HomeMy WebLinkAbout06-04-2007 MinutesMayor Patrick J. Moms
CITY OF SAN BERNARDINO Council Members:
Esther Estrada
300 N. "D " Street Dennis J. Baxter
San Bernardino, CA 92418 Tobin Brinker
Website: www.sbcity.org Neil Derry
eroar rno Chas
Kelley
San B
Rikke Van Johnson
, Wendy McCmnmack
MINT iTF.R
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 4, 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 1:43 p.m., Monday, June 4, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley Arrived
At 1:53 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Michael Negrete v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 142361;
Kenneth O'Howell v. City of San Bernardino et al - United States
District Court Case No. CV 06-01678 PSG (OPx).
06/04/2007
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:
National Alliance for Human Rights v. City of San Bernardino
ACLU v. City of San Bernardino
Garrett Zimmon - Disability Retirement
Agenda Item No. 35
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. County of San Bernardino; California
Portland Cement Company; Robertson's Ready Mix; Holliday Rock, Co.
Inc.
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:
40' Street Redevelopment Project Area
1. Property Address: 255 East 49' Street
APN: 0154-126-02
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Frank Marques, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
2 06/04/2007
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Under Agenda Item No. 1B, significant exposure to litigation:
Agenda Item No. 36;
Ratification of Mayor's waiver of extraordinary fees for event held by
California State Employees Association on June 2, 2007;
Gymnasium at Ruben Campos Center.
Under Agenda Item No. 1D, Personnel:
One item.
Closed Session Announcement
City Clerk Clark announced that during closed session a motion was made by Council
Member/Commissioner Baxter, seconded by Council Member/Commissioner
McCammack, and unanimously carried, to waive extraordinary law enforcement fees
for the event held June 2, 2007, by the California State Employees Association.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Jose Vindel of St. Paul's United Methodist
Church, followed by the pledge of allegiance, led by Council Member Chas Kelley.
Moment of Silence
Mayor Morris extended condolences to the families and requested a moment of silence
in memory of Adrian Ramirez, a former City Water Department employee who retired
after serving the City for 39 years and never taking a day of sick leave; Phyllis Hyer,
who was active in the San Bernardino Assistance League, the Concert Association, and
the Symphony Association; and Virginia Sitzman, who owned and operated Pictureland
Custom Framing for the past 27 years and died after a courageous battle with cancer.
2. Appointment - James M. Smith - Historical Preservation Commission -
Council Member Baxter
3 06/04/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the appointment of James M. Smith to the
Historical Preservation Commission, as requested by Council Member/
Commissioner Baxter, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
Mayor/Chairman Morris presented Ambassador of Goodwill certificates to the
following students who will be representing San Bernardino in our Sister City of
Tachikawa, Japan:
Dawn -Noel Becar, Cajon High School
Diana Cao, San Gorgonio High School
Kenny Dulock, Cajon High School
Danielle and Michelle Fletcher, Cajon High School
Council Member/Commissioner Estrada presented Certificates of
Commendation to the following individuals who have helped with the Casa de
San Bernardino Youth Program: Family of Juana Alvarado, Jason Collier,
Gabriel Garcia, Henry Herrera, Jack Kennedy, Sarah Miggins, Gaby Nunez,
Charlie Seymour, and Randy Stiplin. Not present, but also named, were Sandy
Bonilla, Hugo Castellanos, Kisha Cox, Alicia Murillo, and Richard
Thornburgh.
Council Member/Commissioner Baxter presented a Citizen of the Month award
to Deborah Matley in recognition of the extra time and effort she has
contributed to the community through her leadership and involvement in the
DMV Neighborhood Association and the Neighborhood Association Executive
Committee.
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.
In addition, Police Chief Billdt announced that his department had filled all of
its vacancies (14 positions set forth in the combined hiring plan, 4 Office of
Traffic Safety officers, 2 additional officers), which means that they are actually
over -filled by two.
4 06/04/2007
5.
W
bl
A
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
Commissioner
McCammack.
carried by
s Estrada,
Nays: None.
Council Minutes
the following vote:
Baxter, Brinker,
Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: April 2,
2007 and April 30, 2007.
The motion
Commissioner
McCammack.
carried by
s Estrada,
Nays: None.
Claims & Payroll
the following vote:
Baxter, Brinker,
Absent: None.
Ayes: Council Members/
Derry, 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 May 25,
2007, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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 May 30, 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.
5 06/04/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. ORD. MC-1247 - Ordinance of the City of San Bernardino amending
Section 9.69 of the San Bernardino Municipal Code. FINAL READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted.
Ordinance MC-1247 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. 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 3" Street, between Waterman Avenue and a point 205 feet
east of the centerline of Shirley Avenue, in the City of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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.
11. RES. 2007-171 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Supplemental Agreement to the Overhead
Agreement with Burlington Northern Santa Fe (BNSF) Railway Company
and County of San Bernardino and the San Bernardino Associated
Governments (SANBAG) for the University Parkway Grade Separation
Project (CIP SSO4-52).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-171 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6 06/04/2007
12. RES. 2007-172 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the Final Map for Tract Map No. 18083,
located on the southeast corner of Waterman Avenue and Industrial Road
in the IL, Industrial Light land use district, and accepting the public
dedications as set forth on said map.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-172 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2007-173 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to New West Signal for traffic signal
at Mill Street and Doolittle Drive (TC06-01), per Project Plan No. 11330,
and authorization for the Director of Finance to amend the FY 2006/07
budget.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2006/07 budget by transferring $25,000 from Account No. 250-
370-5504-7430 (TC04-21) "Highland Avenue and "E" Street Signal Upgrade"
and $27,000 from Account No. 250-370-5504-7431 (TC04-16) "5' Street and
"F" Street Signal Upgrade" and $23,900 from Account No. 250-370-5504-7435
(TC04-20) "18`" Street and "E" Street Traffic Signal" to Account No. 250-370-
5504-7656 (TC06-01) "Mill Street and Doolittle Drive Traffic Signal; and that
said resolution be adopted.
The motion carried and Resolution No. 2007-173 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2007-182 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Hardy & Harper, Inc. for cul-de-
sac street improvements on 0 Street at Mt. Vernon Avenue (SS06-01), per
Project Plan No. 11882, and authorization for the Director of Finance to
amend the FY 2006/07 budget.
Council Member/Commissioner Brinker questioned whether this was an
appropriate use of School of the Month funds, since the Council was being
asked to transfer $15,000 from the School of the Month account to this project.
7 06/04/2007
City Manager Wilson stated that this would be a discretionary action by the
Council.
Discussion ensued regarding projects normally covered by School of the Month
funds —that they are normally small projects such as curb and sidewalk repairs,
lights that are out, damage to stop signs, etc. —that other larger projects would
be covered under the CIP.
Council Member/Commissioner Johnson requested a report covering the last
four years of School of the Month expenditures and the names of the schools
where the funds were utilized.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2006/07 budget by transferring $50,000 from Account No. 126-
369-5504-7322 (SSO4-36) "E" Street Bus Stop Relocation" and $15,000 from
Account No. 126-369-5504-7359 (SS-G) "School of the Month" to Account No.
126-369-5504-7581 (SS06-01) "4" Street cul-de-sac at Mt. Vernon Avenue; and
that said resolution be adopted.
The motion carried and Resolution No. 2007-182 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. Resolutions authorizing and directing the execution of Funding and
Mitigation Agreements — Verdemont Fire Station (Industrial Parkway,
LLC; SP University, LLC; and Delgado Developers, Inc.)
RES. 2007-174 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Funding and Mitigation Agreement with SP
University DC, LLC for that certain real property generally located on the
northeasterly side of Industrial Parkway, southeasterly of Palm Avenue,
relative to the Verdemont Fire Station Impact Mitigation Fees. (15A)
RES. 2007-175 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Funding and Mitigation Agreement with
Industrial Parkway, LLC for that certain real property generally located on
the southwesterly side of Industrial Parkway, southeasterly of Palm
Avenue, relative to the Verdemont Fire Station Impact Mitigation Fees.
(15B)
8 06/04/2007
RES. 2007-176 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Funding and Mitigation Agreement with
Delgado Developers, Inc., for that certain real property generally located on
the easterly side of Olive Avenue, southerly of Belmont Avenue (Tentative
Tract No. 17396), relative to the Verdemont Fire Station Impact Mitigation
Fees. (15C)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A-C, be adopted.
Resolution Nos. 2007-174, 2007-175 and 2007-176 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
16. Item Deleted
17. RES. 2007-177 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a contract with and issuance
of a purchase order, with four one-year renewal options, to NAES, dba
Amtech Elevator Services for elevator and escalator maintenance service at
City buildings in the City of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-177 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. Authorize the City Manager to execute Change Order No. One to the
contract with JM Builders, Inc. for changes in the scope of work on Perris
Hill Senior Center expansion
Council Member/Commissioner Baxter asked whether this project was on
schedule, and City Manager Wilson stated that he would have to verify that
information and get back with Mr. Baxter.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the City Manager be authorized to execute
Change Order No. One to the contract with JM Builders, Inc., for changes in
the scope of work at Perris Hill Senior Center Expansion in the amount of
$12,821.
9 06/04/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2007-183 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement for Services
with and issuance of a purchase order to LeMay Construction Co. for the
Boys & Girls Club racquetball court renovations in the City of San
Bernardino per RFQ F-07-28.
Council Member/Commissioner Johnson stated that as a member of the Board
of Directors of the Boys and Girls Club he would abstain on this item.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-183 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Johnson. Absent: None.
20. RES. 2007-178 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a contract
between the South Coast Air Quality Management District and the City of
San Bernardino for the receipt of grant funds in the amount of $164,481 for
the construction of the LNG/LCNG Fueling Station at the City Corporate
Yard.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-178 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2007-179 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting a Standard Agreement to be used for gaining
the permission of parcel owners to enter their property for the purposes of
conducting prescribed and/or structural training burns.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
10 06/04/2007
Resolution No. 2007-179 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. Status report relative to Request for Proposals for Health Insurance
City Attorney Penman advised that the Council had requested a report on health,
property, and liability insurance, so they could discuss these matters. He stated
that the staff report did talk about health insurance, and did mention property;
however, there was no mention of liability. He pointed out that the staff report
recommended that the bid process for property insurance be initiated during
fiscal year 2007/2008, with implementation in July 2008.
City Manager Wilson advised that what the staff report attempted to say was
that staff would issue an RFP for health insurance, which would go out today.
They were not recommending that they do this for property and liability because
of the timeframe issues —that the City's renewals occur on July 1, and staff is
suggesting that an RFP be issued following this fiscal year for property and
liability insurance.
Council Member/Commissioner McCammack stated that she was concerned
because the backup materials stated that staff would actually be mailing packets
to only four different brokers. She stated that she could not imagine that there
were only four brokers nationally that handle public sector health insurance
services, so she was concerned as to why staff was mailing packets to only four
potential bidders.
City Manager Wilson stated that he believed these were the four major brokers
for public agencies that were given to our Human Resources Department, but
they are not the only four that will get the RFP—staff will mail it out to
everyone that they can. He stated that these were the four that were identified,
but that is not to say that the list could not be expanded to include others.
Council Member/Commissioner McCammack stated that she believed it was
prudent that the Council insist that the RFP go out to as many bidders as
possible.
Mayor/Chairman Morris verified that Ms. McCammack wanted the motion to
include language stating that the packets would be distributed as broadly as
possible.
Ms. McCammack noted that there had also been discussion about property and
liability insurance, and if the City's broker was aware that the City was going
out for bid for property and liability, then maybe they would become more
competitive on health insurance, since it is the same broker. She stated that she
11 06/04/2007
would also like the motion to state that staff intends to go out for bid for
property and liability insurance also.
Following additional discussion, it was agreed that the RFP for property and
liability insurance would go out no later than September 1, 2007.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that the report be received and filed; that
the RFP for health insurance go out to as many bidders as possible; and that the
RFP for property and liability be issued no later than September 1, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. RES. 2007-180 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a contract with
the County of San Bernardino Department of Aging and Adult Services
(DAAS) to receive funding in the amount of $259,129 to provide senior
nutrition services for the period of July 1, 2007 through June 30, 2008.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-180 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. Resolutions authorizing the City Manager to execute two lease agreements
between the City of San Bernardino and Omnipoint Communications Inc.
for two cell towers at Colony and Wildwood Parks.
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 three hundred and ten (310) square feet of land at Colony
Park, 153 E. Harwick Drive. (24A)
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. 40' Street. (24B)
12 06/04/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to June 18, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. RES. 2007-181 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and purchase
order to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010 B-
3 of the Municipal Code for the purchase of one (1) Vactor 2110 RCS Jet
Rodder truck to be utilized by the Public Services Department Street
Division Sewer Crew.
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 by
transferring $401,000 from the unappropriated Sewer Line Maintenance Fund
balance and transfer into Account No. 132-431-5701 Motor Vehicles.
The motion carried and Resolution No. 2007-181 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
26. Reclassify Code Compliance Officer I to Code Compliance Officer II
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
reclassify two (2) Code Compliance Officer I positions, Range 1384, $3,013-
$3,663/month to Code Compliance Officer II, Range 1412, $3,465-
$4,212/month; and that the Human Resources Department be directed to update
Resolution No. 97-244.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. Reclassify Administrative Analyst I to Administrative Analyst II - Council
Office
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
reclassify one (1) Administrative Analyst I position, Range 4442, $4,024-
$4,893/month to Administrative Analyst II, Range 4461, $4,424-$5,378/month;
13 06/04/2007
and that the Director of Human Resources be authorized to update Resolution
Nos. 97-244 and 6413.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. Deliberations regarding an increase to the Verdemont Infrastructure Fee
City Manager Wilson advised that the current fee has been in place over 17
years and was put in place initially to fund infrastructure needs in the
Verdemont area. He noted that the study that was done identified a series of
capital improvements that are needed to facilitate development in the area, and
that study recommends a new fee structure depending on where the home or
business is located, ranging from $3,800 per unit to $16,000 per unit. He stated
that because of the complexity of the fee and a related issue involving a loan
made by the Agency and how that interrelates, he was suggesting that the matter
be referred back to the Ways and Means Committee for further deliberation.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that staff be directed to prepare the appropriate
ordinance to implement the increase to the Verdemont Infrastructure Fee; and
that the matter be referred to the Ways and Means Committee for further
deliberation.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Derry.
29. RES. 2007-184 - Resolution of the City of San Bernardino authorizing and
directing execution of a License and Agreement with JKS-Marshall Plaza
LLC, a Delaware Limited Liability Company for encroachment of an
overhanging fagade and appurtenances in the right-of-way of a public alley
located south of Second Street and west of "G" Street. (Continued from
May 21, 2007)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-184 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Derry.
14 06/04/2007
30. 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. FIRST READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Derry.
31. Council review - proposed additional focus areas for possible expansion of
the Operation Phoenix Neighborhood Initiative
Jim Morris, Mayor's Chief of Staff, provided a detailed review of the staff
report. He advised that in March 2007 officials from the City, County, and
California State University San Bernardino had provided a status report to the
Mayor and Council regarding the initial months of the Operation Phoenix crime -
fighting strategy launched by the Mayor in June 2006.
He stated that at the conclusion of the status report it was noted that the
selection of the initial focus area had been driven by data collected from the
Police Department, Code Compliance, County Social Services, and the school
district; and it was recommended that any expansion of the program should
follow a similar data driven process, thereby allowing the City to continue its
collaboration with the schools and the County because the data would support
their involvement in the additional focus areas.
Mr. Morris added that they also noted that Operation Phoenix was not intended
to be a "one size fits all" strategy, and that any additional focus areas or
expanded focus areas should have tailored strategies to deal with the underlying
problems that are contributing to the crime in that particular area. Therefore,
for the past several months the Mayor's office has been working with City staff
and County staff to review the crime data across the city and determine the areas
which have the highest Part I crimes. They geographically mapped the Part I
crime data based on precinct reporting data and individual crime locations.
They also cross-referenced that information with County Social Service data;
and had asked Code Compliance and Parks and Recreation to survey these areas
to see if they concurred (which they did) that these were areas that need focused
attention from those departments.
Mr. Morris advised that as a result of that data, they identified five potential
focus areas for the Operation Phoenix Neighborhood Initiative. He pointed out
that they did not identify specific boundaries because they wanted to bring to the
15 06/04/2007
Council a general opportunity to look at where the data was telling City and
County staff that they need to be. He stated that if the Council agreed that they
need to focus on these areas, they would then work with their partners to
develop a series of strategies for these focus areas.
He noted that the Council members had been given a map of the city that
identifies and pinpoints, with one -mile radiuses, the general area where the
concentration of the crime problem has been determined to be. That will then
drive the strategizing that will take place by staff to develop the crime solving
strategies that will be brought back to the Council for their review and approval.
Police Chief Billdt identified the five additional focus areas with a high number
of Part I crimes (murder, rape, robbery, aggravated assault, burglary, grand
theft auto, theft) as follows:
• Area 1 - Meridian Avenue and Mill Street - large number of Part I
crimes - mainly property crimes committed primarily by high school
students
• Area 2 - 16' Street and California Street (California Gardens and Little
Zion Manor) - fewer Part I crimes than Area 1; however, just on fringes
of area there were four murders - one of two areas with highest
concentration of murder - high gang activity
• Area 3 - Sepulveda north of 40' Street - 82 Part I crimes in the
immediate area, but beyond the focus area, many individuals with
lifestyles that contribute to nearby residents being prone to crime - area
heavily invested in apartment houses
• Area 4 - Del Rosa, Date, and Pumalo Streets - a total of 430 Part I
crimes in the area - no murders, but high incidence of property crimes,
robberies, and aggravated assaults - several County pockets in the area
• Area 5 - Waterman and Base Line - a westward expansion of the current
Operation Phoenix area - on the outside fringes of the current Phoenix
area there have been four murders.
Council Member/Commissioner McCammack wanted residents to know that
there is no place safe in San Bernardino for the kind of activity that is taking
place in these focus areas; and even if they don't live within the focus circle,
they are under the watchful eye of a large police presence.
Council Member/Commissioner Estrada said that it was harder to understand
the concept of focus areas with a one -mile radius versus a 20-block Operation
Phoenix area, relative to determining current crime statistics. She noted that
with these new focus areas they are talking in more general terms as opposed to
more specific terms in the first Operation Phoenix, which makes it more
difficult to understand whether they are being strategic, because in some of
these areas there are actually some good neighborhoods and good blocks.
16 06/04/2007
Jim Morris explained that when they bring a set of strategies back to the
Council, those strategies will be focusing on those problematic areas within the
one -mile radius of the focus areas.
Council Member/Commissioner McCammack thanked the Mayor for expanding
the Operation Phoenix program, stating that the realization that Operation
Phoenix is not "one size fits all" and that it will be customized with the areas we
are dealing with, will go a long way in telling the folks in those areas that we
will not tolerate crime.
Council Member/Commissioner Johnson asked whether other areas of the City
would experience reduced levels of police service as the City strategically
targets these new focus areas.
Chief Billdt pointed out that they have Problem Oriented Policing teams, as well
as area detectives and supervisors in each of the district commands that will
focus on the target areas. In addition, they will also use other centralized
resources to focus on these areas. However, beyond that, they still have their
Beat Plan and Crime Impact Teams, and one of the reasons it was nice to report
that the department is two police officer positions overfilled is that the plan is
coming together —the three-year plan to get their resources —and they have been
using the Crime Impact Teams on overtime to fill in until they got these
resources onboard.
He stated that there can be a spillover of crime, but he did not think that crime
would go up dramatically in other areas. He stated that he believed the Beat
Plan and the Crime Impact Teams will focus on those areas based on the crime
analysis information that they receive on an ongoing basis.
Council Member/Commissioner Brinker noted that the five focus areas represent
about one thousand Part I crimes in our City over the last 11 months. He noted
that last year we had about 11,000 Part I crimes, so this is almost 10 percent of
the city's crime in these five areas, which he believed was a pretty significant
amount.
He stated that when the team looks at the various data, that they will look at two
areas. First, he hoped they would go to the school districts, both Rialto and San
Bernardino, and ask them for a pinpoint map of where their habitually truant
students live. The second data he would like the team to look at is graffiti, and
talk to Los Padrinos and develop some sort of pinpoint map of where our
graffiti calls are coming from. He stated that he believes there is a connection
between quality of life crimes and Part I crimes, and although your average
citizen hasn't been affected by the Part I crimes, they are affected by the graffiti
and some of these other things; and often their sense of crime in the city is
based on their perception of seeing things such as graffiti in their community.
17 06/04/2007
Council Member/Commissioner Baxter asked if it was safe to say that a lot of
these Part I crime areas go part and parcel with the graffiti and the truancy?
Chief Billdt stated that each of these areas have specific underlying issues that
cause crime to occur there. For example, in Focus Area 1, which is Council
Member Brinker's ward, much of the crime there is committed by truant
students, so it makes sense to have a strategy there that involves truants. In
Focus Area 2, there is an underlying gang culture and the violence that is the
outcome of that, so it makes good sense to focus there based on the underlying
crime issues. He advised that in every one of these areas they are going to
come back, with the Council's approval, and develop strategies specific to those
geographic areas. He stated that it will be general strategies because it would
not be prudent to release publicly specific law enforcement strategies because
we want to go out and arrest some of these people that are doing bad things in
these neighborhoods.
Council Member/Commissioner Kelley stated that he wanted his residents to
understand that just because there wasn't a focus area in the Fifth Ward, didn't
necessarily mean that some of the crime problems that they have experienced
haven't come from one of the focus areas —so the root of the problem is going
to be addressed. He thanked staff for the fine presentation, noting that these
lines are not ward specific —they are citywide and the issues would be addressed
citywide.
Council Member/Commissioner Derry stated that with the demonstrated success
of Operation Phoenix, he thought this was a good second step. He stated that he
also thought it was important to include the original Operation Phoenix area in
the 5' Focus Area because it still needs the support and resources, as well as the
visibility of police and City and County staff to be successful ongoing.
He stated that the people from the Wildwood Neighborhood Association have
made staff very aware of the issues going on in that area, which is right next to
Sierra Way and 40' Street; and as far as the north end of the city is concerned,
it is probably the source of most of the crime in the north areas of both the
Fourth and Fifth Wards. He stated that he felt the proposed plan would provide
an excellent opportunity for us to truly drive crime down in the city.
Tierney Harris, 2025 Sunrise Lane, San Bernardino, CA, stated that she was in
total and complete support of the expansion of Operation Phoenix throughout the
city, and that she looks forward to working to make her area safer and to
offering any assistance she can to make things better for all in her
neighborhood.
18 06/04/2007
Council Member/Commissioner McCammack asked whether the Mayor and
Police Chief would be willing to accept input from the Council members
regarding the use of nonprofits in the area that could help keep the kids where
they need to be after school, for instance. She stated that some of the areas
have some little known nonprofits that the Council members might know about
that might be of some positive value —that maybe some could be funded with
some extra CDBG monies. She stated that she thought this was a good
opportunity to start involving the whole community and getting everybody to
come out and raise their hand and say, "I'd like to help." She stated that she
would be willing to offer any help or compensation or whatever to make each
focus area work with whatever resources each one has.
Jim Morris stated that should this motion be approved, they are going to be
coming back to the Council with a set of recommendations, and the key to
implementing these recommendations would be input regarding the assets they
can leverage in those focus areas; therefore, any and all input is very much
appreciated as they do that process. Also, in addition to the strategies, they will
be bringing to the Council a budget, as implementation of the strategies will
require some resources.
He stated that their goal is to be as efficient and economical as possible and to
leverage additional resources. That's why they are looking for partner
agencies —nonprofits and other governmental agencies; and as they have done in
the initial focus area, private resources from people of goodwill who see this as
a good endeavor. He stated that they know they are taking a risk by suggesting
that they look at five focus areas; and he couldn't tell the Council whether they
will have the budget to do what we would love to do in all five areas.
Hopefully, they will have enough to do something.
He noted that if they had put the top ten focus areas before the Council, which
they had initially started out with, there would be a focus area in every single
ward throughout the city —several in some wards. He stated that it really boils
down to a matter of resources —what can they afford to do at this point with our
budget and how can they leverage resources from the community. He stated
that the Police Chief had a comment about the Weed and Seed grant application
which he has submitted and is another source that they are looking to for
additional resources.
Mayor/Chairman Morris stated that he had asked the Chief and his team to look
for all available grants. He noted that they have been working with the federal
government —that the attorney general has named us as one of the recipient
cities for an ATF team that will arrive here this summer to assist us, but we
have also moved ahead with a major grant application on Weed and Seed that
will come back to the Council.
19 06/04/2007
Chief Billdt explained that the Weed and Seed grant process had changed
significantly this year, and they had to submit a letter of intent by May 31,
which they have done. He stated that he believed the application would be due
in August, and they would come back to the Council and go to committee and
seek the Council's approval.
The Chief noted that the grant would total one million dollars —that it was a
good and important opportunity as they try to amass resources to address as
many of the focus areas as possible.
Council Member/Commissioner Johnson stated that he appreciated the way they
had nailed it down to the five focus areas; however, he would like to see the top
ten.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the Mayor and Common Council approve
in concept the five focus areas for expansion of the Operation Phoenix
Neighborhood Initiative, and direct City staff to work with the County and
school officials to bring back for Council review, recommended crime -fighting
strategies for each focus area, including a draft budget for implementation of the
strategies.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris, Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney
Calkins, Economic Development Agency Executive Director Pacheco and Special
Counsel Sabo, City Clerk Clark. Absent: None.
R32. Ordinances approving and adopting an Eminent Domain Program for all
Redevelopment Project Areas
20 06/04/2007
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; 40" 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. FIRST READING (R32A)
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. FIRST
READING (R32B)
Council Member/Commissioner McCammack advised that she would abstain
on item R32B because she owns property in the 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 Estrada, that said ordinance A, 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.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance B, be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
R33. Single -Family Beautification Loan/Grant and Homebuyer Education
Programs with Neighborhood Housing Services of the Inland Empire, Inc.;
Agency Homebuyer Assistance Program
21 06/04/2007
RES. CDC/2007-13 - 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 enter into a new 3-year HOME Agreement
(2007-2010 HOME Funds), subject to annual funding availability, by and
between the Agency and Neighborhood Housing Services of the Inland
Empire, Inc. ("NHSIE"). (R33A)
RES. CDC/2007-14 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Amendment No. 1 to the Agency's
Single -Family Beautification Loan/Grant and Mobile Home Grant
Programs Agreement by and between the Agency and Neighborhood
Housing Services of the Inland Empire, Inc. ("NHSIE") dated February 7,
2005. (R33B)
Council Member/Commissioner McCammack stated that she would abstain
because Neighborhood Housing Services is a client. She left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Community Development Commission
of the City of San Bernardino approve a programmatic change to the
Homebuyer Assistance Program increasing the amount of down payment
assistance for eligible homebuyers, as deemed necessary by the Agency
Executive Director; and that said resolutions A&B, be adopted.
The motion carried and Resolution Nos. CDC/2007-13 and CDC/2007-14 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions:
Council Member/Commissioner McCammack. Absent: None.
R34. Redevelopment Cooperation Agreement with Inland Valley Development
Agency; Owner Participation Agreement with ICO Real Estate Group (dba
Perris Campus Plaza, LLC) and Findings of Fact related to Health and
Safety Code Section 33445 (Tippecanoe Avenue — IVDA Redevelopment
Project Area)
22 06/04/2007
RES. 2007-185 - Resolution of the Mayor and Common Council of the City
of San Bernardino making certain findings and determinations and
consenting to payments for public improvements by the Redevelopment
Agency of the City of San Bernardino ("Agency") related to the property
at 678 South Tippecanoe Avenue ("Site") pursuant to the 2007 Property
Owner Participation Agreement by and between the Agency and Perris
Campus Plaza, LLC Project (IVDA Redevelopment Project Area). (R34A)
RES. CDC/2007-15 - 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 2007 Property Owner Participation Agreement
(°`OPA") by and between the Agency and Perris Campus Plaza, LLC,
Project for the development of 678 South Tippecanoe Avenue (the "Site")
(IVDA Redevelopment Project Area). (R34B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolutions A&B, be
adopted.
Mayor and Common Council Resolution No. 2007-185 and Community
Development Commission Resolution No. CDC/2007-15 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
PLANNING
35. Public hearing - Conditional Use Permit No. 06-24 (Appeal No. 07-02) - an
appeal of a Planning Commission approval of additional antennas and
equipment at an existing communication tower site, with a requirement to
replace the existing non -stealth monopole tower with a monopine - project
site is located at 1093 West 5' Street in the CH, Commercial Heavy, land
use district (Continued from May 21, 2007)
The hearing remained open.
Henry Empeno, Deputy City Attorney, advised that the Council had been given
a copy of a memo dated June 1, 2007, from Terri Rahhal, City Planner/Deputy
Director, memorializing a meeting that he attended along with the attorney for
the appellant and the appellant's representatives last week.
23 06/04/2007
He stated that basically all parties had agreed that the conditions would be
modified with deletion of the conditions requiring the monopine upgrade; and
the addition of a condition requiring landscaping and that an irrigation system
would be installed and maintained along with the landscaping. He stated that his
recommendation would be that the Council approve the recommended form
motion with the following language added to the end of the last sentence, "as
stated in Terri Rahhal's memo to the Mayor and Council dated June 1, 2007."
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that the Mayor
and Common Council deny Appeal No. 07-02 and uphold the Planning
Commission's approval of Conditional Use Permit No. 06-24, subject to revised
conditions of approval, as stated in the memo to the Mayor and Common
Council dated June 1, 2007, from Terri Rahhal, Deputy Director/City Planner.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
36. Request the Fire Chief to compile appropriate documentation regarding
potential fee waivers for non-profit senior citizen apartment complexes
Council Member/Commissioner McCammack stated that she was requesting that
her colleagues allow the City Manager and the Fire Chief to review the City's
multi -family inspection fee program, since the fees themselves have become
quite burdensome to the nonprofit senior citizen complexes —specifically those
that have 80 percent or more senior occupancy. She stated that she was simply
asking that the Council see if there is a way to either lower the fees on those
particular complexes, as they do for other nonprofit organizations throughout
the City, or maybe it would mean that they need to increase the fees for the
noncompliant apartment complex owners.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Fire Chief report back to the
Council within 30 days with appropriate documentation, the financial impact of
waiving these burdensome inspection fees for the first and follow-up inspections
for non-profit apartment complexes housing 80% or more senior citizens.
The motion
Commission
McCammack.
Commissioner
carried by
Estrada,
Nays: None.
the following vote:
Baxter, Brinker,
Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
24
06/04/2007
37. Public Comments
Debra Matley, 380 West 17' Street, San Bernardino, CA, announced that the
next DMV Neighborhood Association meeting would be held Tuesday, June 5,
at 6:30 p.m. at St. John's Episcopal Church, 1407 North Arrowhead. Also, on
Saturday, June 9, the DMV Neighborhood Association is hosting a community
beautification day from 8:00 a.m. to 11:30 a.m., also at St. John's. She stated
that all trash would be accepted except hazardous material, and proof of
residency would be required.
The following individuals spoke regarding their concerns relative to County
work/activity above 40' Street in the area of the Twin Creeks Flood Control
Basin, which is creating dust, noise, street damage, etc.:
Valerie Lichtman, 860 E. Bernard Way, San Bernardino, CA;
Elliott Graham, 699 E. 40' Street, San Bernardino, CA, who also submitted a
letter dated June 1, 2007, addressed to Supervisor Dennis Hansberger;
Eli Jaffe, 795 E. Sonora, San Bernardino, CA;
Linda Daniels, 800 E. Marshall Boulevard, San Bernardino, CA.
Mayor/Chairman Morris advised that he had spoken with City Attorney Penman
regarding this issue and had called Supervisor Hansberger's office; however,
Mr. Hansberger was on vacation. He stated that it is important to expeditiously
get a handle on the problem, that the best recourse would be a political solution,
and that it is important to get the policymakers together and find a resolution to
the problem.
38. Adjournment
At 5:50 p.m., the meeting adjourned to 4:30 p.m., on Thursday, June 7, 2007,
in the Economic Development Agency Boardroom, 201 North "E" Street, for
budget deliberations. The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, June 18, 2007, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
No. of Items: 38
No. of Hours: 4.5
RACHEL G. CLARK
4,4�City Clerki�By:e. &^""3.��`.t
Linda E. Hartzel
Deputy City Clerk
25 06/04/2007