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HomeMy WebLinkAbout05-16-2011 MinutesSan CITY OF SAN BERNARDINO 300 N. "D "Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Vacant 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 16, 2011 - 1:30 P.M. 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, May 16, 2011, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Member/Commissioner Kelley. Vacant: Second Ward. Council Member/Commissioner Kelley arrived at 3 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 1 05/16/2011 Justin Ryan Golding v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVSS 700791; Cedric May Sr.; Brenda Standifer; S.D.M. and S.J.M., minors, by and through their guardian ad litem Sasha Graves; Maurice Jennings; Anthony Jennings; and Jashanda Standifer v. City of San Bernardino; Officer Joseph Aguilar; Officer Jose Vasquez; Officer Bryon Clark; Officer Langston Canright; Officer Melissa Flint; Sergeant James Beach and Does 1-10, inclusive - United States District Court, Case No. ED CV 10-00978 VAP (DTBx); Long Nguyen v. City of San Bernardino; and Does 1-100, inclusive - San Bernardino Court, Case No. CIVDS 1003080; Consolidated with Lam Sinh v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1033219; San Bernardino City Professional Firefighters, Local 891, Nathan Lopez v. City of San Bernardino, et al. - United States District Court, Case No. CV 10-01779 PSG (DTBx); San Bernardino City Professional Firefighters, Local 891; Richard "Scott" Moss v. City of San Bernardino, et al. - San Bernardino Superior Court, Case No. CIVDS 1102415; E. C., a minor, by & thru his GAL, Maria Chacon v. City of San Bernardino, et al. - United States District Court, CV 11-02919 CAS (DTBx); People of the State of California, by and through James F. Penman, City Attorney of the City of San Bernardino v. Margaret Sherman, Michael Sherman, Rajae Zarour, and CCI Club SB LLP - San Bernardino Superior Court, Case No. CIVDS917881. 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: American Traffic Systems, Inc. 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. 05/16/2011 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: General Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional case would be discussed in closed session: William H. Schneid v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVDS 1009217; and Possible litigation regarding Deutsche Bank. Reading of Resolutions and Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Henrietta "Hank" Eich. Invocation/Pledge of Allegiance The invocation was given by Pastor Paul Ogando with the Rock Church's Spanish Ministry. The Color Guard from the Public Safety Academy posted the colors and led the pledge of allegiance. 2. Appointments • J. Loraine O'Campo - Civil Service Board - Mayor Morris • Jenise Bush - Human Relations Commission - Council Member Brinker 3 05/16/2011 0 N 5. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the appointments of J. Loraine O'Campo to the Civil Service Board, and Jenise Bush to the Human Relations Commission, as requested by Mayor Morris and Council Member Brinker, be approved. The motion carried unanimously. Presentations and Proclamations Council Member Kelley presented a proclamation honoring the California Cadet Corp (CACC) on the occasion of the program's 100'b anniversary to Christina Hale of the San Bernardino Unified School District and Lt. Col. Ellis and Captain Hawkins of the Cadet Corp. Mayor Morris presented a proclamation designating the week of May 15-21, 2011, as National Public Works Week to Public Works Director Nadeem Majaj. The following individuals were presented a service pin award by Mayor/ Chairman Morris in recognition of their many years of dedicated service to the City: Name Crystal Johnson Jarrod Gibbon Paul Drasil Manuel Sedano Helen Tran Julio Salcedo Paul Guillen Steve Turner Mark Wine Announcements Department City Attorney Community Development Fire Fire Human Resources Parks, Recreation & Community Services Police Police Police Years of Service 10 5 25 5 5 5 20 10 10 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. Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission dated May 16, 2011, be waived. The motion carried unanimously. 4 05/16/2011 6. Council Minutes Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Johnson 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: March 7, 2011; and March 21, 2011. No vote was taken. Council Member/Commissioner McCammack asked why comments made by Councilman Shorett in response to allegations of illegal business practices were not included in the March 21, 2011 minutes. City Clerk Clark stated that she did not know—she would have to check on that. Council Member/Commissioner McCammack made a substitute motion to continue the matter until the City Clerk could provide clarification as to why discussion regarding allegations of Councilman Shorett's illegal business practices was not included in the minutes. The motion died for lack of a second. Council Member/Commissioner Johnson 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: March 7, 2011; and March 21, 2011. The motion carried with McCammack voting {{no.,, 7. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 11, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the personnel actions, as submitted by the Chief Examiner, dated May 12, 2011, 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. 5 05/16/2011 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. Council Member/Commissioner McCammack stated that the Charter specifically calls for only ten percent of revenue to be transferred from the Water Department. She stated that the City Manager had indicated that there was going to be a specific nexus study done that would accurately determine how much could be transferred from the Water Department. She requested that the City Manager provide an update on the nexus study. City Manager McNeely stated that the consultants were in the process of finalizing their report and staff anticipated that it would come before the City Council in a couple of weeks. Council Member/Commissioner McCammack asked if they should wait for the study to make sure the Master Services Agreement is accurate. City Manager McNeely stated that the two have been coordinated and that any necessary adjustments could be made when the report is brought forward to the Council. He stated that this in no way detracts from the Council's ability to approve the agreement. Council Member/Commissioner McCammack clarified that this agreement from the Water Department approved the amount of money that had already been budgeted into this fiscal year. City Manager McNeely answered in the affirmative. City Attorney Penman indicated that his office had declined to sign the Master Services Memorandum because there was no previous study to make sure that the amount of money being transferred on a monthly basis from the Water Department to the General Fund was actually an amount that was justified by the amount of money the City was spending on the support of the Water Department pursuant to Proposition 218. He stated that the Master Services Agreement is in conflict with Charter Section 164, which prohibits the transfer to the General Fund of more than ten percent of the revenues of the Water Department during the preceding month. He stated that it was his understanding that the City has routinely transferred ten percent for many years and that there has been an expressed desire to increase the amount of money that can be transferred from the Water Department to the City's General Fund in excess of ten percent, but that could only be done by Charter amendment. He informed the Council that they do 6 05/16/2011 not have the legal authority to approve this agreement because the Charter is very specific. Barbara Pachon, Director of Finance, stated that she was asking the Council to approve the agreement which has already been approved by the Water Board. She explained that these are charges the City incurs on behalf of the Water Department, but they are not all General Fund charges. The Water Department is obligated to pay for the services they are receiving and these are services they are receiving under Proposition 218. City Attorney Penman stated that if that is the case, those charges in the agreement that result in money being transferred into funds other than the General Fund could be permissible, but the Master Services Agreement includes many charges for which the ten percent in the Charter was contemplated to cover such as attorney services, Civil Service, etc. If some things such as worker's compensation, as indicated by the Finance Director, are separate from the General Fund, then it's possible that staff could bring this back and those items could be identified and the Mayor and Council could approve a Master Services Agreement for those different amounts. However, for the general support services of Civil Service, Human Resources, Finance, City Treasurer, City Attorney, etc., it is a violation of the Charter to pay for that in addition to the transfer of the ten percent. Council Member/Commissioner Kelley asked if this matter could be resolved if it was continued for two weeks. City Attorney Penman stated that if they continue the item for two weeks they could identify those items in the agreement that are not being covered by the ten percent transfer and they could approve an agreement with that information. They would not be able to approve an agreement with those other general services because those are contemplated by the Charter as being included in the ten percent. Ms. Pachon stated that the Water Department does pay the City ten percent every month, but these are direct charges that have been identified by each of these departments that supply those services to the Water Department. She stated that these are services the City has been providing to the Water Department for years and the City has been getting reimbursed for them. There is nothing that says the Water Department has to pay for these services. The ten percent transfer does not preclude the Water Department from paying for direct services, and this has already been included in their budget. 7 05/16/2011 Mr. Penman advised that the Charter does prohibit that. He stated that this issue was identified three or four years ago at the same time they discovered the Proposition 218 issue. He recommended that this item be continued. Council Member/Commissioner Kelley made a motion to continue the matter for three weeks. The motion died for lack of a second. Council Member/Commissioner Brinker asked if there would be any implications if they were to continue this item. Ms. Pachon stated that the City has been out this money for the full year already. These are services that have already been provided to the Water Department, they have been budgeted and paid for, and their board has already approved the agreement. Mr. McNeely pointed out that there were two separate items here. He stated that they were talking about the transfer, which is the issue that Mr. Penman was referring to. This item is simply a request for reimbursement of expenses that have been incurred by the City on behalf of the Water Department. He stated that he did not see a need to continue this item, but if that was the pleasure of the Council, then they could do that. City Attorney Penman stated that according to the Water Department, the ten percent transfer from the Water Fund to the General Fund came to $2.3 million in 2009/2010, and this year, through the end of April, they have transferred $2.2 million. In response to Mr. McNeely's and Ms. Pachon's statements that this is something separate, Mr. Penman stated that it is not a separate issue. When Charter Section 164 was written, it was understood that the City would provide certain services to the Water- Department such as personnel services, Civil Service, etc., and the money would be transferred, but they put a cap on that money at ten percent of the total gross revenues into the Water Fund from the preceding month; however, for several years now the City has been exceeding that amount and this is precisely what that ten percent cap was designed to cover. Council Member/Commissioner McCammack stated that when this item comes back, if ten percent is the maximum amount, she wanted to make sure that the City is only transferring ten percent from the General Fund for General Fund services. Mr. McNeely stated that it was his understanding that they could not exceed that ten percent so they would have to define whether or not they have exceeded that. He stated that staff would provide clarification. 8 05/16/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the matter be continued to the Council/Commission meeting of June 6, 2011. The motion carried with Johnson voting "no." 10. Set budget hearing dates for FY 2011/12 budget Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the Mayor and Common Council set the following budget hearing dates at 5:00 p.m. in the Economic Development Agency Boardroom to review the FY 2011/12 City and Economic Development Agency budgets: Thursday, June 23, 2011; Tuesday, June 28, 2011; and Wednesday, June 29, 2011 (if necessary). The motion carried unanimously. 11. Eliminating and restructuring of certain commissions Ordinance of the City of San Bernardino repealing Chapters 2.24 (Central City Parking Place Commission), 2.42 (Community Television Commission), 2.19 (Youth Advisory Commission), and 2.27 (Santa Ana River Trail Commission) of the San Bernardino Municipal Code. FIRST READING (11A) Resolution of the Mayor and Common Council of the City of San Bernardino establishing the Santa Ana River Trail Ad Hoc Committee. (11B) Council Member/Commissioner McCammack stated that Section 2 of the resolution limits the Santa Ana River Trail Ad Hoc Committee to eight members, one to be appointed by the Mayor and the Council Members would each appoint a member; however, line 18 states that the Mayor, subject to the approval of the Common Council, shall appoint dedicated representatives that serve at the pleasure of many different agencies. She stated that while she has no problem with that issue, according to this resolution, it is no longer an eight -member committee, and if it is no longer an eight -member committee, then the resolution should specify how many members there will be, what constitutes a quorum, and whether they are voting or non-voting members. City Attorney Penman clarified that this was a committee rather than a commission and the structure of committees are often not quite as formal, which is why this is a resolution instead of an ordinance. He stated that they could amend the resolution to limit the total number of members of the committee if that was the wish of the Mayor and Council, and they could also indicate which members would be voting members and which members would be non-voting members, but they would need to get some guidance from the Mayor and Council as to what they want in that regard. 9 05/16/2011 Mayor/Chairman Morris stated that what they have are a series of non-voting representatives from a variety of venues to assist the committee with its work. Council Member/Commissioner McCammack suggested adding the word "non- voting" prior to the word "representatives" on page 1, line 19, and on page 2, line 4. She stated that she was also concerned about the language in Section 2 on page 1, lines 101/2-17, which talks about very specific experience that's limiting to the Council members that they will be able to find people that have "demonstrated knowledge and experience with the Santa Ana River Trail, recognized dedication to the project, or a deep interest in the City of San Bernardino section of the Santa Ana River Trail." City Attorney Penman requested that the matter be continued for three weeks in order to clarify the language contained in the resolution. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/Commission meeting of June 6, 2011. The motion failed by the following vote: Ayes: Shorett, Kelley, McCammack. Nays: Marquez, Brinker, Johnson. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson that said ordinance be laid over for final adoption; and that said resolution be adopted. The motion failed by the following vote: Ayes: Marquez, Brinker, Johnson. Nays: Shorett, McCammack. Abstentions: Kelley. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of June 6, 2011. The motion carried with Brinker and Johnson voting "no." 12. RES. 2011-104 - Resolution of the Mayor and Common Council of the City of San Bernardino to authorize a contract purchase order with TigerDirect through FY 2011-2012, allocating $40,000. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-104 was adopted unanimously. 10 05/16/2011 13. RES. 2011-105 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a contract with the County of San Bernardino Department of Aging and Adult Services (DAAS), accepting the proposal amount of $233,483 for the period of July 1, 2011 through June 30, 2012 for the Senior Nutrition Program. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-105 was adopted unanimously. 14. RES. 2011-106 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance to issue a change order to increase Purchase Order No. 303757 by $8,300 to $382,915 for Roadway Engineering and Contracting Inc. for construction of the Verdemont Community Center and landscaping at Al Guhin Park per Capital Improvement Program Project PR04-28. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-106 was adopted unanimously. 15. RES. 2011-107 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Elite Companies US, Inc. for pavement rehabilitation on Rialto Ave from Lena Road to Tippecanoe Avenue (SS06-044), per Project Plan No. 12283B. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-107 was adopted unanimously. 16. RES. 2011-109 - 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 Ironman Parts & Services of Corona in the amount of $59,155.92 pursuant to Section 3.04.010-113 of the Municipal Code, for four diesel particulate filters to be installed on four O & M Division trucks, per the California Air Resources Board (CARB) regulations. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2011-109 was adopted unanimously. 11 05/16/2011 17. RES. 2011-108 - Resolution of the City of San Bernardino approving Cooperative Agreement No. C11180 with the San Bernardino County Transportation Authority and the San Bernardino County Transportation Commission to provide right-of-way services for a grade separation at Pahn Avenue over the Burlington Northern Santa Fe Railroad (CIP Project No. SSO4-53). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-108 was adopted unanimously. 18. Resolution of the Mayor and Common Council of the City of San Bernardino setting the 2011 Regulatory Fee for the sale of fireworks. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. No vote was taken. Discussion ensued regarding the setting of the regulatory fee, enforcement, and the cost of advertising. Public Comments: Cheryl Brown, San Bernardino, CA. Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner Brinker, that the City advertise in the Black Voice and El Chicano newspapers instead of the Penny Saver. No vote was taken. Discussion ensued regarding the use of other community newspapers such as the Precinct Reporter and the Highland Community News. Mayor/Chairman Morris recommended that the matter be continued in order to come back with a new calculation on how the City should spend this 10 percent assessment and the best way to get the word out to the community. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council/Commission meeting of June 6, 2011. The motion carried unanimously. 19. An ordinance of the Mayor and Common Council of the City of San Bernardino adding Chapter 15.27 entitled Crime -Free Rental Housing Program to the San Bernardino Municipal Code. FIRST READING 12 05/16/2011 Council Member/Commissioner McCammack noted that page 4 of the ordinance states that an annual inspection would be performed by Code Compliance with the Crime -Free Housing Program standards and she questioned whether that was a separate inspection and, if so, was that a contradiction to the Multi -Family Inspection Program ordinance that talks about how they get inspected, how often they get inspected, who will mail the inspection notices, what kind of citations, etc. She stated that this talks only about administrative citations and the original purpose of administrative civil penalties was A) for fireworks and B) for the Multi -Family Housing units that were the most notorious for fines that were being paid again and again because it wasn't expensive enough for compliance. She stated that this is doing the same thing all over again and she was not prepared to support it. She felt that this is contradictory and is also somewhat of a duplication and that the two programs should have been merged. Margo Wheeler, Director of Community Development, stated that this program is set up to work in tandem with the existing Fire program that does interior inspections on fire issues. The list of items that will be inspected are shown in Attachment H, which shows Crime Prevention Through Environmental Design (CPTED) and the primary purpose of this program is one of education and picking up from where the previous program was eliminated. The emphasis is on the training classes, the use of a lease addendum to ensure that landlords are screening their tenants and are educated in the crime -free methods. It also entails the cooperation with regard to any eviction for illegal activity on the property. It includes the 24-hour contact information that is given to the City, and the emphasis is on the crime -free aspect of the program, both education and inspection. The inspections will be coordinated with the Fire Department. She stated that she had been requested to prepare a separate section of the Code because of the different aspects to this program. There is a portion that is mandatory and a portion that is voluntary. The enforcement will be of existing City ordinances with regard to maintenance and the participation in making the physical improvements to the property such as lighting and walkways and other things will be voluntary in order to get the certificate and also to be able to advertise as a crime -free property. The contact information, the landlord and manager education and the crime -free lease addendum are all required as is the inspection to those CPTED standards. City Attorney Penman stated that the wording of the ordinance itself, in terms of how enforcement is done, does refer to administrative civil penalties; however, it also permits enforcement alternatives. He stated that from a prosecution standpoint, they found this ordinance to be a helpful addition, and their main concern was to make sure that the fee being charged for this program was not duplicative of the other fee that Ms. McCammack spoke of. The other inspection is done primarily by the Fire Department and this inspection will be done by 13 05/16/2011 Code Enforcement. Mr. Penman stated that he believed they included the language that Ms. McCammack was concerned about, and that the duplication issue had been removed. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said ordinance be laid over for final adoption; that a resolution establishing the annual fee as recommended be adopted at the time of ordinance adoption; and that the Director of Finance be authorized to amend the FY 2010/11 budget to create a Code Enforcement Officer II position to take effect concurrent with or after the elimination of a Code Enforcement Officer II position, which was formerly in the Fire Department. The motion carried with McCammack abstaining. Note: No resolution was distributed with the backup material. 20. Appeal Hearing - Regarding the City Clerk's determination of ineligibility for Living Springs Fellowship to operate a fireworks stand in 2011 Mayor/Chairman Morris opened the hearing. City Clerk Clark stated that last year was the first year that Living Springs Fellowship operated a fireworks stand. She stated that all fireworks stands are required to submit a financial statement by August 31 and that this organization did not file and staff had to obtain their gross receipt information from the fireworks supplier. She stated that as of May 10, they still had not paid their regulatory fee of almost $800. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Lorraine Ramirez, San Bernardino, CA, apologized for the delay in sending in their application. She stated that they have a soup kitchen and the funds are used to feed the community every Friday and they provide diapers and formula for the children. She added that they had dropped the ball, but they were ready to pay the fees today. Pastor Roy Martinez, San Bernardino, CA, stated that they were located in Colton for 18 years and they are grateful to be in the City of San Bernardino. Council Member/Commissioner Johnson stated that he disapproves of fireworks and doesn't understand why they have been allowed for this long within the City, 14 05/16/2011 particularly in the community he represents. He added that the non-profit organizations need to start looking for another way to make some money. He stated that he was going to vote against any fireworks being sold within the City by any organization. Council Member/Commissioner Kelley stated that he is confident that the work being done by these organizations is a much needed service to the residents; however, there are certain rules that have to be followed and deadlines that have to be met. He stated that the Council is limited in what they can and cannot do at this particular stage—they have to follow the ordinance and adhere to the recommendations of the City Clerk. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks stand application submitted by Living Springs Fellowship. The motion carried unanimously. 21. Appeal Hearing - Regarding the City Clerk's determination of ineligibility for Parents United to operate a fireworks stand in 2011 Mayor/Chairman Morris opened the hearing. City Clerk Clark stated that Parents United has had a booth for at least seven years and their principal meeting place has been in San Bernardino at two locations—one at 1881 Commerce Center and one at 2575 S. Steel; however, their principal place is no longer in the City of San Bernardino. Their appeal states that they are now located in Rialto and they said they moved only to accommodate the ability to serve sexually abused children and their families, 85 percent of whom are City of San Bernardino residents. So, according to their own statement, only 85 percent of the proceeds are coming back to the City, while the ordinance requires that 90 percent of the proceeds come back to the people they are serving. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that she would provide true and honest testimony: Terry Burkholder, Loma Linda, CA, stated that Parents United has been in San Bernardino for over 20 years and for the last 15 years she has been their volunteer chairperson for their fireworks booth. They did move their meeting place to Rialto because the treatment of sexual abuse requires certain kinds of space; nonetheless, they still are providing services to San Bernardino residents and the money they get from fireworks sales is used for kids that need services, but don't have open cases. 15 05/16/2011 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks stand application submitted by Parents United. The motion carried unanimously. 22. Appeal Hearing - Regarding the City Clerk's determination of ineligibility for Victory Resource Center to operate a fireworks stand in 2011 Mayor/Chairman Morris opened the hearing. City Clerk Clark stated that Victory Resource Center has operated a stand since 2009, but the problem is that they are sharing the proceeds with Victory Outreach, who operates a separate booth. The ordinance does allow one license to be issued to two or more organizations as a joint venture; however, they would have had to apply as a joint venture prior to the closing of the application period. In this case, each organization has a separate license and Victory Resource Center stated that their profits were going to go towards youth boxing programs to purchase a new ring, new equipment and travel expenses; however, their appeal states that the reason the funds were deposited into Victory Outreach is because they owed back rent and building usage fees. Also, the same individual signed the financial statements for both Victory Resource Center and Victory Outreach. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Mr. Espinoza stated that the reason payment was made to Victory Outreach was because they facilitate the Victory Boxing Academy Program and their boxing expeditions twice per year, so the payment was used for back rent and to pay for the event. But, other than that, they are two separate entities. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the hearing be closed; and that the Mayor and Common Council uphold the decision of the City Clerk to deny the fireworks stand application submitted by Victory Resource Center. The motion carried unanimously. 23. Public Hearing - An ordinance amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code) (Continued from May 2, 2011) 16 05/16/2011 An Ordinance of the City of San Bernardino amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code), Commercial Districts, to permit movie theaters of four or more screens subject to a Conditional Use Permit in the Downtown Main Street Overlay District. FIRST READING Note: No ordinance was distributed with the backup materials. Agenda Item Nos. 23 and 24 were voted on simultaneously. The hearing remained open. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of June 20, 2011. No vote was taken. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner Shorett, that Agenda Item No. 23 be continued to the Council/Commission meeting of June 20, 2011, and that Agenda Item No. 24 be continued to the Council/Commission meeting of June 6, 2011. The motion carried with Kelley absent. 24. Appeal Hearing - Resolution denying appeals of the Planning Commission's revocation of Conditional Use Permit No. 93-14 (Appeals 11-02 & 11-03) Resolution denying appeals of the Planning Commission's revocation of Conditional Use Permit No. 93-14, a permit to operate a night club at 295 East Caroline Street, in the CR -3, Commercial Regional land use district. (Appeals 11-02 & 11-03) Note: No resolution was distributed with the backup material. Agenda Item Nos. 23 and 24 were voted on simultaneously. City Clerk Clark stated that staff had requested that the hearing be opened in order to avoid having to readvertise. Mayor/Chairman Morris opened the hearing. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that Agenda Item No. 23 be continued to the Council/Commission meeting of June 20, 2011, and that Agenda Item No. 24 be continued to the Council/Commission meeting of June 6, 2011. The motion carried with Kelley absent. 17 05/16/2011 25. Appeal Hearing - Appeal by area residents of the Planning Commission approval of Conditional Use Permit No. 11-02 to establish a sports bar with a Type 48 Alcoholic Beverage Control license at 3606 E. Highland Avenue in the CG -1, Commercial General, land use district Mayor/Chairman Morris opened the hearing. Margo Wheeler, Director of Community Development, stated that this item was coming before the Council on an appeal by residents in the neighborhood of the proposed project. The application comes before the Council with a recommendation of approval from the Planning Commission and Planning staff. The application is for a 2,700 square foot sports bar that is proposed to have pool tables, darts, and juke box music—there will be no live entertainment. The Police Department has reviewed the application and did not indicate any opposition. The proposal is not in an area of overconcentration of ABC licenses. The applicant is proposing to have five security cameras on site, and they will be required to post the site for no loitering. There are a significant number of conditions that go along with the project as it is proposed. There will be ten employees and no one under the age of 21 will be allowed within the facility. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals, who spoke in support of the project, that they would provide true and honest testimony: Kevin O'Connell, Attorney for the applicant, Highland, CA; Gabriel Farahan, shopping mall owner, Los Angeles, CA; David Hakakian, shopping mall owner, Beverly Hills, CA; Lance White, San Bernardino, CA; Jenny and Mike Anderson, Highland, CA; Homayon Moaren, architect for project, Palm Springs, CA; Tricia Ruiz, representative for the applicant. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals, who spoke in opposition to the project, that they would provide true and honest testimony: Phyllis Miles, Highland, CA; Cheryl Foxford, Highland, CA; Manuel Armendarez, Highland, CA; Mike Johnson, Highland, CA; Danielle Livingston, Highland CA. Council Member/Commissioner Brinker stated that there were some similarities with this issue and one that came up recently in his ward regarding a new 18 05/16/2011 AM/PM mini -market and gas station, its close proximity to a school, and the fact that alcohol sales would be occurring there. One of the things that came about with the AM/PM project was a commitment to fund a crossing guard, and with the financial issues the school district is facing right now, that was something that made the project appealing. Council Member/Commissioner Marquez stated that she wanted to be business friendly, but she also wanted to protect the children and the residents that live there. She asked what was the approximate distance from the proposed sports bar and Bonnie Oehl Elementary School. Ms. Wheeler stated that the school is approximately 1,100 feet away from the subject site near the intersection of Palm and Highland. Council Member/Commissioner Marquez asked for information regarding property crimes and alcohol related crimes that have come up in the last year between Palm and Highland as well as at the current location of the Clover Club in the City of Highland. Area Commander Lt. Maass stated that starting with the current location in the City of Highland there were seven calls for service from March 1, 2010 to March 9, 2011 including disturbing the peace, commercial burglary, a silent burglar alarm, a subject check/pedestrian check, a 911 hang-up, and an info call. At the new location at 3606 E. Highland, for that same 12 -month period starting March 1, 2010, there were two crimes against persons in that reporting district and 46 crimes against property within that reporting district for a total of 48 Part I crimes, which is a fairly low crime level. They looked at types of Part II crimes such as arrests for anything from petty thefts, drunk in public, and under the influence of narcotics. There were 38 in that reporting district, only three of which were attributed to alcohol, so essentially only 8 percent during that same timeframe within that reporting district were alcohol related. Lt. Maass explained that the City is broken up into reporting districts because it helps them from a crime statistic standpoint to identify where they are starting to see problems in the City and this would give them the opportunity to try to address those problems before they get out of hand. Police Chief Kilmer stated that a reporting district is one of the smallest geographical areas they measure within a beat and a reporting district would be several blocks in either direction—probably 5 or 6 blocks in either direction—it was dependent upon the density, etc. 19 05/16/2011 Council Member/Commissioner Marquez stated that this was a quality of life issue and she could not support it. Council Member/Commissioner Shorett stated that one of his major concerns with this project is the fact that the bar plans to open at 10 a.m. He wanted to know more about the food that was going to be served. Lynette Duro, applicant, stated that they serve food all day and that last Saturday they served approximately 140 tacos during their Taco Saturday. As far as opening at 10 a.m., Ms. Duro stated that a lot of people that come in are widowed and/or alone and they come in to drink coffee and have something to eat or have a cocktail. Council Member/Commissioner Shorett stated that the City has recently and will continue to take a very aggressive approach to alcohol and training and responsible serving and drinking. He stated that he assumed that all their employees would be receiving the appropriate training that's required and that they would have some policy in place to deal with somebody who has gone over the limit. He asked how that was currently being handled. Ms. Duro stated that if a person comes into their place from another bar and has been over served, they make sure they get home safely. She stated that they are a family -operated establishment and they don't want to see anyone get hurt. Council Member/Commissioner Shorett stated that he understood the concerns of his constituents and the residents; however, he indicated that he would be supporting the applicant in this case. Council Member/Commissioner Johnson asked where the business was going to be located in the center. Terri Rahhal, Community Development Deputy Director/City Planner, stated that the business would be located in the center of the two wings. Council Member/Commissioner Johnson asked where the security cameras were going to be positioned. Ms. Wheeler stated that a condition of approval is that five cameras be provided and staff would be reviewing that when the applicant moves forward with the project. Council Member/Commissioner Johnson asked if the cameras were going to be internal or external. 20 05/16/2011 Ms. Wheeler stated that the cameras were going to be external to the building; however, they may use additional cameras for their security with regard to their cash. Ms. Ruiz stated that they had been told by the Police Department that they needed to have at least five cameras, but they are actually going to have eight internal and external cameras and will be installing three panic buttons. Council Member/Commissioner McCammack stated that she felt the owners of the establishment should be approached and asked if they would consider contributing towards a crossing guard. Ms. Wheeler stated that the Mayor and Common Council could add a condition with regard to requiring the applicant to provide a crossing guard or to work with the school district to share the cost for an additional crossing guard. Obviously from the testimony there are crossing guards there, but if there is a need for another one, that condition could be imposed. Ms. Duro stated that there are already crossing guards there, but if the Council would like another crossing guard, she was open to working with the school district and the residents of the community. Council Member/Commissioner McCammack recommended asking the applicant if she would be willing to fund a crossing guard for at least one year to see if that would help reduce traffic issues and/or the concerns of the residents. Council Member/Commissioner Marquez asked the applicant if she had discussed the proposed sports bar with the principal of the elementary school. Ms. Duro answered in the negative. Mayor/Chairman Morris stated that he heard the concerns raised by the residents relative to the safety of the children and they have identified the fact that there are two crossing guards. He stated that there may be a need for the applicant to work with the neighborhood and the school to resolve the issue of safety so that there's a sense on the part of the community that the owner is a part of the neighborhood and a problem -solving business as well as a business that brings good people into the area, which may require a continuance of this hearing to the next Council meeting. Mr. O'Connell stated that his client had concerns about continuing this matter as it would result in contractual problems and ABC licensing problems. 21 05/16/2011 Mr. Armendarez stated that there are already crossing guards on Highland Avenue and the children have already passed the driveway before they get to the crossing guards. The crossing guards are not an issue --it's the children passing the driveway on their way home from school. Council Member/Commissioner Johnson stated that instead of a crossing guard, perhaps the applicant should be looking at hiring an outside security guard to monitor the ingress/egress area of the driveway. Ms. Wheeler stated that the idea of a security guard that would be provided by the applicant to work the exterior of the site with an emphasis on the Palm Avenue driveway during specific hours was a much more standard and workable condition than the issue of the crossing guards, which may or may not be focused directly on that driveway where the concern is with regard to cars exiting the facility. She suggested that a condition could be added that a security guard employed by the applicant shall monitor the parking lot area, focusing on the Palm Avenue driveway, during the hours of say 3 p.m. to closing. Council Member/Commissioner Shorett stated that he felt the hours should be 11 a.m, to 6 p.m. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's approval of Conditional Use Permit No. 11-02, based upon Findings of Fact and subject to conditions contained in the Planning Commission staff report, dated March 23, 2011, and staff's recommendations for approval; with the added condition that the owner shall provide a security guard from 11 a.m. to 6 p.m., Monday through Friday, with the primary emphasis on child safety on Palm Avenue Drive. The motion carried with Marquez voting "no" and Kelley absent. 26. Approval and implementation of a Firefighter Cadet Program for the San Bernardino City Fire Department Deputy Fire Chief Matt Fratus gave a PowerPoint Presentation to the Mayor and Common Council, followed by a brief question and answer period. Public Comments: Cheryl Brown, San Bernardino, CA; Steve Filson, retired San Bernardino Police Officer, Highland, CA; Dr. Joshua Beckley, San Bernardino, CA; Bishop Philip R. Powell, San Bernardino, CA; Rev. Bronica Martindale, San Bernardino, CA. 22 05/16/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the Firefighter Cadet Program be approved and that the Fire Chief be directed to implement the program; that the following actions be referred to the Personnel Committee for review: a) establish three new classifications (11 positions) as listed in the staff report from the Fire Chief, dated May 11, 2011; b) authorize the Human Resources Department to update Resolution 2008-20; and c) review and approve job descriptions for each of the newly established classifications; and that the Director of Finance be authorized to incorporate the revenues and expenditures associated with the Firefighter Cadet Program into the Fire Department's FY 2011/12 proposed budget, in the amount of $145,500, in accordance with the staff report from the Fire Chief, dated May 11, 2011, and attachments. The motion carried with Kelley absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Brinker, Shorett, Johnson, McCammack; City Attorney Penman; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: Council Member/Commissioner Kelley. Vacant: Second Ward. R27. Public Hearing - Crossroad Petroleum, Inc. - Disposition and Development Agreement (Former ARCO AM/PM 542 North Mt. Vernon Avenue) (Mount Vernon Corridor Redevelopment Project Area) (Continued from May 2, 2011) Resolution of the Community Development Commission of the City of San Bernardino approving and consenting to that certain Disposition and Development Agreement ("DDA") and Lease Agreement ("Lease") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Crossroad Petroleum, Inc. ("Developer") Mt. Vernon Corridor Redevelopment Project Area. (R27A) 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 that certain Disposition and Development Agreement ("DDA") and Lease Agreement ("Lease") by and between the Agency and Crossroad Petroleum, Inc. ("Developer") Mt. Vernon Corridor Redevelopment Project Area. (R27B) Note: No backup materials were distributed. 23 05/16/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried with McCammack abstaining and Kelley absent. R28. AECOM - Amendment No. 1 to the Professional Services Agreement (Streetscape Design for Downtown San Bernardino) RES. CDC/2011-25 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the Professional Services Agreement by and between the Agency and AECOM. Council Member/Commissioner McCammack stated that she would be abstaining on this item because AECOM is a client of her business. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-25 was adopted with McCammack abstaining and Kelley absent. R29. RES. 2011-110 - Resolution of the Mayor and Common Council of the City of San Bernardino confirming the election procedures and the results of the election of the Project Area Committee for the Merged, Amended, and Restated Redevelopment Plan for the proposed San Bernardino Merged Redevelopment Project Area B (State College, Central City West, Northwest, Uptown, Mount Vernon Corridor, 40th Street) and added areas. Council Member/Commissioner McCammack stated that she would be abstaining on this item because her business is located in the Uptown Redevelopment Project Area. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-110 was adopted with McCammack abstaining and Kelley absent. R30. RES. CDC/2011-26 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the Exclusive Right to Negotiate Agreement ("ERN") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Panattoni Development Company, Inc. ("developer") to revise the terms and schedule for developer performance. 24 05/16/2011 Council Member/Commissioner McCammack stated that she would be abstaining on this item because AECOM is one of the performing parties in this matter and they are a client of her business. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. CDC/2011-26 was adopted with McCammack abstaining and Kelley absent. R31. RES. CDC/2011-27 - 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 terminate the 1996 Loan Participation Agreement by and between the Agency and Subaru of San Bernardino, a California Corporation ("Participant") (Southeast Industrial Park Redevelopment Project Area). Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. CDC/2011-27 was adopted with Kelley absent. R32. Affordable Housing Solutions of San Bernardino ("AHS") Quarterly Report of Program Activities through December 31, 2010 It was the consensus of the Council that the Community Development Commission of the City of San Bernardino receive and file the quarterly report of Affordable Housing Solutions of San Bernardino Program Activities for the period ending December 31, 2010, for the Redevelopment Agency of the City of San Bernardino. R33. Acceptance of funding approval and Grant Agreement for the Neighborhood Stabilization Program 3 (NSP3) RES. 2011-111 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, approving the funding and Grant Agreement for the Neighborhood Stabilization Program 3 (NSP3) Funds as authorized and appropriated under the Dodd -Frank Act 2010 and approving the execution of a Sub -recipient Agreement by and between the Redevelopment Agency of the City of San Bernardino and Affordable Housing Solutions of San Bernardino. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. 2011-111 was adopted with Kelley absent. 25 05/16/2011 R34. AECOM - Reconsideration of an Agreement for Professional Services for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area) RES. CDC/2011-23 - 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 an agreement for Professional Services by and between the Agency and AECOM for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area). Note: Resolution No. CDC/2011-23 was previously adopted on May 2, 2011. Council Member/Commissioner McCammack stated that she would be abstaining on this item because she learned the day after this item came before the Council that AECOM was a client of her business. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the Community Development Commission of the City of San Bernardino reconsider the approval and adoption of Resolution No. CDC/2011-23 relating to the Professional Services with AECOM for Landscape and Lighting Design Services for Theater Square (Central City North Redevelopment Project Area); and that said resolution be adopted. Resolution No. CDC/2011-23 was adopted with McCammack abstaining and Kelley absent. 35. Public Comments Scott Olson, Highland, CA, stated that he spoke at the last Council meeting regarding rent control and Santiago Management. He continued by stating that the Mayor was involved with Santiago Management's proposal to acquire eight mobile home parks that are owned by the San Bernardino Mobile Home Park Corporation, by making an agreement with the City and a non-profit organization called the California Mobile Home Park Corporation. He stated that Richard Simonian is the for-profit owner of Santiago Management and that Mr. Simonian had contributed $20,000 to Mayor Morris' campaign. David McCammack, San Bernardino, CA, stated that he had recently been elected vice -commander of a disabled veteran's group in San Bernardino and announced that they meet the second Thursday of every month at the Elk's Club. Bob Peppler, Investigation Supervisor, City Attorney's Office, expressed his disappointment with derogatory comments that were directed at the investigators 26 05/16/2011 of the City Attorney's office by Chief of Staff Jim Morris in an article that was in the San Bernardino Sun newspaper on May 7, 2011. He asked the Mayor and his office to work with the City Attorney's office and its hard working and dedicated investigators to make the City a better and safer place and refrain from the name calling. James Penman, San Bernardino, CA, stated that the City Attorney's office tries to find ways to solve problems and it's unfortunate that sometimes things get out of hand, which seems to happen when they deviate from normal practices and normal rules during the Council meetings. He was pleased to say that that was not the case today. Most of the time the Mayor's office, City Administration, Council and the City Attorney's office are on the same page. They all have tough jobs to do and it is important that they all try to respect that. 36. Adjournment At 8:15 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., Monday, June 6, 2011. RACHEL G. CLARK City Clerk By �4 tZ�12Lf,QQ �Q/%� // L Linda Sutherland Deputy City Clerk 27 05/16/2011