HomeMy WebLinkAbout06-Council Minutes
,
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrie/c J. Morris
COIlIIdl Me""",,:
Esther Estroda
Dennis J. Boxt"
Tobin Brinker
Fred Shorelt
CIuJs Kelley
Rikke Van Johnson
Wendy McCmnnuuk
-
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
APRIL 20,2009
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 1:32 p.m., Monday, April 20, 2009, 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, Shorett, Kelley, Johnson; Sr. Deputy City Attorney
Grider, Interim City Manager Weinberg, City Clerk Clark.
Absent:
Council Member/Commissioner McCammack.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Frank Inl!;ram, III, et al. v. City of San Bernardino, et al. - United States
Court of Appeals, Case No. 07-56616;
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04/20/2009
"
.
Emilio Flores, et aI. v. City of HiJdlland, et aI. - San Bernardino County
Superior Court, Case No. CIVSS 7000464;
Kimberlyn Hearns v. City of San Bernardino - United States District
Court, Case No. CV 03-1434 S10 (SGL);
Michael Lawson v. City of San Bernardino, et aI. - San Bernardino
County Superior Court, Case No. CIVDS 905204.
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:
Glenn Baude v. City of San Bernardirw
Inland Communities Corp. v. City of San Bernardirw (Paradise Hills)
Human Potential Consultants v. City of San Bernardirw
Claim of Miguel Vargas-Quiroz. Elsaline Garcia and Jacqueline Quiroz
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Chief of Police
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:
Negotiations with Firefighters
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
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04/20/2009
Sr. Deputy City Attorney Grider announced that the following additional items
would be discussed in closed session:
Under Agenda Item No. lA, existing litigation:
M & M Plasterinjt v. Elroy Salazar, et aI. - San Bernardino County
Superior Court Case No. CIVSS 815793;
Under Agenda Item No. IG, conference with real property negotiator:
Property Address: 120 S. "D" Street
APN: 0136-122-60
Nejtotiatinjt Parties: Mark Weinberg, Interim City Manager, on behalf of
the City of San Bernardino, and Tim Burgess.
Under Nejtotiation: Purchase price, terms, and conditions.
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/Chairman Morris requested a moment of silence in memory of Jimmy Jones and
Pastor Jeffrey Earl Wiggins.
InvocationIPledge of Allegiance
The invocation was given by Reverend Charlotte V. Marrah of the Center for Spiritual
Living of the Inland Empire. The pledge of allegiance was led by Alma Santacruz, a
student at Anton Elementary School.
2. Appointments
There were no commission appointments.
3. Presentations
Council Members/Commissioners Rikke Van Johnson and Chas Kelley joined
Mayor Morris in presenting Certificates of Recognition to the members of the
Cajon High School's Girls Basketball Team and their coaching staff for their
outstanding performance this year and for winning the CIF Division I-AA
Championship.
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04/2012009
Council Member/Commissioner Johnson presented the Student of the Month
Award to Hector Nuiio, a student at Dr. Martin Luther King, Jr. Middle School.
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 Department Years of Service
Rikke Van Johnson Council Office 5
Chas Kelley Council Office 5
Carlos Castro Development Services 5
Michael Bush Fire 25
James Prater Fire 20
Thomas Rubio Fire 20
Joseph Michaud Library 10
Tommy Litras One Stop Career Center 30
Teresa Dobbs Parks, Recreation & 10
Community Services
Donald Stubbs Parks, Recreation & 25
Community Services
Dennis Flory Public Services 5
Theresa Keller SBETA 15
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities. I
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolutions and ordinances
on the regular agenda of the Mayor and Common Council and Community
Development Commission, be waived. The motion carried unanimously with
McCammack absent.
6. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated March 12, 2009, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously with McCammack absent.
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04/20/2009
7. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated April 15, 2009, 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 nnllnimonsly with
McCammack absent.
8. RES. 2009-82 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services
Agreement between the Law Offices of Jones and Mayer, and retaining
Gregory P. Palmer for hearing officer and/or admini~tive law officer
services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-82 was adopted unllnimonsly with McCammll~k absent.
9. RES. 2009-83 - Resolution of the Mayor and Common Council of the City of
San Bernardino adopting the California Department of Transportation
Disadvantaged Business Enterprise (DBE) Implementation Agreement for
Federal Financial Assistance Projects.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-83 was adopted unanimously with McClImmack absent.
10. RES. 2009-84 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the award of a contract to Gnzmlln Construction
for emergency repair of sewer mains in 1'f'1' Street between "G" Street and
the alley west of "G" Street; and "H" Street between the alley east of ISth
Street and the alley west of ISth Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Director of Development Services be authorized to execute Change Order No.
One with Guzman Construction in the credit amount of $700. The motion
carried and Resolution No. 2009-84 was adopted nnllnimously with
McCammack absent.
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04/20/2009
11. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Lease Agreement between the City
of San Bernardino and Los Angeles SMSA Limited Partnership, DBA
Verizon Wireless for the lease of nine hundred eighty seven (987) square feet
of City owned property at Fire Station No. 228 located at 3398 HigJ-01And
A venue for a cenular tower disguised as a functional rll'e hose rack (APN
0285-191-05).
Because this was a 20-year agreement. Council Member/Commissioner Estrada
questioned whether language was included that would allow the City to cancel the
contract or remove the towers should it be found that cen towers cause any kind
of illness.
Sr. Deputy City Attorney Grider suggested that the item. be continued for two
weeks .
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada. that the matter be continued to the CounciU
Commission meeting of May 4, 2009. The motion carried unanimously with
McCammack absent.
12. RES. 2009-85 - Resolution of the City of San Bernardino repealing
Resolution No. 2008-394 and directing and authorizing the execution of a
Grant Deed for the sale of City owned real property located at the northwest
corner of Base Line Street and "H" Street in the City of San Bernardino to
the California Department of Transportation.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-85 was adopted unanimously with McCammack absent.
13. ERAF Redevelopment Project Area Plan Amendments (Continued from April
6, 2009)
ORD. MC-1293 - Ordinance of the City of San Bernardino extending the
time limit of the effectiveness of the State Conege Redevelopment Plan;
extending the time limit for payment of indebtedness and receipt of property
taxes under the redevelopment plan for the State Conege Redevelopment
Project Area; and making other findings in connection therewith (State
Conege Redevelopment Project Area). FINAL READING (13A)
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04/20/2009
ORD. MC-1294 - Ordinance of the City of San Bernardino extending the
time Hmit of the effectiveness of the Central City North Redevelopment Plan;
extending the time Hmit for payment of indebtedness and receipt of property
taxes under the redevelopment plan for the Central City North
Redevelopment Project Area; and mAking other findings in connection
therewith (Central City North Redevelopment Project Area). FINAL
READING (13B)
ORD. MC-1295 - Ordinance of the City of San Bernardino extending the
time Hmit of the effectiveness of the Central City West Redevelopment Plan;
extending the time Hmit for payment of indebtedness and receipt of property
taxes under the redevelopment plan for the Central City West
Redevelopment Project Area; and mAking other f"mdings in connection
therewith (Central City West Redevelopment Project Area). FINAL
READING (13C)
ORD. MC-1296 - Ordinance of the City of San Bernardino extending the
time Hmit of the effectiveness of the Southeast Industrial Park
Redevelopment Plan; extending the. time Hmit for payment of indebtedness
and receipt of property taxes under the redevelopment plan for the Southeast
Industrial Park Redevelopment Project Area; and mAking other findings in
connection therewith (Southeast Industrial Park Redevelopment Project
Area). FINAL READING (13D)
ORD. MC-1297 - Ordinance of the City of San Bernardino extending the
time Hmit of the effectiveness of the Northwest Redevelopment Plan;
extending the time Hmit for payment of indebtedness and receipt of property
taxes under the redevelopment plan for the Northwest Redevelopment Project
Area; and mAking other f"mdings in connection therewith (Northwest
Redevelopment Project Area). FINAL READING (13E)
ORD. MC-1298 - Ordinance of the City of San Bernardino extending the
time Hmit of the effectiveness of the Tri City Redevelopment Plan; extending
the time Hmit for payment of indebtedness and receipt of property taxes
under the redevelopment plan for the Tri City Redevelopment Project Area;
and mAking other f"mdings in connection therewith (Tri City Redevelopment
Project Area). FINAL READING (13F)
ORD. MC-1299 - Ordinance of the City of San Bernardino extending the
time Hmit of the effectiveness of the South VaDe Redevelopment Plan;
extending the time Hmit for payment of indebtedness and receipt of property
taxes under the redevelopment plan for the South VaDe Redevelopment
Project Area; and making other f"mdings in connection therewith (South VaDe
Redevelopment Project Area). FINAL READING (13G)
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04/20/2009
ORD. MC-I300 - Ordinance of the City of San Bernardino extending the
time limit of the effectiveness of the Meadowbrook/Central City
Redevelopment Plan; extending the time limit for payment of indebtedness
and receipt of property taxes under the redevelopment plan for the
Meadowbrook/Central City Redevelopment Project Area; and mAkil1g other
f'mdings in connection therewith (Meadowbrook/Central City Redevelopment
Project Area). FINAL READING (1311)
ORD. MC-I301 - Ordinance of the City of San Bernardino extending the
time limit of the effectiveness of the Central City South Redevelopment Plan;
extending the time limit for payment of indebtedness and receipt of property
taxes under the redevelopment plan for the Central City South
Redevelopment Project Area; and mAking other f'mdings in connection
therewith (Central City South Redevelopment Project Area). FINAL
READING (131)
ORD. MC-I302 - Ordinance of the City of San Bernardino extending the
time limit of the effectiveness of the Central City East Redevelopment Plan;
extending the time limit for payment of indebtedness and receipt of property
taxes under the redevelopment plan for the Central City East Redevelopment
Project Area; and making other findings in connection therewith (Central
City East Redevelopment Project Area). FINAL READING (13J)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said Ordinances A - J be adopted.
Ordinance Nos. MC-1293 through MC-I302 were adopted unAnimously with
McCAmmAck absent.
14. ORD. MC-1303 - Ordinance of the City of San Bernardino amending Section
10.16.120 of the San Bernardino Municipal Code relating to prohibiting
parking of motor trucks in the residence district. FINAL READING
(Continued from April 6, 2009)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No.
MC-1303 was adopted unanimously with McCAmmAck absent.
15. RES. 2009-86 - Resolution of the Mayor and Common Counell of the City of
San Bernardino adopting Red Flag Rules, Policies, and Procedures for an
Identity Theft Prevention Program in accordance with the Fair and Accurate
Credit Transactions Act of 2003 (FACTA).
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04/20/2009
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the said resolution be adopted. Resolution
No. 2009-86 was adopted unAnimously with McCammAck absent.
16. Receive and me the detail FY 2007/08 Year End Report for the Development
Impact Fee Funds
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council receive and
file the detail FY 2007/08 YearEnd Report for the Development Impact Fee
Funds. The motion carried unanimously with McCammack absent.
17. Resolution of the Mayor and Common Council of the City of San Bernardino
approving the destruction of certain records by the Director of Finance.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled. The motion carried
unanimously with McCammack absent.
18. RES. 2009-94 - Resolution authorizing and approving the borrowing of funds
for Fiscal Year 2009-2010; the issuance and sale of a 2009-2010 tax and
revenue anticipation note therefor and participation in the California
Communities Cash Flow Financing Program.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-94 was adopted unanimously with McCammAck absent.
19. RES. 2009-87 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Interim City Manager to execute
Amendment No. 1 to the Contractual Agreement between the City of San
Bernardino and the San Bernardino City Unified School District for shared
use of the recreation facilities at the Galaxy Building and Norton Recreation
Center, and exercising the one year renewal option from August 1, 2009
through July 31, 2010.
Sr. Deputy City Attorney Grider indicated that City Attorney Penman had
declared a conflict on this matter as his wife is a member of the School Board.
She advised that Mr. Sabo had reviewed and signed the item.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-87 was adopted unanimously with McCammack absent.
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04/2012009
20. RES. 2009-88 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Interim City Manager to execute
Amendment No. 1 to the Vendor Service Agreement with Inland Empire
Landscape, Inc., and an increase to Purchase Order No. 302716 for
additional work related to the Broadmoor Boulevard Irrigation System
Retrofit Project.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-88 was adopted unanimously with McCammack absent.
21. RES. 2009-89 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Interim City Manager to execute a Vendor
Service Agreement with Cliff's Pest Control, Inc., and authorizing the
Director of Finance to increase annual Purchase Order No. 209312 to Cliff's
Pest Control, Inc., and to amend the adopted FY 08/09 budget.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-89 was adopted unanimously with McCammack absent.
22. RES. 2009-90 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an amendment to the agreement
and an increase to Purchase Order Number 302330 by an additional $20,000
to Zumar Industries, Incorporated.for the purchase of additional traffic signs
located throughout the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-90 was adopted unanimously with McCammSlck absent.
23. RES. 2009-91 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the issuance of a purchase order in the amount of
$48,266 to Nelson Paving and Grading Incorporated for completing
emergency repairs to the street adjacent to the Old Waterman Canyon
Bridge.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-91 was adopted unanimously with McCammack absent.
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04/20/2009
24. RES. 2009-92 - Resolution of the Mayor and Common CouncU of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order in the amount of $150,000 to GII7.man Construction Company
for the removal and replacement of failed cross gutter and improvements to
the wash rack at the City Yard.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-92 was adopted IInanlmously with McCammack absent.
25. RES. 2009-95 - Resolution of the Mayor and Common CouncU of the City of
San Bernardino authorizing the approval of a Vendor Service Agreement and
issuance of a purchase order in the amount of $70,000 to Republic Intelligent
Transportation Services for traffic signal preventive maintenance services.
Dan Long, San Bernardino Public Employees Association, representing the
traffic maintenance shop, spoke regarding the proposed traffic signal maintenance
contract offered by Republic Intelligent Transportation Services (ITS) and the
impact the proposal would have on the shop, particularly with the elimination of
two traffic signal technician positions. He stated that they had met with the City's
representatives on two occasions in an effort to minimize the adverse impacts on
the signal technicians, and as a result of those discussions they had three specific
areas of concern. First, the staff report indicated that the contractor would
perform preventive maintenance duties on the City's 265 intersections three times
per year, and on page ten of the proposal submitted by Republic, it indicated that
they would perform preventive maintenance activities on the City's 265
intersections four times per year.
Mr. Long stated that their secondary concern dealt with the actual savings the
proposal is reported to generate. Copies were distributed to the Council and he
discussed a documententitIed City of San Bernardino, public Services
Department, Streets Division, Signal Maintenance TIme and Motion Study
Summary, which was a breakdown of the costs of performing services in-house as
opposed to contracting services with Republic. He stated that the proposal to
outsource the preventive maintenance section of the traffic signal shop has been
purported to save the department some $70,000 through the elimination of two
traffic signal technician positions. He stated that if the numbers provided in the
department's Time and Motion Study were accurate, then he would like to ask the
Mayor and Council to reconsider approval of the item and allow the City crew to
compete at the same level Republic is expected to compete.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
2009-95 was adopted unanimously with McCammack absent.
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04/20/2009
26. RES. 2009-93 - A Resolution ratifying execution of a Settlement Agreement
and Declaration of Gas Dispensing Facility between the City of San
Bernardino and the South Coast Air Quality Management District (AQMD)
concerning the installation of an F.nhllnced Vapor Recovery System (EVR)
for the City's gasoline dispensing facility.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-93 was adopted unanimously with McCammack absent.
27. Determination of Public Convenience or Necessity for an Alcoholic Beverage
Control Type 20 License (Off-Sale Beer & Wine) for the Target store located
at 499 West Orange Show Road
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, 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 for the
Target store located at 499 West Orange Show Road. The motion carried
unanimously with McCammack absent.
28. Initiation of an amendment to Section 19.06.025 (H) of the Development
Code, Prohibited Uses related to Automotive Stereo Shops
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council direct
Planning staff to initiate an amendment to Section 19.06.025 (H) of the
Development Code related to automotive stereo shops. The motion carried
unanimously with McCammack absent.
29. Public Hearing - Resolution imposing liens for uncollected business
registration fees
RES. 2009-96 - Resolution of the City of San Bernardino rescinding
Resolution 2009-76 and imposing liens on certain parcels of real property
located within the City of San Bernardino for uncoUected business
registration fees.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
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04/20/2009
Council Member/Commissioner Baxter made a motion,. seconded by Council
Member/Commissioner Johnson, that the hearing be closed; that the City Clerk
be directed to administratively remove any properties from Exhibits A and B,
which have been paid prior to the hearing; and that said resolution be adopted.
The motion carried and Resolution No. 2009.96 was adopted unanimously
with McCammack absent.
30. Public Hearing - Resolution establishing certain fees for services; and
Ordinances regarding unauthorized signs and yard sales (Continued from
April 6, 2009)
Resolution of the City of San Bernardino establishing certain fees for services
furnished by the City of San Bernardino, amending. Resolution Nos. 89-471
and 91-148, and rep<"'liug Resolution Nos. 85-480, 88-405, 96-169, 96-189,
2000-283,2008-149,2008-177, and 2008-315. (30A)
An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California adding Chapter 16.18 of the San Bernardino
Municipal Code regarding unauthorized signs on public property. FIRST
READING ~Om
An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California repealing and replacing Chapter 5.68 of the San
Bernardino Municipal Code regarding yard sales. FIRST READING
(30C)
Note: No resolution or ordinances were distributed with the backup materials.
The hearing remained open.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of May 4, 2009. The motion carried unanimously with
McCammack absent.
31. Public Hearing - Ordinance amending Chapter 19.06 of the Development
Code to permit senior/congregate care housing as a conditional use in the
CG-l, Commercial General, land use district and Conditional Use Permit No.
08-28 to construct a 3-story, 9O-unit senior housing complex on
approximately 3.5 acres of land located at the southeast comer of llighland
and Central Avenues in the CG-l, Commercial General, land use district
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04/2012009
An Ordinance of the City of San Bernardino amending Chapter 19.06
(Commercial Districts), Section 19.06.010 (D), Section 19.06.020, Table 06.01
(G) (7) and Section 19.06.030, Table 6.03 (S) of the San Bernardino
Municipal Code (Development Code) related to Senior/Congregate Care
Housing. FIRST READING
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, Development Services Department Deputy Director/City Planner,
stated that the proponent is TELECU Housing, and this project would be similar
in design to several other TELECU developments in other areas of the City;
however, this would be the first TELECU project in the northeast part of the
City. The proposal requires an amendment to the Development Code in order to
permit senior housing in the Commercial General Land Use District. Many of
the criteria are site selection criteria for establishing senior housing-set standards
that make the Commercial General District ideal-that the location have transit
service, medical offices, senior centers and other services that are typically
located in a General Commercial District that should be present for senior
housing.
No public comments were received.
Council Member/Commissioner Estrada questioned whether discussions had taken
place relative to being able to limit a certain amount of senior housing in anyone
area. She stated that she was concerned about the overwhelming number of
senior housing projects in the downtown area relative to future development in the
downtown that would call for other types of tenants in the downtown area as
opposed to more limited income individuals, and she asked if any consideration or
thought was given to oversaturation of senior housing_in anyone area. She stated
that she would like to see it spread out allover the City where they would have a
choice in terms of where to live.
Ms. Rahhal stated that they did not have those discussions. She stated that the
code amendment was proposed in an effort to encourage more development of
senior housing as there is a great need in various areas of the City. The City's
Code currently permits senior housing in the downtown Commercial District and
there have been quite a few projects in the downtown area. The hope is that
through this amendment they would be able to have more senior housing in other
areas of the City as well. Ms. Rahhal stated that this amendment did not propose
an upper limit to the number of projects.
Council Member/Commissioner Estrada asked if anything could be done to limit
that type of housing.
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04/20/2009
Ms. Rahhal stated that what she believed Ms. Estrada was asking was not if they
could limit housing choices, but whether they could prevent an overconcentration
in a particular neighborhood. She stated that that was something they could look
at in terms of location criteria. She didn't feel that it has been a problem so far
because there has been a gr~t need for more senior housing.
Council Member/Commissioner Estrada stated that she didn't want to have any
issues in the future because they didn't make allowances and didn't look at all the
possible ramifications for oversaturation of that type of housing, whether it's for
$3 million homes or low income senior housing, before going ahead and
amending the Code. She stated that maybe it was something they could research
to see how they want to do it in the future, or if they even want to do it; but it did
raise a concern with her that they continue to approve projects in the downtown
area that will affect their ability to change the economy and bring more businesses
into the downtown area.
Mayor/Chairman Morris asked Ms. Rahhal if she knew how deficient the City
was in its stock of affordable senior housing.
Ms. Rahhal stated that there are waiting lists at these senior housing projects in
the City now, and that this particular project has been funded by HUD based on a
demonstrated need.
Mr. Kelley asked if anything had been laid out in the General Plan that indicates
that they are going to geographically place these facilities throughout the City so
they are not forced to live in a certain area when they are looking for senior
housing.
Ms. Rahhal stated that the population is aging and that is part of the reason this
need is growing, and this Code amendment will provide a little more flexibility to
have senior housing projects throughout the City. She stated that she believed
they will be seeing different kinds of senior housing projects in the next few
years. In the General Plan Housing Element they are updating their policies right
now and they may be able to come up with something that would address this
issue in terms of supplying housing where it's needed and perhaps based on some
criteria that the Council would like to set, so that not all of the seniors are in one
place.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; that said ordinance be
laid over for fina1 adoption; and that the Mayor and Common Council have
independently reviewed and analyzed the Initial Study and the Mitigated Negative
Declaration, and finding that the Mitigated Negative Declaration reflects its
independent judgment, hereby adopt the Mitigated Negative Declaration and
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04/20/2009
Mitigation MonitoringlReporting Program and approve Conditional Use Permit
No. 08-28 based on the Findings of Fact contained in the Planning Commission
Staff Report from Valerie Ross, Development Services Director, dated February
18, 2009, subject to the Conditions of Approval and Standard Requirements
(Exhibit 2). The motion carried unAnimously with McCAmmAck absent.
32. Public Hearing - Resolution authorizing execution of a Sales and Purchase
Agreement and a Quitclaim Deed for the sale of City Water Department
property
RES. 2009-97 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement and the
execution of a Quitclaim Deed for the sale of City Water Department owned
parcel of real property generally located at the intersection of Foothill Drive
and Sterling Avenue in the City of San Bernardino.
Mayor/Chairman Morris opened the hearing.
No public connnents were received.
Council Member/Connnissioner Kelley 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. 2009-97 was
adopted unAnimously with McCAmmack absent.
33. Council Committee Assignments (Continued from April 6, 2009)
Council Committees - Replar MeetinWl
Legislative Review Committee -- Brinker (Chair), Shorett, McCammack
Council Committees - At Call of Chairman
Educational Bridge Ad Hoc Committee -- Brinker, Shorett, Johnson
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the reconnnended Council Committee
Assignments be approved. The motion carried u~animously with
McCammack absent.
34. Resolution of the City of San Bernardino approving License Agreement No.
09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for
maintenance of temporary shoring under the Mt. Vernon Viaduct between
2nd Street and 4th Street (BR#S4C0066). (Continued from April 6, 2009)
Note: No resolution was distributed with the backup materials.
16
04/20/2009
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council!
Commission meeting of May 4, 2009. The motion carried unanimously with
McCammack absent.
35. Resolutions of the Mayor and Common Council authorizing a Master Lease
Agreement with Bank of America; and awarding a bid for the lease-purchase
f"mancing of 12 refuse trucks to Bank of America (Continued from March 16,
2009)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing a Lease Purchase Master Agreement with Bank of America for
the furnishing of lease purchase financing. (3SA)
RES. 2009-98 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a bid for the lease-purchase rmancing of twelve
(12) refuse trucks to Bank of America. (3SB)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that resolution A be deleted; and that said
resolution B, be adopted, amending the definition of "Schedule" on page 3 of the
Lease/Purchase Agreement to read as follows: "Means each separately numbered
Schedule of Property substantially in the form of Schedule of Property No. I
hereto together with a Rental Payment Schedule attached thereto substantially in
the form of Exhibit A-I hereto". The motion carried and Resolution No. 2009-
98 was adopted unanimously with McCammack absent.
36. Report from the Measure Z Oversight Committee on Uses of Measure Z
Funds - July 1, 2007 through June 30, 2008
Philip Savage, Chairman of the Measure Z Oversight Committee, requested that
the report from the Measure Z Oversight Committee, be received and filed.
Joe Ortiz, spoke about Operation Phoenix and the City's graffiti problem.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the report from the Measure Z Oversight
Committee on Uses of Measure Z funds - July I, 2007 through June 30,2008, be
received and filed. The motion carried unanimously with McCammack
absent.
37. Item deleted
17
04/20/2009
38. Resolution of the Mayor and Common Council of the City of San Bernardino
rescinding its motion of February 17, 2009 by which it approved the
I"limim.tion of twelve positions in the Fire Department and requiring said
positions to be backrilled effective April 21, 2009.
Council Member/Commissioner Kelley provided a brief video presentation
regarding the National Fire Protection Association (NFPA) 1710, which is the
Standard for the Organization and Deployment of Fire Suppression Operations,
Emergency Medical Operations, and Special Operations to the Public by Career
Fire Departments.
Council Member/Commissioner Kelley stated that this was an opportunity for the
Council to revisit their action taken on February 17, 2009, to eliminate 12
positions. He stated that he had concerns regarding the deleted positions and
whether staff held a meet and confer with the labor group.
Council Member/Commissioner Kelley stated that there are four fire stations that
would be affected by the reduction in personnel: Palm and Kendall, 40th Street,
Orange and Highland, and Medical Center Drive; and at the very minimum the
Council should have been given an opportunity to provide their input. He asked
that the Council restore the positions, and in the meantime the City Manager's
team could meet with the fire personnel to try to achieve the 10 percent reduction.
The City could then go to the voters to explore funding opportunities that would
provide the needed personnel. He referred to California Code of Regulations,
Title 8, Section 5144, which mandates that a minimum of four fIrefighters be
present at the scene of a structure fire before interior firefighting operations can
take place. He stated that the City's budget reserves are very low; however,
reserves are there for emergencies. and he could not think of a bigger emergency
than having fIrefighters available to meet the needs of this community in the event
of a fire or a medical emergency.
Fire Chief Comad stated that he was hired to maintain the best level of safety for
the public and to staff the Fire Department with whatever funding is deemed
appropriate, and he had also been asked to give his recommendations on what
could be eliminated. He stated that he has already made cuts in prevention and
administration-at least 25 percent of his department has taken substantial pay
cuts-and now he has been asked to cut $1.5 to $2 million. He stated that if they
had to cut firefighter positions the only way to start would be to remove one
fIrefighter off of the four-person engines so that they do not do away with entire
fire companies.
Fire Chief Comad stated that NFPA 1710 discusses response times as being one
of the most critical pieces of emergency response, but the City has chosen not to
adopt the NFPA regulation for response times because they could not afford it.
18
04/20/2009
He stated that if the Council wants him to cut in other areas of the Fire
Department, then they are going to have to remove some of the responsibility the
department has for getting certain jobs done. He stated that he would like to have
full staffing-he would like to have five persons on an engine; but if the City
cannot afford it, then they can do the job with less. What they would have to do
is send more fire engines and they may have to use their mutual aid program
more often. They will change the method of doing business, if necessary, to
protect the lives of the firefighters.
The Chief clarified that the reduction in staffing from four to three would not
affect respouse times and would not require them to operate unsafely on the fire
ground-they would have to adjust their tactics until help arrives. A known
rescue can be carried out by three people. If it's an unknown rescue, they have
the responsibility through policy to do what is called a "360,. where the captain
has to walk around the building to assess the situation.
Chief Comad stated that one-fourth of his workforce has taken a ten percent pay
cut; his administrative assistant is doing two jobs because they had to leave his
prior job unstaffed, his lowest paid employees have suffered 10 percent pay cuts,
and he is concerned that he's going to be asked to take larger pay cuts. He stated
that a battalion chief with a 10 percent pay cut is going to make less money than a
lot of the captains he supervises and the overtime that they make. He stated that
he doesn't begrudge the overtime because the guys are working for it, but it's
creating a management situation that is untenable in the Fire Department. Chief
Comad stated that if the Council was to choose to reinstate these positions, he
hoped that they had another source of revenue and that they didn't expect to cut
the Fire Department in other areas.
Chief Comad answered questions posed by members of the Council regarding
mutual aid, staffing levels, response times, overtime and funding.
Council Member/Commissioner Brinker stated that they were talking about two
distinct issues-the ten percent and the elimination of the positions-and he felt
everyone should know how much this was costing the City.
Mr. Weinberg stated that in the event these positions are reinstated, it would add
another $400,000 to the deficit for this fiscal year, and the 10 percent reduction
was costing several hundred thousand dollars.
Sr. Deputy City Attorney Grider stated that there may be a legal way to raise
revenue that the City has not yet pursued and that was with the use of the
Administrative Civil Penalties (ACP) program by the Fire Department for
violations of the Fire Code, Building Code, and the Municipal Code, with
19
04/20/2009
penalties of up to $1,000 per day. Also, the City would be getting businesses and
multi-family apartment complexes into compliance.
Council Member/Commissioner Johnson asked if the revenue received from the
ACPs was going into the General Fund.
Interim City Manager Weinberg answered in the affirmative. He stated that he
did not want the public to have the perception that they were going to finance the
restoration of these positions or any other fire services by having the firefighters
go out and look for ACP violations. He stated that the ACP program is doing
very well, but the notion that the fines of $1,000 are being levied and sustained at
that rate may not be completely accurate because the hearing officers are
routinely reducing those fines down to about $100 per day.
Mayor/Chairman Morris stated that quite often those fines result in liens on the
property as opposed to cash in the bame The City is entitled to lien the property
if the property owner does not pay that assessment, but those liens are not
redeemed until the property is sold.
Ms. Grider stated that the Mayor's statement was partially correct. She stated
that they have collected a substantial amount of money for violations that haven't
gotten to the point of putting a lien on the property. A lot of these properties are
in the process of changing hands so they are paying the amounts that have been
imposed by the Hearing Officer prior to the lien process. She stated that the
revenue raised would be incidental to getting compliance with the codes, and the
engine companies are already out there doing their inspections of the businesses
and the apartment complexes; so it's not that they would be asking them to do
something new that they are not already doing, it would just be implementing this
program as part of those inspections.
Assistant City Manager Sassoon clarified that the revenue received from the ACP
program is not going into the General Fund at this time; it is being kept in a trust
account. However, at a future date, and hopefully prior to the end of the fiscal
year, staff will be recommending that the Council take action to put that revenue
into the General Fund.
The following individuals spoke in support of restoring the firefighter positions:
Lynette Kaplan; Stephanie Nigg; Bob Evans; Joe Ortiz; Tom Rubio, San
Bernardino City Professional Firefighters; Richard Lewis, San Bernardino City
Fire Captain; Scott Moss, San Bernardino City Professional Firefighters.
Council Member/Commissioner Kelley made a motion that said resolution be
adopted. The motion died for lack of a second.
20
04/20/2009
39. RES. 2009-99 - Resolution of the Mayor and Common Counell of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order to Fairview Ford of San Bernardino pursuant to Section
3.04.010 B-3 of the Municipal Code for the purchase of twenty-eight (28)
2009 Ford Crown Victoria Police Interceptors utilized by the Police
Department; and award a bid for lease purchase financing to Bank of
America for the purchase of twenty-eight (28) 2009 Ford Crown Victoria
Police Interceptors.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted, amending the
definition of "Schedule" on page 3 of the Lease/Purchase Agreement to read as
follows: "Means each separately numbered Schedule of Property substantially in
the form of Schedule of Property No. 2 hereto together with a Rental Payment
Schedule attached thereto substantially in the form of Exhibit A-I hereto". The
motion carried and Resolution No. 2009-99 was adopted unanimously with
McCammack absent.
COMMUNITY DEVELOPMENT COMMISSION
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson; Sr. Deputy City Attorney
Grider; Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent:
Council Member/Commissioner McCammack
R40. Joint Public Hearing - Formation of an Auto Center Property and Business
Improvement District ("PBID") (Southeast Industrial Park and IVDA
Redevelopment Project Areas) (Continued from April 6, 2009)
Resolution of the Community Development Commi~'iion of the City of San
Bernardino approving and authorizing funding equal to $1,218,372 pursuant
to the formation of the Auto Center Property and Business Improvement
District ("District") and funding the operations and activities of the district
(Southeast Industrial Park and IVDA Redevelopment Project Areas).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled. The motion carried
unanimously with Kelley and McCammack absent.
21
04/20/2009
R41. Public Hearing - Recommended allocations of FY 2009-2010 Community
Development Block Grant; Emergency Shelter Grant; and HOME Federal
Grant Program Funds
RES. 2009-100 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2009-2010 Consolidated Annual Action Plan
pertaining solely to the HOME Program appropriations/categories; and
authorizing the City Manager to execute any and all HUD contracts or
documents as per HUD regulations. (R41A)
RES. 2009-101 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving (1) the 2009-2010 ConsoUdated Annual Action
Plan pertAining to Community Development Block Grant (CDBG) and
Emergency Shelter Grant (ESG) funds (excluding any reference to the
allocation of CDBG and ESG funds for Time For Change Foundation and
Knotts Family & Parenting Institute); (2) an amendment to the 2007-2008
Annual Action Plan (2005-2010 Consolidated Plan) appropriating $238,750 of
unappropriated CDBG program income funds as contained in the attached
Staff Report; and (3) authorizing the City Manager to execute any and all
HUD contracts or documents as per HUD regulations. (R41B)
RES. 2009-102 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the 2009-2010 Consolidated Annual Action Plan
as it pertains solely to the allocation of Community Development Block Grant
(CDBG) and Emergency Shelter Grant (ESG) Funds to Time For Change
Foundation and Knotts Family & Parenting Institute. (R41C)
Mayor/Chairman Morris opened the hearing.
Economic Development Agency Interim Executive Director Marzullo stated that
the City of San Bernardino is an entitlement City in the Community Development
Block Grant Program. He stated that there are three broad objectives in the
Community Development Act: I) to serve low and moderate income persons; 2)
to address issues of urban blight; and 3) to address projects or issues of an urgent
need.
Mr. Marzullo stated that the Community Development Block Grant Program has
specifically been allocated $3.5 million and they have a number of projects that
have been proposed for public services as well as projects that have been
proposed for services that meet one of the other two objectives in the act. He
stated that there are projects that have been proposed by individual nonprofit
organizations and projects that have been evaluated by the City's Citizen Review
Committee that has looked at all the projects and made a recommendation to the
RDA Committee as to their appropriateness under one of those objectives and to a
22
04/20/2009
funding amount. There are 24 public service activities recommended for funding
for a total of $350,000. Additionally, there are other program amounts that vary
from Code Enforcement activities to Fire Department vehicle leases,
beautification services, literacy programs, etc.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals, that they would provide true and honest testimony:
Deborah J. Davis, requested CDBG funding for the Legal Aid Society of San
Bernardino. She stated that she had been chosen to make the presentation to the
committee; however, she had a personal emergency and was unable to attend.
Frederic Deycard, requested funding for the Legal Aid Society of San
Bernardino.
Joseph Rodriguez, thanked the Mayor and Council for their continued support
and spoke regarding the Gang Reduction Intervention Program and announced the
implementation of a new program called "RN Mentor".
Karen Goodyear, requested funding for the Inland AIDS Project.
Carey Jenkins, Director of Housing and Community Development, stated that the
cumulative score of the Inland Aids Project did not meet the required threshold
for funding under the recommended funding allocations by the committee. He
stated that they received 11 out of 21 points.
Mr. Jenkins stated that the Legal Aid Society had presented a strong written
application, but because they were not present at the CDCAC meeting to give
their oral presentation they received a zero score.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that funding in the amount of $15,000 be
granted to the Legal Aid Society of San Bernardino. No vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that funding in the amount of $15,000 be granted
to the Inland Aids Project. No vote was taken.
Council Member/Commissioner Brinker stated that he had a conflict due to the
fact that his wife is doing contract work with Time for Change Foundation and
Knott's Family & Parenting Institute.
23
04/20/2009
Agency Counsel Sabo suggested that where Time for Change Foundation
appeared, both in the title and in the text of the two resolutions, that they also add
Knott's Family & Parenting Institute.
Council Member/Commissioner Kelley amended his original motion, seconded by
Council Member/Commissioner Brinker, that $15,000 in CDBG funding be
provided to both the Legal Aid Society of San Bernardino and the Inland Aids
Project. The motion carried unanimously with McCammack absent.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolutions A & B be adopted, excluding the grants to Time for Change
Foundation and Knott's Family & Parenting Institute. The motion carried and
Resolution Nos. 2009-100 and 2009-101 were adopted unanimously with
McCammack absent.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that resolution C be adopted, adding the grant to
Knott's Family & Parenting Institute. Resolution No. 2009-102 was adopted
with Brinker abstaining and McCammack absent.
R42. JoiDt Public Hearing - AlIEPA National Housing Corporation/AHEPA Local
Arrowhead 302 Chapter - Amendment No.2 to the 2005 HOME Funds Loan
and Grant Agreement
RES. 2009-103 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an Amendment to the City's 2005-2010
Consolidated Plan and the 2006-2007 Action Plan allocating $60,000 in
Federal HOME Grant Funds to AHEPA National Housing Corporation -
AHEPA Local Arrowhead 302 Chapter. (R42A)
RES. CDC/2009-12 - 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.2 to the 2005 HOME
Funds Loan and Grant Agreement by and between the Agency and AHEP A
National Housing Corporation - AHEPA Local Arrowhead 302 Chapter.
(R42B)
Mayor/Chairman Morris opened the hearing.
No public comments were received.
24
04/20/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Cominissioner Estrada, that the hearing be closed; and that said
resolutions A and B, be adopted. The motion carried and Mayor and Common
Council Resolution No. 2009-103 and Community Development Commission
Resolution No. CDC/2009-12 were adopted IJnanimously with Kelley and
McCammack absent.
R43. Targeted Employment Area Boundaries for the San Bernardino Valley
Enterprise Zone
RES. 2009-104 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the proposed Targeted Employment Area
Boundaries for the San Bernardino Valley Enterprise Zone.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-104 was adopted unanimously with Kelley and McCammaek absep.t.
R44. Rosenow Spevacek Group, Inc. - Professional Services Agreement to assist
with the 5-Year Implementation Plan and 100Year Housing Compliance Plan
RES. CDC/2009-13 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Professional Services Agreement by and
between the Agency and Rosenow Spevacek Group, Inc., for the preparation
of the 2009-2014 5-Year Implementation Plan and the 2009-2019 10-Year
Housing Compliance Plan as required by the California Community
Redevelopment Law (Excluding Uptown Redevelopment Project Area).
(R44A)
RES. CDC/2009-14 - 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 a Professional Services Agreement by and
between the Agency and Rosenow Spevacek Group, Inc., for the preparation
of the 2009-2014 5-Year Implementation Plan and the 2009-2019 10-Year
Housing Compliance Plan as required by the California Community
Redevelopment Law (Uptown Redevelopment Project Area). (R44B)
25
04/20/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A and B, be adopted.
Resolution Nos. CDC/2009-13 and CDC/2009-14 were adopted unanimously
with Keney and McCAmmAck absent.
R45. Acceptance of funding approval and Grant Agreement for the Neighborhood
Stabilization Program
RES. 2009-105 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, approving the funding and Grant Agreement
for the Neighborhood Stabilization Program (NSp) Funds as authorized and
appropriated under the Housing and Economic Recovery Act of 2008.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-105 was adopted unAnimously with Keney and McCAmmAck absent.
PLANNING ITEMS
46. Item moved to #27
47. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) -
Appeal of the P1Annillg Commi,.qon's denial of a Conditional Use Permit to
convert an existing 6,747 square foot church building into a 56-bed homeless
shelter with related support facilities and office space located at 840 North
Sierra Way in the RM, Residential Medium, land use district. (Continued
from April 6, 2009)
The hearing was closed at the Council/Commission meeting of April 6, 2009.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of May 18, 2009. The motion carried unAnimously with
McCammack absent.
NBI. Appoint New Chief of Police
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the matter arose subsequent to the posting of
the agenda. The motion carried unanimously with McCAmmAck absent.
Richard Lawhead, Police Officers Association President, stated that the process
was very professional, there were five very qualified candidates, and he was
happy with the individual that was chosen.
26
04/20/2009
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the appointment of Keith Kilmer as Chief of
Police effective June 1, 2009, be approved. The motion carried unanimously
with McCammack absent.
48. Public Comments
Joe Ortiz, thanked all those who participated in the tea party tax protest that took
place at City Hall on April 15, 2009, and he thanked The Sun newspaper for
recognizing that event.
49. Adjournment
At 7:51 p.m., the meeting adjourned. The next joint regular meeting is scheduled
for 1:30 p.m., Monday, May 4,2009.
RACHEL G. CLARK
City Clerk
BY~,o JdJJ.A./~J
Linda Sutherland
Deputy City Clerk
27
04/20/2009
CITY OF SAN BERNARDINO
300 N. "D>> Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patriek J. Morris
CIJUIU:il Members:
Esther Estroda
Dennis J. Boxter
Tobin Brinker
Fred Shoren
ehas Kelley
. Rikke Van Johnson
Wendy McCtmunack
-
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 4, 2009
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:42 p.m., Monday, May 4, 2009, in the Council
Chambers of City Hall, 300 North "0" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney
Penman, Assistant City Manager Sassoon, City Clerk Clark.
Absent:
None.
Council Member/Commissioner KeUey Excused
At 7:10 p.m. Council Member/Commissioner Kelley left the Council/Commission
meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et aI. v. City of San Bernardino, et aI. - United States
Court of Appeals, Case No. 09-55001;
1
05/04/2009
.
Kimberlyn Hearns v. City of San Bernardino - United States District
Court, Case No. CV05-4254 S10 (SGLx);
Town of Apple Valley, et al. v. County of San Bernardino (Waste
Disposal AlUeement LitiRation) - Los Angeles County Superior Court,
Case No. KC 049711 "1";
Paul Belinski v. City of San Bernardino, et al. - United States District
Court, Case No. CV 08-8571 PSG (MANx);
Emilio Flores, et al. v. City of HiRhIand, et al. - San Bernardino County
Superior Court, Case No. CIVSS 700464;
Dennis Jackson, et al. v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVSS 800797.
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:
Glenn Baude v. City of San Bernardino
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Human Potential Consultants v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Chief of Police
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:
2
05/04/2009
Negotiations with Firefighters
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
s<J' Street and Meridian Avenue Project
1. Property Address: 2618 West 5111 Street, San Bernardino
APN: 0142-522-26
Ne20tiatin2 Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Ryan Rangel, owner
Under Ne20tiation: Purchase price, terms and conditions.
2. Property Address: 2619 West 5111 Street, San Bernardino
APN: 0142-522-38
Ne20tiatin2 Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Gilbert Badillo, owner
Under Ne20tiation: Purchase price, terms and conditions.
3. Property Address: 2632 West 5111 Street, San Bernardino
APN: 0142-522-42
Ne20tiatin2 Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Ismael Mendoza and Gilbert
Badillo, et aI., owners
Under Ne20tiation: Purchase price, terms and conditions.
4. Property Address: 2638 West 5111 Street, San Bernardino
APN: 0142-522-41
Ne20tiatin2 Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Ismael Mendoza and Gilbert
Badillo, et aI., owners
Under Ne20tiation: Purchase price, terms and conditions.
3
05/04/2009
5. Property Address: 2642 West 5th Street, San Bernardino
APN: 0142-522-13
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Francisco Huesca, owner
Under Ne~otiation: Purchase price, terms and conditions.
6. Property Address: 2669 West 5th Street, San Bernardino
APN: 0142-522-10
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Jose Ramirez, owner
Under Ne~otiation: Purchase price, terms and conditions.
7. Property Address: 2670 West 5th Street, San Bernardino
APN: 0142-522-15
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and ehau Nguyen, owner
Under Ne~otiation: Purchase price, terms and conditions.
8. Property Address: 2683 West 5th Street, San Bernardino
APN: 0142-522-09
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Abel Martinez, owner
Under Ne~otiation: Purchase price, terms and conditions.
9. Property Address: 2694 West 5th Street, San Bernardino
APN: 0142-522-17
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Mary Do, owner
Under Ne~otiation: Purchase price, terms and conditions.
4
05/04/2009
10. Property Address: Cinema Star Theater at the comer of "E"
and 41h Streets
Ne~otiatin~ Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Moctesuma Esparza on behalf
of Maya Cinemas North America, Inc.
Under Ne~otiations: Purchase price, terms and conditions.
Senior Deputy City Attorney Grider announced that the nine real property cases
listed under Agenda Item lA and the one real property case listed under 18
should have been listed under Agenda Item 10, conference with real property
negotiator; and this change is reflected in the minutes.
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.
Musical Presentation
In celebration of Cinco de Mayo, the Mariachi Youth Academy, directed by Oscar
Tostado, under the auspices of Tony Bocanegra, Executive Director of the Sinfonia
Mexicana, presented a short performance.
Moment of Silence
A moment of silence was observed in memory of Inger and Roy Olson, Babette
"Bobbie" Meyers, and Councilman Kelley's grandmother, Mamie Kelley.
Invocation/Pledge of Allegiance
The invocation was given by Minister Robert Strong of Ecclesia Christian Fellowship.
The pledge of allegiance was led by Artrell Winchell, a 51h grade student at Arrowhead
Elementary School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Corporal Anthony Negrete of the Beaumont Police Department expressed thanks
and appreciation to those San Bernardino police officers who participated in the
recent Redlands Bicycle Classic.
5
05/04/2009
Councilman Johnson presented the Citizen of the Month award to JoAnn Parker
in recognition of her many years of working with the San Bernardino
Pacesetters Drill Team, who recently took first place in the Los Angeles King
Parade on Martin Luther King Day.
Rabbi Hillel Cohn, chairman of the Bicentennial Ad Hoc Committee, provided
an overview of the various activities and events planned throughout the coming
year to celebrate the 200th anniversary of the founding of San Bernardino. Erin
Brinker, chair of the Public Relations & Marketing sub-committee, announced
that May 20, 2009, is the 199'" birthday of San Bernardino and there will be a
party and press conference at City Hall on that day starting at noon. She also
introduced the new bicentennial logo.
Gifts from San Bernardino's sister city, Tachikawa, Japan, were presented to
the Mayor and Council by City Clerk Rachel Clark.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, 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.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, 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: April 6,
2009. The motion carried unanimously.
6
05/04/2009
7. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated April 20,
2009, from Barbara Pachon, Director of Finance, be approved. The motion
carried UPAnimously.
8. Personnel Actious
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated April 29, 2009, 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
unAnimously.
9. 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 to represent Michael Desrochers and Steve Lowes in their
depositions in Kimberly Hearns v. City of San Bernardino, United States
District Court Case No. CV 03-1434 SJO (SGL).
City Attoruey Penman advised that this lawsuit had been settled; therefore, staff
was requesting that the matter be tabled.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be tabled. The motion
carried unanimously.
10. RES. 2009-106 - Resolution of the Mayor and Common Council of.the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Brunick, McElhaney & Beckett and the City of San
Bernardino for legal services in the claims of Miguel Vargas-Quiroz,
Elsaline Garcia, and Jaqueline Quiroz.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-106 was adopted unAnimously.
7
05/04/2009
lOA. Transfer of $259,000 from the Reserved General Fund to the City
Attorney's Litigation Budget
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized and
directed to amend the FY 2008/09 budget and app'ropriate $259,000 from the
Reserved General Fund to the City Attorney's Budget as follows: $176,000 to
Account No. 001-Q51-5503 (Litigation-Outside Attorneys) and $83,000 to
Account No. 001-Q51-5177 (Litigation Expenses). The motion carried
unanimously.
11. ORD. MC-1304 - An Ordinance of the City of San Bernardino amending
Chapter 19.06 (Commercial Districts), Section 19.06.010 (D), Section
19.06.020, Table 06.01 (G) (7) and Section 19.06.030, Table 6.03 (S) of the
San Bernardino Municipal Code (Development Code) related to
Senior/Congregate Care Housing. FINAL READING (Continued from
April 20, 2009)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance
No. MC-I304 was adopted unAnimously.
12. Authorize the Director of Development Services to execute Contract Change
Order No. One with GU7.tnAn Construction Co. for the reconstruction of the
Storm Drain and Catch Basin at Highland Avenue and "H" Street
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Development Services be
authorized to execute Contract Change Order No. One with Guzman
Construction Co. for the reconstruction of the Storm Drain and Catch Basin at
HigWand Avenue and "H" Street. The motion carried unanimously.
13. RES. 2009-107 - Resolution of the City of San Bernardino rescinding the
rejection of irrevocable offers of dedication for drainage and access
easements as delineated on Parcel Map No. 17375, generally located on the
northeast comer of Cajon Boulevard and University Parkway, and
accepting said easements.
Mayor/Chairman Morris advised that staff had requested that the resolution be
adopted at today's meeting rather than continuing it to the next meeting, as
noted on the agenda.
8
05/04/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-107 was adopted unanimously.
14. Resolution of the City of San Bernardino authorizing the execution of
Pipeline License Agreements with the BNSF Railway Company for sewer
relocation work to be performed by the City at Spruce Street and at 10th
Street, relative to the 1-215 widening.
Note: The resolution was not distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of May 18, 2009. The motion carried unanimously.
15. RES. 2009-108 - Resolution of the City of San Bernardino approving
Amendment No. One to a Services Agreement with Engineering Resources
of Southeru California, Inc. for design of street, storm drain, traffic signal,
and sound wall improvements along Victoria Avenue from Highland Avenue
to Lynwood Avenue.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-108 was adopted unanimously.
16. RES. 2009-109 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting a standard agreement to be used for pining
the permission of parcel owners to enter their property for the purposes of
conducting prescribed and/or structural training bums.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-109 was adopted unanimously.
17. RES. 2009-110 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute and administer
the grant agreement with the County of San Bernardino concerning the use
ofFY 08-09 and FY 09-10 Indian Gaming Special Distribution Funds.
Mayor/Chairman Morris advised that a budget amendment needed to be added
to the motion; and read the suggested language into the record.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2008/2009 budget by
9
05/04/2009
appropriating an additional $173,500 into both revenues and expenditures for
this program as outlined in the staff report dated March 31, 2009 from Mayor
Patrick J. Morris. The motion carried and Resolution No. 2009-110 was
adopted unanimously.
18. RES. 2009-115 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an Employment Agreement
between Keith L. Kilmer and the City of San Bernardino for the position of
Chief of Police to commence June 1, 2009.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-115 was adopted unanimously.
19. RES. 2009-111 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the extension of the term of the agreement with
Nelson Paving and Grading Corporation ("NPG") to June 30, 2009 and
authorizing the execution of an amendment to the agreement to provide for
additional services and increasing Purchase Order Number 302326 by an
additional $38,780.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-111 was adopted unanimously.
20. RES. 2009-112 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submitted grant application for the First 5
Emerging Needs 2009 Investment Initiative.
Council Member/Commissioner McCammack left the Council Chambers,
stating that she would abstain because First 5 is a business client, and returned
after the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-112 was adopted with McCammack abstaining.
21. RES. 2009-113 - Resolution of the Mayor and Common Council ofthe 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 Brinker, that said resolution be adopted. Resolution
No. 2009-113 was adopted unanimously.
10
05/04/2009
22. An Ordinance of the Mayor and Common Counell of the City of San
Bernardino amending Section 5.82.020 of the San Bernardino Municipal
Code relating to the violation of any condition of an Operator's Permit.
FIRST READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be laid over for final
adoption. The motion carried unAnimously.
23. Item deleted
24. Public Hearing - Resolution establishing certain fees for services; and
Ordinances regarding unauthorized signs and yard sales. (Continued from
April 20, 2009)
Note: The resolution and ordinances were not distributed with the backup
materials.
Resolution of the City of San Bernardino establishing certain fees for
services furnished by the City of San Bernardino, amending Resolution Nos.
89-471 and 91-148, and repealing Resolution Nos. 85-480, 88-405, 96-169,
96-189, 2000-283, 2008-149, 2008-177, and 2008-315. (24A)
An Ordinance of the Mayor and Common Council of the City of San
Bernardino, California adding Chapter 16.18 of the San Bernardino
Municipal Code regarding unauthorized signs on public property. FIRST
READING (24B)
An Ordinance of the Mayor and Common Counell of the City of San
Bernardino, California repealing and replacing Chapter 5.68 of the San
Bernardino Municipal Code regarding yard sales. FIRST READING (24C)
The hearing remains open.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson. that the matter be continued to the Council/
Commission meeting of May 18.2009. The motion carried unAnimously.
25. Public Hearing - formation of Underground Utility District
RES. 2009-114 - Resolution of the City of San Bernardino creating
Underground Utility District No. 35 generally located along portious of "H"
Street, between Kendall Drive and 40th Street and along portions of Kendall
Drive, southeasterly of "H" Street, in the City of San Bernardino.
11
05/04/2009
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Kelley 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. 2009-114 was
adopted unanimously.
26. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Lease Agreement
between the City of San Bernardino and Los Angeles SMSA Limited
Partnership, dba Verizon Wireless for the lease of nine hundred eighty
seven (987) square feet of City owned property at Fire Station No. 228
located at 3398 Highland Avenue for a cellular tower disguised as a
functional tire hose rack (APN 0285-191-05). (Continued from April 20,
2009)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of May 18, 2009. The motion carried unanimously.
27. Resolution of the City of San Bernardino approving License Agreement No.
09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for
maintenance of temporary shoring under the Mt. Vernon Viaduct between
2nd Street and 4th Street (BR#S4COO66). (Continued from April 20, 2009)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the matter be continued to the Council/
Commission meeting of May 18, 2009. The motion carried unanimously.
28. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of Services Agreement between the
City of San Bernardino and R3 Consulting Services, Inc., for services
related to the potential outsourcing of solid waste collection services.
Assistant City Manager Sassoon provided background information, ultimately
urging the Council to approve the agreement with R3 to analyze the potential
income to be realized from outsourcing the City's solid waste refuse operation.
She stressed that at this time she was simply recommending that they embark on
this research analysis to see if it might make sense for the City-she was not
recommending at this time that they outsource the operation.
12
05/04/2009
Dan Long, San Bernardino Public Employees Association (SBPEA), 433 N.
Sierra Way, San Bernardino, CA, spoke on behalf of those members in the
Integrated Waste Management (IWM) Division. He stated that staff had been
provided a packet of information from his office that included a copy of the
five-year business plan issued by R3 Consulting Group in May 2008 and a
request from SBPEA recommending that the City not go forward with this
recommendation from the City Manager's office.
He stated that in the business plan, R3 recommended against privatizing the
City's IWM Division for several reasons-basically taking the position that it
would be extremely difficult to determine the value of the contract until several
significant improvements were made to the fleet, the billing software, and the
route structure. He stated that he did not believe that the Public Services
Department has had the time or the resources since May 2008 to comply with
one year of R3's recommendations in the plan, let alone five years. With that
understanding, he asked the Council to save the $80,000 and not go forward
with the feasibility study requested by the City Manager's office, but instead
continue on with the previous recommendations from R3 and give the IWM
Division the opportunity to compete with the outside vendors, rather than
become an outside vendor.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2008/09 Refuse Budget to
increase Contractual Services by $72,500 and increase Revenue by $80,000.
(The vote was taken following additional discussion.)
Ms. Sassoon stated that she felt compelled to tell the Council that their options
are extremely limited at this point; and she thought they owed it to the
community to pursue this as a study. She pointed out that in the final analysis it
may not make sense financially. but she thought it would be unwise to face the
kind of budget the Council would soon be facing and not have the information
about whether or not this makes sense. She stated that the way the agreement is
structured, when the analysis is completed it would come back to the Council
for some decision making.
Council Member/Commissioner Estrada expressed concern that the City could
end up contracting all services; and before they move much faster in terms of
making such a major decision, that maybe they ought to sit down and examine
the whole issue of how much of the City's business they actually want to
contract.
13
05/04/2009
Ms. Sassoon stated that when they explored this in 2004 it was with a focus on
roll-off business only; and at that point, for a number of reasons, staff did not
recommend moving forward with any outsourcing. She explained that what
staff was recommending today is that they look at the broader picture.
Ms. Sassoon then explained that the way they would structure the deal is that the
$80,000 would not be a cost to the City. She stated that they had done this in
2004 and it worked well, where the proposers essentially bore the cost for us-
they paid a proposal fee just to essentially be part of our process.
Council Member/Commissioner Estrada stated that she was not certain that
going for a one-time sale of a major department was the way to go. She stated
that when they talk about redevelopment there is usually a multiplier factor that
is used-they say if you bring one job into the City of San Bernardino under
Hillwood (a developer at the former Norton Air Force Base), that job is going to
pay $80,000 and you multiply that six times because that family goes to the dry
cleaners, and to Stater Bros, etc., so they end up creating jobs and keeping that
money spinning around.
So if they apply the same multiplier effect to losing those jobs, you are not just
talking about selling the department for X number of millions of dollars-you're
selling it with that multiplier effect-which could be six or seven times that
amount. She stated that before they take this step that is something they really
ought to look at.
Council Member/Commissioner Brinker stated that he was skeptical of their
ability to solve the City's problems with this action; but having said that, he
thought they needed to take a clear look at what the problems are. He stated
that in any normal circumstance, he didn't think he would ever support
something like this, but he recognizes that they need to have all of their options
on the table-they have to be open to looking at what they can do to keep the
City moving forward. He stated that he thought they need to keep their options
open and they need information, and if they don't at least get that information
then they do themselves a disservice. He stated that he was going to support
going out for the report, but that was just one step of the process; and he
thought they had to be prudent and keep all options on the table no matter how
distasteful they may be so that they can make the best decision on down the line.
Council Member/Commissioner Baxter stated that although this is an
exploratory issue, he remembered when the State of California decided to
privatize some prisons and it turned out to be the most miserable debacle that
the State had gotten into. He stated that when he sees people who work for our
City he sees faces-he sees human beings out there-and he's proud of these
individuals. He stated that at this time he could not support this issue.
14
05/04/2009
Council Member/Commissioner McCammack stated that the crux of this
particular agenda item is that staff has all the information that they need-that
R3 did an excellent job the two times they provided the City with similar
information. She noted that the commercial end of the City's refuse business
subsidizes the residential portion.
Ms. McCammack stated that there are so many creative ways that they could fix
this money problem, and she presented them to the Council and staff back in
February and has not heard a word. She stated that she was unwilling to raise
refuse rates for residential service. Also, there would be no complaint process
that they, as elected officials, could use to resolve matters if the vendor doesn't
pick up the trash.
Council Member/Commissioner Kelley stated that if this is the direction that the
Council decides to go, there were a couple of things that he would like to have
included. He wanted to make sure that they are going to be looking at keeping
employees that are currently employed with the City of San Bernardino with
whichever vendor is selected; he wanted to make sure that there is a way to
include language that they hold the current rates for five years. He wants the
City to explore options for the PERS benefits for the employees that are here
currently, so if we've got a I5-year employee that they could be fully vested at
20 years; if we've got an employee that's been here just one year, that we could
at least vest them for five years. He wanted staff to look at what the value of
the franchise fee is going to be, if the sale should occur. He asked Ms. Sassoon
what the difference was between today and a few years back in 'Q4-how did
they get here today and why are they exploring this currently.
Ms. Sassoon stated that what has changed is the City's fmancial position. She
stated that until they go down this road they don't know what offers they might
receive. She also noted that what they are looking at is a one-time lump sum
payment; and then there is an ongoing franchise fee stream. However, there
still needs to be an analysis of how that compares to what they receive today.
She pointed out that the other issue here is that even if the operation, as it stands
today, is incredibly valuable and generates additional revenue, that revenue does
not benefit the General Fund-it benefits the Integrated Waste Mauagement
Fund; and because it is restricted funds, those funds have to go back into the
enterprise. She stated that they can capture back administrative overhead costs
and they can capture back rent. Therefore, even if the operation were to
become tremendously more efficient and generate additional revenue, that does
not benefit the General Fund; whereas, in the privatization scenarios that could
contribute to the General Fund.
City Attorney Penman expressed concern that the proposers will be the ones
paying the fee for this study, because the proposers are the private refuse
haulers. He stated that he was very concerned about this, and he cautioned all
15
05/04/2009
of the Council members that, if this motion passes, that they not meet with any
private refuse haulers by themselves-that they should have a witness present
and keep that conversation very open. In fact, they might want to have more
than one witness present. He cautioned that these are very serious matters they
were getting into.
Mr. Penman stated that he was not advocating that the City pay for this study,
but if the Council wanted a truly independent study they would be better off to
pay for it themselves than to have these refuse companies pay for it.
Council Member/Commissioner Johnson stated that the City has paid $100,000
to R3 Consulting already to do a study, and one of the things R3 said is that the
City needs to maximize its assets; and that's a step they haven't taken in this
whole process. He stated that even though the City's financial position has
changed, he was not really comfortable spending $72,000 more with the
consultant firm when they haven't taken the steps necessary to maximize their
assets.
Charles Greenwood, a City employee in the IWM Division, stated that there is
a lot of money in the City and staff can work with the IWM Division and make
more money, and they can figure out a way to spread it out. He stated that
Assistant City Mauager Sassoon had stated earlier that this was in the
community's best interest, but he wanted the community to know that currently
the community owns the employees, but if they go to privatization the
community will have no say. Also, if they go private, he questioned who was
going to help out in situations like the Old Fire and earthquakes-that he
doubted the private haulers would be there to help. He stated that the IWM
employees are there for the citizens and they are there for the City.
Council Member/Commissioner Estrada withdrew her second.
The motion failed for lack of a second.
Council Member/Commissioner McCammack stated that she hoped that the City
Mauager's office would now look at some other creative ways of raising
revenue-maybe selling our own asset back to ourselves, paying ourselves
franchise fees, making some creative moneymaking decisions that are legal
through Prop 2IS-that there is nothing illegal about the commercial end of the
business subsidizing the residential end of the business, and there are lots of
ways to make this a fruitful and profitable asset.
29. Receive and me - 2009 League of California Cities Legislative Action Days
Conference Update - Council Member Johnson
16
05/04/2009
Council Member/Commissioner Johnson advised that the main issue
communicated to the legislators was the deterioration of state and local financial
conditions. He stated that the key message from local officials to the legislators
was that balancing state and local budgets must be a priority; however, taking
local funds to balance the state budget is not an option-the state budget should
be balanced with state resources.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the report from the 2009 League of
California Cities Legislative Action Days Conference be received and filed.
The motion carried unanimously
30. Item deleted
31. Request from Council Member Kelley that the Mayor and Common Council
of the City of San Bernardino restore the twelve positions in the Fire
Department that were eliminated by action of the Mayor and Common
Council on February 17, 2009
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled. (The vote was taken
following public comments on the item.)
Council Member/Commissioner McCammack indicated she wanted to make a
substitute motion, but never actually articulated the language of her motion.
A discussion ensued among the Mayor, the City Attorney, and some of the
Council members as to whether it was appropriate for Ms. McCammack to
make a substitute motion, when there was a motion on the floor to table.
Ultimately, the substitute motion was not allowed and those Council members
who wanted to speak regarding the item joined those speaking from the public
podium.
The following individuals expressed support for restoring the twelve
positions to the Fire Department, resulting in staff'mg levels of four
f"lref"lghters per engine company:
Paul Sanborn;
Joe Arnett;
Steve Tracy, San Bernardino City Professional Firefighters;
Stephanie Nigg;
Tom Rubio, San Bernardino City Professional Firefighters;
Bob Evans, San Bernardino City Professional Firefighters;
James McMullen, Vice President, San Bernardino City Professional
Firefighters;
17 05/04/2009
Jay Lindberg;
Councilman Chas Kelley;
Sharon Lamphear;
Councilwoman Wendy McCammack;
Richard Lewis, San Bernardino City Professional Firefighters;
City Attorney Penman;
C. Patience Summers;
Diana Arvizo;
Scott Fisher;
Charles Greenwood;
Margie Arnett.
Several of the speakers stated that safety was their number one concern. Others
maintained that there is money available through grants and other means to fund
the positions-one of them being a ballot measure similar to Measure Z. Some
encouraged the City, the Fire Chief, and the Union to get together and work
collaboratively to obtain money to staff the engine companies pursuant to the
National Fire Protection Association (NFPA) 1710 staffing standards.
Tim Prince, a resident of San Bernardino, pointed out that these positions were
being staffed by overtime, which is an enormous benefit to the firefighters
union; noted that two of the chief advocates of this action, Council Members
Kelley and McCammack, receive large donations to their campaigns from Local
891; and that the Council needs to weigh the priorities of the entire City and
look at all things such as lights, streets, parks, and libraries.
The motion made by Council Member/Commissioner Brinker, seconded by
Council Member/Commissioner Baxter, that the matter be tabled carried by the
following vote: Ayes: Baxter, Brinker, Shorett, Johnson. Nays: Estrada,
Kelley, McCammack.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Senior
Assistant City Attorney Wilson, Economic Development Agency Interim
Executive Director Marzullo and Agency Counsel Sabo, City Clerk
Clark.
Absent:
None.
R32. Joint Public Hearing - TELACU Housing - San Bernardino V, Inc., 2009
Affordable Senior Citizen Rental Housing Low and Moderate Income
Housing Funds (Central City North Redevelopment Project Area)
(Continued from April 6, 2009)
18
05/04/2009
Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to the disposition of the Redevelopment Agency of
the City of San Bernardino's properties located on the northwest corner of
"G" and 4th Streets (APNs: 0134-093-019, 20, 43 and portions of 4S) to
TELACU Housing - San Bernardino V, Inc. for the development of 7S-Unit
Affordable Senior Citizen Rental Housing (Central City North
Redevelopment Project Area). (R32A)
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 2009 Affordable Senior Citizen Rental Housing Low and
Moderate Income Housing Funds Grant Disposition and Development
Agreement by and between the Agency and TELACU Housing - San
Bernardino V, Inc. (Affordable Senior Citizen Rental Housing Development
- Central City North Redevelopment Project Area). (R32B)
The hearing remains open.
Interim Executive Director Marzullo stated that staff had found some
inconsistencies with the advertising for this item and requested that the matter be
tabled. He stated that the item would be brought back in four weeks as a new
item with new documentation.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he had
been looking over the various redevelopment items on the agenda, and he felt
the Agency should be investing in things that work for the future-that we need
to start bringing indnstry back to this city. He stated that that is where our real
prosperity will be-rebuilding our manufacturing sector and promoting real
industrial growth in this country.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be tabled. The motion carried
by the following vote: Ayes: Baxter, Brinker, Shorett, Johnson. Nays:
Estrada, McCammack. Absent: Kelley.
R33. Public Hearing - American Recovery and Reinvestment Act of 2009 and
Amendments to Consolidated Plan
RES. 2009-116 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting and approving the City Manager of the City
of San Bernardino ("City") to submit an application to the Department of
Housing and Urban Development ("HUD") for Homelessness Prevention
and Rapid Re-Housing Program ("HPRP") Funds.
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05/04/2009
Mayor/Chairman Morris opened the hearing.
Emil Marzullo, Interim Executive Director of the Economic Development
Agency, explained that this is an entitlement grant under the Homeless
Prevention and Rapid Re-Housing Program, and the City has been entitled to
$1.455 million. He explained that staff had four to five weeks to put together a
process in order to file the required substantial amendment to the City's current
Annual Action Plan. He stated that with that substantial amendment the City is
essentially accepting the money, and then staff will come back to the Council at
some future date for direction as to how these monies will be allocated.
Council Member/Commissioner McCammack expressed concern and asked
questions regarding the 12-day citizen comment period, who the vendor would
be, and whether the City might already be violating the spirit of the grant
because verbiage in the application seemed to be in direct conflict with HUD's
description of what the grant must be. She stated she did not uuderstand how
the staff report could say there were no public comments, when the public
hearing was just taking place. She stated that before she could vote on this
grant she would like to know exactly what the Agency was going to do with the
money because it was not very clear.
Mr. Marzullo indicated that the City had a very short time frame to apply for
this grant, and if they don't get the application in, they simply don't get the
money. He noted that it's a noncompetitive grant-it's an entitlement-so they
are not competing with other agencies or other cities. If they don't accept the
money it will be re-allocated to other cities and counties. He stated that in terms
of how the program design might be-that would be up to the Council.
City Attorney Penman advised that in terms of whether or not the Council
could vote on it-he thought they could. He stated that it is obviously a
problematic situation when the staff report says there were no public comments
and they hadn't yet had the public hearing; however, he thought they were
legally entitled to go on.
Ms. McCammack noted that the application would require the Mayor's
signature and questioned how he could sign the document. She read the
following quote from the document, "I am aware that any false, fictitious, or
fraudulent statements or claims made may subject me to criminal, civil, or
administrative penalties made from signing this application.>> She questioned
how the Mayor could sign an application that says that there were no public
comments.
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05/04/2009
Mr. Marzullo explained that the application had not yet been submitted, and as
of the date the staff report was prepared, there were no public comments
received as a result of the public advertisement that was done. He stated that if
there had been one or more people commenting tonight, staff would obviously
amend the application. He pointed out that on page 4, No.3, it says, "No
public comments received to date." And to date, that is a correct statement-
they have not received any public comments.
Mr. Marzullo explained that staff had only a four-week time period to prepare
the application and they put in certain placeholders. When the application is
submitted they will amend whatever it is they need to amend to make it correct
for that day.
Council Member/Commissioner Estrada stated that she was in the same position
at Casa Ramona and the Academy. They were notified by the Department of
Education that these funds were available and had to reply immediately-in fact,
they were told to respond within 48 hours. So she understood the position in
which staff found itself.
Council Member/Commissioner Kelley stated that he understood Ms.
McCammack's concerns, but at the same time he wanted to commend Mr.
Marzullo for doing a great job in going out and hunting for these funds. He
stated that he hoped the new city mauager could start looking at ways to bring in
some stimulus money for the City's public safety needs, or for parks and
community centers.
Council Member/Commissioner Brinker stated that Mr. Kelley had raised a
good point, and he didn't know if this was the appropriate time to request it, but
he felt the Council should probably, in the near future, have some sort of study
session about these stimulus monies to make sure that they are going after every
dollar that is available to them. He stated that they had some discussion at a
previous meeting about some money for police officers, but they need to have a
bigger picture of what monies are available and what is being done to obtain
them.
Mayor/Chairman Morris advised that staff was and has been, department by
department, looking at every item that comes from HUD, from the COPS grant,
and other opportunities; and they are making those applications as they speak-
some like this are in progress, others are on their way.
Council Member/Commissioner Estrada stated that she hoped this program was
not going to create more problems than what it was going to solve. She stated
that she understands and is empathic to the needs of the homeless community-
and it's something that they've got to deal with; but she doesn't want to
encourage bringing more homeless people to San Bernardino.
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05/04/2009
Mayor/Chairman Morris advised that this Council would ultimately make the
decision as to how these resources are allocated, for what purposes, and to
whom.
City Attorney Penman stated that John Wilson, Sr. Asst. City Attorney, had
expressed his concern about this particular grant for that very reason-that they
are going to find themselves in a position where they are going to be at a
minimum pressured, if not required, to provide vouchers to people. He stated
he was pleased to hear the Mayor say that the Council would make the final
decision, but he thought they ought to be very careful about what that fina1
decision is, because from what he gathered from Mr. Wilson they may not have
complete freedom as to how this money is spent, or at least who it is spent on;
and they may find themselves having to provide vouchers to homeless people
not only from out of the city, but out of the county and even out of the state.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and said resolution
be adopted. The motion carried and Resolution No. 2009-116 was adopted
with McCammack abstaining and Kelley absent.
R34. RES. CDC/2009-1S - Resolution of the Community Development
Commission of the City of San Bernardino, California, approving a
Professional Services Agreement with Fernando S. Portillo, and authorizing
execution thereof, providing for Professional Housing Finance and Program
Development Consultant Services on behalf of the Neighborhood
Stabilization Program.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-1S was adopted with Kelley absent.
R35. Global Mobilehome Park Corporation - Purchase and Sale Agreement to
facilitate Neighborhood Stabilization Program activities
RES. CDC/2009-16 - Resolution of the Community Development
Commiqlon of the City of San Bernardino approving that certain Purchase
and Sale Agreement by and between the Redevelopment Agency of the City
of Pomona and the Redevelopment Agency of the City of San Bernardino
relating to the acquisition of the Global Mobilehome Park Corporation, a
non-prof"lt corporation.
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05/04/2009
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. CDC/2009-16 was adopted with McCammack voting "no" and Kelley
absent.
R36. RES. CDC/2009-17 - Resolution of the Community Development
Commi~sion of the City of San Bernardino, California, 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
Agreement for Auditing Services by and between the Agency and Rogers,
Anderson, Malody & Scott, LLP.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-17 was adopted with Kelley absent.
R37. RES. 2009-117 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to the funding of Amendment No. 1 to the
Agreement for Professional Services by and between the Redevelopment
Agency of the City of San Bernardino ("Agency") and Willdan Engineering
for Sanitary Sewer Line Relocation Desigu and Constrnction Management
for the State Courthouse Project and making certain f"lndings and
determinations pursuant to Health & Safety Code Section 33445 as to the
benef"lt to the Southeast Industrial Park Redevelopment Project Area for
undertaking of the Design and Constrnction Management of the public
improvement (Central City East Redevelopment Project Area). (R37A)
RES. CDC/2009-18 - 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 Agreement for
Professional Services by and between the Agency and Willdan Engineering
for Sanitary Sewer Line Relocation Design and Construction Management
for the State Courthouse Project (Central City East Redevelopment Project
Area). (R37B)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2009-117 and Community
Development Commission Resolution No. CDC/2009-18 were adopted with
Kelley absent.
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05/04/2009
R38. Neighborhood Housing Services of the Inland Empire ("NHSIE") Quarterly
Update of Program Activities
Council Member/Commissioner McCammack stated she would abstain because
NHSIE is a business client. She left the Council Chambers and returned after
the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Community Development Commission
of the City of San Bernardino receive and file the Neighborhood Housing
Services of the Inland Empire ("NHSIE") Quarterly Report through March 31,
2009. The motion carried with McCammack abstaining and Kelley absent.
R39. Consulting and Services Agreement with Concepcion Powell for Economic
Development Marketing with Hispanic Community
RES. CDC/2009-19 - Resolution of the Community Development
Commi"Sion of the City of San Bernardino, California, approving a
Professional Services Agreement with Concepcion Powell and authorizing
execution thereof, providing for professional International Relations and
Business Affairs Consultant Services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. CDC/2009-19 was adopted with Kelley absent.
R40. Monique Fell - Establishment of a temporary employment position for an
Economic Development Specialist
Resolution of the Community Development Commission of the City of San
Bernardino, California, approving a temporary employment arrangement
with Monique Fell to provide economic development services on behalf of
the Redevelopment Agency of the City of San Bernardino.
Mr. Marzullo requested a four-week continuance of this item.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of June 1, 2009. The motion carried with Kelley
absent.
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05/04/2009
41. Public Comments
Berta Contreras, spoke regarding the services offered by her business,
Bienestar, located at 191 South "E" Street, San Bernardino, CA. The business
is one of eleven centers-the first established in 1989 as a grass-roots, non-profit
community service organization as a direct result of lacking and non-existent
HIV / AIDS services for the Latino community .
Jay Lindberg, who recently suffered a heart attack, highly recommended St.
Bernardine's Hospital for the care he received; and spoke regarding his new
solar promotion business.
Betty Jean Long spoke regarding being swindled out of her husband's life
insurance by individuals in San Bernardino.
C. Patience Summers spoke regarding the lack of transparency by the
nonprofits .
Anne Mears asked the Mayor and Council to declare the month of May as
Lyme Disease Awareness Month.
39. Acljoumment
At 7:45 p.m. the meeting adjourned. The next joint regular meeting is
scheduled for 1:30 p.m., Monday, May 18, 2009.
By:
RACHEL G. CLARK
City Clerk
~.E.~
Linda E. Hartzel
Deputy City Clerk
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05/04/2009