HomeMy WebLinkAbout01-22-2007 MinutesCITY OF SAN BERNARDINO
300 N. `D" Street
San Bernardino, CA 92418
Website: www.sbeity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 22, 2007
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community Development
Commission, and San Bernardino City Housing Authority of the City of San Bernardino
was called to order by Mayor/Chairman Morris at 1:36 p.m., Monday, January 22,
2007, 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, Brinker,
Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City
Manager Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Jennifer Carrigan v. San Bernardino Police Department, et al. - San
Bernardino Superior Court Case Nos. SCVSS 137135 and SCVSS
140033;
1 01/22/2007
People of the State of California, et al. v. Manta Management Corps. -
San Bernardino Superior Court Case No. SCVSS 117285;
San Bernardino City Professional Firefighters Union, Local 891, et al. v.
Larry Pitzer, et al. - United States District Court Case No. EDCV 00473
VAP (SGL).
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: One Case
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
Mid -Management Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under Agenda Item No. IA, Existing Litigation:
Cal Osha v. City of San Bernardino, Public Services Fleet Division,
Inspection No. 307460444;
Under. Agenda Item No. 1B, Significant Exposure to Litigation: Garrett
Zimmon disability retirement.
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Closed Session Announcement
City Clerk Clark announced that in closed session a motion was made by Council
Member/Commissioner Kelley, seconded by Council Member/Commissioner Johnson
approving the retention of Arlene Prater, Esq. of the law firm of Best, Best & Krieger at
the hourly rate of $250 to defend the City's position in the matter regarding the Garrett
Zimmon disability retirement.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None.
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, Community
Development Commission and San Bernardino City Housing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Mr. Verne Schweiger of the Diocese of San Bernardino,
followed by the pledge of allegiance, led by Stephanie Jimenez, a fifth grade student at
Ramona Alessandro Elementary School.
Moment of Silence
Mayor Morris expressed condolences to the families and requested a moment of silence
in memory of Joe Margolis, market manager for San Bernardino's Market Night; Donald
T. Wright, owner and operator of Wright and Walker Tire and Auto Supply for 35 years
and resident of San Bernardino for 65 years; Susan Zinn, wife of Reverend Rob Zinn,
pastor of Immanuel Baptist Church; and Refugio "Cuca" Hernandez, a local business
owner for 15 years, a volunteer for Casa Ramona and the Home of Neighborly Services
for nearly 30 years and a resident of San Bernardino for nearly 70 years.
2. Appointments - Measure Z Citizens Oversight Committee
• Rafael R. Rawls - Council Member Johnson
• Marlene Evans - Council Member Kelley
• Susan Lien Longville - Council Member Baxter
• John N. Maxwell - Council Member McCammack
Daniel Gonzalez - Board of Police Commissioners - Council Member Brinker
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the appointments of Rafael R. Rawls,
Marlene Evans, Susan Lien Longville, and John N. Maxwell, to the Measure Z
Citizens Oversight Committee, as requested by Council Members/Commissioners
Johnson, Kelley, Baxter, and McCammack; and Daniel Gonzalez to the Board of
Police Commissioners, as requested by Council Member/Commissioner Brinker,
be approved.
3 01/22/2007
3.
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The motion carried by the following vote: Ayes: Council Members/ -
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
Presentations
Council Member/Commissioner McCammack honored Nicholas Austin and
Steven Janzen for achieving the rank of Eagle Scout.
Council Member/Commissioner Kelley presented resolutions of commendation to
Jack Reilly and Freddie Spellacy in recognition of their outstanding service to the
citizens of the City of San Bernardino.
In commemoration of their 30' anniversary, Omnitrans Executive Director
Durand Rall, and Director of Marketing Wendy Williams, gave a brief
presentation of current services and future plans.
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
Edna DiVellis
Mirela Grigoreseu
Linda South
Ken Mosely
Michael Eckley
Helen Gardner
John Baeza
Linda Ceballos
Craig Woodmansee Jr
Announcements
Department
Years of Service
City Attorney
10
Development Services
5
Finance
10
Fire
25
Information Technology
15
Police
10
Public Services
40
Public Services
10
Public Services
10
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 Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolutions and ordinances
on the regular agenda of the Mayor and Common Council and Community
Development Commission, be waived.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: December
4, 2006; and December 18, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated January 3, 2007, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated January 22, 2007 in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City of
San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9. RES. 2007-19 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the hiring of Arias & Lockwood to represent the
City and any designated employee regarding the case entitled Mary Louise
Vargas, et al. v. City of San Bernardino, et al., United States District Court
Case No. EDCV 06-01402 VAP QCRx).
5 01/22/2007
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-19 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2007-20 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odlum & Haws and the City of San
Bernardino in the case of Michael Desrochers and Steve Lowes v. City of San
Bernardino, et at.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-20 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. ORD. MC-1238 - Ordinance of the City of San Bernardino adding Chapter
3.27.105 to the San Bernardino Municipal Code to establish a storm drain
development impact fee, and amending Chapters 3.27.020 and 3.27.110 of
the San Bernardino Municipal Code. FINAL READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted.
Ordinance No. MC-1238 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. Item deleted
13. RES. 2007-21 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing execution of an Agreement with the City of San
Bernardino and the San Bernardino Black Culture Foundation for imancial
assistance from the Civic and Promotion fund for FY 2006/07.
6 01/22/2007
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
request from the Black Culture Foundation for direct funding in the amount of
$4,500 and indirect funding in the amount of $20,022 be transferred from the
2006/07 Civic and Promotion fund to various City departmental accounts as listed
in the attached staff report dated January 8, 2007, from Fred Wilson, City
Manager; and that a waiver of fees and use of City personnel and equipment be
authorized to assist in the 2007 Black History Parade scheduled for February 3,
2007, be approved.
The motion carried and Resolution No. 2007-21 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. Budget adjustment to account for grant revenues funding the I-210 Corridor
Enhancement Plan
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2006/2007 budget by increasing Account No. 242-362-5504-7738
(I-210 Corridor Enhancement Plan) by $237,500 and making a corresponding
increase to revenue Account No. 242-000-4630 (State Reimbursement) to reflect
the $237,500 in grant funding from Caltrans.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
15. RES. 2007-22 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Subdivision Tract No. 16509-6
(Unit 6 - Lots 106 through 159) located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control
Channel, accepting the public dedications as set forth on said maps; and
authorizing execution of the standard form of agreement for the
improvements in said subdivisions, with time for performance specified.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-22 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7 01/22/2007
16. RES. 2007-23 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute Master Agreement No. 08-
5033R Administering Agency - State Agreement for Federal -Aid Projects
between the City of San Bernardino and the State of California Department
of Transportation.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-23 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2007-28 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving an Overhead Agreement with Burlington
Northern Santa Fe (BNSF) Railway Company and County of San Bernardino
and the San Bernardino Associated Governments (SANBAG) for the
University Parkway grade separation project (CIP SSO4-52).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-28 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2007-24 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying submittal of an on-line grant application for the FY
2006 Assistance to Firefighters Grant Program: Fire Prevention and Safety
Grant to the Department of Homeland Security in the amount of $84,000.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-24 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2007-25 - Resolution of the City of San Bernardino rescinding
Resolution 2006-401 and re -authorizing the purchase of 29 Motorola XTS
2500 portable and 10 Motorola XTL 2500 mobile radios from Motorola, Inc.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
8 01/22/2007
Resolution No. 2007-25 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2007-26 — Resolution of the Mayor and Common Council of the City of
San Bernardino repealing Resolution No. 2006-365 and authorizing the
execution of an Agreement with the Sinfonia Mexicana for the promotion of
arts and culture.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-26 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. Resolution of the Mayor and Common Council authorizing the Mayor to
execute an Agreement between the City of San Bernardino and the Public
Safety Academy for use of the Norton Recreation Center Gymnasium for the
period of January 1, 2007 through December 31, 2007 and ratifying all action
taken between January 1, 2007 and the approval of the Resolution.
Note: No resolution was distributed with the backup materials.
Staff indicated that there were some unresolved issues with this contract and
requested that the matter be continued for two weeks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of February 5, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
22. Naming of new park in honor of Freddie Spellacy
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council approve the
naming of a new park that is located in the University Park Homes Project, next
to Ash Street, in honor of Freddie Spellacy.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9 01/22/2007
23. Naming of new park in honor of President Ronald Reagan
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council approve
the naming of a new park that will be located in the Paraiso Estates, south of the
Chestnut Trail System, just below Irvington Avenue, in honor of President
Ronald Reagan.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
24. Naming of new park in honor of Jack Reilly
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council approve the
naming of a new park that will be located at the corner of Norma Lane and
Stephanie Avenue, in honor of Jack Reilly.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
25. RES. 2007-27 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and purchase
order to Rubberized Crackfiller Sealant, Inc. for crack -sealing throughout
the City of San Bernardino.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-27 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 16.12.110 relating to political signs and Section
16.12.150 relating to violation -penalty. FIRST READING
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be laid over for final
adoption.
10 01/22/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
27A. Street Sweeping Reorganization
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council:
Reclassify one (1) Electrician II, Range 1395, $3,183-$3,869 per month to Motor
Sweeper Operator, Range 1356, $2,621-$3,185;
Reclassify one (1) Maintenance Worker II, Range 1348, $2,518-$3,061 per
month to Motor Sweeper Operator, Range 1356, $2,621-$3,185;
Reclassify one (1) Administrative Clerk II, Range 1313, $2,115-$2,571 per
month to Administrative Operations Technician, Range 1376, $2,896-$3,520; and
Authorize the Director of Human Resources to update Resolution Nos. 6413 and
97-244 to reflect these actions.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
27B. Salary Adjustments for the HVAC Mechanic, HVAC Supervisor, and
Facilities Maintenance Supervisor in the Facilities Management Department
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council:
Adjust the salary for one (1) HVAC Mechanic from Range 1414, $3,500-$4,254
per month to Range 1434, $3,867-$4,700;
Adjust the salary for one (1) HVAC Supervisor from Range 2436, $3,906-$4,747
per month to Range 2446, $4,105-$4,990;
Adjust the salary for one (1) Facilities Maintenance Supervisor from Range 2452,
$4,230-$5,142 per month to Range 2462, $4,446-$5,405; and
Authorize the Human Resources Department to amend Resolution No. 6413 to
reflect these actions.
11 01/22/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
28. RES. 2007-29 - Resolution of the Mayor and Common Council authorizing
the Mayor to approve a Contractual Agreement between the City of San
Bernardino and KaBOOM! for services to purchase, plan, design and
construct a community -build playground located at Tom Minor Park.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-29 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Note: Council Member/Commissioner McCammack subsequently changed
her vote to an abstention. See page 14 for the final vote.
City Attorney Penman advised that his office did not sign this resolution. He
stated that playground equipment is the source of numerous injuries including
injuries that paralyze and cause deaths, and whenever the City has purchased or
has been involved in acquiring playground equipment in the past, the vendor has
always agreed to enter into a mutual indemnification hold -harmless agreement;
however, this group has refused to do so, which puts the City in a difficult
situation.
Mr. Penman noted that on page 5 of the agreement it states that, "It is agreed that
the City of San Bernardino will indemnify and hold harmless KaBOOM! and/or
the Funding Partner and their respective officers, directors, employees, or agents
from any and all claims, costs, expenses (including attorney's fees and
disbursements) or actions associated with this playground project from any claim
or action, including but not limited to claims and actions for personal injury,
death, or property damages resulting from the use of any playground property and
equipment, except to the extent resulting from any willful misconduct of
KaBOOM! and/or the KaBOOM! Funding Partner."
Mr. Penman noted that on page 6, under Warranty, the agreement provides that,
"the playground equipment is covered under warranty by the selected playground
equipment company in accordance with its warranty policy. Upon request, a
copy of the warranty for the playground -equipment and the safety -surfacing will
be provided by the manufacturer(s) to the Community Partner." Mr. Penman
added that the request had been made, but the warranty information had not yet
been received. He stated that the agreement also provides that "While
playground equipment and/or material manufacturers may provide a warranty
12 01/22/2007
with respect to their product, The City of San Bernardino acknowledges that
neither KaBOOM! or Funding Partner nor their respective officers, directors,
employees or agents, have made nor are in any manner responsible or liable for
any warranty, representation, or guarantee, express or implied, in fact or in law,
relative to any equipment or material, including but not limited to its quality,
mechanical condition or fitness for a particular purpose."
Mr. Penman advised that the agreement goes on to provide that "Notwithstanding
the foregoing, the City of San Bernardino shall be solely responsible for the
playground and its equipment upon certification of the playground."
Mr. Penman stated that the Mayor and Council need to understand that they will
be embarking on new territory if this is approved. He stated that he has not seen
the warranties yet, and that this will be the first time we have entered into an
agreement whereby we have not had a mutual indemnification hold -harmless
provision. So should a child be injured, which is likely, Mr. Penman stated that
the burden will be on the City and the City Attorney's Office will do what they
can under legal principles, but to go after the manufacturer without an agreement
between us and the manufacturer, holding the manufacturer responsible, the entire
burden could fall on the taxpayers.
Council Member/Commissioner McCammack asked if there was any other way to
go through another vendor.
City Manager Wilson stated that it was his understanding that this grant is
provided through KaBOOM! and those are the terms of this deal. He pointed out
that this is not a guarantee yet, it is a competitive process, and they are hoping
that they will find out who was selected sometime this week. He stated that it is
unusual that they require the procedure to be done this way, but that's how
KaBOOM! operates in other cities, and they have given these grants to cities
throughout the nation.
Council Member/Commissioner McCammack stated that her concern was not that
this wasn't a wonderful grant opportunity, but it would leave the taxpayers on the
potential hook, which they have never done before. She stated that it's not that
she couldn't support the grant or new playground equipment, she just did not
think it was a wise move for the City to make if they would be leaving the
taxpayers on the hook for a potential lawsuit. Therefore, Mrs. McCammack
stated that she wanted to change her previous vote and that she would abstain
from voting on this matter.
Mayor/Chairman Morris stated that they should not become discouraged. He
stated that this was a wonderful project that would provide a substantial stipend
with a very modest match by the City for playground equipment that appears to
be a well articulated, well designed structure.
13 01/22/2007
Council Member/Commissioner McCammack stated that she was not
discouraging her colleagues from applying for the grant. She stated that if we
vary from past practice, then new vendors would come along expecting us to do
the same and then we would continue to make those types of decisions. She
added that she had decided that it wouldn't be fair to the taxpayers.
Council Member/Commissioner Estrada stated that those issues were considered
at the committee level and they believed that it would not hurt to proceed with the
project at this time. She stated that there is some additional investigation that is
being done by the City Manager's Office to get more information from those
cities that have received these types of grants. Obviously, there is always the
opportunity to not sign on the dotted line if they found out that there was
something exceptional that might bring harm to the City.
City Attorney Penman stated that the one thing that is different about this grant
from any other grant he has ever seen before is that they require us to approve the
language of the agreement before we enter into the agreement and before they
make the decision to give the grant.
Resolution No. 2007-29 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Abstentions: Council Member/Commissioner McCammack.
Absent: None.
29. Public meeting - formation of a Landscape Maintenance Assessment District
in the Belmont Avenue and vacated Chestnut Avenue area (AD 1052, Tract
No. 16795)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the public meeting relative to the
formation of a Landscape Maintenance Assessment District in the Belmont
Avenue and vacated Chestnut Avenue area (AD 1052, Tract No. 16795) be
closed; and protests and ballots, if any, be carried over to the public hearing on
February 5, 2007, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
14 01/22/2007
30. Appeal hearing - Danny's Towing - decision by San Bernardino Police
Department to suspend towing contract for 30 days effective January 8, 2007.
(Continued from January 8, 2007)
Council Member/Commissioner McCammack stated that she would abstain on
this matter because Danny's Towing is one of her clients. She left the Council
Chambers and returned after the vote was taken.
The hearing remained open.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None.
Abstentions: Council Member/Commissioner McCammack. Absent: None.
31. Authorize the Director of Development Services to execute Contract Change
Order No. One to the contract with 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 (Continued from January 8, 2007)
Council Member/Commissioner McCammack stated that she would abstain on
this matter because this particular vendor is going to be doing work within 500
feet of her business. She left the Council Chambers and returned after the vote
was taken.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to execute Change Order No. One in the amount of $32,929.90 to a
contract with Oak Engineering, Inc. for traffic signal improvements at 5' 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.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None.
Abstentions: Council Member/Commissioner McCammack. Absent: None.
15 01/22/2007
32. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a Management Services Agreement between
the City of San Bernardino and For the Game, LLC to provide management
services at the San Bernardino Soccer Complex for the period of January 1,
2007 through December 31, 2012. (Continued from January 8, 2007)
Note: No resolution was distributed with the backup materials.
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, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
33. RES. 2007-30 - Resolution of the Mayor and Common Council of the City of
San Bernardino, approving in concept, the Redlands Passenger Rail Station
Area Plans Report. (Item referred from December 4, 2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted; and that
staff be directed to explore options for implementing the Redlands Passenger Rail
Station Area Plans Report.
The motion carried and Resolution No. 2007-30 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
34. RES. 2007-31 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute Agreements with the State
Board of Equalization for implementation of a Local Transactions and Use
Tax.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-31 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Mayor/Chairman Morris stated that there was a speaker on this subject.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, to rescind the prior vote to allow the
speaker to comment.
16 01/22/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
Pastor T. Elliott, 1895 Del Rosa, San Bernardino, CA, stated he applauded the
effort made by the Mayor and Council in organizing the Oversight Committee.
He stated that this was a hard piece of legislation to get through some areas of the
City. Mr. Elliott stated that he wants to see accountability —he wants to see the
money come back into the community the way it was previously allocated.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2007-31 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Kelley.
COMMUNITY DEVELOPMENT COMMISSION
Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City
Clerk Clark, Economic Development Agency Executive Director Pacheco and Special
Counsel Sabo. Absent: None.
R35. Public hearing - Housing Component of the Five (5) Year Implementation
Plan (Continued from December 18, 2006)
RES. CDC/2007-1 - Resolution of the Community Development Commission
of the City of San Bernardino adopting the Redevelopment Agency's Five (5)
Year Housing Implementation Plan for the Agency's Redevelopment Project
Areas (Housing Component 2004/05 - 2008/09 and Ten (10) Year Affordable
Housing Compliance Plan).
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, provided
highlights of the staff report. She recommended that the Council adopt this plan
with the understanding that it is subject to change, it does not bind the
commission, it simply is a basis for looking at numbers and it creates a
foundation for the number of units and housing funds that will be available over
the next ten years, recognizing that those numbers may change subject to
development in each of the respective project areas.
17 01/22/2007
Council Member/Commissioner McCammack stated that she would abstain due to
the fact that her business is located within the Uptown Redevelopment Area. She
left the Council Chambers and returned after the vote was taken.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. CDC/2007-1 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council
Member/Commissioner McCammack. Absent: None.
R36. Joint Public hearing - Disposition of vacant property located at the northerly
terminus of Little League Drive and north of Nancy Lane - north Verdemont
area
RES. 2007-32 - Resolution of the Mayor and Common Council of the City of
San Bernardino (1) accepting the City of San Bernardino Board of Water
Commissioner's recommendation declaring the property located at the
northerly terminus of Little League Drive and north of Nancy Lane (1.345
acres APN: 0348-121-18) ("Property") and declaring said Property Surplus
Property; (2) approving and authorizing the Mayor to execute that certain
Purchase and Sale Agreement ("Agreement") by and between the City of San
Bernardino (`City") and the Redevelopment Agency of the City of San
Bernardino ("Agency") related to said Property; and (3) consenting to the
sale of said Property by the Agency to GFR Enterprises, Inc. (Rancho Line,
LLC). (R36A)
RES. CDC/2007-2 - Resolution of the Community Development Commission
of the City of San Bernardino approving (1) that certain Purchase and Sale
Agreement by and between the City of San Bernardino ("City") and the
Redevelopment Agency of the City of San Bernardino ("Agency") related to
the property located at the northerly terminus of Little League Drive and
north of Nancy Lane (1.345 acres APN: 0348-121-18) ("Property"); (2) that
certain Purchase and Sale Agreement by and between the Agency and GFR
Enterprises, Inc. (Rancho Line, LLC) related to the Property; and (3)
authorizing the Agency Executive Director to execute said Purchase and Sale
Agreements. (R36B)
Mayor/Chairman Morris opened the hearing.
18 01/22/2007
Maggie Pacheco, Economic Development Agency Executive Director, stated that
the Water Board had declared the 1.345 acres as surplus property and they wished
to sell it to the Agency and simultaneously the Agency had arranged for the parcel
to be purchased by GFR who will use a portion of the parcel for one lot in a 76-
unit subdivision and the majority of the parcel will be used for public right-of-
way purposes, a street and open space.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolutions A&B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2007-32 and
Community Development Commission Resolution No. CDC/2007-2 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None..
R37. Joint public hearing - Amendment No. 2 to the 2005 Meadowbrook Single -
Family Residential Development Agreement with Meadowbrook Park Homes,
Inc. (IVDA Redevelopment Project Area)
RES. 2007-33 - Resolution of the Mayor and Common Council of the City of
San Bernardino consenting to the disposition of certain Agency Lots located
at 151 and 161 East 2nd Street, and 163 and 171 North Allen Street by the
Redevelopment Agency of the City of San Bernardino ("Agency") pursuant
to Amendment No. 2 to the 2005 Meadowbrook Single -Family Residential
Development Agreement by and between the Agency and Meadowbrook Park
Homes, Inc. (IVDA Redevelopment Project Area) (R37A)
RES. CDC/2007-3 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute Amendment No. 2 to the 2005 Meadowbrook Single -
Family Residential Development Agreement ("Amendment No. 2") by and
between the Agency and Meadowbrook Park Homes, Inc., and making
certain findings and determinations related to said Amendment No. 2 (IVDA
Redevelopment Project Area). (R37B)
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, stated that
this amendment will address the conveyance of four parcels to Meadowbrook
Homes to build four additional homes in the Meadowbrook revitalization area. In
addition, it will amend the Schedule of Performance to allow ANR time to
19 01/22/2007
complete these homes by December 31, 2007, and it will also extend the
Downpayment Assistance to its buyers of these four new homes.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolutions A&B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2007-33 and
Community Development Commission Resolution No. CDC/2007-3 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
R38. Hearing - Resolution of public interest and necessity for acquisition of real
property at 100, 114 and 122 N. Allen Street - Bonnie S. Johnson
RES. SBHA/2007-1 - Resolution of the San Bernardino City Housing
Authority declaring the Public Interest and Necessity of Acquisition of Real
Property by the San Bernardino City Housing Authority over the property
located at 100, 114 and 122 North Allen Street, San Bernardino, California
(Bonnie S. Johnson - APNs: 0135-292-49, 50 and 51 respectively) (IVDA
Redevelopment Project Area - Meadowbrook Neighborhood Restoration
Area).
Council Member/Commissioner Johnson stated that he would abstain on this
matter because the property is owned by his aunt, who is also his employer. He
left the Council Chambers and returned after the vote was taken.
Maggie Pacheco, Economic Development Agency Executive Director, stated that
this was a hearing for the property owner to present any information that might be
relevant to the potential taking of the affected parcel. She stated that staff very
thoroughly documented the background and the history related to the Agency's
efforts to acquire this particular property. They also documented that on various
occasions they attempted to work with the property owner to develop the property
and that did not prove to be successful. Ms. Pacheco stated that the property
owner, under the owner participation agreement that was approved by this board,
defaulted and did not perform so the parcels continue to remain vacant at the
corner of Allen Street and Rialto Avenue. She stated that the Agency attempted
to purchase the property, but again they were not successful. Ms. Pacheco
advised that the Agency is now at an impasse and is asking the Council to adopt
the resolution so they can move forward with the condemnation to acquire the
property to ensure that the property is developed in accordance with the
Meadowbrook revitalization plan that was approved by this commission.
20 01/22/2007
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Bonnie Johnson, sole owner of the property, stated that she has a buyer for the
property and it was her understanding that he received a letter of credit for $2
million to purchase the property.
Alton Curtis Green stated that he is purchasing the property from Bonnie
Johnson and that he had met with the Economic Development Agency (EDA)
recently in reference to the property. He stated that he understood that the
property was under condemnation and he was told to be here for the hearing this
evening. Mr. Green stated that at that time, EDA had asked him to gather
several documents together in order to purchase this property. He stated that at
this time he has a full set of plans that were approved by EDA and the City of
San Bernardino, he has the necessary permits, he has a receipt for the fees paid to
the School Board, he has a line of credit for $1 million to do the development on
the three properties at 100, 114 and 122 North Allen Street, and he has a full staff
that is ready to go to work.
Mayor/Chairman Morris stated that this declaration of public interest and
necessity did not foreclose the possibility of working with Ms. Pacheco and the
EDA staff to this very end, which they have been trying to reach for some time.
Ms. Pacheco stated that the Mayor was correct in his statement. She indicated
that she had a discussion with Mr. Green and told him that it would be incumbent
upon him to document his capability to perform the financing and obtain the
appropriate permits, etc. She stated that she had some partial information that
had not been substantiated at this point in time, so the Agency is in the process of
reviewing the documentation that Mr. Green had provided. Ms. Pacheco stated
that given the history of the prior purchaser of the property, who was under
contract with Mrs. Johnson to purchase and develop the property at one time and
did not perform, and, in fact, defaulted under the contract with Mrs. Johnson,
and in the interest of proceeding expeditiously with this acquisition, she stated
that she would like to see the Council adopt the resolution with a caveat that if
staff has received substantial evidence that leads them to believe that Mr. Green is
capable of performing financially and is able to carry out the new development in
accordance with their approved plans, then the Agency would not institute the
eminent domain.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted, with a caveat that
if the purchaser of the property, Alton Curtis Green, can provide substantial
evidence that he is capable of performing financially and is able to carry out the
development in accordance with the approved plans, then the Agency will not
institute eminent domain.
21 01/22/2007
The motion carried and Resolution No. SBHA/2007-1 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, McCammack. Nays: None. Abstentions: Council
Member/Commissioner Johnson. Absent: None.
R39. Funding for month -to -month Lease Agreement for the Operation Phoenix
Headquarters located at 1450 North Waterman Avenue (IVDA
Redevelopment Project Area)
Maggie Pacheco, Economic Development Agency Executive Director, stated that
part of the success of the Operation Phoenix program has to do with centralizing
all the various services that were needed in the given geographic area that they
are working in. She stated that they identified the north Waterman site for that
purpose and made arrangements to lease the premises on a month -to -month basis.
Ms. Pacheco stated that her signature authority to expend resources for that lease
ended in December, so she has to ask the Council to ratify the expenditure on
this. She stated that the funding of $48,000 would allow them to keep the
operation of the headquarters open until July 18, 2007, and during that timeframe
staff will develop a sustainability plan that will be addressed at the workshop that
will take place in February.
Council Member/Commissioner McCammack stated that she noticed in the
backup that there are other agencies that share space; namely, the Superintendent
of Schools, the Crisis Team, the School Police Department, Youth Services,
other county agencies such as Public Health, Behavioral Health, Juvenile
Probation, some community/church organizations, Federal Departments and State
Offices. She asked if any of these other agencies had been asked to help pay for
this lease.
Ms. Pacheco stated that they had not. She stated that they are providing a service
at no cost to the community and the decision was that their contribution would be
in the form of providing a central location.
Council Member/Commissioner McCammack asked what other items had been
funded with neighborhood improvement program monies.
Ms. Pacheco stated that to the best of her recollection they appropriated
something like $132,000 to Parks and Recreation sometime last winter.
Ms. McCammack stated that she was talking about other neighborhood
improvement project monies like the one Mrs. Longville spearheaded when she
was on the Council.
Ms. Pacheco stated that in neighborhood initiative target area No. 1, which is
contiguous to the Operation Phoenix area and is commonly referred to as NIP
No. 7, they expended in excess of $2 million from the NIP Fund.
22 01/22/2007
Ms. McCammack asked what was funded with that money.
Ms. Pacheco stated that they primarily funded beautification, infill development,
infrastructure, the purchase of HUD repos, and demolition. Ms. Pacheco stated
that federal dollars were received from HUD and appropriated to the County of
San Bernardino who then appropriated them to the City of San Bernardino and to
other cities.
Ms. McCammack stated that some of the Council Members have been
questioning the expenditures they have been asked to approve through the
Operation Phoenix strategy and that strategy has obviously been working based
on news reports and information coming from the Mayor's Office. She formally
requested the results of the original survey that was taken in that 20-block area,
the results of the most current survey that several code officers passed out this
past Saturday, and how much was spent from 6/1/06 to 12/31/06 and for January
of 2007, and on the Operation Phoenix Program from its inception date including
Police, Fire, Code, Refuse, Parks and Recreation, the Mayor's Office and other
City staff not mentioned in the above departments including any Economic
Development Agency funds and other General Fund monies and separated out
grant monies. Ms. McCammack stated that she was asking for this information
tonight so she would not have to ask for it again during the workshop, and
because that information has not been forthcoming to this point, she indicated that
she would abstain from voting on this matter.
Mayor/Chairman Morris assured Ms. McCammack that she would receive a
complete and detailed presentation on Operation Phoenix at the workshop in
February including budget expenditures.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that the Community Development Commission of
the City of San Bernardino authorize and approve additional funding in the
amount of $48,000 for the month -to -month Lease Agreement (ending July 18,
2007) for the Operation Phoenix headquarters located at 1450 North Waterman
Avenue.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None.
Abstentions: Council Member/Commissioner McCammack. Absent: None.
23 01/22/2007
PLANNING
40. Hearing - Appeal No. 06-15 - Appeal of Planning Commission approval of
Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to
request elimination of a mitigation measure requiring a fair -share
contribution to the long-term operation and maintenance of the Verdemont
Fire Station - project site is located on the south side of Industrial Parkway
between Cable Creek and Devil Creek in the III, Industrial Heavy land use
district (Continued from December 4, 2006)
The hearing remained open.
Mayor/Chairman Morris stated that the appellant had requested a two -week
continuance.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of February 20, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry.
41. Public Comments
Margaret Newman, 460 W. 36' Street, San Bernardino, CA, stated that because
of the removal of the bus stop at 36`s and "E" Streets, she now has to walk down
to 341" and "E" Streets, which is very dangerous. She stated that the City should
provide some type of transportation for the elderly and the disabled that live in
the area. She also voiced her concerns about the uneven sidewalks on "E" Street.
William Annabi, 1534 W. Highland, San Bernardino, CA, spoke regarding the
growing number of cellular sites in the northwest part of the City.
James Smith, 1156 E. 24' Street, San Bernardino, CA, extended an invitation to
the Mayor and Council to attend their annual Flag Day ceremony at the Elks
Lodge on June 14, 2007.
Reverend Reginald Beamon, 1730 W. Gilbert Street, San Bernardino, CA,
invited the public to attend a pre-screening of a documentary about the evolution
of gangs that will be shown on January 23, 2007, at 12:30 p.m. in the Bing Wong
Room at the Feldheym Library, and will also be shown on HBO on February 6,
2007.
24 01/22/2007
Mr. Beamon also voiced his concerns about the lack of lighting on the west side
of the City. He stated that the light poles are there, but there aren't any lights, so
it is very dark. He stated that there are four lights out at the intersection on
Magnolia and also at Medical Center in Highland.
42. Adjournment
At 6:25 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, February 5, 2007, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
No. of Items: 42
No. of Hours: 5
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
25 01/22/2007