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HomeMy WebLinkAbout01-24-2011 Jt. Reg Mtg Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Virginia Marquez Jason Desjardins Tobin Brinker Fred Shorett Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MA YOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JANUARY 24,2011 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 1:40 p.m., Monday, January 24, 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, Kelley, Johnson, McCammack; City Attorney Penman; City Manager McNeely; City Clerk Clark. Absent: Council Member/Commissioner Desjardins. Council Member/Commissioner Desjardins arrived at 1:42 p.m. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXIstmg litigation - pursuant to Government Code Section 54956.9(a): 01/24/2011 Odom v. City of San Bernardino - San Bernardino Superior Court, Case No. CIVSS 707125; Brian Boom and the San Bernardino Police Mana/?ement Association v. City of San Bernardino and Keith Kilmer, in his capacity as Chief of Police for the City of San Bernardino, et at. - San Bernardino County Superior Court, Case No. CIVDS 1017219. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: People vs. Carrington 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: Fire Safety G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor/Chairman Morris requested a moment of silence in memory of Wanda Paulin, Jonathan Terrell, Sharon and Steven Vego, Lalo C. Mendoza, Madeline Seymour, J. Willard Monninger, Robert Guillen, Robert Nagy and Pauline Murillo. 2 01/24/2011 Invocation/Pledge of Allegiance The invocation was given by Reverend Bronica Martindale of The Master's Plan. The pledge of allegiance was led by Alexsis Urbanek, a fifth grade student at Fairfax Elementary School. 2. Appointments A. Suzi Nash - Parks and Recreation Commission - Council Member Johnson B. Fred Shorett - San Bernardino International Airport Authority (alternate) - Mayor Morris C. Fred Shorett - Inland Valley Development Agency - Mayor Morris D. Virginia Marquez - Inland Valley Development Agency (alternate) - Mayor Morris Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that the appointment of Suzi Nash, as requested by Council Member Johnson, be approved. The motion carried with Desjardins absent. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Johnson, that appointments B-D, as requested by Mayor Morris, be approved. The motion carried unanimously. 3. Presentations 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 Richard Luczak Sylvia Londean Andrew Weiss Kenneth Yellen Glenn Cline Ruth Parish Robert Goss Juan Gutierrez Randy Kuettle Department City Attorney Finance Fire Fire Information Technology Information Technology Police Public Works Public Works 3 Years of Service 5 20 5 10 15 15 20 5 5 01/24/2011 Council Member/Commissioner Johnson presented the Citizen of the Month Award to the employees of the Integrated Waste Management Division and the Operations and Maintenance Division, who are members of the "Orange Shirt Group." Council Member/Commissioner Kelley read a proclamation designating February 6, 2011 as Ronald Reagan Day, followed by presentations by Robert Rego, President of Friends of Reagan Park, and Anke Otto-Wolf, native of Berlin, Germany, and author of the book "My Peace of the Wall," who spoke about the upcoming dedication of a section of the Berlin Wall at the park. Economic Development Agency Interim Executive Director Emil Marzullo gave a PowerPoint presentation regarding the Economic Development Agency of the City of San Bernardino, 2010 Accomplishments. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner 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 January 24, 2011, be waived. The motion carried unanimously. 6. Claims & 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 January 19, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 4 01/24/2011 7. 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 January 20, 2011 (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. 8. Item deleted 9. Item deleted 10. RES. 2011-8 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement with AT&T Corp. for long distance phone service. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-8 was adopted unanimously. 11. Resolutions of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute service agreements with San Bernardino/Riverside Catholic Charities, San Bernardino National Forest Association Urban Youth Conservation Corps, and the Foundation for California State University San Bernardino for the California Gang Reduction, Intervention, and Prevention (CALGRIP) Grant Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the San Bernardino/Riverside Catholic Charities and issue a purchase order in the amount of $110,000 for CALGRIP Services. (l1A) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the San Bernardino National Forest Association and issue a purchase order in the amount of $196,000 for CALGRIP services. (l1B) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Service Agreement with the Foundation for California State University San Bernardino and issue a purchase order in the amount of $30,000 for CALGRIP evaluation services. (11 C) 5 01/24/2011 Council Member/Commissioner McCammack stated that she would be abstaining on this matter because it involved people her company does business with. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the matter be tabled. The motion carried with McCammack abstaining. 12. RES. 2011-9 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and issuance of a purchase order in the amount of $374,615 between the City of San Bernardino and Roadway Engineering and Contracting Inc. for the 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. 2011-9 was adopted unanimously. 13. RES. 2011-10 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute two Use of Facilities Agreements by and between California State University, San Bernardino and the City of San Bernardino and Inland Empire Pony Baseball and the City of San Bernardino; allowing for both groups I collective use of Fiscalini Field from January 1, 2011 through December 31, 2011, with the option of three (3) one-year renewals; and repealing Resolution 2010-26. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-10 was adopted unanimously. 14. RES. 2011-11 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and issuance of a purchase order in the amount of $86,678.22 between the City of San Bernardino and Williams Scotsman, Inc. for the purchase and installation of modular buildings at Al Guhin Park per Capital Improvement Program Project PR04-28; and repealing Resolution 2010-363. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-11 was adopted unanimously. 6 01124/2011 15. RES. 2011-12 - Resolution of the City of San Bernardino declaring its intention to order the vacation of portions of 7th Street and Vine Street between Mountain View Avenue and Sierra Way and reserving utility easements therein. City Attorney Penman stated that because the City Schools had requested this action, he would be abstaining on this matter due to the fact that his wife is a member of the school board. He advised that Mr. Sabo had reviewed the documents and had given his approval. Council Member/Commissioner McCammack stated that she would be abstaining on this matter because it involved people her company does business with. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-12 was adopted with McCammack abstaining. 16. Authorize the Director of Public Works to execute Contract Change Order No. One with Hillcrest Contracting, Inc. for the Victoria Avenue Street Improvement and Beautification Project, Phase II, per plan No. 12321 (Project No. SS05-25) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Shorett, that the Director of Public Works be authorized to execute Contract Change Order No. One with Hillcrest Contracting, Inc. for the Victoria A venue Street Improvement and Beautification Project, Phase II, per Plan No. 12321 (Project No. SS05-25). The motion carried unanimously. 17. RES. 2011-13 - Resolution of the Mayor and Common Council authorizing the execution of an agreement between the City of San Bernardino and the San Bernardino Black Culture Foundation for financial assistance from the 2010/2011 Civic & Promotional fund. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, to adopt said resolution; approve the request from the Black Culture Foundation for direct funding in the amount of $5,000, and indirect funding in the amount of $24,032.77 to be transferred from the 2010/11 Civic and Promotion Fund to various City departmental accounts, as listed in the staff report from Charles McNeely, City Manager, dated January 19, 2011; and approve a waiver of fees for the use of City personnel and equipment to assist in the 2011 Black History Parade scheduled for February 5, 2011. The motion carried and Resolution No. 2011-13 was adopted unanimously. 7 01124/2011 18. Authorize the modification of job descriptions - various departments - per staff report from Director of Human Resources dated January 19, 2011 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that the Human Resources Department be authorized to update the job descriptions. No vote was taken. Council Member/Commissioner McCammack requested that the mInImUm qualifications and educational requirements contained in the job descriptions for the Chief of Police and Assistant Chief of Police be amended to be consistent with the new job descriptions. Council Member/Commissioner McCammack made a substitute motion, seconded by Council Member/Commissioner Kelley, that the Human Resources Department be authorized to update the job descriptions; that the minimum qualifications and educational requirements contained in the job descriptions for the Chief of Police and Assistant Chief of Police be amended to be consistent with the new job descriptions; and that if any other changes need to be made, that the matter be referred to the Personnel Committee. The motion carried with Shorett and Kelley voting "no." 19. RES. 2011-14 - Resolution ratifying the submittal of a grant application to General Mills Champions for Healthy Kids for the amount of $10,000 to implement the "Keep it Moving" Youth Activity Program. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-14 was adopted unanimously. 20. Appeal Hearing - Appeal of the City Clerk's denial of an application submitted by Xia Yu for a permit to operate as a massage technician (Continued from December 20,2010) Mayor/Chairman Morris opened the hearing. Cindy Buechter, Business Registration Manager, stated that San Bernardino Municipal Code Section 5.20, which governs massage, required the applicant to submit an application for a background investigation by the Police Department and certain criteria must be met for the permit to be issued for a massage technician. The Police Department conducted their background and found several areas that did not meet the requirements of Section 5.20, which included the requirement for three statements or references from citizens of San Bernardino County indicating that the applicant is a person of good moral character. 8 01/24/2011 During the Police Department's investigation they found that one of the references did not know the applicant and was not a resident of San Bernardino County. Another reference stated that he did know the applicant and that she had worked at his massage establishment within the last two years as a massage technician at his location in San Bernardino. The applicant failed to list this on the application and she did not have a permit or a business registration to operate as a massage technician at that location. In addition, Section 5.20 requires a diploma from a school requiring a course of study of not less than 600 hours to be given in not less than six months. The applicant attended Oriental Medicine Institute of America from March to June of 2003 and was issued a diploma in less than the three months for the required 600 hours. The Police Department made numerous attempts to contact the applicant by phone but no return calls or messages were received. Based on the Police Department's recommendation, the City Clerk denied the application and sent the letter of denial on November 3, 2010. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that she would provide true and honest testimony and Mayor/Chairman Morris administered a translator's oath to George Chiang, interpreter for the applicant. Mr. Chiang stated that all three of the references noted in the application have known the applicant for over one year and that two of the three references were present. The third person was busy and could not attend. Mr. Chiang stated that the applicant said she was accused of working in another massage establishment which is not true because she has never worked in the City of San Bernardino before and she has brought two years worth of tax returns as proof. She also has evidence of the school she previously attended-the Oriental Medicine Institute of America. She finished the course within the six-month period because she was on an accelerated schedule and she has the time sheets for all of her attendance. After that she attended another school for additional massage training and she has a transcript from that school as well. Ms. Buechter stated that the Police Department could expand on what their investigation entailed because she understood that they spoke to her references. In the matter of the school, the ordinance is specific that the school must require a resident course of study of not less than 600 hours to be given in not less than six calendar months; therefore, an accelerated course of less than six months would not be acceptable. Mayor/Chairman Morris requested that staff meet with the applicant and her interpreter, review the additional documentation she brought with her, re- 9 01/24/2011 interview the references who are present, if necessary, and then return for further discussion. After meeting with the applicant, Ms. Buechter stated that the new transcript that was provided was for an additional 250 hours obtained in a six-week period. This transcript, together with the original transcript that was submitted with the application, still comes under the six-month requirement. She has the required number of hours, but it needed to be acquired in not less than six months, so it still does not meet that criteria. They also could not produce the third reference. Ms. Buechter stated that the applicant had requested that the Mayor and Council make a decision this evening; therefore, based upon the information provided by the applicant, staff recommended denial of the application. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the hearing be closed; and that the Mayor and Common Council uphold the City Clerk's denial of Xia Yu's application for a permit to operate as a massage technician. The motion carried unanimously. 21. Public Hearing - resolution imposing liens on property for uncollected business registration fees RES. 2011-15 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Desjardins stated that he does own a couple of properties in the City, but he has not been able to thoroughly review the backup; therefore, he stated that he would be abstaining from any discussion relative to this matter. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibits A and B which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2011-15 was adopted with Desjardins abstaining. 10 01/24/2011 22. Public Hearing - An ordinance to amend Chapter 19.06 of the Development Code to modify location criteria for convenience stores and a request for a conditional use permit to establish a Type 20 Alcoholic Beverage Control license to permit beer and wine sales at an automobile service station convenience store approved for construction at the northeast corner of Inland Center Drive and "I" Street (DCA No. 10-05; CUP No. 10-14) 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) to modify location criteria for convenience stores. FIRST READING Mayor/Chairman Morris opened the hearing. Terri Rahhal, Community Development Deputy Director/City Planner, stated that in August 2009 the Council approved a development project at the location for an Arco AM/PM gas station with a convenience store, car wash, and two drive-thru restaurants. Concurrent with the development application that was approved in 2009, there was a request for a development code amendment that was approved. The development code amendment that was approved a year ago modified the location criteria for convenience stores, which at that time in 2009 there was a standard in the Development Code that stated that no convenience store could be located within 1,000 feet of any school-kindergarten through twelfth grade. The development code amendment that was approved with the development project amended the location criteria to allow for site specific review through the conditional use permit process to consider requests for convenience stores on a case-by-case basis and to incorporate the review of the affected school district. The one thing upon approval of that project was that both the development code amendment and the project approval specifically excluded any convenience store that would have alcoholic beverage sales. The development project was approved, construction plans have been prepared and approved, and the site stands ready for development. The current request is for a Conditional Use Permit (CUP) to permit a Type 20 alcoholic beverage control license for the convenience store that would permit sales of beer and wine at the location. In order to approve that conditional use permit, the previous code amendment would have to be modified again to delete the exclusion of any convenience store with alcoholic beverage sales. Since the actions that were taken in August 2009, the City recently completely overhauled the alcoholic beverage sales activity criteria in the Development Code through what is called the "Deemed Approved Ordinance." Under the "Deemed Approved Ordinance" there are provisions for approving alcoholic beverage sales at various locations, which does provide for a gas station with a convenience store 11 01/24/2011 to apply for an ABC license even if it's near a sensitive use. In essence, the previous code amendment from 2009 has a remnant requirement regarding ABC licenses which somewhat conflicts with the "Deemed Approved Ordinance" which is in another section of the code. On November 17, 2010, the Planning Commission considered the request for a conditional use permit application for the Type 20 license at this location and the concurrent development code amendment request. The Planning Commission recommended approval of the CUP and the code amendment based in great part on the applicant's testimony as to the need for an ABC license to make the project viable by being on a level playing field with other gas stations that are available along the 1-215 Corridor, and all of the other locations that this site would be competing with that do have ABC licenses. In addition, the applicant has been proactive in working directly with the San Bernardino City Unified School District and has signed a Memorandum of Understanding with the school district providing for this project to fund a crossing guard at the location near Urbita Elementary School and to fund safety-related education for the school. The project site is across "I" Street from Urbita Elementary, which actually fronts on "J" Street, so it is within very close proximity to the project site. The MOU provides for many restrictions on alcoholic beverage sales which the applicant voluntarily agreed to with the school district and all of those restrictions have been incorporated in the recommended conditions of approval. Also, the applicant has met on more than one occasion with the nearby Valley College Neighborhood Association and received support for the application. Ms. Rahhal stated that staff's recommendation is that the ordinance be laid over for a second reading and that CUP No. 10-14 be approved, based on the Findings of Fact and Conditions of Approval recommended by the Planning Commission. A letter addressed to the Planning Division from Dr. Martha Jo Peters dated January 24, 2011, which expressed her opposition to the project, was distributed to the Mayor and Common Council and entered into the record. An interoffice memorandum addressed to the Council Members from Valerie C. Ross, dated June 12, 2008, which addressed concerns that had been raised by Ms. Peters, was distributed to the Mayor and Common Council and entered into the record. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Dr. Martha Jo Peters, Sun City, CA, spoke against the project; Amelia Lopez, San Bernardino, CA, spoke against the project; 12 01/24/2011 Jim Eble, Neighborhood Cluster Association President for the Valley College Area, San Bernardino, CA, spoke in support of the project. Jack Kofdarali, applicant, stated that he voluntarily submitted over 30 self- imposed conditions to his project that was not required by ABC, nor was it required by the City. He stated that he is a responsible retailer and for that he submitted conditions such as no sales of single products and no sales of any products over 22 ounces. Mr. Kofdarali stated that they are looking for the take- home client. They are not interested in the single purchaser-they don't allow that. They are interested in the customer who wants to stop by and do a one-stop shop to buy some gas, ice, chips, and maybe get a 12-pack of beer for the weekend to enjoy during a football or basketball game or whatever family event they have as a responsible consumer. If his request for an ABC license is not approved, he believes he will be placed at a competitive disadvantage against the other retailers in the area who do sell those products. Mr. Kofdarali stated that he currently owns and operates 25 gas stations and he has never received a violation for alcohol sales. He is a member of the Board of Directors, the Executive Committee for the National Association of Convenience Stores, and he chairs the Franchise Advisory Council. He stated that on average his sites generate anywhere from $800,000 to $1 million per month in sales, which should bring in from $60,000-80,000 in sales tax revenue to the City for the gas station alone, and they will have a minimum of 15 fully-trained employees. Council Member/Commissioner McCammack stated that her concern with this development code amendment is the fact that it doesn't just apply to this location-it will apply Citywide. City Attorney Penman advised that if the development code amendment that is part of the motion is passed tonight, the Council will be tying their hands in the future if there are other applications for similar projects within 1,000 feet of any school. Mayor/Chairman Morris stated that this CUP includes some 44 different self- imposed restrictions. This particular applicant has agreed to everything required by the community that surrounds him, by the school, and by the Police and Planning Departments. Mr. Penman stated that he had nothing but praise for the CUP and for the business owner who voluntarily agreed to the conditions; however, he stated that the issue is with the development code amendment that would allow these establishments within 1,000 feet of schools and would open Pandora's Box for potential future problems for this Mayor and Council. 13 01/24/2011 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; that said ordinance be laid over for final adoption; and that CUP No. 10-14 be approved based on the findings of fact and subject to the conditions of approval and standard requirements contained in the Planning Commission staff report dated November 17,2010. The motion carried with Johnson and McCammack voting "no." 23. Public Hearing - An ordinance to amend Chapter 19.22 of the Development Code to provide for electronic message center signage for the Uptown Redevelopment Project area and a request for a Conditional Use Permit to construct a 1,078 square foot freeway-oriented electronic message center sign, 75 feet in height, at the southeast corner of 3rd and "I" Streets. (DCA No. 10-02; CUP No. 10-09) An ordinance of the City of San Bernardino amending Chapter 19.22, Sign Regulations, Section 19.22.080(7)(A) of the San Bernardino Municipal Code (Development Code) to provide for approval of an electronic message center sign for the Uptown Redevelopment Project Area. FIRST READING Note: No ordinance was distributed with the backup materials. Staff stated that they had received a request from the applicant to continue this matter to March 21, 2011. Council Member/Commissioner Desjardins stated that he would have to recuse himself as he was the original applicant on this project. He stated that he owned the subject property and applied for this CUP prior to being elected to the City Council. He added that he no longer owns the property. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McCammack stated that she would be abstaining as this property is located in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. City Attorney Penman advised that Government Code Section 1090 provides that, "Members of the legislature, state, county, district, judicial district, and city officers or employees shall not be financially interested in any contract made by them in their official capacity, or by any body or board of which they are members. Nor shall state, county, district, judicial district, and city officers or employees be purchasers at any sale or vendors at any purchase made by them in their official capacity. As used in this article, "district" means any agency of the state formed pursuant to general law or special act, for the local performance of governmental or proprietary functions within limited boundaries." 14 01/24/2011 Mr. Penman stated that as Councilman Desjardins had explained, he was the owner of that property and was the applicant, and he has represented to the City that he no longer owns that property, which needs to be verified. He stated that staff recommended a 60-day continuance and Councilman Desjardins had agreed to that. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Shorett, that the matter be continued to the Council! Commission meeting of March 21, 2011. The motion carried with Desjardins and McCammack abstaining. 24. Selection and Approval of an Impasse Procedure by the Mayor and Common Council regarding the San Bernardino Fire Safety employees negotiations Irma Rodriguez Moisa, outside consultant who was asked to serve as the negotiator on behalf of the City with respect to the Firefighter Employees Association, stated that they have reached an impasse in the negotiations. The City negotiators have been meeting with the Firefighters Association for several months and they have been unable to reach an agreement. As a result, in mid- December the City declared an impasse, and under the City's employer/employee resolution when one of the parties declares an impasse, the parties are to meet to discuss whether they can agree on an impasse resolution procedure or, if they cannot agree, it would be brought to the attention of the Mayor and Council to make a determination. Ms. Moisa stated that they had a meeting this morning with the Firefighters Association and they have requested mediation as part of the impasse resolution procedure. City staff recommend instead that a hearing be set before the Council to make a determination as to whether impasse is in fact in place and a Last, Best and Final offer should be imposed. She stated that earlier today she received an e-mail from Mr. Glave, who serves as a negotiator for the Firefighters Association, putting in writing his request that they go to mediation. Ms. Moisa recommended that they set the hearing for a couple of reasons. She stated that they are truly at impasse. The firefighters do not believe the City is facing a fiscal crisis or that the concessions they are asking for are needed. In fact, their last proposal removed from the table any concessions that had previously been discussed and they added some cost items instead. She stated that the way the impasse procedure works is that it comes back to the City Council. They believe that coming to the Council and having each side respectively present their relative positions is a better, more efficient way of addressing the current impasse. 15 01/24/2011 Mayor/Chairman Morris clarified that the Union had an opportunity to go to mediation and they refused. Ms. Moisa stated that they offered mediation to them in November because at that point it became clear that there were fundamental differences with respect to the budget. The Union refused the City's offer at that time. She did inquire as to what was different this time, and they stated that the difference is that they have officially declared impasse. Council Member/Commissioner McCammack requested that the e-mail addressed to the Council Members from Corey W. Glave, Co-Lead Negotiator for the San Bernardino City Professional Firefighters, Local 891, dated January 24, 2011, be entered into the record. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that a meeting be set for Wednesday, February 2, 2011 at 5:30 p.m. in the Council Chambers of City Hall for the purpose of hearing testimony from the Fire Union and the City, and that said meeting be televised. The motion carried with Kelley and McCammack voting "no." 25. Public Hearing - Resolution ordering vacation of a Public Utility Easement (P.U.E.) located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue RES. 2011-16 - Resolution of the City of San Bernardino ordering the vacation of a Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia Avenue, and reserving utility easements therein. Mayor/Chairman Morris opened the hearing. City Attorney Penman stated that this action was requested by the San Bernardino City Unified School District and because his wife is a member of the governing board of that district he would have to recuse himself. He requested that any legal questions be referred to Mr. Sabo. Council Member/Commissioner McCammack stated that she would be abstaining as the school district is a business client. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the public hearing be closed; that the Findings of Fact, as set forth in the staff report from Nadeem Majaj, Director of 16 01/24/2011 Public Works, dated January 12, 2011, as to why the Public Utility Easement (P.U.E.) generally located between vacated Turrill Avenue and Garner Avenue, south of vacated Magnolia A venue is no longer necessary for public utility purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2011-16 was adopted with McCammack abstaining. 26. Presentation on the Brown Act (Continued from January 10, 2011) Diane C. Roth, Sr. Assistant City Attorney, made a brief presentation regarding the Brown Act. Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Marquez, that said presentation be received and filed. The motion carried unanimously. 27. City of San Bernardino Strategic Communications Plan (Continued from January 10, 2011) Heather Gray, Manager of Communications, gave a PowerPoint presentation to the Mayor and Common Council entitled, "City of San Bernardino, Building a Better Community through Strategic Communications, dated January 10, 2011." Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the City of San Bernardino 2011-2012 Strategic Communications Plan be received and filed. No vote was taken. Council Member/Commissioner McCammack voiced her concerns regarding an identified cost of an additional $300,000 per year and unidentified costs on approximately ten different items. She stated that she could support a motion to receive and file, but she could not support a motion to implement the plan with those kinds of costs. She stated that this plan would add three staff members at a cost of $80,000 each, and a consultant at $25,000. Ms. Gray stated that the items the Council was being asked to respond to today are items that are at a low or minimal cost. She stated that she put a potential associated cost with some of the other items, but those were recommendations and staff would come back to the Council with anything that would be an actual cost they would incur. City Manager McNeely stated that they are not requesting that the Council authorize any additional funding. There are some additional items, but they would be required to bring those back to the Council. This is all being done within the existing budget. 17 01/24/2011 Council Member/Commissioner Brinker requested clarification that no money is going to be spent based on the approval of this plan and that any item that requires something to be spent is going to come back to the Council. What they are doing is giving their approval to begin to take the necessary steps to prepare for those decisions that may come up down the road. City Manager McNeely stated that the communications budget is very slim so any additional cost beyond what has already been approved by this Council would have to be brought back. What they are trying to do is simply give the Council a rough idea of the programs and what the costs would be and get some direction to go explore those things and bring them back to the Council including the cost and timeframe in which to get them done. Council Member/Commissioner Brinker made a substitute motion, seconded by Council Member/Commissioner Desjardins, that the City of San Bernardino Strategic Communications Plan be approved; and that the City Manager be directed to implement the plan. The vote was taken following further discussion. Council Member/Commissioner McCammack made a second substitute motion, seconded by Council Member/Commissioner Kelley, to accept the Strategic Communications Plan and direct the City Manager to implement every item in the plan that has no additional cost to it. The motion failed by the following vote: Ayes: Kelley, McCammack. Nays: Marquez, Desjardins, Brinker, Shorett, Johnson. The substitute motion made by Council Member/Commissioner Brinker, seconded by Council Membe/Commissioner Desjardins, that the City of San Bernardino Strategic Communications Plan be approved; and that the City Manager be directed to implement the plan was adopted with Kelley and McCammack voting "no." 28. RES. 2011-17 - Resolution of the City of San Bernardino establishing a fair market value and sales price of $22,000 and declaring the intention of the City to sell City of San Bernardino Municipal Water Department owned property generally located northeasterly of Meyers Road and west of Martin Ranch Road to Montecito Equities, Ltd. and setting a public hearing for February 22, 2011 at 4:00 p.m., to consider said sale. (Continued from December 6,2010) Public Comments: David Goodward, Grand Terrace, CA, representative of the San Bernardino Valley Audubon Society; Frank Schnetz, San Bernardino, CA, consultant with Montecito Equities, Ltd. 18 01124/2011 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Desjardins, that the City Engineer be authorized to proceed with the sale of City Water Department property generally located northeasterly of Myers Road and west of Martin Ranch Road, and being a portion of APN 0348-101-76; and that said resolution be adopted. The motion carried and Resolution No. 2011-17 was adopted with Johnson voting "no." 29. RES. 2011-18 - Resolution of the City of San Bernardino authorizing a critical technology infrastructure upgrade for the City of San Bernardino; agreements with New World Systems and Nexus Integrated Systems; and a Memorandum of Understanding with the Board of Water Commissioners. June Yotsuya, Interim Information Technology Director, gave a PowerPoint Presentation entitled "New Technology Upgrades. .Investing in San Bernardino's Future, Improving City Operations thru Integrated Management." Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2010/11 budget as outlined in the staff report from June Yotsuya, Interim IT Director, dated January 20, 2011, to reflect all the first year costs and funding sources and the terms and repayment schedule in the MOU. The motion carried and Resolution No. 2011-18 was adopted unanimously. 30. Resolution of the City of San Bernardino authorizing a contract with American Traffic Systems (A TS), of Phoenix, Arizona, for an upgrade of the City's Red Light Camera Enforcement System. Council Member/Commissioner McCammack made a motion that said resolution be adopted. The motion died for lack of a second. Council Member/Commissioner Kelley stated that he understood that the red light cameras were going to be moved from University Parkway and Kendall down to Hallmark Parkway. Assistant Chief of Police Mark Garcia answered in the affirmative. Council Member/Commissioner Kelley stated that when the Council first looked at expanding the red light cameras, he had noted that they take some great pictures and they illuminate the intersections, but they do not prevent accidents. He stated that he does not believe the westbound Hallmark Parkway at North University Parkway is the right location for a red light camera because it is the eastbound traffic off of Hallmark Parkway going to the freeway, particularly in the late afternoon, that is a problem. He stated that he would be very interested 19 01/24/2011 to find out what the traffic accident counts are for that intersection because he believes a more appropriate location based on accident counts would be Little Mountain Drive and Kendall. Mike Eckley, Public Safety IT Manager, stated that the Federal Highway Administration's recommendations for red light camera systems do not necessarily state that a camera system needs to be placed at intersections with high accident rates. The Federal Highway Administration suggests that red light camera systems be used to train out aggressive driving habits and inattention. He stated that the location of the cameras is purely a policy decision. If they were to put one at Little Mountain and Kendall, average daily traffic counts, accidents, and the number of violations suggest that the system would not be able to support itself as a safety tool. He stated that they could certainly put one there, but they would have to provide extra money to support it as a safety tool; therefore, one was not recommended. Council Member/Commissioner McCammack stated that that was not what this Council intended when it originally approved the red light cameras. This Council allowed the red light cameras to be placed in areas with the highest accident rates, and if the cameras are being placed elsewhere, she would not support this item. Mayor/Chairman Morris stated that this is a public safety issue; it is all about avoiding accidents at these intersections in the City. Assistant Chief of Police Garcia stated that they could certainly put red light cameras at any intersection. He stated that there has been some concern whether or not they do reduce accidents, and the evidence on that is mixed. There are other reasons, as Mr. Eckley stated in the beginning of his presentation, why red light cameras are used and that is to train out aggressive driving habits and to put people on notice that traffic safety is a concern in this City. City Attorney Penman advised that for legal reasons they should not have any discussions in open session because of danger of litigation. The entire thrust of this Council and this City was that those traffic cameras would be placed at the most dangerous intersections and they would be placed in sequential order and that's the legal advice that was always given to the Police Department; however, based on what he has heard tonight, the City Attorney's office has no choice but to withdraw its support of this program. If there has been placement of cameras at intersections that are not considered the most dangerous intersections, we should not be doing this program. It was the consensus of the Council that the City has lost business because of the red light cameras and they're not making the City any safer. 20 01/24/2011 Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Shorett, to remove all the red lights and cameras in the City for the sake of the betterment of the community. No vote was taken. Council Member/Commissioner Marquez stated that she would like to see some documentation because she believes in public safety, but rather than risk getting a ticket, she takes the side streets to avoid those intersections that have red light cameras. Mayor/Chairman Morris stated that previously they had received documentation from the Police Department about the avoidance of major accidents at these intersections, which he believed was the rationale for this Council to move ahead. City Attorney Penman advised that the Police Department said that it lowered head-on collisions and T -bone accidents, but there was a slight increase in rear end accidents. Council Member/Commissioner Johnson stated that he has seen no data as to why they should do what was suggested in the staff report. He saw no justification as to why all of a sudden Baseline and Mt. Vernon is very prominent. If they could show him why, then he could go along with it. He did not see the data on Hallmark Parkway and University Parkway. He stated that he would like to see how the accidents have decreased or increased since they've installed the cameras in order to justify keeping the red light cameras. He stated that he wanted to see some rationale as to whether they should continue the program or scrap it. City Attorney Penman stated that this is something that needs to be looked at carefully because it could get the City into some real liability difficulties. He stated that they don't know how many people may have been involved in traffic accidents at those intersections, and they don't know if there have been any fatalities. They need to see some data before they act precipitously. Mayor/Chairman Morris stated that they have a contract and they need to honor that contract, which probably runs through the end of this fiscal year. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner McCammack, that the Council be provided with data on the number of accidents occurring both before and after placement of the existing red light cameras in order to substantiate their next move. The motion failed by the following vote: Ayes: Marquez, Johnson, McCammack. Nays: Desjardins, Brinker, Shorett, Kelley. 21 01/24/2011 Council Member/Commissioner Desjardins made a motion, seconded by Council Member/Commissioner Kelley, to wind down the current contract and direct the City Manager to come back with a set of recommendations relative to exiting the Red Light Camera Program as soon as possible. The motion carried with Johnson and McCammack voting "no." COMMUNITY DEVELOPMENT COMMISSION Absent: Mayor/Chairman Morris; Council Members/Commissioners Marquez, Desjardins, Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman; Economic Development Agency Interim Executive Director Marzullo; City Clerk Clark. None. Present: R31. Joint Public Hearing - Pine Mountain Development, LLC - Lease Agreement for a Temporary Bus Transfer Facility (Carousel Mall) (Continued from January 10, 2011) Resolution of the Mayor and Common Council of the City of San Bernardino approving the sub-lease of portions of the JC Penney Tire, Battery and Automotive Center ("TBA") acquired with Tax Increment Funds and thereafter authorizing the Police Chief/City Manager to execute a Sub-Lease Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino Police Department for use of a portion of the TBA for a Police Substation (Central City Redevelopment Project Area). (R31A) Resolution of the Mayor and Common Council of the City of San Bernardino approving and consenting to the Lease of the former JC Penney Tire, Battery and Automotive Center ("TBA") and the funding of its conversion to a temporary bus transfer facility located on 4th Street between "F" and "G" Streets and making certain findings and determinations pursuant to Health and Safety Code Section 33445.1 as to the benefit to the Southeast Industrial Project Area (Central City North Redevelopment Project Area). (R31B) 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 enter into a Master Lease Agreement by and between the Agency and Pine Mountain Development, LLC, for the former JC Penney Tire, Battery and Automotive Center ("TBA") for its conversion into a temporary bus transfer facility located on 4th Street between "F" and "G" Streets (Central City North Redevelopment Project Area) and for sub-leases of the converted facility with the City of San Bernardino Police Department and Omnitrans. (R31C) 22 01/24/2011 Note: No backup materials were distributed. Council Member/Commissioner McCammack declared a conflict on this item. Staff requested that the item be tabled. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the matter be tabled. The motion carried with McCammack abstaining. R32. Public Hearing - Amendment to the 2010-2015 Five Year and 2010-2011 Annual Consolidated Plans and Reprogramming of $568,297 in Community Development Block Grant (CDBG) and $4,079,269 in Home Investment Partnership Act (HOME) Federal Funds Resolution of the Mayor and Common Council of the City of San Bernardino approving the amendment to the 2010-2015 Five Year and 2010-2011 Annual Consolidated Plans and reprogramming of $568,297 in Community Development Block Grant (CDBG) and $4,079,269 in HOME Investment Partnership Act (HOME) Federal Funds. Note: No backup materials were distributed. Council Member/Commissioner McCammack declared a conflict on this item. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of February 7, 2011. The motion carried with McCammack abstaining. R33. Public Hearing - Relocation and Replacement Housing Plan - 19th Street and Sunrise Lane Project (the "Project") Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the approval and adoption of the Relocation Plan and Replacement Housing Plan for displaced residents of the 19th Street and Sunrise Lane Project. (R33A) 23 01/24/2011 Resolution of the Community Development Commission of the City of San Bernardino approving and adopting the Relocation Plan and Replacement Housing Plan for displaced residents of the 19th Street and Sunrise Lane Project. (R33B) Note: No backup materials were distributed. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of February 7, 2011. The motion carried with McCammack voting "no." 34. RES. 2011-7 - Resolution of the Mayor and Common Council of the City of San Bernardino designating February 6, 2011 as "Ronald Reagan Day" . Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-7 was adopted unanimously. 35. SCE Infrastructure/Equipment in the City of San Bernardino Council Member/Commissioner Shorett stated that based on the recent tragedies on Acacia Street in the Fourth Ward with downed power lines and two to three days later another underground vault exploding and injuring two others, he thought it made sense to ask the City Manager to contact Southern California Edison (SCE) and The Gas Company and have them make a presentation to the Mayor and Council on the current infrastructure, any future plans for upgrades, and ongoing maintenance. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the City Manager be directed to arrange for presentations from SCE and The Gas Company on the status of San Bernardino's utilities infrastructure, equipment and future plans for upgrades and ongoing maintenance of that infrastructure. The motion carried unanimously. 36. Public Comments Lynette McLean Kaplan, San Bernardino, CA, expressed concern that the Mayor and Council members Brinker and Shorett have not appointed anyone to the Fire Commission. 24 01/24/2011 Paul W. Sanborn, San Bernardino, CA, stated that the Stater Bros. on 40th Street would make a good gymnasium; submitted a diagram into the record and described his ideas regarding the "Carousel Relocation Concept"; and expressed his concern regarding lower educational standards. Roger Henderson, San Bernardino, CA, questioned why the Council could not work with an elected City Attorney knowing that outside counsel could cost the City many thousands of dollars; urged the Mayor and Council to stop fighting and stop blaming each other and get this City on the move; and spoke about the City's reputation of not being business friendly. Jim Smith, San Bernardino, CA, spoke regarding an article in The Sun newspaper written by Janice Rutherford; the approval of the new Arco AM/PM; Heather Gray's presentation regarding a positive public relations campaign for the City; and announced that the Native Sons of the Golden West would be participating in two dedication ceremonies during the month of February. 37. Adjournment At 9:12 p.m., the meeting adjourned to Wednesday, February 2, 2011, in the Council Chambers of City Hall for the purpose of holding an impasse hearing relative to the Firefighters' negotiations. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1 :30 p.m., Monday, February 7, 2011. RACHEL G. CLARK City Clerk By ~JL).Jd-~ ~ Linda Sutherland Deputy City Clerk 25 01/2412011