HomeMy WebLinkAbout06-Council Minutes Mayor Patrick J. Morris
CITY OF SAN BERNARDINO Council Members:
~"' 300 N. `D" $Creet Esther Estrada
Dennis J. Baster
San Bernardino, CA 92418 Tobin Brinker
Website: www.sbcity.org Neil Derry
Chas Kelley
San Berner ino Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 16, 2007
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., Monday, April 16, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by Assistant City Clerk Medina with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Derry,
Johnson, McCammack; City Attorney Penman, Assistant City Clerk Medina, City
Manager Wilson. Absent: Council Members/Commissioners Estrada, Kelley.
Council Member/Commissioner Estrada Arrived
At 1:37 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commission meeting.
Council Member/Commissioner Kelley Arrived
At 1:45 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission
meeting.
1. Closed Session
Pursuant to Government Code Section(s):
1 04/16/2007
i
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
City of San Bernardino v. California Electric Power Company, et al. -
San Bernardino Superior Court Case No. SCVSS 134263;
Patel Pravin D., et al. v. City of San Bernardino -United States Supreme
Court Case No. 06-1118;
Peggy Jean Bateman v. City of San Bernardino -Workers' Compensation
Appeals Board No. SBR 0324270.
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:
Inland Communities Corp. v. City of San Bernardino, et al. (Paradise
Hills).
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 Organizations:
Mid-Management Unit
G. Conference with real property negotiator -pursuant to Government Code
Section 54956.8:
2 04/16/2007
Central City North Redevelopment Project Area (Downtown
~tst ton ogram
1. Property Address: 795 West 5`" Street, San Bernardino
APN: 0134-093-41
Negotiating Parties: Maggie Pacheco, Executive Duector, on
behalf of the Redevelopment Agency, as
buyer, and Tien Lee International Limited
Corp., property owner/seller
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 770 West 5`" Street, San Bernardino
APN: 0134-054-26
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Raul M. Najera and Catalina A.
Barrera Cantoran, property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
3. Property Address: 755 West 5'~ Street, San Bernazdino (Royal
Motel Site) APN: 0134-093-40
Negotiating Pazties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
property owner, and the Salvation Army,
potential lessee
Under Negotiation: Lease, terms and conditions
4. Property Address: 723-739 West 5`" Street, San Bernardino
APN: 0134-093-07
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Walter L.B. Ammons, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
5. Property Address: 673 West 5'" Street, San Bernazdino
APN: 0134-101-02 and 03
3 04/16/2007
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
Buyer, and San Bernardino School Property,
a general paztnership, and Gerardo Gazcia,
property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that two additional matters would be discussed
in closed session under Agenda Item No. 1B, Significant Exposure to Litigation:
Legal issues regarding Agenda Item Nos. 32 and 36.
Special Counsel Sabo announced that due to paztial omission of Agenda Item No.
G5, Conference with real property negotiator, the following matter would be
discussed in closed session:
Property Address: 673 W. 5`" Street, San Bernardino
APN: 0134-101-02 and 03
Negotiating Parties: Maggie Pacheco, Executive Duector, on
behalf of the Redevelopment Agency, as
Buyer, and San Bernardino School Property,
a general partnership, and Gerardo Gazcia,
property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regulaz agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Petra Malleis-Sternberg of First Congregational
United Church of Christ, followed by the pledge of allegiance, led by Rafael Cazares
from Alessandro School.
Moment of Silence
Mayor/Chairman Morris extended condolences to the families and requested a moment
of silence in memory of those who lost their lives today at Virginia Tech.
2. Appointments
Council Member Brinker
• Steven Rodriguez, Jr. -Animal Control Commission
Council Member McCammack
• Tierney Harris -Community Television Commission
• Frank Guzman -Board of Police Commissioners
4 04/16/2007
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner McCammack, that the appointments of Steven Rodriguez,
Jr. to the Animal Control Commission, Tierney Harris to the Community
Television Commission, and Frank Guzman to the Board of Police
Commissioners, as requested by Council Members Brinker and McCammack, be i
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
3. Presentations & Proclamations
Ma or/Chairman Morris and Fire Chief Mike Conrad presented a Certificate of
Y
Recognition to Deputy Fire Chief Mat Fratus for being selected as the recipient of
the FEMA "2006 Executive Fire Officer Program Outstanding Applied Research
Project Award" for his paper entitled, "High Reliability Organization Theory and
the San Bernardino Ciry California Fire Department. "
Peggi Hazlett, Assistant to the Mayor, announced that last week a proclamation
was mailed to Agnes Gibboney, Leader of the Inland Empire Chapter of Pazents
of Murdered Children (POMC) serving San Bernardino, Riverside, and Eastern
Los Angeles Counties. The Mayor and Common Council proclaimed the week of
Apri122-28, 2007, as National Crime Victim's Week.
Peggi Hazlett, Assistant to the Mayor, read the ttames of the following individuals
who were presented a service pin award by Mayor/Chairman Morris in
recognition of their many years of dedicated service to the City:
Name Department Years of Service
Darian Ford Animal Control 5
Rudy Olguin Fire 35
James Sheridan Fire 30
Edward Erjavek Library 10
Jesus Sandoval Parks, Recreation & Community 10
Services
Jill Fonzi Police 10
Michelle Ulloa Police 5
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, community, and chamber events and activities.
5 04/16/2007
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5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
6. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated April 5, 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.
7. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated April 12, 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.
8. RES. 2007-115 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between the law firm of Arias & Lockwood and the City of San
Bernardino in Matter of Marc Stephen Maxey, et a[.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-115 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6 04/16/2007
9. Item Deleted
10. RES. 2007-116 -Resolution of the City of San Bernardino objecting to the
May 2007 Tax Sale of Properties with City assessments.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-116 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Deny, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. Authorize the Director of Development Services to execute Contract Change
Order No. One to the contract with Powell Engineering Construction for
drainage improvements and pavement rehabilitation on Bailey Court (SD04-
14), per Project Plan No. 11245
Council Member/Commissioner Kelley asked the City Manager where they were 'I
with the Verdemont Infrastructure fees and when they would receive a report i
from the consultant.
City Manager Wilson stated that they did receive some draft numbers from the
consultant, but they are very high. He stated that in order to make it work they
would have to go back and rework some of the numbers so they could be
development-friendly and also address the needs in the Verdemont area.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Development Services be
authorized to execute Change Order No. One in the amount of $22,840.32 to a
contract with Powell Engineering Construction for drainage improvements and
pavement rehabilitation on Bailey Court (SD04-14), per Project Plan No. 11248.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
12. RES. 2007-128 -Resolution of the Mayor and Common Council of the City '
of San Bernardino awarding a Contract to Roadway Engineering &
Contracting, Inc. for storm drain and street improvements on Belmont
Avenue, west of Little League Drive, per Project Plan No. 11528, and
authorization for the Director of Finance to amend the FY 2006/07 Budget.
I
7 04/16/2007
1
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2006/07 budget by transferring $50,000 from Account No. 126-
369-5504-7362 (SS-I) "Residential Street Repairs" and $80,000 from Account
No. 248-368-5504-7167 (SD-A) "Cross Gutter and Drainage Inlet Repairs" to
Account No. 126-369-5504-7166 (SD-B) "Box Culvert Repairs;" and that said
resolution be adopted.
The motion carried and Resolution No. 2007-128 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
13. RES. 2007-117 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Contract with and issuance
of a purchase order to Best Roofing & Waterpoofing, Inc. DBA Best
Contracting Services, Inc. for the roof replacement at Fire Station 224 per
RFQ F-07-30.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-117 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. RES. 2007-118 -Resolution of the City of San Bernardino amending
Resolution No. 6429, entitled in part "A Resolution establishing a basic
compensation plan for officers and/or employees of the Police and Fire
Departments of the City of San Bernardino."
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-118 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2007-119 -Resolution of the Mayor and Common Council of the City
of San Bernardino in support of the 2006 Compact Amendment between the
San Manuel Band of Mission Indians and the State of California.
Council Member/Commissioner McCammack indicated that she would have to
abstain on this matter due to the fact that San Manuel is one of her clients.
8 04/16/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-119 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Abstentions: Council Member/Commissioner McCammack. i
Absent: None. i
16. Item Deleted II'
it
17. RES. 2007-120 -Resolution of the Mayor and Common Council of the City Iii
of San Bernardino authorizing the City Manager to execute a Maintenance i
Agreement with Versatile Information Products for maintenance of the City's '~
NICE logging recorder system, and ratifying any services previously provided
from March 1, 2007.
Council Member/Commissioner Baxter made a motion, seconded by Council ~I',
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-120 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2007-129 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute an Agreement
between the Guide Dogs of the Desert International and the San Bernardino
Police Department for the donation of a canine to be used as a narcotics
canine.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-129 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2007-121 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and increase to
an annual purchase order in the amount of $30,000, with three (3) single year
renewal options, to Arata Equipment Company for the purchase of specific
Labrie Equipment parts and supplies utilized by the Public Services Fleet
Division.
9 04/16/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 Fleet and Refuse
budgets as discussed in the staff report dated March 26, 2007, to reflect the
additional $30,000 in supplies and parts costs.
The motion carried and Resolution No. 2007-121 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
20. RES. 2007-122 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and increase to
an annual purchase order in the amount of $32,000.00, to McCray
Enterprises of San Bernardino for medium and heavy-duty equipment and
truck repair, including purchase of various related parts.
Council Member/Commissioner Baxter made a motion, seconded by Council II
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 Fleet and Refuse ~'i
budgets as discussed in the staff report dated March 26, 2007, to reflect the '
additional $32,000 in service and parts costs.
The motion carried and Resolution No. 2007-122 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
21. RES. 2007-123 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and increase to
an annual purchase order in the amount of $20,000.00, to Poma Distributing
Company, Inc., for automotive, heavy truck and heavy equipment
lubricants.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 Fleet budget as
discussed in the staff report dated March 20, 2007, to reflect the additional
$20,000 in lubricant costs.
The motion carried and Resolution No. 2007-123 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
10 04/16/2007
22. RES. 2007-124 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and increase to
an annual purchase order in the amount of $19,000.00, to Pride Automotive
for automotive, light and medium duty truck transmission service, repair and
exchange for the City's fleet.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 Fleet and Police
budgets as discussed in the staff report dated Mazch 9, 2007, to reflect the
additional $19,000 in outside vehicle maintenance costs.
The motion carried and Resolution No. 2007-124 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
23. RES. 2007-125 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an Agreement and increase to an annual
purchase order in the amount of $10,000.00, to Tec of California for the
purchase of specific equipment parts and supplies for the Public Services
Refuse Fleet utilized by the Public Services Department Fleet Division.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Duector of Finance be authorized to amend the FY 2006/07 Fleet and Refuse
budgets as discussed in the staff report dated March 23, 2007, to reflect the
additional $10,000 in pazts and supplies costs.
The motion carried and Resolution No. 2007-125 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
24. RES. 2007-126 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an Agreement and increase to an annual
purchase order in the amount of $30,000.00, to "Y" Tires of Los Angeles for
new and recapped tires, tubes and related repair services for City vehicles
and equipment, to be utilized by the Fleet Division.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 Fleet, Refuse, and
Police budgets as discussed in the staff report dated March 21, 2007, to reflect
the additional $30,000 in new and recapped fire costs.
11 04/16/2007
The motion carried and Resolution No. 2007-126 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
25. RES. 2007-127 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and Purchase
Order to Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3
of the Municipal Code for nine (9) Year 2007 Ford Ranger pick up trucks to
be utilized by the Parks, Recreation, and Community Services and Public
Services Departments.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
' Resolution No. 2007-127 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. Ordinance of the City of San Bernardino adding Chapter 2.23 to Title 2 of
the San Bernardino Municipal Code establishing the Historical Preservation
Commission. FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said ordinance be laid over for
final adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
27. Mid-Year Budget Review for Fiscal Year 2006/07
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the FY 2006/07 Mid-Year Budget
Report be received and filed; and that the Director of Finance be authorized to
amend the FY 2006/07 budget and increase Fire Department overtime (001-202-
5015) by $300,000 and corresponding mutual aid revenue reimbursement by
$300,000 (001-000-4619) to reflect the costs and reimbursement associated with
increased mutual aid responses.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
12 04/16/2007
28. Public meeting -formation of a Landscape Maintenance Assessment District
in the Waterman Avenue and Orange Show Road Area (Tract Map No.
17972 - AD 1045)
Mayor/Chairman Morris opened the heazing.
No public comments were received. ~I
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the public meeting relative to the
formation of the Waterman Avenue and Orange Show Road Area Landscape
Maintenance Assessment District No. 1045 be closed, and protests and ballots, if
any, be carried over to the public heazing on May 7, 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.
29. Public meeting -formation of a Landscape Maintenance Assessment District
in the Pepper Avenue and Rialto Avenue Area (Tract Map No. 17076 - AD
1050)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the public meeting relative to the formation
of the Pepper Avenue and Rialto Avenue Area Landscape Maintenance
Assessment District No. 1050 be closed, and protests and ballots, if any, be
cazried over to the public heazing on May 7, 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.
30. Public meeting -formation of a Landscape Maintenance Assessment District
in the Mill Street and Meridian Avenue Area (Tract Map No. 17218 - AD
1061)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
13 04/16/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the public meeting relative to the formation
of the Mill Street and Meridian Avenue Area Landscape Maintenance Assessment
District No. 1061 be closed, and protests and ballots, if any, be carried over to
the public hearing on May 7, 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.
31. Public hearing -resolution ordering vacation of Gannett Parkway between
Hallmark Parkway and Georgia Boulevard
RES. 2007-130 -Resolution of the City of San Bernardino ordering the
vacation of Gannett Parkway, between Hallmark Parkway and Georgia
Boulevard (Plan No. 10901), and reserving temporary easements therein.
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, Deputy Director/City Planner, stated that this vacation was related
to the Lowe's Development which is getting underway now. She stated that this
segment of roadway will not be needed and will in fact be replaced. Ms. Rahhal
stated that staff was recommending adoption of the resolution ordering the
vacation.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and the Findings of
Fact as set forth in the staff report dated March 21, 2007, from the Director of
Development Services, as to why Gannett Parkway between Hallmark Pazkway
and Georgia Boulevard is no longer necessary for public street purposes, be
adopted; and that said resolution be adopted.
The motion carried and Resolution No. 2007-130 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
32. Public hearing - urgency interim ordinance to extend a temporary
moratorium on the establishment and operation of medical marijuana
dispensaries and other similar uses
14 04/16/2007
ORD. MC-1244 - An Urgency Interim Ordinance of the City of San
Bernardino adding San Bernardino Municipal Code Section 19.06.026
(Development Code) and extending a temporary moratorium on the
establishment and operation of medical marijuana dispensaries and other
similar uses, declaring the urgency thereof, and taking effect immediately.
URGENCY
Mayor/Chairman Morris opened the hearing.
City Attorney Penman stated that this would extend the temporary moratorium to
just over ten months.
No public comments were received.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said urgency
ordinance be adopted.
The motion carried and Ordinance No. MC-1244 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
33. Council Minutes (Continued from April 2, 2007)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, 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 revised in typewritten form: February 5,
2007; and February 20, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
34. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Fire Chief to execute an Agreement with the State of
California Department of Transportation to use properties for conducting
fire-related training activities. (Continued from Apri12, 2007)
Note: No backup materials were distributed.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that the rnatter be continued to the Council/
Commission meeting of May 7, 2007.
15 04/16/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
35. Update on Citywide Organizational Review
Note: No backup materials were distributed.
City Manager Wilson stated that since the last workshop, he and Council
Members/Commissioners Estrada, Derry and McCammack have had some good j
dialogue on how to organize the 187 recommendations and on moving forward in
an orderly fashion. He stated that they are going to organize the
recommendations into three major categories: items that are doable in the first 90
days; items that are a little more challenging; and items that require Charter
changes and/or significant policy input by the Council. Mr. Wilson stated that he
would have a preliminary report for the Council at the next Council meeting.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/ Commission meeting of May 7, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
36. Discussion of an Interim Ordinance of the City of San Bernardino
establishing a temporary moratorium on the establishment and operation of
new residential care or congregate care facilities with seven or more beds in
residential neighborhoods, and referral to the Legislative Review Committee
(LRC)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be referred to the Legislative
Review Committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff present: Mayor/Chairrnan Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman,
Assistant City Clerk Medina, Economic Development Agency Executive Director
Pacheco and Special Counsel Sabo. Absent: None.
16 04/16/2007
R37. RES. CDC/2007-9 -Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency of the City of San Bernardino to
execute Amendment No. 3 to the 2004 Professional Services Agreement with
Terra Nova Planning and Research, Inc.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2007-9 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R38. Public hearing - recommended allocations of 2007/08 Community
Development Block Grant (CDBG) Funds; Emergency Shelter Grant (ESG)
Funds; HOME Funds and Reprogramming of 2006/07 CDBG Funds
Resolution of the Mayor and Common Council of the City of San Bernardino
1) approving the 2007-2008 Community Development Block Grant (CDBG)
and Emergency Shelter Grant (ESG) appropriations and HOME categories;
2) approving the 2007-2008 Consolidated Annual Action Plan; 3) approving
an Amendment to the 2006-2007 Consolidated Annual Action Plan and
authorizing unappropriated CDBG Funds in the amount of $114,000 for the
Police Activities League (PAL) Program and City Recreation Programs; and i
4) authorizing the Mayor to execute and submit to HUD, necessary
documents and take all necessary actions for the execution of any contracts.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, stated that
this matter deals with the allocation of Community Development Block Grant
(CDBG) funds for Fiscal Years 2007/2008; the HOME appropriation, which is
the affordable housing component, and Emergency Shelter funds. With regazd to
CDBG funds for 2007/2008, Ms. Pacheco stated that a total of $3.6 million has
been allocated to the City for the new fiscal year. She stated that the Citizens'
Committee met to discuss the allocation of those funds and Attachment I of the
staff report shows $255,000 being appropriated to non-profit organizations that
provide a vaziety of social services to the community. Attachment II specifically
shows what those non-profits provide to the community.
Ms. Pacheco stated that there were 24 agencies that were selected out of 34
proposals. She stated that seven were not recommended for funding and that the
staff report indicates the reason for non-appropriation. Ms. Pacheco stated that
there is a balance of $3.3 million that remains of CDBG monies for the new fiscal
year and that money is recommended to be appropriated for Code Compliance,
17 04/16/2007
the Section 108 Loan repayment, City Fire Department leases, the National
Development Council, and the Small Business Development Corporation. She
noted that EDA is not appropriating any money for administration of the program
on behalf of the City.
With regard to the HOME Program, Ms. Pacheco stated that this program is
specifically federally-funded for affordable housing programs, which means that
programs that are to be funded with this type of money are for low income to
very low income households, and those funds have historically been used for non-
profit organizations that provide affordable housing such as the transitional
housing program and senior housing developments. She stated that ESG funds
' total $157,301 for the new fiscal year and the Agency is recommending that eight
agencies be funded, which aze noted on Attachment III of the staff report.
Ms. Pacheco stated that it was important to note that when they review and
select these emergency shelter organizations they work in concert with
community action groups to appropriate and leverage the limited emergency
shelter funds. She stated that this yeaz the Agency did receive a decrease in their
emergency shelter funds so there is very little funding available for the number of
organizations that applied.
Ms. Pacheco stated that the last component of the item deals with the
unappropriated 2006/2007 CDBG funds. She stated that at the recommendation
of the City Manager, the Agency is requesting that $114,000 be appropriated for
the Parks and Recreation Program and the PAL Program. She stated that it was
her understanding that those programs have not been completely set up and
implemented, but the City Manager is requesting that they ensure that that money
is available. Ms. Pacheco stated that that means that the $114,000 that was
previously appropriated from the Reserve Fund would come from this funding,
and these are eligible CDBG Programs.
Ms. Pacheco stated that she wanted to point out that all of the Ciry's funding for
the new coming year are appropriated in accordance with the priorities that were
established by the Mayor and Common Council when the Consolidated Plan was
approved. She stated that the Consolidated Plan was distributed as pazt of the
backup and that it will be transmitted to the Federal Government. She stated that
the Plan notes the eight priorities and how we have accomplished those priorities
in the previous fiscal year, which will take us through June 30, 2007.
City Attorney Penman declared a conflict because one of the non-profit chazitable
organizations that is being recommended for funding is the Salvation Army of
which his wife is a member of the Board. He left the Council Chambers and
returned after the vote was taken.
18 04/16/2007
Pamela George, P.O. Box 7808, San Bernazdino, CA, representative for Peoples
Choice Incorporated, stated that she wanted to appeal the ruling of the advisory
committee relative to denied funding for the CDBG grant they had submitted to
expand their youth development program.
Council Member/Commissioner Kelley asked if some of the $114,000 that is
being allocated for the Police Activities League could be allocated to some of
these other organizations that seem to be desperately in need of funds.
Ms. Pacheco stated that the $114,000 could be used for those types of activities if
it is an eligible public service provider and they meet the requirements; however,
she advised the Council that they cannot use more than 15 percent of their CDBG
allocation for public service providers. She stated that historically the Council
has opted to appropriate the sum of no more than $300,000 a year from the
CDBG allocation for public service providers. In the past, Ms. Pacheco stated
that for those organizations that didn't get funding, they have been asked to look
at a reappropriation during the fiscal year.
Council Member/Commissioner Kelley stated that they had a great deal of
discussion on this and be understood that the Council had duected staff to allocate
$114,000 out of the City's reserves to go to these programs and that the funds
were not to be allocated out of CDBG funding.
City Manager Wilson stated that the Council action, which was to transfer the
$114,000 from the reserve, has taken place. He stated that this is simply a way
to free up the General Fund money for another project. '
Council Member/Commissioner Kelley stated that if they took $114,000 out of
the reserve that should have been allocated to the PAL Program, why are they
discussing taking $114,000 out of CDBG when they have organizations
requesting more funding.
Bazbaza Pachon, Director of Finance, stated that on February 20 the Mayor and
Council did approve a motion to transfer $114,000 from the General Fund
Reserve to go towards the PAL Program and Pazks and Recreation. She stated
that if the Council is going to use CDBG funds, they should reverse the other
motion and authorize Finance to put this money back into the reserve.
Council Member/Commissioner Kelley stated that it is his desire to make sure
they're funding as many organizations as they can. He stated that it is also his
desire to make sure that CDBG funds are used for what they were intended to be
used for.
Ms. Pacheco stated that Mr. Wilson is correct in that this provides the Council
with an option to allocate CDBG monies for these two programs instead of
19 04/16/2007
dipping into the reserve fund. She stated that these aze eligible programs under
CDBG and if this body wishes to fund these programs through CDBG, that is
certainly an option, or they can keep their current recommendation to use the
reserve fund. She stated that the staff report indicates that the monies were going
to be earmarked for these programs and not expended until the programs are
ready to be implemented. Ms. Pacheco stated that the money was going to be set
aside predicated on the Council's desire to do that today, and if not, then the
monies would be available for the Agency to reexamine how best to utilize those
funds.
Council Member/Commissioner Derry stated that they need to look at this issue
in a more holistic manner instead of just handing out dollazs every year. He
stated that he would like to see this matter referred back to the RDA Committee
or the Grants Committee so they can determine if this is the direction the City still
wants to go.
Council Member/Commissioner Brinker stated that he would like to expand the
amount of money available through CDBG, keep the $114,000 coming from the
reserve, and make capital investments in non-profits that have needs that can
really benefit the community.
Council Member/Commissioner Estrada cautioned the Council to not overreact to
this because the City only has about one-third of the reserve it should have. She
stated that the Citizens' Advisory Committee is supposed to look at these
applications and give recommendations.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Johnson, that this matter be referred back to the RDA
Committee for further consideration with regard to the total amount to be
allocated by CDBG to the non-profit community through these allocations.
(Note: the vote was taken following further discussion.)
Council Member/Commissioner Kelley made a substitute motion that the motion
made on February 20 should remain and the money should be taken out of the
reserves. (Note: the motion died for lack of a second.)
Council Member/Commissioner Derry stated that he wanted to send the entire
matter back to the RDA Committee for their recommendations.
Council MemberlCommissioner Kelley stated that he would not change his
position.
Council Member/Commissioner McCammack asked staff to provide a complete
list of funding sources for these organizations.
20 04/16!2007
Anna Cox, Chairperson for the Community Development Citizen Advisory
Committee, stated that they were very fortunate to have 34 representative non-
profits come before them, and that they granted funds to 27. She stated that she
was pleased to announce that they did fund four new programs that have never
had any funding from the City before or any other outside funding. She stated
that they spread around their non-profit grants and dealt with all kinds of different
situations. She stated that she was pleased with the success of their committee
this year.
Cheryl Brown, 357.2nd Street, San Bernardino, CA, Vice-chair of First Five for
the County of San Bernardino, stated that if you're funded by First Five and if
you don't have any other grants, you can't get First Five money. She stated that
First Five money generally pays the lion's share, but if you are depending just on
First Five, it won't happen. She stated that it is very important that you have
several funding sources. Ms. Brown stated that this conversation was a good
thing for the community and she is pleased that the Ciry wants to set up a
procedure to make it happen; however, they are already at the end of the process.
She suggested that the Council take this conversation into next yeaz's funding
cycle and come up with some criteria.
Anna Ulibarri, Project Life Impact, 863 N. Mt. View, San Bernazdino, CA,
stated that they are excited to be providing services within the City of San
Bernardino in the First Wazd. She stated that they do have a CAPS Program with
the San Bernardino Schools; however, this funding is not enough.
Mark Davis, CPO for the Boys & Girls Club of San Bernardino, thanked the
Council for their continued support. He stated that City funding continues to
support the programs that deal with career development which is called "Job
Ready" and continues to support their "Power Hour" Programs, which help
youth with their homework when pazents often lack skills to help. It continues to
support funds for youth in higher education. He asked the Council to continue to
support the Boys and Girls Club and the other non-profit agencies that are here
today.
Council Member/Commissioner McCammack stated that since it sounds like there
was a consensus to spend more money on the non-profit public service agencies,
that they ask the committee to go back and ask for the additional $150,000 to
$200,000 and look at what the policy of this Council should be. She stated that
the staff report does say that it's the Mayor and Council's priorities, but she has
never been asked for her priorities on what they should spend CDBG monies on.
Ms. Pacheco stated that they do establish those priorities every year; however,
the Five Year Consolidated Plan was approved by the Mayor and Council last
year. She stated that the priorities have remained consistent for the past seven
years so these priorities are, in fact, from a prior plan approval. She noted that
21 04/16/2007
Attachment I lists the allocation of monies for the new fiscal year as $3.6 million.
Ms. Pacheco stated that discretionary funds for the new fiscal year are $71,471
and are listed under Item No. 6 on Attachment I. She advised the Council that
this is unappropriated money if they wanted to allocate additional funds to the
non-profits or other programs or use it for other City needs. She advised the
Council that those aze the only discretionazy monies they have, the other monies
have been historically appropriated for City Code Enforcement, Fire leases, small
business development, mandatory housing, and the Section 108 Loan. She added
that if the Mayor and Council wish to revisit the manner in which the funds aze
appropriated, they have an established approved citizen participation plan that
they must go back and revisit and rewrite which would then set forth the
pazameters on how they want to allocate their funding.
Ms. Pacheco requested that whatever action was taken tonight that they continue
this public heazing as it is a published heazing and they must transmit the plan to
HUD no later than May 17 in order for the City to be considered for the new year
funding.
Council Member/Commissioner Kelley stated that Ms. Pacheco had explained
what they use the CDBG money for and then mentioned "other City needs." He
asked how the City is currently using that $200,000.
Ms. Pacheco stated that Attachment I gives a full picture of how the money is
being used. She stated that the 15 percent is the maximum amount they could
allocate from the $3.6 million. She stated that there is no requirement that they
must do that-it is a policy choice that this Council makes.
Council Member/Commissioner Kelley stated that just because it is a policy
decision doesn't necessazily mean that they have to use all that money for these
particulaz programs. He stated that they could use the money for "other City
needs" and he asked what kind of City needs would be eligible.
Ms. Pacheco stated that infrastructure, public improvements, City programs,
youth programs, and Pazks and Recreation programs would be eligible. She
stated that there's a variety of programs that they could look at that the City funds
through other means that might be eligible for CDBG. She stated that some cities
use the majority of their money for infrastructure. Ms. Pacheco stated that a
portion of the monies have been committed to Code Compliance for revitalization
of neighborhoods, for Fire leases and for Arden Guthrie. She stated that over the
years the Federal Government has cut back their CDBG funding. At one point in
time they received $4.3 million in CDBG, and for the new fiscal yeaz they are
down to $3.6 million. She stated that every year it has become more and more
difficult to appropriate the funding given the needs of this City.
Council Member/Commissioner Kelley asked Ms. Pacheco for one more example
of "other City needs."
22 04/16/2007
Ms. Pacheco stated that the funds could be used for capital improvements. She
stated that if there is a community facility that needs improvement, they could use
CDBG money for that purpose.
Mayor/Chairman Morris stated that the Federal diminution of the HUD funds for
CDBG has been a concern of mayors across the nation. He stated that mayors
have gone to Congress and the President with a set of ten priorities for America
and its cities and one of those ten priorities is to renew its commitment to CDBG
grants for cities. He stated that this was a Richard Nixon proposal that they
actually moved down to the grass roots level of Federal resources-moved it right
back to the decision makers who actually deal every day with these issues in their
cities and towns. Mayor Morris stated that it was an idea that was embraced in
large measure by administrations since that time, but over the last several years
the diminution of those resources has been substantial.
William Shapiro, 432 N. Arrowhead, San Bernardino, CA, speaking on behalf
of the San Bernardino County Legal Aid Society, stated that he was shocked and
disappointed to find out that their budget had been reduced $3,000 from $13,000
to $10,000. He stated that the Legal Aid Society serves virtually everybody day
in and day out, year in and year out. Mr. Shapiro stated that he was back to
request that their budget be bumped back up to $13,000.
Grover Porter, 355 N. Sierra Way, San Bernazdino, CA, a volunteer attorney
with Legal Aid, asked the City to assist them by providing the funds necessazy to
help the citizens of San Bernardino.
Eliana Phelps, 354 W. 6~' Street, San Bernardino, CA, a volunteer attorney with
Legal Aid, gave an overview of what they do and the kind of people they serve.
Council Member/Commissioner Derry amended his motion, seconded by Council
Member/Commissioner Johnson, that the matter be referred back to the RDA
Committee for further discussion and that the hearing be continued to May 7,
2007.
Council Member/Commissioner Brinker stated that he did not see the $114,000
funding for the PAL on Attachment I. He asked Ms. Pacheco to explain where
that money is.
Ms. Pacheco stated that it is not in there because Attachment I shows how they
are going to expand the proposed 2007/2008 funds. She stated that the $114,000
is from prior CDBG program income and how they azrive at that program income
is that they have some loans that are outstanding and when they get repaid that
money goes back into the CDBG Fund. Ms. Pacheco stated that that's what they
use when they reallocate monies at this time of the year when they are proposing
programs to the Council.
23 04/16/2007
Council Member/Commissioner Brinker asked how much was in that fund.
Ms. Pacheco stated that right now there is $114,000 plus possibly an additional
$100,000, but she couldn't remember the exact number.
Council Member/Commissioner Brinker asked if that meant that if they make the
decision to take the $114,000 out of the reserve fund that they would have
approximately $200,000 in the program income account.
Ms. Pacheco answered in the affirmative.
Council Member/Commissioner Brinker asked if that money would be available if
they decided that they wanted to increase their spending this year?
Ms. Pacheco directed Mr. Brinker to Attachment I. She stated that $71,471 is the
amount that's available. She stated that that would give the Council the discretion
at a later time to allocate monies to a program, project, or an improvement.
Council Member/Commissioner Brinker asked about the $200,000.
Ms. Pacheco stated that that is this year's funding which could be used for public
service providers.
Council Member/Commissioner Brinker asked if that amount would cazry over
and Ms. Pacheco answered in the affirmative.
Council Member/Commissioner Brinker requested clarification that if the RDA
Committee wants to increase their expenditures this year they could use that
$74,000, plus they could use that $200,000 to expand what they're spending.
Ms. Pacheco answered in the affirmative. She stated that the Council would have
the $114,000 if they decided not to appropriate it for the PAL and the recreation
program, plus an additional $100,000 for 2006/2007, which means there is
$214,000 for 2006/2007. In addition, she stated that the Council would have the
$71,471 that is unappropriated at this point in time.
Council Member/Commissioner Brinker stated that he would like the committee
to look at expanding the base using the $74,000 and perhaps some of the
$200,000 to do that; and he added that he supported Mr. Kelley's statement that
the $114,000 should come out of the reserve.
Ms. Pacheco recommended that the Redevelopment Committee consider this
matter on Thursday, April 19, 2007, and that they continue the public hearing to
May 7, 2007.
24 04/16/2007
The amended motion made by Council Member/Commissioner Derry, seconded
by Council Member/Commissioner Johnson, that this matter be referred back to
the RDA Committee for further consideration and that the public heazing be
continued to May 7, 2007, carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
39. Pubflc Comments
Cheryl Brown, 357 2"" Street, San Bernardino, CA, expressed concern about all
the negative things happening in the City and asked the City Council to focus on
the positive things. She recommended that the City pass a resolution naming the
remainder of 2007 and all of 2008 as "The Year of the Youth" in San Bernardino.
Art Guerrero, 1123 Central Avenue, San Bernardino, CA, President of the
Valley View Association, invited the citizens of San Bernazdino to attend their
Cinco de Mayo Health Fair on May 5, 2007, from 1-4 p.m., at Clevinger and
Norman Road.
Toe Ortiz, 387 W. 25'~ Street, San Bernardino, CA, stated that the $200-
$250,000 that was spent on Operation Phoenix for the first six months of the year
would have helped fund the non-profits quite substantially. He stated that The
Sun newspaper's push for additional expensive taxpayer-funded Operation
Phoenix programs is not practical. They take money away from the existing
programs run by the non-profit partners throughout the City. He stated that while
he agrees with the Mayor that they do need to continue the Operation Phoenix
programs, he believes that that strategy should apply to all azeas of the City.
James Tate, 1391 Andreas, San Bernardino, CA, voiced his concerns about Mr.
Baxter's position regarding the Don Imus incident. He stated that he hoped Mr.
Baxter made a public apology to his constituents and that he would remove
himself from any future controversy regarding Don Imus.
Mike Hartley, 3066 Parkside Drive, San Bernardino, CA, spoke regazding the
murder rate in San Bernardino. He stated that the people voted in a general tax
and it was up to the Mayor and Council to use the money where they saw fit as
long as it went into prevention, intervention, and suppression. He stated that the
City has the money now and it needs to do something about it.
James Smith, 1156 E. 24`" Street, San Bernardino, CA, spoke in support of
Council Member Baxter. He stated that the Councilman was put in a very
tenuous position last week and he felt he did a tremendous job for his company.
He stated that he should be corrunended for his outstanding commitment to the
City.
25 04/16/2007
Adrienne Sams, 1311 Colorado Avenue, San Bernardino, CA, requested
resources for her monthly talent show called "The Showcase."
40. Adjournment
At 6:24 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1:30 p.m., Monday, May 7, 2007, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City C~lerk /, /
Linda Sutherland
Deputy City Clerk
No. of Items: 40
No. of Hours: 5
26 04/16/2007
Mayor Patrick J. Morrir
CITY OF SAN BERNARDINO Coanat Mambas:
300 N. "D "Street Esthcr Estrada
Dennis J. Barttr
San Bernardino, CA 92418 Tobin Brinker
Website: www.sbcity.org NeilOtrry
Chas Kelley
She Belre ieo Rikke Van Johnson
Wendy McCammac'k
r
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 7, 2007
COUNCIL CHAMBERS
The joint regulaz 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 1:31 p.m., Monday, May 7, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clazk with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley Arrived
At 2:04 p.m., Council Member/Commissioner Kelley arrived a[ the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation -pursuant to
Government Code Section 54956.9(a):
J.R., et al. v. City of San Bernardino -United States District Court Case
No. OS-1045 JWJ;
San Bernardino Police Officers Association v. City of San Bernardino, et
al. -United States District Court Case No. CV 07-02830 ABC AJWx;
1 05107/2007
Michael Desrochers & Steve Lowes, et al. v. City of San Bernardino -
United States District Court Case No. EDCV 06-1408 VAP (JCRx) and
related case, in re: Steve Lowes, Civil Service Board Hearing;
Henrov Francis v. Ciri of San Bernardino -Workers' Compensation
Appeals Board Case Nos. SBR 0322536 and SBR 0324877.
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:
1. Inland Communities Corp. v. City of San Bernardino, et al.
(Paradise Hills)
2. (i) case -anticipated litigation
C. Conference with legal counsel -anticipated litigation -initiation of
litigation -pursuant to subdivision (c) of Government Code Section
54956.9: (1) case
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:
IVDA Redevelopment Project Area
1. Property Address: Southeast wrner of Highland Avenue and
Central Avenue
APN: 1191-282-O1
2 05107!2007
Negotiating Parties: Maggie Pachew, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Bradley McCall, LLC, property
owner/seller (TELACU IV)
Under Negotiation: Purchase price, terms and conditions
Central City North Redevelopment Project Area (Downtown
Acquisition Program)
2. Property Address: 795 W. 5'" Street (Paradise Motel)
APN: 0134-093-41
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Tien Lee International Limited
Corp., property owner/seller
Under Negotiation: Purchase price, terms and conditions
3. Property Address: 701 W. 5~ Street (vacant building 5th & G
Streets)
APN: 0134-093-08 and 09
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, and
Infinite State, property owner
Undet Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that during closed session the following
matter was discussed under Agenda Item No. 1B, significant exposure to
litigation:
Agenda Item No. R41.
Closed Session Announcement
City Clerk Clark announced that during closed session the Council voted
unanimously to file an appeal in the following case:
J.R., et al. v. City of San Bernardino -United States District Court Case
No. OS-1045 JWJ.
3 05/07!2007
Reading of Resolutions & Ordinances
Deputy City Clerk Haztzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Jose Vindel of St. Paul's United Methodist
Church, followed by the pledge of allegiance, led by Becca Odening of Anderson
School.
Moment of Silence
Mayor Morris extended condolences to the families and requested a moment of silence
in memory of Bing Sum Wong, owner of Bing's Famous Cathay Inn on Highland
Avenue, known for his philanthropic efforts and community service, who passed away
at the age of 95; and San Bernardino native John R. Livacich, owner for over 50 years
of John Livacich Produce, Inc., one of the largest fanning operations in the United
States.
2. Appointments
Mayor Morris
• Dr. Thomas Pierce -reappointment -Community Development Citizen
Advisory Committee
• Esther Jimenez -Civil Service Boazd
• Evelyn Alexander -Civil Service Board
• Thomas Gordon Rennard -Board of Library Trustees
• Casey Dailey -alternate member -Planning Commission
Council Member Baxter
• Ray Shaffer, Jr. -reappointment - Boazd of Fire Commissioners
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the appointments/reappointments of Dr.
Thomas Pierce, Esther Jimenez, Evelyn Alexander, Thomas Gordon Rennard,
Casey Dailey, and Ray Shaffer, Jr., as requested by Mayor Morris and Council
Member/Commissioner Baxter, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
a osiov2oo~
3. Proclamations & Presentations
Mayor Morris presented a proclamation designating the week of May 6-12 as
Building Safety Week in the City of San Bernazdino to Joseph Lease, Building
Official with the City's Development Services Department.
Mayor Moms presented a proclamation designating the month of May as Law
Enforcement Month to Mike Gallo, Chairman of the Board for the San
Bernardino Area Chamber of Commerce, and Jack Hill, Vice Chairman for
Community Support.
Council Member Estrada presented a Citizen of the Month awazd to Mr. Bobby
Vega in recognition of his many contributions to the community.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from We Chamber of Commerce regarding
vazious civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
MemberlCommissioner 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, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Baxter 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 of the
City of San Bernardino be approved as submitted in typewritten form: March
5, 2007, March 19, 2007.
The motion carried by the following vote: Ayes: Council Members!
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
5 05(07/2007
7. Claims & Payroll
Council Member/Commissioner Baxter 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 April 23,
2007, from Barbara Pachon, Duector 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 Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Chief Examiner, dated May 3, 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. 2007-131 -Resolution of the Mayor and Common Council of the City
of San Bernardino requesting that the Citp of San Bernardino's Prlmary
Municipal Election be consolidated with the November 6, 2007 Consolidated
Election conducted by the County of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-131 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. ORD. MC-1245 -Ordinance of the City of San Bernardino adding Chapter
2.23 to Title 2 of the San Bernardino Municipal Code establishing the
Historical Preservation Commission. FINAL READING.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted.
6 05/07/2007
Ordinance No. MC-1245 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2007-132 -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
three-way stop at the intersection of Northpark Boulevard and Sierra Drive.
Council Member/Commissioner Baxter made a motion, sewnded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-132 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. RFS. 2007-133 -Resolution of We City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution designating certain
streets, or portions thereof as through highways..." and declaring 13i1t Drive
a through highway from and including F Street to and including Mayfield
Avenue.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-133 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. Authorization to proceed and approval of Plan No. 12171 -proposed
vacation of an east-west alley, northerly of Little League Drive and east of
Magnolia Avenue
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services and
the City Clerk be authorized to proceed with the proposed vacation of an east-
west alley, northerly of Little League Drive and east of Magnolia Avenue; and
that Plan No. 12171 showing the proposed vacation of an east-west alley,
northerly of Little League Drive and east of Magnolia Avenue, be approved.
The motion carried by the following vote: Ayes: Council Members!
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
~ 05~o~~zoo7
14. RES. 2007-134 -Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission for providing City
sewer services to property within unincorporated territory located at 4233
and 4235 Fourth Avenue.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to initiate proceedings for the provision of City sewer services
outside of City boundaries for property located at 4233 and 4235 Fourth
Avenue; and that said resolution be adopted.
The motion carried and Resolution No. 2007-134 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2007-135 -Resolution of the City of San Bernardino approving
Amendment No. 2 to Agreement for Professional Services with LAN
Engineering Corporation to provide engineering services for the design of
Old Waterman Canyon Bridge replacement (SS07-14).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-135 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. Request for fee waiver -Our Lady of the Assumption School Annual Family
Fun Fair
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council approve
the request for a waiver of fees associated with a Temporary Use Permit for the
Our Lady of the Assumption School Annual Family Fun Fair.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCanmtack. Nays: None. Absent: None.
17. RES. 2007-136 -Resolution authorizing and approving We borrowing of
funds for Fiscal Year 2007-2008; the issuance and sale of a 2007-2008 Tax
and Revenue Anticipation Note therefore and participation in the California
Communities Cash Flow Financing Program,
$ 05/07/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-136 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2007-143 -Resolution of the City of San Bernardino authorizing the
purchase of 37 Motorola XTS 2500 portable radios, 20 Motorola XTL 2500
mobile radios and 10 Motorola VRM S50 vehicle radio modems from
Motorola, Inc.; 10 mobile data computers from GTSI Corp.; and 10 light
bars from Federal Signal Corporation.
City Clerk Clazk announced that the Director of Finance had advised that the
motion needed to include language authorizing the Director of Finance to amend
the FY 2006/2007 adopted budget, as outlined in the staff report.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted, and that the
Director of Finance be authorized to amend the FY 2006/2007 adopted budget
as outlined in the staff report dated Apri19, 2007, from Tom Mazek, Duector of
IT.
The motion cazried and Resolution No. 2007-143 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
19. RES. 2007-137 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to maintenance contract with
Imagine Systems of San Bernardino for desktop/printer repairs.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-137 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2007-138 -Resolution of the Mayor and Common Council authorizing
the City Manager to execute a Management Agreement between the City of
San Bernardino and Coast Soccer League to provide management services
at the San Bernardino Soccer Complex for the dates May 5-6, 12, 19-20, 26-
28 and June 2-3, 23-26, and July 1415, and September 8-9, 2007 and
ratifying any action taken prior to the execution of this resolution.
9 05/07/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-138 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. i
21. RES. 2007-139 -Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a Federal Emergency Food and
Shelter Program grant application through the Federal Emergency
Management Agency (FEMA) for emergency food, utility and shelter funds
for the period of October 1, 2006 through September 30, 2007, and
ratifying any action taken prior to the execution of this resolution.
Council Member/Commissioner Baxter made a motion, sewnded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-139 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2007-144 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Professional
Services Agreement with David Evans and Associates in the amount of
$113,567 for the purpose of preparing preliminary plans for the proposed
Verdemont Community Center.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Duector of Finance be authorized to amend the FY 2006/07 Development
Impact Fees (DIF) budget and transfer $88,600 from Account No. 268-488-
5504-7745 ("Pazk & Facility Design Services PR0712") to Account No. 268-
488-5504-7743 ("Select & Design Verdemont Community Center PR04-28").
The motion carried and Resolution No. 2007-144 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
23. Item Deleted
l0 05/07/2007
24. RFS. 2007-140 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance to amend the FY 06-
07 Budget by transferring $94,500.00 into Account Number 240-379-5504-
761114 and $65,200.00 into Account Number 240-379-5504-7644 in order to
close out FY 05-06 CIP projects.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2006!07 budget by transferring $44,500 into Account No. 240.
379-5504-7604 and $65,200 into Account No. 240-379-5504-7644 in order to
close out FY 2005/06 CIP projects; and that said resolution be adopted.
The motion carried and Resolution No. 2007-140 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
25. RFS. 2007-141 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execnte Amendment
No. 1 to the Vendor Services Agreement and increase Purchase Order
Number 300614 with Nelson Pavement and Grading Corporation (NPG) in
the amount of $50,000.00, pursuant to Municipal Code Section 3.04.O1OB.3,
for additional miscellaneous street repairs throughout the City of San
Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-141 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2007-142 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment
No. 1 to the Vendor Services Agreement and increase Purchase Order
Number 300459 with Zumar Industries, Inc. in the amount of $30,000,
pursuant to Municipal Code Section 3.04.O1OB.3, for the purchase of
additional traffic signs for repair, removal, and replacement of damaged,
faded and vandalized signs, and installation of new signs located throughout
the City of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
11 05/07/2007
Resolution No. 2007-142 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2007-145 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Services
Agreement by and between the City of San Bernardino and Telewm
Partners Group Corp, dba ATS Communications, a California 'i
Corporation, ("Consultant") for the development and implementation of a ',
Wireless Master Plan pursuant to Municipal Code Section 3.04.O1OB.3.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-145 was adopted by the following vote: Ayes: Council
' Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2007-146 -Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of an on-line grant application for the
FY 2007 Assistance to Firefighters Grant Program to the Department of
Homeland Security in the amount of 5663,000.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-146 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. Request for Civic and Promotional funding - 4~' of July Parade &
Celebration at Arrowhead Credit Union Park
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that $38,000 in Civic and Promotion
funding be approved to conduct the 2007 4'" of July pazade and celebration at
Arrowhead Credit Union Pazk.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12 05/07/2007
30. An Ordinance of We City of San Bernardino amending Chapter 8.54 of the
San Bernardino Municipal Code regarding noise. FIRST READING
City Attorney Penman stated that there should be a correction on the Request for
Council Action under Synopsis of Previous Council action-that it should have
listed that at a previous Council meeting Council Member/Commissioner
McCammack made a motion to determine the need to take action arose after the
agenda was posted and asked that the matter of this ordinance, which she had
obtained from another city, be reviewed by the Legislative Review Committee.
Jolena Grider, Deputy City Attorney, stated that she had obtained a copy of the
Cathedral City ordinance, which had stricter provisions than the City's current
ordinance, and she merged the two ordinances to make the City's ordinance
stronger. She stated that the new ordinance allows police officers to impound
the instrument causing noise, which could include a vehicle if the sound system
cannot easily be removed. She advised that the new ordinance makes it a
violation if noise is audible at a distance of 50 feet between 8 a.m. and 10 p.m.
and at a distance of 25 feet between 10 p.m. and 8 a.m. The ordinance also
provides for cost recovery for police department second responses within a 72-
hout timeframe. For certain activities the controlled hours of operation are
between 8 a.m. and 8 p.m. in residential zones and between the hours of 7 a.m.
and 8 p.m. in all other zones.
Ms. Grider advised that the new ordinance makes the violation either an
infraction or a misdemeanor, so it can be chazged either way depending on the
facts of the case and whether the person has been charged previously. A
minimum fine would be $100 for an infraction; maximum fine would be $1,000
plus up to six months in jail.
City Attorney Penman explained that the current ordinance requires a certain
decibel level before action can be taken. In this ordinance, if you can hear the
noise from your neighbor's yazd, or you can heaz the noise emanating from a
car, the police officer can stop it. And it isn't just afore-they can actually
seize the boom box from somebody's back yazd or from their caz-and if they
can't remove the instrument generating the sound, they can seize the entire car.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that the City needs
an ordinance like this and related his experience over the past weekend
involving excessive noise and the number of calls made to the police
department. He also spoke regazding the excessive graffiti in the city.
Roy Ferguson, 288 East 47`" Street, San Bernardino, CA, also spoke regazding
the need for an enhanced noise ordinance, stating that if there needs to be a
second call to the police it should entail a $500-1,000 fine.
13 05/07/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. Public meeting -formation of a Landscape Maintenance Assessment District
- Chiquita Lane and Date Street area (Tract Map No. 17576 -Assessment
District 1060)
Mayor/Chairman Morris opened the meeting.
No public comments were received.
Council Member/Commissioner Estrada made a motion, sewnded by Council
Member/Commissioner Baxter, that the public meeting relative to the formation
of the Chiquita Lane and Date Strcet Area Landscape Maintenance Assessment
District No. 1060, be closed, and protests and ballots, if any, be carried over to
the public hearing on May 21, 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.
32. Public hearing -resolution ordering work -Waterman Avenue and Orange
Show Road Area Landscape Maintenance Assessment District No. 1045 -
Tract No. 17972
RES. 2007-147 -Resolution of the City of San Bernardino fording and
determining the existence of less than a majority protest, that ballots
submitted in favor of the assessment exceed the ballots submitted in
opposition to the assessment and that the public rnnvenience and necessity
require the maintenance of landscaping in the Waterman Avenue and
Orange Show Road area, approving the Final Engineer's Report, creating
an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1045, ordering the work, confirming the 2007-2008
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Morris opened the heazing.
to os/o7/200~
Ciry Clerk Clark advised that a total of 15 ballots had been returned-all in
favor of the assessment district.
No public comments were received.
Council MemberlCommissioner Johnson 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. 2007-147 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
33. Public hearing -resolution ordering work -Pepper Avenue and Rialto
Avenue Area Landscape Maintenance Assessment Distrito No. 1050 -Tract
No. 17076
RES. 2007-148 -Resolution of the City of San Bernardino finmding and
determining the existence of less than a majority protest, that ballots
submitted in favor of the assessment exceed the ballots submitted in
opposition to the assessment and that the public convenience and necessity
require the maintenance of landscaping in the Pepper Avenue and Rialto
Avenue area, approving the Final Engineer's Report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1050, ordering the work, contu~ming the 2007-2008
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Morris opened the hearing.
City Clerk Clark advised that a total of 14 ballots had been received-all in
favor of the assessment district.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2007-148 was adopted by the following
vote: Ayes: Council MemberslCommissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
15 05!07/2007
34. Public hearing -resolution ordering work -Mill Street and Meridian
Avenue Area Landscape Maintenance Assessment District No. 1061 -Tract
No. 17218
Resolution of the City of San Bernardino fording and determining the
existence of less than a majority protest, that ballots submitted in favor of
the assessment exceed the ballots submitted in opposition to the assessment
and that the public convenience and necessity require the maintenance of
landscaping in the Mill Street and Meridian Avenue area, approving the
Final Engineer's Report, creating an assessment district to cover the costs of
said maintenance, known as Assessment District No. 1061, ordering the
work, confirming the 2007-2008 Assessment Roll, and determining that the
Special Assessment Investigation, Limitation and Majority Protest Act of
1931 shall not apply.
Mayor/Chairman Morris opened the heazing.
City Clerk Clark advised that the hearing would need to be continued because
no ballots had been returned to the City.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of May 21, 2007.
~ The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCaznmack. Nays: None. Absent: None. ~
35. Public hearing -resolution approving annexation -resolution calling a
special election -resolution certifying election results -Community Facilities
District No. 1033 (Verdemont Fire Station) -Annexation No. 1
RES. 2007-149 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, California, authorizing the annexation of territory
(Annexation No. 1) to Community Facilities District No. 1033 and
authorizing the levy of a special tax and submitting the levy of tax to the
qualified electors. (35A)
16 05/07/2007
RFS. 2007-150 - A Resolution of the Mayor and Conunon Council of the
City of San Bernardino, California, calling a special election and submitting
to the voters of Annexation No. 1 of City of San Bernardino Community
Facilities District No. 1033 propositions regarding the annual levy of special
taxes within Annexation No. 1 and the establishment of an appropriations
limit. (3~)
RFS. 2007-151 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, California, making certain findings, certifying the
results of an election and adding property to Community Facilities District
No. 1033, Annexation No. 1. (35C)
i
Mayor/Chairman Morris opened the heazing.
Valerie Ross, Duector of Development Services, advised that last month the
Council approved a Mitigation Agreement with three different companies, two
of them residential and one industrial. She explained that through the Mitigation
Agreemem, the applicant has the opportunity to pay the in-lieu fee up-front, or
to join the district. In this case, these three different companies chose to join
the district, so they will be paying their fees over a 20-yeaz period. She noted
that these fees will be for the on-going operation and maintenance of the
Verdemont Fire Station,
MayorlChairtnan Morris asked City Clerk Clark to confirm that notices of
hearings had been mailed.
Ms. Clark answered that the hearing notices had been mailed.
Mayor/Chairman Morris called for public comments.
No public comments were received.
Mayor/Chairman Morris asked City Clerk Clazk whether any written protests
had been received.
Ms. Clark replied that no written protests had been received.
Mayor/Chairman Morris asked City Clerk Clazk whether there were any
persons registered to vote within the Community Facilities District, and, if so,
the number thereof.
Ms. Clazk replied that according to certification received from the Registraz of
Voters, there were no registered voters in the district.
17 05107/2007
Mayor/Chairman Morris asked City Clerk Clark whether written consents to
hold the Community Facilities District Annexation Elections today had been
received from all landowners within the Community Facilities District.
Ms. Clark advised that she had received consents from all property owners
within the district.
Mayor/Chairman Morris asked City Clerk Clark if she concurred in the holding
of the Special Elections for the Community Facilities District Annexation today.
Ms. Clazk answered in the affirmative.
Mayor/Chairman Morris stated that since a majority protest had not been filed,
that the Council should proceed to annex Annexation No. 1 to the Community
Facilities District by adopting those resolutions identified above as (35A) and
(35B); and he then read the titles of both resolutions into the record.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolutions A and B, be adopted.
The motion carried and Resolution Nos. 2007-149 and 2007-150 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada,
' Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None.
Mayor/Chairman Morris advised that the hearing was now closed and asked the
City Clerk to conduct the Special Election and tabulate and announce the
election results.
City Clerk Clazk announced that three votes had been cast; all in favor of
resolutions A and B.
Mayor/Chairman Morris stated that having heazd the election results and fmding
that more than two-thirds of the votes received were in favor of the propositions
voted upon, he would then ask for a motion to approve the resolution identified
above as (35C) and read the title of said resolution C into the record.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution C, be adopted.
Resolution No. 2007-151 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Deny, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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36. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Fire Chief to execute an Agreement with the
State of California Department of Transportation to use properties for
conducting fitre-related training actirities. (Continued from April 16, 2007)
Note: No backup materials were distributed.
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.
37. Update on Citywide Organizational Review (Continued from April 16, 2007)
City Manager Wilson stated that since mid-Mazch City staff had been working
with departments to review the results of the Organizational Review and develop
an implementation plan. He advised that Council Members/Commissioners
Estrada, McCammack, and Derry had met to provide feedback to help with this
effort. He stated that he had given the Council members a copy of a document
titled, Organizational Review Implementation Plan DRAFT, which outlined the
organizational implementation effort.
Mr. Wison advised that the first step was to list all the recommendations in
order-a total of 187 recommendations. He noted that approximately a dozen of
those items had already been completed, or would be completed in the very near
future. They also identified 45 more items that should be completed within 90
days. He anted that most of the other items in the document have longer range
completion dates and are organized into subject matter categories. Also, those
items which require City Charter changes are identified in their own section;
and lastly, staff is recommending about 20 items for deletion for reasons noted
in the staff report.
Mr. Wilson pointed out that a number of the items would require some future
approval by the Mayor and Council, and those would wme forward to the
Council periodically, as the need azose, for a decision. Also, additional
resources would be needed at some point in time to help implement this effort;
and the City Manager's office would be recommending some small consulting
contracts within the next six to eight months to help implement these
recommendations.
Council Member/Commissioner Brinker stated that at the previous meeting he
had expressed a desire that the City would take a very targeted approach in
accomplishing these changes by first addressing the biggest problem, or the azea
19 05/07!2007
where they could see the greatest impact for the City's good. He stated that it
appeazed that they had just taken the easiest items from each area and done
those first, and while there was some value to that, it didn't appear to be a very
tazgeted approach to solving some of the issues that we have in our City. He
asked Mr. Wilson to explain what methodology they were using, besides just
addressing the easiest recommendation to accomplish first.
City Manager Wilson stated that the real issue was trying to get their hands
around this document, which is three inches of recommendations. He stated that
they had simply tried to do some of those things which could be done rather
easily, with a plan to delve into the meatier issues with the committee and begin
to identify a strategy. He noted, for example, that one of the recommendations
was to develop atwo-year budget, and that sounded like it could be done pretty
easily; however, under that umbrella were probably six or eight other
recommendations that all relate to improving the budget process, and it would
take anywhere from six to nine months to do it right. He stated [hat as they
looked at one thing, it would lead to another; and to do it right requires a
holistic view.
Council Member/Commissioner Derry added that the committee had met a
couple of times, and they understood the desire to get the things that are of the
greatest benefit to the City done first. Unfortunately, those tend to be the most
difficult to do, so what they aze doing is a multi-phase approach-doing the little
things while also working on the tougher projects as well. He stated that they
want to see some progress being made as they go through the process, which is
why they are not just focusing on the hazder tasks, but some of the smaller ones
as well. He noted that the more beneficial issues aze going to take a number of
months, if not over a year.
Council Member/Commissioner Estrada stated that one of the things they saw
immediately was that they had a lot of sift-through to do-that they need to
identify those items that can be administratively handled by the City Manager,
but also identify the toughest items that they know are going to require more
reseazch, discussion, debate, etc. She pointed out that on the face, some of
these items seem rather easy, but they involve a number of details that have to
be taken into consideration in order to really come to some kind of a
recommendation or a conclusion. So that is what they have been doing-trying
to sift through this to set up a methodology so that when it does come to the
Council, the members will be able to look at something that is fairly well laid
out.
Council Member/Commissioner McCammack stated that Mr. Brinker was
right-they had to start with a tazget, but they had 187 targets, which made it
very difficult. She stated that she thought all three of the Council members
were on the same page in that they were looking for economic efficiency as their
number one target, since that was the whole purpose of the audit in the first
20 05/07/2007
place-economic efficiency. With that being said, once they started the sifting
and the setting of priorities based on this Council's original goals, they realized
that one particulaz tazget meant that you had to go to every department and
make sure that everybody was on the same page. They all provided input as to
what effects it would have upon their departments. She stated that they started
with Finance, because that was the biggest one to tackle, since it had the most
arms touching every single department in terms of efficiency. She stated that it
may not seem like it, but they really are targeted, and they aze looking for
economic efficiency first.
Council Member/Commissioner Brinker stated that be had hoped they would
start with development services due to the challenges the City has experienced in
bringing developers to our City. He asked if the others agreed that development
services needed to be one of the first top-level priorities to fix so they could get
the development going in the City.
Mayor/Chairman Morris stated that he thought the whole Council, and certainly
the Mayor's office, was concerned about the very issues that Mr. Brinker was,
and that is Development Services and our failure to promptly respond to the
needs of those who would develop among us good projects. He stated that he
was confident the three members of the committee and the City Manager were
working diligently to address this in a variety of ways; and it may be that one of
the consultant contracts will focus specifically on that issue.
Mr. Brinker asked how often the other Council members would have
opportunities to add their comments here at the Council table, and how often the
committee would be coming back to the others with updates and reports. He
stated that he wanted to be a pact of the process and wanted to make sure that
they continue to have their voices heazd on this issue. He stated that he would
continue to bring it up on his own, but he would like to bring it up in the context
of what is actually happening and making sure that the community is aware and
informed.
City Manager Wilson stated that this was something the committee had touched
upon, but they hadn't identified time frames. However, he sensed that they
would come back to the full Council with an update on what is going on every
two to three months. He pointed out that as they move beyond what is
relatively easy, they will be delving into the more significant issues, and it's
going to take more time to get things done, so he thought 60-90 days would be a
fair schedule to return with a report.
Council Member/Commissioner Estrada stated that she thought they would be
reporting back in terms of what they aze doing, when they are doing it-that it
won't be that long of time before things are brought back to the full Council for
decision making.
zt osro~izoo~
Council Member/Commissioner Derry stated that many of these things are
administrative in nature and take no legislative action by the Council, so as
those issues wme to the forefront, the committee will be acting on them and
having the full heazings at that time.
Council Member/Commissioner McCatnmack stated that it took her awhile to
realize that even though there aze committees, if you are not part of the
wmmittee, agendize the item and get it out there.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Council receive and file the
update on the Citywide Organizational Review.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, 7ohnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Kelley.
38. Dinner Workshop -presentation on the Incident Command System -
Economic Development Agency Conference Room
The following fire personnel provided a lecture/PowetPoint presentation
regazding the City's Incident Command System and answered questions posed
by the Council: Howard Bennett, Training Chief; Mat Fratus, Deputy Fire
Chief; and Michael Conrad, Fire Chief.
COMMUNITY DEVELOPMENT COMMISSION II
Staff Present: Mayor/Chairman Mortis; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman,
Economic Development Agency Executive Director Pacheco and Special Counsel Sabo,
City Clerk Clazk. Absent: None.
R39. 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 (1) a Redevelopment Cooperation Agreement by and between the
Agency and Inland Valley Development Agency ("1 VDA") and (2) a Single
Family Inclusionary Housing Owner Participation Agreement ("OPA") by
and between the Agency aad GFC Enterprises, LLC for the development of
Lynwood Housing Development (IVDA Redevelopment Project Area).
(Continued from April 2, 2007)
22 05/07/2007
Maggie Pacheco, Executive Director, Economic Development Agency, advised
that staff was asking for a wntinuance of this item to June 18, 2007, in order to
give Agency staff and the developer an opportunity to work out some of the deal
points related to the agreement.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
CounciUCommission meeting of June 18, 2007.
The motion carried by the following vote: Ayes: Council Members!
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R40. Public hearing - recommended allocations of 2007/2008 Community
Development Block Grant (CDBG) Funds; Emergency Shelter Grant (ESG)
Funds; HOME Funds Amending We 2006!2007 Annual Action Plan and
Reprogramming of 2006/2007 CDBG Funds (Continued from April 16, 2007)
RES. 2007-152 -Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2007-2008 Consolidated Annual Action
Plan pertaining solely to the Emergency Shelter Grant (ESG) and HOME
appropriationslcategories; and authorizing the City Manager to execute any
and all HUD contracts or documents as per HUD Regulations. (R40A)
RES. 2007-153 -Resolution of the Mayor and Common Council of We City
of San Bernardino approving (1) the 2007-2008 Consolidated Annual Action
Plan pertaining to Community Development Block Grant (CDBG) Funds
(excluding any reference to the allocation of CDBG Funds for the Boys &
Girls Club o[ San Bernardino); (2) an Amendment to the 2006-2007 Annual
Action Plan (2005-2010 Consolidated Plan) appropriating 5214,000 of
unappropriated CDBG Program Income Funds as contained in the attached
Staff Report; aad (3) authorizing the City Manager to execute any and all
HUD contracts or documents as per HUD Regulations. (R40B)
RES. 2007-154 -Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2007-2008 Consolidated Annual Action
Plan as it pertains solely to the allocation of Community Development Block
Grant (CDBG) Funds to the Boys & Girls Club of San Bernardino. (R40C)
The hearing remained open.
Maggie Pacheco, Executive Duector of the Economic Development Agency,
stated that this matter was continued from the Council/Commission meeting of
April 16-that it had been referred to the Redevelopment Committee for further
consideration; specifically, to deal with the potential reallocation of $114,000
23 osio~i2oo~
that was proposed to be utilized for the Policing Program and the Pazk and
Recreation Program, and a potential $100,000 of additional program income
that materialized at the time of the hearing.
She advised that this particular item deals with three components-HOME
monies-the affordable housing componem-and they did not make any changes
there, since they had not received any direction from the Council to modify that
allocation. The same thing with the Emergency Shelter Grant-the committee
did not make any modification to those funds either. They specifically dealt
with the Community Development Block Grant (CDBG) money for the new
year and the program income.
She stated that staff did go back to the Redevelopment Committee, and they had
extensive discussions on this subject, spending several hours going over the
allocation of the funding and how the resources should be recommended to the
Mayor and Council for consideration.
She stated that she wanted to confirm that the Council members had received the
new staff report which had inadvertently been leR out of their back-up packets
and had been distributed eazlier today. She noted that this material, pazticulazly
Attachment I, represented the rewmmendations of the Redevelopment
Committee meeting of April 19, ?A07.
Special Counsel Sabo stated that probably Council Member/Commission
Johnson should excuse himself from any further discussions as they considered
the list of allocations, because the list did include the Boys and Girls Club. He
noted that Mr. Johnson did not pazticipate in the discussion at the
Redevelopment Committee meeting when they discussed this item.
Council Member/Commissioner Johnson stated that he did serve on the Boazd of
the Boys and Girls Club.
City Attorney Penman advised that very often a Council member will decide to
recuse themselves on an agency where they aze a boazd member; however, the
Fair Political Practices Commission (FPPC) and attorney general of the state
have opined that it is not necessazy to do that as long as the nonprofit is not a
major source of income. Therefore, you do not have to recuse yourself or
abstain from voting just because you aze a member of the board. He stated that
a Council member may wish to do so for appearance reasons, but they are not
legally required to do so. Therefore, if it is a volunteer board, there would be
no requirement for the Council members to recuse themselves.
Council MemberlCommissioner Johnson stated that during the discussion he did
not want to rxcuse himself; however, when it came to voting, he would like the
vote to be taken on Resolutions A and B sepazately from Resolution C, which
specifically addresses the Boys and Girls Club.
za osro~noo~
Ms. Pacheco distributed a new Attachment I, explaining that there was one
number that was transposed in Section B, Item 6. She stated that Attachment I
was basically the recommendations of the Redevelopment Committee, allocating
additional funding to the 24 original organizations that the Citizen Advisory
Committee had recommended funding. In addition, the Redevelopment
Committee had recommended funding of $10,000 to four new organizations,
shown as Nos. 25, 26, 27, and 28 on Attachment I. She stated that two other
items were recommended for funding by the Redevelopment Committee-Item
Nos. 7 and 8 under Section B-graffiti removal in the amount of $62,491 and
the EDA owned Sturges Auditorium Renovation and/or Operations in the
amount of $75,000.
Ms. Pacheco stated that the rationale and the justification for the Redevelopment
Committee's re-appropriation of this funding was noted on page 4 of the staff
report. Taking into consideration the amount of time that the Advisory
Committee spent in allocating the funding, the Redevelopment Committee
wanted to honor the wmmitment and the work done by the Advisory Committee
and simply wanted to augment their work and allocate funding accordingly.
Council Member/Commissioner Estrada stated that essentially what happened is
that the Redevelopment Committee did what the Council asked them to do,
which was to take the $114,000 that had been allocated to PAL and the Police
Activity League activities, and an additional $100,000 that is income that comes
in from various programs to the Agency, and combine that amount-$214,000-
and re-distribute that money to the applying agencies.
Therefore, the applying agencies, with the exception of the last four, had all of
their original allocations increased; and these increases were done on the same
formula that the Citizen Advisory Committee used in grading the applications;
therefore, the higher the rating of the application, the higher the amount of
money allocated. Also, agencies that were not originally recommended for
funding were given an allocation by the Redevelopment Committee, because
they thought the work of these agencies was commendable.
Christy F.lshof, Board President, YWCA of Greater San Bernardino, 567 N.
Siena Way, San Bernardino, CA, expressed appreciation for the increase,
noting that they have been in San Bernardino for 94 years and are working to
make it to 100 yeazs. She stressed how important the nonprofits are to the
community.
Marsha Olguin, Mary's Mercy Center/Mary's Table, 641 Roberds Avenue,
San Bernardirw, CA, stated that they also were grateful for the additional
funding-that they have been in operation and serving the community for 20
years. She thanked the Mayor and Council for their many years of support.
25 osro~noo~
Cheryl Fischer, Assistance League of San Bernardino, 635 North Road, San
Bernardino, CA, thanked the Mayor and Council for their support, stating that
the League serves about 7,000 children in their dental center each yeaz-
children who do not have dental insurance and are not on welfaze. They also
help to clothe 300 children who aze referred by the public schools because they
do not have adequate clothing to attend school.
Anna Cox, Community Development Citizen Advisory Committee Chairperson,
1965 Belle Street, San Bernardino, CA, thanked the Mayor and Council for the
extra funding, making increased funding to the nonprofits possible. She stated
that she just wished that they could fund even more.
Anna Ulibarri, 29108 Maplewood Avenue, Highland, CA, Project Life Impact,
thanked the Council and the Advisory Committee for the time they spent on
determining allocations. She stated they are a new nonprofit since February
2005, and expressed appreciation for their allocation.
Jack Avakian, Chief Volunteer Officer at the YMCA (effective June 1),
thanked the Mayor and Council for their allocation on behalf of the more than
11,000 children they serve.
Council Member/Commissioner Brinker noted that at the last meeting he had
talked about the need for increasing these kinds of funds, and the idea that this is
the appropriate funding source for these kinds of projects. He stated that he was
particulazly pleased by the allocation for graffiti removal. He noted that eazlier
in the meeting, during public comments, he had distributed his initial graffiti
plan to the people at the dais, but he didn't really say anything for the public
record.
At this time, he briefly reviewed the items on his Initial Gra.(Jiti Plan, as
follows:
1. Coordination of all aspects (identification, apprehension, clean-up)
2. Stricter enforcement of curfew.
3. Tazgeted approach to graffiti clean-up
4. Partnerships with the business community, neighborhood associations,
schools
5. Creation of a permanent funding stream
Mr. Brinker stated that he was looking forwazd to the upcoming budget
discussions to take this to the next level and find that permanent source of
funding to really attack this problem. He stated that he couldn't say thank-you
enough to everybody involved in this, because this meets and exceeds what he
had hoped to do with the CDBG this year.
26 osio~no0~
Ciry Attorney Penman advised that the City Attorney's office and the Police
Department routinely, regularly, and frequently refer people to a number of the
agencies listed on Attachment I. Among those are Central City Lutheran
Mission for homeless men; Frazee Community Center for housing and food;
Legal Aid Society of San Bernardino for a multitude of things; Mazy's Mercy
Center, Option House, Inc., San Bernardino Sexual Assault Services, and the
Salvation Army, which also provide shelter.
He noted that at the Council meeting on April 16, the recommendation had been
to cut a number of these agencies, or to give them the same amount of money
that they had received last yeaz. He stated that he wanted to thank fast, the four
Council members that insisted it go back; and then Ute full Council, who agreed
to giving these increases, which aze all really necessary.
Mr. Penman stated that he wanted to review very briefly the process we are now
using for allocating the CDBG funds, because there are some changes that can
legally be made.
He stated that it started off in the 1960's with the waz on poverty-the cities
received a certain amount of money for that. In the eazly 1970's, a change
came about with the Revenue Sharing Money. When the Revenue Sharing
Money came in, the City's Hutnan Relations Committee took all the
applications, reviewed them, then came to the Council and gave them their
recotnmendadons. Subsequently, under either President Carter or President
Reagan, we went to CDBG money. He noted that some of Ute Council
members thought that CDBG money was RDA money; however, it is not. He
pointed out that the CDBG funds do not go to the Redevelopment Agency-they
go to Ute City.
He explained that the decision was made some yeazs back to have the RDA
administer the CDBG grants because they had experience in dealing with
government grants. The big issue, and the issue some of Council members aze
still concerned about, is the Advisory Committee. According to Mr. Penman,
the CDBG requirements were that there be public input into how this money
was to be spent, and most cities decided that the public input would be at
meetings such as this one, where the public could just come down and talk.
However, our City went a step further and decided to appoint a CDBG
committee to review the applications and make the recommendations. We did
that because when the Revenue Sharing Money ended, the Human Relations
Commission was dissolved, because it's main purpose was to go over these
grants.
Today we have the process of having the applications go to the Citizen Advisory
Committee, they do the reviews, and people can come and speak there, then
they come to the Council. However, it is the choice of the Council how you do
27 05/07/2007
it from a legal standpoint-there just has to be public input. He stated that he
was not advocating one way or the other-he was not even advocating a change;
however, some of the Council members had questioned whether there had to be
a committee.
Council Member/Commissioner Baxter made a motion, sewnded by Council
Member/Commissioner Estrada, that the heazing be closed; and that said
resolutions A and B, be adopted.
I
The motion carried and Resolution Nos. 2007-152 and 2007-153 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution C, be adopted.
Resolution No. 2007-154 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.
R41. RES. CDC/2007-11 - Resolution of the Community Development
Commission of the City of San Bernardino making certain findings and
determinations and granting of official consent pursuant to State of
California Business & Professions Code Section 5273 regarding a certain
off-site advertising sign adjacent to I-215 Freeway to Arrowhead Central
Credit Union, a State chartered credit union (Central City Redevelopment
Project Area).
City Attorney Penman stated that for the record he wanted to correct one
statement in the staff report-that on the fast page, the last pazagraph (under
CURRENT ISSUE:) it talks about "The State of California Business and
Professions Code, Section 5273, states that no off-site freeway sign may be
erected or displayed within a redevelopment project azea unless the applicable
redevelopment agency has given its consent. In addition, the Code further states
that only businesses and activities that aze conducted within the project azea in
which the Sign is erected may advertise on that off-site freeway sign."
Also there is a comment in the last sentence that states, "Hence it appears that
the sign was entitled and the Licensing Agreement entered into without the
knowledge of the existence of the State Code."
zs osio~izoo~
According to Mr. Penman, Valerie Ross, Director of Development Services,
was present, and Henry Empeno, the Planning attorney, and both raised this
issue at several different meetings. The Mayor was at some of those meetings.
The issue was not only raised, but it was discussed in some detail that there
were restrictions as to what could be advertised on the sign, and appazently,
although the City was not involved-his office certainly wasn't, they never saw
the application to Caltrans, nor were they involved in that approval process-
and the only thing they can figure is that someone thought that Caltrans issued
the permit, and that the issue would be taken care of, which is, of worse, two
sepazate things. He stated that he just wanted to make the rewrd cleaz on that.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2007-11 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
R42. RES. CDC/2007-12 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Redevelopment Agency of the City of San
Bernardino (the "Agency") to execute the Exclusive Right to Negotiate and
Redevelopment ProjeM Study Agreement by and between the Agency and
LNR, San Bernardino, LLC (the "Developer") related to We Carousel Mall
(Central City Redevelopment Project Area).
Maggie Pacheco, Executive Director, Economic Development Agency, stated
that this particular item would allow the Agency to enter into an exclusive right
to negotiate with LNR for purposes of exploring the development of the
Carousel Mall site, including the Agency property, which is surface parking and
the parking garage. She pointed out that there was a short time attached to this
exclusive right to negotiate agreement-January 31, 2008; however, staff was
optimistic that LNR would be able to wmplete all necessary elements between
now and January. They would then be able to present to the Council a project
and development agreement. She advised that at the Redevelopment Committee
meeting, the members of the committee requested that a requirement be
incorporated that the Agency Executive Dtrector would provide a status report
every 90 days on this transaction to the Council/Commission.
I
Council Member/Commissioner Derry asked what criteria LNR was supposed
to provide during the 90-day period to show that they are performing in a
satisfactory manner and on schedule.
29 05f07f2007
Special Counsel Sabo advised that designs were included in Section 5, page 6 of
the agreement, and what staff would be looking for in the fast 90-day period is
to have LNR wmplete all of the comments that were given to them by the
Planning Department. He stated that LNR would owe them another draft of the
specific plan and the screen checked EIR to officially start that clock running on
the entitlement process.
Mr. Sabo advised that LNR had previously submitted a draft specific plan and a
screen checked EIR; and Planning Department staff and an outside consultant
retained by EDA had gone through it thoroughly and given them comments.
Now they were waiting for LNR to respond to those comments and come back
with another document-so during the first 90 days, it would be a matter of
submitting and processing that.
He stated that once they get through that process, he would say the second 90
days they would be well into the process of negotiating the Disposition and
Development Agreement, defming a lot of the criteria to be included in the final
DDA, the timing of the takedown of the land, phasing, demolition, construction
of the new buildings and things such as that. The final 90-day period, which
would get them to the end of the year, would probably be to see how we are
with regazd to the comments on the draft EIR, comments on the specific plan,
and wmplete the process. Also during that time, we have to either negotiate, or
somehow rescind, the reciprocal easement agreement and to have all the
entitlements in place so once we do complete the City entitlement process they
would be able to move forwazd.
Council Member/Commissioner Derry noted that on page 2 of the draft it
mentions that the developer has a formal purchase and sales agreement for the J
C Penney's building.
Mr. Sabo stated that that was as of the date when [his was first prepazed, and
that was their understanding at that time, but they know now that there is no
sales agreement-there were discussions, but there is no sales agreement as of
this date.
Mr. Derry stated that he had one other question regarding the fact that they aze
going through this whole Urban Land Institute issue, which includes this small
project azea. He stated he was very familiaz with the fact that LNR had an
exclusive right to negotiate which expired in November 2006, so for the past
several months we have requested that LNR reissue an exclusive right to
negotiate and they refused. Now we have voluntazily gone into the Urban Land
Institute and engaged that process, and now LNR is coming forwazd with this.
He questioned why the CounciUCommission would sign an exclusive right to
negotiate through January, when the Urban Land Institute that the
Council/County is bringing on in late June may have input regarding this matter.
30 05/07/2007
Ms. Pacheco advised that the exclusive right to negotiate doesn't lock the
Council/Commission into a process. She noted, however, that it certainly
indicates a level of commitment on the part of this body to wntinue to work
with LNR, who is the owner of the Cazousel Mall; but clearly the fmal approval
of any project is when the Council/Commission takes action relative to all of
these matters that aze outlined in the staff report-the EIR, the specific plan, the
development agreement, the settlement agreement, which are still subject to the
review and approval of this body.
Special Counsel Sabo stated that there is a provision in Section 20 of the
agreement that if for some reason the ULI recommendation comes back adverse,
and if LNR does not fulfill their obligations under the agreement, we do have
the right to terminate, so it's not as though we would be locked in if they were
to abandon the specific plan process.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2007-12 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson,
McCammack. Mays: Council Member/Commissioner Derry. Absent: None.
PLANNING
43. Public hearing -Conditional Use Permit No. 06-24 (Appeal No. 07-02) - an
appeal of a Planning Commission approval of additional antennas and
equipment at an existing communication tower site, with a requirement to
replace the existing non-stealth monopole tower with a monopine -project
site 1093 West 51° Street in the CH, Commercial Heavy, Iand use district
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of May 21, 2007 at 4:30 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31 05!07!2007
44. Public Comments
Joseph Turner, P.O. Box 91000, San Bernazdino, CA, stated that last week he
had posted a blog questioning the information contained in the Statements of
Economic Interests filed by Jim Moms, Mayor's Chief of Staff; and he asked
Mayor Morris what kind of fmancial support the mayor was providing for his
son.
City Attorney Penman stated that his office reviews all statements of economic
interests; that they reviewed Jim Morris' statement and found nothing wrong or
suspicious.
Mayor Morris stated that Jim Morris had responded to Mr. Turner's blog and
his response could be found at www.redcountysb.com.
Margaret Sherman, The Hudson Theater, 295 East Cazoline, San Bernardino,
CA, invited the Mayor and Council to the theater's grand opening, a tribute to
Frank Sinatra, on May 15, 5-7 p.m.
Tierney Harris, 2025 Sunrise Lane, San Bernardino, CA, spoke regazding the
amount of crime and graffiti in her azea and requested that someone show some
attention to these problems.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, spoke regazding the
difficulty in getting building inspection personnel to call contractors back with
inspection times; suggested gas tanks be installed at the Police Department
rather than officers having to refuel at the City Yards; and noted that the mayor
had implemented a program to clean this town up, but if others have better ideas
they should bring them forwazd.
Kevin Mitchell, 6794 Little League Drive, San Bernazdino, CA, spoke
regarding Meyers Creek, which is a soft channel, and the fact that they have
been flooded out for the past three years. He requested that the Mayor and
Council approve a hydrology study for the azea, particulazly in light of all the
new homes in the area, which will be dumping into the flood control channel.
Hank Mitchell, 3766 Belmont Avenue, San Bernardino, CA, also spoke
regazding Meyers Creek, stating that they have brought this problem to the
attention of people at City Hall for more than five yeazs. He advised that they
have stated the problem with facts and pictures, and although their goal is not to
mitigate, the rains aze coming, and it appeazs their only solution is to sue to stop
additional development, which he does not want to do.
32 05/07/2007
Note: The Mitchell's submitted a CD and a document titled, Notification to:
City of San Bernardino of: Inadequate Flood Control and Drainage
Infrastructure, and Inadequate Protection of Private and Public Properties from
Flooding and Mud Flows in the Meyers Creek Flood Control Channel System.
Mayor Morris referred the matter to the City Manager, and noted that the disc
provided by the Mitchell's would be reviewed by the Legislative Review
Committee.
City Manager Wilson advised that there is funding in the CIP for the hydrology
study in next year's budget.
45. Adjournment
At 8:15 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, May 21, 2007, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
CitypClerk
By; C
Linda E. Hartzel
Deputy City Clerk
No. of Items: 45
No. of Hours: 6.75
I
33 05!0712007
Mayor Patrick J. Morris
Cortncll Membas:
CITY OF SAN BERNARDINO Esthtr Estrada
Dennis Baxter
300 N. "D "Street Tobin drinker
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.orR c~tasxeiiey
Sae Bern Rikke Yan Johnson
Wendy McCammack
r
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
JUNE 7, 2007 - 4:30 P.M.
ECONOMIC DEVELOPMENT AGENCY
BOARDROOM
201 NORTH "E" STREET
SAN BERNARDINO, CALIFORNIA
This is the time and place designated for a joint adjourned regulaz meeting of the
Mayor and Common Council and Community Development Commission of the City of
San Bernardino from the joint regular meeting of the Mayor and Common Council and
Community Development Commission held at 1:30 p.m., Monday, June 4, 2007, in the
Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
The City Clerk has caused to be posted the order of adjournment of said meeting held
on Monday, June 4, 2007, and has on file in the office of the City Clerk an affidavit of
said posting together with a copy of said order which was posted at 1:30 p.m.,
Tuesday, June 5, 2007, on the City Hall breezeway bulletin board.
The joint adjourned regulaz 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 4:35 p.m., Thursday, June 7, 2007, in the
Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino,
California.
~ 06/07/2007
Roll Call
Roll call was taken by City Clerk Clazk with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker,
Kelley, McCammack; City Attorney Penman; City Manager Wilson; City Clerk Clark.
Absent: Council Members/Commissioners Derry, Johnson.
1. Budget deliberations -Fiscal Year 2007/08 -discuss and take possible
action -City budget
Mayor/Chairman Morris advised that the Economic Development Agency
budget would first go before the Redevelopment Committee on 'I~esday, June
12, to be reviewed by the Mayor and Council thereafter-that today they would
be reviewing the FY 2007/08 City budget.
City Manager Wilson stated that if he had to describe this yeaz's budget in one
word, the word would be "challenging." He advised that what is being seen is a
downturn in the economy, resulting in lower sales tax; and little growth in
property tax. He stated that two important goals are public safety and financial
security.
Mr. Wilson advised that the budget is a balanced budget of $144 million-that
most departments were held to bottom line budgets with very little money for
new programs except for Measure Z. He noted that it does include mandated
cost issues such as Charter Section 186 and increases that have been negotiated.
He added that one other issue coming up is the seismic retrofit of City Hall, and
staff hopes to have information for Ways and Means in the near future.
Bazbaza Pachon, Duector of Finance, reviewed in detail several schedules
contained in the Budget Summaries (Tab 3) section of the budget document.
She noted that revenues for the General Fund this yeaz were over $134 million,
plus Transfers In of just under $9 million, for a total of $143 million of
available funds. She pointed out that the lazgest source of revenue continues to
be taxes.
Ms. Pachon stated that fiscal yeaz 2007/08 would be the fast full yeaz of
budgeting for Measure Z. She pointed out that Measure Z monies aze tracked
in a separate division under the Police Department budget, and that is how it
would be done in any department that eventually gets allocated Measure Z
funds.
Relative to the budget reserves, she advised that the only change was the
addition of the Tow Fee, and that part of the reserve funds aze set aside for
some very real expenses.
2 06/07/2007
1
Council Member/Commissioner Estrada asked for none-page summary detailing
City items which aze paid by the Economic Development Agency (EDA).
Maggie Pacheco, EDA Executive Director, advised that the EDA budget has a
transmittal that will suttmuu•ize the contributions made by EDA to the City and
contains almost everything the Agency anticipates funding for the new fiscal
year.
Council Member/Commissioner Brinker noted that $80,000 was eatmazked
from the Air Quality AB2766 Fund to be used for 50 percent funding of
crossing guazds. He asked whether the Ciry was going to include Victoria
Elementary in the crossing guazd program this yeaz-that they aze part of the
Redlands School District and have not been included in the past, and he wanted
to make sure that they would get a crossing guazd, or that the City would at
least provide 50 percent funding like it does for San Bernardino schools.
Police Chief Billdt advised that his department could do a traffic study to see if
Victoria Elementary warrants a crossing guard. If so, the City would have to
enter into an MOU with Redlands School District relative to funding half the
cost associated with the position. He stated he would follow up with Sgt.
Burguan of the Traffic Division and report back at the next budget deliberations.
Chief Billdt provided a report on the Police Department budget. He advised
that last June he had presented to the Mayor and Council his combined hu•ing
plan; and as reported during Monday's Council meeting they have hired all 14
of those positions, along with 4 OTS grant officers the department receives for
traffic safety. He stated that in this yeaz's combined hiring plan they aze
proposing to hire 17 additional sworn personnel, plus 7 non-sworn positions,
which includes 3 dispatchers, 1 transcriber, and 3 forensic technicians to assist
with the increased calls for service.
The Chief noted that fiscal yeaz 2007/08 is the first year that tbe City will have
the quarter percent sales tax revenue, and as previously mentioned by Ms.
Pachon, it has been estimated that there will be approximately $5,461,800
generated through Measure Z. He advised that the department's proposed
budget had been presented to the Measure Z Committee on May 22.
Chief Billdt advised that the personnel costs associated with funding the 14
officers hired during fiscal cycle 2006/07, plus the funding for the 17 officers
and 7 non-sworn personnel that will be picked up in the 2007/08 budget, equates
to approximately $3,089,000. Included in that, they have budgeted $910,000
for equipment; $633,000 for continuing the helicopter contract; and $950,000 to
continue the Crime Impact Teams, which have proven to be a successful tool in
driving crime down (identified in the budget document as overtime), for a total
3 06/07/2007
annual cost of $5,583,000-leaving a surplus of $736,000. Add to this the
$150,000 that was carried over and the total surplus is $886,000.
Chief Billdt then went over the detailed line items of the Police Department
budget on page 197 of the preliminary budget. When he came to the hiring
incentives, Council Member/Commissioner Brinker indicated that if the City
would reach out to the business community, he thought it would be possible to
get them to offer some incentives as well. Discussion ensued regazding housing
incentives and the possibility of reaching out to the business wmmunity for
some of these incentives; and methods of advertising for new and/or lateral
recruits.
Council Member/Commissioner McCammack questioned how staff had come to
make the decision to spend $10,000 on an independent Measure Z audit.
City Manager Wilson stated that it was actually a recommendation of the
Measure Z Oversight Committee-they made a motion that there should be an
independent audit done of expenditures, and staff estimated a wst of $10,000.
Council Member/Commissioner McCammack stated that she was not
discounting the committee's thinking, as she wasn't at We meeting; however,
she did know that the City sets quite a bit of money aside annually for financial
audits every yeaz, and she didn't understand why the Measure Z portion of the
budget couldn't be included through the independent audit that we contract for
outside of City Hall annually.
Bazbaza Pachon, Director of Finance, advised that she was at that meeting and
had made that very recommendation-that staff would specifically request that
the City's independent auditors perform the audit of Measure Z and give the
results to the committee. However, that wasn't what they wanted-they wanted
a whole separate audit.
Mayor/Chairman Morris noted that the Council could certaiNy make another
decision, other than the one recommended by the committee.
Council Member/Commissioner McCammack stated that she had not
specifically spoken with her committee member to understand what the thinking
was, but in terms of economies of scale, it just becomes much more expensive
to sub out one portion of an audit. She suggested tltat if there was a way to ask
our auditors what the pricing would be to add the Measure Z monies (revenues
and expenditures) as a sepazate entity to the whole audit, she thought it would be
possible to save some money.
Council Member/Commissioner Kelley stated that he didn't want to speak for
any members of the Measure Z Oversight Committee, but he thought the sense
of charge that they all felt they had was the sense of being independent, and they
4 06/07/2007
I
were looking to see that somebody from the outside was doing this and not
anyone in-house. He stated that although Ms. McCammack's wncerns were
warranted, if he recalled correctly, the committee's sense was that their chazge
was to be independent and sepazate from the City> and that it was their role to
audit staff and make sure that those dollazs were spent correctly.
Council Member/Commissioner Estrada stated that she agreed with Councilman
Kelley that the committee has to have some kind of authority, and this is
probably the crux of their authority in terms of being able to hold the City's feet
to the fire in terms of accountability on those funds.
Ms. Pachon explained that the City's independent auditors will come in and they
will review Measure Zfunds-that it's part of their audit anyway, because it is
Bart of the general fund. She stated that she wouldn't want to misrepresent this
fact, because the auditors have to do this because it is part of the whole City,
just like they audit EDA and the Water Department. She noted that it is an
outside audit firm, so she doesn't have a problem if they wam to spend
additional money to have an additional audit done, but it will be done by the
City's audit team.
Council Member/Commissioner McCammack stated that the committee may or
may not understand that the auditors who come into the City are defmitely
independent auditors, hired separately and specially to be sure that they aze
independent, for our accountability to the public. She stated that it might be that
the Council, as elected officials, don't typically tell the auditors what they want
them to look for, or it might be that the committee wants to be able to interact
with the auditors.
Mayor/Chairman Morris asked Ms. Pachon if, when she met with the
committee, she had fully explained that this was not an internal audit, but it was
indeed an external audit by an independent auditing firm. j
Ms. Pachon indicated that the committee members who suggested the audit fully
understood the audit process-that the auditors pull samples of records, they
don't audit every single item. She thought maybe their thinking was that if they
had an additional audit there would be more detail, more scrutiny, and it was
just a comfort factor for them. It was her impression that they understood that
the City auditors would look at Measure Z also, but since it would be in such a
broad context, maybe their feeling was that it wasn't going to be detailed
enough.
Mayor/Chairman Morris suggested that perhaps Ms. Pachon could meet wiW
them again and explain the opportunity that we would have to save some City
dollazs by unifying those audits, with instructions from Ms. Pachon and the City
Manager to do a more detailed audit on this particular fund because of its
s o~o~izoo7
specialness. He noted that they may or may not be satisfied, but maybe that
further explanation would help resolve their concerns.
Council Member/Commissioner Estrada asked Chief Billdt how he was going to
tie the $4.7 million designated for Measure Z programs in the fiscal yeaz
2007/08 Police Department budget into those plans being developed for the five
focus azeas.
Mayor/Chairman Morris advised that they had met today for the fast time as a
team with all the departments who will be engaged. He stated that they did not
yet engage the County or the Schools in this, but they aze stazting down that
road to decipher how the extension of Operation Phoenix into these five new
discreet zones will be applied because each one poses unique challenges; and so
the strategies for each will be different in policing, as well as in code
enforcement, human services, and all Pazks and Rec services. He explained that
they aze going to assess both the challenges in those areas in terms of dwelling
places and apartment houses, as well as assets that aze available to partner with,
as they did in Operation Phoenix. He stated that discussion probably is going to
take place with the Council after they complete their analysis of the situation.
Chief Billdt explained that the majority of vests associated with Measure Z
funding is personnel costs; and they have had along-term vision as a City, and
certainly as a police department, that they wanted to fully staff the Beat Plan to
make sure that they have personnel spread across the city in each of the
geographic azeas. But they also want to have their Community Policing model
of all to a level where they have resources that can be proactive in addressing
specific crime problems in each of the five district wmmands.
He explained that what they have done as a City during the last yeaz to yeaz-
and-a-half, is spend considerable amounts of money in overtime deploying
Crime Impact Teams. In the 20-block area that they originally started in, they
used the Problem Oriented Policing officers as well as the Crime Impact Teams
to suppress violent crime in that neighborhood. Our plan in the future will be to
fully staff our Beat Plan, to use the resources in a proactive way through a
vaziety of different enforcement strategies to include drug interdiction, gang
suppression-but also to use our Problem Oriented Policing teams in such a way
that we can implement intervention and prevention programs while collaborating
with all our city stakeholders, whether they be state, federal, local, county,
whatever the case may be.
He added that this particular budget spends most of its money for the continued
hiring of resources that will be needed long term for sustainability in terms of
focusing on the most at-risk areas. He stated that in this budget he had
programmed in $950,000 as a proposal to this Council to continue to fund
proactive resources in our most at-risk corridors in our most a[-risk areas to
suppress crime. As the Mayor stated, they will be drilling down in each of
6 06/07/2007
r
these five geographic azeas. Each of them have their own inherent problems
and they will be taking a look at specific strategies to deal with crime in each of
the five geographic areas.
Ms. Estrada noted that when the Chief talks about Impact Tearns, currently that
is really the equivalent of overtime; and she asked whether a time would come
when there would be Impact Teams that wouldn't be the equivalent of
overtime-that there would be enough patrol personnel on an ongoing basis so
that officers wouldn't have to come in on overtime in order to have these Impact
Teams.
Chief Billdt explained that when he hires a new police officer it takes five
months for them to go through the academy, and then it takes another five
months for them to complete the field training officer program. He stated that
they have hired 14 new officers, plus 4 OTS officers, and they are all in
training. He stated that they have several coming out of training, and many
more coming out in the neaz future. He stated that his long-term vision and goal
is to create Crime Impact Teams as all the new officers come on, to replace
what they have been doing with overtime. He stated that he was hopeful this
could be accomplished sometime near the end of this next fiscal cycle.
City Attorney Penman pointed out that relative to the $10,000 audit cost, several
lawsuits have been threatened on both sides-one, if we don't spend all the
money on police they aze going to sue; and the other, if we do spend all the
money on police they are going to sue. He stated that as the Mayor and Council
consider this $10,000, they may want to consider the following information on
page 197: Under line item 5111, seventeen .45 caliber handguns caa be
purchased for $12,500 or seventeen threat level IDA ballistic vests can be
purchased for $10,300; under line item 5505, credit checks for pre-employment
applicants are $1,000 each, so that would be ten of those; and under line item
5704, seventeen Puma digital voice recorders would cost $11,000-so that
extra $10,000 for the audit can fund quite a few other necessary Measure Z
items.
Council Member/Commissioner Kelley stated that he had three areas of
concern:
1. He stated that he would like to see the City address the needs of the
Pazks Department to maintain our Landscape Maintenance Districts
which is a citywide issue that we need to tackle and resolve.
City Manager Wilson stated that one of the concerns that everyone is
awaze of, that exists right now, is that many landscape maintenance
districts are being formed in conjunction with new development
throughout the city. One thing that staff hasn't done as good a job with
is hiring contract administrators to manage the out-source contracts. He
7 06/07/2007
stated that what staff would be doing over the coming 60 days is working
with the new Parks Director and others to wme up with a strategy for
assessing a) the contracts-how well they are written, how well they aze
enforced; and most importantly b) beefing up the level of contract
supervision that we have right now. He stated that all this is hopefully
coming by next September or thereabouts.
Mayor/Chairman Moms noted that that was certainly on the minds of
our auditors when they looked at us and made recommendations, and one
of those was just as Mr. Kelley suggested-that we do a better job of
overseeing our pazks and landscape districts. He added that the City has
also gone out to bid for a Master Plan for our pazks, and that will
probably identify opportunities as well.
Mr. Wilson stated that the second part of that is really the fact that there
is a Master Plan under way, and as part of that plan they are going to do
an assessment of the current staffing levels, and they will not only
receive recommendations on how to improve the appeazance of our
pazks, but will also be looking at opportunities to restore our pazks, and
more importantly, how to finance the growth of our pazks and do it in a
responsible way.
2. Council Member/Commissioner Kelley stated that his second concern
was another citywide issue which deals with our Code Enforcement
Department. He stated that he has a specific interest in four things-to
provide for public safety-police, fire, and code enforcement; maintain
our parks; pick up our trash; and maintain our streets. Relative to Code
Enforcement, there are a lot of business corridors throughout our city-
"E" Street, Hospitality Lane, Highland, Base Line, and the University
district has University Pazkway. He stated that it was his understanding
that we only have one code enforcement officer making sure our designs
for maintaining our main thoroughfazes throughout our city and business
districts aze addressed on a day to day basis. He suggested the addition
of at least one person to that particulaz position so that they can address
our business corridors, which would help the City to bring in the tax
revenue it needs.
Glenn Baude, Director of Code Compliance, advised that at Legislative
Review Committee they had discussed a proposed program that actually
came from the Chamber of Commerce where the City would have an
annual inspection of businesses-check their size, check the exteriors,
check the landscaping, check their paint-like they aze proposing for
single family residences or multi-family residences. He stated that they
aze proposing to do a survey (they aze proposing "E" Street at this time)
to determine what the cost would be to do these inspections. He noted
that they aze talking about a special, minimal fee imposed on businesses
8 06/07/2007
to do these inspections each year, which would pay for the inspection
services. He stated that the last time they talked about this the Chamber
was in favor of it because the ones involved in the Chamber take care of
their businesses and they are concerned about people that don't take caze
of their businesses.
3. Lastly, Mr. Kelley commented on the maintenance of the City's streets,
including normal wear and teaz, weeds and palm trees growing up and
splitting the asphalt, weeds growing between the crab and gutter and the
street, which then ruin the surface of a street, requiring the City to
repave. He also mentioned the flood control areas and sewer drains,
where a lot of debris builds up and sometimes you see weeds. He stated
that it was his understanding that the City does perform some weed
spraying on our streets, something to the tune of $25,000; and he asked
Mr. Wilson to verify this.
City Manager Wilson stated that the City currently has a contract for
$25,000 to spray weeds in the right of way. He stated that he thought
what Mr. Kelley was saying is that in a city of 60 square miles, we
probably should have more resources allocated to this problem. He
stated that staff could certainly loak at options and bring that information
back to the Mayor and Council.
Council Member/Commissioner Estrada had a question regarding the Pazks and
Recreation budget shown on page 153 relative to the figures shown for the
Westside Community Cemer ($75,600 for FY 2006/07; zeroed out for FY
2007/08) and other Community Centers ($668,100 for FY 2006/07; $931,700
for FY 2007/08). She questioned why it was zeroed out on one line, but then
increased by $250,000 on the other.
City Manager Wilson stated that staff would look into that and get back to Ms.
Estrada at the next budget meeting.
Council Member/Commissioner Estrada asked Mr. Wilson to prepaze a
document that details the Parks and Recreation Department. She noted that the
'~ City continues to add little pazks, yet the number of employees continues to
shrink. She stated that she has heazd, "Well, we wntract with certain people to
do certain things;" however, she would like to see the whole picture. She noted
that "in the old days" when we didn't contract work out, Parks and Recreation
did the whole nine yazds. Therefore, she wants to know how many employees
we had then and how many acres of parkland they maintained versus the number
of employees we have today in the Pazks Department, the number of contracts
we have with private contractors, and the total number of acres today.
9 06/07/2007
I i
Council Member/Commissioner Kelley advised that the City has added almost ~
40 acres of new parkland in the last three years.
Mr. Wilson agreed to have that information available at the next meeting also.
2. Adjournment
At 6:10 p.m. the meeting adjourned to 4:30 p.m., Thursday, June 14, 2007, in
the Economic Development Agency Boardroom, 201 North "E" Street, San
Bernardino, California, to wntinue budget deliberations. The next joint regular
meeting will be held at 1:30 p.m., Monday, June 18, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By: c - l
Linda E. Hartzel
Deputy City Clerk
No. of Items: 2
No. of Hours: 1.5
to owo~noo~