HomeMy WebLinkAbout06-01-2009 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Potril:k J. Morris
Council Members:
Esther EstratkJ
Dennis J. Baxter
Tobin Brinker
Fred Shorett
Coo. Kelley
Rikke Van Johnson
Wendy McCanI11IlU:k
~
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 1, 2009
COUNCIL CHAMBERS
The joint regnlar 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 1:36 p.m., Monday, June 1, 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, McCanunack; City Attorney
Penman, City Manager McNeely, City Clerk Clark.
Absent:
None.
Council Member/Commissioner Kelley Excused
At 9:03 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):
Yvonne Barnes, et aI. v. City of San Bernardino, et al. - San Bernardino
County Superior Court, Case No. CIVSS 807102;
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06/01/2009
Edward Kin~ and Aia Jae~er v. City of San Bernardino, Officer Adam
Affronti, Officer Elizabeth Contreras - United States District Court,
Case No. CV 09-01339;
Walker, Jennifer v. City, et aI. - San Bernardino County Superior
Court, Case No. CIVSS 806544;
Belinski, Paul v. City, et aI. - U.S. District Court, Case No. CV08-
8571;
Walker, Robert v. City, et aI. - San Bernardino County Superior Court,
Case No. CIVSS 814767;
Daves, Edward, et al. v. City, et aI. - San Bernardino County Superior
Court, Case No. CIVSS 815804;
Vinson, Demariae v. City, et al. - San Bernardino County Superior
Court, Case No. CIVSS 818649.
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:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Claim of Sochilt Martinez
Claim of Travis Walker
Claim of Steve Lowes
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.
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.
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06/01/2009
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property Address:
N e~otiatin~ Parties:
Under Ne~otiation:
2. Property Address:
Ne~otiatin~ Parties:
Under Ne~otiation:
3. Property Address:
Ne~otiatin~ Parties:
Under Ne~otiation:
4. Property Address:
South Stoddard Street, San Bernardino
(Land Only)
APN: 0136-032-23
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Dick Larsen, Treasurer-Tax
Collector of the County of San Bernardino
Purchase price, terms and conditions.
1348 West Union Street, San Bernardino
(Land Only)
APN: 0139-231-34
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Dick Larsen, Treasurer-Tax
Collector of the County of San Bernardino
Purchase price, terms and conditions.
1256 North Wall Street, San Bernardino
(Land Only)
APN: 0146-241-07
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Dick Larsen, Treasurer-Tax
Collector of the County of San Bernardino
Purchase price, terms and conditions.
2355 North Ramona Street, San Bernardino
(Land Only)
APN: 0148-173-07
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06/01/2009
Ne~otiatin~ Parties:
Under Ne~otiation:
5. Property Address:
N e~otiatin~ Parties:
Under Ne~otiation:
6. Property Address:
Ne~otiatin~ Parties:
Under Ne~otiation:
7. Property Address:
N e~otiatin~ Parties:
Under Ne~otiation:
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Dick Larsen, Treasurer-Tax
Collector of the County of San Bernardino
Purchase price, terms and conditions.
842 East Highland A venue, San Bernardino
(Store Building)
APN: 0150-321-14
Emil A. Marzn1lo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Dick Larsen, Treasurer-Tax
Collector of the County of San Bernardino
Purchase price, terms and conditions.
686 East Santa Fe Street, San Bernardino
(Land Only)
APN: 0280-062-07
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Dick Larsen, Treasurer-Tax
Collector of the County of San Bernardino
Purchase price, terms and conditions.
904 South Foisy Street, San Bernardino
(Land Only)
APN: 0280-131-23
Emil A. Marzullo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Dick Larsen, Treasurer-Tax
Collector of the County of San Bernardino
Purchase price, terms and conditions.
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06/01/2009
8. Property Address:
2351 South Artesia Street, San Bernardino
(Quonset Hut Building)
APN: 0283-041-23
N e~otiatin~ Parties:
Emil A. Marznllo, Interim Executive
Director, on behalf of the Redevelopment
Agency, and Dick Larsen, Treasurer-Tax
Collector of the County of San Bernardino
Under Ne~otiation:
Purchase price, terms and conditions.
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Under Agenda Item 18, significant exposure to litigation: Agenda Item #23;
Under Agenda Item ID, personnel:
Brief reports on seven disability retirements-one Fire and six Police.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regnlar agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
A moment of silence was observed in memory of Gertrude Odell, Thomas Scharf, John
Merryman, Dr. Juanita Scott, and Harry Jacks.
Invocation/Pledge of Allegiance
The invocation was given by Father Patricio Guillen of Libreria del Pueblo. The
pledge of allegiance was led by Ellis Wysinger, a 5th grade student from Barton
Elementary School.
Swearing-In Ceremony
A swearing-in ceremony was held for newly-appointed City Manager Charles McNeely
and Police Chief Keith Kilmer, followed by a reception.
2. Appointments
There were no commission appointments.
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06/01/2009
3. Proclamations & Presentatious
The following students, selected as this year's ambassadors to our sister city of
Tachikawa, Japan, were presented Ambassador of Goodwill certificates:
. Jennifer Avila, Packinghouse Christian Academy
. Kathryn Harnitchek, Cajon High School
. Alexandria Schmidt, Cajon High School
. Mitchell Winter, San Gorgonio High School
Mayor Morris presented a Certificate of Recognition to Mohamad Younes,
representing Inland Communities and their partners, on the development of the
University Hills Specific Plan.
Jim Smith, Chairman of the Community Engagement Subcommittee, provided
an update on the progress being made by the Bicentennial Ad Hoc Committee.
Mayor Morris presented a proclamation to representatives from the U.S. Census
Bureau-Partnership Specialists Armando Mena and Amos Young-and Phil
Savage, appointed by the Mayor to head the Community Count Committee.
They stressed the importance of obtaining the most accurate count possible,
stating that there will be over 2,000 individuals engaged in this endeavor.
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 Resolutious & 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.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, 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
20,2009; May 4,2009. The motion carried unanimously.
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06/01/2009
7. 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 May 18, 2009, from
Barbara Pachon, Director of Finance, be approved. The motion carried
unanimously.
8. Persounel Actious
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated May 27, 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. RES. 2009-125 - Resolutiou of the Mayor and Common Council of the City
of San Bernardino acknowledging the receipt and filing of the aunuaI
Statement of Investment Policy for the period July 1, 2009 through June 30,
2010.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-125 was adopted unanimously.
10. ORD. MC-1306 - An Ordinance of the City of San Bernardino amending
Chapter 15.37 of the San Bernardino Municipal Code related to the ffistoric
Building Demolition Ordinance. FINAL READING (Continued from May
18, 2009)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No.
MC-1306 was adopted unanimously.
11. RES. 2009-126 - Resolution of the City of San Bernardino amending
Resolution No. 3985 entitled, in part, "A Resolution...prohibiting parking
upon certain designated streets, alleys, or portious thereof..." to establish a
no parking except by permit at any time zone on Ash Street between
Northpark Boulevard and seven hundred feet west of Live Oak Street and
on Live Oak Street between Ash Street and Sycamore Street.
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06/01/2009
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-126 was adopted unanimously.
12. Item deleted
13. RES. 2009-127 - Resolution of the City of San Bernardino authorizing the
acceptance of park improvements for Chancellor's Park, located at the
northeast corner of Kendall Drive and Campus Parkway; Collegiate Park,
located at the southwest corner of Campus Parkway and Northpark
Boulevard, and a portion of Freddie Spellacy Park, located westerly of
Northpark Boulevard, southerly of Ash Street and also accepting fee title to
said Freddie Spellacy Park from, and granting a revocable temporary
constrnction easement to, University Park, LLC.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-127 was adopted unanimously.
14. RES. 2009-128 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Finance Director to increase Purchase
Order No. 209136 to Inland Overhead Door Company for overhead door
maintenance.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-128 was adopted unanimously.
15. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the issuance of a purchase order with three one-
year renewal optious to Waxie Sanitary Supply for custodial supplies.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of June 15, 2009. The motion carried
unanimously.
16. RES. 2009-132 - Resolution of the City of San Bernardino amending
Resolution 2008-306, Section 2, Y. Holidays, between the City and
Management/Confidential, Fire Safety Management Employees.
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06/01/2009
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-132 was adopted unanimously.
17. Resolutions of the Mayor and Common Council of the City of San
Bernardino authorizing execution of service agreements to implement the
City's two-year CalGRIP grant funded program
RES. 2009-133 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a Services Agreement with San
Bernardino/Riverside Catholic Charities to implement an evidenced-based
strategy to reduce gang and youth gun violence with funding from the
City's CalGRIP Grant. (17A)
RES. 2009-134 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a Services Agreement with the
San Bernardino Natioual Forest Association to implement an evidenced-
based strategy to reduce gang and youth gun violence with funding from the
City's CalGRIP Grant. (178)
RES. 2009-135 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a Services Agreement with the
Foundation for the California State University, San Bernardino to provide
program evaluation and reporting services with funding from the City's
CalGRIP Grant. (17C)
Bobby Vega and Sandy Bonilla of the Conservation Corps answered questions
and spoke regarding their program, stating that gang reduction is their
overriding goal.
Council Member/Commissioner McCanunack made several inquiries regarding
the program, stating that one of her main concerns was the need for more
msurance.
City Manager McNeely stated that he would work with Ms. McCammack to
look into this.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolutions A-C, be adopted.
Resolution Nos. 2009-133, 2009-134, and 2009-135 were adopted
unanimously.
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06/01/2009
18. RES. 2009-129 - 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 209289 by an
additional $75,000 to Jirnni Systems, Incorporated for the purchase of
additional lift station maintenance and repair services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2008/09 adopted Public Services budget and transfer $75,000
from Account No. 132-431-5704 (Miscellaneous Equipment) into Account No.
132-431-5505 (Other Professional Services); and that said resolution be adopted.
The motion carried and Resolution No. 2009-129 was adopted unanimously.
19. RES. 2009-130 - 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 in the amount of $56,900 to All American Trnck &
Auto Body in order to repair refuse unit 07176.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2008/09 adopted budget and transfer $56,900 from Account No.
527-415-5505 (Other Professional Services) into Account No. 527-413-5172
(Equipment Maintenance); and that said resolution be adopted. The motion
carried and Resolution No. 2009-130 was adopted unanimously.
20. RES. 2009-131 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the City of San Bernardino's Sewer System
Management Plan (SSMP) as required by the State Water Resources
Control Board.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-131 was adopted unanimously.
21. RES. 2009-136 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Amendment
No. 4 to Contract 07-481 A-4 with the County of San Bernardino
Department of Aging and Adult Services (DAAS), accepting the proposal
amount of $177,773 for the period of July 1, 2009 through June 30, 2010 for
the Senior Nutrition Program.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-136 was adopted unanimously.
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06/01/2009
22. Resolution of the City of San Bernardino amending Resolution 2009-122
establishing certain fees for services furnished by the City of San
Bernardino, setting a reduced Fireworks Regulatory Fee of 5%.
Jim Smith, a member of the Native Sons of the Golden West, expressed
support for the resolution.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. (No vote was
taken.)
Council Member/Commissioner McCanunack made a substitute motion,
seconded by Council Member/Commissioner Shorett, that the Fireworks
Regnlatory Fee remain at ten percent (10%), with five percent (5%) to be paid
by the nonprofits and five percent (5 %) to be billed to the fireworks companies.
(No vote was taken.)
Council Member/Commissioner McCammack amended her substitute motion,
seconded by Council Member/Commissioner Shorett, that the Fireworks
Regulatory Fee remain at ten percent (10%), with five percent (5%) to be paid
by the nonprofits and five percent (5 %) to be billed to the fireworks companies;
that an ordinance to ensure compliance be prepared and brought back to the
Council; and that funding for enforcement be restored as possible. The motion
carried with Baxter and Johnson voting "no."
Subsequently, City Attorney Pemnan advised that when he called Senior Deputy
City Attorney Grider and asked her to prepare the ordinance, she said that it
would be her intention, after listening to the discussion at the Council table, to
put a provision in the ordinance that would enable the City to impose the
Administrative Civil Penalties (ACPs) on the fireworks companies if they do not
pay the 5 percent-$I,ooo per booth per day-and making it an infraction or
misdemeanor not to do that.
23. Appeal Hearing - Appeal of the Bureau of Franchises' denial of a Petition
for Franchise Permit for Express Transportation, dba AA Inland Empire
Cab to operate two (2) taxicabs in the City of San Bernardino (Continued
from May 18, 2009)
RES. 2009-137 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting Findings of Fact and ConcIusious of Law in
support of the Council's decision to grant the appeal for a Petition for a
Franchise Permit for Express Transportation Systems dba AA Inland
Empire Cab Company to operate two (2) taxicabs in the City of San
Bernardino.
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06/01/2009
The hearing was closed at the Council/Commission meeting of May 18,2009.
Bill Lemann, attorney for Yellow/Bell Cab Company, stated that granting two
permits to another company will create a situation that cannot be regulated and
will create more confusion and controversy. He stated that Yellow/Bell took a
look at the Argyle address mentioned at the last meeting, and for many months
during the past year Yellow/Bell was 100 percent in terms of getting there
within ten minutes or sooner; and it concerned them that they had never
received these complaints before. He added that he and his clients did not think
this would be in the best interest of the city. Mr. Lemann stated that he thought
it would be appropriate for the Council to send the matter back to the Franchise
Bureau with specific queries about convenience and necessity, and let those
issues be addressed before the Bureau members.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. (The vote was
taken following discussion.)
Council Member/Commissioner Kelley made a substitute motion, seconded by
Council Member/Commissioner Brinker, to send the matter back to the Bureau
of Franchises to address the issue of convenience and necessity .
City Attorney Penman advised that if the Council was not going to adopt the
Findings of Fact, then they needed to rescind their previous decision from the
last meeting.
Discussion ensued regarding enforcement issues, concerns with the governing
ordinance, the idea of combining the Bureau of Franchises with the Police
Commission, and a possible trial period for operation of the two taxicabs rather
than full endorsement at this time.
The substitute motion made by Council Member/Commissioner Kelley,
seconded by Council Member/Commissioner Brinker, to send the matter back to
the Bureau of Franchises failed by the following vote: Ayes: Brinker, Kelley,
McCammack. Nays: Estrada, Baxter, Shorett, Johnson. Absent: None.
The motion made by Council Member/Commissioner Baxter, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted,
carried, and Resolution No. 2009-137 was adopted by the following vote:
Ayes: Estrada, Baxter, Shorett, Johuson. Nays: Brinker, Kelley.
Abstentions: McCammack. Absent: None.
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06/01/2009
24. ORD. MC-1307 - An Ordinance of the City of San Bernardino amending
Sectious 8.27.100, 8.30.130, 8.36.070, 12.64.020, and 15.28.150 of the San
Bernardino Municipal Code and adding Sectious 12.80.055 and
12.80.100(C) through (F) thereto to incorporate into the Municipal Code
language contained in the Master Fee Resolution, to clarify the process for
obtaining a permit to cousume alcoholic beverages in a park, and to
authorize fees relative to processing of information concerning lieus.
FINAL READING (Continued from May 18, 2009)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. (The motion
was subsequently amended.)
Council Member/Commissioner McCanunack stated that she wanted the fee
resolution changed-that she wanted #39 relative to fix-it tickets removed from
the fee resolution.
City Attorney Penman advised that that was a separate issue from adopting the
ordinance today-that the resolution would have to be brought back to the
Council at a later meeting to be amended.
Council Member/Commissioner Baxter amended his motion, seconded by
Council Member/Commissioner Brinker, that said ordinance be adopted; and
that the fee resolution be brought back with elimination of Item #39. The
motion carried and Ordinance No. MC-1307 was adopted by the following
vote: Ayes: Estrada, Baxter, Brinker, Johnson. Nays: Shorett, Kelley,
McCammack. Absent: None.
25. RES. 2009-138 - 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 fire hose rack (APN 0285-191-05). (Continued from May 18,
2009.)
It was noted that several cell towers have been placed in various City parks, and
several of the Council members expressed concern as to whether the revenue
from these towers is actually being used for each specific park as the Council
had intended and directed it to be.
The Council asked City Manager McNeely to bring back a report on how the
cell tower monies are being allocated.
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06/01/2009
Council Member/Commissioner Kelley 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 2008/09 adopted budget by
increasing revenue Account No. 001-000-4523 by $6,100 and General
Government expenditure Account No. 001-182-5505 by $1,000. The motion
carried and Resolution No. 2009-138 was adopted unanimously.
26. Resolution of the City of San Bernardino approving License Agreement No.
09-37471 with the Burliugton 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 May 18, 2009.)
Note: No resolution was distributed with the backup materials.
Staff requested that this matter be continued to the next meeting.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of June 15, 2009. The motion carried
unanimously.
27. RES. 2009-139 - Resolution of the City of San Bernardino authorizing the
execution of Pipeliue Liceuse Agreements with the BNSF Railway Company
for sewer relocation work to be performed by the City at Spruce Street and
at 10" Street, relative to the 1-215 widening. (Continued from May 18,
2009.)
Note: No resolution was distributed with the backup materials.
City Attorney Penman advised that there were some legal issues that his staff
needed to identify for the Council. He stated that normally he would not have
signed off on this item; however, this is a project that needs to be moved ahead
for public safety purposes.
Deputy City Attorney Empefio stated that he had identified some issues with the
agreements. First, he noted that the BNSF did agree to make a revision to
Section 34, Applicable Law. Previously, Section 34 applied Texas law to the
interpretation of this agreement and staff convinced them to change that to the
application of California law. The other sections they had concerns about were
the Indemnification, Section 19, which is overly restrictive and burdensome on
the City, requiring the City to indemnify, defend and hold harmless BNSF
except when BNSF is grossly negligent or there is willful misconduct; and
Section 19B governs hazardous materials and substances, and contamination;
and it requires the City basically to indemnify and defend them even if the City
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06/01/2009
isn't at fanlt for that kind of contamination. Also, in Section 6, the Term of the
Agreement is for 25 years. Mr. Empefio pointed out that this is a sewer
pipeline that the City is putting in, and staff would like to have a perpetual
easement into perpetuity. Unfortunately, there isn't enough time between now
and when the construction needs to start to get BNSF to agree to an easement.
He added that staff is hoping they can convince BNSF, within the weeks and
months after approvals, to grant a permanent easement.
Mr. Penman reiterated that these are serious issues; however, it would take
several months of negotiation to address them, and there is a public health issue
with this project.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-139 was adopted unanimously.
28. RES. 2009-140 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a side letter to Resolution 2006-66 for fnll-
time, fIre safety employees, amending the current language in Article III,
Compeusation: Section 1, Salaries, Subsection (A); Article IV, Fringe
Benefits: Section 1, Health/Related Insurance, Subsection (C); Article IV,
Fringe Benefits: Section 4, Deferred Compeusation; Article IV, Fringe
Benefits: Section 7, Vacation and Holiday Sell-Back; Article IV, Fringe
Benefits: Section 8, Welfare Benefit Trnst; Article V, Leave Provisions:
Section 1, Vacation, Subsection (E); adding Article IV, Fringe Benefits:
Section 9, Post Employment Health Plan Programs; Article V, Leave
Provisious: Section 7, Budget Concession Leave; and Article VII, General
Provisious, Section 2, Term. (Continued from May 18, 2009.)
Jay Lindberg stated that if the Council members who own businesses were
running the Fire Department the way they run their own businesses, they would
probably look at the costs a little bit closer. He stated that he talked to Cal Fire
and found that they use three-man crews in the off-fIre season and four-man
crews during fIre season; and their pay scale is approximately 25 percent less
than the City's pay scale for its firefighters.
Council Member/Commissioner Brinker informed Mr. Lindberg that the pay
scales for both fire and police are set by the Charter, so it is not something the
Council can control.
City Attorney Penman advised that this agreement does extend the term of the
agreement for one year.
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06/01/2009
Council Member/Commissioner McCammack pointed out that unless the
Charter is changed as to who provides the fire service, the City cannot ask
outside agencies to bid it, because the voters have determined that they want the
City to run its own fire service.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-140 was adopted unanimously.
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.
R29. Master Cooperative Agreement for the sbX Bus Rapid Trausit Project by
Omnitraus (Continued from April 6, 2009.)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Interim City Manager to execute
a Master Cooperative Agreement by and between the City and Omnitraus
(sbX Bus Rapid Transit Project). (R29A)
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 to execute a Master
Cooperative Agreement by and between the Agency and Omnitrans (sbX
Bus Rapid Transit Project). (R29B)
Note: Resolution R29A was not distributed with the backup materials.
Council Member/Commissioner McCammack stated she would abstain because
Omnitrans is one of her business clients. She left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be tabled. The motion carried
with McCammack abstaining.
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R30. Monique Fell - Establishment of a temporary employment position for an
Economic Development Assistant (Continued from May 4, 2009.)
RES. CDC/2009-22 - 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 Redevelopmeut Agency of
the City of San Bernardino.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-22 was adopted with Shorett voting "no."
R31. Public Hearing - American Recovery and Reinvestment Act ("ARRA") of
2009 Public Hearing and Amendment to Consolidated Plan - Community
Development Block Grant-Recovery ("CDBG-R") Funds
RES. 2009-141 - 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 ("BUD") for Community Development
Block Grant-Recovery ("CDBG-R") Funds.
Mayor/Chairman Morris opened the hearing.
Emil Marzullo, Interim Executive Director of the Economic Development
Agency, provided a detailed overview of the Staff Report and submitted into the
record a copy of the City of San Bernardino Community Development Block
Grant-R Substantial Amendment.
He explained that, basically, under this CDBG-R the City is entitled to
$951,548; and staff is proposing two projects unless the Council has others they
would like to add. He stated that one project is at Speicher Park-a skateboard
project that has essentially been conceptualized with cost estimates, which staff
has budgeted at $500,000. The second project is 28 wheelchair ramp
improvements, which can be in numerous places within the City, to which they
have allocated $451,548.
Council Member/Commissioner Estrada asked if the $451,000 was restricted to
being used for wheelchair improvements at 28 locations.
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06/01/2009
Mr. Marzullo answered in the negative, stating that what they have shown is
that the City Public Works Division actually has plans ready to go, but has no
funding. He clarified that they actually have gas tax money that was allocated,
and that gas tax money would actually go back to the General Fund for that
equivalent amount. He added that they could, legally, within the confines of
this grant, substitute our regular CDBG funds for the gas tax money and still
meet both the objectives of the two acts and get some of that money back in the
General Fund.
Ms. Estrada questioned whether there were other things that could be done that
are critically needed and could be shelf ready in a matter of weeks-things like
the carpeting at the library-conld those projects be put into the mix.
Mr. Marzullo indicated that if the projects met the criteria, then they could be
done. He stated that in the case of a facility like a library, they have to prove
within documentation that it actually meets a majority of low- and moderate-
income benefit-and he believed the library would because it is in a low/mod-
income area. He suggested that as they better define these project allocations,
they can then supplement the application. Once they have secured the
$951,000, they could come back and submit an amendment to the application to
change the project mix based on what they believe is more relevant at the time.
No public comments were received.
Council Member/Commissioner McCanunack made a motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed; and that
said resolution be adopted. The motion carried and Resolution No. 2009-141
was adopted unanimously.
R32. Joint Public Hearing - TELACU Housing - San Bernardino V, Inc., 2009
Affordable Senior Citizeu Rental Housing Low and Moderate Income
Housing Funds Grant Disposition and Development Agreement (Central
City North Redevelopment Project Area)
RES. 2009-142 - 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 41h 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)
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06/01/2009
RES. CDC/2009-23 - 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)
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner Estrada stated that she would appreciate a
public breakdown of the money going into this project; and that she did not and
would not support this project.
Discussion ensued wherein Council Members/Commissioners Estrada and
McCanunack expressed concerns and questioned the construction of more senior
housing in the downtown area, especially on such a prime piece of retail space;
the actual price of the project; and the integrity of TELACU.
Responding to a question from Council Member/Commissioner Kelley
regarding the cost of the project, Mr. Marzullo provided the following
information:
. The total cost to acquire the original properties (acquisition, relocation,
demolition, site preparation) was $4.56 million-and the site covers 1.7
acres.
. The appraised value, or cleared site value was $1.2 million ($16 plus per
square foot - a good ballpark figure for downtown property at the time).
. HUD's original grant allocation was $10,735,700 (developer would
received this money to build the project).
Interim Executive Director Marzullo explained that, in essence, the City/EDA
are providing a subsidized land value and HUD is, in essence, providing free
dollars to the developer for the purpose of creating 74 housing units.
Mr. Marzullo stated that as the project moved on within the last year, the
development impact fees rose in the City. Therefore, the cost went up,
resulting in an additional project cost of $1.8 million. So HUD agreed to give
an additional $600,000 to make up a portion of the gap if the City would, in
essence, eliminate the development impact fees.
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06/01/2009
Mr. Marzullo stated that he did not think the City should give up development
impact fees because those are dollars that go into facilities for the City, but it
should be a project cost. So staff suggested that the fees should be paid with
20% set aside money, because they were approximately the same as the cost of
the land. Staff said, we'll sell you the land for the appraised value of $1.2
million, but you'll give us a check back, in essence, for the development impact
fees. So they are essentially swapping checks. He stated that bottom line, the
project is a $15 million project-when you add up all the dollars, wherever they
come from, it's a $15 million project.
Interim Executive Director Marzullo stated that he could not find a reason for
not doing this project. He stated that when you turn down a project, the Federal
Government will go somewhere else to spend their money. He added that staff
had attempted to get the location changed and HUD had denied the request. He
noted that the City is 960 units short on senior housing, and this project would
provide 74 senior housing units.
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
resolutions A and B, be adopted. Mayor and Common Council Resolution
No. 2009-142 and Community Development Commission Resolution No.
CDC/2009-23 were adopted by the following vote: Ayes: Baxter, Brinker,
Shorett, Johnson. Nays: Estrada, McCammack. Abstentions: Kelley.
R33. RES. CDC/2009-24 - Resolution of the Community Development
Commission approving and authorizing the Interim Executive Director of
the Redevelopmeut Agency of the City of San Bernardino ("Agency") to
execute the consent to the substitution of CAP VI Plaza, LLC, a California
limited liability company, as Co-General Partner and Owner of the Pioneer
Park Plaza Development located at 555 North "G" Street, San Bernardino
(Central City North Redevelopment Project Area).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution
No. CDC/2009-24 was adopted unanimously.
R34. RES. CDC/2009-25 - Resolution of the Community Development
Commission of the City of San Bernardino approving the forgiveness of
$30,000 per parcel sales price ou three Agency-owned parcels pursuant to
the terms of the 2005 Meadowbrook Single Family Residential Development
Agreement and its subsequent Amendment Nos. 1, 2 and 3 with
Meadowbrook Park Homes, Inc. (IVDA Redevelopment Project Area).
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06/01/2009
Council Member/Commissioner McCanunack stated that this action amounted to
throwing money into a black hole-that they are not only losing the $30,000 on
each of the three parcels, but they are also losing what they gave the developer
in concessions to develop this project in the first place.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-25 was adopted with McCammack voting "no."
R35. Item deleted
R36. Item deleted
R37. Accept the San Bernardino Downtown Core Vision/Action Plan, and direct
Agency Staff to proceed with implementation of the Downtown Core
Vision/ Action Plan
RES. 2009-143 - Resolution of the Mayor and Common Council of the City
of San Bernardino concurring with the actions taken by the Community
Development Commission of the City of San Bernardino regarding
acceptance of the San Bernardino Downtown Core Vision/Action Plan.
RES. CDC/2009-26 - Resolution of the Community Development
Commission of the City of San Bernardino accepting the San Bernardino
Downtown Core Vision! Action Plan, and directing Agency Staff to proceed
with actions identified in the Implementation Section of the Downtown Core
Vision/ Action Plan.
Vaughn Davies of EDA W advised that they are now entering the
implementation phase of the plan and made a PowerPoint presentation regarding
final options and recommendations for the Downtown Core Vision! Action Plan.
Council Member/Commissioner McCanunack stated she would abstain because
San Manuel is a business client. She left the Council Chambers and returned
after the vote was taken.
Warner Hodgdon stated that San Bernardino needs this project and submitted a
letter dated Monday, June 1, 2009, addressed to the Mayor, Council and EDA
Board, expressing his support.
Jay Lindberg stated that the basic problem with the project is that it is based on
a failed system design-that there is no real industry. He stated that San
Bernardino needs to rebuild its industrial base and this model is not going to
work.
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06/01/2009
Tim Prince stated he had few concerns because most of the plan will be
welcomed by the business community and will be a wonderful direction for
downtown. He stated that long term San Bernardino is so lucky to have this
developable land right downtown, and it is a chance to do something big. He
stated that we need to change the image of the community-that many believe it
is too unsafe to come to San Bernardino; and the Vision needs to be changed
with regard to the government center-that they should take out the government
center, as it doesn't create any synergy at night or on the weekends.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council of the
City of San Bernardino designate the following elected officials-
Councilmember Estrada, Councilmember Brinker and Mayor Morris-who
along with staff of the Redevelopment Agency of the City of San Bernardino
and City staff, will meet and work with the San Bernardino County Board
representatives regarding the San Bernardino Downtown Core Vision! Action
Plan and alternative sites and options that can meet the County's space
requirements in downtown San Bernardino; and that said resolutions A and B,
be adopted. The motion carried and Mayor and Common Council
Resolution No. 2009-143 and Community Development Commission
Resolution No. CDC/2009-26 were adopted with Kelley absent and
McCammack abstaining.
PLANNING ITEMS
38. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) -
Appeal of the Planning Commission'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 iu the RM, Residential Medium, land use district.
(Continued from May 18,2009.)
The hearing was closed at the Council/Commission meeting of April 6, 2009.
Staff requested a continuance to the next Council/Commission meeting.
Council Member/Commission Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of June 15, 2009. The motion carried with
Brinker and Kelley abseut.
39. Public Comments
Jay Lindberg spoke regarding solar manufacturing in San Bernardino.
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06/01/2009
40. Adjournment
At 9:45 p.m. the meeting adjourned to 12 noon, Thursday, June 4, 2009, in the
Economic Development Agency Boardroom to consider the Fiscal Year 2009/10
City and Economic Development Agency budgets.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for Monday, June 15, 2009.
By:
RACHEL G. CLARK
;e;ty ;erk
Linda E. Hartze~
Deputy City Clerk
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06/01/2009