HomeMy WebLinkAbout09-05-2006 MinutesSan
CITY OF SAN BERNARDINO
300 N. `D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Mortis
Council Members:
Esther Estrada
Dennis J. Baxter
Vacant
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCantnrack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 5, 2006
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 1:35 p.m., Tuesday, September 5, 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 Penman, 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).
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 City of Riverside/Gage Canal Company
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C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
1. Property Address: 396 North "E" Street, San Bernardino
APN: 0134-221-45 and 46
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Central City Commerce Center;
Nick Coussoulis and wife; Dr. Jerome T.
Taurek and wife; Marie Jay, property
owners/sellers
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under Agenda Item No. 1A, Existing Litigation:
Manta Management v. City of San Bernardino - California Supreme Court
Case No. S144492;
Under Agenda Item No. 1C, Initiation of Litigation:
Declaratory Relief Action - City of San Bernardino v. LAFCO.
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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.
Invocation/Pledge of Allegiance
The invocation was given by Sister Carmel Crimmins of the San Bernardino Catholic
Diocese, followed by the pledge of allegiance, led by Orry Mack, a student at Anderson
School.
2. Appointments
There were no commission appointments.
3. Presentations
Andrea Winter, Marketing Coordinator for the San Bernardino Convention and
Visitors Bureau, unveiled this year's official Route 66 Rendezvous T-shirt and
provided a brief overview of scheduled events.
Mayor's Assistant Peggi Hazlett announced that twenty-four City employees
participated in this year's American Cancer Society's Relay for Life held on April
22-23, 2006. She stated that they raised nearly $7,000 and received a plaque for
third place. Jack Masters, team spokesman, presented the plaque to Mayor
Morris with a request that it be displayed with the awards received by City teams
in the past.
Economic Development Agency Executive Director Maggie Pacheco, Mayor
Morris, and Councilwoman Estrada presented Business Recognition Awards to
the Marriott Residence Inn for opening their business in the City of San
Bernardino; Garden Interiors/Party Planters, in recognition of their dedication
and continuing excellence in providing their unique and creative services
throughout the Inland Empire region and the west coast for the past 25 years; UP
Louie Pinstriping and Lettering, in recognition of his outstanding reputation as
being the best artist for custom and specialized hand pinstriping, lettering and
detailing of vehicles, classic cars and nostalgic memorabilia; and Mobile Help,
Inc., for demonstrating excellence in service for 30 years to enhance mobility and
quality of life for physically challenged and disabled members of the region.
Mayor Morris acknowledged Assemblyman Joe Baca, Jr. for his efforts in
making Seccombe Lake Park a safe and secure environment for the community
and for his assistance in the economic revitalization of the downtown area.
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Councilwoman Wendy McCammack presented the Citizen of the Month Award to
Joe Ortiz for his diligence and persistence in the removal of the homeless, trash,
graffiti, and drug dealing at the Campo Santo Cemetery.
Mayor Morris presented an award to Daniel Marquez on the occasion of his
retirement from the City after 21 years of dedicated service.
City Attorney James Penman presented a check for $58,500 to Mayor Morris,
stating that it was the result of a civil lawsuit filed against former Council
members Valerie Pope -Ludlam and Edward Negrete, bringing the total recovered
to $126,500.
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 Johnson made a motion, seconded by Council
Member/Commissioner Estrada, 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.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission be
approved as submitted in typewritten form: July 10, 2006; and July 24, 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.
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7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated August 10, 2006, from
Barbara Pachon, Director of Finance, 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.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Chief Examiner, dated August 29, 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-1230 - 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. FINAL READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be adopted.
Ordinance No. MC-1230 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
10. RES. 2006-302 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, consenting to the designation of the San
Bernardino Regional Water Resources Authority as the non-federal sponsor
for the study project to be undertaken by the U.S. Army Corps of Engineers.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-302 was adopted 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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11. RES. 2006-303 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Amendment Number 4 to the
Cooperative Agreement between the City of San Bernardino and the San
Bernardino Associated Governments (SANBAG) for the San Bernardino
Santa Fe Depot Rehabilitation Project, Contract No. 04-040.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-303 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
12. RES. 2006-304 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mandel E. Himelstein and the City of San Bernardino
for hearing officer and/or administrative law officer services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council appoint
Mandel E. Himelstein as an Administrative Law Officer until August 31, 2008
pursuant to Chapter 9.92 of the Municipal Code; and that said resolution be
adopted.
The motion carried and Resolution No. 2006-304 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
13. Item Deleted
14. Item Deleted
15. RES. 2006-305 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Ohio Avenue
and Pine Avenue area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the district, to be known as
Assessment District No. 1047; preliminarily approving the Engineer's Report
and giving notice of a public meeting and public hearing.
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the Ohio
Avenue and Pine Avenue area (Tract No. 16547), to be known as Assessment
District No. 1047; and that said resolution be adopted.
The motion carried and Resolution No. 2006-305 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
16. RES. 2006-306 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A resolution... designating certain
streets, or portions thereof as through highways..." and establishing a four-
way stop at the intersection of Grant Avenue and "J" Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-306 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
17. RES. 2006-322 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute all Program
Supplemental Agreements, Fund Exchange Agreements, Fund Transfer
Agreements and any amendments thereto with the California Department of
Transportation.
Council Member/Commissioner McCammack stated that she had been told that
this was just a routine item in terms of changing the title from City Administrator
to City Manager. However, she pointed out that there may be several contracts
under $25,000 that could add up to thousands of dollars, and the fact that the
Council was not privy to that information. Ms. McCammack suggested that they
should think about asking the City Manager to prepare some kind of monthly
report on what the contracts are for, what kind of accountability the City Manager
is requiring of the contractors, and whether they are meeting their end of the
bargain. She noted that the Council doesn't have any idea what the financial
impact would be, and she pointed out that it is their responsibility to be aware of
that.
Council Member/Commissioner Estrada stated that the City has just changed
from a strong Mayor form of government to a City Manager form of government,
and she believes that no one has figured out what that means other than there is
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now a City Manager and he has certain responsibilities as listed in the City
Charter.
City Attorney Penman stated that the City still has a strong Mayor form of
government; however, the Mayor's office is no longer responsible for the day-to-
day operation of City departments.
Council Member/Commissioner Estrada stated that she felt it would be a good
idea to schedule a workshop to discuss this issue.
Council Member/Commissioner Derry stated that it is up to Mr. Wilson to create
his role over the next few years and set the precedent for the position of City
Manager for the years to come. He agreed with Councilwoman Estrada that the
Council should provide some input, but he believed this item was just a matter of
changing the name from City Administrator to City Manager.
Council Member/Commissioner McCammack stated that there was no way the
Council could know what the documents are that are referenced in the staff
report, and she did not know exactly what she was being asked to vote on. She
stated that it was not Mr. Wilson's responsibility to determine whether or not this
was an item that the Council should feel comfortable and accountable voting on.
Ms. McCammack stated that she felt these responsibilities were slipping away
from the Council, and at some point in time someone was going to point a finger
and tell them that they shouldn't have voted on something if they didn't know
what they were voting on.
City Manager Wilson stated that this has been the practice since 2001. He
recommended that the Council hear from City Engineer Mark Lancaster since
these are primarily Caltrans reimbursement procedures. He stated that he
understood that the documents referred to in the staff report would simply allow
the City to obtain billing reimbursement from Caltrans for pre -approved
projects —they are not obligating any new projects or any new money for these
particular expenditures.
Mark Lancaster, Deputy Director/City Engineer, stated that Mr. Wilson was
correct. He stated that this item defines the program for reimbursement on
particular funds, including State funding, and those projects would go through the
Council before they would begin construction. Mr. Lancaster stated that the City
puts up the front money and the State reimburses under hazard elimination
systems programs, safe routes to schools, or other projects they might be working
on that have some State funding such as highway bridge restoration/replacement
type projects.
Council Member/Commissioner Baxter stated that he agreed with Council
Members/Commissioners Estrada and McCammack. He stressed the importance
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of disclosure and transparency so that there is no question later on that they voted
on something they did not understand.
Council Member/Commissioner McCammack requested that the City Manager
provide her with a document that shows all the current contracts that are under
$25,000 so she can make sure there are no conflicts.
It was the consensus of the Council that the workshop be held during the dinner
hour.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted, and that a dinner
workshop be held on September 18, 2006 to discuss the role/responsibilities of
the City Manager as defined in the City Charter.
The motion carried and Resolution No. 2006-322 was adopted by the following
vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley, Johnson.
Nays: Council Members/Commissioners Estrada, McCammack. Absent: None.
Vacant: Third Ward.
18. RES. 2006-307 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Vendor Services Agreements
for the provision of photocopier equipment, supplies and maintenance with
the following vendors: Advanced Copy Systems; Canon Business Solutions;
Burtronics Business Systems; Ikon Office Solutions; Toshiba America
Business Solutions; Konica -Minolta Business Solutions and Xerox
Corporation.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-307 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
19. RES. 2006-308 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino Fire Department
to enter into an agreement with the County of San Bernardino to provide fire
protection and paramedic services to County unincorporated areas within the
City of San Bernardino's sphere of influence from July 1, 2006, through June
30, 2011.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted and that the
Mayor and Common Council:
9 09/05/2006
Reclassify three (3) Firefighter P-1 positions ($4,824-$6,102) to Paramedic/
Firefighter P-2 ($5,572-$6,973);
Approve three (3) Paramedic/Firefighter P-2 positions, to begin employment on
January 3, 2007 ($5,572-$6,973);
Direct the Human Resources Department to update Resolution No. 6429, Section
Three, to reflect this action; and
Authorize the Director of Finance to amend the FY 2006/2007 adopted budget
and transfer $335,900 from the General Government budget (Account No. 001-
092-5502) to various Fire Department personnel and operating accounts as
outlined in the staff report dated August 17, 2006, from Michael J. Conrad,
Deputy Fire Chief.
The motion carried and Resolution No. 2006-308 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
20. Resolution implementing a Memorandum of Understanding between the City
of San Bernardino and the employees in the Middle -Management Bargaining
Unit and a resolution for salary adjustments
Resolution of the City of San Bernardino implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the
Middle Management bargaining unit of the City of San Bernardino
represented by San Bernardino Public Employees' Association. (20A)
Resolution of the City of San Bernardino amending Resolution No. 6413,
Sections Ten, Eleven, Twelve & Fourteen, entitled in part "A Resolution ...
establishing a basic compensation plan ..."; by updating information
codifying prior Council actions (General, Mid -Management, and Confidential
& Management) (20B)
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 18, 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.
10 09/05/2006
21. RES. 2006-309 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Purchase Order No. 206413 to
Sucaba Company, Inc. for a total purchase order amount not to exceed
$35,400.00.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to pay Sucaba approximately $10,400 from
available funds in FY 2005/06 Professional/Contractual Services, Account No.
678-452-5502.
The motion carried and Resolution No. 2006-309 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
22. RES. 2006-310 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Purchase Order No. 999362 to
Insurance Overload Staffing for a total purchase order amount not to exceed
$32,400.00.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to pay Insurance Overload Staffing
approximately $7,400 from available funds in FY 2005/06 Professional/
Contractual Services, Account No. 678-452-5502.
The motion carried and Resolution No. 2006-310 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
23. RES. 2006-311 - Resolution approving a Side Letter to Resolution No. 2006-
291, amendment to Article VI, Section 5, of the Memorandum of
Understanding between the City of San Bernardino and employees in the
Police Safety Employees' bargaining unit represented by the San Bernardino
Police Officers' Association (SBPOA).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-311 was adopted 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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24. RES. 2006-312 - 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, the County of San Bernardino Department of
Community Development and Housing, and the Authority for the
Handicapped to provide facility improvements at the Center for Individual
Development (C.I.D.) main building, annex, and the north Norton Center
using County CDBG funds.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/2007 adopted budget
and increase Account No. 001-325-5706 by $181,500 and the offsetting revenue
Account No. 001-000-4901 by $181,500 to reflect the County CDBG
reimbursement to be received.
The motion carried and Resolution No. 2006-312 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. 2006-313 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of a grant application for
administration of the Retired Senior Volunteer Program (RSVP) for the
period October 1, 2006 through September 30, 2007.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-313 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
26. RES. 2006-314 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of the Parks, Recreation and
Community Services Department to execute Amendment No. 2 to the
agreement for consultant services for the CAPS Program between the City
and the San Bernardino Unified School District.
City Attorney Pemnan indicated that he would be abstaining on this item because
his wife is a member of the school board.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
12 09/05/2006
Resolution No. 2006-314 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
27. RES. 2006-315 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of the Parks, Recreation and
Community Services Department to execute Amendment No. 4 to the
agreement for consultant services for the CAPS Program between the City
and the San Bernardino Unified School District.
City Attorney Penman indicated that he would be abstaining on this item because
his wife is a member of the school board.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-315 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
28. RES. 2006-316 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of the Parks, Recreation and
Community Services Department to execute Amendment No. 5 to the
agreement with the San Bernardino City Unified School District, to provide
contractual services for seventeen (17) CAPS before & after -school recreation
programs at school district sites for the period October 1, 2006 through June
30, 2007.
City Attorney Penman indicated that he would be abstaining on this item because
his wife is a member of the school board.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-316 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
29. RES. 2006-317 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of Amendment No. 4 of the Senior
Nutrition Contract through the County of San Bernardino Department of
Aging and Adult Services (DAAS) for senior nutrition services for the period
of July 1, 2006 through June 30, 2007.
13 09/05/2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-317 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
30. RES. 2006-318 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a Services Agreement
between the City of San Bernardino and Coast Soccer League to provide
management services at the San Bernardino Soccer Complex.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-318 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
31. RES. 2006-319 - Resolution of the Mayor and Common Council authorizing
a Service Agreement with the Wackenhut Corporation to provide jail staffing
per bid F-07-03 in an amount not to exceed $362,200 for FY 2006-07 with
three optional renewal years.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-319 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
32. RES. 2006-320 - Resolution of the City of San Bernardino authorizing the
execution of a purchase order to Chaparral Motorsports for the purchase of
nine 2005 Honda ST1300P police motorcycles, to be utilized by the Police
Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-320 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
iC PJLGIIXOR
33. RES. 2006-323 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Memorandum of
Understanding (MOU) for the San Bernardino Police Department to continue
participation as a member of the United States Department of Justice, Drug
Enforcement Administration (DEA) Task Force.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
The resolution was adopted by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
Mayor/Chairman Morris stated that he received a speaker slip on Agenda Item
No. 33, which had been approved on the consent calendar. He asked for a
motion to rescind that action in order to give the speaker an opportunity to speak
on the item.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the prior action be rescinded.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, voiced his concerns
about drug testing guidelines and drug enforcement laws at Federal and State
levels.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2006-323 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
34. RES. 2006-321 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of an application by the Police
Department for a Driving Under the Influence (DUI) mini grant from the
State of California Office of Traffic Safety in the amount of $25,460.32.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-321 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
35. Item Deleted
15 09/05/2006
36. Resolution of the Mayor and Common Council requiring all City contractors
to comply with the requirements of the Immigration Reform and Control Act
of 1986, Title 8 U.S.C. Sections 1324a and 1324b, prohibiting the hiring of
unauthorized aliens, as a condition of all City Public Works and professional
services contracts, and all other City contracts for goods and services.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, asked what type of
enforcement mechanisms the City had in place to do this.
Council Member/Commissioner Derry stated that it was dependent upon Federal
immigration enforcement. He stated that if a contractor is found in violation of
the Federal Immigration Law by the Federal Government, he would lose his
contract with the City. Mr. Derry stated that it is just another attempt by the City
to ensure that our contractors are following the law.
Council Member/Commissioner Estrada asked how the City was going to make
sure that contractors are following the Federal laws.
Council Member/Commissioner Derry stated that it would be up to the Federal
Government to enforce their laws; otherwise the City would not have the
necessary authorization to cancel a contract. He added that the City does not
have any enforcement powers at this time, but if a contractor working with the
City is found in violation of that law, their contract could be canceled at that
time. Mr. Derry noted that the City of Highland had just passed a similar
ordinance.
Council Member/Commissioner McCammack stated that they already have that
authority, and if they find out that a contractor has been found to have broken any
law, they could consider them in breach of their contract.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Baxter, Derry, Kelley. Nays: Council Members/Commissioners
Estrada, Johnson, McCammack. Absent: None. Vacant: Third Ward.
37. Public hearing — resolution authorizing execution of a Right of Way
Contract, Grant Deed and Easement Deed for City property located
northeasterly of Scenic Drive, easterly of Valley View Drive and approving
the sale to the State of California
16 09/05/2006
RES. 2006-324 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Right of Way Contract, Grant Deed and
Easement Deed and approving the sale of City property generally located
northeasterly of Scenic Drive and easterly of Valley View Drive, in the City
of San Bernardino, to the State of California.
Council Member/Commissioner McCammack stated that she had a potential
conflict and would be abstaining on this item because she and her husband own
property in the subject area. She left the Council Chambers and returned after
the vote was taken.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that said resolution
be adopted.
The motion carried and Resolution No. 2006-324 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.
38. Public hearing - resolution setting various City fees (Continued from August
21, 2006)
RES. 2006-325 - A Resolution of the City of San Bernardino establishing
certain fees for services furnished by the City of San Bernardino; amending
Resolution 89-471 and Resolution 91-148; and repealing Resolution No. 2005-
147, Resolution 2006-147, Resolution 93-171, Resolution 91-469, Resolution
92-344, and Resolution 90-154.
The hearing remained open.
City Manager Wilson stated that every year they perform a review of all City
service fees. He stated that as a result of that review they recommended a series
of fee increases based on the cost of providing those services. Mr. Wilson noted
that those fee increases included revised and new fees charged by several
departments as well as a revision to the apartment inspection fee schedule and the
creation of a new fee structure for larger apartment complexes. He stated that
there is also a proposed increase to the tow release fee charged by the Police
Department, which will fund four additional motor officer positions.
17 09/05/2006
Mr. Wilson stated that the City retained a furn to help perform a major analysis
of its fees, which was provided in Attachment "D" of the staff report. In
addition, he stated that they provided a summary of all the information in a multi-
colored document starting with a strike -through format of the resolution that
highlights the changes and includes a comparison of the fees and a cost analysis to
justify the fees.
Mayor/Chairman Morris stated that many cities are going "green" and that
Councilman Derry has encouraged the entire City to look into the possibilities of
solar power as part of its initiative to become environmentally friendly.
Council Member/Commissioner Derry stated that the Legislative Review
Committee is looking at a number of different options to perhaps provide some
increased rebates and to possibly help people offset the costs. He stated that solar
panels are still rather expensive and have a long pay-off period, and it will depend
on usage as to how much it will save and whether it will be worthwhile for each
individual or business. Mr. Derry stated that it is an opportunity for the City to
do something positive to encourage the use of this type of power generation that
will help reduce power needs, reduce stress on the grid, and help prevent short
term blackouts in the region.
Council Member/Commissioner McCammack stated that about six months ago
she had asked her colleagues at the Legislative Review Committee level to discuss
repealing the fees for the multi -family inspection program, specifically, senior
housing complexes with more than 80 percent senior residency as well as non-
profit housing organizations. She stated that the staff report mentions raising fees
to the larger apartment complexes, but it also talks about raising fees pretty much
across the board so that the City can recover its costs related to the larger
apartment complex inspections.
Ms. McCammack stated that she did not have a problem making sure that the
apartment complexes are complying with the law in terms of safety for the
residences. However, since her colleagues could not agree to forego $20,000
worth of annual income, she stated that she could not support this item and she
was going to see if she could figure out a way to get the item back to the Council.
She stated that the senior complexes that house more than 80 percent senior
residency are very crucial to this community and we work hard to clean up the
area around them, yet we make it difficult for them to keep the rents low enough
for the seniors themselves. Ms. McCammack stated that the idea when this
inspection program came together was that it would only raise rents $2 or $3 per
month, but with the rise in electricity rates and every other fee that these seniors
are paying, it is going to become extremely detrimental to their quality of life
specifically as it relates to medication.
Council Member/Commissioner Estrada questioned whether that one item could
be removed and dealt with individually. She stated that the role of the Legislative
18 09/05/2006
Review Committee is to consider/introduce legislation that the Council could then
entertain in order to make government more efficient for the people. She stated
that the issue of fees should go to the Ways and Means Committee so they could
evaluate the issue of the money.
Council Member/Commissioner Derry stated that every ordinance has a financial
impact and the two bodies cross on many occasions. He stated that for every new
ordinance there is a cost for enforcement and for every revised ordinance there is
an impact on the City budget. He stated that there is no ordinance that we have
in place today that is cost free or without some budgetary impact.
Council Member/Commissioner McCammack stated that this item was originally
heard at Ways and Means and somehow it ended up back at the Legislative
Review Committee. She stated that when there is a fiscal effect, the original
position of this body is to send it to Ways & Means even if it means sending it to
the Legislative Review Committee first, going back to the Council, and then
returning to Ways & Means.
City Attorney Penman stated that they haven't had any problems. He stated that
ordinances have always gone to the Legislative Review Committee and anything
that had to do with fiscal impact, which is normally resolutions, went to Ways &
Means. Mr. Penman added that very few ordinances directly affect finances to
the extent that they need to go to Ways & Means.
Council Member/Commissioner Kelley stated that it was the committee's desire
to move these very important fee structures forward. He stated that although he
is very supportive of the senior community, this action would in no way be
detrimental to most seniors because the fee increases are nominal.
Council Member/Commissioner Derry stated that the Ways and Means
Committee did review this information.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted. (Note: No vote was taken at this time.)
Council Member/Commissioner Estrada made a substitute motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted with the exception of multi -family inspection fees for non-
profit organizations and senior housing complexes with more than 80 percent
senior residency.
Lori Sassoon, Assistant City Manager, clarified that there is no increase to the
multi -family inspection fee proposed as part of this resolution. She stated that
previously the fee schedule topped out at complexes with 200 units so this
19 09/05/2006
resolution will allow that fee schedule to continue to increase as the complexity of
the apartment complex increases. She stated that after a year of operating this
program they found that fees are low for several significantly large apartment
complexes and the City is not able to cover the costs for inspecting those larger
apartment complexes.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Estrada, Johnson, McCammack. Nays: Council Members/
Commissioners Baxter, Derry, Kelley. Absent: None. Vacant: Third Ward.
Council Member/Commissioner Derry 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. 2006-325 was adopted by the following
vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley. Nays:
Council Members/Commissioners Estrada, Johnson, McCammack. Absent:
None. Vacant: Third Ward. (Note: Mayor/Chairman Morris voted in favor of
the motion.)
39. RES. 2006-326 - 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. (Continued from August 21, 2006)
City Attorney Penman indicated that he would be abstaining on this item because
his wife is a member of the school board. He left the Council Chambers and
returned after the vote was taken.
Valerie Ross, Director of Development Services, stated that Development
Services staff, County staff, and school district staff met last winter to discuss
some concerns with the safety of children at the subject crosswalk. She stated
that the school district initially wanted a signal, which would run about $200,000;
however, it was determined that this flashing beacon would alert motorists and
could be accomplished sooner. Ms. Ross stated that concerns were raised about
the height of the flashing signal, and she explained that the height was determined
to catch the attention of motorists well before they approach the crosswalk so they
would be prepared to slow down when children are present. She stated that this
beacon could be set so that it only operates during the peak hours when children
are traveling to and from school.
Council Member/Commissioner McCammack stated that if the school district
feels that this area needs a signal, then they should pay for a signal. She stated
20 09/05/2006
that stop signs give folks a false sense of security. She added that she didn't think
this action was going to solve the problem, but it was better than nothing.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2006-326 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
40. RES. 2006-327 - 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. (Continued from August 21, 2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-327 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
41. 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.
(Continued from August 21, 2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, 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.
42. Resolution of the City of San Bernardino adopting the Five -Year Capital
Improvement Program (2006-2010) for Measure "I" local expenditures.
City Attorney Penman stated that he believed they may have discovered a conflict
with another Council Member; therefore, he recommended this item be continued
for two weeks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 18, 2006.
21 09/05/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry,
Kelley, Johnson, McCammack; City Clerk Clark, Economic Development Agency
Executive Director Pacheco and Special Counsel Sabo. Absent: None. Vacant: Third
Ward.
R43. Hearing - resolution of public interest and necessity for acquisition of real
property at 1108 West 2°" Street - Belichefsky
RES. CDC/2006-39 - 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 1108 West 2nd Street, San Bernardino, California (Belichefsky - APN:
0138-301-07) in the Uptown Redevelopment Project Area.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, stated that
the acquisition of this particular piece of property was important to the successful
development of this proposal. She stated that they have communicated with the
property owner on numerous occasions, but because they have not been
successful in the acquisition negotiations, the resolution of necessity was before
the Council for approval.
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because she owns property within 500 feet of the subject property.
She left the Council Chambers and returned after the vote was taken.
No public comments were received.
Council Member/Commissioner Baxter
Member/Commissioner Estrada, that
resolution be adopted.
made a motion, seconded by Council
the hearing be closed; and that said
22 09/05/2006
The motion carried and Resolution No. CDC/2006-39 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.
44. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed a handout
and spoke about the death of Paul Wells.
45. Adjournment
At 5:18 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, September 18, 2006, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 45
No. of Hours: 3.7
RACHEL G. CLARK
City Clerk
B,Ca��cJ
Linda Sutherland
Deputy City Clerk
ON