HomeMy WebLinkAbout08-21-2006 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
AUGUST 21, 2006
COUNCIL CHAMBERS
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Vacant
Neil Derry
Chas 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 1:38 p.m., Monday, August 21, 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, Derry,
Kelley, Johnson, McCammack; City Attorney Pemnan, City Clerk Clark, City
Manager Wilson. Absent: None. Vacant: Third 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):
Culberson v. City of San Bernardino - San Bernardino Superior Court
Case No. SCVSS 131199;
Juventino Flores v. Garcia & Emon - United States District Court Case
No. EDCV 05-505 SGL (JTLx).
08/21/2006
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A -F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
Declaratory Relief Action: City v. County Registrar of Voters
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Jose Vindel of St. Paul's United Methodist
Church, followed by the pledge of allegiance, led by Council Member Baxter.
Moment of Silence
Mayor/Chairman Morris expressed condolences to the families and requested a moment
of silence in memory of George De La Torre, who retired last year after working for
the City's Water Department for over 30 years; Ronald Joseph Hume, who served 30
years with the San Bernardino Police Department, retiring as a Captain in 1986; and
Precious Wesley, a long-time resident and civil rights activist who passed away on
August 13.
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2. Appointments
A. Council Member McCammack - Inland Valley Development Agency
(IVDA) - Mayor Morris
B. Council Member McCammack - San Bernardino International Airport
Authority (SBIAA) (Alternate member) - Mayor Morris
C. Council Member Johnson - San Bernardino Associated Governments
(SANBAG) (Alternate member) - Mayor Morris
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the appointments of Council Member
McCammack as a member of the Inland Valley Development Agency and as an
alternate member of the San Bernardino International Airport Authority, and
Council Member Johnson as an alternate member of the San Bernardino
Associated Governments, as requested by Mayor Morris, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
3. Proclamations & Presentations
Mayor Morris presented the Second Quarter 2006 Customer Service Award to
Jennifer Van Ness, Shelter Office Specialist in the Animal Control Department.
Jennifer was recognized for exhibiting respect, compassion, and knowledge in
her dealings with both internal and external customers, including some four -
legged critters fortunate enough to be "rescued" by Jennifer and adopted out to
caring families in the community.
Mayor Morris and Council Member Derry presented a proclamation designating
August 30, 2006, as Minority Homeownership Day in the City of San
Bernardino to Carlos Rodriguez, Senior Vice President of the Building Industry
Association, Baldy View Chapter.
Council Member Derry made a presentation to Alex Aldasoro, President and
Program Director of the Blast Soccer Club, and Andrea Winter, Marketing
Coordinator of Special Events and Youth Sports, San Bernardino Convention
and Visitors Bureau, commending them for their efforts in bringing the first
Paint Ball Tournament to San Bernardino.
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The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name Department Years of Service
Daniel Alvarez Animal Control 25
Linda Dortch Development Services 5
Edward Golubic Police 20
Donna Rutherford Police 20
Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, 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, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the minutes of the following
meeting(s) of the Mayor and Common Council/Community Development
Commission be approved as submitted in typewritten form: June 20, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated August 2,
2006, from Barbara Pachon, Director of Finance, be approved.
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The motion carried by the
Commissioners Estrada, Baxter
None. Absent: None. Vacant:
8. Personnel Actions
following vote: Ayes: Council Members/
Derry, Kelley, Johnson, McCammack. Nays:
Third Ward.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the personnel actions, as submitted
by the Chief Examiner, dated August 16, 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, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
9. ORD. MC -1229 - An Ordinance of the City of San Bernardino imposing a
General Transactions and Use Tax to be administered by the State Board of
Equalization pursuant to Revenue & Taxation Code Sections 7251 et seq.,
subject to voter approval, and providing for sunset of the tax, and the
creation of a Citizen's Oversight Committee. FINAL READING
(Continued from August 7, 2006)
Note: No backup materials were submitted.
Council Member/Commissioner Kelley advised that he would be abstaining on
this item because he was not present when the first vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC -1229 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack.
Nays: None. Abstentions: Council Member/Commissioner Kelley. Absent:
None. Vacant: Third Ward.
Subsequently, it was noted that a speaker slip had been submitted on this item.
Therefore, Council Member/Commissioner McCammack made a motion,
seconded by Council Member/Commissioner Derry, that Agenda Item No. 9 be
reconsidered.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that he knew the
City needed more police; however, he was not sold on this tax idea. According
to Mr. Sanborn, several businesses such as W. W. Grange and Western Door
have left San Bernardino, resulting in a great loss of sales tax. Therefore, if this
tax passes and businesses continue to exit San Bernardino, the tax will be on the
backs of the residents of the city instead of coming from these companies.
Mr. Sanborn stated that, in his opinion, most of the trouble in this city can be
attributed to out-of-town landlords and renters, and he suggested that the City
bring forward a renter's permit of some kind.
Mayor/Chairman Morris advised that Western Door did leave the City, and it
was his understanding that they left because they did not believe their employees
were safe in this community. He advised that this 1/4 -cent tax measure is
specifically for the purpose of solving the problem of pubic safety, or lack
thereof. Also, recent polls have made it quite clear that the public does not
want the City to go forward with a parcel tax; however, residents did say they
would permit the City to move forward with a sales tax, which is 70 percent
paid for by those who visit and shop among us and who are not residents of this
community.
Council Member/Commissioner McCammack advised that the Council has been
considering a single-family inspection program for exactly the reason stated by
Mr. Sanborn. She stated that the Council has been very concerned for some
time on the quality of the single-family residences owned by people who do not
live in town, and it appears they need to be held much more accountable than
what is currently being done.
Council Member/Commissioner Derry stated that he agreed that the major
problem that has been shown in our own information is that rental units do
create most of the calls for police services in this community. Therefore, the
Legislative Review Committee is going to be discussing what can be done when
there are excessive calls for service in certain areas of the city, looking for some
way to create a system where if an apartment complex is actually creating a
nuisance for the city because they are not screening their tenants, or for other
reasons, the City will have some way of fining them if they go over a certain
response level.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted.
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Ordinance No. MC -1229 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Johnson, McCammack.
Nays: None. Abstentions: Council Member/Commissioner Kelley. Absent:
None. Vacant: Third Ward.
10. RES. 2006-294 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to R. J. Noble Company for
pavement rehabilitation on 5'h Street from Waterman Avenue to Tippecanoe
Avenue (SS06-38) and Waterman Avenue from 5'h Street to 9' Street (SSO4-
145), per Project Plan No. 11726.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that there is an
awful lot of construction occurring on this street, and he has seen a lot of work
done on the streets --then six months later they are tearing them up to install new
pipes or utilities. He suggested that prior to voting on this matter that the
Council make sure all the demolition of this street is actually done, as it doesn't
make a lot of sense to tear up the street six months after you pay to have it
paved.
Council Member/Commissioner McCammack noted that the Council is also
concerned with this problem; especially when they have worked hard to get a
street paved in their respective wards and then six months or twelve months
later the street is being cut up by some utility. She advised that the city
engineer does send out notification that a project is going to happen, and the
City wants to know in advance if any utility is going to be placed in that
particular area of pavement.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-294 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
11. RES. 2006-295 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Oak Engineering, Inc., for traffic
signal improvements at 5'h Street and "F" Street (TC04-16); 30" Street and
"E" Street (TC04-17); Highland Avenue and "E" Street (TC04-21), per
Project Plan No. 11176.
Council Member/Commissioner McCammack stated she would abstain on this
item because she owns property within 500 feet. She left the Council Chambers
and returned after the vote was taken.
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Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that a problem he
has encountered is that unless the button is pushed, the "little white walk guy"
icon does not come on. If a vehicle is trying to make a right-hand or left-hand
turn it is difficult to ascertain whether the pedestrian is going to step off the curb
and cross the street or not, since the red hand is still lit, and the pedestrian
doesn't know enough to push the button. Therefore, he suggested that the
"walk" light come on automatically, noting that 30 percent of the accidents in
the United States involve pedestrians.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-295 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None. Vacant: Third Ward.
12. RES. 2006-296 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving On-call Construction Inspection Services
Agreement with Caltrop Corporation for provision of professional public
works construction inspection services.
Discussion ensued regarding the number of unfilled positions in the
Development Services Department, in both Public Works and Building. Valerie
Ross, Director of Development Services, advised that in the past few months the
department lost three out of five public works inspectors and this contract will
fill that void. She noted that there are also some building inspector vacancies,
and Human Resources is currently recruiting to fill those positions.
Council Member/Commissioner Estrada expressed concern regarding the delay
time she is hearing about. She stated that if we have access to this kind of
service, and this company can provide all the personnel we need, why not utilize
as many of these inspectors as necessary to get the job done. She stated that
perhaps the department should ask for more money so they can get more
inspectors on the street.
Ms. Ross advised that the department is "up" on public works inspections, but a
little bit behind on building inspections. However, a few weeks ago they were
authorized to bring in outside assistance. Their biggest issue right now is the
public works plan check, and staff has recently interviewed three additional
firms so they can send plans outside for review.
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City Manager Wilson advised that as part of the upcoming management review,
they will have an outside consultant look at ways to streamline the process. He
pointed out that it is not always a matter of hiring more staff as it is looking at
the process and finding ways to cut down the processing time.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2006/2007 adopted
Development Services budget and transfer $64,000 from Account No. 001-183-
50xx (salary and benefit savings from two vacant construction inspector
positions) to Account No. 001-183-5502 (professional contractual costs).
The motion carried and Resolution No. 2006-296 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
13. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing execution of a Cooperative Agreement with the
County of San Bernardino and the San Bernardino City Unified School
District for the installation of a flashing yellow beacon device, signing and
markings for a crosswalk located on Lynwood Drive at Merito Avenue,
adjacent to Del Vallejo Middle School.
City Attorney Penman stated that he was conflicting off on this matter because
his wife is a member of the school board. He advised that the resolution had
been reviewed and signed off by outside counsel. He left the Council Chambers
and returned after the vote was taken.
Council Member/Commissioner McCammack stated that this item was for a
flashing yellow signal that was connecting Lynwood north and south to Del
Vallejo Middle School. She stated that it was a traffic safety issue for the kids
at the middle school—that some of the constituents had called and asked for
crossing guards at that location; however, the school district has stated that they
do not put crossing guards at middle schools.
Ms. McCammack stated that she was concerned when she noticed this item was
asking for a $10,000 contribution from the City to pay for this flashing yellow
light, yet the light has already been installed by the County and, in her opinion
as a driver on that street, is way too high for anyone driving that street to
notice. She stated that Valerie Ross, Director of Development Services had
agreed to continue this, since the beacon is already up and the County just wants
the City's $10,000, so that we get what we expect, which is a safe crossing area
for our kids. Therefore, staff will be discussing with the County whether the
beacon can be lowered so that it actually does make for a safer crossing.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of September 5, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
14. RES. 2006-290 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of the north -south alley, west of Mount
Vernon Avenue, north of 5`" Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2006-290 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
15. Reject all bids - installation of park improvements at Meadowbrook Park -
northwest corner of 2"d Street and Sierra Way (PR06-04) - Project Plan No.
11490
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
reject all bids for the installation of park improvements at Meadowbrook Park,
northwest corner of 2nd Street and Sierra Way (PR06-04) per Project Plan No.
11490.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
16. Authorize Contract Change Order No. One - contract with Hillcrest
Contracting, Inc., for street improvements on Third Street at the Historic
Santa Fe Depot — Phase 1 (SSO4-34) - Project Plan No. 11300
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the Director of Development Services to execute Change Order No.
One in the amount of $101,031.04 to contract with Hillcrest Contracting, Inc.
for street improvements on Third Street at the Historic Santa Fe Depot — Phase I
(SSO4-34), per Project Plan No. 11300.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
17. Authorize Contract Change Order No. One - contract with J.D.C., Inc. for
construction of sidewalk at Medical Center Drive from 19`" Street to
Highland Avenue, Phase VIII - 2005/06 (SS -B) - per Plan No. 11684 &
Project No. SS05-04 "Broadmoor Boulevard/301" Street/Waterman Avenue
Safety Sidewalk"
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the Director of Development Services to execute Change Order No.
One in the amount of $29,650 to a contract with J.D.C., Inc. for construction of
sidewalk at Medical Center Drive from 19' Street to Highland Avenue, Phase
VIII - 2005/2006 (SS -B), per Plan No. 11684, and Project No. SS05-04
"Broadmoor Boulevard/30' Street/Waterman Avenue Safety Sidewalk."
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
18. RES. 2006-291 - Resolution of the City of San Bernardino implementing a
Memorandum of Understanding between the City of San Bernardino and
employees in the Police Safety Employees' Bargaining Unit of the City of
San Bernardino represented by San Bernardino Police Officers' Association
(SBPOA).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
the Mayor and Common Council authorize the Director of Finance to amend the
FY 2006/07 adopted budget and transfer $634,700 from the General
Government budget, Account No. 001-092-5011, to the Police Department
budget (various personnel line items).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
19. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute an agreement between the
City of San Bernardino and Major League Softball, Inc. for adult baseball
and adult softball services for a three year period of September 1, 2006
through August 31, 2009.
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City Attorney Penman advised that the language in the resolution regarding
gross receipts on page 2, Section II, Finance Considerations, needed to be
clarified and requested a two week continuance.
Mayor/Chairman Morris stated that he would like to see us sharing our
resources so that on the nights the fields are not occupied by the adult leagues,
we could have them available for other sports programs that are in need of
lights.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of September 5, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
20. RES. 2006-292 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of an application to the
California Department of Health Services, for the California Nutrition
Network grant in the amount of $285,810 for the three-year period of
October 1, 2006 through September 30, 2009.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2006-292 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
21. Resolution of the City of San Bernardino authorizing the execution of a
purchase order to Callaway Motorsports for the purchase of nine 2005
Honda ST1300P police motorcycles, to be utilized by the Police Department.
Council Member/Commissioner McCammack noted that in the on-going quest
to buy locally, she had a concern that the City did not find a local vendor to bid
on this particular Request for Quote.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Committee meeting of September 5, 2006.
City Attorney Penman recommended that the motion be to reject all bids and
table the item.
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Council Member/Commissioner McCammack made a substitute motion,
seconded by Council Member/Commissioner Estrada, that the Mayor and
Common Council reject all bids and that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
22. RES. 2006-300 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to
Fairview Ford for twenty (20) 2007 Autocar WX64 Chassis complete with
thirteen Labrie Automated Sideloader Refuse Bodies, four McNeilus Rolloff
Refuse Bodies and three McNeilus Frontloader Refuse Bodies; and
authorizing the Purchasing Manager to solicit lease -purchase rate quotes;
and return to the Mayor and Common Council for approval.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted. (Note:
No vote was taken.)
Council Member/Commissioner Estrada stated that her only concern was that
the last part of the resolution title authorized the purchasing manager to solicit
and award a lease -purchase without the documents coming back to the Council.
City Attorney Penman suggested that the Council consider this item later in the
meeting, allowing his staff time to make the necessary changes to the resolution
to ensure that the item would return to the Mayor and Council for approval.
Council Members/Commissioners McCammack and Estrada withdrew their
motion and second.
Subsequently, City Clerk Clark read the amended title of the resolution into the
record.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said amended resolution, be adopted.
Resolution No. 2006-300 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
23. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a purchase order to American
Asphalt South, Inc. for completion of the Fiscal Year 2006-07 Slurry Seal
Program.
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Council Member/Commissioner McCammack expressed concern because the
number of streets recommended for the slurry seal were fewer than the number
of streets originally proposed; however, the dollar amount had remained the
same.
Ken Fischer, Director of Public Services, explained that there was a set amount
of money budgeted for this project, and the first list of streets had been
identified as a "Draft" until staff could determine how much work each street
would require. Subsequently, staff had determined that the funds budgeted for
this project would only cover the cost of slurry sealing the final list of streets,
which was substantially fewer in number than the "Draft" list of streets.
Discussion ensued regarding the merits of using slurry seal versus other
methods used to maintain the streets, the expected "life" of a neighborhood
street, whether the money could be better spent by filling potholes, etc.
It was noted that neighborhood streets could last anywhere from five to twenty
years depending on many variables such as water flow, whether the street is
mostly shaded or in full sun, and the amount and type of traffic.
Mark Lancaster, Deputy Director/City Engineer, stated that slurry seal would
extend the life of a street on average for three years; however, you could get
five years depending on the characteristics of the road and the type of slurry
seal. He stated that a Type III might provide a longer life than three years, but
on average he would say three years. He stated that he thought the slurry seal
being considered for this project was a Type 11.
Due to the fact that there appeared to be many unanswered questions regarding
the proposed streets, the slurry seal process itself, and the best way to spend the
available funds, it was the consensus of the Council that this item be continued
for two weeks.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 5, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
24. RES. 2006-293 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, successor to the South San Bernardino County
Water District, assessing properties within the previous District boundaries
in the amount of $15,812.50 for the Fiscal Year 2006/2007.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2006-293 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
25. RES. 2006-297 - Resolution of the City of San Bernardino awarding a
Service Agreement and an annual purchase order in an amount not to
exceed $45,000 to The Counseling Team International.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted; and that
the Mayor and Common Council authorize the Director of Finance to pay The
Counseling Team International $17,225 from available funds in FY 2005/06
contractual services, Account No. 678-452-5502.
The motion carried and Resolution No. 2006-297 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
26. Public hearing - resolution naming the park to be developed on Pine
Avenue in the Verdemont area Norm Johnson Memorial Park, rescinding
Resolution No. 2003-193, and renaming that segment of State Street
University Parkway
RES. 2006-298 - Resolution of the Mayor and Common Council of the City
of San Bernardino naming the park to be developed on Pine Avenue in the
Verdemont area Norm Johnson Memorial Park, rescinding Resolution No.
2003-193, and renaming the portion of State Street, from 270 feet north of
Highland Avenue to its proposed southerly extension to Foothill Boulevard,
to University Parkway.
Mayor/Chairman Morris opened the hearing.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Frances Vasquez, representing Supervisor Josie Gonzales, Fifth District,
County of San Bernardino, conveyed Supervisor Gonzales' thanks and
appreciation for naming the new park in memory of Norm Johnson. She stated
that Supervisor Gonzales supported the proposed street name change, but would
like the City to consider another option in terms of the two-mile stretch of State
15 08/21/2006
Street in the unincorporated area, and name that section State University
Parkway.
In addition, she noted that there are plans for major infrastructure improvements
along State Street in the Muscoy area such as street widening and underground
improvements for underground utilities, etc., and Supervisor Gonzales would
like to work closely with the City on this.
Mayor/Chairman Morris indicated that it was the preference of the university
president to maintain the name of University Parkway. He suggested that the
Council go forward with the name change as proposed and discuss the matter
further with all concerned parties including Supervisor Gonzales, the president
of the university, and all those businesses that reside in our city that currently
have the address of University Parkway.
Charles Diamond, Watson and Associates, stated that Watson and Associates
will be developing the park on Pine Avenue and he wanted to support the action
being taken today—that they are very pleased to be part of the process and
concur 100 percent.
Council Member/Commissioner Johnson stated that what the City has here is an
opportunity for a new gateway into the community of San Bernardino from the
I-210 Freeway, and the City is trying to have some consistency from that off -
ramp all the way down the street, instead of having three or four different
names on that one street. He stated he appreciated the supervisor's concern and
it was something that could be visited with some discussions later on; however,
the main thing is to get this item moving forward at this time and then open
those discussions not only with Supervisor Gonzales, but also the businesses that
will be impacted in the Fifth Ward of our community.
Council Member/Commissioner Kelley stated that he understood the
supervisor's concerns, and he was looking forward to meeting with the mayor,
Council Member/Commissioner Johnson, and the university so they can work
together with the residents in that two-mile stretch so everyone can understand
the City's vision for this area.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-298 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
16 08/21/2006
27. Public Hearing - Resolution setting various City fees
A Resolution of the City of San Bernardino establishing certain fees for
services furnished by the City of San Bernardino, and repealing Resolution
No. 2005-147.
Note: No resolution was distributed.
Mayor/Chairman Morris opened the hearing.
Mayor/Chairman Morris advised that staff was recommending that this matter
be continued to the next regular meeting of the Mayor and Common Council.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 5, 2006, at 4:00 p.m. in the City
Hall Council Chambers.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
28. Legislative update (Continued from August 7, 2006)
Council Member/Commissioner Baxter provided a report on the various issues
discussed at the recent 2006 Mayors and Council Members Executive Forum,
presented by the California League of Cities, including youth commissions, the
future of telecommunications, development of floodplains, the role of
commissions and commissioners, and other hot topics in Sacramento affecting
cities such as infrastructure bonds, eminent domain, land use, and affordable
housing.
No action was taken on this item.
29. An Ordinance of the City of San Bernardino amending Chapter 3.44 of the
San Bernardino Municipal Code concerning reduction in the Service User's
Tax (Utility Tax) rate. FIRST READING
City Manager Wilson advised that adoption of the ordinance would reduce the
City's Service User's Tax from 7.93 percent to 7.83 percent. He pointed out
that if the ordinance received its first reading today and its second reading on
September 5, 2006, the actual effective date of the ordinance would be October
6, 2006. However, due to the amount of time required to provide notice to the
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utilities regarding the rate change, the rate reduction would not become effective
until January 1, 2007.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
30. RES. 2006-299 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a certain Memorandum of Understanding in
connection with an application to the State of California for the designation
of an Enterprise Zone within a portion of its territorial jurisdiction.
Emil Marzullo, Assistant to the Mayor/Economic and Community
Development, provided a detailed overview of the staff report, noting that the
purpose of the Enterprise Zone Program, which is administered by the State
Department of Housing and Community Development, is to provide tax
incentives to businesses, thereby allowing private sector market forces to revive
the economy in economically distressed areas. Mr. Marzullo also distributed a
handout titled, "San Bernardino Valley Enterprise Zone Incentives," which
provided an example of an employer hiring tax credit. He pointed out that the
special nature of the Enterprise Zone is that there are no limitations as to how
many businesses within the City can apply for this program; and in the last
report prepared by the State in 2002, it showed a 35 percent return on the dollar
leverage rate, meaning that for every dollar we put in we get at least $35 back.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-299 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Economic
Development Agency Executive Director Pacheco and Special Counsel Sabo, City
Clerk Clark. Absent: None. Vacant: Third Ward.
18 08/21/2006
R31. Hearing - resolution of public interest and necessity for acquisition of real
property - 770 West 5`h Street (Najera/Cantoran)
RES. CDC/2006-36 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the public interest and
necessity of acquisition of real property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 770 West 5`s Street, San Bernardino, California
(Najera/Cantoran - APN: 0134-054-26) in the Central City North
Redevelopment Project Area.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Executive Director, Economic Development Agency, advised
that this hearing pertained to adoption of a resolution of necessity. She stated
that Agency staff had believed that they had an agreement with the owners, as
they had agreed to sell the property in question. Subsequently, they changed
their minds and advised the Agency that they had retained legal counsel. She
stated that the Agency did receive a letter from Attorney Louis Goebel, and
Agency Counsel had responded to the issues contained in said letter.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
Mr. Goebel that he would provide true and honest testimony.
Louis E. Goebel, 350 North "E" Street, Suite 502, San Bernardino, CA, stated
that he was appearing on behalf of the owners of the property located at 770
West 5ih Street. He stated that they believe this particular piece of property is a
good business for them, they are happy with it, and they have worked hard to
get where they are. He stated that they believed the project is not planned or
located in a manner that will be most compatible with the greatest public good
and least private injury; and that the property sought to be acquired is not
necessary for the project.
Council Member/Commissioner Estrada 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. CDC/2006-36 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack.
Absent: None. Vacant: Third Ward.
19 08/21/2006
R32. Resolutions supporting the construction by the State of California of a new
Justice Center and Courthouse facility
RES. 2006-301 - Resolution of the Mayor and Common Council of the City
of San Bernardino supporting the construction by the State of California of
a new Justice Center and Courthouse facility ("Project") and the
contribution of the necessary land owned by the Redevelopment Agency of
the City of San Bernardino located at 247 West 3rd Street, downtown San
Bernardino, within the Central City East Redevelopment Project Area, to
facilitate development of the Project. (R32A)
RES. CDC/2006-37 - Resolution of the Community Development
Commission of the City of San Bernardino declaring its intent to transfer
certain land owned by the Redevelopment Agency of the City of San
Bernardino located at 247 West 3rd Street, downtown San Bernardino,
within the Central City East Redevelopment Project Area, to the State of
California to facilitate the development and construction by the State of
California of a new Justice Center and Courthouse facility. (R32B)
Mayor/Chairman Morris advised that the County of San Bernardino is entitled
to 23 additional judges; however, we have no courtrooms. He stated that the
State understands this dilemma and we are now listed as third in California,
behind Long Beach and Stockton, in terms of need of a courthouse. He advised
that during the first week in September the Judicial Council will decide whether
to take this forward to the governor.
Mayor/Chairman Morris stated that the courthouse being discussed would be a
36 -courtroom courthouse, possibly eight stories high, with a building valuation
of over $300 million. He stated that both the City and the County are hoping to
make this a more attractive opportunity for the State by offering up local
resources to indicate how desirous we are to have this happen; and these
resolutions indicate the Council's desire to offer the State, for the sole purpose
of courthouse construction, the site identified as the Caltrans site at Third and
Arrowhead and to waive construction fees for that site.
Timothy Prince, 290 North "D" Street, Suite 807, San Bernardino, CA, stated
that he was a board member of the Downtown Business Association, and their
top issue of concern is the lack of safety at the courthouse. He also pointed out
that the address as shown on the resolutions was incorrect—that it should be 247
West Third Street—not 247 East Third Street.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A and B, as corrected, be
adopted.
20 08/21/2006
Mayor and Council Resolution No. 2006-301 and Community Development
Commission Resolution No. CDC/2006-37 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
R33. Termination of Creative Housing Solution Old Towne Single-family
Residential Acquisition and Construction Grant Agreement - Central City
North Redevelopment Project Area (Old Towne).
RES. CDC/2006-38 - Resolution of the Community Development
Commission of the City of San Bernardino approving the termination of the
2003 Old Towne Single-family Acquisition and Construction Grant
Agreement between Creative Housing Solutions, Inc. and the
Redevelopment Agency of the City of San Bernardino ("Agency") and
authorizing the Executive Director of the Agency to execute the Termination
Agreement.
Council Member/Commissioner McCammack had concerns about the cost to the
Agency; however, Council Member/Commissioner Estrada verified that
whatever money the Agency was "out" they would be made good for that
amount.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2006-38 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson.
Nays: Council Member/Commissioner McCammack. Absent: None. Vacant:
Third Ward.
34. Public Comments
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that the land on 7'
Street between Sierra Way and Waterman is worth money, and the Council
should be trying to get as much as possible from that land, and he knows
someone who might be interested if the City took the south part of 7' and
combined it with the cemetery. Also, in answer to Ann Mikel's letter to Voice
of the People stating that she couldn't think of one positive thing about San
Bernardino—one big positive about San Bernardino is the weather.
21 08/21/2006
Manfred Gildner, 4665 David Way, San Bernardino, CA, spoke and submitted
a document into the record dated August 18, 2006, regarding the monumental
rate increases levied by Southern California Edison and the extreme burden it
places on SCE customers.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he was
trying to get an understanding of the Phoenix Program, and spoke regarding the
drug problem in San Bernardino.
Gil Navarro, 1440 West 6' Street, San Bernardino, CA, thanked the Mayor
and those Council members who supported placing the sales and use tax on the
ballot; noted that every streetlight on 5' Street has been fixed; and that the
traffic light at 6' and Mt. Vernon is working properly. He inquired who he
should talk to in the City to address the problem of all the cars with "For Sale"
signs that are parked on city streets, and was referred to Glenn Baude, Director
of Code Compliance.
39. Adjournment
At 5:48 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Tuesday, September 5, 2006, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 39
No. of Hours: 4.25
RACHEL G. CLARK
// City Clerk
By: �r
Linda E. Hartzel
Deputy City Clerk
22 08/21/2006