HomeMy WebLinkAbout12-17-2007 MinutesCITY 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
DECEMBER 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 1:42 p.m., Monday, December 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 Estrada, Baxter, Derry, Kelley,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson.
Absent: Council Member/Commissioner Brinker.
Council Member/Commissioner Brinker Arrived
At 2:25 p.m., Council Member/Commissioner Brinker arrived at the Council/
Commission meeting.
Council Member/Commissioner Derry Excused
At 5:50 p.m., Council Member/Commissioner Derry left the Council/Commission
meeting.
1. Closed Session
Pursuant to Government Code Section(s):
1 12/17/2007
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Sibauste, Amanda Marie v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 142129;
Zimmon, Garrett, Disability Retirement.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
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:
Fire Fighters Association Local No. 891
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional item would be
discussed in closed session:
Agenda Item No. 22.
2 12/17/2007
City Attorney Penman announced that the following additional items were
discussed in closed session:
Filling the position of Director of Housing & Community Development;
The performance of the Director of Parks, Recreation & Community
Services.
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.
Moment of Silence
Mayor Morris extended condolences to the families and requested a moment of silence in
memory of Amy Ulloa, who worked for the City for a total of 25 years; Larry J.
Graham, who worked as a detective for the Police Department for 17 years and as a
funeral director for Bobbitt Memorial Chapel for 27 years; and Audie Rabb, a longtime
community activist who worked with the Police Department on the Neighborhood Watch
Program and the National Night Out event.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David Randolph, Chaplain at San Bernardino
Community Hospital, followed by the pledge of allegiance, led by Councilman Neil
Derry.
2. Appointment - Paul Sanborn - Board of Fire Commissioners - Council
Member McCammack
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the appointment of Paul Sanborn to
the Board of Fire Commissioners, as requested by Council Member/
Commissioner McCammack, be 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
Following performances by harpist Lily Frame and guitarist Taylor Green,
musicians from Cal State San Bernardino, Council Member/Commissioner Kelley
presented them with Certificates of Recognition for their exceptional talent; and
to Dr. Todd Johnson, Chair of the Music Department at Cal State, in
acknowledgement of his exceptional music program at Cal State.
3 12/17/2007
Council Member/Commissioner Kelley presented a Resolution of Commendation
to Santa Claus in appreciation of his outstanding contributions to the citizens, and
especially to the children, of the City of San Bernardino.
Council Member/Commissioner Kelley presented a Resolution of Commendation
to Sergeant Brad Lawrence in appreciation of his involvement with the Ho Ho
Parade for the last ten years.
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
Gabe Homoloya
Tom Marek
Barbara Sladek
Douglas Heath
Kyle Lundy
Scott Matthews
4. Announcements
Department
Fire
Information Technology
Parks, Recreation and Community
Services
Police
Police
Police
Years of Service
5
15
5
5
15
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 Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolutions and ordinances
on the regular agenda of the Mayor and Common Council and Community
Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
4 12/17/2007
6. Council Minutes
Council Member/Commissioner Brinker 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 submitted in typewritten form: August 6,
2007; and October 1, 2007, as amended, changing Council Member/
Commissioner Derry's vote to "no" on Agenda Item No. 35.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated December 4, 2007, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated December 13, 2007 (Revised 12114107) 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,
referring the appointment of Carey Jenkins as Director of Housing & Community
Development to the Redevelopment Committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9. RES. 2007-475 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of an agreement retroactive to
December 1, 2007 with William Holt for hearing officer and/or
administrative law officer services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
5 12/17/2007
Resolution No. 2007-475 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2007-484 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a consultant services
agreement with Raphael Rawls for Operation Phoenix Community Liaison
Services.
Discussion ensued regarding funding, the selection process, and the duties of this
position.
Mr. Baude stated that this position had been approved by the Council and would
be funded by Community Development Block Grant (CDBG) funds. He stated
that this person would serve as a liaison for Operation Phoenix with the
community and the school district to build relationships and enhance current
programs.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted, amending the
starting date in Section 3 of the Consultant Services Agreement from December
17, 2007 to January 1, 2008.
Resolution No. 2007-484 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council
Members/Commissioners Derry, Kelley, McCammack. Absent: None.
11. San Bernardino Valley Enterprise Zone - finding of compliance with the
California Environmental Quality Act
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council find that
the City of San Bernardino General Plan Program Environmental Impact Report,
certified November 1, 2005, analyzes potential environmental impacts associated
with the San Bernardino Valley Enterprise Zone designation adequately, and that
no further environmental analysis and no new mitigation measures are required to
implement the San Bernardino Valley Enterprise Zone within the City of San
Bernardino; and direct staff to file a Notice of Determination.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
6 12/17/2007
12. Authorization for the Director of Development Services to amend the FY
2007/08 budget and execute Change Order No. One with Hardy & Harper,
Inc. for cul-de-sac street improvements on 4'b Street at Mt. Vernon Avenue
(SS06-01), per Project Plan No. 11882
Council Member/Commissioner Estrada abstained due to the fact that this matter
involved street improvements being done at Fourth and Tiajuana, which is near
her home.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2007/08 budget by transferring $32,500 from Account No. 126-
369-5504-7582 "Traffic Calming on 4' Street at Tiajuana Street and Cabrera
Avenue" to Account No. 126-369-5504-7581 (SS06-01) "41h Street cul-de-sac at
Mt. Vernon Avenue"; and that the Director of Development Services be
authorized to execute Change Order No. One with Hardy & Harper, Inc. in the
amount of $45,660 for cul-de-sac street improvements on 4' Street at Mt. Vernon
Avenue (SS06-01), per Project Plan No. 11882.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Abstentions: Council Member/Commissioner Estrada. Absent: None.
13. Item Deleted
14. RES. 2007-476 — Resolution of the Mayor and Common Council of the City
of San Bernardino repealing Resolution No. 2007-413 and approving
Amendment No. 1 to Agreement with GFR Enterprises, Inc. for the
dedication and improvement of a 4-acre park at the southwest corner of
Irvington Avenue and Chestnut Avenue.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-476 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2007477 — Resolution of the City of San Bernardino approving
Amendment No. 1 to Agreement for Professional Services with Transtech
Engineers, Inc. to provide Program Management Services for the Santa Fe
Depot Parking Structure Project (GB04-19).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
7 12/17/2007
Resolution No. 2007-477 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. ORD. MC-1262 - An Ordinance of the City of San Bernardino amending
Sections 15.04.010, 15.04.020, 15.04.065, 15.04.070, 15.04.075, 15.04.100,
15.04.110, 15.04.114, 15.04.120, 15.04.1259 15.04.1309 15.04.163, 15.04.165,
15.04.1679 15.04.175, 15.04.179, 15.04.180, 15.04.2009 15.04.2109 15.04.220,
15.04.221, 15.04.2229 15.04.2239 15.04.2259 15.04.230, 15.04.2509 15.10.040,
15.10.060, 15.10.080, 15.74.010 and repealing Sections 15.04.055, 15.04.0779
15.04.084, 15.04.105, 15.04.1169 15.04.1179 15.04.118, 15.04.119, 15.04.133,
15.04.177, 15.04.250, 15.12.010 of the San Bernardino Municipal Code and
adopting by reference the 2007 Edition of the California Building Standards
Code, known as the California Code of Regulations, Title 24 (CCR, T-24),
incorporating the International Building Code, 2006 Edition, the Uniform
Mechanical Code, 2006 Edition, the Uniform Plumbing Code, 2006 Edition,
the National Electrical Code, 2005 Edition; and adopting the Uniform
Housing Code, 1"7 Edition, the Uniform Administrative Code, 1997
Edition; the Uniform Code for the Abatement of Dangerous Buildings, 1997
Edition, and amending those California Building Standards as identified
herein, through express findings of local necessity. FINAL READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-1262 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2007478 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance of
a purchase order to JEC Integration Systems for the purchase and
installation of an upgraded audio/visual system for the Fire Department's
Training Facility.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-478 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8 12/17/2007
18. Resolution of the City of San Bernardino amending Resolution No. 6413,
Sections ten, eleven, twelve, and fourteen, entitled in part "A
Resolution... establishing a basic compensation plan...", by updating
information codifying prior council actions (General, Middle -Management,
and Confidential and Management Units).
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of January 7, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
19. Amendments to Side Letter agreements with General and Middle -
Management Employees Bargaining Units; and Amendment to Resolution
No. 2007-345 authorizing agreement with Management/Confidential
Employees
RES. 2007479 - Resolution of the City of San Bernardino amending Article
III, Compensation, Section 1, Salaries, of the Side Letter between the City
and General Unit Employees Bargaining Unit. (19A)
RES. 2007480 - Resolution of the City of San Bernardino amending Article
III, Compensation, Section 1, Wages, of the Side Letter between the City and
Middle -Management Employees Bargaining Unit. (19B)
RES. 2007-481 - Resolution of the City of San Bernardino amending
Resolution No. 2007-345, Section 2.B.2, Compensation, between the City and
Management/Confidential Employees. (19C)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolutions A-C, be adopted.
Resolution Nos. 2007-479, 2007-480 and 2007-481 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
9 12/17/2007
20. RES. 2007-482 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
4 to contract 05-689 with the County of San Bernardino Human Services
Department for a Cost of Living Allowance (COLA) and a Child and Adult
Care Food Program (CACFP) adjustment, for the Head Start/Preschool
Program at Delmar Heights Community Center for FY 2007-2008.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-482 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2007-483 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Memorandum of
Understanding between the San Bernardino City Unified School District and
the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-483 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the issuance of a purchase order in the amount of $104,179.00 to
Burrtec Waste Industries, Inc. for commingled recyclable processing services
for the months of April, May, June and July of 2006.
Council Member/Commissioner Brinker stated that in an attempt to locate another
provider for its recyclable materials, the City did not meet the deadline and it
ended up costing $104,000. He requested an explanation as to how this happened
and how it was going to be handled.
Ken Fischer, Director of Public Services, stated that they had an existing
agreement for several years with Burrtec that actually paid the City for
recyclables. That agreement contained a guarantee that whenever the City
delivered to them, they would recycle 75 percent by contract, which ended in
February. He stated that he received a letter indicating that since the contract had
expired, they were going to begin charging the City based upon the open market
for what the City was actually providing them. Mr. Fischer stated that that is
when they learned that the material delivered to them was not 75 percent
recyclable, in fact, it was barely 50 percent recyclable, which completely changed
10 12/17/2007
the economics of the relationship and went from the situation where they were
paying the City to where the City had to pay them. He explained that when this
began in April, they didn't receive the first invoice until the middle of June for
April so they did not know what the impact was going to be until that time. As
soon as they learned, Mr. Fischer stated that they changed where they were
sending their recyclables, but ended up owing Burrtec the money. He stated that
they put out an RFP and entered into another agreement and are currently getting
paid for the recyclables. Mr. Fischer noted that the amount would be covered in
the current budget under waste disposal.
Council Member/Commissioner McCammack asked how they let this contract
expire.
Mr. Fischer stated that Burrtec did not want to renew it under the existing terms
of the 75 percent, so they had to follow the proposal process to get a new
contract. He stated that while they did learn what the mix was, they are now
getting paid for the recyclable mix under the current contract. He stated that it
was during this gap period where they were at a disadvantage because they did
not have another provider at the time and did not know what the repercussions
were going to be until about the middle of June.
Council Member/Commissioner Brinker asked if the City Manager's office could
investigate this matter and provide the Council with a timeline explaining how
this $100,000 mistake occurred. He stated that if we had a contract that we knew
was going to expire in February we should have had something in place in
February. He stated that someone dropped the ball and he wanted to know when
the communications occurred and who the responsible parties were.
Council Member/Commissioner McCammack made a motion to continue. The
motion died for lack of a second.
Council Member/Commissioner Derry noted that when Mr. Fischer was hired he
made it very clear that the City should go out for bid on this because it was an
opportunity for the City to do a better job. He stated that he did not see the need
to continue the item —the bill had to be paid.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
Council Member/Commissioner McCammack. Absent: None.
Note: Later in the meeting the matter was reconsidered and the following
action was taken on this matter.
11 12/17/2007
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the prior action to adopt the
resolution be rescinded to allow the matter to be discussed in closed session.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Derry, Kelley.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, McCammack. Nays: None.
Absent: Council Members/Commissioners Derry, Johnson.
23. Resolution of the Mayor and Common Council of the City of San Bernardino
requiring all resolutions and motions to include language requiring staff to
bring back to Council for consideration all deviations, changes, and/or
revisions to directions contained in previously approved agenda items.
Council Member/Commissioner Kelley indicated that a correction needed to be
made in Section 1, Line 12 of the Resolution deleting the word "after" and
inserting the word "before," to read as follows: "...next meeting before such
deviation, change, and/or revision occurs." He stated that the intent of this
resolution is to make sure that any changes or deviations from any Council -
directed action shall come back to the full Council before any such changes or
deviations occur.
Mayor/Chairman Morris stated that his concern was that this may lead to the
micro -management of the City business that the City Manager is charged with
achieving.
Council Member/Commissioner Kelley stated that this is an attempt to correct the
ongoing problem of things that are failing to happen or articles of information that
are distributed to the Council at the last minute.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Kelley, McCammack. Nays: Council Members/Commissioners
Estrada, Baxter, Brinker, Johnson. Absent: Council Member/Commissioner
Derry.
12 12/17/2007
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter be referred back to the
Legislative Review Committee; however, the motion and second were
subsequently withdrawn.
24. RES. 2007-488 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Consultant Services
Agreement with Sidewalk Strategies, a division of Tramutola LLC, to
provide public information services related to the Utility User's Tax Rate
Reduction and Modernization Ballot Measure.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2007/08 adopted budget to
transfer $77,800 from the Unreserved/Undesignated General Fund balance to
Account No. 001-092-5502 (Professional/Contractual Services).
The motion carried and Resolution No. 2007-488 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley,
Johnson. Nays: Council Member/Commissioner McCammack. Absent:
Council Member/Commissioner Derry.
25. RES. 2007-489 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the template letter of agreement in concept,
and authorizing the City Manager to execute a KaBOOM! Outreach
Statement on behalf of the City of San Bernardino as required for
consideration for a Community -Build Playground proposed for construction
at Lytle Creek Park.
Discussion ensued regarding potential liability issues and signage.
Kevin Hawkins, Director of Parks, Recreation and Community Services, stated
that this action does not guarantee that the City of San Bernardino will be
approved to proceed with this project, and he noted that any final agreement will
come back before the Council.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-489 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Derry.
13 12/17/2007
26. Salary adjustment for Security Officer and Assistant Security Supervisor in
the Facilities Management Department
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
approve a salary adjustment for Security Officer, from $11.84-$14.96 per hour to
a flat rate of $18.00 per hour; approve a salary adjustment for Assistant Security
Supervisor from $12.62-$17.36 per hour to a flat rate of $20.40 per hour; and
authorize the Human Resources Department to update Resolution No. 6413 to
reflect this action.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry.
27. An Ordinance of the City of San Bernardino amending the San Bernardino
Municipal Code (Development Code), to prohibit group homes and
residential care facilities for parolees and registered sex offenders in
residential and commercial land use districts, and to designate a violation of
this ordinance a misdemeanor.
Note: No ordinance was distributed with the backup materials.
Agenda Item Nos. 27 and 31 were discussed and voted on simultaneously.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the ordinance be referred to the
Legislative Review Committee. (Note: No vote was taken).
After lengthy discussion, the following action was taken:
Council Member/Commissioner Brinker made a substitute motion, seconded by
Council Member/Commissioner Estrada, that all parolee issues be referred to the
Mayor's Parolee Ad Hoc Committee before referral to the full Council or any
other committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Nays: None.
Abstentions: Council Member/Commissioner McCammack. Absent: Council
Member/Commissioner Derry.
Note: Later in the meeting the matter was reconsidered and the following
action was taken on this matter.
14 12/17/2007
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the prior action be rescinded due to
the fact that a member of the public had requested to speak on this item.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry.
Jay Lindberg stated that when the State is forced to release inmates, the City is
going to have to deal with 30 years of failed policy and will have to figure out a
way to start rebuilding the economy so these people can survive.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Estrada, that all parolee issues be referred to the Mayor's
Parolee Ad Hoc Committee before referral to the full Council or any other
committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Member/
Commissioner Kelley. Abstentions: Council Member/Commissioner
McCammack. Absent: Council Member/Commissioner Derry.
28. Public hearing - resolution approving annexation, resolution calling the
special election and resolution certifying the results of an election for
Community Facilities District No. 1033, Annexation No. 4, for property
consisting of an industrial development located on the southwesterly side of
Cajon Boulevard, southeasterly of Glen Helen Parkway (DP II No. 06-23)
RES. 2007-485 - A Resolution of the Mayor and Common Council of the City
of San Bernardino, California, authorizing the annexation of territory
(Annexation No. 4) to Community Facilities District No. 1033 and authorizing
the levy of a special tax and submitting the levy of tax to the qualified
electors. (28A)
RES. 2007-486 - A Resolution of the Mayor and Common Council of the City
of San Bernardino, California, calling a special election and submitting to the
voters of Annexation No. 4 of City of San Bernardino Community Facilities
District No. 1033 propositions regarding the annual levy of special taxes
within Annexation No. 4 and the establishment of an appropriations limit.
(28B)
RES. 2007-487 - 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. 4. (28C)
15 12/17/2007
Mayor/Chairman Morris opened the hearing.
City Clerk Clark announced that a consent and waiver was received and was
properly executed; the Voter Count Certification from the Registrar of Voter's
Office confirmed that the records had been examined and as of November 16,
2007, there were no registered voters within the area or within the surrounding
areas; and the ballot, which represented 136 votes, was in favor of Propositions A
and B.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolutions A&B, be adopted.
The motion carried and Resolution Nos. 2007-486 and 2007-487 were adopted by
the following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council
Member/Commissioner Derry.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution C, be adopted.
Resolution No. 2007-487 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Derry.
29. RES. 2007-490 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance of
a purchase order to Galls, an ARAMARK, CO., LLC, to provide employee
uniforms during FY 2007-08 in an amount not to exceed $50,000 with two
renewals at the City's option. (Continued from December 3, 2007)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-490 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Derry.
30. Draft Memorandum of Understanding with the County of San Bernardino to
provide assistance to the City of San Bernardino, Operation Phoenix Eastern
Area (Continued from December 3, 2007)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of January 7, 2008.
16 12/17/2007
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry.
31. Parolee Issues (See Agenda Item No. 27)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Estrada, that all parolee issues be referred to the Mayor's
Parolee Ad Hoc Committee before referral to the full Council or any other
committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Member/
Commissioner Kelley. Abstentions: Council Member/Commissioner
McCammack. Absent: Council Member/Commissioner Derry.
32. National League of Cities Congress of Cities and Exposition Update
Council Member/Commissioner Kelley distributed handout materials and
presented his report to the Mayor and Common Council.
Council Member/Commissioner Johnson presented his report to the Mayor and
Common Council.
Mayor/Chairman Morris noted that Council Member/Commissioner Derry was
absent and would present his report at a later date.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
receive and file the update.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry.
COMMUNITY DEVELOPMENT COMMISSION
Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk
Clark, Economic Development Agency Deputy Director Gee and Special Counsel Sabo.
Absent: Council Member/Commissioner Derry.
17 12/17/2007
R33. Public hearing - Midterm Review and Amendment of the Five (5) Year
Implementation Plan 2004-2009 for the Agency's eleven (11) redevelopment
project areas and the IVDA Redevelopment Project Area (Housing
Component). (Continued from December 3, 2007)
RES. CDC/2007-32 - Resolution of the Community Development Commission
of the City of Bernardino adopting the Redevelopment Agency of the City of
San Bernardino ("Agency") Midterm Review and Amendment of the Five (5)
Year Implementation Plan 2004-2009 for the Agency's ten (10) redevelopment
project areas (Central City North, Central City West, State College,
Southeast Industrial Park, Northwest, Tri-City, South Valle, Mt. Vernon
Corridor, 40th Street, Central City Projects Merged - comprised of Central
City East, Central City South, Meadowbrook and Central City Projects) and
the Inland Valley Development Agency ("IVDA") Redevelopment Project
Area (Low -Moderate Income Housing Component). (R33A)
RES. CDC/2007-33 - Resolution of the Community Development Commission
of the City of San Bernardino adopting the Redevelopment Agency of the
City of San Bernardino ("Agency") Midterm Review and amendment of the
Five (5) Year Implementation Plan 2004-2009 for the Agency's Uptown
Redevelopment Project Area. (R33B)
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; and that said
resolutions A&B, be adopted. (Note: No vote was taken.)
Council Member/Commissioner McCammack stated that she would have to
abstain on Resolution No. R33B because she owns property within the Uptown
Redevelopment Project Area; therefore, she requested that the resolutions be
voted upon separately.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed; and that said
resolution A, be adopted.
The motion carried and Resolution No. CDC/2007-32 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Johnson, McCammack. Nays: Council Member/Commissioner Kelley.
Absent: Council Member/Commissioner Derry.
18 12/17/2007
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolution B, be adopted. (Note: Council Member/Commissioner McCammack
left the Council Chambers and returned after the vote was taken.)
Resolution No. CDC/2007-33 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council
Member/Commissioner Kelley. Abstentions: Council Member/Commissioner
McCammack. Absent: Council Member/Commissioner Derry.
PLANNING ITEM
34. Appeal of the Planning Commission approval of Development Permit 3 No.
06-14 to construct a 3-story, 93-unit senior housing complex at the northwest
corner of Medical Center Drive and 16' Street in the CO, Commercial
Office, land use district
Mayor/Chairman Morris opened the hearing.
Valerie Ross, Director of Development Services, stated that this item was
considered by the Planning Commission at their meeting of July 17, 2007. She
stated that input was taken from the residents at that meeting, and many of those
residents were in the audience today.
Ms. Ross stated that the residents were opposed to the project based on increased
traffic, lack of amenities, and the intensity of the use at this location. She stated
that staff was recommending that the appeal be denied and that the Planning
Commission's approval of Development Permit III No. 06-14 be upheld, based
upon the Findings of Fact in the Planning Commission staff report, subject to the
Conditions of Approval and Standard Requirements.
Council Member/Commissioner Johnson stated that he had informed Mr. Torres
that the community had issues with this project in its present configuration and
suggested that it be revised. He stated that he voiced his objections at the July 17
Planning Commission meeting and that his objections to this project include lot
size, the ratio of units per acre, and compatibility with existing structures in the
area.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Frances Grice, City of San Bernardino business owner, spoke in opposition to
the project.
19 12/17/2007
Betty Dean Anderson, resident of the 6' Ward, stated that this project would be
detrimental to this area and that her main concern was with the density of the
project.
Randolph Riley, member of the Northwest Redevelopment Project Area
Committee (NWPAC), stated that the City of San Bernardino needs more senior
citizen homes; therefore, he requested that the Council approve this project.
Lola Lee, 1578 W. Gilbert Street, stated that her concerns with this project were
with graffiti and with the fact that they were proposing to put 93 units on less than
2 acres of land.
Rikke Torres with Global Premier Development, stated that crime was one of the
issues that was brought up at the Development Review Committee meetings and it
was suggested that they prepare a security plan, which they did by adding 24-hour
surveillance cameras, additional lighting, etc.
Ben Seeger, Architect with KTGY Group, addressed the concerns regarding lot
coverage percentage, height, density, and structural issues.
Stephen Hernandez with Global Premier Development, stated that they are tax
credit developers, which means that they apply to the State for tax credit
financing. He stated that because of the competitive nature of these tax credit
developments, they have to compete against all the other developments
throughout the State. He noted that last year there were 109 applicants that
applied for this tax credit funding and only about 20 were awarded. He stated
that they are not slum landlords. They have a financial interest to ensure the
structural integrity and the aesthetics of their development. They perform annual
inspections and they have a security management plan and community apartment
watch groups.
A lengthy discussion ensued regarding issues such as aesthetics, crime, security,
size of units, lighting, and ingress/egress.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed and that the
Mayor and Common Council grant Appeal No. 07-04 and deny Development
Permit No. 06-14 in concept and continue to the next meeting to allow
Development Services to bring revised Findings of Fact to the Council.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Johnson, McCammack. Nays: Council
Members/Commissioners Derry, Kelley. Absent: None.
20 12/17/2007
35. Public Comments
Jesse Valenzuela, Congressman Baca's office, 201 N. "E" Street, #102, San
Bernardino, CA, extended an invitation to the Mayor and members of the
Common Council to attend Congressman Baca's annual holiday open house and
reception on Wednesday, December 19, 2007, from 5:30 p.m. to 7:30 p.m., in
the Economic Development Agency conference room.
Jerry A. Moya, 2565 W. Poplar Street, San Bernardino, CA, stated that the
Fire Commission has been lacking a quorum at its meetings, and suggested that
those who cannot make a commitment need to make a choice. Mr. Moya
presented the Mayor and Council with a list of items that need repair and/or
upgrades at Fire Station No. 229 and at several other fire stations throughout the
City.
Arlington Rodgers, 5941 Laura Lane, San Bernardino, CA, stated that he was
excited to hear that the City is considering establishing Operation Phoenix on the
west side. Mr. Rodgers thanked City staff for the support extended to the family
of his nephew, Devon McGee.
Frank Washington III, 1034 W. 8' Street, San Bernardino, CA, announced that
the funeral for Lonnie Johnson would be held on Friday, December 21, 2007, at
Temple Missionary Baptist Church at 8`" and Medical Center. Mr. Washington
also announced that the annual feeding of the homeless in San Bernardino would
be held on Monday, December 24, 2007, from 11 a.m. to 3 p.m., at St. Andrews
Lodge, #16, 1034 W. 8' Street, San Bernardino, CA.
Dan Walker, San Bernardino, CA, stated that City officials should work together
to bring in more industry and more jobs, which would lower the crime rate.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed copies to the
Mayor and Common Council and spoke about "The Economic Model," a piece
he wrote in 1996, regarding the trade deficit.
Justin Smith, 7094 E. Newbury Avenue, San Bernardino, CA, stated that he is a
business entrepreneur and is interested in business development in the City of San
Bernardino, but he needs some guidance.
Nader Khader, 5509 Golondrina Drive, San Bernardino, CA, stated that he
owns his own marketing business, but he needs some guidance to find out what he
can do in and for the City of San Bernardino.
Tom Kanavos, Turrill Transitional Assistance, stated that the State of California
places all sex offenders into one category, which he believes is discrimination.
21 12/17/2007
36. Adjournment
At 8:35 p.m., the meeting adjourned to 3:00 p.m., Tuesday, December 18, 2007,
in the Management Information Center, Sixth Floor, City Hall, 300 North "D"
Street, San Bernardino, California.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, January 7, 2008,
in the Council Chambers, 300 North "D" Street, San Bernardino, California.
No. of Items: 36
No. of Hours: 7
RACHEL G. CLARK
City Clerk
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Linda Sutherland
Deputy City Clerk
22 12/17/2007