HomeMy WebLinkAbout04-21-2008 MinutesCITY OF SAN BERNARDINO
300 N. `D"Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick 1. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCommack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 21, 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 1:33 p.m., Monday, April 21, 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, Brinker, Derry,
Johnson, McCammack; Deputy City Attorney Grider, City Clerk Clark, City Manager
Wilson. Absent: Council Members/Commissioners Baxter, Kelley.
Council Member/Commissioner Baxter Arrived
At 1:37 p.m., Council Member/Commissioner Baxter arrived at the Council/
Commission meeting.
Council Member/Commissioner Kelley Arrived
At 1:47 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
04/21/2008
Cora Constructors, Inc. v. City of San Bernardino Municipal Water
Department - San Bernardino Superior Court Case No. CIVSS 803484;
Omnipoint Communications, Inc. dba T-Mobile v. City of San
Bernardino, et al. - United States District Court Case No. CV 08-01881
GAF (OPx);
City of San Bernardino; and the Redevelopment Agency of the City of
San Bernardino, California v. LNR San Bernardino, LLC, et al. - San
Bernardino Superior Court Case No. CIVSS 700793;
Lester Kulikoff v. City of San Bernardino - Workers' Compensation
Case Number pending.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Employee Contract:
Code Compliance Director
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization(s):
General Unit
Middle -Management
San Bernardino Confidential Management Association
Fire Fighters Local Union No. 891
San Bernardino Police Officers Association
2 04/21/2008
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area (Downtown
Acquisition Program
1. Property Address: 696 W. 5' Street
APNs: 0134-061-21, 22, 25 and 30
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as owner, and Christopher Cheng-
Chyh Ko, Bruce Cheng-Hsieh Ko and
Henry Cheng-Ju Ko, as property
owners/sellers
Under Negotiation: Purchase price, terms and conditions
Central City South Redevelopment Project Area
2. Property Address: 1355 S. "E" Street
Negotiating Parties: Jerry and Ann Atkinson, Trustees of the
Atkinson Family Trust on behalf of Center
Chevrolet, and Emil A. Marzullo, Interim
Executive Director, on behalf of the
Redevelopment Agency
Under Negotiation: Purchase price, terms and conditions
Central City Redevelopment Project Area
3. Property Address: Northwest corner of 4' and "G" Streets
APNs: 0134-093-19, 20 and 43, and 0134-
093-45
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as owner, and TELACU Housing
- San Bernardino V, as buyer
Under Negotiation: Purchase price, terms and conditions
3 04/21/2008
Deputy City Attorney Grider announced that the following additional
items would be discussed in closed session under Agenda Item No. 1B,
Anticipated litigation, significant exposure to litigation:
911 Tar/Fee Issue
Agenda Item No. 31
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/Chairman Morris extended condolences to the families and requested a moment
of silence in memory of retired Associate Justice of the State Court of Appeal F.
Douglas McDaniel, who retired in 1999 after serving 24 years on the State Court of
Appeal; and Martin Matich, who served on the Board of Matich Corporation, a
company started by his father in 1918 that has done a tremendous amount of work on
the State and Interstate highways throughout the State of California.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Fred Adams of the Rock Church and World
Outreach Center, followed by the pledge of allegiance, led by Madison Tibke, a student
at Anderson School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Mayor Morris and Council Member Baxter presented a Certificate of
Recognition to Carlos Ahnaguer, a senior at Pacific High School, who was
being recognized as Student of the Month.
Jan Dreher, Public Information Officer for SANBAG, and Annette Franco,
Public Information Office Specialist, also from SANBAG, joined Mayor Morris
in presenting checks in the amount of $6,609.19 each, to Herbert English and
Constance Henderson of the Boys and Girls Club and to Tracy Marquez of the
American Cancer Society. The funds were left -over contributions made by
various sponsors of the "Come Play on the Freeway" event held to celebrate the
opening of the 210 Freeway last year.
4 04/21/2008
n
Council Member McCammack presented Fay Aldridge with a Citizen of the
Month award in recognition of her contributions and involvement with the North
"D" Street Neighborhood Watch Group.
Mayor Morris, Council Member Brinker, Assistant to the Mayor Nick
Gonzales, and Jim Eble, president of the Valley College Neighborhood
Association, presented Certificates of Appreciation to several of the volunteers
and sponsors who participated in the KABOOM playground construction project
at Lytle Creek Park on March 29.
Garry Cohoe, Director of Freeway Construction for SANBAG, gave a
presentation on the Tippecanoe Interchange project, followed by a presentation
by Victoria Baker, also from SANBAG, on the Light Rail to Redlands project.
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
Kenneth Brander
Michael Blechinger
Randy Nolfo
Douglas Schuessler
Announcements
Department
Police
Police
Public Services
Public Services
Years of Service
25
25
20
20
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 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.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
W1
04/21/2008
6. Claims and Payroll
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 April 2,
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.
7. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the personnel actions, as
submitted by the Interim Chief Examiner, dated April 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 carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. RES. 2008-118 - 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 Dennis Jackson, et at., v. City of San Bernardino,
et al., San Bernardino Superior Court Case No. CIVSS 800797.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-118 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2008-119 - 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 Garrett Warren v. City of San Bernardino, et al.,
United States District Court Case No. EDCV 08-0072 VAP (Oft).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
6 04/21/2008
Resolution No. 2008-119 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. ORD. MC-1268 - 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. FINAL
READING (Continued from April 7, 2008)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said ordinance be adopted.
Ordinance No. MC-1268 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. Determination of Public Convenience or Necessity for an Alcoholic Beverage
Control Type 20 license (Off -sale Beer & Wine) for a Fresh & Easy grocery
store located at 1631 East Highland Avenue
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council determine
that the public convenience or necessity is served by the proposed license and
direct the Development Services Department to send a letter to the Department
of Alcoholic Beverage Control to support issuance of a Type 20 ABC License
(Off -sale Beer & Wine) for a Fresh & Easy grocery story located at 1631 East
Highland Avenue.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays:
Council Member/Commissioner Estrada. Absent: None.
12. Authorization to establish temporary angled public parking on "H" Street
between College Drive and Huff Street
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Mayor and Common Council
authorize the temporary establishment of diagonal parking on "H" Street
between College Drive and Huff Street.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7 04/21 /2008
13. Item Deleted
14. RES. 2008-120 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a lease agreement between
the City of San Bernardino and Ed and Joyce Seidner and James W.
Redfern 2002 Family Trust, for property located at 225 W. Orange Show
Lane, in San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Finance be
authorized to amend the FY 2007/08 budget by appropriating $20,000 from Fire
Development Impact Fee Funds to Account No. 262-482-5502 per the Staff
Report dated April 10, 2008, from Valerie Ross, Director of Development
Services; and that said resolution be adopted.
The motion carried and Resolution No. 2008-120 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. Item Deleted
16. Amendment No. 1 to Professional Services Agreement with Transtech
Engineers Inc. & Amendment No. 1 to the three-year Capital Improvement
Program for FY 2007-2010
RES. 2008-121 - Resolution of the City of San Bernardino approving
Amendment No. 1 to the Professional Services Agreement with Transtech
Engineers, Inc. for planning, architecture and engineering services to
prepare the Santa Fe Depot District Area Plan. (16A)
RES. 2008-122 - Resolution of the City of San Bernardino approving
Amendment No. 1 to three-year Capital Improvement Program for FY
2007-2010 for Measure "I" local expenditures. (16B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Finance be
authorized to amend the FY 2007/2008 Capital Improvements Budget by
transferring $227,200 from Account No. 129-367-5504-7202 (SS-B Construct
Accessibility Improvements at Various Locations) to Account No. 129-367-
5504-7178 (San Bernardino Santa Fe Depot Historic Renovation and Restoration
Project) in the amount of $162,200 and to Account No. 129-367-5504-7349
(Santa Fe Depot Area Planning Project), in the amount of $65,000; and that said
resolutions A&B, be adopted.
8 04/21/2008
The motion carried and Resolution Nos. 2008-121 and 2008-122 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None.
17. RES. 2008-123 - Resolution of the City of San Bernardino amending
Resolution No. 6429, entitled in part "A Resolution... establishing a basic
compensation plan for officers and/or employees of the Police and Fire
Departments of the City of San Bernardino."
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-123 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. Item Deleted
19. RES. 2008-128 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment
No. 1 to the Vender Service Agreement with Creative Contractors, and
authorizing the Director of Finance to increase Purchase Order No. 301929
in the amount of $19,690, pursuant to Municipal Code Section 3.04.010B.3,
for concrete work to be performed in conjunction with the installation of
picnic shelters at Tom Minor Park and Colony Park.
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 $4,900 from Account No. 243-
363-5504-7752 to Account No. 243-363-5504-7756; and that said resolution be
adopted.
The motion carried and Resolution No. 2008-128 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
20. RES. 2008-124 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Vendor Service
Agreements to Ewing in San Bernardino, California, and to Hydroscape in
San Bernardino, California, and authorizing the Director of Finance to
increase Purchase Order No. 208185 issued to Ewing from $24,500 to
$39,500, and to increase Purchase Order No. 208188 to Hydroscape from
$24,000 to $39,000 for irrigation parts and supplies.
9 04/21/2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Finance be
authorized to amend the FY 2007/08 budget by transferring $30,000 from
Account No. 001-381-5502 (Professional & Contractual) to Account No. 001-
382-5111 (Materials & Supplies); and that said resolution be adopted.
The motion carried and Resolution No. 2008-124 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
21. RES. 2008-125 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Vendor Service
Agreement to ICI Paints in San Bernardino, California, and the Director of
Finance to increase Purchase Order No. 208189 issued to ICI Paints from
$23,550 to $33,550 for paint supplies to be utilized by the Parks, Recreation
and Community Services Department.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-125 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2008-126 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Vendor
Service Agreement and issuance of a purchase order in the amount of
$58,578.00 to Morrison Hope Roofing, Inc. for the purchase and
installation of metal roofs on three picnic shelters located at Wildwood,
Hudson and Lytle Creek Parks, and five restrooms located at Blair, Perris
Hill, Littlefield, Encanto and Horine Parks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-126 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. RES. 2008-127 - Resolution of the City of San Bernardino authorizing the
execution of a services agreement and issuance of a purchase order to
update the Police Department's Filenet Document Imaging System from
Avrio Corporation, of El Segundo, California.
10 04/21/2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-127 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2008-129 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the 2008 Assistance to
Firefighters Grant Program on-line application to the Department of
Homeland Security in the amount of $699,330.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2008-129 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. RES. 2008-130 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment
No. 1 to Contract 07-481 A-1 with the County of San Bernardino
Department of Aging and Adult Services (DAAS), accepting the amount of
$11,051 to replace kitchen equipment at the Fifth Street Senior Center and
the Perris Hill Senior Center.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-130 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2008-131 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application and authorizing the Police Department to
administer the Alcoholic Beverage Control Grant Funds in accordance with
the Grant Expenditure Plan.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2008-131 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11 04/21/2008
27. Approval of preliminary design and location and authorization to release a
Request for Proposals for preparation of plans and specifications for the
Verdemont Community Center.
Dave Agnew, Primary Architect for David Evans Architect, gave a PowerPoint
presentation on the proposed Verdemont Community Center.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council approve
preliminary design and location of the proposed Verdemont Community Center;
and that staff be authorized to release a Request for Proposals for detailed plans
and specifications (construction drawings) for the Verdemont Community
Center.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. Fee waiver/refund for Norton Space & Aeronautics Academy for the
establishment of a charter school at the Mill Center, located at 503 E.
Central Avenue
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the Mayor and Common Council
approve the refund and waiver of development processing, permit and
inspection, and development impact fees in the amount of $10,492 (refund) and
$34,773 (waiver) for the establishment of Norton Space and Aeronautics
Academy and direct staff to return on June 2, 2008 with a reimbursement
agreement.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. RES. 2008-132 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of a proposal to provide
emergency dispatch services to the City of Rancho Cucamonga.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-132 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12 04/21/2008
30. RES. 2008-133 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with the San
Bernardino Historical and Pioneer Society for funding assistance related to
the establishment of the San Bernardino Railroad Museum.
Steve Shaw, president of the San Bernardino Historical & Pioneer Society,
P.O. Box 875, San Bernardino, CA, stated that combining early San Bernardino
history with railroad history would be a big draw to the depot and the San
Bernardino area.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2007/08 budget as indicated
in the staff report dated April 2, 2008, from D'Ann Lanning, Assistant to the
Mayor.
The motion carried and Resolution No. 2008-133 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
31. RES. 2008-134 - 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. (Continued from April 7,
2008)
Chad Lindholm, Regional Manager of Clean Energy, 3020 Old Ranch
Parkway, Seal Beach, CA, stated that at no time was there an official release of
a documented Request for Proposal, that Clean Energy was clearly the lowest
bidder for LNG fuel supply, and pointed out several purported errors in the
proposal and bidding process.
Guy Burgess, Applied LNG Technologies, 3001 Knox Street, Dallas, TX,
stated that they were the company that was originally going to be awarded the
LNG fuel and maintenance contract, and that both his company and Clean
Energy were asked to bid both the fuel and the maintenance contract together as
a package. He noted that both companies had been asked to go before the City's
Ways and Means Committee to explain their proposals, and at that meeting they
successfully proved that their company was the fuel and maintenance provider of
choice and the total low-cost bidder.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
13 04/21/2008
Resolution No. 2008-134 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. Public hearing - Resolution establishing certain fees for services furnished
by the City of San Bernardino, amending Resolution No. 96-188 and
repealing Resolution No. 2006-325
Resolution of the City of San Bernardino establishing certain fees for
services furnished by the City of San Bernardino, amending Resolution Nos.
89471, 91-148 and 96-188, and repealing Resolution No. 2006-325.
An Ordinance of the City of San Bernardino amending Section 5.04.015 of
the San Bernardino Municipal Code by adding Sub section "E" relating to
Business Registration Certificate Application processing fees. FIRST
READING
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Kelley pointed out that the item had not been
heard by the Ways and Means Committee and recommended that the matter be
referred to Ways and Means prior to action being taken by the Mayor and
Council.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be referred to the Ways
and Means Committee, to be brought back to the Council/Commission meeting
of May 5, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
33. Public hearing - formalization of a Red Light Camera Photo Enforcement
System Policy and expansion of the existing Traffic Signal Violation System
(Continued from April 7, 2008)
RES. 2008-135 - Resolution of the City of San Bernardino authorizing an
amendment to the Lease and Services Agreement with Nestor Traffic
Systems, Inc., to expand the existing Traffic Signal Violation System.
Mayor/Chairman Morris opened the hearing.
14 04/21/2008
Frank Mankin, Assistant Chief of Police, stated that two corrections relative to
the amount of the purchase order needed to be made to the resolution —that in
Section 2, the Director of Finance is authorized and directed to issue a purchase
order for an amount of $1,949,560 for FY 2008/09 and $2,249,200 for FY
2009/10. The corrected figures should be $1,982,650 for FY 2008/09 and
$2,501,760 for FY 2009/10. He advised that the City Attorney's office
concurred with these changes.
Assistant Chief Mankin advised that originally four locations were selected for
the red light cameras, and there has been a reduction in the number of accidents
over the period of time that these cameras have been in place. He advised that
further analysis had been done to see what kind of traffic situations exist
throughout the city and to examine motor safety issues.
Assistant Chief Mankin stated that the Federal Highway Administration concept
was used so that they are not only trying to get people to slow down, but they
are hoping that some education will occur in that forum. He advised that the
average daily traffic counts were taken into consideration by Traffic
Engineering, and the number of accidents —injuries and fatalities —caused by red
light violations during the time frame January 1, 2005, through December 31,
2007, was also examined. Then, a survey of red light violations was conducted
to determine the intersection's ability to be a traffic reminder and educational
tool for the volume of traffic traveling through these intersections.
He stated that the Police Department has now provided the Council with seven
additional intersections for their consideration; and should they decide to adopt
those, the costs were also contained in the report. He pointed out that if the
Council decides to expand the program the Police Department would need to
hire one additional police officer and one additional community service officer
supervisor —a civilian position —to be effective January 1, 2009, to oversee the
program, as they anticipate an increased volume of violations with the addition
of several more intersections.
Council Member/Commissioner Johnson stated that he would like to have
information regarding the type of accidents that occurred before and after the
red light cameras were placed by Nestor —were there more T-bone accidents or
more rear -end accidents prior to the cameras versus the type and number of
accidents after installation of the cameras.
Council Member/Commissioner Brinker stated that his concern was that staff
was looking at putting in these cameras as a way of solving a problem without
maybe addressing what the underlying issues really are.
15 04/21/2008
He stated that as people change their driving patterns to try and avoid these
lights, it may actually create other traffic problems in other areas, and so he
would like staff to maybe consider looking at some of these intersections for
other types of measures as opposed to going to these cameras as the first resort
as the way to reduce the number of accidents.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he thought
these cameras were just a source of money for the City.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the hearing be closed; that said
resolution, as amended, be adopted; that the Mayor and Common Council
authorize the addition of the following positions in the Traffic Bureau (Account
No. 001-217) for FY 2008/09: one (1) Police Officer ($79,274 - 6 mos.) and
one (1) Community Service Officer Supervisor ($37,662 - 6 mos.); that the
Director of Human Resources be directed to update Resolution No. 97-244
(position control) as part of adopting the FY 2008/09 General Fund budget to
reflect this particular action; and that the Finance Director be authorized to
adjust the FY 2008/09 court fines revenues budget as needed.
The motion carried and Resolution No. 2008-135 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Johnson,
McCammack. Nays: Council Members/Commissioners Brinker, Derry,
Kelley. Absent: None.
34. RES. 2008-136 - Resolution of the Mayor and Common Council making
certain Findings and Determinations pursuant to Government Code Section
65402 with regard to General Plan Conformity for a proposed elementary
school site (Wilson II Elementary School). (Continued from April 7, 2008)
The City Attorney's office declared a conflict on this item because City
Attorney Penman's wife is a member of the school board. Special Counsel Sabo
assumed the duties of legal counsel.
Terri Rahhal, Deputy Director/City Planner, stated that there was one thing that
needed to be taken into consideration when the Wilson II Elementary School
goes forward and is considered by the school board; and that is, if the Council
makes a finding of conformity with the City's General Plan, the project can be
approved with a simple majority vote of the board. However, if the Council has
not found the project to be in conformity with the City's General Plan, the
school board would need a super majority to pass the project.
16 04/21/2008
Ms. Rahhal advised that the new information cited in the resolution before the
Council at this time was based on the presentation made by the school district,
the public testimony, the extensive discussion, and the vote that was taken by
the Council at the last meeting on April 7, which directed staff to come back
with a resolution finding the project in conformity with the City's General Plan.
In other words, the finding of conformity was based on the deliberation of the
Council that was voted on at the last meeting, based on the evidence presented
at that meeting.
Biron Bauer, 765 N. Mountain View Avenue, San Bernardino, CA, questioned
the new findings, stating that they were very generic.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2008-136 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Brinker, Derry, Kelley. Nays: Council
Members/Commissioners Baxter, Johnson, McCammack. Absent: None.
35. ORD. MC-1269 - 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. FINAL
READING (Continued from April 7, 2008)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be adopted.
Ordinance No. MC-1269 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley,
McCammack. Nays: Council Member/Commissioner Johnson. Absent:
None.
36. Ordinance amending San Bernardino Municipal Code Chapter 9.92
regarding the Administrative Citation Process. FIRST READING
Note: No backup materials were submitted for this item.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of May 5, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17 04/21/2008
37. Report from the Measure Z Oversight Committee on Uses of Measure Z
Funds - April 1, 2007 through June 30, 2007
Committee Member Susan Lien Longville presented the report on behalf of the
Measure Z Oversight Committee. She verified that none of the funds were used
to supplant existing services.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the report from the Measure Z Oversight
Committee on use of Measure Z funds from April 1, 2007 through June 30,
2007, 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.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney
Calkins, Economic Development Agency Interim Executive Director Marzullo and
Special Counsel Sabo, City Clerk Clark. Absent: None.
R38. Public hearing - recommended allocations of 2008-2009 Community
Development Block Grant, Emergency Shelter, and HOME Federal Grant
Program Funds
RES. 2008-137 - Resolution of the Mayor and Common Council of the City
of San Bernardino: (1) approving the 2008-2009 Community Development
Block Grant (CDBG) appropriations in Attachment I as recommended by
the Community Development Citizen Advisory Committee; (2) approving
the 2008-2009 HOME and Emergency Shelter Grant (ESG) appropriations
noted in Attachments III and IV; (3) approving the 2007-2008 CDBG
reallocation of Program Income Funds; and (4) authorizing the Mayor to
execute and submit to HUD such documents as requested by HUD and that
the City Manager be authorized to take all necessary actions for the
execution of any contracts and/or ancillary documents to effectuate these
recommendations.
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner McCammack stated that she would need to
abstain on Line Item Nos. 25 and 28 under the Community Development Block
Grant allocations.
18 04/21/2008
Susan Lien Longville, representing Patrons of the Roosevelt Bowl, expressed
disappointment that they had not received an allocation and spoke regarding the
Farmer's Fair and Market Night activities.
Joseph Rodriguez of Gang Reduction Intervention Team ("G.R.I.T. ) provided
information on their program and thanked staff for their allocation.
Linda Pederson, 2939 Stoddard, San Bernardino, CA, St. John's Community
Center, thanked staff for the money they received last year and the allocation of
partial funding for this year.
Joseph Williams of Youth Action Project, Inc. thanked the committee for their
allocation.
Responding to inquiries from the Council, Mr. Marzullo advised that as of now
all the monies had been allocated up to the amount of the grant. However, if
the Council so desired they could change the allocations (although letters
advising of the recommended amounts had gone out to all applicants), or they
could wait until mid -year to determine if there were any unspent funds. It was
also noted that funds still available from program income and any leftover
money had been "swept" into the total fund that was allocated.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted, with the
exception of Community Development Block Grant (CDBG) Line Item Nos. 25
and 28; and that the matter be referred to the next Redevelopment Committee
meeting for further consideration.
The motion carried and Resolution No. 2008-137 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
Council Member/Commissioner McCammack left the dais.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that CDBG Line Item Nos. 25 and 28 be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
19 04/21/2008
R39. RES. CDC/2008-14 - 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 Amendment No. 1 to the 2006
Professional Services Agreement by and between the Agency and California
Property Specialists, Inc. (IVDA Redevelopment Project).
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2008-14 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
Council Member/Commissioner Estrada requested an updated map with a total
accounting of all properties acquired thus far, including an update of what the
development plan is at this point in time.
R40. RES. CDC/2008-15 - 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 the Purchase Option Agreement by and
between the Agency and TELACU Housing - San Bernardino V, Inc., a
California non-profit public benefit corporation ("Developer") (Central
City North Redevelopment Project Area).
The following individuals spoke in support of the project:
Jeanette Jackson, 451 North "H" Street, #309, San Bernardino, CA, currently
a resident in a TELACU senior development downtown;
Helen Parker, 451 North "H" Street, #323, San Bernardino, CA, who also
resides in the downtown TELACU senior complex;
Walter Johnson, Jr., Senior Affairs Commissary for the County of San
Bernardino.
Greg Villanueva, architect for the project, 21720 Allonby Circle, Yorba Linda,
CA; and Tom Provencio of TELACU, 5400 E. Olympic Blvd. #300, Los
Angeles, CA, stated that they were available to answer any questions the
Council might have.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
development process in the County of San Bernardino.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted
20 04/21/2008
Resolution No. CDC/2008-15 was adopted by the following vote: Ayes:
Council Members/Commissioners Baxter, Brinker, Derry, Kelley. Nays:
Council Member/Commissioners Estrada, Johnson, McCammack. Absent:
None.
R41. Submission of a Transit -Oriented Development ("TOD") Loan Application
to the State of California Department of Housing and Community
Development for Property Acquisition - 555 North "E" Street (Central City
North Redevelopment Project Area)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Derry, that the Community Development Commission
of the City of San Bernardino ratify the submission of an application to the State
of California, Department of Housing and Community Development in the
amount of $800,000 for the purchase of the property located at 555 North "E"
Street for the sbX Corridor Project.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Kelley.
R42. Item Deleted
R43. Public Hearing - Consent and approval of the 2008 Real Property
Acquisition Agreement for disposition of property at 247 West 3' Street to
the State of California (Central City East Redevelopment Project Area)
RES. 2008-138 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to the disposition of property located at 247
West 3'" Street, San Bernardino (APN: 0135-221-22) to the State of
California pursuant to the 2008 Real Property Acquisition Agreement
(Central City East Redevelopment Project Area). (R43A)
RES. CDC/2008-16 - 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 the 2008 Real Property Acquisition
Agreement by and between the Agency and the State of California (Central
City East Redevelopment Project Area). (114311)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
21 04/21/2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolutions A&B, be adopted.
Mayor and Common Council Resolution No. 2008-138 and Community
Development Commission Resolution No. CDC/2008-16 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
R44. 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 Loan Guarantee Agreement to Arrowhead Credit Union and to
accept the Loan Guarantee from Center Chevrolet and its principals to the
Agency (Central City South Redevelopment Project Area).
Note: No backup materials were submitted for this item.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of May 5, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCammack. Nays:
None. Absent: Council Member/Commissioner Johnson.
R45. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
illegal immigration problem.
Bill Robinson, 5405 N. Park Lane, San Bernardino, CA, announced that on
Thursday, April 24, at 9 a.m., there would be a tour of the flood basins from
Sepulveda to Waterman Canyon.
Rachel Brown of the La Rouche Political Action Committee asked the City
Council to pass a resolution in support of Federal action to revitalize the
economy.
Lewis Whilden, also of the La Rouche Political Action Committee, reiterated
Ms. Brown's comments, stating that although he would prefer that one of the
Council Members would have the courage to sponsor such a resolution, at the
very least he would like to see the item placed on the Legislative Review
Committee agenda.
22 04/21/2008
Justin Smith, 7094-G Newbury Avenue, San Bernardino, CA, stated that he
wants to start a business in San Bernardino and he needs personal assistance
from the Council members relative to communications, funding, and general
guidance.
39. Adjournment
At 10:08 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, May 5, 2008, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 39
No. of Hours: 8.5
RACHEL G. CLARK
City
pClerk
By:W"/, G
Linda E. Hartzel
Deputy City Clerk
23 04/21/2008