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HomeMy WebLinkAbout06-20-2011 Jt. Reg Mtg MinutesMayor Patrick !. Morris Council Members: Virginia Marquez vacant Tobin Brinker Fred Shorea Chas Kelley Rikke Van Johnson Wendy McCammnck MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 20, 2011 COUNCIL CHAMBERS The joint regulaz meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernazdino was called to order by Mayor/Chairman Morris at 1:39 p.m., Monday, June 20, 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; Deputy City Clerk Ochiqui. Absent: None. Vacant: Second Wazd. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Landmark American Insurance Company, an Oklahoma corporation vs. City of San Bernardino -San Bernardino County Superior Court, Case No. CIVDS 1015159; CITY OF SAN BERNARDINO 300 N. "D"Street San Bernardino, CA 92418 Website: www.sbcity.org 1 06/20/2011 Roxana Varga, Fahim Salazar and Pascual Sekura v. City of San Bernardino, David Cardenas Ponce -San Bernardino Superior Court, Case No. CIVDS 914861. 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: e,..~,.:,.,.,, T.~m~ c,.i,,.:,..,.. County of San Bernardino C. Conference with legal counsel -anticipated litigation -initiation of litigation -pursuant to subdivision (c) of Government Code Section 54956.9: Test Claim with the Commission on State Mandates, Santa Ana Regional Water Quality Control Board Order No. R8-2010-0036 (2010 Santa Ana MS4 Permit) 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. City Attorney Penman announced that two items on the closed session agenda would not be discussed: Under Agenda Item lA, existing litigation, the case of Willie Mason, Sr. v. City of San Bernardino, et al. Under Agenda Item 1B, anticipated litigation, American Traf)Fc Solutions. 2 06/20/2011 Mr. Penman announced that one additional item would be discussed in closed session: Under Agenda Item 1B, significant exposure to litigation: Agenda Item No. 40 -legal issues from the Water Department. Reading of Resolutions and Ordinances Deputy City Clerk Haztzel 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 Angie A. Mendoza, mother of City Clerk Rachel Clazk. Invocation/Pledge of Allegiance The invocation was given by Rabbi Emeritus Retired Hillel Cohn. The pledge of allegiance was led by Ashley Garcia Arellano, a fifth grade student at Muscoy Elementary School. 2. Appointments -Council Member McCammack • Dan C. Jimenez -Planning Commission • Donna P. Howazd -Fine Arts Commission Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the appointments of Dan C. Jimenez to the Planning Commission and Donna P. Howazd to the Fine Arts Commission, as requested by Council Member McCammack, be approved. The motion carried unanimously. 3. Presentations and Proclamations Council Member Kelley presented a proclamation to the San Bernardino Sunset Rotary Club on the occasion of the 25`~ anniversazy of the Annual Tinman Triathlon, SK and Kids' Triatlon. Rabbi Emeritus Retired Hillel Cohn and Erin Brinker, Public Relations Chairperson of the Bicentennial Ad Hoc Committee, recognized Dameron Communications for their pro bono work during the bicentennial year. Rabbi Cohn presented the Mayor with replicas of the plaques and the montage that was assembled for entry into the contest by the American Advertising Federation. 3 06/20/2011 Amanda Jacobs, Chairperson of the Human Relations Commission, presented certificates to the winners of the "Be A Buddy, Not A Bully" bookmark contest sponsored by the Human Relations Commission from the following grades: K-2, 3-5, and 6-8. 4. Lt. Rich Lawhead introduced representatives from the California Highway Patrol and the Automobile Club of Southern California (AAA), who made presentations to ten police officers who were recognized for recovering a high number of stolen vehicles within the City. Mazgo Wheeler, Director of Community Development, presented the Planning Project of the Year Award to Council Member Johnson, who accepted the award on behalf of the City of San Bernardino. The City was selected to receive the awazd by the American Planning Association for the senior housing project located at Magnolia and Highland. Beverly Powell, Regional Manager for Public Affairs, Southern California Edison, gave a PowerPoint presentation to the Mayor and Common Council regarding their current projects in the City of San Bernardino. The following individuals were presented a service pin awazd by Mayor/ Chairman Morris in recognition of their many years of dedicated service to the City. Name Diane Mlynarski Fernando Nievas Harriet Myers Jessie Ludikhuize Vincent Padilla Bennie Adame Ryan Sandoval Terry Whiteman Announcements Department Years of Service City Attorney 5 Community Development 5 Parks, Recreation and 5 Community Services Police 5 Police 15 Public Works 10 Public Works 5 Public Works 10 Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding vazious civic, community, and chamber events and activities. 4 06/20/2011 5. Waive Full Reading of Resolutions and Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that full reading of the resolutions and ordinances on the regulaz agenda of the Mayor and Common Council and Community Development Commission dated June 20, 2011, be waived. The motion carried unanimously. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 15, 2010; and May 2, 2011. The motion carried unanimously. 7. Claims and Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated June 13, 2011, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously. 8. Personnel Actions Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Brinker, that the personnel actions, as submitted by the Chief Examiner, dated June 16, 2011, in accordance with Civil Service roles and Personnel policies adopted by the Mayor and Common Counci] of the City of San Bernardino, be approved and ratified, except for the Assistant City Manager position, which he requested be continued to July 5, 2011. The vote was taken following further discussion. Council Member/Commissioner Brinker stated that this is a very highly paid position and it is a position that has been in existence for some time. He stated that the Council just received the backup information today for this person and he did not feel that waiting two weeks was unreasonable, especially because they were going to have some difficult budget decisions to make over the next several weeks. Council Member/Commissioner Johnson made a substitute motion, seconded by Council Member/Commissioner Kelley, that the personnel actions, as submitted by the Chief Examiner, dated June 16, 2011, in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the 5 06/20/2011 City of San Bernardino, be approved and ratified. The motion carried with Shorett voting "no" and Brinker abstaining. 9. RES. 2011-134 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Wagner &Pelayes, LLP and the City of San Bernardino for legal services in the case of James J. Brown v. City of San Bernardino; et al., San Bernardino Superior Court, Case No. CPJDS 1007751. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-134 was adopted unanimously. 10. RES. 2011-135 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Wagoer &Pelayes, LLP and the City of San Bernardino for legal services in the case of Maria D. Mejia; et al. v. City of San Bernardino, United States District Court, Case No. ED CV 11-00452 VAP (DTBx). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-135 was adopted unanimously. 11. RES. 2011-136 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Wagner &Pelayes, LLP and the City of San Bernardino for legal services in the case of Donnavan Parker v. City of San Bernardino, San Bernardino Superior Court, Case No. CIVDS 1013471. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-136 was adopted unanimously. 12. RES. 2011-137 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino for legal services in the case of Michael Anthony Rey, by and through his Guardian Ad Litem, Christy Luna v. City of San Bernardino, et al., San Bernardino Superior Court Case No. CIVDS 1009578. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-137 was adopted unanimously. 6 06/20/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that Agenda Item No. 12 be reconsidered in order to give a member of the public an opportunity to speak . The motion carried unanimously. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-137 was adopted unanimously. 13. ORD. MC-1352 -Ordinance of the City of San Bernardino repealing Chapters 2.24 (Central City Parking Place Commission), 2.42 (Community Television Commission), 2.19 (Youth Advisory Commission), and 2.27 (Santa Ana River Trail Commission) of the San Bernardino Municipal Code. FINAL READING (Continued from June 6, 2011) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No. MC-1352 was adopted unanimously. 14. RES. 2011-138 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to enter into a Professional Services Agreement with Willdan Engineering Services for the design and implementation of a Residential Energy Audit & Retrofit Program. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-138 was adopted unanimously. 15. RES. 2011-144 -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 Intermedix/Advanced Data Processing, Inc. to provide billing services for first responder, paramedic, and membership program fees. Council Member/Commissioner McCammack stated that she had been talking a lot about efficiencies and costs with the City Manager and questioned whether the City is providing the best customer service to the constituency. She asked if the City has done an analysis of the costs versus the number of complaints that are received. 7 06/20/2011 Fire Chief Michael Conrad explained that during the time he has been with the City they have used a billing company and this company processes about 15,000 EMS bills per yeaz. He stated that they have one person in their office that takes the information as it comes in from the paramedics, verifies it to make sure they aze not sending bills to someone who is not supposed to receive one, and then sends the information to the company that processes the invoices. He stated that the company sends out a lot of bills; however, they only get paid for those bills the City actually receives money for. City Manager McNeely stated that if it was the Council's desire to have staff do an analysis, they could bring the item back. Council Member/Commissioner McCammack recommended that the Council direct the Ciry Manager to do the analysis and extend the contract for six months. Public Comments: Ron Coats, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted for a period of six months and that the City Manager be directed to perform an analysis of the process/costs, etc. The motion carried and Resolution No. 2011-144 was adopted unanimously. 16. RES. 2011-145 -Resolution of Intention authorizing an amendment to the contract between the Board of Administration of the California Public Employees' Retirement System and the Mayor and Common Council of the City of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-145 was adopted unanimously. 17. RES. 2011-139 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of Hicap Special Access Service and issuance of a purchase order to AT&T for DS3 and T1 data transport service. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-139 was adopted unanimously. 8 06/20/2011 18. RES. 2011-146 -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 $416,841 between the City of San Bernardino and California Commercial Pools for the construction of three splash pads at Tom Minor, Delmann Heights, and Anne Shirrells Parks and improvements at existing City water play facilities per Capital Improvement Program Project PR10-04. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2011-146 was adopted unanimously. 19. Resolutions approving the 2011/2012 Assessment Rolls -various Assessment and Special Tax Districts RES. 2011-147 -Resolution of the City of San Bernarduno confirming the 2011/2012 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road Area. (19A) RES. 2011-148 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University Area. (19B) RES. 2011-149 -Resolution of the City of San Bernardino confirming the 201112012 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16th Street and Medical Center Drive Area. (19C) RES. 2011-150 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive Area. (19D) RES. 2011-151 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 959, Zone 1 and Zone 2, Landscaping Maintenance Assessment District, Shandin Hills Area. (19E) RES. 2011-152 -Resolution of the City of San Bernardino confu~ming the 2011/2012 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine Avenue Area. (19F) 9 06/20/2011 RES. 2011-153 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street Area. (19G) RES. 2011-154 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (19I~ RES. 2011-155 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue Area. (19I) RES. 2011-156 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper Avenue and Mill Street Area. (19.n RES. 2011-157 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue Area. (19K) RES. 2011-158 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue Area. (19L) RES. 2011-159 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive Area. (19M) RES. 2011-160 -Resolution of the City of San Bernardino confhming the 2011/2012 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street Area. (19N) RES. 2011-161 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street Area. (190) RES. 2011-162 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue Area. (19P) 10 06/20/2011 RES. 2011-163 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street Area. (19Q) RES. 2011-164 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue Area. (19R) RES. 2011-165 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania Avenue and Birch Street Area. (19S) RES. 2011-166 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "H" Street Area. (19T) RES. 2011-167 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) Area. (19~ RES. 2011-168 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue Area. (19~ RES. 2011-169 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street Area. (19Vi~ RES. 2011-170 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street Area. (19I~ RES. 2011-171 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Pine Avenue and Kendall Drive Area. (19I~ RES. 2011-172 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (19Z) 11 06/20/2011 RES. 2011-173 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive Area. (19AA) RES. 2011-174 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue Area. (19BB) RES. 2011-175 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2 and Zone 3, Landscaping and Street Lighting Maintenance Assessment District, SBIAA/Alliance California Area. (19CC) RES. 2011-176 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street Area. (19DD) RES. 2011-177 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive Area. (19EE) RES. 2011-178 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street Area. (19FF) RES. 2011-179 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1027 Landscaping Maintenance District, Waterman Avenue and Washington Street Area. (19GG) RES. 2011-180 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1028 Landscaping Maintenance District, Ohio Avenue and Walnut Avenue Area. (19HI1) RES. 2011-181 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1029 Landscaping Maintenance District, California Street and 16th Street Area. (19TH RES. 2011-182 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1030, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue Area. (19JJ) 12 06/20/2011 RES. 2011-183 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1031 Landscaping Maintenance District, Irvington Avenue and Olive Avenue Area. (19KK) RES. 2011-184 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1032, Landscaping Maintenance District, Palm Avenue and Verdemont Drive Area. (19LL) RES. 2011-185 -Resolution of the City of San Bernardino confirming the 2011/2012 Special Tax for certain parcels of real property within Community Facilities District No. 1033 for a portion of the operation and maintenance costs of the Verdemont Fire Station. (19MM) RES. 2011-186 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1035, Zone 1 and Zone 2, Landscaping Maintenance District, Pahn Avenue and Meyers Road Area. (19NN) RES. 2011-187 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1036, Landscaping Maintenance District, Northpark Boulevard and Campus Parkway Area. (1900) RES. 2011-188 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1037, Landscaping Maintenance District, Belmont Avenue and Magnolia Avenue Area. (19PP) RES. 2011-189 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1038, Landscaping Maintenance District, Orange Show Road and Arrowhead Avenue Area. (19QQ) RES. 2011-190 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1039, Landscaping Maintenance District, Irvington Avenue and Chestnut Avenue Area. (19RR) RES. 2011-191 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1040, Landscaping Maintenance District, Acacia Avenue and Hill Drive Area. (19SS) 13 06/20/2011 RES. 2011-192 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1041, Landscaping Maintenance District, Magnolia Avenue and Ohio Avenue Area. (19TT) RES. 2011-193 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1042, Landscaping Maintenance District, Shandin Hills Drive and Shady Creek Drive Area. (19UU) RES. 2011-194 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1043, Zone 1 and Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington Avenue Area. (19V~ RES. 2011-195 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1045 Landscape Maintenance District, located in the Waterman Avenue and Orange Show Road Area. (19WW) RES. 2011-196 -Resolution of the City of San Bernardino confu~ming the 2011/2012 Assessment Roll for Assessment District No. 1046 Landscape Maintenance District, Northpark Boulevard and Northstar Avenue Area. (19XI~ RES. 2011-197 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1047 Landscape Maintenance District, located in the Ohio Avenue and Pine Avenue Area. (19YY) RES. 2011-198 -Resolution of the City of San Bernardino confu~ming the 2011/2012 Assessment Roll for Assessment District No. 1050 Landscape Maintenance District, located in the Pepper Avenue and Rialto Avenue Area. (19ZZ) RES. 2011-199 -Resolution of the City of San Bernardino coufirming the 2011/2012 Assessment Roll for Assessment District No. 1052 Landscape Maintenance District, located in the Behnont Avenue and Chestnut Avenue Area. (19AAA) RES. 2011-200 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1057 Landscape Maintenance District, located in the Cajon Boulevard and University Parkway Area. (19BBB) 14 06!2012011 RES. 2011-201 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1059 Landscape Maintenance District, located in the Orange Show Road and Tippecanoe Avenue Area. (19CCC) RES. 2011-202 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1063 Landscape Maintenance District, located in the Central Avenue and Lena Road Area. (19DDD) RES. 2011-203 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for Assessment District No. 1064 Landscape Maintenance District, located in the Cajon Boulevard and Glen Helen Parkway Area. (19EEE) RES. 2011-204 -Resolution of the City of San Bernardino, authorizing and setting the Special Tax Rate for that certain area generally located north of Highland Avenue, east of Golden Avenue for Paramedic Services, Special Tax Area 2006-1, and approving the Fiscal Year 2011/2012 Tax Roll. (19FFF) RES. 2011-205 -Resolution of the City of San Bernardino confirming the 2011/2012 Assessment Roll for certain parcels of Real Property within Auto Center Property and Business Improvement District for a portion of the operation and maintenance costs of the San Bernardino Auto Center. (19GGG) Council Member/Commissioner Kelley requested that the City Manager schedule a meeting to discuss how the City is handling the Landscape Maintenance Districts, especially with regazd to how thin the Pazks Department is. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A through GGG be adopted. The motion carried unanimously. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that Agenda Item No. 19 be reconsidered due to Council conflicts. The motion carried unanimously. Council Member/Commissioner Kelley stated that he would be abstaining on Motion 2 as he resides in the area included in Resolution B. He left the Council Chambers and returned after the vote was taken. 15 06/20/2011 Council Member/Commissioner Johnson stated that he would be abstaining on Motion 3 as he resides in the azea included in Resolution C and his wife is employed at a church located in the azea included in Resolution FFF. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said Resolutions A through GGG be adopted, with the exception of Resolutions B, C, and FFF. Resolution Nos. 2011-147, 2011-150 through 2011-203, and 2011-205 were adopted unanimously. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said Resolution B be adopted. Resolution No. 2011-148 was adopted with Kelley abstaining. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that said Resolutions C and FFF be adopted. Resolution Nos. 2011-149 and 2011-204 were adopted with Johnson abstaining. 20. RES. 2011-140 -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 $2,000,000 to Poma Distributing of Bloomington pursuant to Section 3.04.010-B3 of the Municipal Code for the purchase of gasoline and diesel fuel with three single year renewal options in participation with a contract between Poma Distributing and the County of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-140 was adopted unanimously. 21. RES. 2011-141 -Resolution of the City of San Bernardino authorizing and directing execution of a License and Agreement with Yucaipa Valley Water District for an encroachment within Hunts Lane, Redlands Boulevard, Concourse Way and Caroline Street within the City, for the installation and operation of a brine pipeline. Council Member/Commissioner Brinker stated that he would be abstaining on this item because this project is located within 500 feet of his residence. He left the Council Chambers and returned after the vote was taken. Public Comments: Cheryl Brown, San Bernardino, CA. 16 06/20/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-141 was adopted with Brinker abstaining. 22. RES. 2011-142 -Resolution of the City of San Bernardino approving Cooperative Agreement No. C11153 with San Bernardino Associated Governments (SANBAG), and the City of Colton for design, right-of-way acquisition and construction of a grade separation on Hunts Lane at the Union Pacific Railroad (UPRR) (SS 04-51). Council Member/Commissioner Brinker stated that he would be abstaining on this item because this project is located within 500 feet of his residence. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-142 was adopted with Brinker abstaining. 23. Item deleted. 24. RES. 2011-143 -Resolution of the City of San Bernardino approving Amendment No. 3 to the 3-Year Capital Improvement Program (2007-2010), Amendment No. 2 to the 6-Year Capital Improvement Program (2009-2015) and Amendment No. 1 to 5-Year Capital Improvement Program (2010-2015) for Measure I Local Expenditures. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2011-143 was adopted unanimously. 25. Item deleted. 26. Update of job descriptions for the Community Development Department Council Member/Commissioner McCammack stated that she could not support the item because there aze employees who have put in the time, but no longer qualify for higher positions because the requirements have been changed mid- stream. Public Comments: Cheryl Brown, San Bernardino, CA. 17 06/20/2011 Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the job descriptions be approved as proposed. The motion carried with McCammack voting "no." 27. Transfer of Community Development Block Grant Administration Council Member/Commissioner McCammack stated that she was not against the City Manager taking over the administration of the block grants, but she wondered why they didn't just move the employees from the Economic Development Agency (EDA), since they aze paying for them, and questioned whether they were going to continue to pay for them annually. If they were not, then the statement "no cost to the general fund" may be true for Fiscal Year 2011/12, but it would not be true for subsequent years. Mayor/Chairman Morris stated that all of the administration costs come out of the CDBG monies and they are all categorized as a separate resource. City Manager McNeely stated that they aze using the same funding that was used to fund the positions at EDA, and it can only be used for this purpose. He explained that the bulk of the functions that CDBG pays for is in the Code Enforcement area, which is under the City Manager's direction. He stated that they have had a number of issues over the yeazs that have been problematic with EDA's responsibility for CDBG, because Code Enforcement is not under EDA, and they have been notified by HUD of some accounting issues, so in order to clear that up they wanted to place the dollars and the responsibilities together so they can effectively manage this function. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the following actions be taken: a) establish one Project Manager/Assistant of the City Manager (U) position, Range 4530, $6,242 - $7,587/month; b) add one Administrative Analyst I position, Range 3450, $4,188 - $5,091/month to the Finance Depaztment; and c) approve job descriptions as proposed; and d) authorize the Human Resources Director to update Resolution Nos. 97-244 and 2008-33 to reflect these actions. The motion carried with McCammack abstaining. 28. Reorganization of the City Clerk's Office Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Mazquez, that the following actions be taken: a) reclassify one Deputy City Clerk position, Range 3470, $4,627 - $5,625/month to the Assistant City Clerk position, Range 4510, $5,649 - $6,867/month; and b) authorize the Director of Finance to incorporate the changes into the FY 2011/12 budget proposal. The motion carried with Kelley absent. 18 06/20/2011 29. Establish New Classifications for Firefighter Cadet Program Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Matquez, that the following actions be taken: a) establish the position of Fire Recruitment Supervisor, part-time, $45.00/flat hourly rate; b) establish the position of Fire Prevention Associate/Trainee, pazt-time, $10.00/flat hourly rate; c) establish the position of Firefighter Cadet, pazt-time, $10.00/flat hourly rate; d) approve job descriptions as proposed; and e) authorize the Director of Human Resources to update Resolution No. 2008-20 to reflect these actions. The motion carried unanimously. 30. Public Works Department Reorganization Council Member/Commissioner McCammack stated that she felt there are more administrative positions and fewer employees delivering services to the public. She warned her colleagues that this was a path they went down before years ago and they ended up cutting several top administrative positions because there were so few people at the bottom delivering the services. Public Comments: Cheryl Brown, San Bernardino, CA. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the following actions be taken: a) delete one Project Manager/Energy Conservation position, Range 4540, $6,561 - $7,975/month; b) delete one Senior Customer Service Representative/Dispatcher in the Public Works Department, Range 1370, $2,810 - $3,416/month; c) establish one Administration Division Managet (U) position, Range 4570, $7,620 - $9,262/month; d) reclassify two Sewer Maintenance Worker positions, Range 1400, $3,264 - $3,967/month, to Pump Mechanic, Range 1430, $3,791 - $4,607/month; d) approve job descriptions as proposed; and e) authorize the Duector of Human Resources to update Resolution Nos. 97-244 and 2008-33 to reflect these actions. The motion carried with McCammack abstaining. 31. Public Hearing -Ordinance amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code) (Development Code Amendment No. 11-O1) (Continued from May 16, 2011) An Ordinance of the City of San Bernardino amending Table 06.01, List of Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code (Development Code), Commercial Districts, to permit movie theaters of four or more screens subject to a Conditional Use Permit in the Downtown Main Street Overlay District. FIRST READING 19 06/20/2011 Note: No ordinance was distributed with the backup materials. The hearing remained open. Cheryl Brown, San Bernardino, CA, thanked the City Manager, City Attorney, Mayor and Council for moving forward with this ordinance. She stated that when construction begins, the NAACP would be interested in knowing if there is some kind of incentive program for local people to get those jobs. Mrs. Brown stated that she was surprised to leazn that Mr. Penman did not sign the ordinance and stated that she was interested in knowing why he does not want the theater to come to San Bernardino. City Attorney Penman stated that this ordinance will prohibit the approval of ordinances for theaters with four or more screens anywhere except in the downtown area and only in the downtown azea with a conditional use permit. He stated that the ordinance would restrict the number of movie theaters that could be built, which is just the opposite of what Mrs. Brown thought it did. Mr. Penman stated that the reason he did not sign was because Mr. Sabo was negotiating with Regal Theaters and he was told that Regal wanted this as a condition of their coming here. They did not want the Council to enact this until they had finished negotiating a deal with Regal because this ordinance was good leverage in the negotiations with Regal. He stated that once Regal agrees to our conditions, and we agree to theirs, then they would adopt this ordinance, which is one of the many things that Regal wants. He stated that he was surprised to see this back on the agenda today because it is contrary to what was represented to them previously when the ordinance was first continued and then tabled because they had not reached an agreement with Regal. The only other information they had is that some of the other theater companies wanted the same thing. Mayor/Chairman Morris stated that every single theater chain that came to us said that they were not interested in this City unless they were given the opportunity to serve us with large multi-plex theaters. City Attorney Penman stated that if that's true, if it is that critical to them, why would we pass the ordinance now before we've entered into an agreement with them and give this up as a bazgaining chip. Mayor/Chairman Morris stated that it is not a bargaining chip at all. Every provider of services asked for this same kind of construct. This went through the Planning Commission with a unanimous vote of approval and everybody who has looked at it says it passes legal muster. This is no longer a negotiating tool, it is what's required if we are going to have a downtown multi-plex theater. 20 06/20/2011 Council Member/Commissioner Kelley stated that he has been along-time advocate for opening a theater downtown, but with these types of conditions that would limit them from opening multi-screen theaters anywhere in the Ciry, he could not support this item. Council Member/Commissioner McCammack stated that they were basically cutting out the potential availability of any developer to build something in the north end or the east end and we're forcing anybody else who wants to develop within the City to go to Highland, or the northwest area of Devore, or the east area of Fontana. Mayor/Chairman Morris stated that this is the most critical moment in terms of downtown development if we are serious about following that downtown vision plan, which this Council approved unanimously, and this is a critical pazt of that. Council Member/Commissioner Brinker stated that he has lived in this City for over 35 years and he stated that he has seen this cycle of movie theaters and it's an interesting business. He has looked at this ordinance and he believes what they aze trying to do here is create an environment for this new theater to come in and build some roots and be successful. He suspects that a few yeazs down the road they may be looking back at this ordinance again because the industry will have changed a little bit and maybe someone new will come in and want to do something different and the ordinance will need to be adjusted to meet their needs. He stated that technology is changing and the industry is changing, so they may not end up with the kind of big screen theaters they have today a few years from now. He stated that he believes it is a good idea right now to help get this one started, but they may have to come back and revisit it later. Council Member/Commissioner McCammack agreed with Mr. Brinker's statements. She stated that she thinks Mr. Brinker is correct in that perhaps we will find that this ordinance won't be right for us three to ten years from now and there's only one major problem with that-if you have a development agreement with Regal for so many yeazs, you will be precluded from making any changes to this ordinance. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Marquez, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried with Kelley and McCammack voting "no." 21 06/20/2011 32. Public Hearing -Resolution adopting General Plan Amendment No. O8-OS (Continued from June 6, 2011) A Resolution of the Mayor and Common Council of the City of San Bernardino adopting General Plan Amendment No. 08-05 to change the Land Use Designation from Commercial General (CGl) and Industrial Light (IL) to Industrial Heavy (IH) on approximately 7.69 acres and approving Conditional Use Permit No. 09-04 to expand an existing 28.7-acre auto dismantling and vehicle storage business by 7.69 acres and establish auto repair service at 701 North Waterman Avenue. Mayor/Chairman Morris opened the hearing. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of July 18, 2011. The motion carried unanimously. 33. Public Hearing -Ordinance amending Section 19.22.080 of the Development Code (Development Code Amendment No. 11-03) An ordinance of the City of San Bernardino amending Section 19.22.080 (7) of the San Bernardino Municipal Code (Development Code) to revise the application procedure for off-site electronic message center signage in redevelopment project areas. FIRST READING Mayor/Chairman Morris opened the hearing. Margo Wheeler, Director of Community Development, stated that the ordinance contained one minor change, but the principal issues remain the same in that the proposal is to expand the areas in which off-site electronic message center signs are permitted; i.e., to expand it to the Freeway Corridor Overlay District within redevelopment project areas. Mayor/Chairman Morris stated that the overall intent here is to unify the entire Freeway Corridor with a set of policies and procedures relative to digital signs along that corridor that would represent the best use of the City's viewscape the complete length of the downtown area. Ms. Wheeler stated that the intent is to enable the provision of opportunities for these types of signs that can be beneficial for the redevelopment project azeas, and done so in a manner that's appropriate for the City. 22 06/20/2011 Council Member/Commissioner McCammack stated that her concern with this item is that the Council as a body should be making the decisions and she was not comfortable with abrogating that authority to the Redevelopment Committee. The Redevelopment Committee shall be notified of all CUP applications for off-site electronic message center sign permits. The review by such committee as to the location proposed for the benefit of the Redevelopment Ptoject Area shall be required prior to the issuance of a CUP for an off-site electronic message center sign. Ms. Wheeler responded by stating that this review was already part of the Redevelopment Agency Policy and Procedure for the approval of these signs, but it is not part of the Development Code, so this would be placing language into the Development Code that goes along with existing Procedure and Policy. Council Member/Commissioner Brinker stated that he would like to continue to work on this issue. He stated that his issue is when these signs become more economically feasible in a yeaz or two-right now the price of some of these signs is very expensive-but he thinks people aze seeing them as a valuable tool. He worries that at some point they are going to get an over proliferation of signs and they should begin to think about what that would look like and how they would begin to put the brakes on before they get there so it creates some sort of plan or system of evaluating signs within certain areas to determine when it is too much and how to limit them once they reach a certain number in a particular area. He stated that he was not sure what that would look like and he suggested that staff think that through and maybe come back to the Council for discussion. Ms. Wheeler advised that the existing ordinance states that message center signs may be placed no closer than 1,000 feet from another electronic message center sign on-site or off-site. Council Member/Commissioner Brinker stated that even if you went every 1,000 feet, that's an awful lot of signs. Council Member/Commissioner McCammack stated that she would be abstaining on this item because this proposal included the Uptown Redevelopment Project Area and she owns property within that azea. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Kelley asked Ms. Wheeler to explain her statement, "the benefit of the redevelopment area." Ms. Wheeler stated that currently and again on the proposed ordinance it shows the existing language with the proposed changes with the language to be deleted shown with the strike-through and the language to be added is shown underlined. 23 06/20/2011 She stated that right now these signs are allowed within the Central City South, Southeast Industrial Park and Uptown Redevelopment Project Areas. This change would allow them within the Redevelopment Project Areas throughout the Freeway Corridor Overlay District, so essentially that would expand the area where they could be proposed. She stated that the one other change is to take the existing Policy and Procedure whereby these signs aze required to have an agreement through the Redevelopment Project Area, and this would then put that same language in Code as it is already in practice in policy. Council Member/Commissioner Kelley asked Ms. Wheeler to explain where the project areas were located. Ms. Wheeler stated that the Uptown Redevelopment Project Area is along the I- 215 Freeway along the center of the downtown area; the Southeast Industrial Park Area is located along the I-10 Freeway to the south; the Central City North is also along the I-215 and the I-10; and the Mt. Vemon Project Area, is in the downtown azea along the I-215 Freeway. Council Member/Commissioner Kelley stated that most recently they did this merger between the azeas in the Economic Development Agency from the I-215 at the I-10 going north to University Pazkway, and he asked where that would stop. Ms. Wheeler stated that the merged azea goes along the I-215 up to the I-210 and to a small portion along the I-210 to the east and there is one other small area along the I-210, but the primazy area is the I-215 and the I-10. Council Member/Commissioner Kelley asked if that included the area between University Parkway and Palm/Kendall. Agency Counsel Sabo stated that they aze undertaking two different mergers: Merger A does not include the Uptown Redevelopment Project Area, and Merger B includes Uptown, Mt. Vernon, Northwest and State College. Mr. Sabo stated that that azea would be part of Merger B; however, they aze probably looking at one year or more before that would become a merger. Right now, the area between Palm and Kendall is not even part of a project azea. He stated that the west side of the I-215 would be either Northwest or State College, and most of Kendall to the north up to Palm would not be in a project area. Council Member/Commissioner Kelley questioned whether a sign could be located on the golf course along the I-215 freeway. Mr. Sabo stated that the golf course is located in the State College project area. 24 06/20/2011 Council Member/Commissioner McCammack stated that she did not have a conflict because she does not own property adjacent to the freeway in the Uptown Redevelopment Project Area. City Attorney Penman stated that he had discussed Council Member McCammack's potential conflict with staff and since the Uptown is merged or is merging, the issue seems to be more whether or not she has property in the Freeway Corridor Overlay District within Redevelopment Project Areas and if she does, is it within 500 feet. He stated that he has reservations that the current ordinance does include Uptown and by voting on it she would be taking out Uptown, which he was not quite as confident that that was not a conflict. He stated that he was required to tell her that the advice of the City Attorney is not legally binding and does not protect her, and to protect herself she would need to get a written opinion from the Fair Political Practices Commission. Council Member/Commissioner McCammack left the Council Chambers and returned after the vote was taken. Mr. Penman stated that Section 7B was the problematic part of the ordinance in that they initially had language that said that the Redevelopment Committee should be notified before anyone could submit a CUP application and then there would have to be review and recommendation by the committee. He stated that that clearly seemed to go against the Charter because it gave the committee the authority to act or to hold something up, and it also became a prior condition to apply for a CUP, which would be illegal, so they changed it to "prior to the acceptance of a CUP;" which he believed would pass legal muster. Mr. Penman stated that there is still an issue with requiring any City committee to take an action before it can be finalized and whether that's something only the Council can do because the committees are only supposed to be advisory to the Council. He stated that they thought that the review was probably okay. The permit streamlining act is applicable to CUPS, so if the committee, for example, were to try to hold up the issuance of a CUP by continuing the item on their agenda, after a certain period of time the State Permit Streamlining Act would kick in and the CUP would be deemed approved. Mayor/Chairman Morris stated that the.critical word here is "review," it does not say "approve." It's just a review so that the eyes of the policy makers aze on it before it comes to the table. City Attorney Penman agreed that it did not say approve or even recommend. Council Member/Commissioner Johnson recommended that the Council look at the distance requirement of 1,000 feet between signs because it could result in an over proliferation of signs. 25 06/20/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the heazing be closed; and that said ordinance be laid over for fmal adoption. The motion carried with McCammack abstaining and Kelley absent. 34. Public Hearing -Request for a conditional use permit to utilize a portion of an existing on-premise freeway sign located at 895 West Rialto Avenue as an electronic message center for the Mt. Vernon Redevelopment Project Area (Conditional Use Permit No. 11-05) Mayor/Chairman Morris opened the hearing. Margo Wheeler, Director of Community Development, stated that this application was submitted by representatives from Quiel Bros. Signs and the applicant is the owner of Games for Fun on West Rialto. She stated that they have an existing freeway sign on the west side of the freeway that advertises the business itself on a 6 foot high by 25 foot wide portion of their sign and then there's an additional 7'/z foot azea where they have a digital sign. What they are requesting is the ability to advertise off-site businesses thereby creating anoff--site advertising sign at this location. Planning staff and the Planning Commission recommended denial believing that this sign is not appropriate as designed because of its primary function as on-site advertising. Pursuant to Resolution No. 2000-279, Deputy City Clerk Ochiqui administered an oath to the following individuals that they would provide true and honest testimony: Larry Quiel, Quiel Brothers Electric Sign Company, Inc., San Bernardino, CA, distributed handouts to the Mayor and Council and made an oral presentation on behalf of the Chamber of Commerce, encouraging the support .and use of the existing sign for the purpose of advertising businesses within the Mt. Vernon Redevelopment Project Area. Mr. Quiel stated that there were some issues that the Planning Commission had when they denied the approval. He stated that a compazison was made of the most recently approved Loma Linda University sign that had been granted the opportunity to advertise businesses in the Hospitality Lane azea, the second one that has been approved in the Hospitality Corridor. According to City Code, 75 percent of the sign is allowed to be electronic, and a minimum of 25 percent is supposed to be static. The Loma Linda sign is only 13 percent static and 86 percent electronic and the Games for Fun sign is 53 percent electronic and 47 percent static. Mr. Renfroe's sign has exceeded the minimum amount of static signage; however, the Loma Linda University sign is less than what is required. 26 06/20/2011 Ken Renfroe, applicant, San Bernardino, CA, distributed handouts to the Mayor and Council and made an oral presentation in support of the sign. Paul Johnson, Redlands, CA, owner of property near the sign on West Rialto, spoke in opposition to the sign. He stated that these signs do attract business and they do have a place in the conununity, but they do not belong in the middle of a residential area. He stated that the quality of life of the residents living in that area will be adversely affected and their property values will drop. Council Member/Commissioner Marquez asked staff to clazify the statement made in the staff report that this sign would create a confusing and mixed message for other businesses that might advertise on this sign. Ms. Wheeler stated that this sign was designed and built as an on-premise sign to advertise merchandise for Games for Fun. Most typical electronic message signs that are built as off-site advertising along freeways may have a border or a title with the majority of the azea to be used for the advertising. In this case, because it was not designed or built as off-premise advertising, it is staff's belief that it is not optimal to convert this sign to anoff-premise sign. Ms. Wheeler answered questions posed by the Council regazding the dimensions of the sign, the color of the lights, and the flashing effect/brightness. Council Member/Commissioner Johnson stated that standards and wnsistencies need to be established and that he was having a problem accepting this sign. Council Member/Commissioner McCammack stated that she had concerns about the issue that had been raised by Mr. Quiel in that the City is being inconsistent with its applications for new signage. She stated that it didn't look like the legislative process is being followed and felt that this matter should go back to the Legislative Review Committee. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that Conditional Use Permit No. 11-05 be approved with the Conditions of Approval as shown on Attachment D of the Planning Commission Staff Report dated May 25, 2011. The motion carried with Johnson voting "no." 35. Public Hearing -Ordinance amending Section 19.06.025 "Prohibited Uses" of the Development Code to permit single-price overstock discount stores with a minimum floor area of 8,500 sq. ft. and self-service laundry facilities subject to a conditional use permit in commercial land use districts (Development Code Amendment No. 11-OS~ 27 06/20/2011 An Ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts), Section 19.06.025 (1)(B) and (1)(.n of the San Bernardino Municipal Code (Development Code) related to prohibited uses. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried unanimously. 36. Public Hearing -Ordinance amending Development Code Chapter 19.06 (Commercial Districts) Section 19.06.030 (2)(1')(1) (Development Code Amendment No. it-04) An ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts), Section 19.06.030 (2)(T)(1) of the San Bernardino Municipal Code (Development Code) related to service station standards. FIRST READING Mayor/Chairman Morris opened the heazing. Mazgo Wheeler, Director of Community Development, stated that this item is a request to amend the Code, which currently allows only two such stations at major intersections and [his would allow three non-petroleum stations; that is, those stations that would provide some sort of alternative fuel, especially, electric. She stated that the idea would be to ensure that these types of facilities that provide alternative fuel be allowed to be located in heavily traveled areas within the City that would be convenient for those persons utilizing those types of vehicles. Council Member/Commissioner Brinker asked if they were under any federal guidelines to have certain numbers of these alternative fuel stations by a certain date. Ms. Wheeler stated that there are requirements with regard to the reduction of greenhouse gas, but not with regard to this specifically. She stated that this was brought to us by an applicant who wished to pursue these types of options and wanted to ensure that if he entered into negotiations on any sites, he could have some assurance that he would be able to move forward. Mayor/Chairman Morris stated that these plug-in commercial attachments have a remazkably high amount of voltage that allows those cazs to refuel in a very short period of time. He asked if Ms. Wheeler knew what the average refueling time was for an electric station. 28 06/20/2011 Ms. Wheeler stated that it used to be overnight, but it takes considerably less time now, but it is certainly more than the amount of time it takes to fuel your car at a gasoline pump. She stated that in the design of these stations, they would ensure that the parking is offset so that they would be able to accommodate a longer period of time. Council Member/Commissioner McCammack asked if the applicant was looking at a specific location because having four service stations at certain intersections may cause a traffic issue. Ms. Wheeler stated that the current limit is two and this would allow a maximum of three, not four. She added that the applicant does not have a specific location at this time. Council Member/Commissioner McCammack stated that she could not approve this without knowing what some of the locations are. City Attorney Penman stated that it is for Pinky Brier's property. Council Member/Commissioner McCammack stated that that was true, there are two stations on the comer of Hospitality and Waterman. She asked if it is currently a condition for alternative fuel or service stations to have a minimum distance of 30 feet between curb cuts along a street frontage and no driveway closer than 35 feet to the curb return. Ms. Wheeler stated that that is the existing Code. Council Member/Commissioner McCammack stated that that is a problem because that is not what currently exists at the corner of Sierra Way and 40'" Street. Ms. Wheeler stated that there may be a significant number of locations that predated these requirements. Council Member/Commissioner McCammack asked if this would require a conditional use permit (CUP), because if it did, she stated that that CUP never came before the Council for that location, nor did the sale of alcohol from that 7/11 ever come before the Council for a CUP. Ms. Wheeler stated that staff would have to research that. Council Member/Commissioner McCammack asked if these conditions applied to service station standards regardless of how many there are. She stated that Chapter 19.06 of the Development Code simply talks about service station 29 06/20/2011 standards and the location she was talking about does not comply. She understood that part of what is being changed is the quantity at any given intersection and if someone has already violated that with something that just recently was put in, then they have already violated these standards, and it never came before the Council for a CUP. City Attorney Penman stated that it applies throughout the City and his understanding is that the developer is looking at the old Pinky Brier property and he has another location somewhere else. Mayor/Chairman Morris stated that there is some great merit in alternative fueling and they were going to have to begin serving the needs of that community. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Marquez, that the heazing be closed; and that said ordinance be laid over for final adoption. The motion carried unanimously. 37. Public Hearing -Ordinance amending San Bernardino Municipal Code (Development Code) Section 19.06.030(2)(B) (Development Code Amendment No. 11-06) An ordinance of the City of San Bernardino amending San Bernardino Municipal Code (Development Code) Section 19.06.030(2)(B) regarding alcoholic beverage sales activities. FIRST READING Mayor/Chairman Morris opened the hearing. Margo Wheeler, Duector of Community Development, stated that this amendment is in regazd to the deemed approved ordinance. There were some things that were thought to be important to get changed so as to ease the implementation of the ordinance. The key amendments include the extension of the training compliance deadline, the exemption of sit-down restaurants from the training requirements, and the provision for lazger employers to send only supervisory employees to the training. She called the Council's attention to page 3, Article II, Section VIII, of the revised ordinance wherein the language will refer only to allowing containers of beer or malt liquor not in their original factory package of six-packs or greater. She stated that the other change that was previously recommended has been eliminated. 30 06/20/2011 City Attorney Penman advised that the changes on page 3, lines 6-7 of the ordinance were recommended by both the County Health Department and the Police Department. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried unanimously. 38. Public Hearing -Resolution adopting the 2011 update of the General Plan Housing Element (General Plan Amendment No. 11-O1) RES. 2011-206 - A Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 2011 update of the General Plan Housing Element. Mayor/Chairman Morris opened the hearing. Terri Rahhal, Deputy Duector/City Planner, Community Development, stated that this item is an update to the Housing Element of the General Plan. She stated that the last comprehensive General Plan update in 2005 did not include the Housing Element and that is because Housing Elements aze updated Statewide on cycles that are prescribed in State law. Ms. Rahhal stated that the current General Plan update has been in progress since 2008. She stated that the General Plan Housing Element contains all of the policies and programs related to providing housing in the City that are contained in the General Plan. Updating the Housing Element includes providing any updates to the descriptions of existing conditions in the City, and housing programs and policies with particulaz emphasis on meeting the regional housing needs assessment which is prescribed by the State for each region. Ms. Rahhal stated that the City's Regional Housing Needs Assessment addresses the planning period from 2006 to 2014. Council Member/Commissioner McCammack asked if the Regional Housing Needs Assessment portion of the Housing Element took into consideration the number of vacant units which meant that we do not need to build 2,100 more low or very low income housing. Ms. Rahhal stated that that was correct to an extent; however, the regional housing needs assessment was completed before the worst impact of the recession and vacancies took place. She stated that the Housing Element shows that housing could be provided under our current plans, including existing stock for 31 06/20/2011 the numbers that are projected in the regional housing needs assessment. Also, the City is not compelled to actually produce additional housing-just to show that it is available or could be provided under current regulations. Council Member/Commissioner McCammack stated that she understood Ms. Rahhal's answer was that they do not have to build 2,100 units to fulfill that income requirement. Ms. Rahhal referred Mrs. McCammack to the table in the Planning Commission staff report that lays out the regional housing needs assessment. She stated that the highest category of housing production that's shown to be needed is in the above moderate income range. No public comments were received. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the heazing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2011-206 was adopted unanimously. 39. Public Hearing -Ordinance amending Development Code definitions and parking standards adding Chapter 19.63 (Development Code Amendment No. 11-02) An ordinance of the City of San Bernardino amending the San Bernardino Municipal Code (Development Code) by modifying definitions in Section 19.02.050 and parking standards in Section 19.24.040 and adding Chapter 19.63 to establish a procedure for requesting reasonable accommodation for individuals with disabilities. FIRST READING Mayor/Chairman Morris opened the heazing. Terri Rahhal, Deputy Director/City Planner, Community Development, stated that this is a companion item to the Housing Element update. One of the components of the Housing Element is an analysis of all regulations on development with the purpose of identifying any constraints to housing development. She stated that one thing the State pointed out in the review process of the Housing Element was that the City currently has a higher pazking requirement for studio apartments than is generally accepted throughout the State. Currently, we require one and one-half pazking spaces, and the State has requested that we reduce that to one space per unit. This ordinance would also bring our Code up to date to comply with existing State laws regarding the ability of disabled persons to request reasonable accommodation under our zoning code that they may need for accessibility. 32 06/20/2011 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the heating be closed; and that said ordinance be laid over for final adoption. The motion carried unanimously. 40. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2010/2011. (Continued from June 6, 2011) Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of July 5, 2011. The motion carried unanimously. 41. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2011 through June 30, 2016. (Continued from June 6, 2011) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/ Commission meeting of July 5, 2011. The motion carried unanimously. 42. RES. 2011-207 -Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the General Bargaining Unit of the City of San Bernardino represented by International Union of Operating Engineers. (Continued from June 6, 2011) Public Comments: George Swift, Member of the International Union of Operating Engineers, Local 12, representing the General Unit employees of the City. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2011-207 was adopted unanimously. 33 06/20/2011 COMMiJNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Mazquez, Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City Attorney Easland; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; Deputy City Clerk Ochiqui. Absent: None. R43. Joint Public Hearing -Disposition and Development Agreement -ACAA Limited Partnership, a California limited partnership - 542 North Mt. Vernon Avenue (Mt. Vernon Corridor Redevelopment Project Area) (Continued from June 6, 2011) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to a Disposition and Development Agreement ("ACAA DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and ACAA Limited Partnership, a California limited partnership ("ACAA") - 542 North Mt. Vernon Avenue (Mt. Vernon Corridor Redevelopment Project Area). (R43A) Resolution of the Community Development Commission of the City of San Bernardino approving a Disposition Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and ACAA Limited Partnership, a California limited partnership ("ACAA") and authorizing the Interim Executive Director of the Agency to execute that certain ACAA DDA - 542 North Mt. Vernon Avenue (Mt. Vernon Corridor Redevelopment Project Area). (R43B) Note: No backup materials were distributed. The heazing remained open. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Marquez, that the matter be tabled. The motion carried unanimously. R44. Agency Covenant Monitoring Quarterly Status Report for the period ending December 31, 2010 Council Member/Commissioner Shorett made a motion, seconded by Council Member/Commissioner Mazquez, that the Community Development Commission of the City of San Bernardino receive and file the Covenant Monitoring Quarterly Status Report for the period ending December 31, 2010 for the Redevelopment Agency of the City of San Bernardino. The motion carried with McCammack voting "no." 34 06/20!2011 R45. Homebuyer Assistance Program Report for the quarter ending December 31, 2010 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that the Community Development Commission of the City of San Bernardino receive and file the Quarterly Report of the Homebuyer Assistance Program activities for the period ending December 31, 2010 for the Redevelopment Agency of the City of San Bernardino. The motion carried with Kelley absent. R46. RES. 2011-208 -Resolution of the Mayor and Common Council of the City of San Bernardino (1) approving the transfer of Community Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) Programs Administration to the City of San Bernardino effective July 1, 2011, and (2) approving and authorizing the City Manager to execute the Sub-Recipient Agreement for Home Investment Partnership Act Grant Program (HOME) Administration with Affordable Housing Solutions of San Bernardino, Inc., as the designee of the Redevelopment Agency of the City of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Shorett, that said resolution be adopted. Resolution No. 2011-208 was adopted unanimously. R47. RES. CDC/2011-31 -Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Agreement for Professional Services by and between the Agency and Lilburn Corporation for preparation of an Environmental Impact Report - North Arden Guthrie Area (IVDA Redevelopment Project Area). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2011-31 was adopted unanimously. R48. RES. CDC/2011-32 -Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Agreement for Professional Services by and between the Agency and Ludwig Engineering, Inc., For engineering and construction management services for the 16th Street to 19`h Street Project (Northwest Redevelopment Project Area). 35 06!?A/2011 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Marquez, that said resolution be adopted. Resolution No. CDC/2011-32 was adopted unanimously. R49. RES. CDC/2011-33 -Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute an Agreement for Professional Services by and between the Agency and Transtech Engineers, Inc., for engineering and construction management services for the 19`° Street to 21" Street Project (Northwest Redevelopment Project Area). Public Comments: Joe Ortiz, San Bernadino, CA. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2011-33 was adopted unanimously. R50. Joint Public Hearing -Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and In-N- Out Burgers, Inc., a California corporation -Southeast corner of 5`" and H Streets (Central City North Redevelopment Project Area) Resolution of the Mayor and Common Council of the City of San Bernardino consenting to a Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and In-N- Out Burgers, Inc., a California corporation -Southeast corner of 5`h and H Streets (Central City North Redevelopment Project Area). (RSOA) 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 Disposition and Development Agreement by and between the Agency and In-N-Out Burgers, Inc., a California corporation -Southeast corner of 5"' and H Streets (Central City North Redevelopment Project Area). (R50B) Note: No backup materials were distributed. Mayor/Chairman Morris opened the heazing. Staff requested atwo-week continuance. 36 06/20/2011 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of July 5, 2011. The motion carried unanimously. 51. Ordinance of the City of San Bernardino amending Section 2.15.020 (Community Development) and repealing Chapter 2.78 (Code Compliance) of the San Bernardino Municipal Code. FIRST READING Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that said ordinance be laid over for final adoption; that staff be directed to make any additional corresponding changes to the City of San Bernardino Municipal Code; and that the Director of Human Resources be authorized to update job descriptions to reflect the change. Council Member/Commissioner McCammack stated that she could not support giving the director of a department the authority to change job descriptions without the Council reviewing them first. She stated that that is not only inconsistent with the Charter, but it is also abrogating their authority. City Attorney Penman suggested changing the word "make" to "recommend." Council Member/Commissioner McCammack suggested that the remainder of the motion should read, "that the Director of Human Resources recommend updates to the job descriptions to reflect the change." Council Member/Commissioner Johnson amended his motion, seconded by Council Member/Commissioner Kelley, that said ordinance be laid over for final adoption; that staff be directed to recommend any additional corresponding changes to the City of San Bernardino Municipal Code; and that the Director of Human Resources recommend updates to the job descriptions to reflect the change. The motion carried unanimously. 52. Pension Presentation Council Member/Commissioner Brinker distributed backup materials to the Council entitled, "Pension Reform Proposal." Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the City Manager be directed to schedule a workshop/presentation regarding costs of pension possibilities. No vote was taken. 37 06/20/2011 Council Member/Commissioner McCammack made a substitute motion that discussions take place between the City Manager and the employee groups and that their ideas be included in the presentation as well as any suggestions or ideas made by the Council. The motion died for lack of a second. Public Comments: Joe Ortiz, San Bernardino, CA. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Shorett, that the City Manager be directed to schedule a workshop/presentation regazding costs of pension possibilities. The motion failed with Marquez, Kelley and Johnson voting "no," and McCammack abstaining. 53. Public Comments Betty Long, San Bernardino, CA, spoke regarding the need for homeless shelters in the City of San Bernardino and announced that she was going to run for Mayor. Roger Henderson, San Bernardino, CA, stated that he has been attending the Citizens' Academy classes and encouraged the public to attend. He stated that last week's topic was Parks and Recreation, and after seeing how underfunded and understaffed they are, he didn't understand why the City would want to build more parks. He asked the Council to restore some of the Pazks and Recreation budget for maintenance of the pazks. Joe Ortiz, San Bernardino, CA, spoke regazding the spokesperson position in the Mayor's office. Bill Sandefur, San Bernazdino, CA, cited several serious issues at the Meadowbrook Pazk and Tower Apartments and stated that SK Management should not be allowed to get away with such deplorable conditions. Gary Eager, Highland, CA, announced that he is anewly-elected member of the Public Safety Academy Boazd and spoke regarding the character assassination of Michael Dickinson, his employees, and the staff at the Public Safety Academy by some parents and teachers. Ron Coats, San Bernardino, CA, stated that the time has come for the Mayor and Common Council and the Ciry in general to change the way it does business. 38 06/20!2011 Omar Shaheed, Riverside, CA, spoke regarding the fmancial and economic condition of African Americans, and he distributed and read a poem he wrote entitled, "Heaven in the Sky? Yes Indeed!!" Rose Loya, San Bernardino, CA, distributed a handout entitled, "Child Abduction Tips," and asked pazents to talk to their children about safety. Jim Smith, San Bernardino, CA, extended his condolences to the Clazk family; spoke about the special election of July 12, 2011; and stated that texting during Council meetings should not be allowed. Ken, owner of Sport Trailers, stated that he understood he had been awarded a contract to build five trailers for the Fire Depaztment. He stated that it has been 60 days and that he would have to void the contract at the end of the month if he did not hear back from them. He indicated that he was $1,800 cheaper than the lowest bidder and he is the only local vendor in the City. 54. Adjournment At 9:27 p.m. the meeting adjourned to Thursday, June 23, 2011 at 5:00 p.m. in the Economic Development Agency Boardroom to review the FY 2011/12 City and Economic Development Agency budgets. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, July 5, 2011. RACHEL G. CLARK, CMC City Clerk By ~.t_~e .7A> Q,,.,,O Linda Sutherland Deputy City Clerk 39 06/20!2011