HomeMy WebLinkAbout05-04-2009 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCammack
~
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 "D" 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 Kelley 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 - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et al. v. City of San Bernardino, et al. - 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 SJO (SGLx);
Town of Apple Valley, et al. v. County of San Bernardino (Waste
Disposal Agreement Litigation) - Los Angeles County Superior Court,
Case No. KC 049711 "J";
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 Highland, 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:
5th Street and Meridian A venue Project
1. Property Address: 2618 West 5th Street, San Bernardino
APN: 0142-522-26
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Ryan Rangel, owner
Under Negotiation: Purchase price, terms and conditions.
2. Property Address: 2619 West 5th Street, San Bernardino
APN: 0142-522-38
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Gilbert Badillo, owner
Under Negotiation: Purchase price, terms and conditions.
3. Property Address: 2632 West 5th Street, San Bernardino
APN: 0142-522-42
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Ismael Mendoza and Gilbert
Badillo, et aI., owners
Under Negotiation: Purchase price, terms and conditions.
4. Property Address: 2638 West 5th Street, San Bernardino
APN: 0142-522-41
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Ismael Mendoza and Gilbert
Badillo, et aI., owners
Under Negotiation: Purchase price, terms and conditions.
3
05/04/2009
5. Property Address: 2642 West 5th Street, San Bernardino
APN: 0142-522-13
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Francisco Huesca, owner
Under Negotiation: Purchase price, terms and conditions.
6. Property Address: 2669 West 5th Street, San Bernardino
APN: 0142-522-10
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Jose Ramirez, owner
Under Negotiation: Purchase price, terms and conditions.
7. Property Address: 2670 West 5th Street, San Bernardino
APN: 0142-522-15
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Chau Nguyen, owner
Under Negotiation: Purchase price, terms and conditions.
8. Property Address: 2683 West 5th Street, San Bernardino
APN: 0142-522-09
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency. and Abel Martinez, owner
Under Negotiation: Purchase price, terms and conditions.
9. Property Address: 2694 West 5th Street, San Bernardino
APN: 0142-522-17
Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Mary Do, owner
Under Negotiation: Purchase price, terms and conditions.
4
05/04/2009
10.
Property Address:
Cinema Star Theater at the corner of "E"
and 4th Streets
Negotiating 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 Negotiations: 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 IB
should have been listed under Agenda Item IG, 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 5th 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 199th 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 unanimously.
8. Personnel Actions
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 Conunon 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 Attorney 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 Conunon 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
1OA. 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 appropriate $259,000 from the
Reserved General Fund to the City Attorney's Budget as follows: $176,000 to
Account No. 001-051-5503 (Litigation-Outside Attorneys) and $83,000 to
Account No. 001-051-5177 (Litigation Expenses). The motion carried
unanimously.
11. ORD. MC-1304 - An Ordinance of the City of San Bernardino amending
Chapter 19.06 (Conunercial 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-1304 was adopted unanimously,
12. Authorize the Director of Development Services to execute Contract Change
Order No. One with Guzman 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
Highland 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 corner 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 Southern 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 Conunon Council of the City
of San Bernardino adopting a standard agreement to be used for gaining
the permission of parcel owners to enter their property for the purposes of
conducting prescribed and/or structural training burns.
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 Conunon 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
of FY 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 Conunon 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 conunence 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 Conunon 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 Conunon 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 McCanunack abstaining.
21. RES. 2009-113 - Resolution of the Mayor and Conunon Council of the City
of San Bernardino ratifying submittal of the Funding Request Form to the
Department of Conservation, Division of Recycling for California beverage
container recycling and litter reduction activities.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-113 was adopted unanimously.
10
05/04/2009
22. An Ordinance of the Mayor and Conunon Council 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 sigus 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 Conunon Council of the City of San
Bernardino, California adding Chapter 16.18 of the San Bernardino
Municipal Code regarding unauthorized sigus on public property. FIRST
READING (24B)
An Ordinance of the Mayor and Conunon 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 (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 portions 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 Conunon 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 Verlzon 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 fire 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#54C0066). (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 Ihe Council!
Commission meeting of May 18, 2009. The motion carried unanimously.
28. Resolution of the Mayor and Conunon 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 15-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 '04-how did
they get here today and why are they exploring this currently.
Ms. Sassoon stated that what has changed is the City's financial 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 Management
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 Manager 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
Manager'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 218-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 file - 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 Conunon Council
of the City of San Bernardino restore the twelve positions in the Fire
Department that were eliminated by action of the Mayor and Conunon
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 staffing levels of four
firefighters 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 Sununers;
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 Conunon 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 45) to
TELACU Housing - San Bernardino V, Inc. for the development of 75-Unit
Affordable Senior Citizen Rental Housing (Central City North
Redevelopment Project Area). (R32A)
Resolution of the Conununity Development Conunission 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 industry 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, McCanunack. 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 Conunon 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 ("mID") for Homelessness Prevention
and Rapid Re-Housing Program ("HPRP") Funds.
19
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 understand 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.
20
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 manager 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.
21
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 final
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 McCanunack abstaining and Kelley absent.
R34. RES. CDC/2009-15 - Resolution of the Conununity 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/2009-15 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 Conununity Development
Conunission 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-profit corporation.
22
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 Conununity Development
Commission 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 Conunon 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 Design and Construction Management
for the State Courthouse Project and making certain findings and
determinations pursuant to Health & Safety Code Section 33445 as to the
benefit to the Southeast Industrial Park Redevelopment Project Area for
undertaking of the Desigu and Construction Management of the public
improvement (Central City East Redevelopment Project Area). (R37A)
RES. CDC/2009-18 - Resolution of the Conununity 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 Conunon Council Resolution No. 2009-117 and Conununity
Development Commission Resolution No. CDC/2009-18 were adopted with
Kelley absent.
23
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 McCanunack abstaining and Kelley absent.
R39. Consulting and Services Agreement with Concepcion Powell for Economic
Development Marketing with Hispanic Conununity
RES. CDC/2009-19 - Resolution of the Conununity Development
Commission 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 Conununity 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.
24
05/04/2009
41. Public Conunents
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 Mayas
Lyme Disease Awareness Month.
39. Adjournment
At 7:45 p.m. the meeting adjourned. The next joint regular meeting IS
scheduled for 1:30p.m., Monday, May 18, 2009.
By:
RACHEL G. CLARK
City Clerk
i~ z:.~
Linda E. Hartzel'
Deputy City Clerk
25
05/04/2009