HomeMy WebLinkAbout05-01-2006 MinutesCITY OF SAN BERNARDINO
300 N. "D "Street
San Bernardino, CA 92418
Website: www.sbcity.org
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 1, 2006
COUNCIL CHAMBERS
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Gordon McGinnis
Neil Derry
Char Kelley
Rikke Van Johnson
Wendy McCammack
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 1:36 p.m., Monday, May 1, 2006, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present: Mayor/
Chairman Morris; Council Members/Commissioners Estrada, Baxter, McGinnis, Derry,
Johnson; Assistant City Attorney Easland, City Clerk Clark, City Manager Wilson.
Absent: Council Members/Commissioners Kelley, McCammack.
Council Member/Commissioner Kelley Arrived
At 1:51 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Tom Gronewald, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 114580;
James W. Kemp v. County of San Bernardino; City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCVSS 130936;
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Hassan v. City of San Bernardino et al. - United States Central District
Court Case No. EDCV 05-328 VAP.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
Claim filed by WLC Architects, Inc. dated February 7, 2006
Agenda Item No. 17
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
Inland Empire 66ers
City v. Burrtec
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
40`h Street Redevelopment Project Area
1. Property Address: 259 East 49' Street
APN 0154-126-03
Negotiating Parties: Maggie Pacheco, Executive Director
on behalf of the Redevelopment
Agency, as buyer, and Montes D.
Maribel, property owner/seller
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Under Negotiation: Purchase price, terms & conditions
Assistant City Attorney Easland announced that the following additional item
would be discussed in closed session under Agenda Item No. 1B, Conference
with legal counsel - anticipated litigation - significant exposure to litigation:
Agenda Item No. 8.
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/Chairman Morris expressed condolences to the families and requested a moment
of silence in memory of Maxine Kraft, who had the distinction of having been the first
woman appointed to the City's Police Commission and also served on the Civil Service
Board for ten years; Harold Stuart "Stu" Southworth, who taught at Pacific High School
and went on to teach and coach at San Gorgonio High School; and Oscar Perrier, who
retired in 2003 as the Senior Recreation Supervisor of Senior Centers and Playgrounds
after working for the City for 33 years.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Petra Malleis-Stemberg of the First
Congregational Church of Christ, followed by the pledge of allegiance, led by Council
Member/Commissioner Estrada.
2. Appointments
There were no commission appointments.
3. Presentations & Proclamations
Peggi Hazlett, Assistant to the Mayor, announced that the Finance Department
recently received two awards: the "Outstanding Financial Reporting 2004-2005
Award," conferred by the California Society of Municipal Finance Officers; and
the Certificate of Achievement for Excellence in Financial Reporting presented by
the Government Finance Officers Association. Mayor Morris presented the
awards to Barbara Pachon, Finance Director, and Gary Silvius, Accounting
Manager, and congratulated the Finance Department for their achievement.
Mayor Morris issued a proclamation designating the month of May 2006 as
"Veterans Appreciation Month," and presented Certificates of Appreciation to
United States Army Veteran Edward Montoya and United States Navy Veteran
Gene Ramirez.
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A proclamation designating the month of May 2006 as "Law Enforcement
Month" was accepted by Jack Hill, Vice Chairman of the Community Support
Division of the San Bernardino Area Chamber of Commerce.
Councilman McGinnis presented the Citizen of the Month Award to James J.
Eble for his involvement in the community.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic and community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
6. Council Minutes
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting of the
Mayor and Common Council/Community Development Commission be approved
as submitted in typewritten form: March 27, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
7. Claims & Payroll
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated April 20, 2006, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
4 05/O1/2006
8. Personnel Actions
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated April 25, 2006 in accordance with Civil Service rules and
Personnel policies adopted by the Mayor and Common Council of the City of San
Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
9. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to
Government Code Section 8630 (c)(1)
Note: No backup materials were distributed.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council confirm
the need for continuing in effect the local emergency caused by the Old Waterman
Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
10. Workshop concerning goals and priorities for FY 2006/07
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that a workshop be scheduled for Monday, May
22, 2006 at 5:00 p.m. in the Foundation Board Room, Cal State San Bernardino.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
11. RES. 2006-114 — Resolution of the City of San Bernardino approving an
Agreement for Professional Architectural and Engineering Services with
Owen Design Group, Inc. for design and construction of the Santa Fe Depot
Parking Structure project (GB04-19).
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
5 05/01/2006
Resolution No. 2006-114 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
12. RES. 2006-115 - Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission for providing City
sewer services to property within unincorporated territory generally located
north of Cajon Boulevard and west of Palm Avenue.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to initiate proceedings for the provision of City sewer services outside
of City boundaries for property located north of Cajon Boulevard and west of
Palm Avenue; and that said resolution be adopted.
The motion carried and Resolution No. 2006-115 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
13. RES. 2006-116 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Conengr Corporation for
construction of ADA access ramps and sidewalk at various locations, (SSO4-
65) Safe Routes to Schools, per Plan No. 11023.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2005/06 budget by transferring $156,600 from Account No. 129-
367-5504-7383 (SSO4-64) "Pavement Rehabilitation for Two Lanes & 24-inch
Gas Line" to Account No. 129-367-5504-7378 (SSO4-65) "Safe Routes to Schools
ADA Improvements at Various Locations"; that the Director of Finance be
authorized to amend the FY 2005/06 budget by transferring $156,600 from
Unallocated Infrastructure Loan Bank Contingencies to new Account No. 240-
379-5504-7383 (SSO4-64) "Pavement Rehabilitation for Two Lanes & 24-inch
Gas Line"; and that said resolution be adopted.
The motion carried and Resolution No. 2006-116 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
14. Resolution of the City of San Bernardino approving a Professional Services
Agreement with LAN Engineering Corporation to provide engineering
services for the design of Old Waterman Canyon Bridge replacement.
Note: No resolution was included in the backup materials.
6 05/01/2006
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of May 15, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
15. Authorize execution of Contract Change Order No. One to the contract with
Olivas Valdez, Inc., for street widening improvements on Palm Avenue at
BNSF Railroad Grade Crossing north of Cajon Boulevard (SS O4-04) per
Plan No. 11354
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to execute Change Order No. One in the amount of $20,668 to the
contract with Olivas Valdez, Inc. for street widening improvements on Palm
Avenue at BNSF Railroad Grade Crossing north of Cajon Boulevard (SS O4-04)
per Plan No. 11352.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
16. Authorize execution of Contract Change Order No. One to the contract with
David T. Wasden, Inc., for the replacement of sewer manholes at various
locations in the City of San Bernardino (SW05-08) per project Plan No.
11341
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2005/06 budget by transferring $96,600 from the unallocated
Sewer Maintenance Fund (Fund 132) to Account No. 132-431-5505-7472,
"Replacement of Sewer Manholes at Various Locations" (SW05-08);
That the Director of Finance be authorized to amend the FY 2005/06 Revenue
and Expenses budget in the Sewer Maintenance Fund (Fund 132) to add $23,700
from the San Bernardino Municipal Water Department per Item 1-9 of the change
order; and
That the Director of Development Services be authorized to execute Change
Order No. One in the amount of $120,272.77 to the contract with David T.
Wasden for the "Replacement of Sewer Manholes at Various Locations" (SW05-
08) per project Plan No. 11341.
7 05/01/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
17. Authorization to pay WLC Architects, Inc. for value engineering and
rebidding services for the Verdemont Fire Station #232 Project, in the
amount of $20,000
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council authorize
payment of $20,000 to WLC Architects, Inc. for additional value engineering and
design services for the Verdemont Fire Station #232 Project; and that the Director
of Finance be authorized to transfer $20,000 from salary savings in Account No.
001-325-5111 to Professional Contract Services, Account No. 001-321-5502.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
18. RES. 2006-117 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance or designee to issue a
purchase order in the amount of $53,265 to Bureau Veritas for inventory and
valuation of the City's Infrastructure assets as required by Governmental
Accounting Boards Statement No. 34 (GASB 34).
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-117 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
19. RES. 2006-118 — Resolution authorizing and approving the borrowing of
funds for Fiscal Year 2006-2007; the issuance and sale of a 2006-2007 Tax
and Revenue Anticipation Note therefor and participation in the California
Communities Cash Flow Financing Program.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-118 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
8 05/01/2006
20. RES. 2006-119 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a purchase order in the amount of $65,030 to
Fleming Environmental Inc. for the purchase and installation of playground
equipment and surface material (ADA compliant) located at Harrison
Canyon Park.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-119 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to sign a Lease Agreement with the County of San
Bernardino Real Estate Services for offsite office space on behalf of the San
Bernardino Police Department.
Note: No resolution was included in the backup materials.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of May 15, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
22. RES. 2006-120 - Resolution of the City of San Bernardino authorizing the
Police Department to submit a FY 2006 Juvenile Accountability Block Grant
(JABG) application with the California Department of Corrections and
Rehabilitation and administer the grant award.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-120 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
23. RES. 2006-121 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to the Purchase Order for Bryan
A. Stirrat & Associates for permits, design, and equipment acquisition to
begin installation of gas treatment system for Waterman Landfill.
9 05/01/2006
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-121 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
24. An Ordinance of the City of San Bernardino amending Section 9.68.010
(A)(1) of the San Bernardino Municipal Code relating to curfew during the
City sponsored Market Night by adding Subsection (A)(1)(c). FIRST
READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
25. Request for fee waivers - Home of Neighborly Services - Juan Pollo Fiesta
Route 66 Parade - May 6, 2006
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the request by the Home of Neighborly
Services for a waiver of fees in the amount of $3,565 in connection with their
Juan Pollo/Fiesta Route 66 Parade scheduled for May 6, 2006, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
26. Reclassification and reorganization of the City Manager's Office
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council:
Reclassify the position of Senior Administrative Analyst from Range 4488,
$5,062-$6,153/month to Assistant to the City Manager, Range 5443, $6,660-
$8,095/month;
Add one (1) Administrative Analyst I position, Range 4440, $3,984-
$4,843/month; and
Authorize the Director of Human Resources to update Resolution Nos. 2005-428
and 97-244 to reflect these actions.
10 05/01/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
27. Reorganization of the Mayor's Office
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council:
Approve the reclassification of three (3) Assistant to the Mayor I positions, Range
4488, $5,062-$6,153/month to Assistant to the Mayor, Range 4498, $5,321-
$6,468/month;
Delete the positions of Assistant to the Mayor I, Range 4488, $5,062-
$6,153/month and Assistant to the Mayor II, Range 4507, $5,565-$6,765/ month;
Create the position of Mayor's Chief of Staff, non -salaried; and
Authorize the Director of Human Resources to update Resolution Nos. 2005-428
and 97-244 to reflect these actions.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
28. Reclassifications and reorganization of the Workers' Compensation Division
of the Human Resources Department
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council:
Reclassify the position of Workers' Compensation Specialist, Range 1387,
$3,059-$3,718/month to Workers' Compensation Adjuster, Range 1449, $4,167-
$5,065/month;
Reclassify the Workers' Compensation Assistant position, Range 1342, $2,444-
$2,971/month to Workers' Compensation Medical Only Adjuster, Range 1372,
$2, 83 8-$3 , 450/month;
Add one (1) Account Clerk II position, Range 1331, $2,313-$2,812/month; and
Authorize the Director of Human Resources to update Resolution Nos. 2005-428
and 97-244 to reflect these actions.
11 05/01/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
29. Reclassification and reorganization of the Finance Department
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council:
Add one (1) Account Clerk I position, Range 1312, $2,104-$2,558/month;
Increase the salary range of the Deputy Director of Finance/Budget Manager
position from Range 4538, $6,496-$7,896/month to Range 4562, $7,322-
$8,900/month;
Create one (1) Financial Analyst position, Range 3467, $4,559-$5,54 1 /month;
and
Authorize the Director of Human Resources to update Resolution Nos. 2005-428
and 97-244 to reflect these actions.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
30. Public meeting — formation of a Landscape Maintenance Assessment District
in the Shandin Hills Drive and Shady Creek Drive area (Tract No. 14254 —
AD 1042)
Mayor/Chairman Morris opened the public meeting.
James Funk, Director of Development Services, provided highlights of the staff
report.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the public meeting relative to the formation
of the Shandin Hills Drive and Shady Creek Drive Area Landscape Maintenance
Assessment District No. 1042, be closed; and protests and ballots, if any, be
carried over to the public hearing on May 15, 2006, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
12 05/01/2006
31. Public hearing - Resolution authorizing execution of agreement - sale of a
portion of City Water Department owned parcel of real property generally
located southwesterly of Kendall Drive and Cajon Boulevard (Continued from
April 17, 2006)
RES. 2006-123 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Purchase and Sales Agreement and Joint
Escrow Instructions and the execution of a Grant Deed for the sale of a
portion of City Water Department owned parcel of real property generally
located southwesterly of Kendall Drive and Cajon Boulevard in the City of
San Bernardino.
The hearing remained open.
No public comments were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-123 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
32. Resolution amending Resolution No. 2005-147 deleting EMS User Fees; and
an ordinance repealing Chapter 3.72 of the San Bernardino Municipal Code.
(Continued from April 17, 2006)
RES. 2006-122 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution Number 2005-147 deleting EMS
User Fees and authorizing the Fire Chief to terminate the billing services
agreement.
Ordinance of the Mayor and Common Council of the City of San Bernardino
repealing Chapter 3.72 of the San Bernardino Municipal Code. FIRST
READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that said
ordinance be laid over for final adoption.
The motion carried and Resolution No. 2006-122 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson. Nays: Council Member/Commissioner McGinnis. Absent: Council
Member/Commissioner McCammack.
13 05/01/2006
33. Park Naming - Electric Avenue Heritage Park
Christian Tobar, board member of the Community Redevelopment Alliance of
San Bernardino, 103 E. 47' Street, San Bernardino, CA, stated that when he was
doing his research he found out what a fascinating history San Bernardino had;
particularly this area where you can still see some homes to the north dating back
to the 1890s. He stated that naming the 4.68 acres of public park property
located on the east side of Electric Avenue, between 40" Street to the north of
Northpark Boulevard, as Electric Avenue Heritage Park would give the area a
much needed boost.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that the 4.68 acres of public park property
located on the east side of Electric Avenue, between 40" Street to the north of
Northpark Boulevard, be named Electric Avenue Heritage Park.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
34. RES. 2006-124 - Resolution of the Mayor and Common Council of the City
of San Bernardino in support of the Sexual Predator Punishment and Control
Act of 2006, known as Jessica's Law.
Tom Kanavos, 1962 Turrill Avenue, San Bernardino, CA, stated that this is a
very sensitive, media -driven issue and everyone wants to take care of children.
He stated that a very small percentage of registrants are dangerous, and if you put
GPS transponders on every registrant the cost factor would be around $60,000
per day just for San Bernardino County. Mr. Kanavos stated that if a person
makes one mistake in their life which is terrible, they are categorized as a deviate
for the rest of their life. He stated that the same laws that put them in jail for
what they did should allow them to reintegrate into society.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-124 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
35. Council Dais Lights
Mayor/Chairman Morris announced that he had been advised that the dais lights
were now working.
14 05/01/2006
Council Member/Commissioner Kelley stated that the request to repair the lights
was to enable the Council Members to be recognized by the Mayor or the Mayor
Pro Tern so they would not have to say "point of order" or "through the Chair,"
which would enable them to work more efficiently and effectively.
Mayor Morris stated that because the lights had been repaired, no action was
necessary.
36. Display United States Flag on Memorial Day, Flag Day and Fourth of July
Mayor/Chairman Morris announced that the flag now flying above City Hall is a
22' x 30' flag of our great Country and it is proudly flown and will be displayed
not only on the days requested by Mr. Kelley, but every day.
Council Member/Commissioner Kelley stated that displaying the American flag
above City Hall is done every day; however, his request was to display the flag
along the side of the building so that it could be displayed prominently and
proudly. He asked that September 11 and Veteran's Day be added to his original
request. He stated that he would like to see the American flag displayed on the
side of the building as was done after the 9/11 attacks during the Route 66
Rendezvous. He stated that he had discussed the matter with Jim Sharer,
Facilities Manager, and was told that lighting could be arranged.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the Facilities Management Department be
directed to display the 22' x 30' U.S. Flag on Memorial Day, Flag Day, Fourth
of July, September 11 and Veteran's Day.
Mayor/Chairman Morris asked what would be the approximate cost of lighting
and displaying the American Flag on the side of City Hall on the specified days.
Fred Wilson, City Manager, stated that the costs were estimated to be $3,000 to
$5,000 to install the lighting and display the flag on those days.
James Smith, 1156 E. 24' Street, San Bernardino, CA, stated that the Elks
Lodge had procured a new flag for City Hall and it would be presented to
Councilman Baxter on Flag Day, June 14.
Mr. Smith stated that he hoped it was a continuing goal of the City of San
Bernardino to again be named "All America City" and he encouraged the City to
fly the flag on the specified days no matter what the cost.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that there have
been many times when the government has hidden corrupt policies behind the
flag, like with Vietnam and Iraq.
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Council Member/Commissioner McGinnis stated that he felt the large flag should
be held in reserve for special occasions or events such as the passing of a
president or when something happens to our Nation as a whole.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Baxter, Derry, Kelley. Nays: Council Members/Commissioners
Estrada, McGinnis, Johnson. Absent: Council Member/Commissioner
McCammack. (Note: Mayor/Chairman Morris voted no.)
37. RES. 2006-125 - Resolution of the City of San Bernardino authorizing the
execution of an Agreement with EWM Partners to provide Emil Marzullo's
services for a two-year period as Economic and Community Development
Advisor.
Assistant City Attorney Easland announced that the resolution and agreement had
been revised to substitute EWM Partners in place of Mr. Marzullo, which is a
partnership of Mr. Marzullo. She stated that the terms of the agreement had not
changed.
Rachel Clark, City Clerk, read the title of the revised resolution into the record.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-125 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
38. Discuss and take possible action regarding a revised EMS User Fee Program
James Mulvihill, 407 W. 25' Street, San Bernardino, CA, stated that he
questioned whether people should have to pay for the services they use, or should
people who don't use these services have to pay for them. He stated that he
believed the typical family in San Bernardino rarely used EMS services.
Council Member/Commissioner McGinnis stated that he didn't think it was unfair
to have people pay a small fee to help offset the costs of EMS services.
Council Member/Commissioner Derry stated that he didn't think they should be
addressing this matter and felt that it should be deferred to a committee. He
stated that although he did not have a problem with the exemptions, they were
exempting almost half of the population of the City of San Bernardino from this
fee with the low income and the senior exemptions. Mr. Derry stated that the
other concern he has is the ability of this City to market this program. He added
that a marketing program is expensive and no matter how aggressively they
market it today, it could fall through the cracks.
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Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be referred to the Ways and
Means Committee. (Note: The vote was taken following further discussion.)
Council Member/Commissioner Estrada stated that she thought the
recommendations being made were reasonable and all they have to do is get the
word out.
Larry Pitzer, Fire Chief, stated that approximately 80 percent of their emergency
call volume is emergency medical aid. He stated that in 2005 there were over
21,000 medical aid calls.
The motion made by Council Member/Commissioner Derry, seconded by
Council Member/Commissioner Kelley, failed by the following vote: Ayes:
Council Members/Commissioners Derry, Kelley. Nays: Council Members/
Commissioners Estrada, Baxter, McGinnis, Johnson. Absent: Council Member/
Commissioner McCammack.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council adopt
the revised EMS User Fee Program, and that staff be directed to bring back the
appropriate ordinance and resolution.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Johnson. Nays: Council Members/
Commissioners Derry, Kelley. Absent: Council Member/Commissioner
McCammack.
39. Ethics workshop — EDA Boardroom — 5:30 p.m.
This workshop was intended for information and discussion purposes only. No
action was taken.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson; Senior Assistant City Attorney Calkins, City Clerk Clark,
Economic Development Agency Executive Director Pacheco. Absent: Council
Member/Commissioner McCammack.
17 05/01/2006
R40. RES. CDC/2006-12 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency of the City of San Bernardino to
execute a one (1) year 2006 Legal Counsel Services Agreement with Lewis,
Brisbois, Bisgaard & Smith, L.L.P.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2006-12 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson.
Nays: None. Absent: Council Member/Commissioner McCammack.
R41. Public hearing - recommended allocations of 2006/2007 Community
Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG)
funds, HOME funds and approval of related plans and reports
Resolution of the Mayor and Common Council of the City of San Bernardino
1) Approving the 2006-2007 Community Development Block Grant (CDBG)
and Emergency Shelter Grant (ESG) appropriations and HOME categories;
2) Approving the Year 2006-2007 Consolidated Annual Action Plan; 3)
Authorizing the Mayor to execute and submit to HUD necessary documents
and take all necessary actions for the execution of any contracts; and 4)
Approving the Five (5) Year Impediments to the Fair Housing Plan. (R41A)
Resolution of the Mayor and Common Council of the City of San Bernardino
amending the 2005-2010 Consolidated Plan and the 2005-2006 Annual Action
Plan related to prior HOME allocations for specific affordable housing
projects. (R41B)
Note: No backup materials were distributed.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of May 15, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
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42. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke about current
crude oil reserves and the need to develop alternative energy sources.
Zettie Epps, 1407 W. 111° Street, San Bernardino, CA, stated that she has several
non-compliance problems in her neighborhood relative to weed abatement, an egg
farm, and a residential auto mechanic business. She stated that she has been
calling Code Compliance and Animal Control for the last six months, but she has
not been able to get any resolution.
43. Adjournment
At 7:32 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1:30 p.m., Monday, May 15, 2006, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
No. of Items: 43
No. of Hours: 6
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
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