HomeMy WebLinkAbout09-17-2007 MinutesSan
CITY OF SAN BERNARDINO
300 N. `D " Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 17, 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 1:32 p.m., Monday, September 17, 2007, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Baxter, Brinker, Derry,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson.
Absent: Council Members/Commissioners Estrada, Kelley.
Council Member/Commissioner Kelley Arrived
At 1:54 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission
meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
of San Bernardino v. San Bernardino Sta
- San Bernardino Superior Court Case No. SCVSS 137723;
1 09/17/2007
Diamond
Bernardino Superior Court Case No. CIVSS 700129;
et al. - San
Emelio S. Flores v. City of San Bernardino - San Bernardino Superior
Court Case No. CIVSS 700464;
Frank Ingram, III, et al. v. City of San Bernardino, et al. - United States
District Court Case No. CV 05-00925 (SGLx);
Jamie Johnson v. City of San Bernardino, Wackenhut, et al. - United
States District Court Case No. EDCV 07-00028;
of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 144269.
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 Project)
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Redevelopment Agency of the City of San Bernardino v. Ammons, et al. -
San Bernardino Superior Court Case No. SCVSS 140809.
2 09/17/2007
Under Agenda Item No. 1C, Anticipated Litigation and Initiation of Litigation:
The City and Thomas Wayne Kanavos, Turrill Transitional Assistance
Program, Inc. and Fiorella R. Reque, and Does 1-10.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Grace Pierson, Church Moderator for the I'
Congregational United Church of Christ, followed by the pledge of allegiance, led by
Vivian Zarate, a student at Anderson School.
2. Appointment — Amanda Jacobs — Human Relations Commission — Council
Member Kelley
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the appointment of Amanda Jacobs to the
Human Relations Commission, as requested by Council Member Kelley, be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Estrada.
Council Member/Commissioner Estrada Arrived
At 3:19 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commission meeting.
3. Presentations & Proclamations
Mary Renter, a Yh generation descendant of James Waters, a well known
mountain man and fur trapper who teamed up with Herman Brinkmeyer in 1882
to build an Opera House at Court and "D" Streets, donated ten opera chairs that
were in the James Waters Box at the Waters and Brinkmeyer Opera House and
four portraits belonging to the estate of James Waters. Accepting the donations
were Mayor Morris and Steve Shaw, President of the San Bernardino Historical
Society.
Mayor Morris presented a proclamation designating September 15, 2007 through
October 15, 2007, as Hispanic Heritage Month to Alycia Enciso, a member of the
City's newest commissions, the Historical Preservation Commission and the
Bicentennial Ad Hoc Committee.
3 09/17/2007
Ophelia Roop, City Librarian, announced that in celebration of Banned Books
Week (September 30 through October 6), world-renowned author Ray Bradbury
will be the guest speaker of the San Bernardino Public Library on Tuesday,
October 2, at 7 p.m., at the Sturges Center for Fine Arts. She stated that Mr.
Bradbury's book, Fahrenheit 451, is the second annual selection for the library's
One Book, One City program.
Peggi Hazlett, Assistant to the Mayor, read the names 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
Patricia Johns
Eugene Cahoon
Alain Martinovic
Christopher Johnson
Robert Richardson
4. Announcements
Department
Code Compliance
Development Services
Fire
Police
Public Services
Years of Service
10
10
5
5
5
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. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, 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 Brinker, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated September 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.
4 09/17/2007
7. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the personnel actions, as submitted
by the Chief Examiner, dated September 11, 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, as amended, excluding
the unclassified actions dated September 10, 2007.
Mayor/Chairman Morris stated that the City Charter allows approvals of higher
acting appointments to be done by the City Manager and they do not require
approval by the Council.
Council Member/Commissioner Brinker stated that if the Council had been voting
on these items in the past, why did the practice suddenly change. He requested
that he be provided something in writing.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
Council Member/Commissioner Brinker. Absent: None.
8. RES. 2007-378 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Brunick, McElhaney & Beckett and the City of San
Bernardino in the case of Eva Walker v. City of San Bernardino, et at.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-378 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. Resolution approving Amendment No. 1 to Professional Services Agreements
with Hall and Foreman, Inc. and AEI-CASC Consulting for on -call plan
review services and Resolution amending Resolution No. 2006-149 for outside
plan checking services
RES. 2007-379 — Resolution of the City of San Bernardino amending
Resolution No. 2006-149 entitled in part "Resolution... provisions for contract
plan checking provided by City employed consultants and providing new
methods for assessing fees to applicants and compensating consultants."
(9A)
5 09/17/2007
RES. 2007-380 - Resolution of the City of San Bernardino approving
Amendment No. 1 to agreements for services with Hall & Foreman, Inc. and
AEI-CASC Engineering, Inc. D.B.A. AEI-CASC Consulting for on -call plan
review services. (911)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A & B, be adopted.
Resolution Nos. 2007-379 and 2007-380 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
10. RES. 2007-381 - Resolution of the City of San Bernardino consenting to a
reorganization consisting of the detachment of a certain parcel of land from
the City of San Bernardino sphere of influence and City boundary and
attachment to the sphere of influence and annexation to the City of Highland
generally located at the northerly terminus of Applewood Street in the City of
San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-381 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2007-382 - Resolution of the City of San Bernardino approving
Amendment No. 3 to Services Agreement with LAN Engineering Corporation
for provision of professional project management services for the design of
the Mt. Vernon Ave. Viaduct over the BNSF Railroad.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-382 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. RES. 2007-383 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the FY 2007 Homeland Security
Grant Program Budget Detail Worksheet to the San Bernardino County Fire
Department, Office of Emergency Services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
6 09/17/2007
Resolution No. 2007-383 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2007-384 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the FY 2007 Metropolitan
Medical Response System (MMRS) grant program budget detail worksheet to
the San Bernardino County Fire Department, Office of Emergency Services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-384 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. RES. 2007-397 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino to enter into a new
agreement with the San Manuel Band of Mission Indians to provide fire
protection, EMS, fire prevention services, emergency dispatching, IT support
and fire apparatus maintenance to their tribal lands.
Council Member/Commissioner McCammack abstained due to the fact that San
Manuel is one of her business clients. She left the Council Chambers and
returned after the vote was taken.
City Attorney Penman stated that Native American tribes have sovereign
immunity under Federal law and cannot be sued unless they agreed to be sued.
He stated that since the tribe has declined to waive sovereign immunity, the City
would not be able to enforce the agreement, except in one limited area; therefore,
he declined to sign the agreement.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council adopt said
resolution;
Authorize the addition of one (1) Dispatcher I position, Range 1366 ($2,755-
$3,348), to begin employment on December 1, 2007;
Authorize the addition of one (1) Equipment Mechanic I position, Range 1378
($2,925-$3,555), to begin employment on December 1, 2007;
Authorize the Human Resources Department to update Resolution No. 6413,
Section Ten, to reflect this action; and
7 09/17/2007
Authorize the Finance Director to amend the FY 2007/08 adopted budget to
reflect in the Fire Acquisition Fund (211) $863,300 (rounded) to be received in
revenue from this contract and the corresponding planned expenditure of these
funds as outlined in the staff report dated August 28, 2007 from Michael J.
Conrad, Fire Chief.
The motion carried and Resolution No. 2007-397 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner
McCammack. Absent: None.
15. Authorization for the City Clerk to certify the employee election, the
certification of compliance with Government Code Section 7507 and the
certification of governing body's action concerning implementation of the
PERS 2.7% @ 55 Retirement Benefit
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the City Clerk be authorized to certify the
employee election, the Certification of Compliance with Government Code
Section 7507, and the Certification of Governing Body's Action.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
16. Ordinance authorizing an amendment to the contract between the Public
Employees' Retirement System (PERS) and the City of San Bernardino to
provide a 2.7% Q 55 retirement benefit for miscellaneous employees
ORD. MC-1255 - An Ordinance of the Mayor and Common Council of the
City of San Bernardino authorizing an amendment to the contract between
the Mayor and Common Council of the City of San Bernardino and the
Board of Administration of the California Public Employees' Retirement
System. FINAL READING (Continued from August 20, 2007)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted.
Ordinance No. MC-1255 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8 09/17/2007
17. RES. 2007-385 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order with two one-year renewal options to Accuvant Inc. for maintenance of
the City's sidewinder firewalls and spam and web filtering software for
protection of resources on the City's intranet.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-385 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2007-386 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with the San
Bernardino Symphony Orchestra for the promotion of arts and culture.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-386 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2007-387 - Resolution of the Mayor and Common Council authorizing
the City Manager to execute a Commercial Lease between the City of San
Bernardino and the Redevelopment Agency of the City of San Bernardino for
the lease of property known as 201A North "E" Street, Suite 103 and the east
half of Suite 106 on behalf of the City of San Bernardino Parks and
Recreation Department.
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 2007/08 budget to increase
revenues in Account No. 001-000-4520-0000 in the amount of $44,000,
appropriate $30,000 to Account No. 001-381-5502, Contractual Services, and
appropriate $14,000 to Account No. 001-381-5706, Alterations and Renovations.
The motion carried and Resolution No. 2007-387 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
9 09/17/2007
20. RES. 2007-388 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a vendor service agreement and a
purchase order to Parkwest Construction Company for the purchase and
installation of synthetic turf for the soccer field at Nunez Park.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-388 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2007-389 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of an application by the Police
Department for a Driving Under the Influence (DUI) mini grant from the
State of California Office of Traffic Safety in the amount of $29,439.56.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-389 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2007-390 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance, or his/her designee,
to issue a purchase order to Proforce Law Enforcement of Brea CA, to
provide X26E Tasers in an amount not to exceed $120,500 with one renewal
year.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-390 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. RES. 2007-391 - Resolution of the City of San Bernardino ratifying the
Police Department's submittal of the FY 2007 Law Enforcement Terrorism
Prevention Program (LETPP) grant application to the County Office of
Emergency Services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
10 09/17/2007
Resolution No. 2007-391 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2007-392 - Resolution of the City of San Bernardino ratifying the
Police Department's submittal of the FY 2007 State Homeland Security
Grant Program (SHSGP) grant application to the County Office of
Emergency Services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-392 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. RES. 2007-393 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to annual purchase order number
208237 in the amount of $157,301.00 to Inland Regional Material Recovery
Facility (IRMRF) pursuant to 3.04.010 B-3 of the Municipal Code for
transfer trash disposal fees.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-393 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2007-394 - A Resolution authorizing the execution of an agreement and
issuance of a purchase order to Ironman Parts & Services of Corona
pursuant to Section 3.04.010-B3 of the Municipal Code, for seven diesel
particulate filters to be installed on seven refuse trucks, per the California
Air Resources Board (CARB) regulations.
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 2007/08 Fleet budget to
appropriate $100,800.00 into Account No. 635-341-5173, Outside Vehicle
Maintenance, and to make the corresponding adjustments in the Refuse Fund.
The motion carried and Resolution No. 2007-394 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
11 09/17/2007
27. RES. 2007-395 — A Resolution authorizing the execution of an agreement and
issuance of a purchase order to Crest Chevrolet of San Bernardino pursuant
to Section 3.04.010-B3 of the Municipal Code, for one (1) 2007 Schwarze
A8000 Air Sweeper powered by compressed natural gas to be utilized by the
Public Services Department Street Division; and authorizing the Finance
Director or her designee to solicit lease -purchase rate quotes and award a
lease -purchase to the lowest responsible leasing company.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-395 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2007-396 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order in the amount of $500,000.00 to American Asphalt South, Inc. for the
FY 07-08 slurry seal program utilized by the Public Services Department,
Street Division.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-396 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. Establishment of an additional Deputy City Attorney IV position within the
City Attorney's Office
City Attorney Penman stated that in 2005 he made a request for an additional
attorney position to deal with Planning matters and an attorney was hired for that
purpose. He stated that that attorney was subsequently promoted to Sr. Assistant
City Attorney and was assigned to perform the administrative work of the Sr.
Assistant City Attorney and handle the planning matters along with Sr. Deputy
City Attorney Henry Empeflo. Subsequently, his office determined that the
Planning work was not getting done; therefore, that person was demoted back to
Deputy III, which left the Sr. Assistant City Attorney position vacant. He stated
that the position was later filled by the current Sr. Assistant City Attorney, Diane
Roth.
Mr. Penman stated that once again they found themselves short a planning
attorney since litigation, not planning, is Ms. Roth's area of legal expertise. He
stated that litigation remains, even more so than planning, the largest assignment
12 09/17/2007
of the City Attorney's office. He stated that the Mayor felt that they should hold
off filling the position until the budget cycle, which was discussed in May and
June. He discussed the matter with Mr. Wilson intending to put it into the
budget, but was informed that things were looking pretty bleak and it would not
be a prudent thing to do given the budget picture.
Mr. Penman stated that shortly after the new budget was passed, he attended a
workshop at EDA where he heard that the City was going to hire two new
planners and an engineer, and that the Economic Development Agency (EDA)
was going to provide two additional planners to the Planning Department. He
stated that if that happens, he does not have enough staff to handle it, and the
work will not get processed.
City Manager Wilson stated that he had related to the Personnel Committee that
the 2006/2007 sales tax figures came in about $1.1 million less than what they
had anticipated, and there was a shortfall in the 2007/2008 budget estimated at
about $1.8 million for a combined total of about $3 million less in sales tax than
what they had anticipated. He recommended that they hold off at this time.
Council Member/Commissioner Brinker stated that at the Personnel Committee
level he had asked where they would make cuts in the budget in order to fund this
position. He stated that he felt it would be irresponsible to incur a $120,000
ongoing expense for an attorney if they had not yet identified where they would
be making the cuts.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Members/
Commissioners Derry, Kelley, McCammack. Absent: None.
30. RES. 2007-398 — Resolution of the City of San Bernardino authorizing
execution of a Services Agreement with Los Padrinos Youth Services and
issue a purchase order in the amount of $588,000 for graffiti and abatement
services.
Cheryl Brown, Senator McLeod's Office, voiced her concerns regarding graffiti
and tennis shoes hanging on wires throughout the City. She stated that the whole
City needs improvement.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
13 09/17/2007
Resolution No. 2007-398 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. Public hearing and resolution imposing liens on property within the City of
San Bernardino for uncollected Business Registration fees
RES. 2007-399 - Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of San Bernardino for
uncollected business registration fees.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; that the City Clerk
be directed to administratively remove any properties from Exhibit A which have
been paid prior to the hearing; and that said resolution be adopted.
The motion carried and Resolution No. 2007-399 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
32. Public hearing - Resolution authorizing the execution of an Agreement and
Resolution Ordering Work relative to proposed Cajon Boulevard and
University Parkway Area Landscape Maintenance Assessment District No.
1057 (Parcel Map No. 17375) (Continued from August 20, 2007)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing and directing the execution of a Landscape Maintenance Services
Agreement relative to the proposed Assessment District No. 1057 (Cajon
Boulevard and University Parkway Area Landscape Maintenance Assessment
District). (32A)
Resolution of the City of San Bernardino finding 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 Cajon Boulevard and University Parkway area, approving
the final Engineer's Report, creating an Assessment District to cover the costs
of said maintenance, known as Assessment District No. 1057, ordering the
work, confirming the 2008-2009 Assessment Roll, and determining that the
Special Assessment Investigation, Limitation and Majority Protest Act of
1931 shall not apply. (32B)
14 09/17/2007
Note: No Resolutions were distributed with the backup materials.
The hearing remained opened.
City Clerk Clark stated that she had received 7 ballots in favor of the proposed
assessment.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of October 1, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Brinker.
33. An Ordinance of the City of San Bernardino amending Section 3.44.030 of
the San Bernardino Municipal Code Chapter 3.44, Telephone User's Tax to
clarify original intent. FIRST READING (Continued from September 4, 2007)
City Attorney Perlman stated that because the Howard Jarvis Association sued the
City of Sacramento for "clarifying" its ordinance alleging that such clarification
would require voter approval, he felt that it would not be prudent to adopt the
proposed ordinance. He recommended that this matter be placed on the ballot.
City Manager Wilson stated that in light of the City Attorney's opinion, it was
clear to him that they should take this item to the voters. He advised that any
ballot measures that the City intends to place on the February 5, 2008 ballot,
must be submitted to the County no later than November 9, 2007. Mr. Wilson
stated that they need to consider the nature of the ballot language as well as a
possible reduction in the Utility User's Tax rate. He suggested that the Council
may want to consider a workshop in the near future to discuss these issues and
provide staff with direction on how to take this forward.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that a workshop concerning the
Telephone User's Tax be agendized for October 1, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
15 09/17/2007
34. Resolution of the Mayor and Common Council of the City of San Bernardino
ratifying the retention of Atkinson, Andelson, Loya, Rudd & Romo for legal
services provided in the case of Evlyn Wilcox v. Kari Verjil (Marianne
Milligan, Real Party in Interest), San Bernardino County Superior Court,
Case No. CIVSS 705111. (Continued from September 4, 2007)
To avoid the appearance of a conflict, City Attorney Penman left the Council
Chambers and was replaced by Assistant City Attorney Easland.
Assistant City Attorney Easland requested a two -week continuance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of October 1, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
35. RES. 2007-400 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement between the
City of San Bernardino and Wells Fargo Bank N.A. for the provision of
banking services and the deposit of monies. (Continued from September 4,
2007)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2007-400 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
36. RES. 2007-401 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order with two one-year renewal options to Harris Computer Systems for
maintenance of the City's financial system. (Continued from September 4,
2007)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-401 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16 09/17/2007
37. RES. 2007402 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order to Accela, Inc., for maintenance of the Permits+ system. (Continued
from September 4, 2007)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-402 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
38. RES. 2007-403 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and purchase
order with two one-year renewal options to Sungard HTE for maintenance of
the Water Department's Financial and Utility Billing System. (Continued from
September 4, 2007)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-403 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
39. RES. 2007-404 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Vendor Services Agreement
and issuance of a purchase order in the amount of $90,000.00 with two one-
year extensions at the City's option between the City of San Bernardino and
Peter John Container Repair for commercial bin repairs utilized by the
Public Services Department, Integrated Waste Management Division.
(Continued from September 4, 2007)
City Manager Wilson stated that at the August 20, 2007 Council meeting, two
employees of the Public Services Department expressed concern regarding the
contract and the potential impact it may have on their jobs. Since that time there
has been at least two separate meetings with the employees, union
representatives, and City staff; and those employees were essentially assured that
their jobs would remain intact. The purpose of this contract was simply to
provide additional labor to complete the repair of the backlog of bins. Once that
is done, this contract will be terminated and the duties of the two workers will
continue as they have in the past, which is to do welding work. Mr. Wilson
stated that it was his understanding that the union representatives are aware of this
and have no issues with the contract now that they have worked through those
issues. He recommended that the Council consider adopting this contract.
17 09/17/2007
Bridgette Washington, San Bernardino Public Employees' Association, 433 N.
Sierra Way, San Bernardino, CA, stated that they are pleased at this point. She
stated that as a result of that meeting between the City and the Association on
September 10, 2007, they learned that the objective of the City was not to replace
the current employees, but to assist with the existing functions of bin repair that
the employees are performing on a temporary basis.
Council Member/Commissioner McCammack asked if the employees would be
able to catch up on all the repairs during the 12-month period that this contract
will be in existence so that they would not have to get an outside contractor next
year. She also asked if the City has the tools and materials to effect the repairs
that are backlogged and will the employees have the appropriate amount of tools
and materials all year long. Ms. McCammack stated that according to the staff
report, if both employees are being paid approximately $45,000 a year with
salaries and benefits, then they could actually hire two employees to accomplish
the same task and actually exceed the need for monthly repairs. She stated that
unless the Council plans on coming back again for another $90,000, her
suggestion was to hire two new employees to do the same job and not approve the
contract.
Ken Fischer, Director of Public Services, stated that they have about 3,200
business customers in the community and they are trying to refurbish all the
containers they have over a three-year period so they need to repair 90 bins per
month in order to accomplish that. He stated that their employees repair
approximately 52 bins, so the contractor would have to repair 38 bins each month
in order to keep the refurbishment on schedule. Mr. Fischer stated that he didn't
anticipate that they would need the entire $90,000, which was the amount set
aside in this year's budget, but it would be available in the event of unforeseen
circumstances. He stated that if something happens with one of his employees
and they are out for an extended period of time, he would need a way to make up
for that difference until they are back to work. Mr. Fischer stated that at the end
of three years he didn't expect they would need a third employee and he would
rather use a contractor for the temporary assignments. Then, once they know for
sure that they need a permanent employee, then they would hire one.
Mr. Fischer stated that the division manager had met with the employees and
received a list of tools and materials that are needed to complete those repairs,
and those items are being ordered.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-404 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley. Nays:
Council Members/Commissioners Johnson, McCammack. Absent: None.
18 09/17/2007
40. EDA Workshop to discuss the Economic Development Agency Budget
(Continued from September 4, 2007)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Agency return to the Council in January
2008 with a strategic plan and a set of criteria on how the $8.3 million fund
balance reserve should be allocated.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. j
41. An Urgency Ordinance extending a temporary moratorium and a non -
urgency regular ordinance establishing a temporary moratorium on the
establishment and operation of new parolee/probationer group homes,
registered sex offender group homes and unlicensed group homes
ORD. MC-1256 - An urgency ordinance of the City of San Bernardino
extending a temporary moratorium on the establishment and operation of
new parolee/probationer group homes, registered sex offender group homes
and unlicensed group homes, declaring the urgency thereof, and taking effect
immediately. URGENCY (41A)
An ordinance of the City of San Bernardino establishing a temporary
moratorium on the establishment and operation of new parolee/probationer
group homes, registered sex offender group homes and unlicensed group
homes. FIRST READING (41B)
City Attorney Penman stated that the current moratorium expires on September
20, 2007, and until the Council has the opportunity to discuss the matter more
fully at a workshop, he recommended that the urgency ordinance be adopted and
that the regular ordinance be laid over for final adoption.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said urgency ordinance A, be
adopted; and that said ordinance B, be laid over for final adoption. (Note: The
vote was taken following further discussion.)
Council Member/Commissioner Derry stated that the idea of holding a workshop
on this issue was discussed back in August, so he wanted to know what was the
reason for the delay.
City Manger Wilson stated that they had talked about getting someone from State
Parole, and since that time the Sheriff's Department has also provided some input
on the issue. He stated that the whole idea of the workshop was to bring in a
19 09/17/2007
series of speakers to educate the Council, but he is having difficulty setting that
UP.
Council Member/Commissioner Baxter asked if they could hold a workshop in
December.
Council Member/Commissioner Baxter made a substitute motion to extend the
moratorium to the end of the year. The motion died for lack of a second.
Mayor/Chairman Morris stated that the proposed Urgency Ordinance would
extend the current temporary moratorium for 10 months and 15 days.
Council Member/Commissioner McCammack stated that there was a presentation
made at the California League of Cities Conference from the Riverside City
Attorney regarding the program that they have instituted. She asked if it would
be difficult to get him to make a presentation to the full Council.
Mayor/Chairman Morris stated that he would be an important person to come talk
about this issue.
Council Member/Commissioner Kelley stated that time is very important and he
wanted to make sure they did not forget that the reason for the workshop was to
get an idea of the direction in which the Council wanted to go and how they were
going to act on what had been presented to them.
The following individuals spoke on the issues of parolees, group homes,
recidivism and public safety:
Ellen Timothy, 1125 Chestnut Avenue, Redlands, CA;
Tom Kanavos, Turrill Transitional Assistance, 1962 Turrill Avenue, San
Bernardino, CA.
City Attorney Penman voiced his concerns about delaying the workshop until
December. He stated that there are a lot of parolees being released every day and
the impact on the City continues to be great. According to Mr. Penman, by
delaying the workshop, the Mayor and Council were making it more difficult to
reduce the number of parolees in the City and keep new ones from coming in
from other counties.
Council Member/Commissioner McCammack suggested that the workshop be
agendized for the first of October, stating that she would find a speaker that
would be neutral to everyone.
Council Member/Commissioner Brinker stated that the parolee problem was not
urgent because it is a problem that has been with us for many years, and it will be
20 09/17/2007
with us for many years to come. He stated that if they treat this as an urgent
issue and act quickly without looking at all of the complex moving parts, then
they risk making a bad decision that could have very serious consequences for
their constituents. Council Member/Commissioner Brinker stated that he would
prefer that they tackle this issue sometime in November.
The motion made by Council Member/Commissioner McCammack, seconded by
Council Member/Commissioner Kelley, that said urgency ordinance A, be
adopted; and that said ordinance B, be laid over for final adoption, carried and
Ordinance No. MC-1256 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays:
Council Members/Commissioners Estrada, Baxter. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City
Clerk Clark, Economic Development Agency Executive Director Pacheco and Special
Counsel Sabo. Absent: None.
R42. Joint Public Hearing - Amendment No. 3 to the 2005 Meadowbrook Single
Family Residential Development Agreement with Meadowbrook Park Homes,
Inc. (IVDA Redevelopment Project Area)
RES. 2007-405 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to the disposition of a certain Agency lot
located at 167 East V Street, San Bernardino, California, by the
Redevelopment Agency of the City of San Bernardino ("Agency") pursuant
to Amendment No. 3 to the 2005 Meadowbrook Single Family Residential
Development Agreement by and between the Agency and Meadowbrook Park
Homes, Inc. (IVDA Redevelopment Project Area). (R42A)
RES. CDC/2007-27 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute Amendment No. 3 to the 2005 Meadowbrook Single
Family Residential Development Agreement by and between the Agency and
Meadowbrook Park Homes, Inc., and making certain findings and
determinations related to said Amendment No. 3 (IVDA Redevelopment
Project Area). (R42B)
Mayor/Chairman Morris opened the hearing.
21 09/17/2007
Maggie Pacheco, Economic Development Agency Executive Director, stated that
this matter was a request to convey the property at 167 E. 2' Street to
Meadowbrook Homes, an affiliate of ANR Industries. She stated that this
property would be used by Meadowbrook Homes to build a single-family home.
To date, Meadowbrook Homes has produced a total of 35 new homes. Ms.
Pacheco recommended that they approve the sale of the subject property to
Meadowbrook Homes pursuant to the Development Agreement.
Ms. Pacheco noted that they had to make a couple of corrections in Section 3 of
the Mayor and Common Council resolution. She stated that the errors were
inadvertent typographical errors that would be corrected and provided to the City
Clerk's office.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that said
Resolutions A & B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2007-405
and Community Development Commission Resolution No. CDC/2007-27 were
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None.
43. Public Comments
Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, spoke about this
year's 9/11 ceremony and she thanked Councilman Dennis Baxter for agreeing to
be the Master of Ceremonies for the Second Harvest Food Bank's black tie
fundraiser to be held on October 20, 2007 at the Victoria Club.
Anthony Garcia, 966 N. Crescent Avenue, San Bernardino, CA, spoke about the
parolee issue.
Stephen Pardy, Wordnet Productions, 532 N. "D" Street, San Bernardino, CA,
announced that their official grand opening was going to take place on Saturday,
September 22, 2007.
Ellen Timothy, 1125 Chestnut Avenue, Redlands, CA, spoke about data
regarding parolees versus sex offenders.
James Penman, 221 E. Marshall Blvd., San Bernardino, CA, spoke about his
support for Mayor Morris. He also stated that he has heard rumors about a
possible recall of the Mayor.
22 09/17/2007
Bridgett Washington, San Bernardino Public Employees' Association, 433 N.
Sierra Way, San Bernardino, CA, stated that as the designated bargaining unit
labor relations representative to the City of San Bernardino General Unit, she has
been involved in addressing concerns from employees in the Refuse Department.
She stated that the employees feel that they are working in a climate where there
is abuse of authority. She challenged the City to ensure that all departments of
the City of San Bernardino are working in a safe and fair environment.
44. Adjournment
At 8:07 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, October 1, 2007, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
No. of Items: 44
No. of Hours: 6
RACHEL G. CLARK
City Clerk
B
Linda Sutherland
Deputy City Clerk
23 09/17/2007