRF)
pursuant to 3.04.01083, of the Municipal Code for transfer trash disposal
fees.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-220 was adopted by the following yote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
38. RES. 2007-221 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to annual Purchase Order
Number 207326 in the amount of $24,000.00 between the City of San
Bernardino and the County of San Bernardino Solid Waste Management
Division pursuant to 3.04.01083, of the Municipal Code for street sweeping
and street dumps disposal fees.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-221 was adopted by the following yote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
39. RES. 2007-222 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and increase
to a purchase order to McCray Enterprises of San Bernardino pursuant to
Section 3.04.010 B-3 of the Municipal Code to refurbish two (2) automated
refuse trucks including a new Labrie Automizer refuse body to be utilized
by the Public Services Department Refuse Division.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 Refuse budget to
appropriate $20,700 from the unappropriated Refuse Fund balance into Account
No. 527-412-5173, Outside Vehicle Maintenance.
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The motion carried and Resolution No. 2007-222 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
40. RES. 2007-223 . Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Consultant
Services Agreements by and between the City of San Bernardino and ERlSS
Corporation, a California Corporation, to perform a SBET A Labor Market
Survey and a SBETA Web Based Applications / Tools and Workforce
Reference System pursuant to Municipal Code Section 3.04.010B.3.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-223 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
41. Ban the Box Review
City Manager Wilson explained that "Ban the Box" seeks to remove the
criminal history questions from the initial employment application, citing
potential discrimination. He stated that previously the Council took action to
refer the matter to Personnel Committee and to the Human Resources
Department for further discussion and recommendation.
Linn Livingston, Director of Human Resources, provided an overview of the
staff report, explaining that it had been prepared with the help of the City
Attorney's office and the Civil Service Department.
She stated that there is a perception that a conviction will keep somebody from
getting employment with the City of San Bernardino; however, it is important to
point out that a conviction does not necessarily mean that you will not be
employed with the City. She stated that applications are looked at on a case-by-
case basis, and several factors are taken into account such as the applicant's
criminal record, seriousness of the offense, the position applied for, and other
mitigating factors.
She pointed out that safety positions and recreation positions are a little bit
different than other positions, and it is very important to note that they have
their own standards and they are looked at differently.
Ms. Livingston stated that one of the things that the three departments had
worked on was how the City could take a positive step forward and do
something to eliminate the perception that a conviction noted on their application
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07/02/2007
would preclude them from getting employment with the City. To that end, staff
was making three recommendations, as follows:
I. Relocate the prior felony and/or misdemeanor information to the end of
the application.
2. Add the language, "conviction will not necessarily disqualify an
applicant from employment. n
3. Add language that states, "exclude convictions for marijuana-related
offenses more than two years old, n which will keep the City in
compliance with state laws.
Ms. Livingston stated that staff is not recommending that the City "Ban the
Box"-that even though they believe it is important to streamline the process,
for liability reasons it's not a good idea, and their recommendation is not to do
so.
City Attorney Penman advised that state law presently provides that we cannot
consider convictions for marijuana use that are more than two years old. He
added that there is an exception for peace officers, but other than that, pursuant
to state law we cannot consider those convictions, so that is why that language
has been added to make our application form consistent with state law.
The following individuals expressed dismay and discouragement with staff's
recommendation not to "Ban the Box," clting a lack of methodology and
statistics to substantiate the decision and negative hiring practices they have
personally encountered:
Kim Carter, who ascertained that six other entities have banned the box;
Stephanie Brooks;
Tasha Banken;
Michelle Freeman;
Cherie Abercombie;
Jay Lindberg, who ascertained that when you say a conviction "may not" or
"will not necessarily" disqualify, that it is just legal language that means
nothing. He stated that he thought something that would be far more humane
would be to include language such as, "nonviolent offenses greater than ten
years old can be omitted."
Council Member/Commissioner Baxter asked Ms. Livingston if staff had looked
at several other cities that had already banned the box, and whether there were
six such cities in California.
Ms. Livingston answered that the City of San Francisco has "Banned the Box"
and Los Angeles was considering it; however, at the time they made their
inquiry, Los Angeles had not actually implemented it.
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07/02/2007
She pointed out that although San Francisco has "Banned the Box,>> all
applicants are now required to complete a special two-page conviction
supplemental to the application. Then, they don't actually look at that
supplemental until somebody has been made a job offer later in the process.
Council Member/Commissioner McCammack stated that if the City takes the
action that is being requested, she feels it will send a mixed message to young
people relative to crime prevention-that we're trying to teach kids not to break
the law because there are consequences to pay if you do. She noted that the
consequences could be short or they could be long, but the message is "don't
break the law," and if we change our tactic now we will be sending mixed
messages to these kids, saying it's OK if you have a felony, we might just look
the other way, and that is not a message that she is willing to send to young
people.
Council Member/Commissioner Johnson stated that our system in this country is
based on the belief that people can be rehabilitated, and "Banning the Box"
would remove the criminal history from the original employment application.
He stated that cities across the nation have looked at doing this, and several
cities have found that the criminal history question creates an unnecessary
barrier to employment. He stated that San Bernardino has an opportunity to say
that we can be a city of hope, a city where people can have a chance to be
somebody, but we decided not to look at it that way. It appeared to him that
staff didn't really do a study, but merely put something out there because it was
scheduled to come back before the Council.
City Attorney Penman read into the record Public Resources Code Sections
5164A(1) and 5164B(1) which prohibit hiring individuals convicted of specified
offenses to work in parks, playgrounds or recreational centers in positions
having supervisorial or disciplinary authority over any minor.
He also read Labor Code Sections 432.7 and 432.8 relative to marijuana and
limitations placed on employers insofar as asking an applicant for employment
to disclose arrest information that did not result in a conviction or information
concerning referral to or participation in any diversion program.
Council Member/Commissioner Kelley noted that based on the legal guidance
that Mr. Penman provided, the Council is, in fact, protecting all of our
residents, including our children at our recreational facilities.
Council Member/Commissioner Derry stated that he had no objection to our
current policy-that he understood the concerns of the folks in the audience, but
he didn't see a need for us to augment or change our policy, which has been in
place for years. He stated that he would be voting against the recommended
motion.
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07/02/2007
Mayor/Chairman Morris pointed out that one of the speakers had commented
that there were six jurisdictions in California that have moved to "Ban the
Box"-that is, to delay the background check to a later stage of the hiring
process. He questioned if this was in fact the case, and whether staff had done a
complete investigation as to whether there are other cities that have done this. If
so, how was it working-had it been successful or had it resulted in bad hires.
He wanted to know how thorough staff had been in making an analysis for the
Council to reflect upon.
City Manager Wilson stated that it was his understanding, from Ms.
Livingston's comments and the staff report, that San Francisco has done so and
Los Angeles considered it. Since those were the only two cities that were
mentioned, he assumed that was the case.
Ms. Livingston stated that they looked around California, but they did not talk
to San Francisco.
From the back of the auditorium speaker Kim Carter recited the names of the
six entities as City of Oakland, City and County of San Francisco (which is
actually one entity), and County of Alameda. Note: Due to the fact that she did
not have a microphone, complete information was not picked up on the tape nor
heard by the recording deputy city clerk.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that no further action be taken on "Ban
the Box;" and that the Mayor and Council concur with the changes to the City's
employment application as recommended in the staff report dated June 22,
2007, from Linn Livingston, Director of Human Resources.
The motion carried by the following vote: Ayes: Council
Commissioners Estrada, Baxter, Brinker, McCammack. Nays:
Members/Commissioners Derry, Kelley, Johnson. Absent: None.
Members/
Council
42. Resolution of the City of San Bernardino noticing a public hearing relative
to the formation of Underground Utility District No. 34, generally located
along portions of 3rd Street, between Waterman Avenue and a point 205 feet
east of the centerline of Shirley Avenue, in the City of San Bernardino.
(Continued from June 4, 2007)
Staff recommended that this matter be tabled.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
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The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
43. Resolution establishing the San Bernardino Bicentennial Ad Hoc Committee
(Continued from June 18, 2007)
Resolution of the Mayor and Common Council of the City of San
Bernardino establishing the San Bernardino BicentP.nniAI Ad Hoc
Committee of 19 members with two alternates for the purpose of plAnning
the celebration of the 200tb Anniversary of the Founding of San Bernardino.
(43A)
RES. 2007-230 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing the San Bernardino Bicentennial Ad Hoc
Committee of nine members with two alternates for the purpose of planning
the celebration of the 200tb Anniversary of the Founding of San Bernardino.
(43B)
Dr. Bill Coleman, who was instrumental in working with the ad hoc
committees planning the bicentennial of the United States ip. 1976, and later, the
bicentennial of the constitution, suggested that the ad hoc committee first be
established as a small group with a good strong leader, which could then be
expanded as events begin to unfold. He suggested David Smith as a potential
chair for the committee.
During the subsequent discussion, it was noted that the language in the
resolution did not stipulate that any two of the four Mayoral appointees (two
regular and two alternate members) could be nonresidents of the City. It was
suggested that the City Attorney's office provide a corrected resolution to be
considered by the Council later in the meeting.
The corrected resolution was distributed to the Council for their review.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the corrected Resolution 43B, be adopted.
Resolution No. 2007-230 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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07/02/2007
44. Resolution of the City of San Bernardino authorizing the City Manager or
his designee to execute the sale of two Kawasaki Police motorcycles (as
equipped, minus City radios) to the San Bernardino County Sheriff's
Emergency Vehicle Operations Center (EVOC) to be used as training
motorcycles for basic and instructor police motorcycle classes. These
motorcycles are identified as Unit #1005 (VIN #JKAKZCP28ZB519662, a
2002 Kawasaki) and Unit #1006 (VIN #JKAKZCP2XYB517713, a 2000
Kawasaki). (Continued from June 18, 2(07)
Mayor/Chairman Morris stated that he had been advised by the Police Chief that
due to an accident only one motorcycle was now available; and there was a
consensus 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 July 16,2007.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
Subsequently, Council Member/Commissioner Kelly made a motion, seconded
by Council Member/Commissioner McCammack, that the matter be
reconsidered and tabled.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
45. Discuss and take possible action concerning public opinion survey results
and possible November 2007 ballot measure to modernize the City's Utility
Tax ordinance
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be tabled.
Council Member/Commissioner Derry withdrew his motion.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of July 16, 2007.
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07/02/2007
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
46. Workshop - budget deliberations for FY 2007/08 - Economic Development
Agency Boardroom
Resolution of the Mayor and Common Council approving and adopting the
City of San Bernardino's Final Budget for Fiscal Year 2007/2008 and
establishing the City's Appropriation Limit as required by Article XXIII B
of the California State Constitution.
City Manager Wilson advised that today's workshop was a continued discussion
of the City's proposed FY 07/08 budget; and that included in the backup
materials was a Request for Council Action that summarized some of the
discussion points covered during the last meeting, including the issue of funding
$50,000 in the Mayor's budget for the Summer Youth Internship Program. He
stated that it also included a number of other adjustments which were noted in
the Staff Report on page 2; and that the Director of Finance had also provided
an update on the projected Measure Z revenues for FY 07/08, which had
changed dramatically from the initial number that was in the preliminary budget.
Barbara Pachon, Director of Finance, stated that although the numbers were
preliminary-best estimates so to speak-in talking to the State Board of
Equalization it looked like the City's District Tax revenue, Qriginally estimated
to be $1.6 million, was only going to be about $.1,162,900 for this year.
Therefore, based on what the police have spent to date, and what staff projects
for them to spend through FY 06/07 ($1,450,000), it looks like FY'06/07 will
end with a small shortfall in the Measure Z account of $287,100.
She stated that carrying that shortfall over into the projection for FY 07/08, staff
had lowered a little bit the revenue projections for 07/08; however, the
expenditures would remain the same for the Police Department at $4,725,100.
Therefore, there will be an excess in FY 07/08 of $574,900; but when the
shortfall from FY 06/07 is factored in, it looks like only $287,800 is going to be
put into the Measure Z reserves.
Mayor/Chairman Morris indicated that this was a sobering second look at the
Measure Z income stream, and he was not sure this could be addressed during
this workshop-that they probably needed to look at this budget and the EDA
budget together to see what resources might be made available for Operation
Phoenix expansion programs-that this number certainly would not articulate
into a lot of Operation Phoenix expansion all by itself.
22
07/02/2007
Ms. Pachon pointed out that due to the fact that the backup materials must be
prepared in advance, in the backup materials for this agenda item she was
recommending that the Council adopt this budget even though it contained the
original Measure Z projections. She indicated that she had no problem with
passing the budget and then coming back with a budget amendment, because
they didn't have time to go through and update the numbers prior to today's
meeting. She stated that there was already another budget amendment to
process; however, budget amendments were normal things for staff to bring
back to the Council for processing.
Ms. Pachon explained that staff was expecting that the economy would pick up
and turn around. She stated that in FY 06/07 sales tax was going to be down,
but they budgeted increases and they expect it's going to increase right now in
FY 07/08; and that is the same rationale they are using in projecting Measure Z.
She stated that it was all projection at this point, although Measure Z was a little
harder to project because they have no history on it.
Council Member/Commissioner McCammack stated that her concern was that if
Measure Z drop-off was 25 percent, then regular sales tax payments would most
likely be 25 percent lower since they mirror each other; and if that was the case,
she didn't think passing this budget would be very prudent.
Ms. Pachon stated that it was true that even the regular sales tax looked down at
this point-that -the sales tax payment they received this month was $750,000
less than what they received this time last year. She stated that right now they
were about $1 million behind the projection she had for FY 06/07; however,
two more payments would come in, one at the end of July and one at the end of
August, and one of those would be a true-up payment. Also, she had
recalculated the Utility User's Tax (UUT), and at this point in time it was about
$250,000 less than what she had projected, with only one more month (June) of
revenues to come in.
City Manager Wilson stated that his recommendation would be for the Council
to act on the budget as submitted by Ms. Pachon and move ahead as required
with budget modifications as the year goes along and the budget articulates out
in actual sales tax, UUT, and other taxes received. He suggested that the
budget ad hoc committee meet with staff on an ongoing basis during the course
of the year to review these revenue and projection figures, so that a year from
now they are not confronted with a big surprise.
Council Member/Commissioner Estrada stated she thought they might have
opportunities for other things relative to some modifications that they may be
able to make from the Redevelopment Agency's $9.6 million. She stated that
she didn't think they were prepared to address the $9.6 million today, but
relative to the City's budget, she thought there might be some augmentation or
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07/02/2007
relief coming from upcoming projects, after they have looked at that $9.6
million and decided how they are going to work that out.
Council Member/Commissioner Kelley asked Mr. Wilson whether the budget
before them included any additional Landscape Maintenance District (LMD)
inspectors, or a position to oversee the contractors performing this work, or any
more staff to allocate for some of the programs that have been proposed.
City Manager Wilson answered that the new park superintendent would be
doing an assessment of all the City parks and coming back with a report on what
the real needs are. He added that everyone knows there are needs; however,
how do you quantify them and what are the priorities.
Regarding the LMDs, Mr. Wilson stated that the City has a consultant coming
on board to help identify how the City can address the issues of contract
compliance. Also, staff is looking at beefing up the specifications with respect
to the contractors, and will be coming back with a report on that also. He
cautioned the Council that this could result in an increase in the assessments,
because the City has held the line on the LMDs for a number of years, and with
this type of comprehensive review, it's likely that they may end up raising those
assessments for the residents in those areas.
Mr. Wilson acknowledged, however, that the increases to the Parks budget were
mostly in the recreation arena having to do with the Safe Summer Initiative
Program and things along those lines. He stated that they also anticipated
bringing on a number of interns that would work in the parks; so yes, there
would be more resources coming, although it could be just for the summer
rather than anything long term.
Mr. Kelley stated that he could not sit by year after year and see nothing
allocated long-term for the parks. He used Little League baseball as an
example, stating that in his opinion it is the number one crime intervention
prevention program we have in the City, and there are needs out there and he
wanted to make sure that those needs are being addressed-not just for the short
term, but long-term.
Council Member/Commissioner McCammack stated that she agreed that they
needed to act on both the City and EDA budgets as companions. She stated that
Ms. Estrada had brought up some excellent points on how they might be able to
shift some of those dollars; and it concerned her that they could pass a budget
that has items in it that could technically and legally be paid for by EDA,
thereby freeing up some of the general fund monies to make up the shortfall
they are about to experience.
Council Member/Commissioner Estrada stated that for some time now she had
looked at the whole issue of redevelopment, and when you now look at the City
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07/0212007
of San Bernardino on the map, and you look at all the different redevelopment
project areas, she would venture to guess that about 80 percent of the City is in
a redevelopment project area of one sort or another-either the City's or the
Inland Valley Development Agency's.
She noted that most of the projects that the Community Development
Commission has to deal with come through the Economic Development Agency
for assistance of one kind or another, whether it's housing monies, tax
increment, or whatever. She also pointed out that a lot of the projects that get
built in the City don't come through EDA; however, the construction of those
projects contributes to the tax increment increase that the Agency receives.
She stated that bottom line, however, all projects have to go through the
Planning Department, whether it's a project that is assisted by the Agency, or
whether it is a project that is not assisted by the Agency; and that there are a lot
of projects that don't get any assistance from the Agency, but are developed in
redevelopment project areas. Therefore, she thought that maybe it was time for
the Council to consider a change, and as a matter of policy dedicate a certain
percent of the tax increment to Development Services for the purpose of being
able to cover a lot of their expenditures and to be able to assist the department in
finding more planners, more engineers, or whatever it is that is needed in order
to keep those projects going through that department.
Ms. Estrada reminded everyone that they had increased the Redevelopment
budget by $1 million because those funds were needed in order to hire the
personnel that the Agency needs to continue to function. However, as they have
heard, part of that is very dependent on what happens in Development Services,
and if the projects don't flow out of Development Services, they are not going
to crank out tax increment.
She stated that she wanted to bring this up because it goes to the point that she
was trying to make earlier, and that is, if there is a way of doing business, that
as a matter of policy, they consider those costs in Development Services that are
actually part of the EDA cost of doing business, then it would stand to reason
that part of the tax increment money could be used to help alleviate some of the
General Fund burden on the City, and in turn, that money could be used to do
those other things that need to be done.
For clarification, City Manager Wilson noted that the Community Development
Commission had already approved adding three positions to help address the
issues Ms. Estrada was talking about in Development Services; so he asked Ms.
Estrada if she was ta1king about the tax increment being used to assist the
department beyond those three positions.
Ms. Estrada explained that those three positions were being funded because they
felt that obviously they were needed as far as EDA was concerned. However,
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07/0212007
everything that they do in Planning is assisting RDA projects, whether they are
receiving assistance through EDA or not. Therefore, her point was that it can't
just be the planner and the engineer that they are going to be paying for-what
about the clerks, etc. There ought to be a percentage that goes to the
department budget, and then how to spend that percentage is decided by the
department head and the people in the department, as they are the ones that
know all of the expenditures that have to be made within the department.
Mayor/Chairman Morris indicated that there may be some legal limitations or
prohibitions with regard to how those tax increment dollars are used in relieving
the General Fund.
Council Member/Commissioner Derry stated that his only concern would be
that by that measure they could use tax increment for almost any service in the
EDA area. He noted that when the HUB project was being developed, the
developers still paid building fees and other fees to the City for those services,
and now they have taken some money out of EDA to help cover that extra
manpower that is necessary for planning and engineering. In other words,
developers are still paying the building fees, they are still paying the plan check
fees, and they are still paying all of those costs, and now we are talking about
further subsidizing the City out of the EDA budget.
He stated that what they ought to be looking at is the City's fee structure, to see
if it is up to speed, and he thought that staff was going to do that this year. He
stated that he didn't want the fees exorbitantly high-he just wanted them fair
and reasonable to cover the costs; and he thought that before they go into the
EDA budget that it would be prudent to look at the fee structure first. He
pointed out that the developers just want their projects approved, and they want
them to go through as swiftly and as neatly as possible.
Mayor/Chairman Morris agreed that in terms of keeping the responsibility
within the department that allocates the service, that should be the preferred
methodology by which the City operates-with a pay as you go department, so
we don't have to continually bail it out with other resources.
Council Member/Commissioner McCammack expressed concern relative to
raising any fees without a thorough understanding of how it impacts everybody.
She stated that she could not see raising fees in order to bail the City out of
catching up-that was the wrong approach as far as she was concerned.
She stated that Mr. Derry's comments made a lot of sense from the standpoint
that the Planning Department is working to accommodate all of EDA's
economic development projects-getting them through the door, out the door,
digging the dirt, laying the concrete, and paying the property tax that creates the
tax increment.
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Ms. McCammack stated that she thought it would take 20 percent to make the
City whole for all the services that it does in order that EDA can get it's
projects out the door and get the tax increment on the books. However, she was
afraid to go back down this road without complete knowledge of what effect it
would have on those individuals who aren't in redevelopment areas and that are
just small little companies trying to survive.
Mayor/Chairman Morris stated that it WllJl very sobering to look at the economy
and the coming fiscal year, but the appropriateness of using EDA tax increment
money for a bail was the question. He pointed out that neither the EDA
executive director nor EDA counsel were in attendance, because this wasn't
really on the agenda for today; however, they were scheduling a workshop to
talk about the tax increment resources and how they might be carefully saved or
expended as this Council shall determine.
City Attorney Penman advised that he had some concerns about the budget
document in terms of legalities. He stated that Article 23B of the State
Constitution provides that they have to establish the City's appropriation limit,
but they are prohibited from establishing that limit in a manner that allows
deficit spending. He stated that the information they have been hearing over the
last several weeks has given them concern, including the fact that both Measure
Z money and sales tax money is not going to be what staff had hoped it would
be. He added that when his office received the check from the State Board of
Equalization for three hundred and some thousand dollars, he was informed by
the City Manager that it should have been for double that amount. He stated
that they had not signed this document because they were not certain that if the
Council adopted this budget whether they would be violating state law by
enacting a document that provides for deficit spending.
Therefore, he believed it would be prudent, at this point in time, for the
proposed budget document to be changed to have a more accurate reflection of
what the income is likely to be; and that some of the budget amendments that
Finance is already planning should be incorporated into the document before the
Council votes on it. Otherwise, as the Council's attorney, he would have to tell
them that they may be violating the state law. He pointed out that the
continuing resolution that they passed at the last meeting was good through July,
giving the Council one more meeting before it would expire. He added that in
days gone by they have gone into August and even September with continuing
resolutions, and although he does not advocate that, he thought it was preferable
to adopting a budget document that does not comply with state law.
City Manager Wilson stated that he understood what the City Attorney was
talking about, however, the reality was that the budget is a fluid process; and at
some point in time they just have to adopt the budget and move forward. He
added that he didn't think there would be any new information within two
weeks, and the Council must adopt the budget at some point in the near future.
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07/02/2007
Ms. Pachon commented that from her standpoint, this was a normal operation
for budgeting in the Finance Department-that their numbers are always
projections. She stated that it was a little bit harder this year because we are in
a more downturn economy, while the last couple of years we have been in a
more upturn economy; however, they are just as much projections today as they
have been every other year that the Council has passed the budget.
Council Member/Commissioner Brinker stated that two months ago, during the
first Council meeting in May, as they discussed the audit that they had just gone
through, he had suggested that they should make Development Services their
first and primary focus; and he said that because it really is a revenue generating
department. He stated that he was a little dismayed because he felt they had
spent the last couple of months twiddling their thumbs, when they really could
have jumped on this and possibly made some significant changes.
He reminded the Council members that earlier in this meeting they had
approved about half a million dollars in contractual services to augment the
Development Services Department because it doesn't have the staffing that it
needs-so instead of dealing with the real problem, which is hiring and getting
people on-board and streamlining the system and getting these projects through,
they just pushed it off and spent a half a million dollars to hire some other
people to do the work that we couldn't get done; and now they were quibbling
about how they were going to make the money for next year's budget. He
suggested that whatever decision was made on the budget tonight, that at the
next Council meeting they come back with some substantive suggestions about
how they are going to deal with the problems in Development Services to
improve the efficiency of that process-that the audit was very clear on what
needed to be done.
Council Member/Commissioner McCarnmack stated that she understood that the
budget was a fluid process; however, they had been hit this year with a couple
of .smack you in the face, wake you up. revelations that they typically haven't
had prior to adopting a budget in years past-one being that sales tax may be
down as much as 25 percent, which could equate to a $1.5 million swing from
where they were right now, just for the first quarter.
She stated that the other big number that scared her was the number of staffing
needs-not only in Development Services, but in Parks and Recreation and other
departments as well. Yet the most glaring number she saw was the total
estimated expenditure savings of $3 million. She questioned whether this meant
salary savings-did it mean they wouldn't be f1\ling positions that were
desperately needed-did it mean that departments would be spending $3 million
less than they were told they could spend. She stated that she thought they
needed to take the time to know exactly where the dedicated monies need to be,
exactly where the priorities are, and make the adjustment. She stated that she
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07/02/2007
thought the suggestion about using EDA money was excellent-that it made a lot
of sense, and if they needed to do that to balance the budget and not leave this
$3 million salary savings number in there, then that is what they should do.
Council Member/Commissioner Baxter advised that sales tax is down
statewide-that the reality is, people are just not buying-that we are going
through one of those cycles and we are going to be impacted. He stated that he
thought they needed to analyze the EDA situation before they passed any kind of
a budget that was going to go into a deficit; particularly in light of the shocking
numbers they had received tonight.
He stated that he has always been a fiscal conservative and has always believed
in having a good solid revenue reserve, and he didn't see the reserve here that
he felt they needed. He indicated that they would probably have to go into the
tax increment, and congratulated Ms. Estrada on the idea, stating that he
thought it was an excellent concept that at least three of them agreed on. He
noted that there were other programs that they needed to make sure they didn't
lose aside from the bodies that Ms. McCarnmack had alluded to, and that was
the Summer Youth Program. He stated that he would like to see the budget
come back with the EDA planners in the budget itself, because he thought it was
a more prudent way for them to approve the budget.
Following a short break, Mayor/Chairman Morris advised that during the break
he was looking at the backup exhibits to the Request for Council Action with
regard to the issue that Mr. Penman raised-that is Gann Article 13B,
Limitation, in terms of where they were with regard to the total appropriations
that are authorized; and it appeared that our appropriations limit under the Gann
Initiative is $244 million plus. He pointed out that they were substantially
below the Gann limitation in terms of the proposed budget.
Mayor/Chairman Morris stated that to summarize, he thought the concerns of
the Council were 1) how were they going to move ahead with a budget that
reflects what they believe to be our City's needs, as against our City's income
stream, 2) and the possibility that there may be some creative ways to use some
EDA resources. He stated that perhaps the best way to consider this possibility
would be to meet again in two weeks, and invite both the EDA executive
director and EDA counsel-and that perhaps the budget ad hoc budget
committee could meet with them in advance of the meeting to discuss this
possibility with them, look at the opportunities that may exist, and then come
back with some recommendations to see if the gap between the Council's
expectations and what appears to be some revenue shortfalls can be closed.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Baxter, that the ad hoc budget committee meet
with the EDA executive director and EDA counsel to discuss the budgetary
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07/02/2007
ideas presented at this meeting; and come back to the Council/Commission
meeting of July 16,2007, with some recommendations.
Council Member/Commissioner Estrada stated that she hoped they didn't look at
this particular issue as a way of bailing out the City, because the number one
reason that redevelopment law had changed so drastically over the course of the
last decade was due to the perception that tax increment was being used to bail
out cities. She stated she wanted to make it clear that she was not suggesting
that they take tax increment and pay for three swimming instructors in the Parks
and Recreation Department-that's what you call the abuse that the legislature
had nailed down. What she was suggesting was taking tax increment money to
pay for services being provided for its projects, directly and indirectly, through
Development Services, which is very different from taking tax increment and
paying for three swimming instructors in Parks and Recreation.
City Attorney Pemnan stated that he didn't want anyone to misunderstand what
he was saying when he quoted 23B about the appropriations limit-he was not
suggesting that they were going over the appropriations limit. He stated that he
was talking about adopting a budget that in effect guarantees or authorizes
deficit spending; and that was his concern-the deficit spending. He stated that
this was his 20th or 21" budget, and he had never felt the need to speak up this
way before because he had never seen this problem before, and he just wanted
to make that clear.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
47. Discuss and take possible action - Fire Department Inspection Fees for non-
profit senior apartment complexes
Fire Chief Conrad advised that there are nine senior complexes throughout the
city that are considered non-profit and have 80 percent or more senior citizen
occupancy. The annual inspection fee for these nine complexes brings
approximately $23,540 in revenue to the City yearly.
He stated that if the Council decides to waive those fees, one way to tnitigate the
impact and offset the loss in revenue would be to increase the administrative
citation fme, which is currently $100 and is essentially levied if you do not
comply with necessary corrections. He stated that this fine applies to any
apartment complex and is currently $100; and he would suggest raising it to
$200.
Chief Conrad explained that one of the major reasons for implementing this
inspection program was to bring problem apartment complexes into compliance
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07/02/2007
with the code, making a safer environment for our citizens; however, the senior
non-profit housing complexes are not one of our problems-they are very
compliant, and if a problem is occasionally found, they are quick to fix it. So in
terms of the initial intent of this particular fee, the senior complexes were not
one of our problem areas that needed correcting.
He stated that the City does have a problem with a lot of our apartment
complexes kind of "thumbing their noses~ at our $100 citation, and when the
inspectors go in annually to inspect they find a lot of problems. Then, when
they go back, the problems still have not been corrected because the only
penalty is a $100 fine. He stated that the owners drag their feet fixing
problems, and the inspectors go back to the same apartment complexes every
year, and many of them have the same list of problems that they will fix
temporarily and then in a year we've got those issues again.
He pointed out that as part of this proposal, the inspection fee for the senior
housing would be waived; however, if the inspectors find problems where they
have not complied and they fail to comply, then a citation would be levied.
Council Member/Commissioner McCammack stated that when she first brought
this up she had explained to the Chief that the original purpose of this program
was to make it very difficult for slum landlords to do business in this city. That
was the intent of this program, and if they were not going to provide clean,
healthy, and safe apartment complexes for their tenants, then it was going to be
very expensive.
She noted that the Chief s staff report indicated that citations are actually up
more than $3,000 from the previous year without the fee being waived, which
indicates that if they know the inspection is corning from the Fire Department
and they are not fixing the problems-then that, in and of itself, is a problem.
She stated that the idea of increasing the amount of the citations and waiving the
actual inspection fees for the senior non-profits looks like a positive move. She
asked her colleagues to consider the motion to ask the Fire Chief to implement
both of the recommendations that he had outlined in the staff report.
Council Member/Commissioner McCammack made a motion that the Fire Chief
be directed to implement the recommendations as outlined in the Staff Report
dated June 27, 2007, from Michael Comad, Fire Chief.
The motion died for lack of a second.
City Attorney Penman advised that his office was making a request to the
Attorney General whether the City can, in fact, charge more than a $100
administrative fee-that there is a question whether this is legal or not-and he
didn't think the Council would be able to take action on the matter until a
response comes back from the Attorney General.
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07/02/2007
Mayor/Chairman Morris asked if there was some statutory prohibition on this.
Mr. Penman answered that there is a section of state law that raises this
question, which is the same issue that his office had on the fire fee, and his
office made an inquiry to the Attorney General as to whether the City can
charge $1,000 fines for violation of our fireworks ordinance. He stated that this
was a companion question, in the same section.
Mayor/Chairman Morris asked Mr. Penman when he estimated that his office
would get a response back from the Attorney General on this; and Mr. Penman
stated that it could be several months.
Council Member/Commissioner Derry indicated that he actually liked the idea
of the fine escalating for apartment complexes where the same problems are
found two, three, or four years in a row. He asked whether the City could
escalate year after year to a certain point-such as $100 the first year, second
year $200, third year $300, fourth year $400, and fifth year $500-if the City
receives the hoped for response from the Attorney General. He stated that if
that was a possibility, he would like to include that in the changes.
Mayor/Chairman Morris indicated that this could probably be done, assuming
there is no statutory prohibition to this kind of escalation of fees.
Mr. Derry stated that if there is, perhaps the City should pursue legislation to
remove that restriction through Sacramento-that we have legislators that he was
sure would be willing to help out. He noted that the people that live in the
apartment complexes generally are low-income folks with the most need and the
ones least able to defend themselves, so perhaps we might be able to get
Sacramento to amend the existing code.
Mayor/Chairman Morris inquired whether the Council wanted to defer this to a
date when they would have the assurance that they could increase the citation
fme as recommended by Chief Conrad, because of the fiscal impact of this
proposal.
Council Member/Commissioner McCammack stated that it is going on three
years that this program has been in force, and each year the cost to the seniors
goes up-not just for the rent, but for everything. She asked that Jolena Grider
of the City Attorney's office explain the fees associated with the inspection
program.
Jolena Grider, Deputy City Attorney, explained that if the Fire Department cites
someone administratively for several different counts, it's $100 per count. In
addition, under the Government Code a citation for the first violation is $100, if
there is another violation within the same 12-month period, it goes up to $200,
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07/02/2007
and if there is a third violation or more within that 12-month period it goes up to
$500. She advised that the same scale is used by Code Compliance that the Fire
Department is using for the multi-family inspection program.
Council Member/Commissioner Derry pointed out that the Council could
request that staff come back with the waiver of the fees, and then later on do
whatever the Attorney General allows us to do.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Mayor and Common Council
adopt the first portion of the Fire Chiefs recommendation to waive the
inspection fee for senior citizen non-profit complexes; and that the second phase
relative to increasing the administrative citation fine come back to the Council
after the City Attorney receives an opinion from the Attorney General relative to
increasing said fme.
Council Member/Commissioner Estrada stated that she would abstain on this
, item to avoid the appearance of a conflict even though her employer is Casa
Ramona and not the Ramona Senior Complex.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Abstentions: Council Member/Commissioner Estrada. Absent: None.
48. Public Comments
Manfred Gildner, 4665 David Way, San Bernardino, CA, thanked Councilman
Derry for repaving David Way and stated that he would like curb installed on
the west side of David Way and "No Parking" signs placed on properties that
extend into David Way about 10 feet, because it makes it very hard to park;
thanked the Mayor for sending him a letter regarding the San Bernardino Twin
Creeks Flood Control Channel; distributed an article by newspaper columnist
John Weeks regarding the Stater Bros building at 40th and Waterman; and
commented on an article in The Sun, Council to Hear Teenagers Request,
wherein the teens were asking for funds from Measure Z monies, however, he
thought there were several other programs they could participate in.
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07/02/2007
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, congratulated
Councilman Derry for running against Dennis Hansberger; spoke in support of
rebuilding our industrial base in San Bernardino County; and called attention to
the incredible amount of foreclosures in the area, stating that we need to get
people back on a more stable footing.
49. Acljournment
At 7:20 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, July 16, 2007, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
By:
RACHEL G. CLARK
J). . City Clerk
~t~
Linda E. Hartzel
Deputy City Clerk
No. of Items: 49
No. of Hours: 6
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