HomeMy WebLinkAbout08-20-2007 MinutesSan
CITY OF SAN BERNARDINO
300 N. `D"Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patick J. Moms
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCa mack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 20, 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 1:34 p.m., Monday, August 20, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Derry,
Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Estrada.
Council Member/Commissioner Estrada Arrived
At 1:50 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Christina Smith, et al. v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 06-860 GW (CTx);
08/20/2007
Avelina Cadion v. City of Highland, City of San Bernardino, Armando F.
Medel, Antoinette Medel, Darrell J. Hertel, Darlene Hertel, et al. - San
Bernardino County Superior Court Case No. SCVSS 142532 EDCV 98-
66RT (VAPx);
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 07-01027 SGL (OPx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Patricia Morana v. City of San Bernardino, et al. - San Bernardino Superior
Court Case No. CSVSS 137616;
Under Agenda Item No. 1C, initiation of litigation, Diamond Concessions
Inc., pursuant to subdivision (c) of Government Code Section 54956.9.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
2 08/20/2007
Invocation/Pledge of Allegiance
The invocation was given by Reverend David Randolph, Chaplain at San Bernardino
Community Hospital, followed by the pledge of allegiance, led by Councilman Dennis
Baxter.
Moment of Silence
Mayor/Chairman Morris extended condolences to the families and requested a moment
of silence in memory of William "Bill" R. Sikes, who operated APS Affiliates in San
Bernardino with his wife for over 35 years, worked with the Neighborhood Watch
Program, was a 15-year member of the board of National Night Out, and was well
known for his work in the rehabilitation of graduates of New House, Inc.; JoAnn Jean
Maples, affectionately known as "Jody," who was involved with the annual Headdress
Ball, both as a model and a coordinator, was a board member and chair of the Ethics
Committee for the Visiting Nurse Association, and was active in the Assistance League;
and Wesley "Wes" Jefferson, who wrote grant applications that brought in funds needed
to build the Public Enterprise Center on Highland Avenue, was President of Westside
Action Group for 13 years, and was best known for his work with Operation Second
Chance.
2. Appointments
• Lynette Kaplan - Fine Arts Commission - Council Member Kelley
• James M. Smith - Bicentennial Ad Hoc Committee - Council Member
Derry
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the appointments of Lynette Kaplan and
James M. Smith, as requested by Council Members Kelley and Derry, be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
3. Presentations
Gary Dehrer, Principal of San Bernardino Adult School, gave an overview of the
school's "Annual Report Card" for the 2006-2007 school year.
The Second Quarter 2007 Employee Award was presented to Tony Lugo,
Engineering Assistant III in the Development Services Department.
The Second Quarter 2007 Customer Service Award was presented to Rina
Marron, Account Clerk II in the Finance Department.
Councilman Chas Kelley presented a Certificate of Recognition to Code
Enforcement Officer Curtis Stone, for the outstanding job he does for the City.
3 08/20/2007
Mr. Stone is solely responsible for improvements in the City's business corridor
and for the clean up efforts in the Kendall/University area.
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
Keith Sartin
Donna Rice
Lynn Knutson
David Carlson
Byron Clark
Timothy Crocker
David Harp
Frank Mankin
Kenneth Peary
Thomas Stieg
4. Announcements
Department
Years of Service
Code Compliance
5
Library
10
Parks, Recreation & Community
15
Services
Police
10
Police
5
Police
15
Police
30
Police
30
Police
15
Police
15
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive full reading of resolutions & ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolutions and ordinances
on the regular agenda of the Mayor and Common Council and Community
Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: June 18,
2007; June 21, 2007; and July 2, 2007.
4 08/20/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated July 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, McCammack.
Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated August 17, 2007 in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City of
San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9. RES. 2007-336 — Resolution of the Mayor and Common Council 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 Colton from July 1, 2007 through June 30, 2010, and ratifying
any action taken between July 1, 2007 and the date that this resolution is
adopted.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-336 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
5 08/20/2007
10. Authorization to proceed — street name change for 3e Street between
Waterman and Parkside to Arrowhead Country Club Way
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Development Services Director be
authorized to proceed with street name change for 34' Street between Waterman
and Parkside to Arrowhead Country Club Way.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
11. 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 (1000) square feet of land at Wildwood Park, 536 E. 40' Street.
Note: No backup materials were distributed.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of September 4, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
12. RES. 2007-356 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an Agreement with USO Ontario
for financial assistance from the Civic and Promotion Fund for FY 2007/08.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted; and that
the request for FY 2007/08 civic/promotion funding in the amount of $2,500 to
support the activities of the USO at Ontario Airport, for the benefit of U.S.
Armed Forces, be approved.
The motion carried and Resolution No. 2007-356 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
13. Item Deleted.
6 08/20/2007
14. Resolution of the City of San Bernardino approving Services Agreements
with Willdan Associates, Interwest Consulting Group and Esgil Corporation
for the provision of professional plan check services.
Note: No resolution was distributed with the backup materials.
Staff requested that this matter 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 September 4, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
15. RES. 2007-357 — Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a Contract to Zuniga Electrical Construction for
traffic signal plan at Little Mountain Drive and Northpark Boulevard (TC04-
41), per Project Plan No. 11972.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-357 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2007-337 — Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a Contract to Nikola Corporation for sewer
improvements on Sierra Way from 16' Street to 19'b Street (SW-E), per
Project Plan No. 12187.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2007/08 Sewer Line
Maintenance budget by appropriating $310,000 from the Sewer Line Maintenance
available fund balance for sewer improvements on Sierra Way from 16' Street to
19' Street, per Project Plan No. 12187.
The motion carried and Resolution No. 2007-337 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
7 08/20/2007
17. RES. 2007-338 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the Final Map for Tract Map No. 14881,
located on the northwest corner of Ohio and Chestnut Avenues in the RL,
Residential Low land use district, accepting the public dedications as set forth
on said map; and authorizing execution of the standard form of agreement
for the improvements in said subdivision, with time for performance
specified.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-338 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2007-339 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving Amendment No. 1 to Agreement with Caltrop
Corporation for on -call construction inspection services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2007/08 adopted budget and
transfer $200,000 from salary and benefits accounts ($75,000 from 001-183-
50xx; $125,000 from 001-184-50xx) to the professional/contractual account (001-
183-5502).
The motion carried and Resolution No. 2007-339 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
19. RES. 2007-340 - Resolution of the City of San Bernardino authorizing
Amendment No. 1 to Reimbursement Agreement with the San Bernardino
International Airport Authority related to the preparation of an Airport
Land Use Compatibility Plan.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-340 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8 08/20/2007
20. RES. 2007-358 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Contract and issuance of an
annual purchase order to Securitas Security Services USA, Inc. for security
guard services at City Libraries.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2007-358 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2007-341 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance or her designee to
issue an annual purchase order to Fisher Scientific Company in the amount
of $15,000, L.N. Curtis & Sons in the amount of $50,000, and Mallory
Company in the amount of $10,000 for replacement of protective clothing
and equipment for structural firefighting.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-341 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2007-342 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance or her designee to
issue an annual purchase order to Greenwoods Uniforms in the amount of
$50,000 for replacement of Class "B" uniforms.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-342 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. Amend the Contract between the Public Employees Retirement System
(PERS) and the City of San Bernardino to provide a 2.7% @ 55 retirement
benefit for miscellaneous employees
9 08/20/2007
RES. 2007-359 - Resolution of Intention to approve an amendment to
contract between the Board of Administration California Public Employees'
Retirement System and the Mayor and Common Council of the City of San
Bernardino.
An Ordinance of the Mayor and Common Council of the City of San
Bernardino authorizing an amendment to the contract between the Mayor
and Common Council of the City of San Bernardino and the Board of
Administration of the California Public Employees' Retirement System.
FIRST READING
Council Member/Commissioner Derry stated that since the Council had discussed
providing the 2.7 percent benefit at 55, the City has had a number of changes in
its economic situation including projected shortfalls for sales tax revenue and the
reassessment of properties for property tax purposes. He stated that he wanted to
take this opportunity to notify everyone involved from the San Bernardino Public
Employees' Association that this benefit comes at a cost of approximately $2.4
million per year, and while he knows it is absolutely necessary from a
competitive standpoint —the attraction to new employees and the retention of
current employees —the cost involved is significant. He stated that if the financial
numbers for the City continue at the current level, they are going to have to make
sure that any shortfalls in the City budget are met. Mr. Derry stated that he'd
like the opportunity to meet with the Public Employees' Union to discuss the
options that they're going to have to look at in the future.
Council Member/Commissioner Estrada stated that Mr. Derry's statement
concerned her because those financial issues would affect everything across the
board as it relates to the City.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted; and that said
ordinance be laid over for final adoption on September 17, 2007.
The motion carried and Resolution No. 2007-359 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
24. Resolutions implementing a Memorandum of Understanding with the Middle -
Management Unit; a Side Letter for Contract Extension with the General
Unit, and an updated Resolution with Management/Confidential Unit
RES. 2007-343 - Resolution of the City of San Bernardino implementing a
Memorandum of Understanding between the City of San Bernardino and
employees in the Middle Management Bargaining Unit of the City of San
Bernardino represented by San Bernardino Public Employees' Association.
10 08/20/2007
RES. 2007-344 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Side Letter to Resolution No. 2005-75,
amending Article III, Compensation, Section 2, PERS; Article IV, Fringe
Benefits, Section 2, Health/Life Insurance; and Article VII, General
Provisions, Section 4, Term of Memorandum of Understanding between the
City of San Bernardino and employees in the General Unit represented by the
San Bernardino Public Employees' Association.
RES. 2007-345 - Resolution of the City of San Bernardino establishing a
Management and Confidential Employee Compensation and Benefits Plan
and repealing Resolution No. 2005-242.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolutions A,B, and C be adopted; and
that the Director of Finance be authorized to amend the FY 2007/08 budget to
transfer funds included in the General Fund Budget to the appropriate
departments for the items outlined in the staff report dated August 14, 2007, from
Linn Livingston, Director of Human Resources.
The motion carried and Resolution Nos. 2007-343, 2007-344 and 2007-345 were
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None.
25. RES. 2007-346 - Resolution of the City of San Bernardino approving a side
letter to Resolution No. 2007-343, Resolution of the City of San Bernardino
and Employees in the Middle -Management Bargaining Unit of the City of
San Bernardino represented by the San Bernardino Public Employees'
Association amending Article III, Compensation, Section 1, Wages.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-346 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2007-360 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a purchase order to Sucaba Company, Inc.
for computer services of the Workers' Compensation and Risk Management
Claims Systems, for a total amount not to exceed $39,000.
11 08/20/2007
City Attorney Penman stated that they have had some problems in the past with
using purchase orders for services. He stated that his concern is that the City
should be protected by having the necessary contract language, which is not
present in purchase orders.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-360 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2007-347 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order for Fiscal Year 2007/2008 purchase of services with AT&T Internet
Services Inc. for direct internet service.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-347 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and Purchase Order with two one-
year renewal options to Harris Computer Systems for maintenance of the
City's financial system. (See related Agenda Item Nos. 29 & 30)
Agenda Item Nos. 28, 29 and 30 were considered simultaneously.
Note: No Resolution was distributed with the backup materials.
City Attorney Penman advised that due to the fact that the agreements have not
been returned, he recommended that Agenda Item Nos. 28, 29 and 30 be
continued for two weeks.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 4, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
12 08/20/2007
29. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and Purchase Order with two one-
year renewal options to Accela, Inc., for maintenance of the Permits+
system. (See related Agenda Item Nos. 28 and 30)
Note: No Resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 4, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
30. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an Agreement and Purchase Order with two one-
year renewal options to Sungard HTE for maintenance of the Water
Department's Financial and Utility Billing System. (See related Agenda Item
Nos. 28 & 29)
Note: No Resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 4, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
31. RES. 2007-361 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute and administer
two Grant Agreements with the County of San Bernardino concerning the
use of FY 07-08 Indian Gaming Special Distribution Funds.
Council Member/Commissioner McCammack indicated that she would abstain on
this item due to the fact that the funding of this particular grant comes from one
of her business clients. She left the Council Chambers and returned after the vote
was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
13 08/20/2007
Resolution No. 2007-361 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.
32. RES. 2007-362 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a continuation grant application
with the Corporation for National and Community Service, accepting the
amount of $300,600 to continue the administration and operation of the
Senior Companion Program for the period of July 1, 2007 through June 30,
2008, and ratifying all action taken between July 1, 2007 and the date that
this Resolution is adopted.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-362 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
33. RES. 2007-348 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an interim purchase order and contract
extension with the Wackenhut Corporation to provide jail staffing from July
1, 2007 through August 31, 2007 in an amount not to exceed $60,400.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-348 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
34. RES. 2007-349 - Resolution of the City of San Bernardino authorizing the
execution of an Agreement for the San Bernardino Police Department to
participate as a member of the United States Department of Justice Drug
Enforcement Administration (DEA) Task Force.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-349 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14 08/20/2007
35. RES. 2007-350 — Resolution of the City of San Bernardino authorizing the
City Manager to execute a Driver Safety Training Agreement between the
City of San Bernardino and Inland Valley Development Agency/San
Bernardino International Airport Authority (IVDA/SBIAA), allowing the
Police Department to use the San Bernardino International Airport for driver
safety training.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-350 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
36. RES. 2007-351 — Resolution of the City of San Bernardino awarding All State
Police Equipment Company a purchase order for ammunition in the amount
not to exceed $150,000.00 with three optional renewal years.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-351 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
37. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a Vendor Services Agreement and issuance of a
purchase order in the amount of $90,000.00 with two one-year extensions at
the City's option between the City of San Bernardino and Peter John
Container Repair for commercial bin repairs utilized by the Public Services
Department, Integrated Waste Management Division.
Bridgette Washington, 433 N. Sierra Way, San Bernardino, CA, stated that this
agenda item was brought to the attention of the San Bernardino Public
Employees' Association back in April by two City employees who are currently
performing the duties of equipment repair workers in the servicing, welding,
repairing and painting of the bins. She stated that their concern is that
performance has never been an issue with these two employees. As a matter of
fact, Ms. Washington stated that their evaluations should reflect that they've had
satisfactory and above performance. They have never been made aware of any
performance issues —nothing has ever been documented as far as they know. She
stated that their jobs are to service the bins; however, since April of this year,
that service has not been performed by the two employees who have been hired
by the City to perform that duty.
15 08/20/2007
Ms. Washington stated that what you would find if you were to visit the City
yards today is over two hundred bins that are waiting for repair. Perhaps they're
waiting on contractors to do the work, she didn't know, but what she did know is
that two skilled employees have been hired to perform that duty and they are
doing other functions. She urged the Council to ask the employees specific
questions as to what they have been told and what they have been doing since
April of this year while the bins have been piling up. Ms. Washington stated that
it's quite interesting and a little overwhelming when you go to the City yards and
see just how many bins there are, and the fact that there are two employees that
have over 38 years of combined service with the City. She stated that she
understood the employees do not risk losing their jobs, but in the event that the
work is contracted out, she was concerned about what will happen to them.
Sencio Chavez, 6802 Redwood Avenue, Hesperia, CA, stated that he has worked
for the City for 23 years, and his job has been to repair the bins that range in size
from 3 to 40 yards. He stated that they also fix compactors and trucks, but in
April of this year, they stopped receiving materials to repair the bins. Mr.
Chavez stated that there are approximately 5,000-6,000 bins in the yard, but
they have never fallen behind in their repairs. He noted that the contractors that
were brought in have been doing shabby work. He requested that there be further
investigation into this matter.
Jessie Waldie, 9135 Wilson Ranch, Phelan, CA, stated that he has been
employed by the City for 16 years. He stated that he started out as an intern in
the garage, then he became an auto body repair person, and his current position is
Equipment Repair Worker H. He stated that he has never received a bad
evaluation —he has done top quality work for this City.
Mr. Waldie stated that he and Sencio used to track all the materials and supplies
for refuse containers and would repair and paint them on a daily basis. He stated
that they were questioned by refuse management on their repairs, and in April he
was denied a grinder that he needed for the repairs. Mr. Waldie stated that little
by little they stopped providing materials and supplies for repairs, and finally they
noticed that they had bidders coming in to contract out their positions.
Council Member/Commissioner McCammack stated that she received a letter
from Ms. Washington that had been written to Linn Livingston, Director of
Human Resources. She stated that she then questioned Ken Fischer, Director of
Public Services, about the work that was piling up, and in his written response he
stated that the work piled up because the employees have not been able to keep up
with it. He stated that the workload was too large for these employees so they
contract to handle the increased workload until it grows to the point of needing
another full time position.
16 08/20/2007
Ms. McCammack stated that Mr. Fischer went on to say in his letter that he was
not aware of employees being told not to work on bins because of a proposed
contract. He stated that the bins need to be repaired so they can be used for
service. He indicated that they have had some new bins arrive and they have
been placing them into service and retrieving the old bins. Mr. Fischer stated
that these old bins will have to be inventoried, and he said he would have the
employees start on it right away so they can order materials and get going.
Council Member/Commissioner McCammack stated that she was concerned that
there may have been miscommunication. She stated that if the employees have
had good or better -than -good reviews in evaluations, how can someone say that
they haven't kept up with the work. She stated that she was very concerned that
City employees are being treated this way, and that the matter had to come before
this Council.
Ms. McCammack stated that she hoped the Council would ask more questions,
and then they would get the City Manager to determine if, in fact, the claims
made by the employees are accurate. If they are not accurate, she felt it was only
fair that they communicate this to the employees. She stated that she was
concerned with some of the issues Mr. Chavez brought up regarding the bins. If
we've got a manager denying them the ability to buy materials and tools to do
their job, she sees an issue with that. If they've been hired as auto body repair
persons and now they are Equipment Repair Worker IIs, it would seem to her that
these employees have not been treated fairly.
Council Member/Commissioner Estrada stated that she was not going to vote on
this contract in light of the issues that had been raised.
City Manager Wilson stated that he was aware of the concern that was brought up
today, but not to the degree that he had heard. He stated that it was his
understanding that this proposal did just what Ms. McCammack said, which was
to simply complement the work of the existing individuals they heard from today.
He stated that there is no attempt to eliminate their jobs or change their job duties
because that would require a meet and confer process with the union, which they
are not suggesting right now. Mr. Wilson requested that this matter be continued
for two weeks.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 4, 2007.
Council Member/Commissioner McCammack asked that the motion to continue
be withdrawn so the Council could continue their discussion on this matter.
Council Member/Commissioner Kelley withdrew his motion and Council
Member/Commissioner Baxter withdrew his second.
17 08/20/2007
Council Member/Commissioner Johnson stated that at the agenda briefing last
Wednesday, Mr. Fischer had stated that the work was done before that contract,
but he didn't see that in the backup.
Mr. Fischer stated that last year there was a $21,000 contract for this same
company to do some welding on the bins in order to catch up. He stated that they
did a nice job last year so they did a bid process and they came in as the low bid.
He stated that they felt that if they got this $90,000 contract for the entire year
they wouldn't fall as far behind as they have in the past in getting repairs done.
Council Member/Commissioner McCammack asked Mr. Fischer at what point
would they be ready to hire that extra employee if they were going to spend
$90,000 on a contractor.
Mr. Fischer stated that they would evaluate that contractor to see what kind of
volume they get in relation to what the two employees were doing out there, and
then they could determine if they were at that point yet because they have salaries
and benefits to consider.
Council Member/Commissioner McCammack asked Mr. Fischer what he thought
these two employees have been doing since April.
Mr. Fischer stated that they have been doing body repair and welding primarily in
the vehicle maintenance shop, which has taken time away from the bin repair.
He stated that nobody is saying that they've done a bad job, and he was not there
proposing that their jobs be eliminated. He stated that the letter that came from
the union suggesting that is inaccurate.
Council Member/Commissioner McCammack asked Mr. Fischer about the tools
and materials.
Mr. Fischer stated that there was an issue on the welding gas, but that is a
budgetary issue and has nothing to do with the repair issue. He stated that it is
not related to this particular action at all, and it would make it more confusing to
go into the explanation of that right now.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of September 4, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
18 08/20/2007
38. RES. 2007-363 - 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 $58,500.00 between the City of San Bernardino and
Guzman Construction Co. for the labor, concrete materials and equipment
costs associated with the removal and installation of damaged, deficient and
aged manholes located throughout the City of San Bernardino.
Council Member/Commissioner McCammack indicated that she would abstain on
this item due to the fact that several of the manhole covers that are being replaced
are in close proximity to either her house or her business. She left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-363 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.
39. RES. 2007-352 - Resolution authorizing the execution of an Agreement and
issuance of an annual purchase order with two single year renewal options to
Star Auto Parts of San Bernardino for the purchase of automotive parts and
supplies utilized by the Public Services Department Fleet Division.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-352 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
40. RES. 2007-353 - A Resolution authorizing the execution of an Agreement and
issuance of an annual purchase order with two single year renewal options,
pursuant to Section 3.04.010-B3 of the Municipal Code, to McCray
Enterprises of San Bernardino for medium and heavy duty equipment and
truck repair, including purchase of various related parts.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-353 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19 08/20/2007
41. RES. 2007-354 — Resolution authorizing the execution of an Agreement and
issuance of an annual purchase order with two single year renewal options, to
HREM Inc. for the manufacture and repair of hydraulic cylinders and
supplies to be utilized by the Public Services Department Fleet Division.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-354 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
42. RES. 2007-355 — Resolution authorizing the execution of an Agreement and
issuance of an annual purchase order with two single year renewal options, to
Fleet Pride for heavy duty vehicle brake work, including purchase of various
related parts and supplies to be utilized by the Public Services Department
Fleet Division.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-355 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
43. Ordinance of the City of San Bernardino adding Chapter 2.19 to Title 2 of
the San Bernardino Municipal Code establishing a Youth Advisory
Commission. FIRST READING
Council Member/Commissioner McCammack asked what happed to the Mayor's
Youth Council that operated through Mayor Valles' term.
Peggi Hazlett, Assistant to the Mayor, stated that it started as the Mayor's Youth
Task Force that was made up of adults only. She stated that Mayor Valles asked
that they change that so they had representatives from all the local middle schools
and high schools, and that evolved to representatives from the local high schools,
including Aquinas, that met with her on a monthly basis. She stated that they
established a vision and they were very successful in establishing the Mayor's
Run, which was one of their first components. She stated that they wanted to
make sure that they had a sustainable program in place, so the funding from the
Mayor's Run has gone into the Mayor's Youth Councils.
Ms. Hazlett stated that with the change of administration and being uncertain
whether or not they were going to have this program sustained in the Mayor's
office when Mayor Valles chose not to run for re-election, they did not establish a
20 08/20/2007
44
Mayor's Youth Council for the past year. She stated that Council Member
Brinker asked that they form a Youth Commission, therefore, they have enacted a
Mayor's Youth Council for the coming school year.
Council Member/Commissioner Brinker stated that he was very excited about the
opportunity that this represents for the City. He stated that they're getting ready
to start the school year and this is a perfect time to get this thing rolling. He
stated that there are a lot of ways that the kids could be involved in the
community and probably the biggest project they are going to undertake is to
create a Youth Master Plan. He stated that that would give them an opportunity
to provide us with their needs and goals for the City and then it would be
incumbent upon them to figure out how they were going to fit that into their
budget planning next year and move forward with those items. Mr. Brinker
stated that one of the items that he thinks is particularly interesting about this
commission is that they were asking these kids to be involved in other
commissions, as needed, as well. He stated that this gives young people in the
community a chance to be involved in all sorts of policy decisions and have their
voices heard.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, 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.
Salary increases for part-time positions in the Parks & Recreation
Department
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council:
Increase the salary for the position of Recreation Specialist from $9.00-$10.50
per hour to $10.60-$12.30 per hour effective 09/01/07;
Increase the salary for the position of Senior Recreation Leader from $8.00-$8.80
per hour to $9.25-$10.90 per hour effective 09/01/07;
Increase the salary for the position of Recreation Leader from $8.20-$8.60 per
hour to $8.20-$9.60 per hour effective 09/01/07;
Increase the salary for the position of Lifeguard from $8.00-$9.50 per hour to
$9.05-$10.70 per hour effective 09/01/07;
21 08/20/2007
Increase the salary for the position of Senior Lifeguard from $9.50-$11.00 per
hour to $10.70-$12.60 per hour effective 09/01/07;
Increase the salary for the position of Pool Manager I from $11.00-$13.00 per
hour to $12.15-$14.30 per hour effective 09/01/07;
Increase the salary for the position of Pool Manager II from $12.50-$14.00 per
hour to $13.40-$16.30 per hour effective 09/01/07;
Authorize an additional $.50 increase effective 01/01/08 for these classifications;
and
Authorize the Human Resources Department to update Resolution No. 6413.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
City Attorney Penman advised that salary increases are normally done by
resolution which enables them to be tracked in case of litigation; however, there
is a time issue and this item needs to proceed today. He recommended that the
Council proceed with the motions, but that this matter be brought back to the
September 4, 2007 Council meeting with the appropriate resolutions.
45. Public hearing - Cajon Boulevard and University Parkway Area Landscape
Maintenance Assessment District No. 1057 (Parcel Map No. 17375)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the hearing relative to the formation
of the Cajon Boulevard and University Parkway Area Landscape Maintenance
Assessment District No. 1057, be continued to the Council/Commission meeting
of September 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
22 08/20/2007
46. An Ordinance of the City of San Bernardino repealing Chapter 8.35 to Title
8 of the San Bernardino Municipal Code, that any vehicle used to solicit an
act of prostitution or to acquire or attempt to acquire a controlled substance
is a nuisance subject to seizure and impoundment. FIRST READING
(Continued from August 6, 2007)
City Attorney Penman requested that this matter be continued to November 19,
2007.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of November 19, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
47. Election of Mayor Pro Tem
Note: No backup materials were distributed.
Mayor/Chairman Morris stated that this Council decided to change the format of
the Mayor Pro Tem's tenure of service from monthly to annually.
Council Member/Commissioner Derry stated that it was his proposal to bring this
item to the Legislative Review Committee and through the legislative process to
the full Council. He stated that he believed it was important to have a Mayor Pro
Tem elected on an annual basis so we know who to turn to when and if the Mayor
is incapacitated or out of town and there is an emergency. He stated that he felt it
was for the good of the order that they do so instead of having a monthly rotating
Mayor Pro Tem. Mr. Derry nominated Councilwoman Wendy McCammack as
Mayor Pro Tem.
Council Member/Commissioner McCammack respectfully declined that
nomination because she stated that she would hate for anyone to consider that the
Mayor Pro Tem's position would be used as an election or re-election technique,
and she thought it would cast what might appear to be an unfair advantage for
anyone running for election or re-election.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that Councilman Derry be elected Mayor
Pro Tem for the coming year.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
23 08/20/2007
48. Discussion of Economic Development Agency Budget
Council Member/Commissioner Derry stated that they have discussed the $8
million left in the Economic Development Agency budget that had not been
appropriated during the budget process, and at that time he was told that it would
be brought back after the Urban Land Institute briefing they had today.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that a workshop be scheduled for September 4,
2007, for discussion of the Economic Development Agency Budget.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
49. Resolution adopting the Capital Improvement Program (CIP) for FY
2007/2008 to 2011/2012
RES. 2007-364 — Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the 2007/2008 through 2011/2012 Capital
Improvement Program.
Mayor/Chairman Morris stated that due to potential conflicts of interest which
require certain Council Members and the City Attorney to recuse themselves from
voting on Capital Improvement Projects located within 500 feet of real property
which they own or in which they have an interest, three separate actions would be
taken to approve the CIP.
Mayor Morris stated that on the first action, all members of the Council may vote
to adopt the resolution and Exhibit A, which includes all projects in the CIP,
except those noted in the resolution which pose a conflict of interest for specified
Council Members and the City Attorney. He stated that because of the need to
maintain a quorum for each vote, two additional votes would be taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution and Exhibit "A" be adopted,
which includes all projects in the Capital Improvement Program except those
listed which pose a potential conflict of interest to City Attorney Penman and
Council Members/Commissioners Estrada, Baxter, Brinker, Johnson and
McCammack; and that the Director of Finance be authorized to amend the FY
2007/08 budget to incorporate the completed FY 2007/08 Capital Improvement
Program (CIP) into the Final FY 2007/08 budget.
24 08/20/2007
The motion carried and Resolution No. 2007-364 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
Council Member/Commissioner Baxter stated that he would abstain from voting
on Exhibit "B" because he owns or has an interest in real property within 500
feet of CIP No. SSO4-116; Council Member/Commissioner McCammack stated
that she would abstain from voting on Exhibit "B" because she owns or has an
interest in real property within 500 feet of CIP Nos. SS06-20, SS06-90, SS07-27
and SW08-08; and City Attorney Penman stated that he would abstain on Exhibit
"B" because he owns or has an interest in real property within 500 feet of CIP
No. PR07-09. They left the Council Chambers and returned after the vote was
taken.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the CIP projects listed in Exhibit "B" be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson. Nays: None.
Abstentions: Council Members/Commissioners Baxter, McCammack. Absent:
None.
Council Member/Commissioner Estrada stated that she would abstain from voting
on Exhibit "C" because she owns or has an interest in real property within 500
feet of CIP No. PR04-08; Council Member/Commissioner Brinker stated that he
would abstain from voting on Exhibit "C" because he owns or has an interest in
real property within 500 feet of CIP Nos. SSO4-51 and SS06-102; and Council
Member/Commissioner Johnson stated that he would abstain from voting on
Exhibit "C" because he owns or has an interest in real property within 500 feet of
CIP Nos. SS07-11, SS06-11, and SW04-41. They left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the CIP projects listed in Exhibit "C" be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Derry, Kelley, McCammack. Nays: None.
Abstentions: Council Members/Commissioners Estrada, Brinker, Johnson.
Absent: None.
25 08/20/2007
50. An Ordinance of the City of San Bernardino adding Section 19.06.027 to the
San Bernardino Municipal Code (Development Code) and prohibiting the
establishment and operation of new parolee/probationer group homes,
registered sex offender group homes, and unlicensed group homes.
Mayor/Chairman Morris stated that he had been informed by Councilman Kelley,
Legislative Review Committee (LRC) Chairman, that this issue was discussed at
length, and a decision was made by the committee to schedule a Council
workshop on this matter. He stated that the purpose of a workshop would be to
ensure that they have all the facts, options and ideas in front of them before they
make a decision on how to address the complex issue of group housing in single-
family residential neighborhoods. The Mayor's office and the City Attorney were
both present at the LRC meeting and there were no objections raised as to the
direction given by the committee. He understood that the City Manager was
currently making arrangements for that workshop.
Mayor Morris stated that at the last Council meeting he urged that they not let the
moratorium continue indefinitely because the law allows moratoriums to continue
for a prolonged period for almost two years, and that is simply too long for them
to sit still. As a result, the Mayor urged the Council that they should move
decisively because they are behind the curve considering what other cities have
done to address the issue of group housing in single-family residential
neighborhoods. Mayor Morris stated that at the last meeting he reiterated the fact
that they need to follow the legislative process established in the City and work
through the LRC so they can arrive at a well -considered policy decision on this
complex issue. He stated that the matter has now been taken up by LRC, and he
respects their decision to set a workshop on the matter as he feels it will help
them make a better policy decision.
City Attorney Penman stated that at the last meeting it was discussed that they
normally refer matters to LRC, and they would try to get an ordinance adopted
before the expiration of the current moratorium. He stated that he had been
informed that the City Manager's office was working on a workshop and trying to
get a moderator; however, last week they were informed by the City Manager's
office that they were having trouble locating a neutral moderator. When he
informed the City Manager that the Council needed to begin the process at the
August 20 Council meeting to stay within the Mayor's time parameters, he was
told that they could not possibly hold a workshop at that meeting. In order to try
to satisfy both the desire to get an ordinance on the books before the end of the
moratorium, and to refer to LRC, Mr. Penman stated that they came up with an
alternative motion that the Director of Development Services be directed to
initiate a Development Code Amendment to add Section 19.06.027 to the
Development Code and/or that the matter be referred to the Legislative Review
Committee.
26 08/20/2007
Mr. Penman stated that the Mayor's desire that the matter go to LRC is more
important than staying within that 45-day moratorium. He stated that he agreed
with the Mayor that it should be sent to LRC. He advised that they would not be
able to adopt an ordinance within the 45 days, because there would not be time,
but what they could do on September 17, which is the last day before the
moratorium expires, is extend the 45-day moratorium pursuant to Government
Code Section 65858 for up to an additional 10 months and 15 days. He stated
that that would enable the moratorium to remain in effect, which would give the
Council an opportunity to look at a variety of ordinances.
Mayor/Chairman Morris stated that he received approximately 25 speaker slips
on this item, and he urged those who came to the Council meeting to speak on
this subject today to consider coming to the workshop to discuss their concerns
about this issue. He stated that at that workshop they will have ample time as a
community to move forward with information gathered from a variety of sources
to make what he hopes will be some intelligent policy decisions for the City.
City Attorney Penman agreed with the Mayor, stating that it would probably be
better if the speakers came to the Legislative Review Committee meeting instead
of spending a lot of time here today.
Council Member/Commissioner Kelley stated that he was prepared to move form
Motion No. 2, that the matter be referred to the Legislative Review Committee.
Speaking as Chair of the LRC, he stated that they did have an opportunity to meet
and discuss this matter and it was his desire that a workshop be set —he welcomed
the opportunity to meet once the City Manager has secured a moderator so the
entire Council can provide their input and they can hear from the public.
Mayor/Chairman Morris stated that he thought the intent was to hold a workshop
with the entire Council present as opposed to the three -person Legislative Review
Committee.
Council Member/Commissioner Kelley stated that that was the intention so that
the entire Council could provide their input on this issue.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to a Council
workshop.
Council Member/Commissioner Brinker stated that this is a very complex issue
and so far they have been dealing with it in very limited terms. He stated that
they had a chance at their last Legislative Review Committee meeting to begin to
talk about some of the broader aspects of this issue, and he felt by bringing it
back at an informational meeting where they would have a chance to sit down in a
study session and really look at the complexity of the issue, they would be able to
27 08/20/2007
make a better decision. He stated that they keep talking about parolees, but it
really fits into the broader context of public safety. He stated that whatever they
do, there are about 40-50 parolees coming to our City every week and they're
going to keep coming every week.
Mr. Brinker stated that they could address just the issue of housing, but there is
also the issue of substance abuse-85 percent of these people return with a
substance abuse problem. He stated that they need to address the issue of jobs,
and ultimately, whatever decision they make, making the City safer needs to be
their priority. He stated that he worries that if they rush to make decisions, they
will have a lot of unintended consequences. Mr. Brinker stated that as they talk
about this issue of parolee housing, he's inclined to think that they need to have
some sort of housing and that they have to address that issue more thoroughly.
He stated that as a general principle, he doesn't believe that large group homes in
single-family neighborhoods is the right answer, but he doesn't know what the
right answer is.
Council Member/Commissioner Derry stated that several cities in our region
already passed similar ordinances. He stated that San Bernardino does have more
than its fair share of parolee population due to affordability issues. He stated that
we have to deal with the issue of demographics and other things that drive the
economy. He stated that you can only absorb so much of the parolee population
in any given city, and other cities do not have what he would consider their fair
share.
Mr. Derry stated that he didn't think anybody disagrees that they should be
helping or doing what they can to assist those parolees coming back to our City
who are originally from our City. They are our people and they've grown up in
our community, and we have a certain responsibility for them, but we now have
parolees from all over the Inland Empire and all over San Bernardino County that
are coming to San Bernardino. He stated that it has become very clear that the
State of California is not rehabilitating people —they haven't been for many
years —but the place where you're going to rehabilitate them is while they're still
in jail or prison where they're basically a population with very little to do except
to try to educate themselves and lift weights. He stated that he would like to get
rid of all the weight machines, and have a requirement that they work on their
education. He stated that he thought that would be a far more beneficial place to
do that rather than having them released into the communities where the
communities are then responsible for that education.
Council Member/Commissioner Baxter stated that they need to look at
employment —they need to get people to work in the City of San Bernardino and
that includes both parolees and non -parolees. However, there is the issue of
people feeling safe in the City and both sides need to be balanced out.
28 08/20/2007
Council Member/Commissioner Estrada stated that this is a community of over
200,000 people, so the fact that we have a larger number of parolees is
attributable to the fact that this is a much larger community.
Council Member/Commissioner McCammack stated that she agreed with Mr.
Derry in that she believed the ordinance the way it is written is acceptable and
appropriate for what they do deal with, but she didn't see any reason this Council
could not adopt both motions. She stated that it was specifically written that way
so that they could at least get moving on getting the problem solved, and if this
body determines that there is some deviation from this ordinance during the
workshop, they could certainly make an amendment.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Derry, that the Director of Development
Services be directed to initiate a Development Code Amendment to add Section
19.06.027 to the Development Code; and that the matter be referred to a Council
workshop.
Council Member/Commissioner McCammack requested that they be given
something concrete to act upon at the next workshop. She stated that her concern
is if they don't act, they will be infiltrated with parolee housing that they will not
be able to control.
Council Member/Commissioner McCammack withdrew her substitute motion.
City Attorney Penman stated that he hoped the Council would extend the
moratorium on September 17, 2007, and keep it in effect until such time as they
make a final decision on which ordinance they want. He stated that they didn't
have to extend the moratorium the full 10 months and 15 days.
Mayor/Chairman Morris suggested that anyone wanting to be notified of the date
and time of the workshop should complete a speaker slip.
Mayor/Chairman Morris called for a vote on the original motion made by Council
Member/Commissioner Kelley, seconded by Council Member/Commissioner
Brinker, that the matter be continued to a Council workshop, at a date and time to
be determined by the City Manager.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
29 08/20/2007
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City
Clerk Clark, Economic Development Agency Executive Director Pacheco and Special
Counsel Sabo. Absent: None.
R51. Presentation of Urban Land Institute (ULI) Recommendations and Findings -
Downtown Central Business District
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council ("Council")
and Community Development Commission of the City of San Bernardino
("Commission") receive the Urban Land Institute (ULI) Summary Presentation of
June 29, 2007, on San Bernardino's Central Business District ("Downtown") and
direct staff to evaluate the ULI recommendations and develop implementation
strategies in collaboration with the County of San Bernardino for review and
approval by the Council and Commission within 90 days from the date of this
action.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
52. RES. 2007-365 - Resolution of the Mayor and Common Council of the City
of San Bernardino in support of AB 844 to prohibit junk dealers or recyclers
from providing payment for nonferrous material, as defined, unless, except
as specified, the payment is made by check.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-365 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
53. Public Comments
Chelsea Lock, 3238 Roberds Avenue, San Bernardino, CA, asked the Council to
quit arguing and do something about the issue of sex offenders and criminal group
homes.
Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, stated that she
was shocked to witness last week's Council meeting which was a smack down of
30 08/20/2007
each other's characters and abilities. She asked that they try harder to recognize
that children are watching them and want to emulate what they see.
Michelle Freeman, 2910 N. Mountain View Avenue, San Bernardino, CA,
stated that she was thankful she had a place to go when she got out of prison. She
stated that they have to go somewhere, but who is to say what is safe and where.
Demetrius Sims, San Bernardino, CA, requested that the Mayor and Council
look into the issue of homelessness of mentally ill people in the City.
Reverend Vines, 2662 N. "E" Street, San Bernardino, CA, stated that they have
been waiting for seven months for a letter of agreement relative to the garden at
Anne Shirells Park. He stated that they want to move forward with the project
and they need the Memorandum of Understanding. He asked if that process
could be expedited.
James Smith, P.O. Box 3192, San Bernardino, CA, spoke about an article that
appeared in the newspaper regarding a historical building on the west side of the
City —Casa Ramona. He indicated that Casa Ramona has gone through a
tremendous financial strain over the last 10-15 years, and stated that he would
appreciate receiving any information that Councilwoman Estrada or any of the
board members could share with the Historical Preservation Commission so that
they might be able to help them in the preservation of that historic building.
Charles Greenwood, City employee, stated that there is a lot of
misrepresentation going on in not following the rules and regulations of their
MOU. He stated that several of the probationary employees are being intimidated
by management. He stated that they are under stress and are overworked, and
it's not a good working environment right now. Mr. Greenwood stated that
something had to be done about this problem.
The following individuals spoke regarding an incident of police brutality and
racism that occurred during a vigil that was being held for Charles Marshall
who died as the result of a shooting that took place at the Dorjil Estates on
August 18, 2007:
Diane McKenzie, 1864 Bradley Court, San Bernardino, CA;
Rashawn Wilson, 1863 Bradley Court, San Bernardino, CA;
Dhani Olive, 1864 Bradley Court, San Bernardino, CA;
Ne Ne McKenzie, 1864 Bradley Court, San Bernardino, CA;
Tommy H. Nelson, 1863 Bradley Court, Apt. C, San Bernardino, CA;
Trina Newman, 1863 Bradley Court, Apt. D, San Bernardino, CA;
Judith Little, 1863 Bradley Court, Apt. D, San Bernardino, CA.
31 08/20/2007
Chief Billdt stated that he was aware of this incident and had already assigned
Internal Affairs to investigate the matter.
The following individuals spoke regarding parolees and group homes and the
homeless:
Kim Carter, San Bernardino, CA;
Shamim McGee, 3372 N. Wall Avenue, San Bernardino, CA;
Chante Walls, San Bernardino, CA;
Beverly Smith, 1064 N. "D" Street, San Bernardino, CA;
Ellen Timothy, San Bernardino, CA.
54. Adjournment
At 6:56 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1:30 p.m., Tuesday, September 4, 2007, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 54
No. of Hours: 5.5
RACHEL G. CLARK
City Clerk
ByY4�s:r.Lt.LI1L-Q-�
Linda Sutherland
Deputy City Clerk
32 08/20/2007