HomeMy WebLinkAbout07-07-2008 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Potrkk J. Morris
Council M.mben:
Esther Estroda
Dennis J. Boxter
Tobin Brinker
Neil Derry
Chos Kelley
Rille Van Johnson
Wendy McCammack
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 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 1:37 p.m., Monday, July 7, 2008, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Senior Assistant
City Attorney Wilson, City Clerk Clark, City Manager Wilson.
Absent:
None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
San Bernardino City ProfessioDal Firefil!;hters, Local 891 v. City of San
Bernardino; San Bernardino Fire Department, et aI. - San Bernardino
Superior Court Case No. CIVSS 807685;
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Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. CV 07-01027 SGL (OPX);
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Court Case No. CIVSS 708367;
Kimberly Hearns v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 03-01434 S10 (SGL); 9"' Circuit Court of Appeals
Nos. 05-56214, 05-56272, and 05-56306 and 05-56324;
Kimberly Hearns v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 05-04524 S10 (SGL).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Ne~otiator:
Linn Livingston, Human Resources Director
Employee Or~anization(s):
General Unit
Middle-Management
San Bernardino Confidential Management Association
Fire Fighters Local Union No. 891
San Bernardino Police Officers Association
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G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property Address: 1208 N. "H" Street
APN: 0145-221-09
Ne~otiatin~ Parties: Keith Williams, Acquisition Agent, on behalf
of Ca1trans, as buyer and Fred Wilson, City
Manager, on behalf of the City of San
Bernardino
Under Ne~otiation: Purchase, price, terms and conditions
2. Property Address: Vacant Lot
APN: 0147-191-12
Ne~otiatin~ Parties: Fred Wilson, City Manager, on behalf of the
City of San Bernardino, and Gerald
Crowther on behalf of Grand Council
Enterprises, Inc. , property owners!
corporation
Under Ne~otiation: Purchase price, terms and conditions
IVDA Redevelopment Project Area
3. Property Address: 1350 South "E" Street
APN: 0140-143-51
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director on behalf of the Redevelopment
Agency, and Randy Van Gelder, General
Manager on behalf of the San Bernardino
Valley Municipal Water District
Under Ne~otiation: Purchase price, terms, and conditions
Senior Assistant City Attorney Wilson announced that the following additional
items would be discussed in closed session:
Under Agenda Item No. 1A:
Eva Walker v. City of San Bernardino, et al. - San Bernardino Superior
Court Case No. CIVSS 703417;
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Under Agenda Item No. IB:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills); and
One Case
Under Agenda Item No. IC:
City of San Bernardino v. California State University
Under Agenda Item No. 10:
Discussion - Michael Miller
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 Sam Henley and Victoria Lemus.
InvocationlPledge of Allegiance
The invocation was given by Father Patricio Guillen of Libreria del Pueblo. The pledge
of allegiance was led by Councilwoman Estrada.
2. Appointments
There were no commission appointments.
3. Presentations
Mayor Morris welcomed representatives from the U.S. Environmental Protection
Agency's San Francisco office who came to honor the City of San Bernardino for
being awarded the EPA Brownfields Grant. Wayne Nastri, Regional
Administrator for EP A Region 9, stated that the City of San Bernardino has been
awarded $400,000 in grant funding to develop an inventory of potential and actual
Brownfields sites contaminated by hazardous substances and/or petroleum, to
conduct environmental site assessments, and to support community outreach
activities. He stated that a Brownfields site is defmed as an abandoned, idle, or
under-used industrial or commercial facility where expansion or redevelopment is
complicated by real or perceived environmental contamination. Mr. Nastri noted
that the goal of the EP A grant is to identify and address environmental
contamination issues so that Brownfields properties can be readied for reuse and
redevelopment.
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Councilman Kelley recognized Susana Atanasova and the Ghostine Family for
their leadership and contributions to the "50 Trees to Cool Your Summer Breeze
Event" held on June 25, 2008. Mr. Kelley commended Washington Produce for
their dedication to the affairs of the community in appreciation of the fruit boxes
provided to each team participating in the event.
Councilwoman McCammack presented the Citizen of the Month award to Lou
Costello for going above and beyond the call of duty in helping take back the
neighborhood on Arrowhead Avenue.
4. Announcements
Announcements were made by the Mayor, members of the Common Council, and
elected officials regarding various civic, community and chamber events and
activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner 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
unanimously with all members present.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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: May 19,
2008; June 2, 2008; and June 18, 2008. The motion carried unanimously
with all members present.
7. Claims & Payroll
Council Member/Commissioner Baxter 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 June 19, 2008, from Barbara
Pachon, Director of Finance, be approved. The motion carried unanimously
with all members present.
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8. Personnel Actions
Council Member/Commissioner Baxter rnade a motion, seconded by Council
Member/Commissioner Johnson, that the persounel actions, as submitted by the
Interim Chief Examiner, dated July 1, 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
nnanimonsly with all members present.
9. RES. 2008-273 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute an Animal
Control Services Agreement by and between the City of San Bernardino and
the City of Lorna Linda for the period July 1, 2008 through Jnne 30, 2011,
and ratifying any action taken between July 1, 2008 and the date that this
resolution is adopted.
Council Member/Commissioner Estrada stated that she has had concerns for some
time regarding the City's ability to deliver quality animal shelter service to its
residents because of our commitment to provide services to other cities.
Ken Childress, Director of Animal Control, responded by stating that they
currently provide full services to the cities of Lorna Linda and Fontana. He
stated that the contract with Lorna Linda is a fairly mutual exchange as far as the
services they pay for and what is provided. However, Mr. Childress indicated
that the contract with Fontana was under review relative to the services they
expect and the services we agree to provide.
Mr. Childress reported that animal control has been under-funded for years. He
stated that the facilities have not been maintained and do not meet the needs as set
forth by the State.
Council Member/Commissioner Estrada stated that the City's first responsibility
is to its residents, and while she appreciates our willingness to assist our
neighbors, if the income is not enough to meet the service and provide us with an
added benefit, then she wasn't sure we should be doing it.
Mr. Childress stated that the $70,000 Lorna Linda pays the City is significant and
offsets our budget. He stated that we can share expenses and not detract from the
residents of the City of San Bernardino. Mr. Childress stated that the contract
with the City of Fontana, however, is more complex in that the amount of service
required is more detailed and the load on the shelter is much greater. He stated
that he felt the contract with Fontana should be reevaluated.
Council Member/Commissioner McCammack asked what it would take to bring
the animal shelter up to State standards.
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Mr. Childress stated that they are currently looking into joining the County to do
a study to find out what would be the best, most economical way to address
animal control in the Inland Empire. He stated that they could downsize and
service San Bernardino ouly, but they would still have to spend a considerable
amount of money to bring the shelter up to State standards; or, they could
participate with the County and build a regional animal shelter and separate
animal control from the sheltering business. Mr. Childress stated that they do a
good job with animal control and enforcement issues; however, the care, housing,
and adoption of the animals is the area where they may not do the best job
because of the facilities and the resources that are available.
Council Member/Commissioner Estrada recommended that the issue be brought
back to the Ways and Means Committee for further discussion in terms of the
costs related to the shelter. She stated that there are some very dedicated staff
who work at the shelter and for the department, as well as those who volunteer
their time at the shelter, and she didn't think it was fair to them or to the residents
if, in fact, the City has taken on more than it can handle. She stated that she felt
this called for close examination before any discussions take place with the
County.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
the matter be referred to Ways and Means for further discussion. The motion
carried and Resolution No. 2008-273 was adopted lmanimously with all
members present.
10. RES. 2008-257 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between the City of San Bernardino and the law firm of Mundell,
Odium & Haws in the case of San Be17lflTdino City Professwnal Firefighters,
Local 891 v. City of San Bernardino, San Bernardino Fire Department, et al.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-257 was adopted unanimously with all members present.
11. Authorize the Director of Development Services to execute Contract Change
Order No. One to the contract with Nikola Corporation for Sewer
Improvements on Sierra Way from 16'" Street to 19lh Street, per Project Plan
No. 12187
Council Member/Commissioner Baxter stated that this was a 32 percent change
order to remove 7 inches of portland cement concrete that was discovered beneath
the asphalt. He asked why nobody knew it was there and whether the City
maintained a history of what's beneath the streets.
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Valerie Ross, Director of Development Services, replied by stating that their
maps may not show everything that's under the ground or even above the ground,
and in this case, they had no way of knowing because none of their records
showed that there was concrete under the asphalt. In addition, Ms. Ross stated
that the contractor encountered an unidentified drain line, which was later found
to be a pump house drain line for the San Bernardino Municipal Water
Department.
Council Member/Commissioner Baxter asked if there was a way to get a handle
on the history of what is under City streets to prevent this from happening in the
future. \
City Manager Wilson stated that some of the records from 75 to 100 years ago
are stored in a dusty archive in the City yards, so it is difficult at times to track
down the locations of some of the sewer lines.
Robert Eisenbeisz, City Engineer, stated that they worked closely with the
contractor to determine how much of the concrete had to be removed, and he felt
the City received a fair price.
Council Member/Commissioner Baxter recommended that the matter be referred
to the Legislative Review Committee in order to review the requirement of being
more aware of what's happening in the City.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the Director of Development Services be
authorized to execute Contract Change Order No. One in the amount of
$77,217.54 to the contract with Nikola Corporation for sewer improvements on
Sierra Way from 16th Street to 19th Street, per Project Plan No. 12187; and that
the matter be referred to the Legislative Review Committee for further
discussion. The motion carried unanimously. Absent: Estrada.
12. Authorization to proceed and approval of Plan No. 12456 - Proposed
vacation of a portion of "H" Street, between Huff Street and College Drive
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services and
the City Clerk be authorized to proceed with the proposed vacation of a portion of
"H" Street between Huff Street and College Drive; and that Plan No. 12456
showing the proposed vacation of a portion of "H" Street, between Huff Street
and College Drive, be approved. The motion carried unanimously with all
members present.
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13. Authorize the Director of Development Services to execute Contract Change
Order No. One with RePipe - California, Inc. for Sewer Line Rehabilitation
by Cured-in-Place Pipe (CIPP) method at two locations in Sierra Way and
one location in Northpark Boulevard (SW-E, SW07-04, SW07-OS), per
Project Plan No. 12148
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to execute Contract Change Order No. One with RePipe - California,
Inc. for sewer line rehabilitation by Cured-in-Place Pipe (CIPP) method, two
locations in Sierra Way and one location in Northpark Boulevard (SW-E, SW07-
04, SW07-05), per Project Plan No. 12148. The motion carried unanimously
with all members present.
14. Authorize the Director of Finance to amend the FY 2007/08 budget; and
authorize the Director of Development Services to execute Contract Change
Order No. One to Oak Engineering, Inc. for the installation of a traffic
signal & street improvements at Mill Street and Macy Street (TC04-01), per
Project Plan No. 10486
Council Member/Commissioner Baxter 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 $8,000 from Account No. 250-370-
5504-7338 "City Wide Traffic Signal Improvements" (TC-A) to Account No.
250-370-5504-1710 "Traffic Signal & Street Improvements at Mill Street and
Macy Street" (TC04-01); and that the Director of Development Services be
authorized to execute Contract Change Order No. One to Oak Engineering, Inc.
for the installation of a traffic signal & street improvements at Mill Street and
Macy Street (TC04-01), per Project Plan No. 10486. The motion carried
unanimously with all members present.
15. RES. 2008-258 - Resolution of the City of San Bernardino authorizing the
execution of a License Agreement with the San Bernardino Valley Municipal
Water District, for the construction of a monitoring well on City property
located at Nicholson Park.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-258 was adopted unAnimously with all members present.
16. RES. 2008-259 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment No.
3 to the Agreement for Professional Traffic Modeling Services with Srinivasa
S. Bhat.
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-259 was adopted UD..n;mously with all members present.
17. RES. 2008-260 - Resolution of the City of San Bernardino approving and
accepting the transfer of ownership and operation and maintenance
responsibilities of the abandoned Birch Street Well Building, located in Lytle
Creek Park, from the San Bernardino Municipal Water Department.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-260 was adopted nn..n;mously with aU members present.
18. RES. 2008-261 - Resolution of the City of San Bernardino authorizing
execution of Amendment No. 1 to Agreement for Services with Hilltop
Geotechnical, Inc. for geotechnical investigations and construction material
testing.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-261 was adopted un..n;mously with aU members present.
19. RES. 2008-262 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino to enter into a new
Standard Agreement with the Department of Mental Health-Patton State
Hospital.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-262 was adopted unanimously with aU members present.
20. RES. 2008-274 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance or her designee to
issue purchase orders to vendors selected under Bid Specification F-08-18 for
fire equipment.
Council Member/Commissioner McCammack abstained due to the fact that this
matter involved one of her business clients.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-274 was adopted. Ayes: Baxter, Brinker, Derry, Kelley, Johnson.
Nays: None. Abstentions: McC..mm..ck. Absent: Estrada.
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21. RES. 2008-275 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending the City's Master Fee schedule, Resolution
Number 2008-149 adjusting the Emergency Medical Services (EMS) User
Fees.
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 2008/09 budget and
increase General Fund revenue Account No. 001-000-4880 (EMS User Fees) by
$200,000 from $230,000 to a new total of $430,000. The motion carried and
Resolution No. 2008-275 was adopted. Ayes: Estrada, Baxter, Brinker,
Derry, Johnson, McCammack. Nays: Kelley. Absent: None.
22. RES. 2008-263 - Resolution of the Mayor and Common Council of the City
of San Bernardino to authorize the execution of an agreement with Fox
Occupational Medical Center for the provision of pre-employment physicals
and workers' compensation occupational injury services for the City of San
Bernardino employees, pursuant to Section 3.04.010B3 of the Municipal
Code.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-263 was adopted unanimously with all members present.
23. RES. 2008-264 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Vendor Service
Agreement and the Director of Finance to issue a purchase order in the
amount of $46,416 to Golden West Landscape Contractor for the landscape
and irrigation maintenance services for downtown facilities, parking lots,
north site facilities, south site facilities, central facilities, Carousel Mall,
medians, Arrowhead Credit Union Park and library facilities for the period
July I, 2008 through September 30, 2008, pursuant to Section 3.04.010 B-3
of the Municipal Code, and ratifying any action taken between July 1, 2008
and the date that this resolution is adopted.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-264 was adopted unanimously with all members present.
24. RES. 2008-265 - Resolution of the City of San Bernardino ratifying the
submission of the FY 2008-09 Juvenile Accountability Block Grant (JABG)
application to the California Department of Corrections and Rehabilitation
by the Police Department.
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-265 was adopted unanimously with all members present.
25. RES. 2008-266 - Resolution of the City of San Bernardino authorizing the
obligation and expenditure of the allocated FY 2008/09 Justice Assistance
Grant (JAG) Funds and execution of a JAG Interlocal Agreement between
the City of San Bernardino and County of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-266 was adopted unanimously with all members present.
26. RES. 2008-267 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of the funding request form to the
Department of Conservation, Division of Recycling for California Beverage
Container Recycling and Litter Reduction activities.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-267 was adopted unanimously with all members present.
27. RES. 2008-268 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of a grant application for the FY06/07
South Coast Air Quality Management District Mobile Source Reduction
Committee funding for Natural Gas Refuse Trucks Program to assist in the
purchase of (15) new LNG refuse trucks to be utilized by the Public Services
Department, IWM Division and authorizing the City Manager to execute a
contract accepting the grant.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-268 was adopted unanimously with all members present.
28. RES. 2008-269 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of a grant application for the FY06/07
Mobile Source Reduction Committee funding for Maintenance Facility
Modifications Program to assist in the modifications needed in order to
service and maintain LNG and CNG powered vehicles indoors at the Public
Services Department Fleet Division and authorizing the City Manager to
execute a contract accepting the grant.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-269 was adopted unanimously with all members present.
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29. Resolutions authorizing a new Contract Purchase Order Number in the
amount of $368,031 to Matich Corporation and Contract Purchase Order in
the amount of $44,000 to Pavement Recycling Systems, Inc.
RES. 2008-270 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a new Contract Purchase Order in the amount
of $368,031 to Matich Corporation pursuant to Section 3.04.010 B-3 of the
Municipal Code for street paving services. (29A)
RES. 2008-271 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a new Contract Purchase Order in the amount
of $44,000 to Pavement Recycling Systems, Inc. pursuant to Section 3.04.010
B-3 of the Municipal Code for cold plAning services, labor and equipment
rental for city street repairs. (29B)
Senior Assistant City Attorney Wilson stated that this matter had been reviewed
by Special Counsel Sabo due to the fact that the Matich Corporation has been a
contributor to Mr. Penman's campaign.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A&B, be adopted.
Resolution Nos. 2008-270 and 2008-271 were adopted unAnimonsly with all
members present.
30. RES. 2008-272 - 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 208280 by $2,600 to Crafco Inc. pursuant to Section
3.04.010 B-3 of the Municipal Code for the purchase of additional asphalt
materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-272 was adopted unAnimonsly with aU members present.
31. An Ordinance of the City of San Bernardino amending Sections 12.92.040
and 12.93.010 regarding the duty to maintain and repair sidewalks and curbs
and the participation of the City. FIRST READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be laid over for final
adoption. The motion carried unAnimously with aU members present.
32. Public hearing - Resolution imposing liens on property located within the
City of San Bernardino for uncollected bnsiness registration fees
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RES. 2008-276 - Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of San Bernardino for
uncollected business registration fees.
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner McCammack questioned whether the single
family residential inspection program should begin with this list because the same
names appear over and over. Also, she asked if they could figure out a way to
issue administrative civil penalties to the non-compliant businesses on the list.
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 City
Clerk be directed to administratively remove any properties from Exhibit A,
which have been paid prior to the hearing; and that said resolution be adopted.
The motion carried and Resolution No. 2008-276 was adopted U>>lIn;mously.
Absent: Kelley.
33. Public hearing to consider a resolution adopting updated building permit and
plan review fees (Continued from June 16, 2(08)
RES. 2008-277 - A Resolution of the City of San Bernardino adopting
updated building permit and plan review fees.
Mayor/Chairman Morris opened the hearing.
Valerie Ross, Director of Development Services, stated that the Building
Department undertook an extensive study to look at the fees charged for the
review of plans for building construction and the cost for the issuance of permits,
which also includes inspection costs. She stated that the fees had not been
updated since 1991, so the fees they collected did not come anywhere close to
covering the services they provided. With the exception of 2004/2005 and
2005/2006, which were peak years, it was costing the City more than what they
were taking in on the plan review and permit fees.
Council Member/Commissioner Kelley stated that the City missed an opportunity
to bring in additional revenue from 2004 through 2006. He stated that he didn't
think it was a good time to be increasing fees.
Ms. Ross responded by stating that the list included both increases and reductions
in fees.
No public comments were received.
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Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2008-277 was
adopted. Ayes: Estrada, Baxter, Brinker, Johnson, McCammack. Nays:
Derry, Kelley. Absent: None.
34. An Ordinance of the City of San Bernardino amending Section 15.04.080A of
the San Bernardino Municipal Code relating to buDding permit and plan
review fees. FIRST READING
Council Member/Commissioner McCanunack made a motion, seconded by
Council Member/Commissioner Estrada, that said ordinance be laid over for final
adoption. The motion carried. Ayes: Estrada, Baxter, Brinker, Derry,
Johnson, McCammack. Nays: Kelley. Absent: None.
35. An Ordinance of the City of San Bernardino repealing Sections 3.44.030 and
3.44.040 of Chapter 3.44 - Service User's Tax - of the San Bernardino
Municipal Code and amending Section 3.44.065 of said Code. FIRST
READING
Council Member/Commissioner McCanunack made a motion, seconded by
Council Member/Commissioner Baxter, that said ordinance be laid over for final
adoption. The motion carried unanimonsly with all members present.
36. Presentation and Demonstration of Diesel, the" Arson Canine"
Leanna Escamilla spoke in support of "Diesel," the Arson dog, and the Arson
Program.
Debbi Matley, 380 W. 17'" Street, San Bernardino, CA, spoke in support of the
Arson Canine Program.
No action was taken on this matter.
37A. Budget deliberations - Fiscal Year 2008/09 - discuss and take possible action
City Manager Wilson referred to an interoffice memorandum he prepared titled
"Updated Budget Reduction Plans," addressed to the Mayor and Common
Council, dated July 3, 2008.
Mr. Wilson stated that the "Budget Reduction Plan," Attachment A (purple
sheet), summarized the actions approved at the budget meeting held on June 30,
2008. He stated that concerns were expressed at that meeting regarding the
deletion of the crossing guard program and the proposed layoff list.
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The "Budget Savings options involving layoffs," Attachment A-I (blue sheet), is
the original layoff list showing the 13 proposed positions for layoff.
The "Budget Savings options involving layoffs," Revised 7/3/08, Attachment B
(pink sheet), outlined the reduction in full-time layoffs from 13 to 8, due to
retirements and moving personnel into vacant positions, and did not include the
crossing guard program. Mr. Wilson stated that a proposal to vacate three IT
positions was included; however, they were working on identifying other cuts that
would allow those three positions to remain.
Mr. Wilson explained that one of the three building inspector positions would
move into a Public Works Construction Inspector position, the second building
inspector position would be swapped for a vacant plans examiner position, and
the third building inspector would move into Code Enforcement. He stated that
the positions that were not going to be filled would remain on the books as
unfilled positions in the budget with the hope that in subsequent years they could
restore funding for some of those positions.
Council Member/Commissioner McCammack asked what effect each position
would have on the public as far as reduction in services.
Lori Sassoon, Assistant City Manager, stated that detailed information regarding
each of these proposals was contained in the packet provided to the Council at the
June 11 Council meeting. She stated that most of them would have service
impacts; however, it was their best attempt to balance the budget while
minimizing the impacts where they could.
Jim Sharer, Director of Facilities Management, stated that they currently have
one full time plumber who maintains all City restroom facilities and laying off
this position would create a backlog of deferred maintenance. He stated that
because they only have one plumber they have to use a contract plumber when
major incidents occur. He added that the minimum service charge for a contract
plumber was about $200.
Mr. Wilson stated that Attachment C (salmon sheet) was a summary of the
potential additional savings recommended by the City Manager and staff. He
reviewed each line item and stated that if the Council were to adopt them, it
would reduce the City's deficit from $7,081,700 to $3,812,300. He stated that
they had further work to do on refining the layoff list and addressing some of the
concerns.
Council Member/Commissioner McCammack asked Mr. Wilson to fmd out what
it would cost to open a fourth Operation Phoenix Center and requested that the
figure be delineated in the report.
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fY7/07/2008
Council Member/Commissioner Estrada stated that she had asked for, but had not
yet received, a breakdown by department showing their contributions relative to
reducing the deficit.
Ms. Estrada stated that they had asked that administration consider the equity of
the positions to be eliminated and the savings to be made. She stated that they
thought that the higher paid positions needed to make a greater contribution than
those people who earn minimum wage or minimum salaries as City employees,
and they don't believe that that has happened, and in her opinion, equity has not
been met. As they have said, there are no sacred cows and they need to look at
all the departments to make sure that every department makes an equitable
contribution. She stated that there are some departments, as has been stated
before, that are already bone dry and have nothing more to give, yet some of
those departments went out and still looked for ways to make more of a
contribution.
Council Member/Commissioner Derry stated that he did not feel police services
were adequate and requested that the proposal to keep six sworn police officer
positions vacant be removed from the Police Department's Reorganization listed
on Attachment C.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that the personnel cuts for six sworn positions not
be included in the Police Department's Reorganization Plan listed on Attachment
C titled, "Budget Reduction Items For Discussion," updated 7/7/08, from the
City Manager's Office. (Note: The vote was taken following further discussion.)
Police Chief Billdt reviewed the proposed reorganization of the Police
Department with the Council, which represented a savings of $653,600.
Council Member/Commissioner Baxter asked what was the Police Departments
total budget.
Chief Billdt stated that the Police Department's budget is $60 + million.
Council Member/Commissioner Baxter stated that that represented a one percent
cut. He asked how the rank and file felt about this proposal.
Chief Billdt stated that he had met with the POA president and three members of
the POA, and they all supported the reorganization.
Mayor/Chairman Morris stated that the reorganization included the personnel
aspect; however, there was a substantially higher budget savings as a result of the
reorganization.
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07/07/2008
Chief Billdt stated that the total budget savings was approximately $2.9 million.
He added that $653,000 was one component of the larger budget reduction
recommendation, a portion of which was approved by the Council at the last
budget hearing.
The motion made by Derry, seconded by Kelley failed. Ayes: Derry, Kelley,
McCammack. Nays: Estrada, Baxter, Brinker, Johnson. Absent: None.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the six sworn positions remain vacant for one
year as recommended by Chief Billdt in his budget reduction proposal.
The motion failed. Ayes: Estrada, Baxter, Johnson. Nays: Brinker, Derry,
Kelley, McCammack. Absent: None.
Council Member/Commissioner Brinker stated that when they are prepared to
come forward with a plan for how they are going to deal with library services in
the City, and when his colleagues give him a chance to talk publicly about the
City's television station instead of pushing it through to a committee, then he will
be prepared to vote on these motions. But until then, he was not ready.
Council Member/Commissioner Estrada stated that the public needs to be
prepared in that there will be less services and more inconveniences because they
are cutting departmental budgets to the bare bones. She stated that she supports
the Police Department and the Fire Department, but we cannot become a City
where the only two services we provide are Fire and Police-that is not providing
good community services to the taxpayers of this community.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that all items listed on Attachment C, titled
"Budget Reduction Items For Discussion," Updated 7/7/08, from the City
Manager's Office, be approved, except for the Police Department Reorganization.
The motion carried. Ayes: Estrada, Baxter, Brinker, Derry, Kelley,
McClImmack. Nays: Johnson. Absent: None.
City Manager Wilson stated that since no action was being taken regarding the
proposed layoffs, $1,128,000 would be added back in, for a total budget deficit
of $5,788,900.
Debbi Matley, 380 W. 17th Street, San Bernardino, CA, spoke in support of
retaining Community Service Offices in the City of San Bernardino.
John MaUey, 380 W. 17th Street, San Bernardino, CA, spoke in support of
retaining Community Service Offices and officers.
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fYl/07/2008
37B. Discuss and take possible action regarding potential ballot measures for the
November 2008 ballot
City Manager Wilson indicated that after several months of research by staff and
discussions with the Budget Ad Hoc Committee, a poll was conducted to gauge
voter opinion regarding several potential ballot measures. He stated that the
potential measures included in the poll were a quarry tax, warehouse tax,
transient lodging tax (TLT) increase, removal of the exemption from UUT for the
City of Riverside water pumping activities, and a 911 communications tax.
Mr. Wilson stated that the question was whether or not the Council wanted to
place any of the measures on the November 4, 2008 ballot. He added that the
revenue for the current fiscal year would not be very significant, but for Fiscal
Year 2009/2010, these measures would provide significant revenues that would
help the budget situation in that year and beyond.
Council Member/Commissioner Brinker asked when these items had to be ready
for the November ballot.
City Clerk Clark responded by stating that resolutions would have to be adopted
and submitted no later than August 8, 2008.
Council Member/Commissioner Brinker stated that he was interested in creating a
measure that would fund the City's libraries. He asked if it would be possible to
get one prepared by August 8. He stated that his goal was not to close the
libraries, but to substitute the funding for the library in another way, which would
free up a lot of general fund money that could then be used to deal with the issues
at hand.
Ophelia Roop, Library Director, stated that the two things that make a
referendum successful are a feasibility study, which costs a minimum of $25,000,
and a campaign manager/consultant, and they did not have the money for either
of those things. She stated that the measures received over 50 percent of the vote
in the past two elections. The first time it received 52 percent, the second time it
received almost 56 percent, and California requires two-thirds vote. Also, the
Old Fire took place during the 2003 referendum and people's minds were on
solving problems associated with the fire-not on voting.
Council Member/Commissioner Brinker stated that he believed the current
circumstances might be favorable at this time. He stated that the public
recognizes the fact that the City has a limited amount of dollars. He stated that he
believes there are people out there who do believe in libraries and will support
this.
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rJ//rJ//2008
Mayor/Chairman Morris stated that in order to receive a successful response from
the community a master plan should be developed, but he was concerned that
there wasn't enough time to do that.
City Manager Wilson recommended that the viability of a library tax measure
should be discussed and those ideas should be brought back to the next Council
meeting for consideration.
It was the consensus of the Council that discussion of the matter be continued to
the Council/Commission meeting of July 16,2008.
38. An Ordinance of the City of San Bernardino adding Chapter 5.57 to the San
Bernardino Municipal Code regarding scrap metal recycling. FIRST
READING (Continued from June 16, 2008)
Note: A copy of the ordinance was provided. No other backup was distributed.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of August 4, 2008. The motion carried
unanimously with all members present.
39. Presentation from Inland Communities (Continued from June 16,2008)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be tabled. The motion carried
unanimously with all members present.
40. RES. 2008-278 - Resolution of the City of San Bernardino authorizing the
execution of an agreement with Nationwide Retirement Solutions, Inc. for
services as a<lmini~trator of the City of San Bernardino Deferred
Compensation Plan. (Continued from June 16, 2008)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-278 was adopted unanimously with all members present.
41. RES. 2008-279 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a License and Indemnification
Agreement by and between the County of San Bernardino, the City of San
Bernardino and the High Desert Partnership in Academic Excellence
Foundation, Inc., for property located at 503 East Central Avenue, San
Bernardino, CA. (Continued from June 25,2008)
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rn /07/2008
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
2008-279 was adopted unanimously with all members present.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Clerk Clark,
Economic Development Agency Interim Executive Director Marzullo and
Special Counsel Sabo.
Absent:
None.
R42. RES. CDC/2008-25 - 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 Affordable
Single-Family Disposition and Development Agreement (HOME Funds - Four
Agency Lots), by and among the Agency, Arroyo Valley Community
Economic Development Corporation, and Inland Empire Concerned African
American Churches (lVDA Redevelopment Project Area).
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
CDC/2OO8-25 was adopted IIplInimonsly with all members present.
R43. Budget Adoption Fiscal Year 2008-2009 (Continued from June 3D, 2008)
Resolution of the Community Development Commission of the City of San
Bernardino, California, approving the Economic Development Agency's
("Agency") budget for the Fiscal Year 2008-2009, except for those portions
of certain budget lines which are related to the Uptown Redevelopment
Project Area. (R43A)
Resolution of the Community Development Commission of the City of San
Bernardino, California, approving the Economic Development Agency's
(" Agency") budget for those portions of certain budget lines which are
related to the Uptown Redevelopment Project Area for the Fiscal Year 2008-
2009. (R~~
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07/07/2008
Resolution of the Community Development Commission of the City of San
Bernardino, California, authorizing the funding of various City of San
Bernardino Fiscal Year 2008-2009 public improvement expenditures and
making rmdings and determinations as to the benefit to the various
redevelopment project areas for undertaking public improvements in
counection with these various City expenditures. (R43C)
Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the funding of various City of San
Bernardino Fiscal Year 2008-2009 public improvement expenditures and
making rmdings and determinations as to the benefit to the various
redevelopment project areas for undertaking public improvements in
counection with these various City expenditures. (R43D)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of July 21, 2008. The motion carried unanimously with
aU members present.
44. Public Comments
Maria Hallstrom, 2042 E. 19'" Street, San Bernardino, CA, stated that the City
needs more police officers.
Roy Ferguson, 288 E. 47'" Street, San Bernardino, CA, stated that he hoped the
Council supported an Operation Phoenix in the north end because there has been
a lot of crime at the Sepulveda Apartments in the last few weeks.
Lisa Loza, Hope Street, San Bernardino, CA, on behalf of ACORN and the
residents of the First Ward, thanked Councilwoman Estrada for her immediate
response in the repair of an uncovered manhole they reported at a prior Council
meeting.
David McClImmllck, 634 E. Parkdale Drive, San Bernardino, CA, spoke
regarding the recent charges of child molestation against a City employee and
asked what the City was going to do to prevent this from happening in the future.
Betty Jean Long, P.O. Box 1098, San Bernardino, CA, reported that a certain
church in the City was only interested in making money.
Anthony Gamcd, 752 W. 10'" Street, San Bernardino, CA, spoke in support of
the Police and Fire Departments and urged the public to get involved.
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07/07/2008
45. Adjournment
At 8 p.m., the meeting adjourned to 4:30 p.m., Wednesday, July 16, 2008, for
discussion of the FY 2008/09 budget and potential ballot measures for the
November 2008 ballot.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, July 21, 2008, in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHEL G. CLARK
City Clerk
BY~~~ /
Linda Sutherland
Deputy City Clerk
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07/07/2008