HomeMy WebLinkAbout08-17-2009 Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCammnck
~
MINUTES
MAYOR AND COMMON COUNCIL
AND
COMMUNITY DEVELOPMENT COMMISSION
AND
JOINT POWERS FINANCING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 17, 2009
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community Development
Commission, and the Joint Powers Financing Authority of the City of San Bernardino
was called to order by Mayor/Chairman Morris at 1:39 p,m" Monday, August 17, 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, Johnson, McCammack; City Attorney Penman,
City Manager McNeely, City Clerk Clark,
Absent:
Council Member/Commissioner Kelley,
Council Member/Commissioner Kelley arrived at I:S8 p.m.
I, Closed Session
Pursuant to Government Code Section(s):
08/17/2009
A, Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956,9(a):
Alicia Garcia & Joseph Rodriguez v. City of San Bernardino, et al. -
United Status District Court of California, CV 09-04306 DDP (lCx);
Richard "Scott" Moss, et al. v, City of San Bernardino, et al. - United
States District Court, Central District of California, EDCV 07-01027 SGL
(Opx);
San Bernardino City Professional Firefighters, Local 891 v, City of San
Bernardino, et al. - San Bernardino County Superior Court, Case No,
CIVSS 807685;
Brady Armstrong v, Garrett Zimmon, et al. - San Bernardino Superior
Court, Case No, CIVDS 906212.
B, Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956,9:
Inland Communities Corp, v, City of San Bernardino (Paradise Hills)
Human Potential Consultants, UC v, City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956,9:
City of San Bernardino v, California State University
D, Closed Session - personnel - pursuant to Government Code Section
54957,
E, Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957,
F, Conference with labor negotiator - pursuant to Government Code Section
54957,6,
G, Conference with real property negotiator - pursuant to Government Code
Section 54956,8:
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08/17/2009
I'
San Bernardino Joint Powers Financing Authority
Property Address:
120 S, "D" Street, San Bernardino
APN: 0136-122-60
Agency Negotiator:
Emil A, Marzullo, Interim Executive
Director of the Redevelopment
Agency, on behalf of the Joint Powers
Financing Authority
Negotiating Parties:
Tim J, Burgess
Under Negotiation:
Terms of Payment
City Attorney Penman announced that the following additional case would be
discussed in closed session:
Timothy Weisenberger, et al. v, State of California, et al. - San Bernardino
Superior Court, Case No. SCVSS 134901.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council, Community
Development Commission, and the Joint Powers Financing Authority,
Invocation/Pledge of Allegiance
The invocation was given by Minister Robert Strong of Ecclesia Christian Fellowship,
The pledge of allegiance was led by Judeo Corbett-Bryant, a 6th grade student from
Highland-Pacific School.
2, Appointments
There were no commission appointments,
3. Presentations
Council Member/Commissioner Shorett presented the Citizen of the Month Award
to Gabriel "Gabe" Garcia, a prominent District Ranger in the Forest Service in
the State of California whose vision and commitment to the City's youth has
resulted in the formation of the Urban Conservation Corps, which has been
successfully placing young people to work on the National Forest as well as other
public lands,
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08/17/2009
Rabbi Hillel Cohn, Chairman of the Bicentennial Committee, stated that each and
everyone of the activities and events planned for the City's Bicentennial in 2010
have in common the purpose of instilling greater pride in our City. He
introduced Art Guerrero, chairman of the Neighborhood Beautification
Committee, who presented an update of the Committee's activities in preparation
for the City's Bicentennial celebration.
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
Linda Hartzel
Helen Mielke
Byron Montalvo
Theresa Rahhal
Lorelei Franske
Brian Pettey
Kristie Allison
Michael Desrochers
Steven Lowes
John Munoz
Heidi Pahls
Carlos Quiroz
Michael Reynolds
Thomas Sharp
Barbara Froton
4. Announcements
Department
City Clerk
Code Compliance
Development Services
Development Services
Fire
Fire
Police
Police
Police
Police
Police
Police
Police
Police
SBET A
Years of Service
15
15
5
5
15
30
5
25
25
30
15
25
25
25
25
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner 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, Community
Development Commission, and the Joint Powers Financing Authority, be waived.
The motion carried unanimously.
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08/17/2009
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: July 6,
2009. The motion carried unanimously.
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 July 29, 2009, 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 Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated August 13, 2009 (Revised), 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.
8A. Resolution of the Mayor and Common Council of the City of San Bernardino
to authorize execution of an Employment Agreement with the newly
appointed Assistant City Manager to commence September I, 2009.
Note: No backup materials were distributed.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be tabled. The motion carried
unanimously.
9. ORD. MC-1311 - An Ordinance of the City of San Bernardino adding San
Bernardino Municipal Code Chapter 17.06, relating to the City of San
Bernardino Water Wise Landscape Program. FINAL READING (Continued
from August 3, 2009)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No.
MC-1311 was adopted unanimously.
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08/17/2009
r-
10. Designation of voting delegate and alternate voting delegate for the League of
California Cities Annual Conference to be held September 16-18, 2009 in San
Jose, California
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that Council Member Brinker be designated as
the City of San Bernardino's voting delegate and City Manager Charles McNeely
be designated as the alternate voting delegate for the League of California Cities
Annual Conference to be held September 16-18, 2009 in San Jose, California.
The motion carried unanimously.
11. RES. 2009-291 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution... designating certain
streets, or portions thereof as through highways..." and establishing a two-
way stop at the intersections of Thirty-fifth Street at Mayfield Avenue.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-291 was adopted unanimously.
12. RES. 2009-298 - Resolution of the City of San Bernardino amending
Resolution No. 3985 entitled, in part, "A Resolution...prohibiting parking
upon certain designated streets, alleys, or portions thereof..." to establish a
no parking except by permit at any time zone on Ash Street between Valles
Drive and seven hundred feet west of Northpark Boulevard, Ginkgo Street
between Valles Drive and the end of Ginkgo Street east of Valles Drive,
Sycamore Street between Live Oak Street and the end of Sycamore Street
west of Valles Drive and Valles Drive between Campus Parkway and the end
of Valles Drive approximately twelve-hundred feet south of Ash Street.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-298 was adopted unanimously.
13. Resolutions authorizing the execution of a Trust Indenture, Lease-Purchase
Agreement, Deed of Trust, and Promissory Note relative to the purchase of
property located at 120 S. "D" Street for a Fire Department Maintenance
Facility
RES. J-54 - Resolution of the San Bernardino Joint Powers Financing
Authority authorizing and directing the execution of a Promissory Note; a
Trust Indenture; a Deed of Trust; and a Lease-With Right of Purchase
Agreement relative to property located at 120 South "D" Street, San
Bernardino, for a City Fire Department Maintenance Facility. (13A)
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08/17/2009
RES. 2009-299 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Lease-With Right of Purchase Agreement
between the San Bernardino Joint Powers Financing Authority and the City,
relative to property located at 120 South "D" Street, San Bernardino, for a
City Fire Department Maintenance Facility. (13B)
Joe Ortiz, San Bernardino, CA, spoke about Operation Phoenix and the need for
additional public safety personnel.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A and B, be adopted. Joint
Powers Financing Authority Resolution No. J-54 and Mayor and Common
Council Resolution No. 2009-299 were adopted unanimously.
14. Item deleted
15. RES. 2009-292 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Amendment No. I to the
agreement for auditing services by and between the City of San Bernardino
and Rogers Anderson Malody and Scott L.L.P. for the provision of fmancial
auditing services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-292 was adopted unanimously.
16. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and issuance of an annual
purchase order to Fire Recovery USA to provide billing services for
hazardous spills resulting from traffic collisions.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 8,2009. The motion carried unanimously.
17. RES. 2009-293 - 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 Allstar Fire Equipment in the amount of $34,489.25 for
the new generation Fire Shelters.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-293 was adopted unanimously.
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08/17/2009
18. RES. 2009-300 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a lease agreement
with the County of San Bernardino for the lease of a portion of the Delmann
Heights Community Center to be used for the Head Start Program.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Director of Finance be authorized to include in the FY 2009/10 budget increased
revenue reimbursement in the amount of $36,720 ($22,860 in rental revenue and
$13,860 in estimated utilities reimbursement) in Account No. 001-000-4901. The
motion carried and Resolution No. 2009-300 was adopted unanimously.
19. RES. 2009-294 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the sale of sewer unit number 548 in the
amount of $1.00 to the City of San Bernardino Water Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-294 was adopted unanimously.
20. 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 $238,000 with three (3) one-year extensions at the City's
option to Rehrig Pacific Company for the purchase of automated carts for
residential refuse services.
Council Member/Commissioner McCammack stated that she was concerned that
the company that was awarded the contract was not the lowest bidder and that the
company who was the lowest bidder was willing to replace the broken carts rather
than repair them.
Council Member/Commissioner Estrada stated that she received a request from
Otto Environmental to meet with them to discuss this issue and they had several
questions relative to the process that was followed. She stated that she had
checked with Mr. Penman and he indicated that the process that was followed was
legal. However, one of the questions that was raised had to do with a statement
contained in the bid document that, irrespective of whatever problems there
would be with the units, they would be replaced by the company that was
selected.
Carey Holmes, Otto Environmental Systems, Eloy, AZ, noted that the area of
contention is that it had been stated in the staff report that Otto's warranty was
not as good as Rehrig's warranty. However, it is the industry's standard
warranty that they all use.
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08/17/2009
Ken Fischer, Public Services Director, stated that each of the companies that
provided a bid did provide a warranty and the one for Otto specifically said,
"Any component parts that fail due to defects in material and workmanship shall
be repaired or replaced by Otto Environmental Systems within a reasonable
period of time, at no cost to the buyer." Mr. Fischer stated that it was not clear
what that meant, so City staff met with representatives from Otto and were told
that replacement parts would be provided to fix the containers. Rehrig, on the
other hand, stated that their warranty included failure of the cart body, lid, lid
attachment, wheels, axles, and all hardware. In other words, they would provide
the City with a completely new cart if failure were to occur within zero to nine
years.
Mr. Fischer stated that there is a cost difference of $13,000; however, he took
into account the service he has received from Rehrig in the last five years, the
quality of their product, and their warranty, and he felt that it was appropriate to
recommend keeping the current provider.
Mr. Holmes stated that they were the lowest responsive bidder and their warranty
covers their containers for ten years whether they need to be repaired or replaced
entirely.
Council Member/Commissioner McCammack requested that the Council be
provided with copies of the warranty documents.
City Attorney Penman requested that this matter be continued for two weeks so
his office could compare the warranty documents and report back to the Council.
Council Member/Commissioner Johnson stated that it would be helpful if they
could get some pictures of the containers.
Brad Gust, Rehrig Pacific Company, Los Angeles, CA, stated that they will
replace the entire cart for the City and they maintain a low failure rate.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council!
Commission meeting of September 8, 2009, and that staff work with the City
Attorney to address questions posed by the Council. The motion carried
unanimously.
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08/1712009
21. RES. 2009-295 - 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 $27,909.48 to Fairview Ford for the
purchase of a 2010 IS-passenger Econoline Van to be utilized by the Parks,
Recreation and Community Services Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-295 was adopted unanimously.
22. RES. 2009-296 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance of
an annual purchase order in the amount of $116,000 with three (3) one-year
extensions at the City's option to Fairview Ford Sales Incorporated of San
Bernardino for specific Ford parts and supplies to support the City's light
and heavy vehicle fleet.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-296 was adopted unanimously.
23. RES. 2009-297 - Resolution of the City of San Bernardino authorizing the
purchase of a Digital Image Management System upgrade for the San
Bernardino Police Department from Linear Systems of Rancho Cucamonga,
California.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-297 was adopted unanimously.
24. RES. 2009-301 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a seatbelt mini-grant application
by the Police Department to the California Office of Traffic Safety/DC
Berkeley Traffic Safety in the amount of $118,842.84, and authorizing the
Police Department to administer the grant funds, if awarded, in accordance
with the grant expenditure plan.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-301 was adopted unanimously.
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08/17/2009
25. RES. 2009-302 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Police Department to accept, if awarded, a
Driving Under the Influence (Dlli) mini-grant from the State of California
Office of Traffic Safety in the amount of $15,507.06.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution No.
2009-302 was adopted unanimously.
26. Request for fee waiver - Rockabilly Route 66 Car Show - September 19,
2009 at Nunez Park
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Shorett, that the request for a waiver of fees from Sigma
Beta Xi, Inc., in connection with Wyatt's Paint and Body, for personnel and
equipment costs in the amount of $6,090 associated with the conduct of their 2009
Rockabilly 66 car show, to be held at Nunez Park on September 19, 2009, be
approved; and that the actual costs to the Parks and Police departments in the
amount of $2,633 be transferred from the Civic and Promotion Fund into their
departmental budgets. The motion carried unanimously.
27. Approval of a Police Operated Impound Facility
Council Member/Commissioner McCanunack stated that she would abstain from
voting on this matter because one of the franchisees is a business client. She left
the Council Chambers and returned after the vote was taken.
City Attorney Penman stated that the Board of Directors of the Chamber of
Commerce has taken a position in opposition to this tow yard, and due to the fact
that his wife is President and CEO of the Chamber of Commerce, and to avoid
the appearance of a conflict, he stated that he would recuse himself. He advised
that Special Counsel Sabo would be available to answer any questions.
Keith Kilmer, Chief of Police, highlighted the basic elements of the proposal for
the Council and the audience. He stated that they are only looking at impounded
vehicles and that the tow companies would continue to provide tow services to the
City. He explained the difference between impounded vehicles and stored
vehicles and answered a question posed by the Council regarding the percentage
of vehicles that are stored versus impounded.
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08/17/2009
Lt. Burguan, Police Department, explained the difference between impound fees
and the daily storage rate, which would be split between the City and the tow
carriers. He stated that during the meetings they had with some of the tow
carriers, it was projected that they would lose approximately 37 percent of their
revenue.
John Vach, Wilson Towing, San Bernardino, CA, stated that the Police
Department had indicated that they perform 9,000 tows annually when, in
actuality, they have performed only 7,400. He added that the revenue streams
are 20 percent lower than the numbers they have provided because they are using
data from 2007. Mr. Vach indicated that he has projected loss of revenue to the
tow companies to be somewhere around 55 to 60 percent, which would devastate
and eliminate his company's existence. He stated that their loyalty and service to
the City has never been in question, and the only reason they are here today is
because the City is out of money.
Arlan White, Colton, CA, stated that he has been running a tow company for 30
years in the City of Colton where they've opened up a yard. He stated that he
has lost half of his trucks, half of his employees, and the other half has been cut
to part time. He stated that the City of Colton takes the good cars and gives the
junk to the tow companies.
Shirley Harlan, San Bernardino, CA, stated that she wants the Police
Department to do what they have been sworn to do. She does not want to see
them running a business.
Joe Ortiz, San Bernardino, CA, stated that it sounds like more of the City's
Police officers will be taken off the streets and put into the tow yards. He stated
that this item will destroy jobs and the loss of income to these families will affect
the City's economy.
Jason Desjardins, Big Z Towing, San Bernardino, CA, read and submitted into
the record a letter addressed to the Honorable Patrick J. Morris and the Common
Council from Michael P. McGovern of The McGovern Law Firm, dated August
17,2009.
Mike and Michelle Hayes, San Bernardino, CA, stated that this action would
hurt their business and their employees, and will affect their children.
Jerry Fair, San Bernardino, CA, stated that they have received a lot of support
and he has received calls from different towing companies all over the State
thanking them for what they are doing. He stated that this proposal is unjust,
unconstitutional, and unfair.
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08/17/2009
Larry Quiel, San Bernardino, CA, stated that he has had the opportunity to sit in
on some of the meetings on this issue and he was appalled that it has made it this
far. To those who proclaim to be pro-business, this is the worst action that could
be taken against business in the community.
Jay Lindberg, San Bernardino, CA, stated that he was glad to see the Chamber
of Commerce here to speak because you have to protect businesses in your
community. He stated that other businesses are going to look at what the City is
doing and they are going to have second thoughts about moving here.
Ron Coats, San Bernardino, CA, stated that the City needs to be in the business
of governing, not in the business of business. Costs to the City if they were to
take over this portion of the towing business would include leasing the land,
installing paving, lighting, and fencing, assuming liability for the vehicles, and
any damage caused during towing and storage, any overcharges, missing property
inside the vehicle, and paying other lien holders for any lien sales. Some
additional costs to the City would include employee costs such as workers'
compensation, retirement, other public employee benefits, and replacement of
damaged equipment.
Mr. Coats stated that additional liability could be injury to the general public as
the result of employee negligence. He stated that the City currently collects
$460,000 per year in franchise fees from the combined six towing companies and
receives $260 per vehicle that is towed, commonly referred to as
"nonconsequential tows." The financial losses the towing companies would
sustain would amount to half or more of their income. This would eliminate the
franchise fees resulting in a huge financial loss to the City because if you're going
to take away their income you can't keep charging them the same fee. Mr. Coats
suggested that the Council think long and hard before they approve this.
Judi Penman, San Bernardino, CA, stated that she works very hard to keep
businesses in San Bernardino. Every day she tells people that the City is business
friendly, but they tell her that the City is not business friendly. She stated that
these families, these employees, these businesses are asking for help.
Council Member/Commissioner Kelley asked staff to respond to the issue raised
by Mr. Vach regarding the discrepancy in the number of tows-7,400 compared
to 9,000.
Lt. Burguan stated that the numbers that were used in the report were based on
2007 data. In 2008, the total number of tows was 8,800. So far this year, from
January to June, the total number is 3,845. In 2008 the total number of impounds
was 5,998. This year through June, the total number of impounds is 2,949.
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08/17/2009
Council Member/Commissioner Kelley stated that if the Council did not act on
the recommendations of City staff, they would be looking at a hole in the budget
of approximately $483,000. He asked the City Manager if they could fill that
hole by taking $483,000 from the City's reserve.
City Manager McNeely answered in the affirmative.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that $483,400 be taken from the budget reserve
to replace the net revenue from the proposed Police Impound operation; and that
the item be sent back to the Ways and Means Committee for further study. The
motion resulted in a tie. Ayes: Baxter, Brinker, Johnson. Nays: Estrada,
Shorett, Kelley. Abstentions: McCammack. Mayor/Chairman Morris
broke the tie with a "no" vote, and the motion failed.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that no action be taken on staffs recommendation
for approval of the Police operated Impound Facility; and that $483,400 be taken
from the budget reserve to replace the net revenue from the proposed Police
Impound operation. The motion carried with McCammack abstaining.
28. Public Hearing - An Ordinance adding Area 6 to the areas designated within
the Emergency Shelter Overlay District as provided in Development Code
Section 19.10-E.020 (Continued from August 3,2009)
An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code (Development Code) Section 19.08.020, Table 08.01,
modifying the land use districts overlain by the Emergency Shelter Overlay
District and adding Area 6 to the areas designated within the Emergency
Shelter Overlay District as provided in Development Code Section 19.10-
E.020. FIRST READING
Note: No ordinance was distributed with the backup materials.
The hearing remained open.
Valerie Ross, Director of Development Services, stated that this item had been
continued from the last Council meeting so that staff could prepare an ordinance.
She stated that staff worked on a draft ordinance and the City Attorney's office
determined that they would need to prepare an amendment to the Development
Code and follow that process. As a result, staff's recommendation is that the
matter be referred to the Planning Commission.
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08/17/2009
Ms. Ross stated that considered concurrently with this matter is Agenda Item No.
38, which is the appeal of Conditional Use Permit No. 08-21, and staff's
recommendation is that it be continued to September 21, 2009. She stated that
the goal is to take this Development Code Amendment to the Planning
Commission on August 26, 2009, and then to the Council on September 21,
2009.
Lauren Nevitt, Attorney with the Law Firm of Sidley Austin, representing
Human Potential Consultants (HPC), stated that on August 3, 2009, the Council
voted to continue the item to this meeting and directed Planning staff to prepare
an ordinance that would add the site located at 673 South Waterman Avenue to
the Emergency Shelter Overlay District. She stated that in the past two weeks
HPC has met with City staff and they understand that in order for the ordinance
to be effectively amended, it must first be referred back to the Planning
Commission and then presented to the Council as a regular ordinance.
She stated that HPC's only goal is to develop an emergency shelter to best meet
the needs of the City's growing homeless population. HPC recognizes that the
goal of providing much needed beds in support of services to the homeless
already living in the community is best met by working with the City to amend
the ordinance in a proper manner. Therefore, HPC is ready and willing to
cooperate with the City Council, the Planning Commission, and the community to
pass the amendment to the Emergency Shelter Overlay District. However, Ms.
Nevitt stated that HPC wanted to remind the City that it may not engage in any
undue delay. State law compels the City to work with HPC to develop the
proposed emergency shelter. Senate Bill (SB) 2 prohibits the City from taking
discretionary action to disapprove emergency shelters based upon "not in my
backyard" concerns. This legal issue was first presented to this Council on
March 16, 2009, and remains unchanged.
Ms. Nevitt stated that since that first meeting, HPC has collaborated with the City
by engaging in a four month long search for an alternative site to the originally
proposed North Sierra Way site. That search resulted in the identification of a
viable, alternative site located at 673 S. Waterman Avenue. This site is located in
a non-residential neighborhood that is isolated from sensitive uses and is
contiguous to the originally planned Emergency Shelter Overlay District. In
short, it is an appropriate, viable, alternative site. HPC has continuously
collaborated with the City in good faith to find an alternative to the originally
proposed North Sierra Way site and to avoid litigation. She asked that the City
recognize that HPC's proposed emergency homeless shelter would provide a
much needed service to those homeless citizens who are currently living on City
streets. She asked that the Council validate the efforts of City staff and HPC to
bring these services to the City. Ms. Nevitt requested that the Council adopt the
Development Services Department's recommended motion and that the item be
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08/17/2009
referred to the Planning Commission for consideration as a Development Code
Amendment.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
Art Guerrero, President of the Valley View Neighborhood Association, spoke
against locating a homeless shelter with parolees in this neighborhood and voiced
his concern that it would be very close to the Norton Charter Academy.
Council Member/Commissioner Kelley asked Ms. Ross to describe where 673 S.
Waterman Avenue was located.
Ms. Ross stated that the site is located on the east side of Waterman A venue,
south of Mill Street, and north of Central Avenue.
Council Member/Commissioner Estrada stated that the First Ward has more than
its share of these types of facilities and she would not support anymore of these
facilities in her ward. She stated that they went through the process of creating
those zones and she did not want to start amending them.
Council Member/Commissioner McCanunack made a motion, seconded by
Council Member/Commissioner Brinker, that the hearing be closed; and that the
matter be referred to the Planning Commission for consideration. The motion
failed. Ayes: Baxter, Brinker, Johnson. Nays: Estrada, Shorett, Kelley,
McCammack.
29. RES. 2009-303 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Master Services
Agreement by and between the Inland Valley Development Agency and the
City of San Bernardino for provision of City services for Fiscal Year
2009/2010. (Continued from August 3, 2009)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2009-303 was adopted unanimously.
30. Resolution of the City of San Bernardino approving License Agreement No.
09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for
maintenance of temporary shoring under the Mt. Vernon Viaduct between
2nd Street and 4th Street (BR#54C0066). (Continued from August 3, 2009)
Note: No resolution was distributed with the backup materials.
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Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 8, 2009. The motion carried unanimously.
31. Resolution of the City of San Bernardino authorizing and directing the
execution of a Grant of Easement to Southern California Edison across City
owned property located on the northeast corner of Palm Avenue and
Irvington Avenue, known as Tom Minor Park (APN 0261-691-48).
(Continued from August 3,2009)
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 8, 2009. The motion carried unanimously.
32. RES. 2009-304 - Resolution of the City of San Bernardino amending the
City's Master Fee Schedule, Resolution 2009-122, to reflect the new
hazardous material spill fee. (Continued from August 3,2009)
Council Member/Commissioner McCanunack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2009-304 was adopted unanimously.
33. Budget Adoption Fiscal Year 2009-2010
RES. 2009-305 - Resolution of the Mayor and Common Council approving
and adopting the City of San Bernardino's Final Budget for FY 2009-2010;
and establishing the City's appropriation limit as required by Article XIII B
of the California State Constitution; and authorizing the transfer to the
General Fund of Administrative Civil Penalties revenues collected pursuant
to San Bernardino Municipal Code Chapter 9.93 for violations of the San
Bernardino Municipal Code and held in trust; and repealing Resolution 2008-
116. (33A)
Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the City of San Bernardino to establish
2009-2010 expenditures for the month of September, 2009 only, at one-
twelfth the actual levels contained in the adopted budget for 2008-2009 fiscal
year, or as needed to pay the authorized costs incurred for the month of
September, 2009 only, pending final approval of the 2009-2010 budget.
(33B)
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City Manager McNeely stated that it has been difficult trying to come to grips
with the financial circumstances of this economy and its direct impact on the City
of San Bernardino as well as on cities throughout this Country. But, more
specifically, the City of San Bernardino has been attempting to balance a $5
million budget deficit. With the adoption of the State budget, staff has proposed
two major significant changes. First, they have included in the budget strategy a
recommendation to move forward with a loan from the State of $2.9 million and
the second piece of that budget proposal has been a loan from EDA of $1.3
million along with several additional changes. He stated that one change that was
added today and will be incorporated into the budget document had to do with the
tow carriers whereby staff was directed to borrow $483,400 from the reserve
fund to replace the net revenue from the Police Impound operation.
City Attorney Penman submitted and read into the record an inter-office
memorandum addressed to City Manager Charles McNeely from Senior Assistant
City Attorney John F. Wilson, dated August 14,2009, wherein it requested, "that
Position Control Resolution 97-244 be updated to reflect the changes in
authorized positions that were incorporated in the FY 2009-2010 Preliminary
Budget or were authorized by orders of the Mayor and Common Council during
budget deliberations." He stated that his office had received a memo from
Finance just prior to the Council meeting that purported to include that list;
however, Mr. Wilson did not have time to look at that document to see if it
accurately reflected what the Council had previously acted upon. Mr. Penman
requested that this item be continued in order to give his office time to review the
Funded Full-Time Position Listing.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of September 8, 2009. The motion carried.
Ayes: Estrada, Baxter, Kelley, McCanunack. Nays: Brinker, Shorett,
Johnson. Council Member/Commissioner Baxter subsequently changed his
vote to "no," and the motion failed.
City Attorney Penman recommended that Attachment A (Funded Full-Time
Position Listing) to the memo dated August 17, 2009, from the Finance Director
to the Mayor and Council, be incorporated and referenced in the resolution.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said Resolution A be adopted with the
following changes: That Attachment A (Funded Full-Time Position Listing) to
the memo dated August 17, 2009 from the Finance Director to the Mayor and
Council be incorporated and referenced in the resolution; that the proposed Police
Impound Operation be removed and that $483,400 from the budget reserve be
used to replace the net revenue from the proposed Police Impound Operation; and
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that a portion of the budget reserve be designated as a reserve related to
Administrative Civil Penalties. The motion carried and Resolution No. 2009-
305 was adopted. Ayes: Baxter, Brinker, Shorett, Johnson. Nays: Estrada,
Kelley, McCammack.
COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney
Penman, Economic Development Agency Interim Executive Director
Marzullo and Agency Counsel Sabo, City Clerk Clark.
Absent:
None.
R34. Waterman Holdings, LLC - Approve Defense, Indemnification and Hold
Harmless Agreement and Easement, Maintenance and Operation Agreement
(Central City East Redevelopment Project Area) (Continued from August 3,
2009)
Resolution of the Mayor and Common Council of the City of San Bernardino
approving a Defense, Indenmification and Hold Harmless Agreement
between the City of San Bernardino and Waterman Holdings, LLC,
concerning real property (4th Street and Waterman Avenue - APN: 0135-191-
17) (Central City East Redevelopment Project Area). (R34A)
Resolution of the Mayor and Common Council of the City of San Bernardino
approving an Easement, Maintenance and Operation Agreement between the
City of San Bernardino and Waterman Holdings, LLC, concerning real
property (4th Street and Waterman Avenue - APN: 0135-191-17) (Central
City East Redevelopment Project Area). (R34B)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council!
Commission meeting of September 8, 2009. The motion carried unanimously.
R35. Purchase of a new trade and exhibition booth for use by the City of San
Bernardino, the Redevelopment Agency of the City of San Bernardino
("Agency"), the City of San Bernardino Convention and Visitors Bureau and
the Inland Empire Media Group (CATV3)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Baxter, that the Community Development Commission
authorize the Interim Executive Director of the Agency to expend an amount not
to exceed $33,000 with Solutions Rendered, LLC, for the purchase of a new
trade and display booth. The motion carried unanimously.
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R36. Pacific Heritage, Inc., Professional Services Agreement for Construction
Management Services
RES. CDC/2009-44 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Professional Services Agreement by and
between the Agency and Pacific Heritage, Inc., for professional design and
project management services (IVDA Redevelopment Project Area).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-44 was adopted unanimously.
R37. Budget Adoption Fiscal Year 2009-2010/Loan Agreement with the City
RES. 2009-306 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, authorizing the funding of various City of San
Bernardino Fiscal Year 2009-2010 Public Improvement Expenditures and
making findings and determinations as to the benefit to the various
Redevelopment Project Areas for undertaking public improvements in
connection with various City expenditures. (R37A-l)
RES. 2009-307 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Interim Loan Agreement
and the issuance of a Revenue Anticipation Note in the amount of one million
three hundred ten thousand dollars ($1,310,000) to the Redevelopment
Agency of the City of San Bernardino. (R37A-2)
RES. CDC/2009-45 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the Economic
Development Agency's budget for the Fiscal Year 2009-2010 with any such
amendments, changes and modifications that may be specifically authorized
by said Commission, except for those portions of certain budget lines which
are related to the Uptown Redevelopment Project Area. (R37B)
RES. CDC/2009-46 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the Economic
Development Agency's budget for those portions of certain budget lines
which are related to the Uptown Redevelopment Project Area for the Fiscal
Year 2009-2010 with any such amendments, changes and modifications that
may be specifically authorized by said Commission. (R37C)
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RES. CDC/2009-47 - Resolution of the Community Development Commission
of the City of San Bernardino, California, authorizing the funding of various
City of San Bernardino Fiscal Year 2009-2010 Public Improvement
Expenditures and making findings and determinations as to the benefit to the
various Redevelopment Project Areas for undertaking public improvements
in connection with these various City expenditures and approving certain
other expenditures and approving a certain Loan Agreement with the City of
San Bernardino. (R37D)
RES. CDC/2009-48 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving amendments to Exhibits
"A" and "B", deletion of Exhibits "C-64" through "C-66" and Exhibits "C-
87" through "C-89", and addition of Exhibits "C-93" through "C-114" of
the Personnel Policies and Procedures for all employees of the City of San
Bernardino Economic Development Agency. (R37E)
RES. CDC/2009-49 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the Economic
Development Agency's ("Agency") analysis and determination of the
appropriateness of the planning and administration expenditures of the Low-
and Moderate-Income Housing Fund for the Fiscal Year 2009-2010 Agency
Budget. (R37F)
Emil Marzullo, Economic Development Agency Interim Executive Director,
recommended that the Council pass the budget with the understanding that staff
will bring back at least one and possibly two revisions this year as they evaluate
where the State is, their ability to borrow against their assets or refinance their
existing debt, and to work with the City Manager and his staff on getting a handle
on the amount of dollars that are being transferred from the Agency to the City's
general fund.
Agency Counsel Sabo advised that Resolution A had been split into Resolutions
A-I and A-2, and read the titles into the record.
City Attorney Penman stated that the following changes needed to be made on
page 3, lines 6 and 7 of Resolution A-I: (1) State College Project Area
($637,200); (2) Southeast Industrial Park Project Area ($413,000); and
(3) Northwest Project Area ($129,800).
Agency Counsel Sabo advised that the following language needed to be added at
the end of Section 1 of Resolution A-2, "and further authorize the City Manager
to draw such funds from the loan agreement as needed."
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08/17/2009
In addition, Mr. Sabo stated that the entire first paragraph on page 4 of
Resolution D, lines 1 through 12, needed to be deleted.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said Resolutions A-I and A-2 be adopted as
amended adding at the end of Section 1 of Resolution A-2, "and further authorize
the City Manager to draw such funds from the loan agreement as needed." The
motion carried and Mayor and Common Council Resolution Nos. 2009-306
and 2009-307 were adopted. Ayes: Baxter, Brinker, Shorett, Johnson.
Nays: Estrada, Kelley. Abstentions: McCammack.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said Resolutions B-F, be adopted, as
amended, deleting the entire first paragraph of page 4, lines 1 through 12 of
Resolution D. The motion carried and Community Development Commission
Resolution Nos. CDC/2009-45, CDC/2009-46, CDC/2009-47, CDC/2009-48
and CDC/2009-49 were adopted. Ayes: Baxter, Brinker, Shorett, Johnson.
Nays: Estrada, Kelley. Abstentions: McCammack.
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 in the RM, Residential Medium, land use district (Continued from
August 3,2009)
The hearing was closed at the Council/Commission meeting of April 6, 2009.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 21, 2009. The motion carried unanimously.
39. Public Hearing - Request for reconsideration of the denial of Conditional Use
Permit (CUP) No. 07-04 to establish a gas station, car wash, mini-mart with
Type 20 Alcoholic Beverage Control (ABC) license, 2 drive-thru restaurants
and Tentative Parcel Map (TPM) No. 19162 to create 3 parcels on 2.1 acres
at the northeast corner of Inland Center Drive and "I" Street and
Development Code Amendment (DCA) No. 08-02, an ordinance to revise
location standards for convenience stores and ABC licenses (Continued from
August 3,2009)
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An Ordinance of the City of San Bernardino amending Chapter 19.06,
Commercial Districts, Section 19.06.030(2) (F)(4) of the San Bernardino
Municipal Code (Development Code) related to location criteria for
convenience stores. FIRST READING
The hearing remained open.
Terri Rahhal, Deputy Director/City Planner, Development Services Department,
stated that the project is a request for an ARCO am/pm mini-market with a
convenience store as well as development of two drive-thru restaurants and a
parcel map for the development. The project also includes a proposal for an
amendment of the Development Code. Originally the Development Code
Amendment that was presented included proposed revisions to the City's
regulations of issuance of Alcoholic Beverage licenses as well as the location of
convenience stores in proximity to schools. The project included a proposal to
sell beer and wine for the Type 20 Alcoholic Beverage Control (ABC) license in
the convenience market.
Ms. Rahhal stated that the entire project was denied on July 6, 2009, and one of
the main issues related to the project that led to its denial was the ABC license
proposal for the mini-mart. She stated that there is a provision in the
Development Code for an action of the Council to be reconsidered if the applicant
applies to the department within 15 days and presents some new information or a
revision to the project that might affect the original decision made by the Council.
She stated that in this case the applicant had requested that this project be
reconsidered without the proposed ABC license for the convenience store. Ms.
Rahhal stated that Section 19.06.030 of the Municipal Code with respect to the
regulations for locations of convenience stores would still need to be amended to
make the project work, and that provision would read as follows: "Exceptions to
the 1,000 foot distance from schools may be considered on a case by case basis
through the Conditional Use Permit process, considering mitigating factors of
circulation patterns, security and management plans and subject to
recommendations from the affected school district, only for convenience stores
that do not sell alcoholic beverages."
Joe Ortiz, San Bernardino, CA, stated that many businesses have left the City of
San Bernardino and have gone to neighboring cities that are business-friendly and
safe from the criminal element.
The following individuals spoke in support of the project:
Jay Lindberg, San Bernardino, CA;
Alicen Wong, Gresham, Savage, Nolen and Tilden, San Bernardino, CA;
Judi Penman, San Bernardino, CA.
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08/17/2009
Council Member/Commissioner McCanunack made a motion, seconded by
Council Member/Commissioner Brinker, that the Mayor and Common Council
reconsider the July 6, 2009 denial of DCA No. 08-02, CUP No. 07-04 and TPM
No. 19162; that the hearing be closed; that the Mayor and Common Council
approve DCA No. 08-02, revised to omit proposed revisions to ABC license
location criteria, based on the recommended Findings of Fact; that said ordinance
be laid over for final adoption; and that the Mayor and Common Council approve
CUP No. 07-04 and TPM No. 19162 based on the recommended Findings of Fact
and subject to Conditions of Approval revised to omit provisions for alcoholic
beverage sales and the standard requirements contained in the Planning
Commission staff report. The motion carried unanimously.
40. Public Comments
Renee Affaitati, San Bernardino, CA, spoke about the lack of improvements,
loss of jobs and retail, and the abundance of crime in the City of San Bernardino.
Shirley Harlan, San Bernardino, CA, congratulated the Mayor and Council for
not being rude to each other like they have in the past. She urged citizens to
attend the meetings and to become involved.
Roger Henderson, San Bernardino, CA, spoke regarding the graffiti problem in
the City of San Bernardino.
Joe Ortiz, San Bernardino, CA, expressed his dissatisfaction with the City's
current leadership.
C. Patience Summers, San Bernardino, CA, spoke about how badly the police
treat children in the Arden Guthrie area.
Ron Coats, San Bernardino, CA, urged the Mayor and Council to hold an open
forum and explain to all the citizens of San Bernardino the pros and cons of why
the City needs one more unit of low income housing, one more halfway house,
and one more homeless shelter.
Jay Lindberg, San Bernardino, CA, stated that in order to get rid of low income
housing you have to build prosperity by bringing industry back to the City. He
stated that he was still looking for the executive summary for the seismic retrofit
of City Hall. He stated that the only people who are really going to benefit from
building a new City Hall are going to be the developers who build it.
Charles Greenwood, San Bernardino, CA, thanked the City Manager for
thinking about the employees, and stated that he is looking forward to working
with him to make the City a better place to work.
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08/17/2009
Jim Penman, San Bernardino, CA, explained how he made his decision to run
for Mayor of the City of San Bernardino.
41. Adjournment
At 9 p.m., the meeting adjourned. The next joint regular meeting of the Mayor
and Common Council/Community Development Commission is scheduled for
1:30 p.m., Tuesday, September 8,2009.
RACHEL G. CLARK
City Clerk
BY~~"A, bk~At~ /
Linda Sutherland
Deputy City Clerk
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