HomeMy WebLinkAbout12-03-2007 MinutesMayor Patrick J. Morris
CITY OF SAN BERNARDINO Council Members:
300 N. `D "Street Esther Estrada
Dennis J. Baxter
San Bemardino, CA 92418 Tobin Brinker
Website: www.sbcity.org Neil Derry
Chas Kelley
Wkrvar Rikke Van Johnson
Wendy McCananack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 3, 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 1:38 p.m., Monday, December 3, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by Assistant City Clerk Medina with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley; City Attorney Penman, Assistant City Clerk Medina, City Manager
Wilson. Absent: Council Members/Commissioners Johnson, McCammack
Council Member/Commissioner Johnson Arrived
At 223 p.m., Council Member/Commissioner Johnson arrived at the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Alvarez & Associates, et al. v. City of San Bernardino, et al. - United
States District Court Case No. 00-03048 PA (Rcx);
Holcomb Pearly v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 142385;
1 12/03/2007
Christopher Zimmerer v. City of San Bernardino, et al. - United States
District Court Case No. CV 07-4072 ER (VBKx);
Sibauste, Amanda Marie v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 142129;
Vargas, Mary Louise, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 06-1402 VAP QCRx).
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:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
Fire Fighters Association Local No. 891
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
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Moment of Silence
Mayor Morris extended condolences to the family and requested a moment of silence in
memory of John Knabenbauer, a Caltrans Maintenance Equipment Operator, who was
hit by a vehicle while performing maintenance tasks on I-215 in San Bernardino.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Fred Adams, Pastor of The Rock Church,
followed by the pledge of allegiance, led by Diamontae Nickson of Ramona Alessandro
School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
The Pacific High School Jazz Ensemble, directed by C. Diane Trotter,
presented a brief performance of holiday music.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
6. 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 November 19, 2007, from
Barbara Pachon, Director of Finance, be approved.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
7. 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 November 27, 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. Nays:
None. Absent: Council Member/Commissioner McCammack.
8. ORD. MC-1260 — 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. FINAL READING
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted.
Ordinance No. MC-1260 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Nays:
Council Member/Commissioner Derry. Absent: Council Member/
Commissioner McCammack.
9. RES. 2007-461 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a professional services
agreement between Mundell, Odlum & Haws and the City of San
Bernardino in the case of Michael Desrochers and Steve Lowes v. City of San
Bernardino, et al.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-461 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
10. Item Deleted
4 12/03/2007
11. Approve Local Appointments List per Maddy Act
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council approve
the Local Appointments List of all regular and ongoing boards, commissions,
and committees and direct that the City Clerk send a copy of the List to the
Feldheym Library for posting pursuant to Government Code Section 54973.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
12. RES. 2007-462 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, reciting the facts of the Primary Municipal
Election held on the 61e day of November 2007, declaring the results thereof
and setting forth such other matters as are allowed by law.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-462 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
13A. RES. 2007-470 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution 2005-363 to include the use of a
City Register of Historical and Architecturally Significant Properties for the
purposes of Mills Act Eligibility.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-470 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
13B. RES. 2007-471 - Resolution authorizing the execution of a Mills Act
Preservation Agreement with Mark D. Valadez, and adding 980 W.
Edgemont Dr. to the Official City Register of Historical and Architecturally
Significant Places.
Joe Ortiz, 387 West 25' Street, San Bernardino, CA, stated that in August
1989 the Council approved the designation of the 300-400 blocks of West 25'
Street as a historical neighborhood site. However, on November 10 of this
year, the three signs placed in their neighborhood regarding this historical
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designation were stolen. Two weeks later, on November 26, there was a theft
of signs at the Campo Santo Memorial Park, which is about a half block from
his neighborhood. He stated that possibly this might not have happened if the
City had a graffiti task force on the streets in and around that area.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-471 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
14. ORD. MC-1261 - An Urgency Ordinance of the City of San Bernardino
amending Sections 15.04.010, 15.04.020, 15.04.065, 15.04.070, 15.04.075,
15.04.100, 15.04.110, 15.04.114, 15.04.120, 15.04.125, 15.04.130,
15.04.163, 15.04.165, 15.04.167, 15.04.175, 15.04.179, 15.04.180,
15.04.200, 15.04.210, 15.04.220, 15.04.221, 15.04.222, 15.04.223,
15.04.225, 15.04.230, 15.04.250, 15.10.040, 15.10.060, 15.10.080, 15.74.010
and repealing Sections 15.04.055, 15.04.077, 15.04.084, 15.04.105,
15.04.116, 15.04.117, 15.04.118, 15.04.119, 15.04.133, 15.04.177,
15.04.250, 15.12.010 of the San Bernardino Municipal Code and adopting
by reference the 2007 Edition of the California Building Standards Code,
known as the California Code of Regulations, Title 24 (CCR, T-24),
incorporating the International Building Code, 2006 Edition, the Uniform
Mechanical Code, 2006 Edition, the Uniform Plumbing Code, 2006 Edition,
the National Electrical Code, 2005 Edition; and adopting the Uniform
Housing Code, 1997 Edition, the Uniform Administrative Code, 1997
Edition; the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, and amending those California Building Standards as identified
herein, through express findings of local necessity, and declaring the
urgency thereof and taking effect on January 1, 2008. URGENCY
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said urgency ordinance be adopted.
Ordinance No. MC-1261 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
15. An Ordinance of the City of San Bernardino amending Sections 15.04.010,
15.04.020,
15.04.065,
15.04.070,
15.04.075,
15.04.100,
15.04.110,
15.04.114,
15.04.120,
15.04.125,
15.04.130,
15.04.163,
15.04.165,
15.04.167,
15.04.175,
15.04.179,
15.04.180,
15.04.200,
15.04.210,
15.04.220,
15.04.221,
15.04.222,
15.04.223,
15.04.225,
15.04.230,
15.04.250,
15.10.040,
15.10.060,
15.10.080, 15.74.010 and
repealing
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Sections 15.04.055, 15.04.077, 15.04.084, 15.04.105, 15.04.116, 15.04.117,
15.04.118, 15.04.119, 15.04.133, 15.04.177, 15.04.250, 15.12.010 of the San
Bernardino Municipal Code and adopting by reference the 2007 Edition of
the California Building Standards Code, known as the California Code of
Regulations, Title 24 (CCR, T-24), incorporating the International Building
Code, 2006 Edition, the Uniform Mechanical Code, 2006 Edition, the
Uniform Plumbing Code, 2006 Edition, the National Electrical Code, 2005
Edition; and adopting the Uniform Housing Code, 1997 Edition, the
Uniform Administrative Code, 1997 Edition; the Uniform Code for the
Abatement of Dangerous Buildings, 1997 Edition, and amending those
California Building Standards as identified herein, through express findings
of local necessity. FIRST READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
16. RES. 2007-472 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Nikola Construction Corporation
dba Nikola Corporation for the sewer and street improvements, Cedar
Street from Baseline Street to Gilbert Street, Canyon Road from Baseline
Street to Gilbert Street, Wallace Court from Richardson Street to east end,
24' Street from "G" Street to "H" Street (SW07-02, SW07-01, SW06-01,
& SW06-09), per Project Plan No. 11868.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-472 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
17. Resolutions authorizing the execution of a right of way easement for a
portion of Northpark Boulevard, south of Campus Parkway; an easement
for traffic signals and handicap ramps at Northpark Boulevard and Sierra
Drive; an easement for landscape maintenance along the northwesterly side
of Northpark Boulevard, south of Campus Parkway; and an Acceptance of
an Assignment of an Agreement and Grant of Easement for the area
southerly of Campus Parkway and northwesterly of Northpark Boulevard,
all from California State University
7 12/03/2007
RES. 2007-463 - Resolution of the City of San Bernardino authorizing and
directing the execution of acceptance of a grant of easement from the
trustees of the California State University for the realignment of Northpark
Boulevard right of way, southerly of Campus Parkway. (17A)
RES. 2007-464 - Resolution of the City of San Bernardino authorizing and
directing the execution of acceptance of a grant of easement from the
trustees of the California State University for traffic signals and handicap
ramp at Northpark Boulevard and Sierra Drive, a private street, northerly
of Ash Street. (17B)
RES. 2007465 - Resolution of the City of San Bernardino authorizing and
directing the execution of acceptance of a grant of easement from the
trustees of the California State University for landscape installation and
maintenance, generally located along the northwesterly side of Northpark
Boulevard, southerly of Campus Parkway. (17C)
RES. 2007-466 - Resolution of the City of San Bernardino authorizing and
directing the execution of acceptance of an assignment from Park -
University, LLC of an agreement and grant of easement from the trustees
of the California State University to Park -University, LLC for landscape
installation and maintenance generally located along the northwesterly side
of Northpark Boulevard, southerly of Campus Parkway. (17D)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolutions A-D, be adopted.
Resolution Nos. 2007-463, 2007-464, 2007-465 and 2007-466 were adopted by
the following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
18. Approval of FY 2006/07 Continuing Appropriations and Encumbrance
Carryovers into FY 2007/08
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Council approve carrying
over the listing of FY 2006/2007 Continuing Appropriations and Encumbrances
into FY 2007/2008 attached to the Staff Report dated 12/3/07 from Barbara
Pachon, Director of Finance.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
8 12/03/2007
19. Establish salaries for Police Department Ranges P-4, P-5, P-6 & P-7,
effective August 1, 2007
Joe Ortiz, 387 West 25' Street, San Bernardino, CA, suggested that the
Council take some of the money being saved for the future hiring of the 40
police officers and use it for a graffiti task force.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the salaries for the Police Department
Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), and P-7
(Police Chief) be established, effective August 1, 2007; that the Human
Resources Department be authorized to amend Resolution No. 6429 to reflect
the above action; and that the Director of Finance be authorized to amend the
FY 2007-08 budget by increasing the Police Department General Fund budget
for Charter 186 costs by transferring $158,000 from the General Government
budget in Account No. 001-092-5011 to the appropriate Police Department
Divisions budget accounts and also make the appropriate adjustments to the
various Police Grants as allowed by the Grants.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
20. Establish salaries for Fire Department Ranges P-1, P-2, P-3 & P-4, effective
August 1, 2007
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the salaries for Fire Department Ranges P-1
(Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), and P-4 (Fire
Investigator/Captain) be established, effective August 1, 2007; that the Human
Resources Department be authorized to amend Resolution No. 6429 to reflect
the above action; and that the Director of Finance be authorized to amend the
FY 2007/08 budget by increasing the Fire Department General Fund budget for
Charter 186 costs by transferring $999,300 from the General Government
budget in Account No. 001-092-5011 to the appropriate Fire Department budget
accounts.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
9 12/03/2007
21. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to issue an annual
purchase order to Galls, Inc. to provide employee uniforms during FY
2007-08 in an amount not to exceed $50,000 with two renewals at the City's
option.
Note: The resolution was not distributed with the backup materials.
Mayor/Chairman Morris advised that staff had requested that this item be
continued to December 17.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of December 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
22. RES. 2007-467 - A Resolution of the Mayor and Common Council
authorizing the execution of an agreement and issuance of a purchase order
to Ironman Parts & Services of Corona pursuant to Section 3.04.010-113 of
the Municipal Code, for eight diesel particulate filters to be installed on
eight refuse trucks, per the California Air Resources Board (CARB)
regulations.
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 Fleet budget to
appropriate $77,500 into Account No. 635-341-5173, Outside Vehicle
Maintenance, and to make the corresponding adjustments in the Refuse Fund.
The motion carried and Resolution No. 2007-467 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
23. Item Deleted
24. A Resolution of the Mayor and Common Council authorizing the execution
of an agreement and issuance of a purchase order to Redlands Auto Center
pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of
one right hand drive Jeep Wrangler to be utilized by the Facilities
Department Parking Control Division.
10 12/03/2007
Note: The resolution was not distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
25. RES. 2007-468 - A Resolution of the Mayor and Common Council
authorizing the execution of an agreement and issuance of a purchase order
to Chaparral Motorsports of San Bernardino pursuant to Section 3.04.010-
B3 of the Municipal Code for the purchase of three (3) 2007 Honda
ST1300P Police Motorcycles to be utilized by the Police Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-468 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
26. RES. 2007-473 - A Resolution of the Mayor and Common Council
authorizing the execution of an agreement and issuance of a purchase order
to Turf Star, Inc. pursuant to Section 3.04.010-113 of the Municipal Code
for the purchase of four (4) GM7200 72" Toro Riding Mowers to be utilized
by the Parks and Recreation Department.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-473 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
27. RES. 2007-469 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Fourth Amendment to the Waste
Delivery Agreement between the County of San Bernardino and the City of
San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
11 12/03/2007
Resolution No. 2007-469 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
28. RES. 2007-474 - Resolution of the Mayor and Common Council of the City
of San Bernardino restricting parking at the locations, days and times
specified on Attachment "A" for the purposes of a street sweeping pilot
program.
Council Member/Commissioner Estrada asked what the cost would be for an
infraction or violation of the parking restrictions.
When Mr. Wilson advised that it would be $30, Ms. Estrada responded that it
should be higher —that $30 was nothing for some of these truckers.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-474 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
29. Appeal hearing - regarding the denial for application for permit for
Massage Parlor - "Mini -Day Spa" - Herlinda Montenegro (Continued from
November 19, 2007)
The hearing remained open.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that the Mayor
and Common Council uphold the decision of the Chief of Police and adopt his
letter of October 23, 2007, as its findings and conclusion, based upon the back-
up information submitted and any additional evidence presented at the hearing.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
30. Initiation of a Development Code Amendment regarding Parolee Group
Homes and Residential Care Facilities (Continued from November 19, 2007)
12 12/03/2007
An Ordinance of the City of San Bernardino amending the San Bernardino
Municipal Code (Development Code), to allow group homes and residential care
facilities for parolees in non-residential and non-commercial land use districts
subject to a conditional use permit. The CH (Commercial Heavy) Land Use
Districts may also be considered to allow parolee group homes and residential
care facilities subject to a conditional use permit.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley. Nays: Council Members/
Commissioners Baxter, Johnson. Absent: Council Member/Commissioner
McCammack.
31. Luncheon Workshop - EDA Boardroom - Senator Robert Dutton
Senator Dutton's office notified the City Manager's office that he would not be
able to make the scheduled workshop; therefore, the workshop was cancelled
and no future date was specified.
32. Draft Memorandum of Understanding with the County of San Bernardino
to provide assistance to the City of San Bernardino, Operation Phoenix
Eastern Area
Note: No Staff Report was included in the backup materials.
Mayor/Chairman Morris advised that this document was still a work in progress
and a continuance had been requested by staff.
City Attorney Penman stressed the importance for all departments to try and get
their legal documents to the City Attorney's office in a timely manner for the
regularly scheduled Council meetings. He stated that this was particularly
important when dealing with large corporations, or another government entity
such as the County. He stated that his office prefers to draft the agreements —
that when other entities draft them they tend to draft them in a manner favorable
to themselves. Also, when it's an important City program such as Operation
Phoenix, the earlier they can ascertain what it is that our staff and elected
officials want in the memo, the sooner they can get a good document drafted.
Council Member/Commissioner Kelley requested that the backup materials from
two weeks ago be included in the backup materials when this item comes back
to the Council.
13 12/03/2007
Mayor/Chairman Morris stated that relative to the issue of parolee reentry and
the workshop regarding same, he intends to appoint an ad hoc committee on
parolee reentry comprised of three members of the Common Council and the
Mayor. Also, he has asked Judge Tara Reilly if she would share in it as an
uninvolved third party, and she said she -would act as a convener. He stated that
once the committee convenes, it may choose to include other members, as may
be appropriate. He stated that he envisioned the committee as having several
stated purposes —one being to review the desirability for the possible CUP that
they have just been discussing for secure parolee reentry facilities; also to keep
abreast of the efforts of the State and the County regarding parolee reform and
reentry, and to study and make recommendations to the Council on appropriate
opportunities for the City to work with the State and the County, or other
partners, to improve parolee and probationer reentry into our community.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of December 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
COMMUNITY DEVELOPMENT COMMISSION
R33. Public hearing - Midterm Review and Amendment of the Five (5) Year
Implementation Plan 2004-2009 for the Agency's eleven (11) redevelopment
project areas and IVDA Redevelopment Project Area (Housing Component)
Resolution of the Community Development Commission of the City of San
Bernardino adopting the Redevelopment Agency of the City of San
Bernardino's ("Agency") Midterm Review and Amendment of the Five (5)
Year Implementation Plan 2004-2009 for the Agency's eleven (11)
redevelopment project areas (Central City North, Central City West, State
College, Southeast Industrial Park, Northwest, Tri-City, South Valle,
Uptown, Mt. Vernon Corridor, 40te Street, Central City Projects Merged -
comprised of Central City East, Central City South, Meadowbrook and
Central City Projects) and the Inland Valley Development Agency
("IVDA") Redevelopment Project Area (Low -Moderate Income Housing
Component).
Note: No backup materials were distributed.
14 12/03/2007
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of December 17, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
34. Public Comments
Joe Ortiz, 387 West 25' Street, San Bernardino, CA, spoke regarding the large
number of parolees sent to our city and the problems associated with their
reentry into society.
Anthony Garacci, 966 N. Crescent Avenue, San Bernardino, CA, spoke
regarding the parolee issue and the fact that everyone needs to be working
together on this problem.
Tierney Harris, 2025 Sunrise Lane, #4, San Bernardino, CA, stated that San
Bernardino is not renter friendly and spoke about the harassment she has been
experiencing from her landlord since complaining about the many code
violations in her unit.
35. Adjournment
At 4:45 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, December 17, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 35
No. of Hours: 3.25
RACHEL G. CLARK
City Clerk
By: . 'e"I' e '&Zz/
Linda E. Hartzel
Deputy City Clerk
15 12/03/2007