HomeMy WebLinkAbout01-22-2008 MinutesSH
CITY OF SAN BERNARDINO
300 N. `D " Street
San Bernardino, CA 92418
Website: www.sbcity.org
MTNT TTF.S
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 22, 2008
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 1:40 p.m., Tuesday, January 22, 2008, 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,
Johnson, McCammack; Assistant City Attorney Easland, City Clerk Clark, City
Manager Wilson. Absent: Council Members/Commissioners Brinker, Kelley.
Council Member/Commissioner Kelley Arrived
At 1:43 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
Council Member/Commissioner Brinker Arrived
At 3:00 p.m., Council Member/Commissioner Brinker arrived at the Council/
Commission meeting.
Council Member/Commissioner Johnson Excused
At 5:15 p.m., Council Member/Commissioner Johnson left the Council/Commission
meeting.
01/22/2008
Council Member/Commissioner Baxter Excused
At 5:50 p.m., Council Member/Commissioner Baxter left the Council/Commission
meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
City of San Bernardino v. San Bernardino Stampede, et al. - San
Bernardino Superior Court Case No. SCVSS 137723;
Diamond Concessions, Inc. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. CIVSS 700129;
Danuta Tuszynska v. City of San Bernardino - San Bernardino Superior
Court Case No. CIVSS 705138;
City of San Bernardino Municipal Water Department v. United States
Department of the Army, et al. - United States District Court Case No.
CV 96-8867 MRP (JGx) consolidated with CV 96-5205;
Jane Batey, et al. v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 141503.
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:
City of Riverside v. City of San Bernardino Municipal Water Dept.
Inland Communities Corp. v. City of San Bernardino, et al. (Paradise
Hills)
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9: 1 Case
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Appointment
Interim Executive Director of Economic Development Agency
2 01/22/2008
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
G.
Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Assistant City Attorney Easland announced that the following additional items
would be discussed in closed session:
Under Agenda Item No. 1A, Existing Litigation:
Desrochers v. City of San Bernardino - San Bernardino Superior Court
Case No. SCISS 141192 and United States District Court Case No.
EDCV 06-1408;
Under Agenda Item No. 1B, Significant Exposure to Litigation:
Arrowhead Country Club Area Residents v. City of San Bernardino
Under Agenda Item No. 1C, Initiation of Litigation:
One (1) additional case.
Closed Session Announcement
Mayor/Chairman Morris announced that during closed session the Council had
approved the appointment of Emil Marzullo as the Interim Director of the Economic
Development Agency.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel 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 Irene Kinney, who for 24 years served as the Executive Assistant to
Ernest Dowdy, Director of the San Bernardino Employment and Training Agency; and
Evelyn Pinckert "Pinky" Brier, who was the first female flight instructor in the country
and with her husband, Joe Brier, operated the Tri City Airport.
3 01/22/2008
Invocation/Pledge of Allegiance
The invocation was given by Deacon John Barna of Our Lady of the Assumption
Church, followed by the pledge of allegiance, led by Maya Wilcots of Anderson
School.
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Appointment - Summer Beasley - Youth Advisory Commission - Cajon
High School Appointee - Mayor Morris
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the appointment of Summer Beasley to the
Youth Advisory Commission, as requested by Mayor Morris, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Proclamations & Presentations
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name
Barbara Goldsworthy
Regina Guerrero
Jorge Carlos
Cheryl Weeks
Laszlo Fogassy
Israel Sandoval
Ray Barba
Announcements
Department
City Clerk
City Clerk
Common Council
Common Council
Development Services
Information Technology
Police
Years of Service
10
20
20
10
25
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.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
4 01/22/2008
3
7
The motion
Commissioner
McCammack.
carried by
s Estrada,
Nays: None.
Council Minutes
the following vote:
Baxter, Brinker,
Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the minutes of the following
meetings of the Mayor and Common Council/Community Development
Commission of the City of San Bernardino be approved as submitted in
typewritten form: October 15, 2007; November 19, 2007; and December 18,
2007.
The motion
Commission
McCammack.
carried by
rs Estrada,
Nays: None.
Claims & Payroll
the following vote:
Baxter, Brinker,
Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated January 3,
2008, from Barbara Pachon, Director of Finance, be approved.
The motion
Commission
McCammack.
carried by
rs Estrada,
Nays: None.
8. Personnel Actions
the following vote:
Baxter, Brinker,
Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the personnel actions, as
submitted by the Chief Examiner, dated January 16, 2008 in accordance with
Civil Service rules and Personnel policies adopted by the Mayor and Common
Council of the City of San Bernardino, be approved and ratified.
The motion
Commission
McCammack.
carried by
rs Estrada,
Nays: None.
the following vote:
Baxter, Brinker,
Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
5
01/22/2008
9. RES. 2008-13 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the hiring of Arias & Lockwood to represent
the City and any designated employee regarding the case entitled Luisa
Maravilla v. Deanna Marie Crosby, Shawni Yvonne Ton -Loy, City of San
Bernardino, County of San Bernardino, Superior Court Case No. CIVSS
707097.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-13 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2008-14 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a professional services
agreement between Arias & Lockwood and the City of San Bernardino for
legal services in the case of Justin Ryan Golding v. City of San Bernardino, et
al., San Bernardino Superior Court Case No. CIVSS 700791.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-14 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2008-15 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an agreement with the San
Bernardino Black Culture Foundation for financial assistance from the
Civic and Promotion Fund for FY 2007/08.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted; and
that the Mayor and Common Council authorize direct funding in the amount of
$4,500 and indirect funding in the amount of $20,431 be transferred from the
2007/08 Civic and Promotion Fund to various City departmental accounts as
listed in the Staff Report dated January 8, 2008, from Fred Wilson, City
Manager; and authorize a waiver of fees and use of City personnel and
equipment to assist with the 2008 Black History Parade scheduled for February
2, 2008.
6 01/22/2008
The motion carried and Resolution No. 2008-15 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
12. Authorization for the Director of Development Services to execute Contract
Change Order No. One to the contract with Grand Pacific Contractors, Inc.
for construction of ADA access ramps and sidewalk at various locations,
Phase VII - 2005/06 (SS-B), per Project Plan No. 11501
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Development
Services be authorized to execute Change Order No. One in the amount of
$34,672.19 to the contract with Grand Pacific Contractors, Inc., for
construction of ADA access ramps and sidewalk at various locations, Phase VII
- 2005/06 (SS-B), per Project Plan No. 11501.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2008-23 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Pro Tech Engineering
Corporation for the installation of traffic signals & street improvements at
Palm Ave. and Irvington Ave (TC06-06), per Project Plan No. 12219.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized to
amend the FY 2007/08 budget by transferring $53,500 from Account No. 263-
483-5504-7486 (TC04-31), Little Mountain Drive and 48' Street Traffic Signal,
to Account Nos. 263-483-5504-7661 and 250-370-5504-7661 (TC06-06), Palm
Avenue and Irvington Avenue Traffic Signal; and that said resolution be
adopted.
The motion carried and Resolution No. 2008-23 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2008-24 - Resolution of the City of San Bernardino authorizing and
directing execution of a license and agreement with American Sports
University for encroachment of six (6) overhanging canopies for outdoor
dining at 360 W. Court Street, San Bernardino, CA 92401.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
7 01/22/2008
Resolution No. 2008-24 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2008-16 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Building Inspection Services Reimbursement
Agreement with Stater Bros. Markets related to the corporate office and
Norton Distribution Center.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-16 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2008-17 - A Resolution of the Mayor and Common Council of the City
of San Bernardino declaring its intention to authorize the annexation of
territory generally located at Belmont Avenue and Olive Avenue
(Annexation No. 5) to Community Facilities District No. 1033, and adopting
an annexation map showing the territory of Annexation No. 5.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Development
Services and the City Clerk be authorized to proceed under Chapter 2.5, Part 1,
Division 2, Title 5 of the Government Code of the State of California, as
amended, with Community Facilities District No. 1033 Annexation No. 5 for
Tentative Tract No. 17396, located southerly of Belmont Avenue, and easterly
of Olive Avenue (APN 0266-152-08); and that said resolution be adopted.
The motion carried and Resolution No. 2008-17 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
17. RES. 2008-18 - Resolution of the City of San Bernardino approving an
agreement for professional design services with Hall & Foreman, Inc. for
realignment of an existing I-215 freeway frontage road generally between
Little League Drive and Dement Street, including preliminary
environmental review and acquisition of right-of-way, which may include
decertification of existing operating State R/W (SS07-29).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted; and
that the Director of Finance be authorized to amend the FY 2007/08 budget by
deleting Project SS07-29 from the 1/2-Cent Sales and Road Tax Fund in the
8 01/22/2008
amount of $497,700 (Account No. 129-367-5504-7732) and budget Project
SS07-29 in the Street Construction Fund in the amount of $297,700 with
funding for the project being transferred from the EDA Loan Debt Service Fund
(Fund 308).
The motion carried and Resolution No. 2008-18 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
18. RES. 2008-25 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute an agreement
for energy conservation measures with Western Allied Corporation for
HVAC units at the Central Police Station.
Council Member/Commissioner McCammack expressed concern that no
Request for Proposal (RFP) had been issued for this project. She questioned
how staff could know that no other vendor could provide equipment compatible
with the equipment currently being used at the Police Department, or whether
another vendor could do the job for less money, since there had been no Request
for Proposal.
Discussion ensued regarding the scope of the project, the need for specific
compatible equipment, the cost of the project, and the fact that issuing an RFP
at this late date could prolong the project well past the limited timeframe in
which to complete the project prior to the hot weather of summer.
Ms. McCammack asked the Mayor and City Manager for help in providing the
Council members with backup information and materials in a more timely
manner ahead of the time the Council must make its decisions.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2008-25 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2008-19 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the City Manager to execute Amendment No. One
to the agreement with Securitas Security Services USA, Inc., dated August
20, 2007, for security guard services at City libraries.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
9 01/22/2008
Resolution No. 2008-19 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2008-20 - Resolution of the City of San Bernardino amending
Resolution No. 6413, section Thirteen, Temporary/Part-time Employees,
entitled in part "A Resolution... establishing a basic compensation plan..."
by updating information codifying prior council actions.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-20 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. Establishment of salaries for Fire Department Ranges P-5, P-6 & P-7,
effective August 1, 2007
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the salaries for Fire Department
Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be
established, effective August 1, 2007; that the Human Resources Department be
directed to amend Resolution No. 6429 to reflect the above action; and that the
Director of Finance be authorized to amend the FY 2007/08 budget by
increasing the Fire Department General Fund budget for Charter 186 costs by
transferring $117,900 from the General Government budget, Account No. 001-
092-5011, to the appropriate Fire Department Divisions budget accounts.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2008-26 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase in the amount of $417,334 to the
purchase order to Nelson Paving and Grading Corporation (NPG), and
authorizing the City Manager to execute a vendor services agreement with
NPG for paving repairs to parking lots at City parks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Director of Finance be
authorized to amend the FY 2007/08 budget by transferring $33,000 from
Account No. 243-363-5504-7753 (Parking Lot Resurfacing - Blair,
Littlefield/Shultis, Perris Hill and Wildwood) to Account No. 243-363-5504-
7444 (Resurface Parking Lots - Meadowbrook, Nicholson, Anne Shirrell's,
10 01/22/2008
Encanto and Speicher Parks); and transferring $44,000 from Account No. 243-
363-5504-7266 (Nunez Parking Lot Resurfacing) to Account No. 243-363-5504-
7723 (Highland Little League - Resurface Parking Lot); and that said resolution
be adopted.
The motion carried and Resolution No. 2008-26 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
23. RES. 2008-27 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Letter of
Agreement with KaBOOM! for a community -build playground to be
constructed at Lytle Creek Park.
Council Member/Commissioner McCammack stated that due to liability issues
she would be voting "no" on this matter.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-27 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson.
Nays: Council Member/Commissioner McCammack. Absent: None.
24. RES. 2008-21 - 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 Fairview Ford of San Bernardino pursuant to
Section 3.04.010-B3 of the Municipal Code for the purchase of three 2008
Ford F-350 flat bed trucks, to be utilized by the Public Services and Parks
Departments.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-21 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. RES. 2008-22 - 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 Fairview Ford of San Bernardino pursuant to
Section 3.04.010-B3 of the Municipal Code for the purchase of one 2008
Ford F-450 Aerial Manlift Truck, to be utilized by the Public Services
Department Street Division.
11 01/22/2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-22 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. City Attorney Memo on Parolee Housing dated January 7, 2008
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he lives in
a County pocket and expressed concern that many of the parolees will be
zooming in on these pockets. He also questioned how long it would take to
license these homes.
Anthony Garacci, 966 N. Crescent Avenue, San Bernardino, CA, advised that
3,000 inmates are getting ready to be released and approximately 20 percent of
those currently on parole are due to get off. He stated that the City missed the
boat several years ago when they passed up the opportunity to provide a job
training program for parolees.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Brinker, that the memo dated January 7, 2008, from
Henry Empeno Jr., Senior Deputy City Attorney, be received and filed.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. Initiation of a Development Code Amendment for fencing and residential
refuse enclosures in high wind areas
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that Development Services staff be directed to
initiate an amendment to the Development Code to include standards for fencing
and residential refuse enclosures for high wind areas.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. Agreements to jointly fund federal and state representation services by and
between the City of San Bernardino, City of San Bernardino Water
Department, and the Economic Development Agency; and resolutions
authorizing the City Manager to execute services agreements with
Innovative Federal Strategies, LLC, and Platinum Advisors
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RES. 2008-28 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement to jointly fund
the consulting services of Platinum Advisors and Innovative Federal
Strategies by and between the City of San Bernardino, the Board of Water
Commissioners of the City of San Bernardino, and the Community
Development Commission of the City of San Bernardino. (28A)
RES. CDC/2008-1 - Resolution of the Community Development Commission
of the City of San Bernardino authorizing the execution of an agreement to
jointly fund the consulting services of Platinum Advisors and Innovative
Federal Strategies by and between the City of San Bernardino, the Board of
Water Commissioners of the City of San Bernardino, and the
Redevelopment Agency of the City of San Bernardino. (28B)
RES. 2007-29 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a services
agreement with Platinum Advisors for State representation services. (28C)
RES. 2008-30 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a services
agreement with Innovative Federal Strategies, LLC for federal
representation services. (28D)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolutions A through D, be adopted.
Mayor and Common Council Resolution Nos. 2008-28, 2008-29, and 2008-30,
and Community Development Commission Resolution No. CDC/2008-1 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: None.
29. An Ordinance of the City of San Bernardino adding Chapter 9.93 to the
San Bernardino Municipal Code and establishing administrative civil
penalties for violations of the Municipal Code. FIRST READING
(Continued from November 19, 2007)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of March 17, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13 01/22/2008
30. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute the Memorandum of
Understanding between the County of San Bernardino and the City of San
Bernardino for the Operation Phoenix Eastern Area. (Continued from
January 7, 2008)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of February 4, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. Resolutions authorizing the purchase of a "CrimeView Enterprise" police
tactical mapping solution from The Omega Group located in San Diego,
California and necessary computer hardware from Zunesis, Inc. of
Centennial, Colorado. (Continued from January 7, 2008)
RES. 2008-31 - Resolution of the City of San Bernardino authorizing the
execution of an agreement and issuance of a purchase order for the
purchase of a "CrimeView Enterprise" Police Tactical Mapping Solution
from the Omega Group located in San Diego, California. (31A)
RES. 2008-32 - Resolution of the City of San Bernardino authorizing the
execution of an agreement and issuance of a purchase order for the
purchase of supporting computer server hardware for a "CrimeView
Enterprise" Police Tactical Mapping Solution from Zunesis, Inc. of
Centennial, Colorado. (31B)
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, questioned why this
equipment was necessary and whether it was really going to benefit the people
in the neighborhoods.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A and B, be adopted.
Resolution Nos. 2008-31 and 2008-32 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
14 01/22/2008
32. RES. 2008-33 - 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). (Continued from January 7, 2008)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2008-33 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris, Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney
Calkins, City Clerk Clark, Economic Development Agency Executive Director Pacheco
and Special Counsel Sabo. Absent: None.
R33. Amendment No. 1 to the Arrowhead Central Credit Union 2005 Disposition
and Development Agreement (Central City South Redevelopment Project
Area). (Continued from January 7, 2008)
RES. CDC/2008-2 - 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. 1 to the 2005 Disposition and
Development Agreement by and between the Arrowhead Central Credit
Union and the Agency (Central City South Redevelopment Project Area).
Warner Hodgdon, 405 E. Arrowhead Road, San Bernardino, CA, original
developer of the San Bernardino baseball stadium, provided an overview of the
stadium project from its inception in 1994 to the present. He submitted copies
of several documents regarding the stadium, the most recent being a
memorandum dated January 17, 2008 to Jim Morris, regarding the Council
Meeting of January 7, 2008, Agenda Item No. R30. Mr. Hodgdon expressed
concern that the office project proposed by the Arrowhead Credit Union would
preclude any further development prospects for the baseball stadium; and that it
had always been the plan to expand the 5,000 fixed seats to 10,000 fixed seats
during Phase II of the project.
15 01/22/2008
David W. Moore stated that he has been a consultant with RTK Consulting,
Commercial Real Estate, for 30 years in this area of the Inland Empire. He
advised that Arrowhead Credit Union has been involved in this project for over
three years, and they had looked at several sites in this immediate area before
determining that the baseball site would be the best suited location. He stated
that they went through a tremendous amount of due diligence with the City staff
and County public records, looking at every recorded document that is in the
public record, and none of what Mr. Hodgdon presented was anything that was
on the title —nothing that affected the basic overall conceptual plan. He stated
that Arrowhead closed escrow in good faith with the City in September 2007,
and they have been proceeding all this time in good faith; and all they are asking
at this juncture is that the Commission approve the amendment at hand so they
can proceed with the entitlement provisions of the documentation through the
Department of Development Services here in the City of San Bernardino. He
concluded by stating that it is a good plan, a good project, and it will benefit the
city.
Maggie Pacheco, Executive Director of the Economic Development Agency,
stated that according to her records there was a conceptual plan presented in
1995; however, in 1996 the Community Development Commission rescinded
that concept. She stated that never during the past ten years has there been any
discussion relative to expanding the stadium. She stated that it was still staffs
recommendation that the Commission approve the amendment to the Arrowhead
Central Credit Union 2005 Disposition and Development Agreement.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2008-2 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley,
McCammack. Nays: None. Absent: Council Member/Commissioner
Johnson.
R34. RES. 2008-34 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a modification to the boundaries of the
conditionally designated San Bernardino Valley Enterprise Zone.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-34 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley,
McCammack. Nays: None. Absent: Council Member/Commissioner
Johnson.
16 01/22/2008
R35. Amendment to the Economic Development Agency's Fiscal Year 2007/08
Budget
RES. 2008-35 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, approving a Cooperative Agreement by and
between the Economic Development Agency ("Agency") and the City of San
Bernardino ("City") and authorizing the City Manager of the City to
execute that certain Cooperative Agreement. (R35A)
RES. CDC/2008-3 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving an amendment to the
Economic Development Agency's ("Agency") fiscal year 2007-2008 Budget
to allow for Tax Increment Fund balance carry-over funds and salary
savings to be used for eligible fiscal year 2007-2008 one-time City
expenditures and approving and authorizing the Executive Director of the
Agency to execute that certain Cooperative Agreement by and between the
Agency and the City. (R35B)
RES. CDC/20084 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the Economic
Development Agency's ("Agency") analysis and determination of the
appropriateness of the planning and administration expenditures of the
Low -and Moderate -Income Housing Fund for the Fiscal Year 2007-2008
Agency Budget. (R35C)
Council Member/Commissioner Kelley pointed out that on page 3 of the Staff
Report from Maggie Pacheco, dated January 14, 2008, it indicated that
approximately $7 million was left in the carry-over Tax Increment Fund, and he
asked what exactly those funds could be used for.
Ms. Pacheco responded that you would have to look at precisely where the
funds have been generated, because they come from various redevelopment
project areas. Specifically, those tax increment funds can be used for land
acquisition, infrastructure incentives, business incentives, job creation, Agency
operations —the kinds of things that the Commission is doing today, as long as
they can make the appropriate findings.
Mr. Kelley asked if facilities could be included in the list. Ms. Pacheco
answered that capital improvements are something that could be funded through
tax increment —the question is whether they should be and what type of facility
it is; and that is something they should look at closely at the time they are
considering funding a particular capital improvement —whether it is a
community facility or park improvement —those are items that can be funded
through tax increment.
17 01/22/2008
Council Member/Commissioner Brinker stated that when this matter was first
discussed, he suggested looking at the businesses on South "E" Street. He
stated that he has been approached by several of the business owners on South
"E" Street who are preparing to spend their own money to upgrade their
facilities. He stated that it was still his hope that the Commission could quickly
come back to discuss that specific area.
Council Member/Commissioner Estrada pointed out that they had started out
with over $9 million, and now there is less than $8 million. She implored her
colleagues not to authorize anymore expenditures of that money until such time
as the Commission has gotten together and made a determination on how it is
going to be used. She implored the Mayor and his staff to please refrain from
bringing anymore requests before the Commission until this decision has been
made.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that the Community Development Commission
of the City of San Bernardino, California, forgive the Agency's Verdemont
Loan Receivable, plus all accrued interest, due from the City of San Bernardino;
and that said resolutions A-C, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2008-35
and Community Development Commission Resolution Nos. CDC/2008-3 and
CDC/2008-4 were adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley,
McCammack. Nays: None. Absent: Council Member/Commissioner
Johnson.
36. Public Comments
Bridgette Washington, Labor Relations Representative, San Bernardino Public
Employees Association, 433 N. Sierra Way, San Bernardino, CA, stated that
over two months ago she had spoken to this Council regarding employees in the
Refuse Division. Since that time there have been numerous safety concerns and
purported management abuse of authority. She stated that the employees have
been very patient, but the situation has gone on much too long. She asked what
it was going to take for change and to hold these individuals accountable.
The following Refuse Division employees spoke regarding their concerns
relative to accidents, safety issues, training, pressures and threats from
management, and various other items. They stated that they have been asking
for help, but nobody is saying or doing anything to help them.
18 01/22/2008
Charles Greenwood;
Jake Romero, 5854 N. Louise, San Bernardino, CA;
David Maynus.
City Manager Wilson advised that a Labor/Management Committee had been set
up, and that he was committed to sitting down with these people and their
management to resolve these issues.
Some of the Council members expressed doubt that a meeting with both groups
at the same time would be effective, and it was suggested that one member of
the Council sit in on the meeting. This person would not be there to speak, but
to observe and help the Council understand the problem.
Council Member/Commissioner Estrada volunteered to sit on the committee,
stating that she thought the Council should direct the City Manager to bring a
report back at the earliest possible time.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA spoke regarding the
decline of the stock market and the domestic economy and offered suggestions
on how to try and combat this downturn.
37. Adjournment
At 6:17 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, February 4, 2008, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 37
No. of Hours: 4.5
RACHEL G. CLARK
City Clerk
By: � e.
Linda E. Hartzel
Deputy City Clerk
19 01/22/2008