HomeMy WebLinkAbout06-Council Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Pt1trick J. Morris
CoWJdl M,,,,",,,,
Esther Estrada
DIJIIlis J. Baxter
Tobin Brinker
". Ward - Vacant
Chas Kelley
RiIrke Van Johnson
Wendy McCammlJck
~
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 17,2009
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 1:42 p.m., Tuesday, February 17, 2009, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
RoD CaD
Present:
Mayor/Chairman Morris; Council Members/Commissioners Baxter,
Brinker, Kelley, Johnson, McCammack; City Attorney Penman, Interim
City Manager Weinberg, City Clerk Clark.
Absent:
Council Member/Comrnissioner Estrada.
Vacant:
Fourth Ward
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
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Koster v. San Bernardino City Fire Department, et al. - San Bernardino
County Superior Court, Case No. SCVSS 811048;
Frank InJl:ram, III, et al. Y. City of San Bernardino, et al. - United States
Court of Appeals, Case No. 07-56616;
Daves, Edward, as an Ind., et al. v. City of San Bernardino, et al. - San
Bernardino County Superior Court, Case No. CIVSS 815804;
WeisenberJl:er, et al. Y. City of San Bernardino - San Bernardino County
Superior Court, Case No. SCVSS 134901;
Lucila Shaver Y. City of San Bernardino - San Bernardino County
Superior Court, Case No. CIVSS 800043.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdiyision (b) (1), (2), (3) (A-F) of
Goyernment Code Section 54956.9:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Goyernment Code Section
54956.9:
City of San Bernardino Y. California State Uniyersity
D. Closed Session - personnel - pursuant to Goyernment Code Section
54957:
Chief of Police
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.
Fire Safety Unit
Police Safety Unit
Police Management Unit
Management/Confidential
Mid-Management Unit
General Unit
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G. Conference with real property negotiator - pursuant to Goyemment Code
Section 54956.8:
5'" Street and Meridian Avenue Project
1.
Property Address:
Ne~otiatin~ Parties:
Under Ne~otiation:
2.
Property Address:
Ne~otiatin~ Parties:
Under Ne~otiation:
3.
Property Address:
Ne~otiatin~ Parties:
Under Ne~otiation:
2624 West 511I Street
APN: 0142-522-25
Emil A. Marzullo, Interim Executiye
Director, on behalf of the
Redeyelopment Agency, and the
principal agent for Downey Sayings
& Loan.
Purchase price, loan terms and
conditions.
2643 West 511I Street
APN: 0142-522-12
Emil A. Marzullo, Interim Executiye
Director, on behalf of the
Redeyelopment Agency, and the
principal agent for Bank of NY
Mellon.
Purchase price, loan terms and
conditions .
2657 West 511I Street
APN: 0142-522-11
Emil A. Marzullo, Interim Executive
Director, on behalf of the
Redeyelopment Agency, and the
principal agent for Soundyiew
Financial Group.
Purchase price, loan terms and
conditions.
Following closed session, City Attorney Penman announced that the following
additional items were discussed in closed session:
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02117/2009
San Bernardino City Professional PirefilUlters, Local 891 v. City of San
Bernardino; San Bernardino Pire Department, et al. - San Bernardino
Superior Court Case No. CIVSS 807685;
Under Agenda Item No. IB, significant exposure to litigation, the Council voted
to retain Attorney Jim Odium in a potential lawsuit inyolYing furloughs:
San Bernardino Police Officers Association Y. City of San Bernardino.
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.
Moment of Silence
Mayor Morris extended condolences to the family and requested a moment of silence in
memory of Guillermo "Lupe" Gutierrez.
InvocationIPledge of Allegiance
The inyocation was given by Sister Mary Prances Coleman of the Diocese of San
Bernardino. The pledge of allegiance was led by Council Member/Commissioner
Baxter.
2. Appointments
There were no commission appointments.
3. Presentations
Council MemberlCommission Baxter presented the Citizen of the Month award to
Robert Rego.
Mayor/Chairman Morris presented the Student of the Month Award to Daniel
Ortiz, an 8th grade student at Curtis Middle School.
The following indiyidual was presented a seryice pin award by Mayor/Chairman
Morris in recognition of his many years of dedicated service to the City:
Name
Anthony Zamora
Department
Pire
Years of Seryice
25
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4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representatiye from the Chamber of Commerce regarding
various ciyic, community, and chamber eyents and actiyities.
5. Waive Fun Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waiyed. The motion carried
unAnimously with Estrada absent and the Fourth Ward vacant.
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the minutes of the following
meeting(s) of the Mayor and Common CouncillCommunity Deyelopment
Commission of the City of San Bernardino be approved as submitted in
typewritten form: January 20, 2009. The motion carried unAnimously with
Estrada absent and the Fourth Ward vacant.
7. Claims & Payroll
Council MemberlCommissioner Baxter made a motion, seconded by Council
MemberlCommissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated February 3, 2009, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unAnimously with Estrada absent and the Fourth Ward vacant.
8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council MemberlCommissioner Brinker, that the personnel actions, as submitted
by the Chief Examiner, dated February 11, 2009, in accordance with Ciyil
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
nnAnimously with Estrada absent and the Fourth Ward vacant.
9. Authorize the Director of Development Services to execute Contract Change
Order No. One with KaIban, Inc. for the construction of ADA access and
sidewalks at various locations (SS-B 2007-08), per Project Plan No. 12295
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Paul Sanborn, 3559 Geneyieye, San Bernardin~, CA, spoke in support of the
project.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Director of Development
Services be authorized to execute Contract Change Order No. One with Kalban,
Inc. for the construction of ADA access and sidewalks at yarious locations (SS-B
2007-08), per Project Plan No. 12295. The motion carried unanimously with
Estrada absent and.the Fourth Ward vacant.
10. Authorize the Director of Development Services to execute Contract Change
Order No. Two.with Hillcrest Contracting, Inc. for Street Improvements and
Beautification Project on Victoria Avenue from 28lb Street to Lynwood Drive
(SS05-25), per Project Plan No. 11619
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Deyelopment Seryices be
authorized to execute Change Order No. Two with Hillcrest Contracting, Inc. in
the amount of $359,557.32 for Street Improvements and Beautification Project on
Victoria Ayenue from 28'" Street to Lynwood Drive (S505-25), per Project Plan
No. 11619. The motion carried unanimously with Estrada absent and the
Fourth Ward vacant.
11. RES. 2009-26 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving State Street Overhead Lighting Agreement with
the County of San Bernardino for maintenance of additional lights for the
University Parkway Grade Separation Project (CIP SS04-52).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-26 was adopted unanimously with Estrada absent and the Fourth Ward
vacant.
12. RES. 2009-31 - Resolution of the City of San Bernardino approving
Amendment No. 4 to Services Agreement with Jones & Stokes for provision
of professional environmental services for the design of the Mt. Vernon Ave.
Viaduct over the BNSF Railroad.
Paul Sanborn, 3559 Geneyieye, San Bernardino, CA, stated that the City should
try to get money from the Federal Goyernment to cover the costs of repairing the
bridge.
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02/17/2009
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-31 was adopted unanimously with Estrada absent and the Fourth Ward
vacant.
13. RES. 2009-27 - Resolution of the Mayor and Common Council of the City of
San Bernardino to authorize execution of Amendment No.1 to the Vendor
Services Agreement with All City Management Services to provide crossing
guard services at Victoria Elementary School in the City of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Finance Director be authorized to transfer funds from Account No. 001-217-5014
(Part-time Salaries) to Account No. 001-217-5505 (Other Professional Services)
to pay for the services rendered. The motion carried and Resolution No. 2009-
27 was adopted unanimQusly with Estrada absent and the Fourth Ward
vacant.
14. RES. 2009-32 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and increase to
Purcbase Order Number 209512 by $66,700 to Matich Corporation for the
purchase of asphalt materla1s for street repairs.
City Attorney Penman declared a conflict due to the fact that he has receiyed
campaign contributions from Matich Corporation.
Paul Sanborn, 3559 Geneyieve, San Bernardino, CA, offered to show the City's
street crews the correct way to repair potholes.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-32 was adopted unanimously with Estrada absent and the Fourth Ward
vacant.
15. RES. 2009-28 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a new agreement and issuance of
a new purchase order in the amount of $100,_ to Tree Elements,
Incorporated for additional tree trimming services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2008/09 Adopted Capital Improyements Program Budget and
transfer $100,000 from Account No. 129-367-5504-7541 (Del RosalLynwood
Dr.lSterling Aye.) to Account No. 129-367-5502-XXXX (Miscellaneous Street
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fYl/17/2009
Tree Trimming); and that said resolution be adopted. The motion carried and
Resolution No. 2009-28 was adopted unanimously with Estrada absent and
the Fourth Ward vacant.
16. RES. 2009-29 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order in the amount of $81,300 to Geo-Cal Incorporated of San
Bernardino for the purchase and installation of a vapor recovery system for
the City's gasoline fuel island as required by AQMD Rule 461.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2009-29 was adopted unanimously with Estrada absent and the Fourth Ward
vacant.
17. Appeal hearing regarding the City Clerk's determination of ineligibility for
San Bernardino High School to operate 8 nreworks stand in 2009
Council Member/Commissioner Kelley made a motion, seconded by Council
MemberlCommissioner Baxter, that the matter be continued to the Councill
Commission meeting of March 2, 2009. The motion carried unanimously with
Estrada absent and the Fourth Ward vacant.
18. Budget Workshop (Continued from February 2, 2009)
The following documents were distributed:
. Interoffice memo dated February 17, 2009, frorn Mark F. Weinberg,
Interim City Manger, to the Mayor and Common Council regarding
Update to Exhibit 1 - City Manager's Budget Strategy;
. City Manager's Modified Budget Strategy - Exhibit 1
. The Budget Challenge: City of San Bernardino (hard copy of the
PowerPoint presentation made at the beginning of the meeting by Mark
Weinberg, Interim City Manager)
. Interoffice memo dated February 13, 2009, from Jamie J. Cimino,
Administrative Analyst, to James F. Penman, City Attorney regarding
Administrative Ciyil Penalties' Citation Totals;
. Interoffice memo dated February 17,2009, from James F. Penman, City
Attorney, to the Mayor and Common Council concerning Opinion Re
Borrowing from Enterprise Funds.
Interim City Manager Weinberg addressed Council MemberlCommissioner
Kelley's suggestion that they start to look at a more robust strategic plan for
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restoring the City's fiscal health oyer the long term by looking at a yariety of
strategies including divesting the City of some assets that could be helpful in
strengthening the reserve.
City Attorney Penman stated that he was concerned that Section 186 of the City's
Charter precluded the City from imposing furloughs on the Police Department.
He stated that his office was researching the issue and would get a second opinion
from Jim OdIum. He adyised that the Police Union had made a threat that if the
furloughs were employed they would seek a court order; therefore he adyised the
Council to wait until they haye had an opportunity to hear Mr. OdIum's
assessment of the likelihood of success or failure if this matter is challenged.
David Kennedy, City Treasurer, stated that eyery day the City is in operation, it
is spending more money than it is taking in-$1.5 million per month or $50,000
per day. He encouraged the Mayor and Council to reach a decision soon.
Cheryl Brown, San Bernardino, CA, stated that the City needs help from
employees to bolster the City's tax base.
Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, spoke against the
proposed closure of the Fifth Street Senior Center, the Center for Indiyidual
Deyelopment (CID), and the proposed cuts in the Police and Fire Departments.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the proposed
cuts in the Police Department should equal the proposed cuts in Parks, Recreation
& Community Services. He stated that if the City shuts down the parks he has no
doubt the youth in this community will find other forms of recreation such as
gangs and drugs.
C Patience Summers, 868 E. Rialto Ayenue, San Bernardino, CA, spoke in
opposition to the proposed cuts in the police department and the proposed closure
of the community centers.
Mayra Ferrer, 9154 Locust Avenue, Fontana, CA, spoke in opposition to the
proposed closure of the Nicholson Community Center.
Adriel Guitron, 25866 Pumalo Street, San Bernardino, CA, spoke in opposition
to the proposed closure of the GalaxylNorton Recreation Center.
Angela Saunders, P. O. Box 523, Norco, CA, President of the Friends of
Dorothy Inghram Library, submitted a petition containing oyer 1,700 signatures
requesting that the Mayor and Common Council continue funding the libraries
and that they not consider even a temporary closure of the branch libraries.
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00/17/2009
Phil Yeh, P. O. Box 750, San Bernardino, CA, presented a proposal to bring
national attention to the City of San Bernardino by promoting icons like Dorothy
Inghram in order to raise money to keep the libraries open.
Celestine Rayford, 2554 W. Poplar Street, San Bernardino, CA, spoke in
opposition to the closure of the Dorothy Inghram Library and the Westside
Community Center.
David McCammack, 634 E. Parkdale Driye, San Bernardino, CA, spoke in
opposition to the closure of the libraries.
Samuel Will;am~, 1930 W. College Ayenue, #86, San Bernardino, CA, asked
that all recreation centers and branch libraries remain open, especially the
Dorothy Inghram Branch Library.
Alex Avila, P. O. Box 2051, San Bernardino, CA, stated that the proposed
budget is wrong and will hurt a lot of people.
Jerry Zuniga, Refuse Division employee, stated that he didn't get a pink slip, but
his wife did. He commented that he has worked for the City for oyer 20 years
and he has seen a lot of things that haye been going on for years that could be
changed.
Debbi Matley, 380 W. 17th, San Bernardino, CA, stated that she has concerns
with the City's budget. She wanted to know what happened to the Measure Z
funds, and asked why the City did not renew the contract with Los Padrinos.
Joe Arnett, 1681 Echo, San Bernardino, CA, spoke regarding his candidacy for
the Fourth Ward Council seat.
John Valdivia, 4533 Geneyieve Lane, San Bernardino, CA, spoke regarding his
candidacy for the Fourth Ward Council seat.
Charles Greenwood, a Refuse Division employee, spoke in opposition to the
proposed cuts in the Refuse and Police Departments.
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The following individuals spoke in opposition to the proposed budget cuts in
the Police Department:
Paul W. Sanborn, 3559 Geneyieye, San Bernardino, CA;
Steve Turner, 1299 N. "E" Street, San Bernardino, CA;
David Green, 1299 N. "E" Street, San Bernardino, CA;
Marci Atkins, 710 North "D" Street, San Bernardino, CA,
William Spiller, 710 N. "D" Street, San Bernardino, CA;
SbaUDa Bragg, 710 N. "D" Street, San Bernardino, CA;
Mike Reynolds, SBPOA, San Bernardino, CA;
Richard Everett, 710 N. "D" Street, San Bernardino, CA;
Joshua Cogswell, 710 N. "D" Street, San Bernardino, CA,
Raul Sandoval, 3311 Sepulveda Avenue, San Bernardino, CA.
The following individuals spoke in opposition to the proposed closure of the
eID:
Tamara llattis, 1233 Priar Lane, Red1ands, CA;
Trodi Moe Roser, 18739 Mojaye Street, Hesperia, CA;
Fannie Lang Sanders, 26125 23rd Street, Highland, CA;
Jaclde Wolff, 1434 Colorado, San Bernardino, CA;
Slim CAllAhAn. 3734 Pacific, #38, San Bernardino, CA;
Janelle Smith, P.O. Box 6042, Crestline, CA;
Delphine Gardner, 2011 Arden Ayenue, #112, Highland, CA;
J. J. LaBroek, 28577 Village Lakes Road, Highland, CA;
Tim Sipehen, 1788 Belmont Lane, San Bernardino, CA;
James R. VanHoose, Sr., 3569 Eucalyptus Ayenue, Riyerside, CA;
Nancy Barrett, 3015 N. Pershing Ayenue, San Bernardino, CA;
Mike F. Brophy, 465 Edgerton Driye, San Bernardino, CA;
Jeani Homey, 1047 Chestnut, Redlands, CA;
Sara Jimenez, 7747 Grape Street, Highland, CA;
Virginia Hernandez, 1705 Rhone A yenue, Highland, CA;
Roger Henderson, 2516 Valencia, San Bernardino, CA.
The following individuals spoke in opposition to the proposed closure of the
Fifth Street Senior Center:
Tom Kutsehenreuter, 560 N. "P" Street, Apt. 121, San Bernardino, CA;
Anna J. Lewis, 560 N. "P" Street, San Bernardino, CA.
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The following individuals spoke in opposition to the proposed cuts in the
Parks, Recreation & Community Services Department:
Steve RouchIeau, 5965 Newcomb Street, San Bernardino, CA;
Carla Velarde, 7057 Perris Hill Road, San Bernardino, CA;
Mike Gomez, 3455 Arrowhead Avenue, San Bernardino, CA;
Robert S. Barnard, 265 E. Hig)ll11nd Ayenue, San Bernardino, CA;
Larry Monk, 25562 Walker, San Bernardino, CA.
The following individuals spoke in opposition to the proposed cuts in the
Public Services Department:
Stephan Johns, 2185 W. College Ayenue, #3061, San Bernardino, CA;
Jack Banuelos, 6106 Layton Street, Alta Loma, CA;
Jack McPherson, 2581 Del Norte Driye, Highland, CA.
City Attorney Penman stated that it was his understanding that the Friends of the
CID offered to giye the City $112,000 for the next 12 months if they would retain
Ken Joswiak as CID Manager.
Council MemberlCommissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the Mid-Year Budget Report be
receiyed and filed. The motion carried unanimously with Estrada absent and
the Fourth Ward vacant.
Council MemberlCommissioner McCllmmllck stated that there's about $258,000
of unspent CDBG money. She stated that eyeryone had receiyed all the memos
that discussed what CDBG money could be spent on, and the CID was one of
them. She stated that she hoped they could attempt to solye the budget shortfall
for FY 2008/09 with a combination of ideas, and that cutting six positions for FY
2009/10 may not be the smartest thing they could do. She stated that she felt they
should talk about some of the proposals in the 2008/09 recommendation as she
was not prepared to support it in full, and she was absolutely not prepared to vote
on furloughs for public safety persoooel. Ms. McCammack stated that she
believed there were other revenue sources that could be calculated into the budget
such as sales tax and Vehicle License Fees (VLF).
Assistant City Manager Sassoon stated that there would be no benefit to the cities
whatsoever by the State's increase to their portion of the sales tax, and the VLF
increase would not accrue back to the City-it's strictly a benefit to the State.
Council Member/Commissioner McCammack stated that it was an unknown
reyenue to the City of San Bernardino, just like information received by
Congressman Baca that there's money in his district for police, and the City of
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02/17/2fm
San Bernardino is 30 percent of his district. She stated that the City has not
contemplated all the other funds that exist. She stated that according to Barbara
Pachon the City has $110 million sitting in mostly restricted funds in addition to
the reserves.
Councilwoman McCammack stated that she didn't think they were going to act on
2009/10 layoffs right now, and hoped they could push back any decisions relative
to layoffs for 30 days.
Interim City Manager Weinberg stated that if this is delayed for 30 days, they
would need an additional $1.5 million in terms of cash that they would haye to
make up.
Councilwoman McCammack stated that she was not denying that the City is in
financial crisis, but it is far from being insolyent. She remarked that the City haS
$3 million in unspent tax increment that's sitting in the bank that could be used
for some of the things they're using general fund money for.
Council Member/Commissioner Brinker spoke about municipal finance and fund
accounting and referred to the contract with Los Padrinos, which actually reduced
the impact on the general fund.
Mr. Weinberg stated that the difference between conventional personal finances
and most business finances is that goyemment has a fund accounting system and
in the State of California the general fund is what they refer to most often because
it is also referred to as their discretionary fund. He stated that it's where most of
the fees and taxes go, and it provides the financing to support the essential core
seryices for government including the Fire Department, Police services, libraries,
and parks, and those are almost entirely funded by the general fund. Howeyer,
there are seyeral funds created at the State leyel that are statutory in nature such
as sewer funds, trust funds, grant funds, etc., and those funds haye statutory
restrictions, and although you might be able to do inter-fund transfers in the case
of an emergency, you typically can't borrow from those funds to pay for ongoing
operations in your general fund. Also, because the general fund oftentimes
supports many of the activities that are undertaken by special fund programs, in
many cases you can charge a portion of your general fund expenses to special
funds and to enterprise funds.
Mr. Weinberg stated that he has talked with the City Attorney's office about how
they might be able to charge some of the special funds for some of the legal
services he proyides through his office, which speaks to Councilwoman
McCammack's comment that there could be some other areas, but they haye
examined this for years and have charged just about everything they could. He
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ffl/17/2IXJ)
stated that the problem is that if you go too far, your audits will discover it and
you'll haye to pay it back.
Council MemberlCommissioner McCammack stated that according to the City's
Charter, the refuse fund is not restricted like that.
City Attorney Penman stated that the refuse and sewer funds are not restricted,
and he pointed out that the sewer fund has an $18 million reserye.
Mr. Weinberg stated that giyen that the City is 60 square miles, he belieyes there
is well in excess of $18 million of necessary repairs and replacement of sewers.
Mr. Weinberg stated that if they didn't take action tonight, the City would just be
digging itself into a deeper hole. He stated that he didn't know of anything that
couldn't be reversed in the course of the next 30 days if anything were to change
dramatically. He stated that employees haye opportunities to reinstate; howeyer,
many of the positions slated for layoff won't take effect until July 1, so there's a
built-in cushion if it didn't work. Mr. Weinberg stated that the most important
component is the 10 percent giye-back from the employee groups, and all groups,
with the exception of fire management with whom they haye an agreement that's
nearly eminent, and the Police Officers' Association, haye agreed to participate.
The problem with forestalling his recommendation for furloughs is that this year
the loss would be about $650,000 between now and June 30, and if they cannot
get either an agreement with the POA or furloughs, the loss next year would be a
little oyer $2.6 million.
Council MemberlCommissioner Kelley asked Interim City Manager Weinberg to
explain restricted and unrestricted funds.
Mr . Weinberg responded by stating that anything other than the general fund
could be considered restricted, but that depended on the specific fund. He stated
that all conyentional wisdom is vigorously opposed to using special funds or
enterprise funds for anything other than short term cash flow crises and to inyest
in income streams that will be recurring.
Mayor/Chairman Morris stated that prohibitions were passed in Propositions 13,
62, and 218 that make it yery clear that using funds that were generated for the
purposes of service for general fund uses may be a yiolation of law.
City Attorney Penman stated that Sr. Assistant City Attorney Wilson had
explained in a memo how the City could do that yery carefully to ayoid that
Proposition 218 trap, and he pointed out two ways the City could do that without
getting caught.
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fYl/1712fXY)
Council Member/Commissioner Kelley asked Mr. Weinberg to educate them on
the term "unknown reyenue. "
Mr. Weinberg responded by stating that he assumed it was potential reyenue that
was yet to be identified.
Council Member/Commissioner Kelley stated that when Councilman Derry was
here, the Legislative Review Committee had a concern regarding the $1,000 fines
for fireworks and they explored that option for quite some time. He stated that in
some way, per staff recommendation, it morphed into the Administratiye Ciyil
Penalties process at $1,000 per yiolation, and he stated that it was unfortunate
that those dollars weren't coming in.
Mr. Kelley stated that the City must start thinlcing long term about its assets and
what they need to do to generate money. They must explore opportunities to help
support and fund the Parks Department, which in turn frees up more money in the
general fund. They must explore options of putting solar panels on top of the
City Hall building, fire stations, community centers, and restroom facilities.
Council Member/Commissioner Brinker stated that the short-term problem is that
they haye to saye or cut $9 million in the next four months. He stated that they
are dealing with that first step by using close to $5 million of the $8 million
reserve, and then they baye to make up the other $4 million of the $9 million oyer
four months. Councilman Brinker stated that 75 percent of the City's budget is
salaries, which is what makes this so difficult. He stated that they really don't
haye a lot of good options for the short-term problem, but the long-term problem
presents them with some better opportunities. He stated that one of the ideas that
was suggested, and the one he wanted to talk about for the long-term issue, was
libraries. He stated that he had met with the Library Board and had conversations
with them about what could be done to make libraries better and to give them a
safe funding mechanism. He stated that he belieyed that if they go to the
community with a library bond measure or tax, it would help run libraries the
way they need to be run and would remove them from the general fund, which
would free up millions of dollars that could then be used for other programs.
Interim City Manager Weinberg stated that with respect to the side letters with the
labor groups that have agreed to enter into the 10 percent giyeback, language was
included in the resolutions that would force the Council to restore full
compensation packages before restoring other non-essential program services in
the eyent the City were to receiye funding that did not contain restrictions on how
the money was spent. He stated that they brought the number of layoffs down to
55, and he felt that number would decrease before July I, but that it was
dependent upon the wage and benefit concessions from all employee groups.
15
02/17/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the City Manager's Modified Budget
Strategy (Exhibit 1 and the Attachments) be approYed; and that the Director of
Finance be authorized to amend the FY 2008/09 budget and prepare the
preliminary FY 2009110 budget to implement these measures. (Note: The vote
was taken foUowing further discussion.)
City Attorney Penman suggested that the Council continue this meeting one week
to Monday, February 23, 2009, after the meeting between the Interim City
Manager and the POA is held.
Council MemberlCommissioner Johnson suggested that the meeting be continued
to Thursday, February 19,2009, at 5 p.m.
Interim City Manager Weinberg requested that the Council approve the list of
recommendations subject to postponing the imposition of furloughs until such
time as they haye had an opportunity to try and negotiate a yoluntary agreement
with the Police Department. He stated that if the POA and City staff can't come
to an agreement, then they would come back and he would haye to ask for
furloughs.
Council Member/Commissioner Baxter amended his original motion, seconded by
Council MemberlCommissioner Brinker, that the City Manager's Modified
Budget Strategy (Exhibit 1 and the Attachments) be approYed; that the Director of
Finance be authorized to amend the FY 2008/09 budget and prepare the
preliminary FY 2009110 budget to implement these measures; and that the motion
authorizing the City Manager and the Director of Human Resources to proceed
with imposing furloughs on police sworn personnel be continued to the Council/
Commission meeting of Thursday, February 19, 2009, at 5 p.m. The motion
carried. Ayes: Baxter, Brinker, Kelley, Johnson. Nays: MeCommock.
Absent: Estrada. Vacant: Fourth Ward.
RES. 2009.33 - Resolution of the City of San Bernardino approving a side
letter to Resolution No. 2005-75 for Full-Time, Non-Safety, General Unit
employees, amending the current language in Article III, Compensation,
Section 1, Salaries and Article VII, General Provisions, Section 4,
Memorandum of Understanding. (18A)
RES. 2009.34 - Resolution of the City of San Bernardino approving a side
letter to Resolution No. 2007-343 for Full-Time, Non-Safety, Middle
Management Unit employees, amending the current language in Article ill,
Compensation, Section 1, Wages and Article VII, General Provisions, Section
4, Term of Memorandum of Understanding. (18B)
16
fJ1./17/2009
RES. 2009-35 - Resolution of the Mayor and Common Council of the City of
San Bernardino amending Resolution No. 2007-345, Section 2, B,
Compensation; Section 2, Q, Vacation Leave; and Section 2, Y, Holidays,
between the City and Management/Confidential. Non-8afety employees.
(18e)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions 18A, 18B, and 18C be
adopted; and that the City Manager be authorized to implement a 36-hour reduced
work week and commensurate Friday closure of City Hall beginning March 1,
2009. The motion carried and Resolution Nos. 2009-33, 2009-34 and 2009-35
were adopted. Ayes: Baxter, Brinker, Kelley, Johnson. Nays:
McCAmmAck. Absent: Fatrada. Vacant: Fourth Ward.
18D. Discuss and take possible action on alternative opportunities/proposals to
prevent drastic reductions to public safety and other critical City services
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Councill
Commission meeting of February 19, 2009. The motion carried unanimously
with Estrada absent and the Fourth Ward vacant.
COMMUNITY DEVELOPMENT COMMISSION
R19. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by
Omnitrans
Resolution of the Mayor and Common Council of the City of San Bernardino
approving and authorizing the City Manager to execute a Master Cooperative
Agreement by and between the City and Omnitrans (sbX Bus Rapid Transit
Project) (R19A)
Resolution of the Community Development Commi~on of the City of San
Bernardino approving and authorizing the Interim Executive. Director of the
Redevelopment Agency of the City of San Bernardino to execute a Master
Cooperative Agreement by and between the Agency and Omnitrans (sbX Bus
Rapid Transit Project) (R19B)
Note: No resolutions were distributed with the backup material.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Councill
Commission meeting of March 2, 2009. The motion carried unanimously with
Estrada absent and the Fourth Ward vacant.
17
rYJ./17/2009
PLANNING ITEMS
20. Appeal hearing - Conditional Use Permit No. 07-25 (Appeal No. 08-06) -
Appeal of the Planning Comml~on's denial of a Conditional Use Permit to
construct a 1,893 square foot drive-thru restaurant and 3,440 square foot
retail building on a 29,537 square foot parcel located at the southeast comer
of Waterman Avenue and 2'. Street in the CG-l, Commercial General land
use district. (Continued from February 2, 2009)
The hearing remained open.
Terri RahhaI, Deyelopment Services Deputy Directar/City Planner, stated that the
Planning Commission recently denied a request for a conditional use permit to
establish a multi-tenant retail building and a drive-thru restaurant at the southeast
comer of 29th Street and Waterman Ayenue.
Ms. Rahhal stated that the project site is currently vacant, but was preyiously
occupied by a full-service gasoline station (Chevron) and a restaurant. The
Planning Commission denied the application to redeyelop this site on a split yote
of 3-2, and they primarily cited concerns about the intensity of the proposed
deyelopment, especially related to traffic. She stated that there were property
owners in the surrounding area who came to testify about traffic problems that
exist in the area, and they anticipate those traffic problems would worsen with the
development of the project.
Ms. RahhaI stated that additional materials had been distributed before today's
hearing for the Council's reyiew that consisted of letters from the property
owner, the project traffic engineer, and the project architect that were meant to
address concerns that were brought up by the Plam1ing Commission and the
public. She stated that the letter dated February 12, 2009, from the property
owner explained the histary of the project site and the rationale for the proposal
that was before the Council today.
Ms. RahhaI stated that with regard to the traffic issue, the letter dated February
12, 2009, from Knn7.111an Associates addressed the concerns that haye been raised
by summarizing some of the conclusions in the project traffic study and also by
focusing on the comparison of the proposed project and its traffic impacts to the
preYious conditions on the project site, and it demonstrates that the proposed
deyelopment would generate less traffic than the preYious project. Also, it brings
out an analysis of preyious traffic collisions in the area and elements of the site
design that would either eliminate or lessen the potential for similar traffic
collisions in the future.
18
fJ2/17IZfXY.J
Lastly, Ms. Rahhal stated that the letter dated February 12, 2009, from John
DeFrenza, the project architect, discussed alternatiye layouts that were considered
for this site during the planning phase and addressed some of the Planning
Commission's concerns about on-site circulation and the capacity of the project
site for the development, and it included some illustrations of an easement
affecting the project site, driyeway locations, and the ability to design a driye-thru
restaurant with the correct traffic flow that resulted in the site plan as proposed.
Ms. Rahhal stated that two alternatiye motions were proyided in the staff report,
and after hearing testimony from the public and the applicants, if it was the
Council's decision to deny the appeal and uphold the Planning Commission's
action, staff requested that the Council continue the item to the next meeting so
they could come back with findings. She stated that if it was the Council's
decision to overturn the Planning Commission's action and grant this appeal, they
could base that decision on the findings contained in the Planning Commission
staff report.
Pursuant to Resolution No. 2000-279, City Clerk Clark IJdminilltered an oath
to the following individuals, who spoke in support of the project, that they
would provide tme and honest testimony:
John DeFrenza, Architect, 2900 Bristol, Bldg. A, Suite 203, Costa Mesa,
CA;
Carl Ballard, Principal Associate with Kunzman Associates, 1111 Town &
Country Road, Suite 34, Orange, CA; and
Jeff Segal, property owner, 1211 Georgina Avenue, Santa Monica, CA.
Jim Mulvihill, 407 W. 25th Street, San Bernardino, CA, stated that the Planning
Commission considered this item on two separate occasions. He stated that the
first time they asked for a traffic study of the northbound lane of Waterman
A venue at the entrance to the 1-210 Freeway. He stated that this intersection is
heavily impacted, especially during rush hours in the morning and afternoon
when there is a backup beyond Country Club Lane that often meets up with 28th
Street. Mr. Mulyihill stated that when the discnssion came to the fast food drive-
thru restaurant they asked for a traffic study, and after reyiew and examination of
the conclusions they recommended denial. He stated that fast food driye-thru
restaurants are fine, but not at this location because the land use is too intense.
Mr. Mulyihill stated that the traffic study ignored the two busiest days of the
week-Mondays and Fridays. He stated that on Fridays at least 10,000 cars are
heading northward into the mountains, and on Mondays those same 10,000 cars
are returning to the City .
Robert Eisenbeisz, City Engineer, stated that in looking at restaurants and the
traffic they generate, there isn't a big difference between a restaurant with a
19
fJl/17/'l1YJ9
driye-thru and a restaurant without a driye-thru. However, the type of restaurant
it is makes a big difference; for example, if it is an "In-n-Out" burger it would
probably generate a lot more traffic. He stated that they don't haye the ability to
predict how much traffic there is so they use "trip generation," which is a
publication put out by the Institute of Traffic Engineers.
Mr. Eisenbeisz stated that with a driye-thru you get a lot more "pass-by" traffic,
and when you're looking at traffic impacts you really want to look at how much
new traffic the use is actually generating/creating on the roadways. If it has a
high pass-by percentage it means that it is not generating a lot of new traffic and
is just pulling existing traffic out of the stream to get those services so it tends to
be a low number. When you talk about the comparison of restaurants with and
without a drive-thru, there is a slightly higher rate for an actual sit-down
restaurant, but you're going to have less of a pass-by rate. Mr. Eisenbeisz stated
that in the long run, it's questionable whether there's really much of a difference
between the two.
Mr. Eisenbeisz stated that they also looked at what's causing the congestion in
that area and they found that it's not the use on this site that's creating the
congestion, it's actually the Caltrans interchange ramps for the 1-210 Freeway,
and that's a situation that's beyond the property owner's control. He stated that
they want to look at ways to improve the operation knowing that they haye this
condition that exists a couple hours every day, mainly in the eyening. Some of
the things that haye been proposed are things they will haye to do regardless of
the project; however, some of these things would be implemented as part of the
project.
Council Member/Commissioner McCammack made a motion, seconded by
Council MemberlCommissioner Johnson, that the hearing be closed; and that the
Mayor and Common Council oyerturn the action of the Planning Commission,
grant Appeal No. 08-06 and approve Conditional Use Permit No. 07-25 based on
the Findings of Fact and subject to the Conditions of ApproYal and Standard
Requirements in the September 16, 2008 Planning Commission Staff Report.
The motion carried unanimously with Estrada absent and the Fourth Ward
vacant.
2 I. RES. 2009-30 - Resolution of the Mayor and Common Counell of the City of
San Bernardino awarding a contract to Matich Corporation for precise
grading improvements (SS 07-32), Plan No. 12325; Street Improvements (SS
07-32 & SS 04-34), Storm Drain Improvements (SD 08-01)& Traffic Signal
Improvements (TC 08-01), Plan No. 12326 and City of San Bernardino
Municipal Water Department Water Improvement - MetroUnk Parking
Structure, Plan No. 12576 for the I'f'.AligTIment of Viaduct Blvd. between 2ad
Street and 3'" Street.
20
fJ1./17/2Of1J
City Attorney Penman declared a conflict due to the fact that he has receiyed
campaign contributions from Matich Corporation. He stated that the resolution
had been reyiewed and approved by Tim Sabo.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that this item be moyed to the consent
calendar. The motion carried unanimously with Estrada absent and the
Fourth Want vacant.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2008/09 budget by transferring $42,771 from Account No. 258-
359-5504-7741, "SS 07-32 Realignment of Viaduct Bouleyard," to Account No.
258-359-5504-7740, "TC 08-01 Install Traffic Signal at Realigned Viaduct
Bouleyard and 2nd Street"; and that the Director of Finance be authorized to
amend the FY 2008/09 budget by transferring $90,482 from Account No. 258-
359-5504-7741, "SS 07-32 Realignment of Viaduct Bouleyard," to Account No.
258-359-5504-1769, "SD 08-01 Viaduct Bouleyard-Realign Existing Storm
Drain"; and that said resolution be adopted. The motion carried and Resolution
No. 2009-30 was adopted unanimously with Estrada absent and the Fourth
Ward vacant.
22. Public Comments
C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, suggested
that the City take the money that's being wasted on the Operation Phoenix raids
and use it to fund one or two police officers.
Betty Jean Long, 854 N. Lugo Ayenue, San Bernardino, CA, expressed concern
with Interim City Manager Weinberg's proposal to cut the City's Police
Department, the Center for Indiyidual Deyelopment (CID), and the libraries.
Mrs. Blackstone, 2839 N. Stoddard Ayenue, San Bernardino, CA, applauded
both the Police and Fire Departments for responding quickly to emergencies
within the City.
Jay Lindberg, 6340 Orange Knoll,' San Bernardino, CA, submitted a document
into the record and spoke regarding the bankruptcy of the county and the state,
and stated that we need to clean up the City and rebuild its industrial base.
Charles Greenwood, a Refuse Diyision employee, stated that the Council
members work for the people and that's how democracy works.
21
fYl/17/'1.f:m
Cheryl Brown, stated that a luncheon would be held at the Hilton Hotel on
March 3 to give interfaith leaders in the City and the Inland Empire a chance to
speak on stewardship of this earth. She asked that interested faith leaders call
. 951-682-6070 to register. Ms. Brown thanked the Green Valley Initiative,
Claremont School of Theology, The Black Voice News, the Sun, the Daily
Bulletin, and the Press Enterprise. She stated that their wish was that April 17-19
be proclaimed "Green Faith Days" in the Inland Empire.
Rev. Reggie Beamon, 1730 W. Gilbert Street, San Bernardino, CA, stated that
Congressman Baca asked him to tell the City that help is on the way for the
Police Department and to put any layoffs on hold. He stated that the City needs
to find a way to get money for the PAL Program.
23. Adjournment
At 9:55 p.m., the meeting adjourned to Thursday, February 19,2009, at 5 p.m.,
in the Council Chambers of City Hall, to continue budget discussions. The next
joint regular meeting is scheduled for 1:30 p.m., Monday, March 2,2009.
RACHEL G. CLARK
City Clerk
BY~M/.~~AMt/
Linda Sutherland
Deputy City Clerk
22
00./17/2009
,
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor l'tIItidc J. Morris
COUIJdI M.""",.:
Esthor EstradIJ
Dennis J. Boxler
Tobin Brinker
If" Ward - Vacant
Chas Kelley
Rilcke Van Johnson
Wendy McCamnuu:k
-
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
FEBRUARY 19, 2009
COUNCIL CHAMBERS
This is the time and place designated for a joint adjourned regular meeting of the Mayor
and Common Council and Community Deyelopment Commission of the City of San
Bernardino from the joint regular meeting of the Mayor and Common Council and
Community Deyelopment Commission held at 1:30 p.m., Tuesday, February 17,2009,
in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
The City Clerk has caused to be posted the order of adjournment of said meeting held on
Tuesday, February 17, 2009, and has on file in the office of the City Clerk an affidayit
of said posting together with a copy of said order which was posted at 3:30 p.m.,
Wednesday, February 18, 2009, on the City Hall breezeway bulletin board.
. The joint adjourned regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 5:16 p.m., Thursday, February 19, 2009, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Baxter,
Brinker, Kelley, Johnson, McCammack; City Attorney Penman, Interim
City Manager Weinberg, City Clerk Clark.
1
02/19/2009
,
Absent:
Vacant:
Council MemberlCommissioner Estrada.
Fourth Ward.
1. Closed Session
Pursuant to Goyernment Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Goyernment Code Section 54956.9(a):
San Bernardino City Professional Firefildlters, Local 891 Y. City, et al. -
San Bernardino Superior Court, Case No. CIVSS 807685.
B. Conference with legal counsel - anticipated litigation - significant
exposure to .litigation - pursuant to subdiyision (b) (1), (2), (3) (A-F) of
Goyernment Code Section 54956.9:
San Bernardino Police Officers Association Y. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdiyision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Goyernment 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 Goyernment Code Section
54957.6:
Fire Safety Unit
Police Safety Unit
Police Management Unit
Management/Confidential
Mid-Management Unit
General Unit
G. Conference with real property negotiator - pursuant to Goyernment Code
Section 54956.8.
2
02/19/2009
,
Public Comments on Closed Session Items
Rich Lawhead, President of the Police Officers Association (POA), 1299 N. "E" Street,
San Bernardino, CA, submitted into the record a letter dated February 19, 2009,
regarding the POA's position relatiye to the City's budget deficit. He stated that he had
been asked to come to the bargaining table and giye some concessions in an effort to help
the City close the budget gap. Mr. Lawhead stated that yesterday the POA presented a
package of concessions totaling oyer $3.3 million to the City and in return they asked
only that the Mayor and Council keep the promise they made to the POA seyeral months
ago regarding Chief Billdt. He stated that they could end up in litigation that would cost
the City a lot of money, or the City could just take the money and keep its prornise.
2. Budget Workshop (Continued from February 17, 2009)
Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, commended the
Police Department for their quick response to an incident that occurred at the
Fifth Street Senior Center and spoke in opposition to the proposed cuts in the
Police and Fire Departments.
Interim City Manager Weinberg stated that the Council meeting held on Tuesday,
February 17, 2009, was recessed to provide the City Manager and his negotiating
team with the opportunity to meet once again with the Police Officers Association
leadership to see whether or not they could come to some kind of compromise for
an agreement that would proyide the City with the necessary savings it required.
Mr. Weinberg stated that the City's negotiation team met with seyeral POA
leaders on February 18, 2009, over a period of approximately four and one-half
hours. The City provided the union with a written proposal that essentially
mirrored that approYed by the firefighters earlier in the week. The POA met for
approximately 90 minutes and returned with a written counter proposal that
offered the City's needed police officer concessions, which were equivalent to
$3.3 million in the form of returned uniform allowances oyer the course of the
next two years and monthly contributions to the cost of employee health plans.
Howeyer, the proposal was accompanied by demands including binding
arbitration, a guarantee of no further layoffs, the right to dictate resource funding
and allocation relating to a handful of sergeant and detectiye positions, and the
inlmediate departure of the Police Chief and the Assistant Police Chief.
In the absence of any agreement or promise that a settlement was forthcoming,
Mr. Weinberg stated that he was compelled to recommend that the Council
authorize the City Manager to proceed to take actions necessary to impose a four-
hour per week furlough of police officers effectiye March I, 2009. He stated that
approYal of the furloughs would maximize public safety and would preyent the
need for layoffs.
3
02/19/2009
,
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the City Manager and the Director of Human
Resources be authorized to proceed with imposing furloughs on police sworn
personnel. The motion carried. Ayes: Baxter, Brinker, Kelley, Johnson.
Nays: McCammack. Absent: Estrada. Vacant: Fourth Ward.
3. Discuss and take possible action on alternative opportunities/proposals to
prevent drastic reductions to public safety and other critical City services
(Continued from February 17,2009)
Council Member/Commissioner McCammack made a motion to continue the
matter to the CouncillCommission meeting of March 2, 2009. The motion died
for lack of a second.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be tabled. The motion
carried unanimously with Estrada absent and the Fourth Ward Vacant.
NBl. RES. 2009-36 - Resolution of the Mayor and Common Council of the City of
San Bernardino prodaiming the existence of a local emergency.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that the matter arose subsequent to the posting of
the agenda. The motion carried. Ayes: Baxter, Brinker, Kelley, Johnson.
Nays: McCammack. Absent: Estrada. Vacant: Fourth Ward.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolution be waiyed;
and that said resolution be adopted. The motion carried. Ayes: Baxter,
Brinker, Kelley, Johnson. Nays: McCammack. Absent: Estrada. Vacant:
Fourth Ward.
4. Public Comments
Tom Marek, Director of Information Technology, stated that one of the handouts
from the February 2, 2009 Council meeting talked about the staffing of the IT
Department being 4 to 5 full-time employees less than the typical organization of
its size, and yet they had 5 layoffs. Mr. Marek read a paragraph from another
document regarding the layoff of an IT Analyst and their obligation to the Water
Department, which funded 75 % of that position.
Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, stated that due to the high
number of parolees and with the possible release of 57,000 inmates next year,
cutting back the police would not be good for the City. He stated that with the
4
02/19/2009
elimination of the Operation Phoenix program the City could fund library staff for
one year and still proYide for the CID center.
Betty Jean Long, 854 N. Lugo Avenue, San Bernardino, CA, stated that she
would like to see the City Manager reduce his hours and cut his salary in half.
Wendy McCammack, 634 E. Parkdale Driye, San Bernardino, CA, stated that
Tom Marek was the only director of a department to beg for the jobs of his
employees. She stated that many employees haye come up with suggestions,
information and ideas that have been ignored. She stated that the bottom line was
that they haye let the employees down, and more importantly, they haye let the
constituency of this City down.
Darren Hall, Deyelopment Services Department employee, 2767 N. Lugo
Ayenue, San Bernardino, CA, spoke about the 14 proposed cuts in his department
and added that he felt eyery department in the City should be taking the furloughs
and the ten percent reduction in pay.
Jesse Sandoval, Parks, Recreation & Community Services Department
employee, 18240 Grove Place, Fontana, CA, distributed a proposal CODtaining
four options that would save the City money and would result in no lost jobs and
no loss of seryices.
Debbi Matley, 380 W. 1Jlh Street, San Bernardino, CA, stated that she didn't
think enough options were explored before layoffs were imposed in City
departments. She stated that she attended a Measure Z Committee meeting and
noted that Operation Phoenix was the only intervention program that was being
funded and asked why that money couldn't be put towards keeping some of these
jobs.
Mark Weinberg, Interim City Manager, responded to Councilwoman
McCammack's comments by stating that every one of the department heads in
this organization had come to him and had yigorously appealed for retaining their
staffs. He stated that they have spoken very higWy of their staffs, haye begged
for positions, and in the end they understood the concept of teamwork and they
understood the graYity of the fiscal crisis the City has to try to solve. He stated
that he didn't think that there was anyone in this organization at any leyel who
hasn't felt the pain.
Charles Greenwood, Refuse Diyision employee, asked the Council if they felt
they made the right decision relative to the budget cuts and furloughs.
5
02119/2009
5. Adjournment
At 7:31 p.m., the meeting was adjourned. The next joint regular meeting is
scheduled for 1:30 p.m., Monday, March 2,2009.
RACHEL G. CLARK
City Clerk
BY~"'.JxlJ1t/)~/
Linda Sutherland
Deputy City Clerk
6
02/19/2009
oi
CITY OF SAN BERNARDINO
300 N. "D>> Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Palrklc J. Morris
Coulldl Members:
Esther EstTOJia
Dennis J. Baxter
Tobin Brinleer
of" Ward - Vacant
CIuJs Kelley
Rili:ke Van Johnson
Wendy McCammm:k
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 2, 2009
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Deyelopment Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:35 p.m., Monday, March 2, 2009, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council MemberslCommissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Pemnan,
Interim City Manager Weinberg, City Clerk Clark.
Absent:
None.
Vacant:
Fourth Ward.
I. Closed Session
Pursuant to Goyemment Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Goyemment Code Section 54956.9(a):
Belinsky v. City, Omnitrans, et al. - United States District Court, Case
No. CV 08-8571 PSG (MANx);
1
03/02/2009
"
Jane Batey Y. City of San Bernardino - San Bernardino County Superior
Court, Case No. SCVSS 141503;
Luisa Maravilla Y. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVSS 707097;
San Bernardino Police Officers Association, et al. v. City of San
Bernardino, et al. - San Bernardino County Superior Court, Case No.
CIVD 902362;
San Bernardino City Professional Firefighters, Local 891 Y. City of San
Bernardino, et al. - San Bernardino County Superior Court, Case No.
CIVSS 807685.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdiyision (b) (1), (2), (3) (A-F) of
Goyernment Code Section 54956.9:
Inland Communities Corp. Y. City of San Bernardino (Paradise
Hills)
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdiyision (c) of Goyernment Code Section
54956.9:
City of San Bernardino v. California State Uniyersity
City of San Bernardino Y. American Horne Mortgage Service,
Inc. [4858 Cristy Ayenue, San Bernardino, California (APN#
626-291-17-0000)]
D. Closed Session - personnel - pursuant to Goyernment Code Section
54957 :
Chief of Police
Acting Assistant Chief of Police
Acting Police Chief
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 Goyernment Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
2
03/02/2009
Fire Safety Unit
Police Safety Unit
Police Management Unit
Management/Confidential
Mid-Management Unit
General Unit
G. Conference with real property negotiator - pursuant to Goyemment Code
Section 54956.8.
City Attorney Penman armounced that the following additional item was
discussed in closed session under Agenda Item No. ID, Conference with Labor
Negotiator:
City Manager
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.
Moment of Silence
A moment of silence was observed in memory of Charles "Chuck" H. Beenlan; former
State Senator and Assembly member Nell Soto; Fire Captain Creig Nece; and Ewing
Pizet.
InvocationIPIedge of Allegiance
The invocation was given by Reverend Fred Adams of The Rock Church. The pledge
of allegiance was led by Wesley O'Neill, a student at Ramona Alessandro School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Rabbi Hillel Cohn, chairman of the Bicentennial Ad Hoc Committee, provided
an update on the committee's recent actiyities.
Beverly Powell, new Regional Manager for Southern California Edison, was
introduced and spoke briefly to the Mayor and Council.
Mayor Morris presented a Certificate of Recognition to Steye Lambert, who
served as editor of the San Bernardino Sun newspaper for the past seyen years
and is leaYing for his new post as editor and general manager of the San Gabriel
Valley Newspaper Group.
3
03/02/2009
,
Certificates of Recognition were presented to seyeral indiyiduals associated with
the Humane Society, who recently worked to upgrade the facilities at the City's
Animal Shelter.
4. Announcements
Aooouncements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
yarious ciyic, community, and chamber eyents and actiyities.
5. Waive Full Reading of Resolutions & Ordinances
Council MemberlCommissioner Baxter made a motion, seconded by Council
MemberlCommissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Deyelopment Commission, be waiyed. The motion carried
unllnimonsly with the Fourth Ward vacant.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form:
February 2,2009. The motion carried unllnimonsly with the Fourth Ward
vacant.
7. Claims & Payroll
Council MemberlCommissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated February 12, 2009, from
Barbara Pachon, Director of Finance, be approYed. The motion carried
IInllnimonsly with the Fourth Ward vacant.
8. Personnel Actions
Council Member/Commissioner McCammack expressed opposition to the part-
time appointments of Michael Billdt as Chief of Police and Mitchal Kimball as
the Assistant Chief of Police.
Council Member/Commissioner Kelley stated that he wanted action taken,
perhaps through the Persoooel Committee, to formulate succession plans in all
of the City departments.
4
03/02/2009
,
C. Patience Summers, 868 E. Rialto Ayenue, San Bernardino, CA, spoke in
opposition to Chief Billdt remaining on the City's payroll.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the personnel actions, as submitted by the
Chief Examiner, dated February 25, 2009, in accordance with Ciyil 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 with
McCammack voting no and the Fourth Ward vacant.
9. Item deleted
10. Authorization to proceed and approval of Plan No. 12595 - proposed
vacation of a portion of the southerly side of Kendall Drive, northerly of
Pine Avenue
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Deyelopment Services and
the City Clerk be authorized to proceed with the proposed vacation of a portion
of the southerly side of Kendall Drive, northerly of Pine Avenue; and that Plan
No. 12595 showing the proposed vacation of a portion of the southerly side of
Kendall Drive, northerly of Pine Ayenue, be approYed. The motion carried
unanimously with the Fourth Ward vacant.
II. RES. 2009-37 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of Kendall Drive (formerly State
Highway 206) east of "H" Street and reserving an access and landscape
easement for the Castaway Restaurant.
Council MemberlCommissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-37 was adopted unanimously with the Fourth Ward vacant.
12. Item deleted
13. RES. 2009-42 - Resolution of the City of San Bernardino authorizing
execution of an agreement with Omnitrans to provide a shuttle service for
Metrolink riders during construction of the realignment of Viaduct
Boulevard (S804-34 & SS07-32).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-42 was adopted unanimously with the Fourth Ward vacant.
5
03/02/2009
,
14. RES. 2009-38 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a grant application to the
California Environmental Protection Agency in the amount of $20,000 and
authorizing the Fire Department to adminillter the grant.
Council Member/Comrnissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-38 was adopted unanimously with the Fourth Ward vacant.
15. Resolution of the Mayor and Common Counell of the City of San
Bernardino approving a side letter to Resolution No. 2005-66 for full-time,
fire safety employees, adding language in Article IV, Fringe Benefits:
Section 1, HealthlRelated Insurance; Section 4, Deferred Compensation;
Section 7, Vacation and Holiday Sell-Back; Section 8, Welfare Benefit
Trust; and Article V, Leave Provisions: Section 1, Vacation; adding Section
7, Fire Leave; and Article vn, General Provisions, Section 2, Term of
Memorandum of Understanding (MOU).
Council Member/Comrnissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Councill
Commission meeting of March 16, 2009. The motion carried unanimously
with the Fourth Ward vacant.
16. RES. 2009-43 - Resolution of the Mayor and Common Counell of the City
of San Bernardino ratifying the submittal of two Indian Gaming Local
Community Benefit grants in the amount of $525,637.81 for FY 08/09 and
$985,241 for FY 09/10, and authorizing the expenditure of said grants for
the designated law enforcement purposes as outlined in the grant budgets.
Council Member/Commissioner McCammack stated she would abstain because
San Manuel is a business client. She left the dais and returned after the yote
was taken.
Council MemberlCommissioner Estrada made a motion, seconded by Council
MemberlCommissioner Baxter, that said resolution be adopted. Resolution No.
2009-43 was adopted with McCammack abstaining and the Fourth Ward
vacant.
17. RES. 2009-39 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of a Tide m-B Grant
Application through the County of San Bernardino Department of Aging
and Adult Services (DAAS) for assisted transportation for the period of July
1, 2009 through June 30, 2010.
6
03/02/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-39 was adopted unanimously with the Fourth Ward vacant.
18. RES. 2009-40 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Interim City Manager to execute a Letter
of Agreement with KaBOOM! for a community-build playground to be
constructed at the Rudy C. Hernandez Community Center located at
Meadowbrook Park.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-40 was adopted unanimously with the Fourth Ward vacant.
19. RES. 2009-41 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Services Agreement and
issuance of a purchase order to Law Enforcement Medical Services for
evidence collection not to exceed $80,000 for FY 2008-09 with one optional
renewal year.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. 2009-41 was adopted unanimously with the Fourth Ward vacant.
20. RES. 2009-44 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement for the City of
Redlands Police Department to use the City of San Bernardino Police
Department's ruing range.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2009-44 was adopted unanimously with the Fourth Ward
vacant.
21. RES. 2009-45 - Resolution of the Mayor and Common Council of the City
of San Bernardino rejecting Bid RFQ F-09-07 pursuant to Section 3.04.070
E of the Municipal Code for the purchase of concrete materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2009-45 was adopted unanimously with the Fourth Ward
yacant.
7
03/02/2009
22. Receive and file - Annual Audit of the Water Department's Water and
Sewer Utilities for the fiscal year ending June 30, 2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council receive
and file the Annual Audit of the Water Department's Water and Sewer Utilities
for the fiscal year ending June 30, 2008. The motion carried unanimously
with the Fourth Ward vacant.
23. Item deleted
24. RES. 2009-46 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an agreement with the San
Bernardino Symphony for fmancial assistance from the 2008/2009 Civic and
Promotion Fund for the Music in the Schools program.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2009-46 was adopted unanimously with the Fourth Ward vacant.
25. Appeal hearing - City Clerk's determination of ineligibility for San
Bernardino High School to operate a frreworks stand in 2009 (Continued
from February 17, 2009)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be tabled. The motion carried
unanimously with the Fourth Ward vacant.
26. PubHc hearing - Right of Way contract and grant deed relative to the sale
of City of San Bernardino Municipal Water Department owned real
property to Caltrans
RES. 2009-47 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Right of Way Contract with the State of
California, Department of Transportation, and the execution of a Grant
Deed for the City of San Bernardino Municipal Water Department owned
property generally located south of 9* Street and west of "H" Street in the
City of San Bernardino.
Mayor/Chairrnan Morris opened the hearing.
No public comments were receiyed.
8
03/02/2009
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2009-47 was
adopted with McCammack voting no and the Fourth Ward vacant.
27. Public hearing - resolution imposing liens on commercial properties for
uncollected refuse fees
Resolution of the City of San Bernardino imposing liens on commercial
properties located within the City of San Bernardino for uncollected refuse
fees.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued. (Note:
No vote was taken.)
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
those indiyiduals who had requested to speak that they would proYide true and
honest testimony.
City Attorney Penman adyised that the hearing had not been properly noticed;
therefore, it could not be continued, but had to be tabled; and it would be illegal
to take any public comments at this time.
Mayor/Chairman Morris asked those indiyiduals who had taken the oath and
wished to speak to giye their names to the City Clerk and they would be notified
by her office when the hearing was rescheduled.
Mr. Penman noted that all notices required by law would be re-sent.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled. The motion carried
unanimously with the Fourth Ward vacant.
Council Member/Commissioner McCammack stated that many people had
called to say that they did not owe this money, and she requested staff to check
on this.
9
03/02/2009
COMMUNITY DEVEWPMENT COMMISSION
Present:
Mayor/Chairrnan Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; Assistant City Attorney
Wilson, Economic Deyelopment Agency Interim Executiye Director
Marzullo and Agency Counsel Sabo, City Clerk Clark.
Absent:
None.
Vacant:
Fourth Ward
R28. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by
Omnitrans (Continued from February 17, 2009)
Resolution of the Mayor and Common Counell of the City of San
Bernardino approving and authorizing the Interim City Manager to execute
a Master Cooperative Agreement by and between the City and Omnitrans
(sbX Bus Rapid Transit Project). (R28A)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino to execute a Master
Cooperative Agreement by and between the Agency and Omnitrans (sbX
Bus Rapid Transit Project). (R28B)
Note: Resolution R28A was not distributed with the backup materials.
Council Member/Commissioner Estrada made a motion, seconded by Council
MemberlCommissioner Baxter, that the matter be continued to the
Council/Commission meeting of March 16, 2009. The motion carried
unanimously with the Fourth Ward vacant.
R29. EDAW, Inc. - Amendment No.1 to the Professional Services Agreement
for additional funding
RES. CDC/2009-8 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Amendment No. 1 to the Agreement for
Professional Services by and between the Agency and EDA W, Inc.
10
03/02/2009
.
Council Member/Commissioner Brinker made a motion, seconded by Council
MemberlCommissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-8 was adopted with McCammack voting no and the Fourth
Ward vacant.
R30. San Bernardino new car automobile dealerships - Special sales promotion
Council Members McCammack and Kelley stated they would like to see the
City and the Agency really delye into and explore ways to promote the entire
city of San Bernardino as well as educating the residents on how yital it is to
keep their tax dollars in San Bernardino-possibly in conjunction with the
Conyention and Visitors Bureau and the local Chamber of Commerce.
City Attorney Penman noted that he had just receiyed a call from the
President/CEO of the San Bernardino Area Chamber of Commerce, who
commented that the Chamber has been inyolyed in this actiYity for many, many
years and has an ongoing program where they do this; and they would like to
work closely with the EDA and assist with this project.
Council Member/Commissioner Brinker stated that he had been approached by
some of the yocational schools down by Hospitality Lane with an idea about re-
branding the Hospitality area as Hospitality/Uniyersity. He noted that there are
more than 20 yocational education institutions around the Hospitality area, and
the idea was to put up some signs that direct people to those institutions, with
the idea that before and after classes students could meet at the local restaurants
and spend dollars in our community.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that the Community Deyelopment Commission
of the City of San Bernardino approye and authorize the Interim Executiye
Director of the Redeyelopment Agency of the City of San Bernardino
(" Agency") to undertake an adyertising and special incentive automobile sales
event for all new-yehicle automobile dealers in the City of San Bernardino for a
cost not to exceed $150,000. The motion carried unanimously with the
Fourth Ward vacant.
R31. Item deleted
11
03/02/2009
.
32. Public Comments
Maria Galvez, 251% Alevpo Way, Moreno Valley, CA, a student at CSUSB,
stated that she wanted to bring community awareness to the programs offered
for children at the Central City Lutheran Missionary Community Center. Their
website addresses is www.cclm.or~, or a person can call (909) 381-6921 to
make a donation or for more information.
C. Patience Summers, 868 E. Rialto Ayenue, San Bernardino, CA, made
seyeral suggestions on how to turn San Bernardino around from being a welfare
city to being a city that helps itself and uses its educational resources.
Rev. Betty Long, 854 N. Lugo Ayenue, San Bernardino, CA, expressed her
gratitude that the Fifth Street Senior Center is still open; otherwise, she does not
know where she would go.
Arlington Rodgers, 5941 Laura Lane, San Bernardino, CA, former solid waste
manager for the City of San Bernardino, stated that contracting out the solid
waste department was not a feasible thing for the City to do and urged the
Council to be sure they are comparing apples to apples and oranges to oranges
as they investigate this alternatiye. He also commented on the flooding that has
occurred for oyer 43 years at the northwest comer of Baseline and Medical
Center Drive when it rains.
Tom Ramsey, San Bernardino Public Employees Association, 433 N. Sierra
Way, San Bernardino, CA, spoke regarding the City's budget woes, the
furloughs accepted by the general and rnid-management employees, and the idea
of selling or contracting out the solid waste diyision. He urged the Council to
consider other ways to saye money such as a Charter amendment repealing
Section 186 and the exploration of contracting out the Police Department to the
County .
Dan Long, San Bernardino Public Employees Association, 433 N. Sierra Way,
San Bernardino, CA, spoke regarding the drastic measures being taken to
balance the budget in Parks and Traffic Signals; spoke in opposition to
contracting out integrated waste management services; and asked the Council to
do three things: 1) reyiew the deep cuts in Parks to make sure they are
absolutely necessary; 2) review the information proYided to the SBPEA office
today via fax relatiye to the Traffic Signal Shop and the Integrated Waste
Management Diyision; and 3) reyiew the report proYided by Management
Partners, Inc.-a report less than 18 months old-before they consider spending
another $100,000 for a consultant study that they already haye the answers to.
12
03/0212009
.
Joe Arnett, 1681 Echo Driye, San Bernardino, CA, stated he was a candidate
for the Fourth Ward Council seat; outlined his priorities if elected; and asked
that people contact him at joearnett.com.
Charles Greenwood, a Refuse Diyision employee, thanked Arlington Rodgers
for coming to speak on behalf of the integrated waste management employees;
stated that he thought the sale of the solid waste diyision was wrong-both for
the employees and the taxpayers; and suggested that the Council members speak
to Mando Leon and Gracie Washington about the refuse practices in this City.
Bobby Oquendo, 264 E. 10th Street, San Bernardino, CA, a City fire employee,
stated that they had come to the table in good faith and they were turned down.
33. Adjournment
At 5:51 p.m. the meeting adjourned. The next joint regular meeting is
scheduled for 1:30 p.m., Monday, March 16, 2009.
RACHEL G. CLARK
City Clerk
By:
LL 2 fJ4L-
Linda E. Hartzel
Deputy City Clerk
13
03/02/2009
t
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patridc J. Morris
Coruu:il Members:
Esther EstradJJ
Dennis J. Boxter
Tobin Brinker
If' Ward - Vacant
Chos Kelley
Rikke Van Johnson
Wendy McCammm:k
-
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
SPECIAL MEETING
MARCH 9, 2009
COUNCIL CHAMBERS
NOTICE IS HEREBY GIVEN that the Mayor and Common Council and Community
Development Commission of the City of San Bernardino haye called a special meeting
of the Mayor and Common Council and Community Deyelopment Commission for
6:00 p.m., Monday, March 9,2009, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
The purpose for which this meeting was called was to discuss two items in closed
session regarding I) existing litigation (San Bernardino Police Officers Association Y.
City of San Bernardino) and 2) personnel (City Manager); and to discuss and adopt a
resolution approYing a Side Letter to Resolution No. 2006-291 for full-time Police
Safety employees.
The special meeting of the Mayor and Common Council and Community Deyelopment
Commission of the City of San Bernardino was called to order by Mayor/Chairman
Morris at 6:10 p.m., Monday, March 9,2009, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council MemberslCommissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman,
Interim City Manager Weinberg, City Clerk Clark.
Absent:
None.
Vacant:
Fourth Ward.
1
03/09/2009
,
\
I. Closed Session
Pursuant to Goyernment Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Goyernment Code Section 54956.9(a):
San Bernardino Police Officers Association, et al. Y. City of San
Bernardino, et al. - San Bernardino County Superior Court, Case No.
CIVD 902362.
B. Closed Session - personnel - pursuant to Government Code Section
54957:
City Manager
2. RES. 2009-48 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Side Letter to Resolution No. 2006-291 for
full-time, Police Safety employees, amending Article IV - Fringe Benefits:
Section 1 - HealthlLife Insurance - Active Employees, Subsection (A);
Article IV Fringe Benefits: Section 3 Rain Gear/UtiIity
Uniforms/Uniform Allowances, Subsection (C); Article V - Leaves: Section
1 - Vacations, Subsections (F) and (H); Article V - Leaves: Section 4 -
Payment of Unused Sick Leave; and Article VII - General Provisions:
Section 4 - Term of Memorandum of Understanding; and adding
Subsections (E) and (F) to Article V - Leaves: Section 4 - Payment for
Unused Sick Leave; and adding Section 9 - Budget Concessions Leave to
Article V - Leaves.
Submitted into the record was an inter office memorandum dated March 9. 2009
from James F. Penman, City Attorney, to the Mayor and Common Council
regarding Sr. Assistant City Attorney Diane C. Roth's Analysis Of Side-Letter
with POA on Today's Agenda of the Mayor and Common Council.
Council MemberlCommissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that full reading be waiyed; and that said
resolution be adopted. The motion carried and Resolution No. 2009-48 was
adopted with McCammack abstaining and the Fourth Ward vacant.
2
03/09/2009
I
3. Adjournment
At 11:24 p.m. the meeting adjourned. The next joint regular meeting is
scheduled for 1:30 p.m., Monday, March 16, 2009.
RACHEL G. CLARK
City Clerk
By:
~~g.~
Linda E. Hartzel
Deputy City Clerk
3
03/09/2009
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
MlIJor Patmk J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
4' Ward - Vacant
Chas Kelley
Rikke Van Johnson
Wendy McCtututuuk
~
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 16, 2009
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
Pro Tempore Johnson at 3:02 p.m., Monday, March 16, 2009, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Absent:
Vacant:
Mayor Pro-Tempore Johnson; Council MemberslCommissioners Estrada,
Baxter, Brinker, Johnson, McCammack; City Attorney Penman, Interim
City Manager Weinberg, City Clerk Clark.
Mayor/Chairman Morris, Council Member/Commissioner Kelley
Fourth Ward
1. Closed Session
Pursuant to Goyernment Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Belinsky v. City, Omnitrans, et al. - United States District Court, Case
No. CV 08-8571 PSG (MANx);
1
03/16/2009
James Lewis v. County of San Bernardino, et al. - San Bernardino County
Superior Court, Case No. CIVSS 801605;
San Bernardino Police Officers Association, et al. Y. City of San
Bernardino, et al. - San Bernardino County Superior Court, Case No.
CIVD 902362;
Michael Desrochers and Steye Lowes Y. City of San Bernardino, et al. -
United States District Court, Case No. EDCV 06-1408 YAP; United
States Court of Appeals, Ninth Circuit, Case No. 07-56673;
Odom v. City of San Bernardino - San Bernardino County Superior Court,
Case No. CIVSS 707125;
Ross Y. City of San Bernardino - San Bernardino County Superior Court,
Case No. CIVSS 706911;
Town of Apple Valley. et al. Y. County of San Bernardino (Waste
Disposal Ajlreement Litijlation) - Los Angeles County Superior Court,
Case No. KC 049711 "1".
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdiyision (b) (I), (2), (3) (A-F) of
Goyernment Code Section 54956.9:
Brian Boom Y. City of San Bernardino
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State Uniyersity
D. Closed Session - persounel - pursuant to Goyernment Code Section
54957:
Chief of Police; Acting Assistant Chief of Police; Acting Police Chief
General Unit
Mid-Management Unit
2
03/16/2009
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 Goyernment Code Section
54957.
F. Conference with labor negotiator - pursuant to Goyernment 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 items would be
discussed in closed session:
People of the State of California v. Manta Mana2ement Corporation - San
Bernardino County Superior Court Case No. SCVSS 117285.
Under Agenda Item No. 1B, significant exposure to litigation:
Agenda Item No. 34;
One case.
Under Agenda Item No. 1C, initiation of litigation:
One case.
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.
Moment of Silence
Mayor Pro- Temporel Acting Chairman Johnson requested a moment of silence in
memory of Marietta White, Mary Booker, and Jack Gamer.
Invocation/Pledge of Allegiance
The inyocation was giyen by Jorge Carlos, Executive Staff Assistant to City Council.
The pledge of allegiance was led by Channelle Lay, an 8th grade student at Arrowview
Middle School.
2. Appointments
There were no commission appointments.
3
03/16/2009
3. Presentations
Council Member/Commissioner McCarnmack presented the Student of the Month
Award to Channelle Lay, an 8111 grade student at Arrowview Middle School.
The following indiyiduals were presented a service pin award by Mayor Pro-
Tempore/Acting Chairman Johnson in recognition of their many years of
dedicated service to the City:
Name
Carlos Gonzalez
Roberto Lopez
Mario Ramirez
Department
Facilities Management
Facilities Management
Facilities Management
Years of Service
20
20
20
4. Announcements
Announcements were made by Mayor Pro-Tempore/Acting Chairman Johnson,
members of the Common Council, elected officials, and a representatiye from the
Chamber of Commerce regarding various ciyic, community, and chamber events
and actiyities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Deyelopment Commission, be waiyed. The motion carried
unAnimously with Kelley absent and the Fourth Ward vacant.
6. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated February 26, 2009, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unAnimously with Kelley absent and the Fourth Ward vacant.
7. Persounel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated March 11, 2009, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City of
San Bernardino, be approYed and ratified. The motion carried unanimously
with Kelley absent and the Fourth Ward vacant.
4
03/16/2009
8. RES. 2009-49 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odium & Haws and the City of San
Bernardino in the case of San Be17UlTt1ino Polke OfJicers Association; Richard
Lawhead; Carol Donnelly v. City 01 San Be17Ull'dino; and Does 1 through 10, .
inclusive.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-49 was adopted unanimously with Kelley absent and the Fourth Ward
vacant.
9. Resolutions of the Mayor and Common Council and of the Community
Development Commi~~on of the City of San Bernardino for Authorization to
Execute an Agreement for Reimbursement by the Economic Development
Agency for Legal Services provided to the City by the City Attorney on
Economic Development Agency issues
RES. 2009-57 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute an Agreement for
Reimbursement by the Economic Development Agency for legal services
provided to the City by the City Attorney on Economic Development Agency
issues. (9A)
RES. CDC/2009-9 - Resolution of the Community Development Commi~on
of the City of San Bernardino authorizing the Chairperson to execute an
Agreement for Reimbursement by the Economic Development Agency for
legal services provided to the City by the City Attorney on Redevelopment
issues. (9B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolutions A and B, be
adopted. Mayor and Common Council Resolution No. 2009-57 and
Community Development Commission Resolution No. CDC/2009-9 were
adopted unanimously with Kelley absent and the Fourth Ward vacant.
10. Amendments to the FY 2008/09 budget related to the City Attorney and
Development Services departments
Council Member/Commissioner Baxter made a motion, seconded by Council
MemberlCommissioner Brinker, that the Director of Finance be authorized to
amend the FY 2008/09 budget as indicated in the staff report from Mark
Weinberg, Interim City Manager, dated February 23,2009. The motion carried
unanimously with Kelley absent and the Fourth Ward vacant.
5
03/16/2009
11. Item deleted
12. RES. 2009-50 - Resolution of the City of San Bernardino establishing fair
market value and minimum sale price for a portion of certain City Water
Department owned parcel of real property generally located at the
intersection of Foothill Drive and Sterling Avenue, and setting a public
hearing for April 20, 2009, at 4:00 p.m. to consider said sale.
Council MemberlCommissioner Baxter made a motion. seconded by Council
Member/Commissioner Brinker, that the Director of Deyelopment Seryices be
authorized to proceed with the sale of City Water Department property generally
located at the intersection of Foothill Driye and Sterling Avenue, and being a
portion of APN 0155-361-25; and that said resolution be adopted. The motion
carried and Resolution No. 2009-50 was adopted IInanlmously with Kelley
absent and the Fourth Ward vacant.
13. RES. 2009-58 - Resolution of the City of San Bernardino approving
Amendment No. 1 to Consultant Services Agreements with the fmns of
Willdan and Transportation Engineering and Planning, Inc. to provide on-
eall traffic engineering services.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-58 was adopted IInanimously with Kelley absent and the Fourth Ward
vacant.
14. RES. 2009-51 - Resolution of the City of San Bernardino approving Utility
Agreement Nos. 18720, 19740, 21245 and 20887 with the State of California,
Department of Transportation (CaItrans) for the relocation of City sewer
facilities per Plan Nos. 12574 & 12517 due to the widening of the 1-215 and I-
210 freeways.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized to
amend the FY 2008109 budget by appropriating a total of $4,903,200 in
expenditures in Account No. 242-362-5504-7848 and a corresponding amount in
reyenues to be reimbursed by Caltrans for project "SW09-03 1-215 Sewer
Relocations;" and that said resolution be adopted. The motion carried and
Resolution No. 2009-51 was adopted IInanimously with Kelley absent and the
Fourth Ward vacant.
6
03/16/2009
15. RES. 2009-52 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Finance Director to increase Purchase Order
No. 209400 by an additional $10,000 to Waxie Sanitary Supply for custodial
supplies.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-52 was adopted unAnimously with Kelley absent and the Fourth Ward
vacant.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
awarding a bid for lease purchase financing to First Municipal Leasing
Corporation for the purchase of twelve (12) refuse trucks.
Council Member/Commissioner Estrada asked Finance to proYide her with an
update of the mid-year budget reYiew so she could see how much money was left
in the Integrated Waste Management expenditure saYings fund.
Council Member/Commissioner McCammack stated that this was not a lease-it
was a 7-year bond issue. She stated that this will affect the City's bond rating
and the ability to borrow through other types of bonds.
Discussion ensued regarding the lease financing for the purchase of the 12 refuse
trucks.
City Attorney Penman stated that Sr. Assistant City Attorney Wilson had
reyiewed this as a lease purchase; however, he had not seen the bond documents
that Councilmember McCammack was referring to. He requested that this matter
be continued so that his office could reyiew the bond documents.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
CouncillCommission meeting of April 20, 2009, in order to giye the City
Attorney the opportunity to reyiew the documents and that staff be directed to
look at different funding mechanisms. The motion carried unAnimously with
Kelley absent and the Fourth Ward vacant.
17. RES. 2009-53 - Resolution of the Mayor and Common Council amending
Resolution No. 2006-7 regarding the Lease and Service Agreement with the
San Bernardino International Airport Authority.
7
03/16/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-53 was adopted unanimously with KeUey absent and the Fourth Ward
vacant.
18. RES. 2009-56 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Interim City Manager to execute an
agreement for C.I.D. staff and program funding between Friends of C.I.D.
and City of San Bernardino.
The following indiyiduals spoke in support of the Center for Indiyidual
Deyelopment (C.I.D.) program:
Celeste D. William~, 1572 N. Mt. View Ayenue, San Bernardino, CA;
Tamara Battis, 1233 Friar Lane, Redlands, CA;
JaneUe Smith, P.O. Box 6042, Crestline, CA;
Delphine Gardner, 2011 Arden Ayenue, #112, Highland, CA;
J. J. LaBreck, 28577 Village Lakes Rd., Highland, CA;
Trodi Roser, 18739 Mojave Street, Hesperia, CA;
Fannie Sanders, 26125 2300, Highland, CA;
Tracie Cornelison, 2874 N. Wall Ayenue, San Bernardino, CA;
C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA;
Dorothy Liedise;
Slim Callahan, 3734 E. Pacific, San Bernardino, CA.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-56 was adopted unanimously with KeUey absent and the Fourth Ward
vacant.
19. RES. 2009-54 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a new agreement and issuance of
a new purchase order in the amount of $14,000 to IWORQ Systems
Incorporated for the establishment of remote data coUection in the Sewer
Maintenance and Graffiti Removal Sections of the Public Services
Department.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-54 was adopted unanimously with KeUey absent and the Fourth Ward
vacant.
8
03/16/2009
20. RES. 2009-55 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the revised records retention schedule for the City
of San Bernardino Municipal Water Department.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-55 was adopted unanimously with Kelley absent and the Fourth Ward
vacant.
21. Set a public hearing for Monday, April 6, 2009, at 4:00 p.m. in the City Hall
Council Chambers to discuss the adjustment of various user fees and the
estabIishment of new user fees
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke in opposition to
the proposed increase of yarious fees such as animal control and weed abatement.
Council Member/Commissioner McCarnmack requested that the fees relative to
the multi-family inspection program be reyisited.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that a public hearing be set for Monday, April
6, 2009 at 4:00 p.m., in the Council Chambers of City Hall, to discuss the
adjustment and establishment of yarious user fees. The motion carried. Ayes:
Estrada, Baxter, Brinker, Johnson. Nays: McCammack. Absent: Kelley.
Vacant: Fourth Ward.
22. RES. 2009-59 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager or his designee to accept and
adminill(er an award from the Department of Homeland Security (DHS) in
the amount of $388,364.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. . Resolution No.
2009-59 was adopted unanimously with Kelley absent and the Fourth Ward
vacant.
23. Item deleted
24. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) -
Appeal of the Planning Commiw.on's denial of a conditional use permit to
convert an existing 6,747 square foot church buDding into a 56-bed homeless
shelter with related support facilities and office space located at 840 North
Sierra Way in the RM, Residential Medium, land use district
9
03/16/2009
Mayor Pro- Temporel Acting Chairman Johnson opened the hearing.
Terri Rahhal, Deyelopment Services Department Deputy DirectorlCity Plarmer,
stated that the project site is approximately one-half acre and is located on the
west side of Sierra Way, between 8th and 9th Streets. The appellant is Human
Potential Consultants, LLC (HPC), which proYides shelter and career
deyelopment services including job training, independent living skills, instruction
and other support services. She stated that the applicant had originally proposed
this project as a 56-bed facility, but after hearing concerns from staff regarding
the residential density, the applicant yolunteered to reduce the capacity to 36
beds. Another reyision proposed yoluntarily by the applicant was to accept a time
limit on the conditional use permit requiring use to be discontinued upon opening
of the Lincoln II Elementary School, which is plarmed to be constructed at the
southwest comer of Sierra Way and 8th Street near the site.
Ms. Rahhal stated that the Planning Commission considered this proposal and
they heard concerns from neighbors and staff, including the Police Department.
Many of the concerns were related to security of the site, measures that would be
taken to secure the site, and the potential impacts that residents of the facility
rnight haye on the surrounding neighborhood. Police Lieutenant Ronald Maass
met with the applicant before the Planning Commission meeting and he also
appeared at the Planning Commission hearing to testify. He gaye some positive
feedback about the program, but adyised the Planning Commission against
approYal of the CUP largely due to the location of the domestic yiolence shelter
in the Yicinity of the project site. Ms. Rahhal stated that this is a yery sensitiye
land use due to the fact that a domestic yiolence shelter relies on a high degree of
discretion and anonymity to remain successful in the community. In a memo
addressed to the Plarming Commission Lt. Maass also cited concerns about the
potential impact on police seryices based on extraordinary calls for service that
may be expected to occur in the yicinity.
Ms. Rahhal stated that another speaker at the Planning Commission hearing was
Velda Griffin, Executiye Director of Option House, who provided a brief history
of Option House to the Planning Commission and stressed the impact that the
presence of a homeless shelter of this type could haye on residents of that facility,
and also the fact that the residents of a domestic yiolence shelter are particularly
fragile and their well being depends on a sense of security.
Ms. Rahhal stated that the Council receiYed a letter from Protima Pandey, Vice-
President of the Board of Directors of Option House, Inc. stating that she and
Velda Griffin wanted to address the Council on this matter, but they were called
away to Sacramento on some funding issues relatiye to their operation and could
not be present. Ms. Pandey requested that the hearing be continued to April 6,
2009, so they may be giyen an opportunity to voice their concerns. Ms. Rahhal
10
03/16/2009
requested that this matter be continued to April 6, 2009, to allow additional
testimony as requested.
Debra Pole, partner in the law firm of Sidley Austin, 555 W. 51b Street, Los
Angeles, CA, representative for HPC on a pro bono basis, made a PowerPoint
presentation and distributed hard copies of the presentation to the Council and
City officials. The following documents were submitted into the record by Ms.
Pole:
. Community Action Partnership of San Bernardino County, San Bernardino
County 2007 Homeless Census and Survey Comprehensive Report;
. City of San Bernardino Housing Element, dated July 2003;
. Index of Documents Constituting the Record Before the San Bernardino
Common Council & Mayor on March 16, 2009: Agenda Item No. 24,
Appeal of the Planning Commission's Denial of Human Potential
Consultants' Application for Conditional Use Permit No. 08-21 (Appeal
No. 08-07).
In closing, Ms. Pole stated that the City has an undeniable homeless problem and
not nearly enough shelter beds to address the problem, and that the problem is
getting worse as the foreclosure pandemic deepens. She stated that HPC provides
a service that the City needs and the Planning Commission should not stand in the
way of this project. She added that Senate Bill 2 was passed to prevent situations
like this one. Ms. Pole advised that HPC was prepared to seek a writ of
administrative mandate if the Planning Commission's decision was upheld, which
would undoubtedly result in the expenditure of substantial time, effort and
expense by both HPC and the City that could be better spent serving the City's
homeless population.
Ms. Pole stated that this appeal presents important land use, housing policy and
homelessness prevention issues. She stated that it also presents the opportunity
for the City to be a leader on these issues, set an example for other cities and help
meet a stated goal to provide adequate emergency shelters for its underserved
homeless population. Ms. Pole requested that the Council overrule the Planning
Commission's decision and grant HPC's conditional use permit to operate an
emergency homeless shelter at the Sierra Way location. She noted that the
addition of this shelter, which would be housed in an already existing structure,
would not destroy the integrity or character of the area.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
11
03/16/2009
Dr. Garnett Newcombe, CEO and Co-Founder of HPC, SOO E. Carson Plaza
Drive, Suite 127, Carson, CA, provided information regarding HPC's proposed
emergency homeless shelter such as location, potential residents, staff training,
funding sources, etc.
Dedra Norville, COO of HPC, answered questions posed by members of the
Council regarding referral and funding sources for this program. She stated that
violent offenders would not be accepted into the program, but they could be on
parole or probation.
William Long, 840 "D" Street, San Bernardino, CA, Treasurer and Member of.
the Board of Directors of Option House, Inc., spoke in opposition to the proposed
homeless shelter.
Darlene Toole, speaking on behalf of Option House, Inc., read the following into
the record:
· A letter addressed to Mayor Patrick Morris from Protima Pandey,
Attorney At Law, Vice-President, Board of Directors, Option House,
Inc., dated March 11, 2009;
· A letter addressed to Mayor Patrick Morris from Velda Griffin, Executive
Director, Option House, Inc., dated March 12, 2009.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that there are a
lot of homeless people in the City and they need a facility.
C. Patience Summers, 868 E. Rialto, San Bernardino, CA, stated that the
proposed homeless shelter should not be allowed to move in next to Option
House.
Council Member/Commissioner Estrada stated that they had received a lot of
information and she was not ready to vote. She asked that the City Attorney's
Office review the matter further.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of April 6, 2009, in order to allow further review
by the City Attorney's office. The motion carried unanimously with Kelley
absent and the Fourth Ward vacant.
12
03/16/2009
25. Norton Space and Aeronautics Academy - Reimbursement Agreement for
WaiverlReimbursement of Fees (Continued from December 1, 2(08)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
CouncillCommission meeting of July 6,2009. The motion carried unanimously
with Kelley absent and the Fourth Ward vacant.
26. Resolution of the Mayor and Common Council of the City of San Bernardino
approving a side letter to Resolution No. 2005-66 for full-time, fire safety
employees, adding langnage in Article IV, Fringe Benefits: Section 1,
HealthlRelated Insurance; Section 4, Deferred Compensation; Section 7,
Vacation and Holiday Sell-Back; Section 8, Welfare Benefit Trust; and
Article V, Leave Provisions: Section 1, Vacation; adding Section 7, Fire
Leave; and Article VII, General Provisions, Section 2, Term of
Memorandum of Understanding (MOU). (Continued from March 2, 2009)
Council Member/Commissioner McCammack made a motion, seconded. by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of April 6, 2009. The motion carried
unanimously with Kelley absent and the Fourth Ward vacant.
27. Municipal Code Section 2.01.010 Mayor Pro-Tempore - Election of Mayor
Pro-Tempore
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, nominating Council Member/Commissioner
Rikke Van Johnson to serve as Mayor Pro-Tempore until March 15,2010. No
vote was taken.
Council Member/Commissioner McCammack requested that this item be
postponed to the next Council meeting when Counci1man Kelley and the newly-
elected Fourth Ward Council Member would be present.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of April 6, 2009. The motion carried unanimously with
Kelley absent and the Fourth Ward vacant.
13
03/16/2009
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor Pro-Tempore/Acting Chairman Johnson; Council Members/
Commissioners Estrada, Baxter, Brinker, Johnson, McCammack; City
Attorney Penman, Economic Development Agency Interim Executive
Director Marzullo and Agency Council Sabo; City Clerk Clark.
Absent:
Council Member/Commissioner Kelley
Vacant:
Fourth Ward
R28. Public Hearing - ERAF Redevelopment Project Area Plan Amendments
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the State College Redevelopment Plan; Extending the time
limit for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the State College Redevelopment Project Area; and
making other findings in connection therewith (State College Redevelopment
Project Area) (R28A)
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Central City North Redevelopment Plan; Extending the
time limit for payment of indebtedness and receipt of property taxes under
the redevelopment plan for the Central City North Redevelopment Project
Area; and making other rmdings in connection therewith (Central City North
Redevelopment Project Area) (R28B)
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Central City West Redevelopment Plan; Extending the
time limit for payment of indebtedness and receipt of property taxes under
the redevelopment plan for the Central City West Redevelopment Project
Area; and making other findings in connection therewith (Central City West
Redevelopment Project Area) (R28C)
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Southeast Industrial Park Redevelopment Plan;
Extending the time limit for payment of indebtedness and receipt of property
taxes under the redevelopment plan for the Southeast Industrial Park
Redevelopment Project Area; and making other rmdings in connection
therewith (Southeast Industrial Park Redevelopment Project Area) (R28D)
14
03/16/2009
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Northwest Redevelopment Plan; Extending the time limit
for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the Northwest Redevelopment Project Area; and
malcing other rmdings in connection therewith (Northwest Redevelopment
Project Area) (R28E)
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Tri City Redevelopment Plan; Extending the time limit
for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the Tri City Redevelopment Project Area; and
making other rmdings in connection therewith (Tri City Redevelopment
Project Area) (R28F)
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the South Valle Redevelopment Plan; Extending the time limit
for payment of indebtedness and receipt of property taxes under the
redevelopment plan for the South Valle Redevelopment Project Area; and
malcing other findings in connection therewith (South Valle Redevelopment
Project Area) (R28G)
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Meadowbrook/Central City Redevelopment Plan;
Extending the time limit for payment of indebtedness and receipt of property
taxes under the redevelopment plan for the Meadowbrook/Central City
Redevelopment Project Area; and makil1g other findings in connection
therewith (Meadowbrook/Central City Redevelopment Project Area) (R28H)
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Central City South Redevelopment Plan; Extending the
time limit for payment of indebtedness and receipt of property taxes under
the redevelopment plan for the Central City South Redevelopment Project
Area; and making other findings in connection therewith (Central City South
Redevelopment Project Area) (R28I)
Ordinance of the City of San Bernardino extending the time limit to the
effectiveness of the Central City East Redevelopment Plan; Extending the
time limit for payment of indebtedness and receipt of property taxes under
the redevelopment plan for the Central City East Redevelopment Project
Area; and making other rmdings in connection therewith (Central City East
Redevelopment Project Area) (R28J)
Note: No backup materials were distributed.
15
03/16/2009
Mayor Pro-Tempore/ Acting Chairman Johnson opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council!Commission meeting of April 6, 2009. The motion carried
unanimously with Kelley absent and the Fourth Ward vacant.
R29. Master Cooperative Agreement for the sbX Bus Rapid Transit Project by
Omnitrans (Continued from March 2, 2009)
Resolution of the Mayor and Common Council of the City of San Bernardino
approving and authorizing the Interim City Manager to execute a Master
Cooperative Agreement by and between the City and Omnitrans (sbX Bus
Rapid Transit Project). (R29A)
Resolution of the Community Development Commi....;on of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino to execute a Master
Cooperative Agreement by and between the Agency and Omnitrans (sbX Bus
Rapid Transit Project). (R29B)
Note: Resolution No. R29A was not distributed with the backup materials.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council!
Commission meeting of April 6, 2009. The motion carried unanimously with
Kelley absent and the Fourth Ward vacant.
R30. RES. CDC/2009-10 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Professional Services Agreement by and
between the Agency and The Fransen Company, for the preparation of a
CommerciallRetail Strategy and develop a Marketing Potential Report for
the Downtown Core Concept/Vision Plan in the amount not to exceed
$110,000.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-10 was adopted unanimously with Kelley absent and the Fourth
Ward vacant.
16
03/16/2009
R31. Application for Community-Based Transportation Planning (CBTP) Grant
Program Funds
RES. 2009-60 - Resolution of the Mayor and Common Council of the City of
San Bernardino consenting and approving the Interim City Manager of the
City of San Bernardino ("City") to submit an application to Caltrans for
Community-Based Transportation Planning (CBTP) Grant Program Funds.
(R31A)
RES. CDC/2009-11 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to submit sub-recipient documents for Community-
Based Transportation Planning (CBTP) Grant Program Funds. (R31A)
Council Member/Commissioner McCammack asked if she could get a list of what
was included in this grant application process and requested that that information
be provided to the Council in the future.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2009-60 and Community
Development Commi!lSion Resolution No. CDC/2009-11 were adopted
unanimously with Kelley absent and the Fourth Ward vacant.
32. Public Comments
Rev. Betty J. Long, 854 N. Lugo Avenue, San Bernardino, CA, reported that
she was robbed of some clothing and money and asked that it be returned.
C. Patience Summers, 868 E. Rialto Avenue, San Bernardino, CA, stated that
the City's graffiti problem is getting worse and there should be a law that requires
that the kids who are responsible be held accountable by making them buy the
paint and clean up the mess. She also spoke about the Operation Phoenix
program.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the City has
bigger problems than just graffiti. He spoke about the current state of the
economy and stated that someone needs to figure out how to bring the industrial
base back to this county and back to this community.
17
03/16/2009
33. Adjournment
At 7:27 p.m., the meeting adjourned. The next joint regular meeting is scheduled
for 1:30 p.m., Monday, April 6, 2009.
RACHEL G. CLARK
City Clerk
Byct~A {M'h~A~~./
Linda Sutherland
Deputy City Clerk
18
03/16/2009
.
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor PoJrick J. Morris
Cowu:U M.mben:
Esther EstrodiJ
D.nnis J. Baxter
Tobin Brinker
4" Ward - Vacant
CIws Kelley
Rikke Van Johnson
Wendy McCammllck
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT SPECIAL MEETING
MARCH 19,2009
COUNCIL CHAMBERS
NOTICE IS HEREBY GIVEN that the Mayor and Common Council and Community
Development Commission of the City of San Bernardino have called a joint special
meeting of the Mayor and Common Council and Community Development Commission
for 5 p.m., Thursday, March 19, 2009, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
The purpose for which this meeting was called was: 1) to discuss one item in closed
session regarding personnel - Public Employee Appointment - City Manager; 2) to
discuss and adopt a resolution authorizing execution of an Employment Agreement and a
Transitional Services Agreement between the City of San Bernardino and Charles E.
McNeely; and 3) to discuss and adopt a resolution authorizing the execution of the First
Amendment to Employment Agreement between Mark F. Weinberg and the City of San
Bernardino.
The special 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 5:08 p.m., Thursday, March 19, 2009, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
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Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Kelley, McCammack; City Attorney Penman, Interim
City Manager Weinberg, City Clerk Clark.
Absent:
Council Member/Commissioner Johnson
Vacant:
Fourth Ward
I. Closed Session
Pursuant to Government Code Section(s):
A. Closed Session - personnel - pursuant to Government Code Section
54957:
Public Employee Appointment
City Manager
Closed Session Announcement
City Clerk Clark announced that in closed session a motion was made, seconded and
unanimously approved confirming the recommendation of the Mayor to appoint Charles
McNeely as City Manager.
2. RES. 2009-61 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing execution of an Employment Agreement between
Charles E. McNeely and the City of San Bernardino for the position of City
Manager to commence June 1, 2009, and authorizing negotiation of a
Transitional Services Agreement between the City of San Bernardino and
Charles E. McNeely during the interim period until June 1, 2009.
Council Member/Commissioner McCammack stated that she was concerned about
the total amount of Mr. McNeely's package; therefore. out of respect to those
City employees who have made sacrifices during the recent budget crisis as well
as those employees who lost their jobs last fiscal year and those who will be
losing their jobs this fiscal year, she stated that she would abstain from voting on
this matter. She stated that she was also concerned about some of the overlapping
costs relative to the Interim City Manager.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that full reading be waived; and that said
resolution be adopted. The motion carried and Resolution No. 2009-61 was
adopted. Ayes: Estrada, Baxter, Brinker, Kelley. Nays: None.
Abstentions: McCammack. Absent: Johnson. Vacant: Fourth Ward.
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3. RES. 2009-62 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of the First Amendment to
Employment Agreement between Mark F. Weinberg and the City of San
Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that full reading be waived; and that said
resolution be adopted, amending the First Amendment to Employment Agreement
between Mark F. Weinberg and the City of San Bernardino by adding Section 3,
Compensation, to read as follows: Weinberg shall be paid on a per diem basis
for each day on the job at City Hall. Said per diem shall be based on contract
salary of $25,000 per month less 10%. The motion carried and Resolution No.
2009-62 was adopted unanimously with Johnson absent and the Fourth Ward
vacant.
4. Adjournment
At 6:20 p.m., the meeting adjourned. The next joint regular meeting is scheduled
for 1:30 p.m., Monday, April 6, 2009.
RACHEL G. CLARK
City Clerk
By~1;t/u.~~ /
Linda Sutherland
Deputy City Clerk
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