HomeMy WebLinkAbout02-04-2008 MinutesCITY OF SAN BERNARDINO
300 N. `D " Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 4, 2008
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:39 p.m., Monday, February 4, 2008, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley Arrived
At 1:42 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission
meeting.
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 al. v. City of San Bernardino - United States District
Court Case No. CV 00-3048;
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RDA v. Alvarez - San Bernardino Superior Court Case No. SCVSS
86091;
People v. Manta Management Corp. - San Bernardino Superior Court
Case No. SCVSS 117285;
People v. Manta Management Corp. - San Bernardino Superior Court
Case No. SCV 18157;
In the matter of the disability retirement application of Garrett Zimmon;
Richard "Scott" Moss et al. v. City of San Bernardino, San Bernardino
Fire Department, et al. - United States District Court Case No. ED CV
07-01027 SGL (OPx);
Jonneshia Reese et al. v. City of San Bernardino, et al. - United States
District Court Case No. CV 05-01045 JWJ United States Court of Appeals
Docket No. 08-55102.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City Redevelopment Project Area
1. Property Address: Northwest corner of 4' and "G" Streets
APNs: 0134-093-19, 20 and 43, and
0134-093-45
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Negotiating Parties: Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, as owner, and TELACU Housing -
San Bernardino V. Inc., as buyer
Under Negotiation: Purchase price, terms, and conditions
Assistant City Attorney Easland announced that the following additional items
would be discussed in closed session:
Under Agenda Item 1A, Existing Litigation:
In the matter of the disability retirement application of Garrett Zimmon, Case
No. OAH 2O07080890;
Under Agenda Item No. 1B, Significant Exposure to Litigation:
Agenda Item No. 29;
In the matter of Gina Meyer; and
The City's Memorandum of Understanding with the Water Department.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor Morris extended condolences to the family and requested a moment of silence in
memory of Wilbur Brown, longtime City resident and community leader who was one of
the founders of the Westside Action Group (also known as WAG), founder of the Black
Athletes Hall of Fame, and one of the founders of the Black Culture Foundation.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Fred Adams of the Rock Church & World
Outreach Center, followed by the pledge of allegiance, led by Councilman Neil Derry.
2. Appointments
A. Appointment - Luis Nolasco - Youth Advisory Commission - Rialto High
School Appointee - Mayor Morris
B. Re -appointment - Warren Cocke - Board of Water Commissioners -
Mayor Morris
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C. Appointment - Ms. Johnnie Ann Ralph - Historical Preservation
Commission - Council Member Brinker
D. Appointment - Rahman Bell - Youth Advisory Commission - Council
Member Johnson
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the appointments and re -appointment A-D, as
requested by Mayor Morris, Council Members Brinker and Johnson, be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
3. Presentations
Mayor Morris presented a Resolution of Commendation to retired Police Chief
Warren Cocke in acknowledgment of his contributions as a commissioner on the
Board of Water Commissioners and his many years of dedicated service to the
City.
Mayor Morris presented a Resolution of Commendation to Ken Durr on the
occasion of his retirement after ten years of dedicated service as a Planning
Commissioner.
Mayor Morris introduced Kari Jenkins as the newly appointed Director of
Housing for the Economic Development Agency.
Ricky Piercy, President and CEO of the Lewis Center for Educational Research,
and Robert Barksdale, founding Principal of the Norton Space and Aeronautics
Academy, spoke about the Norton Space and Aeronautics Academy. He stated
that this new charter school will open in September 2008, and is located at
Central and Waterman in the City of San Bernardino.
Tracylyn Sharrit, President of the San Bernardino Sunset Rotary Club, stated that
they received a Community Opportunity Grant for $7,000 from Rotary District
5330 to fund a project called "Cleaner and Safer Communities." She stated that
the Sunset Rotary Club partnered with Los Padrinos and the newly opened
Lowe's located on Hallmark Parkway, and have identified four areas of blight as
their project sites.
Councilman Rikke Johnson presented a Resolution of Commendation to Kimberly
Benton, 20 year old daughter of Michael and Denise Benton, in honor of being
selected Miss Black San Bernardino 2008.
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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 Estrada, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, 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: November
26,2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated January 14, 2008, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
5 02/04/2008
8. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Chief Examiner, dated February 1, 2008 in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City of
San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9. RES. 2008-36 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the hiring of Arias & Lockwood to represent the
City and any designated employee regarding the case entitled Jane Batey,
Dan Batey v. City of San Bernardino, et at., Superior Court Case No. SCVSS
141503.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-36 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2008-37 - Resolution of the Mayor and Common Council of the City of
San Bernardino amending the local cable franchise agreement with
Stubblefield Construction dba Mountain Shadows Cable TV System and
ratifying all action prior to January 2, 2008.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-37 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. Authorization for the Director of Development Services to execute Contract
Change Order No. One to the contract with Roadway Engineering &
Contracting, Inc. for storm drain and street improvements on Belmont
Avenue, west of Little League Drive (SD-B), per Project Plan No. 11528
6 02/04/2008
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the Director of Finance be authorized to
amend the FY 2007/08 budget by transferring $49,000 from Account No. 129-
367-5504-7156 (SS-C) "Street Safety Improvements at Various Locations" to
Account No. 129-367-5504-7166 (SD-B) "Box Culvert Repairs," and transferring
$36,000 from Account No. 248-368-5504-7260 (SD04-07) "Baseline Street Storm
Drain" to Account No. 248-368-5504-7166 (SD-B) "Box Culvert Repairs"; and
that the Mayor and Common Council authorize the Director of Development
Services to execute Change Order No. One in the amount of $9,950 to a contract
with Roadway Engineering & Contracting, Inc. for storm drain and street
improvements on Belmont Avenue, west of Little League Drive (SD-B), per
Project Plan No. 11528.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
12. RES. 2008-38 - Resolution authorizing the City of San Bernardino to submit
projects and commit funding for FY 2008/2009-2013/2014 Regional
Transportation Improvement Program (RTIP).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-38 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2008-39 - Resolution of the City of San Bernardino establishing fair
market value of certain real property located on Boyd Street, north of
Cluster Street, commonly known as Assessor's Parcel Number 0136-051-45,
relative to the expansion of the City Yards, authorizing said purchase and
authorizing and directing the execution of a sales and purchase agreement.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to proceed with the acquisition of that certain real property located on
Boyd Street, north of Cluster Street, and do all things necessary to conclude said
acquisition; that the Director of Finance be authorized to amend the FY 2007/08
adopted budget and appropriate $102,100 from the Sewer Fund unallocated fund
balance to Account No. 132-431-5720 (Land Purchase); and that said resolution
be adopted.
7 02/04/2008
The motion carried and Resolution No. 2008-39 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2008-40 — Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Parcel Map No. 17987, located
on the east side of Waterman Avenue and 900 feet south of Mill Street in the
Office Industrial Park (OIP), and Industrial Light (IL) Land Use Districts,
and accepting the public dedications as set forth on said map.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-40 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. Report to the Mayor and Common Council on Councilwoman McCammack's
attendance at the League of California Cities Housing, Community and
Economic Development Policy Committee as well as the Revenue and
Taxation Policy Committee Meetings in Sacramento
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of February 19, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
16. RES. 2008-41 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to execute a revised consultant
services agreement with Accela Inc. for the purchase of software for the
automation of development processes; and amending Resolution 2008-1.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-41 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8 02/04/2008
17. RES. 200842 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Director of Finance or designee to issue a
purchase order to Motorola in the amount of $43,599.39 and GTSI Corp. in
the amount of $46,915.72 for communication equipment.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-42 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2008-43 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the purchase of 12 Panasonic Mobile Data
Computer (MDC) devices from GTSI Corporation.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-43 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. Resolutions authorizing execution of an agreement and issuance of a purchase
order to Time Warner Cable for direct internet service and confirming the
automatic rescission of the authorizations granted by Resolution 2007-347
RES. 2008-44 - Resolution of the Mayor and Common Council of the City of
San Bernardino confirming the automatic rescission of the authorizations
granted by Resolution 2007-347. (19A)
RES. 2008-45 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and issuance of a
purchase order to Time Warner Cable for direct internet service. (19B)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions A&B, be adopted.
Resolution Nos. 2008-44 and 2008-45 were adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
9 02/04/2008
20. Annual report of the Bicentennial Ad Hoc Committee
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said report be received and filed.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
21. RES. 2008-46 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing a three-month extension of contracts and the
issuance of purchase orders to Golden West Landscape Contractor for the
landscape maintenance of Assessment District Areas "A", "B", "C", °°G",
and "H", and ratifying any action taken between February 1, 2008, and the
date that this resolution is adopted.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-46 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2008-47 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement for the San
Bernardino Community College District to use the City of San Bernardino
Police Department's Firing Range.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-47 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. Authorize the Director of Finance to amend the FY 2007/08 Budget in order
to fully fund contract street repairs
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2007/08 budget by transferring $90,000 from Account No. 135-
378-5504-7686 (Sierra Way Pavement Rehabilitation) into Account No. 135-378-
5504-7362 (Residential Street Repair).
10 02/04/2008
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
24. RES. 2008-48 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement and increase to
Contract Purchase Order Number 08-070 by an additional $75,000 to
Applied LNG Technologies pursuant to Section 3.04.010 B-3, of the
Municipal Code for the purchase of LNG fuel.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-48 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. An ordinance of the City of San Bernardino amending Sections 6.04.020,
6.08.145, 6.08,220 and 6.09.020 to Title 6 of the San Bernardino Municipal
Code relating to animals. FIRST READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, ,Derry, .Kelley, Johnson, McCammack.
Nays: None. Absent: None.
26. RES. 2008-49 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City Manager to execute the Memorandum
of Understanding between the County of San Bernardino and the City of San
Bernardino for the Operation Phoenix Eastern Area. (Continued from
January 22, 2008)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2008-49 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2008-50 - Resolution of the Mayor and Common Council of the City of
San Bernardino supporting the San Bernardino County Homeless
Partnership.
11 02/04/2008
Marci Atkins, Homeless Advocate Officer for the City of San Bernardino Police
Department, provided a PowerPoint presentation on the San Bernardino Police
Department's Homeless Advocacy Program, which was designed two years ago
to address chronic law enforcement issues related to individuals who are homeless
and/or mentally ill.
Isaac Jackson, Homeless Services Coordinator for the County of San Bernardino,
stated that according to the 2007 point -in -time count and survey, homelessness in
the County is growing, and a comprehensive, collaborative, and well -thought-out
plan is needed to address the problems. He stated that Supervisor Josie Gonzales
requested a call to action to develop a County -wide public and private partnership
to coordinate services and resources to end homelessness in San Bernardino
County. A task force composed of Supervisor Gonzales, one of her field
representatives, a staff member from the City of San Bernardino, the Director of
Behavioral Health, a member of the County administrative office, and
Community Action Partnership was charged with looking at the existing homeless
coalition and assessing the current operations of that organization. He stated that
their work produced a new, stronger organization and an operational framework
for the new San Bernardino County Homeless Partnership.
Mr. Jackson stated that the mission of the San Bernardino County Homeless
Partnership is to provide a system of care network that is inclusive, well planned,
coordinated, evaluated and accessible to all who are homeless or are at risk of
becoming homeless.
Mr. Jackson stated that their goal today and throughout the next few weeks was to
get cities to support the partnership through a resolution. He stated that they have
two major goals. He stated that they completed their first goal of conducting a
Homeless Summit in 2007, and their second goal was to develop a ten-year plan
to end chronic homelessness. Mr. Jackson stated that a draft of their ten-year
plan was due to be released in December 2008. He noted that they received a
$7.3 million HUD grant that will be used to address homelessness throughout the
County.
Council Member/Commissioner Derry stated that they were being asked to pass a
resolution to support something without a definition of what the concept is or
where it's going. He stated that he did not want the services to be provided here
in San Bernardino because most of the County Government social services are
provided here.
Mayor/Chairman Morris stated that since the 2003 point -in -time survey, the
homeless population has increased County -wide by 25 percent. He stated that the
County of Riverside adopted an aggressive plan to deal with the issue and their
homeless population in that same time period decreased by a similar number
because they dealt with it in a County -wide, holistic way. He stated that the City
is in need of that kind of planning and this would simply be a commitment to
12 02/04/2008
work together with all the other cities, the County, the non -profits, the churches,
and with the police departments in a way that would create an inclusive, well
planned, coordinated and evaluated care network.
Council Member/Commissioner Kelley was concerned that the consultant would
be the only one to benefit from this plan, and they would never be able to fix the
problem.
Council Member/Commissioner Johnson stated that because San Bernardino is the
largest City in the County, he felt it was incumbent upon them to take the lead in
the process of dealing with homelessness.
Council Member/Commissioner McCammack stated that the City's noise
ordinance and the moratorium on nuisance businesses are not being enforced,
which contributes to the homeless problem.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-50 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council
Members/Commissioners Derry, Kelley, McCammack. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
R28. Designate Agency Check Signers and Appoint Secretary of the Commission
RES. CDC/2008-5 — Resolution of the Community Development Commission
of the City of San Bernardino, California, designating check signers and
countersigners for the Redevelopment Agency of the City of San Bernardino
and/or the City of San Bernardino Economic Development Agency checks
and wire transfers, and repealing Resolution No. CDC/2006-46. (R28A)
RES. CDC/2008-6 — Resolution of the Community Development Commission
of the City of San Bernardino, California, authorizing the appointment of
Emil A. Marzullo as Secretary of the Commission and authorizing the
reconfirmation of Don Gee as Assistant Secretary of the Commission, and
repealing Resolution No. CDC/2006-47. (R28B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that said resolutions A&B, be adopted.
Resolution Nos. CDC/2008-5 and CDC/2008-6 were adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
13 02/04/2008
PLANNING
29. Public hearing - Conditional Use Permit No. 07-28 (Appeal No. 07-06) - An
appeal of the Planning Commission's approval of a telecommunications
facility and associated equipment on a site located on the north side of
Baseline Street, approximately 245 feet east of Pennsylvania Avenue, in the
CG-1, Commercial General, land use district
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, Deputy Director/City Planner, stated that this project site is unique
in its configuration in that it is 50 feet wide and over 400 feet deep. She stated
that there are currently two existing monopalm facilities on the site and another
was recently approved. She stated that the current proposal would add a fourth
monopalm to the existing compound, and that this project would include
completion of a decorative perimeter wall around the entire compound and
additional landscaping that would result in a total of nine live palm trees and other
existing trees to camouflage the four monopalms.
Ms. Rahhal stated that at the Planning Commission hearing there were two
individuals who spoke in opposition to the project and they cited their concerns
about the potential impact of the radio frequency (RF) emissions on public health.
At that hearing, the Deputy City Attorney advised the Planning Commission and
the citizens of the Federal Telecommunications Act of 1996, which prohibits local
governments from considering the environmental effects of RF emissions in their
decisions for telecommunications facilities. Given that information, the Planning
Commission unanimously approved Conditional Use Permit No. 07-28 as
recommended in the staff report, and based on the findings in the Development
Code.
Ms. Rahhal stated that the appellant then filed an appeal and submitted the
supporting documents that were contained in the backup materials that speak
primarily to the issue of the environmental effects of RF emissions. Based on the
information that was considered by the Planning Commission and the stated
purpose of the appeal, Ms. Rahhal stated that staff was recommending that the
Mayor and Common Council deny Appeal No. 07-06 and uphold the action of the
Planning Commission to approve Conditional Use Permit No. 07-28, based on the
Findings of Fact contained in the Planning Commission staff report, and subject
to the Conditions of Approval and Standard Requirements attached to the staff
report.
Council Member/Commissioner Johnson stated that he was concerned with the
clustering of these trees in a residential neighborhood, and he felt that this issue
should be discussed further by the Legislative Review Committee.
14 02/04/2008
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony.
Father Patrick S. Guillen, 2002 S. Magnolia, Ontario, CA, requested that a
moratorium be placed on this project until a more thorough environmental impact
study is done.
The following individuals spoke in opposition to the project:
Ovidio Granados, 1225 Pennsylvania, San Bernardino, CA;
Daniel F. Morales, 18961 Mandina Avenue, Riverside, CA;
Teresa Quintero, 1865 W. 13th Street, San Bernardino, CA;
Lorenzo Pelayo, 1880 W. 13'hStreet, San Bernardino, CA;
Ofelia M. Torres, 1895 W. 13'hStreet, San Bernardino, CA;
Elsa Pelayo, 1880 W. 13" Street, San Bernardino, CA;
Yolanda M. Rivero, Concerned Neighbors Committee, 753 W. Evans, No. 18,
San Bernardino, CA.
Lucia Ortega, Agent for Team Mobile, 9431 Haven Avenue, Suite 222, Rancho
Cucamonga, CA, addressed some of the concerns raised by the citizens such as
the height of the monopalms, noise, falling palms, and the need for additional
cellular service. She stated that they reviewed several site locations and they
determined that this site was the best location for their needs.
Council Member/Commissioner Estrada requested staff to bring back a map
showing the location of every cell tower site in the City.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; that the Mayor and
Common Council uphold Appeal No. 07-06, and that staff be directed to prepare
and bring back findings of fact for denial of Conditional Use Permit No. 07-28 to
the Council meeting of February 19, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Kelley, Johnson, McCammack. Nays: Council
Members/Commissioners Baxter, Brinker, Derry. Absent: None.
30. Public Comments
Betty Jean Long, 1541 N. "G" Street, San Bernardino, CA, spoke about the
homeless situation.
15 02/04/2008
31. Adjournment
At 6:24 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for 1:30 p.m., Tuesday, February 19, 2008, in the Council Chambers, 300
North "D" Street, San Bernardino, California.
No. of Items: 31
No. of Hours: 5
RACHEL G. CLARK
City Clerk
By
Linda Sutherland
Deputy City Clerk
16 02/04/2008