HomeMy WebLinkAbout04-07-2008 Jt. Reg Mtg 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 Vat Johnson
Wendy McC,ammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 7, 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 1:35 p.m., Monday, April 7, 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, Brinker,
Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley Arrived
At 2:06 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission
meeting.
Council Member/Commissioner Baxter Excused
At 7:55 p.m., Council Member/Commissioner Baxter left 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):
04/07/2008
ren Williams v. Cil
States District Court Case No. CV 07-00511 VAP
ides Williams; Vanessa
a minor; Shanell Will
a minor; the Estate of
Officer Steve Carriza
Court Case No. CIVSS 800797;
Jason Kine - United
- San Bernardino
Warren v. City of San Bernardino & Sergeant G
hates District Court Case No. ED CV 08-0072 VAP
James Lewis v. C
Bernardino Sheriff's Department,
Bernardino Superior Court Case No.
Schulke -
San Bernardino, San
!w Lozano - San
Steve G. Desrochers, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. 141192;
Cora Constructors, Inc. v. City of San Bernardino Municipal Water
Department - San Bernardino Superior Court Case No. CIVSS 803484;
Danuta Tuszynska v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. CIVSS 705138;
Robert Wiles v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 0701165 VAP (Opx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9:
One Case
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
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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:
Central City North Redevelopment Project Area
1. Property Address: 450 North "E" Street
APN: 0134-121-24
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director on behalf of the Redevelopment
Agency, Scott Bailey on behalf of
CinemaStar Luxury Theaters, Inc., and Mike
Ross on behalf of SB 20, LLC
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman advised that the following additional items would be
discussed in closed session:
Under Agenda Item No. 1A, Existing Litigation:
San Bernardino, Common Council
of the City of San Bernardino, et al. - United States District Court Case No.
CV08-01881 GAG (OPx);
Under Agenda Item No. 1B, Significant Exposure to Litigation:
An issue that arose regarding Agenda Item No. 39.
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 Merle Francis "Buzz" Farren, longtime businessman in the City of San
Bernardino who owned Atlas Inland Moving and Storage until he retired in 1987, and
was a member of the San Bernardino Chamber of Commerce and the City's Civil Service
Board; and Reverend Gertrude Whetzel, who worked with the Meals on Wheels
program, ministered to young people at Juvenile Hall, founded an inter -racial, inter-
denominational fellowship called Family -to -Family Fellowship, and is probably best
3 04/07/2008
known for her efforts in having the Martin Luther King, Jr. statue built outside City
Hall.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Joel Alvarado of the Rock Church and World
Outreach Center, followed by the pledge of allegiance, led by Jose Mercado, a student at
Ramona Alessandro School.
2. Appointments
A. A. Jay Munoz - Planning Commission - Mayor Morris
B. Richard McInnis - Historical Preservation Commission - Mayor Morris
C. Mark Ocegueda - Community Development Citizen Advisory Committee -
Mayor Morris
D. Lance Duff - Alternate - Planning Commission - Mayor Morris
E. Andree Robinson -Neal - Historical Preservation Commission - Council
Member Derry
F. Velia Marquez - Fine Arts Commission - Council Member Estrada
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the appointments A-F, as requested by
Mayor Morris, and Council Members Derry and Estrada, 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
Mayor Morris presented a Resolution of Commendation to Carlos Giralt
Cabrales, Consul of Mexico, in appreciation of his five years of dedicated service
to the residents of San Bernardino and congratulating him on his recent promotion
to Deputy General Director of Consular Services in Mexico City.
Mayor Morris presented a Resolution of Commendation to Michael J. Gallo,
President and Chief Executive Officer of Kelley Space and Technology, Inc., in
appreciation of his two years of service as President of the San Bernardino Area
Chamber of Commerce Board of Directors.
Mark Norton, Water Resources and Planning Manager for the Santa Ana
Watershed Project Authority, gave a PowerPoint presentation entitled, "One
Water, One Watershed: Responding to a Crisis," describing the coalition's plan
to clean up watershed in the counties of Orange, San Bernardino, and Riverside.
4 04/07/2008
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. 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.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino, be approved as submitted in typewritten form: March 3,
2008.
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 March 13, 2008, 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.
5 04/07/2008
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Interim Chief Examiner, dated April 2, 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 carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9. Set a public hearing for Monday, April 21, 2008, at 4:00 p.m. in the City
Hall Council Chambers to discuss the adjustment of various user fees and the
establishment of new user fees
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that a public hearing be set for Monday, April
21, 2008, at 4:00 p.m. in the City Hall Council Chambers to discuss the
adjustment and establishment of various user fees.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
10. RES. 2008-86 — Resolution of the Mayor and Common Council of the City of
San Bernardino in support of the Men and Women in Law Enforcement and
Blue Ribbon Week.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-86 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. ORD. MC-1266 — An Ordinance of the Mayor and Common Council of the
City of San Bernardino, California amending the San Bernardino Municipal
Code adding Chapter 15.26 entitled Single -Family Rental Property Inspection
Program. FINAL READING (Continued from March 17, 2008)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted.
6 04/07/2008
Ordinance No. MC-1266 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. RES. 2008-87 - Resolution of the City of San Bernardino objecting to the
May 2008 tax sale of properties with City assessments.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-87 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2008-88 - 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 between Industrial Parkway and Cajon Boulevard,
southeasterly of Palm Avenue (Annexation No. 6) to Community Facilities
District No. 1033, and adopting an annexation map showing the territory of
Annexation No. 6.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, 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. 6 for property consisting
of an industrial development (DP II No. 07-17), located on the southwesterly side
of Industrial Parkway, southeasterly of Palm Avenue (APN 0266-041-39); and
that said resolution be adopted.
The motion carried and Resolution No. 2008-88 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2008-89 - Resolution of the City of San Bernardino establishing fair
market value of certain real property located on Boyd Street, north of
Cluster Street, commonly known as Assessor's Parcel Numbers 0136-05145
and 0136-051-52, relative to the expansion of the City Yards, authorizing said
purchase and authorizing and directing the execution of a Sales and Purchase
Agreement; and repealing Resolution No. 2008-39.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
7 04/07/2008
Resolution No. 2008-89 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2008-90 — Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Cajon
Boulevard and Glen Helen Parkway area without compliance with the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931;
declaring its intention to proceed to order work within the district, to be
known as Assessment District No. 1064; preliminarily approving the
Engineer's Report and giving notice of a public hearing.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a landscape maintenance assessment district in the Cajon
Boulevard and Glen Helen Parkway area, to be known as Assessment District No.
1064; and that said resolution be adopted.
The motion carried and Resolution No. 2008-90 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
16. Item Deleted
17. RES. 2008-93 — Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution... designating certain
streets, or portions thereof as through highways..." and establishing a four-
way stop at the intersection of Rialto Avenue and Meridian Avenue.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
Staff advised that because there were safety considerations, it was recommended
that a four-way stop be placed at this location in the interim until a traffic signal is
installed.
Deputy City Attorney Grider advised that this was a liability issue due to the fact
that there have been several accidents and one fatality at this intersection. She
encouraged the Council to approve this item at this time.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
8 04/07/2008
Resolution No. 2008-93 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: Council Member/Commissioner Brinker. Absent: None.
18. RES. 2008-91 — Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Tract Map No. 17695, located
on the southwest corner of 48* Street and "E" Street in the RS, Residential
Suburban Land Use District, accepting the public dedications as set forth on
said map; and authorizing execution of the standard form of agreement for
the improvements in said subdivision, with time for performance specified.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-91 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. Resolution of the Mayor and Common Council authorizing the execution of a
contract between the City of San Bernardino and the County of San
Bernardino for Public Health Nursing Services in the Operation Phoenix
Target Areas.
Joe Ortiz, 387 W. 25" Street, San Bernardino, CA, spoke in opposition to the
proposed program.
Council Member/Commissioner McCammack stated that she was under the
impression that the County would be paying for this and that they were going to
reimburse the City $98,000. However, after checking with Finance, she was told
that $30,600 of this would be coming from Measure Z funds, $9,000 from
County NIP reimbursement funds, and $6,300 from General Fund dollars. She
stated that she was completely confused in that the City would not only be paying
for the public health nurse, but would also have to reimburse the County $45,877
for these services.
Kent Paxton, Assistant to the Mayor, stated that the $98,000 came from Third
District Supervisor Hansberger and was designated for the Eastern Operation
Phoenix Area. He stated that there is $9,000 out of that funding source
specifically for the public health nurse in the east.
Mayor/Chairman Morris stated that these were two separate items. One was a
reimbursement for the services of the public health nurse and the other was a
contribution by the County for a series of initiatives in the eastern district that
encompass not only the City, but also the County islands in the eastern district.
9 04/07/2008
Mr. Paxton stated that when the Council approved this last November, they broke
up programming according to the central, western and eastern areas. Attached to
that staff report was a draft Memorandum of Understanding proposed by the
County of San Bernardino wherein it stated that the County had agreed to provide
$98,000 in cash funding for programming, $381,555 for increased police services
for five deputy sheriffs and one sergeant, and $65,000 for additional Code
Enforcement resources for the unincorporated County islands in and around the
eastern area.
Council Member/Commissioner Derry asked where the funding for the public
health nurse came from last year.
Mr. Paxton stated that they had an in -kind nurse last year, but they found that
there was a need for general public health nursing to deal with any situation they
encountered in the target areas, and that was when the County indicated that they
would need funding to continue to work with us. Mr. Paxton stated that they
have an excellent nurse practitioner who came out of retirement and is
volunteering her time in anticipation of this contract being approved.
Council Member/Commissioner Derry asked why they were being asked to re -
approve this item if it was in the budget they approved last November.
Mr. Paxton stated that it has taken a number of months for County counsel to
prepare the contract, so the City Council is being asked to approve the
authorization of the execution of the contract between the City and the County for
those public health nursing services.
Council Member/Commissioner Brinker stated that the Operation Phoenix budget
was passed last November, the public health nurse began working and it has taken
until April to get the contract from the County to pay the nurse for the work that
has been done, and will continue to be done throughout the remainder of this
fiscal year. Mr. Paxton stated that that was correct.
Council Member/Commissioner Brinker asked if the City needed to reimburse
Public Health today for those services. Mr. Paxton stated that that was his
recommendation.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Baxter, Johnson. Nays: Council Members/Commissioners
Brinker, Derry, Kelley, McCammack. Abstentions: Council Member/
Commissioner Estrada. Absent: None.
10 04/07/2008
20
RES. 2008-92 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Memorandum of
Understanding between the City of San Bernardino and its Police
Department and California Highway Patrol for assistance with major crimes
at State buildings.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-92 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2008-94 - 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 Ariel General Contractor for the demolition and
resurfacing of locker room showers in an amount not to exceed $46,775.49.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
City Manager Wilson stated that this repair is necessary in order to eliminate the
concern among Police Department staff of the potential spread of bacteria.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2008-94 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2008-95 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Amendment No. 1 to the
Vendor Service Agreement and increase Purchase Order Number 301361 in
the amount of $52,000 with Zumar Industries, Inc., for the purchase of
traffic signs.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
City Manager Wilson stated that this item consists of $28,000 to replace signs
damaged in recent wind storms, $7,500 for signage in two pilot areas for street
sweeping, and $26,000 to address sign needs throughout the City.
11 04/07/2008
Council Member/Commissioner McCammack stated that she did not see where
the City asked any other local vendors to bid on this item.
Randy Kuettle, Street Superintendent, stated that they are currently in their
second year contract with Zumar Industries. He stated that it was bid out two
years ago and they renewed this year through Fiscal Year 2007/08 to have a
contract with this particular company. He added that there was no increase to the
contract or the materials being purchased.
Joe Ortiz, 387 W. 25' Street, San Bernardino, CA, spoke about three historical
marker signs that were removed by the City in November. He stated that one of
the three missing signs was replaced in December, and he was told that the other
two signs would be replaced in February.
Council Member/Commissioner Kelley stated that the reason for replacing those
historical marker signs that Thelma Press helped create was because they were
made out of wood and were deteriorating and would be replaced with metal signs.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2008-95 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. RES. 2008-96 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an amendment and issuance of a
purchase order in the amount of $90,500 by exercising the final year renewal
option with Guzman Construction Company for the repair of sidewalks,
curbs, gutters, and cross gutters at various locations throughout the City of
San Bernardino.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
City Manager Wilson stated that about $50,000 of this was restricted funds, but
$30,000 of it was General Fund dollars to be used for repairs to damaged curbs,
cross gutters and sidewalks.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2008-96 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12 04/07/2008
24. Item Deleted
25. RES. 2008-97 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and increase to
Purchase Order Number 208278 by $20,000 to Chaparral Concrete Company
pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of
additional concrete materials.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
City Manager Wilson stated that this was the concrete for the repairs discussed in
Agenda Item No. 23.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-97 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2008-98 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement amendment and
increase to an annual purchase order to McCray Enterprises of San
Bernardino for medium and heavy-duty equipment and truck repair,
including purchase of various related parts for the City's fleet.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
City Manager Wilson stated that this is an increase to a purchase order to allow
our Fleet Division to repair Refuse trucks for the remainder of this fiscal year.
Council Member/Commissioner Brinker stated that last year they paid for and
received an audit of all City departments and there were a number of
recommendations for the Fleet Department. He asked if there were ways the City
could save some money.
City Manager Wilson stated that for the most part the City has implemented the
majority of the recommendations contained in that management audit as it relates
to the Fleet Division. He stated that there are a few that are outstanding, but in
many cases those that remain to be done would improve efficiency, but would
ultimately cost additional money.
13 04/07/2008
Council Member/Commissioner McCammack 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 Fleet and IWM
Division budgets as discussed in the Staff Report dated March 20, 2008, from
Ken Fischer, Director of Public Services, to reflect the additional $30,000 in
service and parts costs.
The motion carried and Resolution No. 2008-98 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
27. RES. 2008-99 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and increase to an
annual purchase order with two single year renewal options to United
Transmission Exchange of San Bernardino for heavy-duty truck transmission
service, repair and exchange for the City's fleet.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
City Manager Wilson stated that funding for all of the Fleet items would be
coming from the Fleet fund, which is an internal service fund.
Council Member/Commissioner McCammack 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 Fleet and IWM
Division budgets as discussed in the Staff Report dated March 20, 2008, from
Ken Fischer, Director of Public Services, to reflect the additional $17,100 in
outside vehicle maintenance costs.
The motion carried and Resolution No. 2008-99 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
28. RES. 2008-100 — 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 in the amount of $73,750 for the remainder of FY 07-08
and $295,000 per year for every year thereafter, with three (3) one-year
extensions at the City's option between the City of San Bernardino and Amni
Systems, Inc. for lift station maintenance and repair services.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
14 04/07/2008
City Manager Wilson stated that funding for this item would be coming from the
Fleet fund.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2007/08 adopted Public
Services budget and transfer $73,750 for the remainder of FY 2007/08 and
$295,000 per year for every year thereafter, from the Unappropriated Sewer
Fund Balance into Account No. 132431-5505, Other Professional Services.
The motion carried and Resolution No. 2008-100 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
29. RES. 2008-101 - 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 B-3 of the Municipal Code for the purchase of one 2008 F450 4x4
Crew Cab Utility Truck to be utilized by the Fire Department.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
City Manager Wilson stated that this is a multi -purpose truck for hauling and
moving equipment, but it is primarily equipped to tow the Technical Rescue
Trailer to incidents and training, and will be purchased using Community
Development Block Grant (CDBG) funds.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-101 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
30. RES. 2008-102 - 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 B-3 of the Municipal Code for the purchase of twenty-seven (27)
2008 Ford Crown Victoria Police Interceptors utilized by the Police
Department; 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.
15 04/07/2008
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
City Manager Wilson stated that each year the City purchases its vehicles from
the Ford factory, so this is the allotment of vehicles for the Police Department to
replace existing black and whites for the upcoming fiscal year. He added that last
year they purchased 42 Crown Victorias, and this year the request is for only 27.
Council Member/Commissioner Brinker stated that the City audit recommended
that 7 units be purchased for this year, yet this request is for 27.
Council Member/Commissioner McCammack stated that the audit was prepared
prior to the hiring of the additional officers.
Council Member/Commissioner Brinker asked how many vehicles could be
repaired as opposed to buying new vehicles.
Don Johnson, Fleet Manager, stated that in the past they have tried to put police
vehicles on a higher mileage cycle and replace them at 100,000-110,000 miles,
but what happens in those cases is that the maintenance cost almost doubles. He
stated that these 25 vehicles are actually replacements and two are additional
vehicles that were recommended in the hiring plan. Mr. Johnson stated that the
Management Partners review actually suggested the purchase of 6 additional
vehicles for last year's hiring plan. He stated that these 25 vehicles are actually
replacements for existing cars that are in the fleet right now that during the course
of next year will reach the 90,000 mile cap and will be taken out of patrol use and
will be sent to Code Compliance until they reach 130,000-140,000 miles, then
they will be sent to auction.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2008-102 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: Council Member/Commissioner Brinker. Absent: None.
31. RES. 2008-103 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amendment and increase
to an annual purchase order with two single year renewal options to HREM
Inc. for the manufacture and repair of hydraulic cylinders and supplies to be
utilized by the Public Services Department Fleet Division.
Council Member/Commissioner Estrada asked if Agenda Item Nos. 31 through
37 could be considered simultaneously because they are all to be funded out of the
Fleet fund.
16 04/07/2008
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
City Manager Wilson stated that they can't spend any more money without
Council authorization to purchase the equipment.
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 Fleet and IWM
Division budgets as discussed in the Staff Report dated March 25, 2008, from
Ken Fischer, Director of Public Services, to reflect the additional $11,000 in
service and parts costs.
The motion carried and Resolution No. 2008-103 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
32. RES. 2008-104 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and increase to
an annual purchase order with two single year renewal options to HREM
Inc. for the fabrication and repair of refuse truck bodies and floors to be
utilized by the Public Services Department Fleet Division.
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 Fleet and IWM
Division budgets as discussed in the Staff Report dated March 13, 2008, from
Ken Fischer, Director of Public Services, to reflect the additional $25,100 in
outside service costs.
The motion carried and Resolution No. 2008-104 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
33. RES. 2008-105 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and increase to
an annual purchase order to Kaman Industrial Technologies for Gates hoses,
hydraulic fittings and bearings for the City's heavy equipment fleet to be
utilized by the Public Services Department Fleet Division.
17 04/07/2008
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 Fleet, Street
Sweeping, and IWM Division budgets as discussed in the Staff Report dated
March 25, 2008, from Ken Fischer, Director of Public Services, to reflect the
additional $5,000 in costs of materials and supplies.
The motion carried and Resolution No. 2008-105 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
34. RES. 2008-106 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and increase to
an annual purchase order, with three single year renewal options, to Drake
Supply Company of Fontana for unity spotlights, Target Tech strobes and
light bars, and miscellaneous electrical supplies for the City's fleet.
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 Fleet, IWMD
and Police Department budgets as discussed in the Staff Report dated March 13,
2008, from Ken Fischer, Director of Public Services, to reflect the additional
$10,000 in costs of materials and supplies.
The motion carried and Resolution No. 2008-106 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
35. RES. 2008-107 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and increase to
an annual purchase order, with three single year renewal options, to Haaker
Equipment Co. for Elgin sweeper parts and Vactor sewer truck parts, to be
utilized by the Public Services Department, Fleet Division.
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 Fleet, Street
Sweeping, and Sewer Line Maintenance budgets as discussed in the Staff Report
dated March 25, 2008, from Ken Fischer, Director of Public Services, to reflect
the additional $10,100 in costs of materials and supplies.
The motion carried and Resolution No. 2008-107 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
18 04/07/2008
36. RES. 2008-108 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and increase to
an annual purchase order with three single year renewal options to
Diversified Truck Center for specific autocar chassis truck parts to be
utilized by the Public Services Department, Fleet Division.
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 Fleet and IWM
Division budgets as discussed in the Staff Report dated March 25, 2008, from
Ken Fischer, Director of Public Services, to reflect the additional $10,100 in
costs of materials and supplies.
The motion carried and Resolution No. 2008-108 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
37. RES. 2008-109 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and increase to
an annual purchase order, with three single year renewal options, to
American Rotary Broom Co. Inc. for rewound main and gutter sweeper
brooms, to be utilized by the Public Services Department, Fleet Division.
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 Fleet, and Street
Sweeping budgets in the Refuse Fund as discussed in the Staff Report dated
March 25, 2008, from Ken Fischer, Director of Public Services, to reflect the
additional $10,100 in costs of materials and supplies.
The motion carried and Resolution No. 2008-109 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
38. Resolutions authorizing increases to contract Purchase Order No. 08-062 in
the amount of $176,000 to Matich Corporation and contract Purchase Order
No. 08-063 in the amount of $22,000 to Pavement Recycling Systems, Inc. for
street repairs
RES. 2008-110 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Contract Purchase Order
Number 08-062 in the amount of $176,000 to Matich Corporation pursuant to
Section 3.04.010 B-3 of the Municipal Code for additional street paving
services. (38A)
19 04/07/2008
RES. 2008-111 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Contract Purchase Order
Number 08-063 in the amount of $22,000 to Pavement Recycling Systems,
Inc. pursuant to Section 3.04.010 B-3 of the Municipal Code for additional
cold planing services, labor and equipment rental for City street repairs.
(38B)
Deputy City Attorney Grider stated that the City Attorney had a conflict with this
issue due to the fact that the Matich Corporation has donated funds to his City
Attorney campaign. She advised that Mr. Sabo had reviewed the item.
Council Member/Commissioner Brinker questioned the necessity of this
expenditure this fiscal year due to the City's budget situation.
Council Member/Commissioner McCammack stated that since these are restricted
funds and they borrowed the infrastructure bank loan at a very low interest rate,
this is an excellent way to get the streets paved without having to take the entire
amount from the General Fund.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolutions A&B, be adopted.
Resolution Nos. 2008-110 and 2008-111 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
39. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an amendment and increase to Contract
Purchase Order #08-070, with three single year renewal options, to Applied
LNG Technologies pursuant to Section 3.04.010 B-3 of the Municipal Code
for the purchase of LNG fuel.
Submitted into the record was a letter dated April 7, 2008, addressed to Fred
Wilson, City Manager, from Chad Lindholm, Regional Manager of Clean
Energy, explaining their concerns with the solicitation process, evaluation, and
the recommendation that was before the Council. Also submitted into the record
was a document from Clean Energy dated February 5, 2008, entitled,
"Comprehensive Liquefied Natural Gas Supply and Station Maintenance
Services."
20 04/07/2008
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be placed on the Ways and Means
Committee agenda as a matter that arose subsequent to the posting of the agenda;
that the City Manager be authorized to purchase LNG fuel for the refuse fleet for
an amount not to exceed $50,000; and that the matter be continued to the
Council/Commission meeting of April 21, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
40. An Ordinance of the City of San Bernardino adding Chapter 8.02 to the San
Bernardino Municipal Code and adopting, by reference, San Bernardino
County Code Chapter 14 of Division 3 of Title 3, relating to the inspection
grading of food establishments. FIRST READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the proposed Ordinance which adopts the
San Bernardino County Ordinance requiring the posting of letter grade ratings for
food establishments be considered for adoption at a noticed public hearing at the
Council meeting on May 5, 2008, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
41. Item Deleted
42. RES. 2008-114 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
5 to Contract 02-1166 A-5 with the County of San Bernardino Public Health
Department, accepting the proposal amount of $55,000 for the period of July
1, 2007 through June 30, 2008, and ratifying any action taken between July
1, 2007, and the date that this resolution is adopted. (Continued from March
17,2008)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-114 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21 04/07/2008
43. RES. 2008-115 - Resolution of the Mayor and Common Council of the City
of San Bernardino accepting a Federal Economic Development
Administration Grant for street improvements to Cajon Boulevard.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-115 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
44. Item Deleted
45. Public hearing - formalization of a Red Light Camera Photo Enforcement
System Policy and expansion of the existing Traffic Signal Violation System
Resolution of the City of San Bernardino formalizing a Red Light Camera
Photo Enforcement System Policy and authorizing an amendment to the
Lease and Services Agreement with Nestor Traffic Systems, Inc., to expand
the existing Traffic Signal Violation System.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of April 21, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
46. Public hearing - resolution ordering the vacation of a portion of Crescent
Avenue between Huff Street and College Drive
RES. 2008-112 - Resolution of the City of San Bernardino ordering the
vacation of a portion of Crescent Avenue between Huff Street and College
Drive and reserving public utility easements therein.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
22 04/07/2008
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; that the Findings of
Fact, as set forth in the staff report from the Director of Development Services,
as to why the portion of Crescent Avenue between Huff Street and College Drive
is no longer necessary for public street purposes, be adopted; and that said
resolution be adopted.
The motion carried and Resolution No. 2008-112 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
47. Public hearing - resolution ordering the vacation of a portion of Pear Street,
north of Walnut Street and east of Mt. Vernon Avenue and reserving public
utility easements
RES. 2008-113 - Resolution of the City of San Bernardino ordering the
vacation of a portion of Pear Street, north of Walnut Street and east of
Mount Vernon Avenue and reserving public utility easements therein.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the hearing be closed; that the
Findings of Fact, as set forth in the staff report from the Director of Development
Services, as to why the portion of Pear Street, north of Walnut Street and east of
Mount Vernon Avenue is no longer necessary for public street purposes, be
adopted; and that said resolution be adopted.
The motion carried and Resolution No. 2008-113 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
48. Council Committee Assignments for the period 2008 - 2010
Legislative Review Committee
Redevelopment Committee
Esther Estrada, Chairwoman
Chas Kelley, Chairman
Dennis Baxter
Dennis Baxter
Tobin Brinker
Rikke Van Johnson
Rikke Van Johnson - Alternate
Wendy McCammack - Alternate
Personnel Committee
Ways & Means Committee
Wendy McCammack, Chairwoman
Wendy McCammack, Chairwoman
Tobin Brinker
Neil Derry
Neil Derry
Rikke Van Johnson
Chas Kelley - Alternate
I Esther Estrada, Alternate
23 04/07/2008
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the recommended Council Committee
assignments be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: Council
Members/Commissioners Brinker, Derry. Absent: None.
49. An Ordinance of the City of San Bernardino adding Chapter 8.61, repealing
Section 8.60.140, and amending Section 8.60.150 of the San Bernardino
Municipal Code regarding fireworks. FIRST READING (Continued from
March 17, 2008)
Deputy City Attorney Grider advised that the City Attorney's office declined to
sign this item because of an unsettled legal issue. She stated that they have asked
the Attorney General for an opinion on this matter, but have not yet received it.
Hank Mitchell, 3766 Belmont, San Bernardino, CA, requested that additional
patrols be added and that they be given authorization to issue citations to anyone
discharging fireworks in the Verdemont area.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption.
Council Member/Commissioner Johnson thanked the Legislative Review
Committee for bringing this item forward; however, he felt they had not gone far
enough and advised that he would not vote for this until all fireworks are banned
throughout the entire City.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays:
Council Member/Commissioner Johnson. Absent: None.
50. Establish administrative civil penalties for violations of the Municipal Code
(Continued from March 17, 2008)
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 (50A)
RES. 2008-116 - Resolution of the Mayor and Common Council of the City
of San Bernardino directing the disposition of Administrative Civil Penalties
collected pursuant to San Bernardino Municipal Code Chapter 9.93 for
violations of the San Bernardino Municipal Code. (50B)
24 04/07/2008
Deputy City Attorney Grider advised that the City Attorney's office declined to
sign this item as they are waiting for a written opinion from the Attorney
General. She stated that the City Attorney's office would be coming back with an
amendment to Chapter 9.92, which is the Administrative Citation ordinance, in
order to make it consistent with this ordinance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption; and that said resolution be adopted.
The motion carried and Resolution No. 2008-116 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
51. RES. 2008-117 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a First Amendment to Lease
of Property from Union Pacific Railroad Company to the City of San
Bernardino. (Continued from March 17, 2008)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-117 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
52. ORD. MC-1267 - Ordinance of the City of San Bernardino amending Title 2,
"Administration and Personnel," of the San Bernardino Municipal Code by
adding Chapter 2.01 "Mayor Pro-Tempore" and amending Chapter 2.76
"Council Committees" to add Section 2.76.040 "Senior Council Member"
and Section 2.76.050 "Assignment of Committee Members and Designation
of Committee Chairpersons." FINAL READING (Continued from March 17,
2008)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said ordinance be adopted.
Ordinance No. MC-1267 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Johnson, McCammack. Nays:
Council Members/Commissioners Brinker, Derry, Kelley. Absent: None.
53. Request from the San Bernardino City Unified School District for a
determination of consistency with the City General Plan for development of
the site proposed for Wilson II Elementary School. (Continued from March
19, 2008)
25 04/07/2008
Resolution of the Mayor and Common Council making certain imdings and
determinations pursuant to Government Code Section 65402 with regard to
General Plan conformity for a proposed elementary school site (Wilson H
Elementary School.)
Deputy City Attorney Grider advised that City Attorney Penman had a conflict
with this issue due to the fact that his wife is a member of the school board. She
stated that Mr. Sabo would be handling the item.
Dr. Arturo Delgado, Superintendent, San Bernardino City Unified School
District, 777 N. "F" Street, San Bernardino, CA, stated that even though they
have seen a decline in enrollment, the number of school facilities has not been
able to keep pace with the growth; consequently, many elementary schools have
been converted to multi -track schools. He stated that they have been working to
obtain funds that will help alleviate overcrowding and create neighborhood
schools where students will not have to be bused, parents can participate in the
educational process, students will not be required to cross busy, major streets,
and schools can become single-track schools.
Teresa Parra, School Board President, San Bernardino City Unified School
District, 777 N. "F" Street, San Bernardino, CA, stated that they had been asked
by the taxpayers to address overcrowded schools, unsafe school routes,
decreasing busing, and discontinuing year -around schools.
Danny Tillman, School Board Vice -President, San Bernardino City Unified
School District, 777 N. "F" Street, San Bernardino, CA, spoke about eminent
domain and relocation assistance.
John Peukert, Assistant Superintendent, Facilities Operations, San Bernardino
City Unified School District, 777 N. "F" Street, San Bernardino, CA, made and
submitted into the record a PowerPoint presentation titled, "Wilson II Proposed
Elementary School, Presentation to the City Council," dated April 7, 2008.
Council Member/Commissioner Johnson stated that he understood that out of the
40 homes that were to be removed, 30 people decided to support Wilson II
Elementary School moving in.
Mr. Peukert stated that purchase agreements were requested by 30 of the 40
residents, and of those 30 residents they have 19 that are already signed. He
stated that all 40 homes were appraised before the downturn in the market and
those residents would benefit from the fact that their homes were appraised at a
higher level and they would be able to purchase a replacement house at a lower
value.
26 04/07/2008
Council Member/Commissioner Estrada asked Terri Rahhal to briefly summarize
her objections, if any, to this project.
Terri Rahhal, City Planner, stated that a key point in time for the project was
August 1, 2005, when the City Council considered making a finding of
conformity with the General Plan for the school site and returned a determination
to the district that the site did not conform to the City's General Plan. Ms.
Rahhal stated that it is within the district's purview to proceed with the project
because they can, with two-thirds majority vote of the school board, continue
with the project despite the City Council's determination on General Plan
conformity.
Ms. Rahhal stated that the resolution before the Council was prepared after the
March 17 meeting of the Council where staff had presented the concerns that led
to their recommendation that the item be found not to conform to the General
Plan and they've been laid out in the resolution to document the reasoning behind
that recommendation. She stated that the main concerns outlined in the resolution
include public safety issues in locating the proposed elementary school adjacent to
an existing middle school with the older children and also the proximity to
Highland Avenue and that particular neighborhood not being recommended as a
location for an elementary school. Ms. Rahhal stated that there are impacts to
local circulation with regard to the proposed vacation of 251, Street, between "G"
and "F," in that it does make a greater distance between Highland and the next
available cross street, which is 261h Street.
Ms. Rahhal stated that the School District's Environmental Impact Report (EIR)
acknowledged the impact on potential cultural resources in the neighborhood and
whether or not the homes have been designated historic. She stated that no
applications have been made to the State to officially designate any of those
homes as historic, but the studies that have been conducted by the district's
consultants have identified 29 of the 40 homes as potentially being eligible for
such a designation, and the fact that such a large majority of the homes are
potentially historic makes the neighborhood itself potentially eligible to be
designated as a historic district.
Ms. Rahhal stated that another land use impact has to do with breaking up the
existing neighborhood. She stated that this neighborhood is an existing
neighborhood of homes that have withstood the test of time and have remained in
good condition over the years. She stated that the four reasons that are laid out in
the resolution document staffs recommendation to the Council to make the
finding that the proposed acquisition of this area for the construction of Wilson II
Elementary School would not conform to the General Plan. Ms. Rahhal stated
that that is not to say that staff does not acknowledge the great need that exists in
the district because there certainly is such a need. She stated that it is unfortunate
that we're faced with such facilities needs in the City and that the ultimate sites
that have been selected and rejected were not the best alternate sites to consider.
27 04/07/2008
She stated that the City has policies in its General Plan that support providing
schools throughout the community and other General Plan policies regarding
conservation of the integrity of existing neighborhoods and conservation of
potentially historic resources, and the Council's decision will be to determine
which policies outweigh the others on this particular site.
Council Member/Commissioner Estrada asked what were the potential legal
ramifications if the Council were to go against the General Plan.
Special Counsel Sabo advised that the Council could take no action, approve the
item, or they could decide by a motion, based upon the evidence submitted, that
they find it is in conformity.
Council Member/Commissioner Estrada asked if they would be subjected to
potential litigation if they did this.
Mr. Sabo stated that if they adopt the resolution, the school district could still go
ahead, with five affirmative votes of the board, and overrule this and proceed
with the project. He stated that as far as liability, what he was attempting to do
was to give the Council what he thought was consistent with the direction that this
item had been going for the last three years. Mr. Sabo stated that it was a policy
decision because they had heard evidence as to how this could be in conformity
and they have the history of why staff believes it is not in conformity.
Council Member/Commissioner McCammack stated that when she and Mr.
Wilson discussed the five- or ten-year housing plan that was presented to the City
Council at the joint workshop in November 2004, they looked at 12 or 18
potential school sites and she saw the intended location for Wilson II Elementary
School, but there were no alternative sites at that time. She stated that she had
suggested to Mr. Wilson that they needed to ask the school district to look at
some alternative sites, and that the two alternative sites had been chosen by her —
not the school district.
Council Member/Commissioner McCammack asked if each family was provided
a copy of the appraisal on their homes.
Mr. Peukert stated that they were not.
Biron R. Bauer, 765 N. Mountain View, San Bernardino, CA, submitted into
the record and discussed a list of comments/questions dated April 7, 2008.
28 04/07/2008
The following individuals spoke in support of the proposed project:
FIdencio Macias, 2561 N. Berkeley Avenue, San Bernardino, CA, submitted into
the record a list of home owners and residents who support the proposed Wilson
II Elementary School project;
Michael Heister, 2512 N. Berkeley Avenue, San Bernardino, CA;
Reverend David Starr, 264 W. 14' Street, San Bernardino, CA;
Ivan Agayo, 1068 W. 10' Street, San Bernardino, CA;
Elizabeth Piolla, 625 W. 2511 Street, San Bernardino, CA; and
Kathleen Olguin, Arrowhead and 251" Street, San Bernardino, CA.
Terry Tao with Atkinson Andelson, Cerritos, CA, legal counsel for the School
District, stated that the resolution did not contain a lot of discussion as to what the
General Plan is supposed to do with regard to schools. He stated that the
question is whether the project is incompatible/inconsistent with the General Plan
and it was his understanding that school properties are designated PF, Public
Facilities.
Mr. Tao stated that the potential sites and locations for Public Facilities other than
the ones that are already Public Facilities are designated in the General Plan only
as existing facilities. He stated that there are no future facilities planned;
therefore, no matter what goes in, it would be inconsistent with the City's
General Plan. So the issue is, with the vagueness associated with the General
Plan language, the City has left the door open for not being able to find
consistency with the General Plan simply because there are no other properties
designated as Public Facilities.
The following individuals spoke in opposition to the proposed project:
Imogene Bless, 2780 N. "G" Street, San Bernardino, CA;
Ruben Lopez, 2648 Valencia, San Bernardino, CA;
Marion Knight, 759 W. 26th Street, San Bernardino, CA;
Gail Bernor, 2572 N. "F" Street, San Bernardino, CA;
Grace Braun, 2502 N. "F" Street, San Bernardino, CA;
Aliza Hynes, 697 W. 271" Street, San Bernardino, CA;
Steven Harte, 2485/2495 "F" Street, San Bernardino, CA;
Cynthia Buttram, 2636 N. "G" Street, San Bernardino, CA;
Ross Bangle, 2648 N. "G" Street, San Bernardino, CA;
Gary Strand, 2572 N. "F" Street, San Bernardino, CA; and
Joe Ortiz, 387 W. 25' Street, San Bernardino, CA.
Council Member/Commissioner McCammack voiced her concerns about the
location of the school, the appraisal process and the value of the homes in the
subject area, the loss of tax base, and traffic.
29 04/07/2008
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that Special Counsel Sabo be directed to prepare
a resolution that makes findings for consistency with the City's General Plan and
objectives; and that the matter be continued to the Council/Commission meeting
of April 21, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley. Nays: Council Members/
Commissioners Baxter, Johnson, McCammack. Absent: None.
54. Item Deleted
55. Workshop on Fiscal Year 2007/08 Mid -Year Budget Report (Continued from
March 19, 2008)
Submitted for the record was an interoffice memorandum, dated April 3, 2008,
which was addressed to the Mayor and Common Council from Fred Wilson, City
Manager, entitled "Information for Budget Workshop - April 7, 2008."
City Manager Wilson stated that at the budget workshop held on March 19, 2008,
the Mayor and Council approved the following motions:
1. That all issues regarding Measure Z be referred back to the Measure Z
Citizens Oversight Committee;
2. That the FY 2007/08 Mid -year budget be sent back to the Budget Ad Hoc
Committee for further discussion and a more in-depth review in an effort to
cut non -necessities; and
3. That the City Manager be directed to have the Finance Department prepare a
complete listing of all expenditures by department and by account number for
the period of July 1, 2007 to present, to be used by the Budget Ad Hoc
Committee at their upcoming meeting.
Mr. Wilson added that they solicited suggestions from City employees, which
were provided as Attachment A to the report (green pages). In addition, on
March 25, 2008, the Ad Hoc Committee met and discussed additional concepts to
close the budget gap and asked staff to prepare information that was included as
Attachment B (pink pages); and on Tuesday, March 1, 2008, the Measure Z
Oversight Committee met to consider staffs recommendation and the committee
recommended approval of the plan for the current fiscal year.
Mr. Wilson stated that on April 2, 2008, staff met with representatives of the
General and Mid -Management Employee Associations to brief them on the budget
situation and start the dialog on how to address it, and they were given copies of
30 04/07/2008
the proposed deficit reduction measures for the current year and further meetings
were scheduled in that regard.
Mr. Wilson stated that information was provided by the Economic Development
Agency regarding the impact of the proposed budget cuts on the Agency and was
provided as Attachment D in the backup (yellow pages).
City Manager Wilson stated that four recommended motions were contained in
the backup for discussion.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Brinker, that the Fiscal Year 2007/08 Mid -Year Budget
Report, be received and filed;
That the Director of Finance be authorized to amend the FY 2007/08 budget and
increase the Fire Department's overtime budget (001-202-5015) by $500,000,
increase the Police Department's overtime budget by $200,000, and to also
increase the corresponding mutual aid revenue reimbursement budget (001-000-
4619) by $700,000 to reflect the costs and reimbursement associated with
increased mutual aid responses and FEMA reimbursable events;
That the Director of Finance be authorized to amend the FY 2007/08 budget and
increase the City Attorney's outside litigation budget (001-051-5503) by $92,000,
increase the litigation expenses account (001-051-5177) by $24,000, and increase
the corresponding "sale of property" revenue budget (001-000-4922) by $188,000
to reflect the costs of additional outside attorney fees and the sale of city property;
and
That the list of options to reduce the current year deficit, as outlined on
Attachment E to the Interoffice Memorandum dated April 3, 2008, from City
Manager Fred Wilson, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Baxter.
Also submitted into the record was a letter addressed to Mike Billdt, Chief of
Police, dated March 27, 2008, from Gary S. Penrod, San Bernardino County
Sheriff, regarding the possibility of providing air patrol support to the City of San
Bernardino.
Mayor/Chairman Morris asked if there were any other proposed savings that
could be achieved to reduce the deficit from this remaining quarter of the fiscal
year.
31 04/07/2008
Discussion ensued regarding the possibility of voluntary/mandatory furloughs for
all City employees for the remainder of this fiscal year; temporarily replacing the
contract helicopter with the Sheriff's helicopter and/or sharing the service and
cost of the helicopter with surrounding cities; dipping into the City's General
Fund reserves; offering golden handshakes and golden parachutes; reducing the
number of take-home vehicles by City employees; extending hours of operation of
City Hall; charging business and residential customers for false alarms for both
fire and burglary; transferring unspent Operation Phoenix dollars; establishing
fines for those who park their vehicles on the street on days when the street
sweepers are in use; initiating voluntary graffiti removal wherein each
neighborhood would clean up their own graffiti; placing cell towers in parks
throughout the City; and collecting the Utility User's Tax from residents in the
County islands.
City Manager Wilson recommended that the Budget Ad Hoc Committee meet in
the next week in order to discuss additional strategies and budget balancing
measures for the current fiscal year.
56. City County Conference Meeting -- Oral Report from Council Member Rikke
Van Johnson
Council Member/Commissioner Johnson presented a brief report. No action was
taken.
COMMUNITY DEVELOPMENT COMMISSION
Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Deputy City Attorney Grider,
City Clerk Clark, Economic Development Agency Interim Executive Director Marzullo
and Special Counsel Sabo. Absent: None.
R57. RES. CDC/2008-13 — Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a demolition contract by and between the
Agency and Dakeno, Inc., for the demolition of Agency properties located at
795 and 770 West 5' Street, San Bernardino (Downtown Mixed -use Project —
Central City North Redevelopment Project Area).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2008-13 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32 04/07/2008
58. Public Comments
Rebekah Lopez, P.O. Box 2023, San Bernardino, CA, submitted into the record
and discussed an article published in the El Chicano Weekly, dated March 27,
2008 - April 3, 2008, regarding the "Truth about Joe Baca."
Reverend Reggie Beamon, 1730 W. Gilbert, San Bernardino, CA, stated that he
works for Congressman Baca, admires him for the work he does, and respects the
way he raises his children. Rev. Beamon announced that the Financial Literacy
Women's Conference would take place on April 21, 2008, from 8:00 a.m. to
11:30 a.m., in the Library Viewing Room at Valley College.
Jeff DeF 111pes, 275 E. 28' Street, San Bernardino, CA, spoke about the large
number of reckless drivers in the City of San Bernardino and stated that drivers
who do not possess a valid driver's license should be cited.
Joe Ortiz, 387 W. 25' Street, San Bernardino, CA, spoke about an editorial in
The Sun regarding the idea that top City officials should take a five percent pay
cut. He stated that the San Bernardino Police Department should not give up
their Measure Z money.
Paul W. Sanborn, 3559 Genevieve, San Bernardino, CA, stated that many
people are coming to the City to do work and are not getting the proper permits —
are not getting City licenses —and then they leave town. He submitted into the
record and discussed two articles regarding the City's budget and graffiti.
59. Adjournment
At 9:27 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, April 21, 2008, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
No. of Items: 59
No. of Hours: 8
RACHEL G. CLARK
City Clerk
By.,Ci.�t, �,dt���
� � Linda Sutherland
Deputy City Clerk
33 04/07/2008