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HomeMy WebLinkAbout09-18-2006 MinutesCITY OF SAN BERNARDINO 300 N. "D " Street San Bernardino, CA 92418 Website: www.sbcily.org MTNT TTRS Mayor Patrick J. Morris Council Members., Esther Estrada Dennis J. Baxter Vacant Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 18, 2006 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:33 p.m., Monday, September 18, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: None. Vacant: Third Ward. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): The the Department of Transportation v. the Redevelopment Agency of the City of San Bernardino et al. - San Bernardino Superior Court Case No. SCVSS 141024; Kenneth Brown v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 107526. 09/18/2006 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: Stewart Cumming v. Northwest Project Area Committee and Redevelopment Agency Claim filed by City of Riverside/Gage Canal Company Utility Users Tax Hiring Outside Counsel to review Cable/Telecommunications Ordinance C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: Redevelopment Agency/San Bernardino City Housing Authority v. Bonnie S. Johnson 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: Central City North Redevelopment Project Area 1. Property Address: 396 North "E" Street, San Bernardino APN: 0134-221-45 and 46 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer and Central City Commerce Center; Nick Coussoulis and wife; Dr. Jerome T. Taurek and wife; Marie Jay, property owners/sellers 2 09/18/2006 Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: California Bio-Mass v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 083473 & 4' District Court of Appeal Case No. E037065; Center for Biological Diversity v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 132463. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Reverend Barnabas Laubach, Chaplain at St. Bernardine's Medical Center, followed by the pledge of allegiance, led by Kevineshia Williams of Bradley Elementary School. Moment of Silence Mayor/Chairman Morris expressed condolences to the family and requested a moment of silence in memory of Donald A. Kipp, who passed away on September 7. Mr. Kipp worked with the City's Police Department for three years, but was best known for his 28 years of service with the California Highway Patrol. He retired as a captain of the CHP and then went to work for State Senator Ruben Ayala for ten years. 2. Appointments A. Re -appointment - Carl Clemons - Board of Police Commissioners - Mayor Morris. B. Re -appointment - Benjamin Gonzales - Alternate - Board Police Commissioners - Mayor Morris. C. Appointment - Robert Vincent - Alternate - Board of Police Commissioners - Mayor Morris. D. Appointment - Shirley Harlan - Community Television Commission - Council Member Derry. E. Appointment - Shirley Harlan - Senior Affairs Commission - Council Member Derry. 3 09/18/2006 Council Member/Commission Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the re -appointments and appointments A- E, as requested by Mayor Morris and Council Member Derry, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward. 3. Proclamations & Presentations Jim and Judy Watson and Chuck Diamond of Watson and Associates presented a check to Mayor Morris and Council Member Kelley in the amount of $20,000 for landscape improvements at University and the I-215 Freeway. Council Member/Commissioner McCammack presented a resolution of commendation to Russell Lackner, former Councilman and current member of the Community Television Commission, in appreciation of his many years of service to the City and the community. Mayor Morris presented a check from the Route 66 burnout contest in the amount of $4,000 to the Boys and Girls Club of San Bernardino, which was accepted by Dr. Queen Hamilton, member of the Executive Board of the Boys and Girls Club, and Clifford Hackney, Chief Professional Officer. The following individuals were presented a service pin award by Mayor Morris in recognition of their many years of dedicated service to the City: Name Department Olivia Partida Development Services Lyn Humphrey Information Technology David Allen Fire Donald Day Fire Anthony Galvan Fire Mark Graham Fire Brian Solorio Fire Mathew Block Police Clemente Elizalde Public Services Candace Gonzales Public Services Eddie Kelley Public Services Jacqueline Soto Public Services Years of Service 5 15 15 15 25 25 20 5 25 5 25 5 4 09/18/2006 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 Estrada, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 6. Council Minutes Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: August 2, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 7. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 30, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 5 09/18/2006 8. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated September 15, 2006 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 by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 9. RES. 2006-328 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Animal Housing Services Agreement by and between the City of San Bernardino and the City of Grand Terrace from July 1, 2006 through June 30, 2007. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-328 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 10. RES. 2006-329 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a License Agreement regarding off -site electronic message center freeway sign for Arrowhead Credit Union Park and accepting a deed for a parcel of land from Arrowhead Central Credit Union. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-329 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 6 09/18/2006 11. RES. 2006-330 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Eucalyptus Avenue and Randall Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1048; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Eucalyptus Avenue and Randall Avenue area (Tract No. 17273), to be known as Assessment District No. 1048; and that said resolution be adopted. The motion carried and Resolution No. 2006-330 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 12. RES. 2006-331 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Magnolia Avenue and Ohio Avenue area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1041; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Magnolia Avenue and Ohio Avenue area (Tract No. 15228), to be known as Assessment District No. 1041; and that said resolution be adopted. The motion carried and Resolution No. 2006-331 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 13. RES. 2006-339 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A resolution ... designating certain streets, or portions thereof as through highways ..." and establishing a four-way stop at the intersection of Palm Avenue and Irvington Avenue. 7 09/18/2006 Council Member/Commissioner Kelley noted that a traffic signal was really needed at this intersection; and City Manager Wilson advised that staff hopes to have a signal installed at this location during fiscal year 2008/09. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-339 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 14. RES. 2006-332 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with Pine Trails Partners, LLC, a California Limited Liability Company, for Pine Avenue improvements. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-332 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 15. Resolution of the City of San Bernardino approving a Services Agreement with Convert -A -Doc for the provision of document imaging services. Note: No resolution was distributed with the backup materials. City Manager Wilson advised that staff was requesting a two -week continuance on this item. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of October 2, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 16. RES. 2006-333 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a Professional Services Agreement with Rutan & Tucker, LLP for legal services regarding a claim for utility user tax refund by the City of Riverside. 8 09/18/2006 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-333 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 17. RES. 2006-334 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Director of Finance or designee to issue a purchase order to L. N. Curtis & Sons in the amount of $52,012.92 for small talk plus systems and self-contained breathing apparatus. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-334 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 18. RES. 2006-335 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the National Incident Management System as part of the City's Emergency Management System. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-335 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 19. Establish salaries for Police Department Ranges P-1, P-2, P-3 & Law Enforcement Trainee effective August 1, 2006 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee be established, effective August 1, 2006; That the Director of Human Resources be authorized to amend Resolution No. 6429 to reflect this action; and 9 09/18/2006 That the Director of Finance be authorized to amend the FY 2006/2007 budget by increasing the Police Department General Fund budget by $2,192,300 for Charter 186 costs by appropriating $877,300 from the General Fund Budget Reserve and transferring $1,315,000 from the General Government Budget in Account No. 001-092-5011 and also make the appropriate adjustments to the various Police Grants as allowed by the Grants for the Charter 186 costs. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 20. RES. 2006-336 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of a SAN (Storage Area Network) Enterprise Backup System for the City's computer servers from CDW Government, Inc. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-336 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 21. RES. 2006-340 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Purchase Order No. 999384 to Ranch Rock Products for removal of debris from the City owned Chestnut Debris Basin located in the Verdemont area north of Pahn Avenue in the City of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-340 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 21A. RES. 2006-337 - Resolution of the Mayor and Common Council authorizing the City Manager to execute an agreement between the City of Los Angeles and the City of San Bernardino for Los Angeles to loan four refuse collection vehicles to the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 10 09/18/2006 Resolution No. 2006-337 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 22. RES. 2006-338 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a grant of perpetual, non-exclusive easement to Waterman BP, LLC for landscape and utilities on property located on Waterman Avenue and Steele Street, San Bernardino, CA (APN 0141-342- 04-0000). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-338 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 23. An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Chapter 8.21; repealing and replacing Chapter 8.24 of the San Bernardino Municipal Code regarding garbage and rubbish and repealing and replacing Chapter 8.25 regarding scavenging of recyclable materials. FIRST READING City Manager Wilson advised that Agenda Item Nos. 23, 23A, and 23B were all related to a review done by the Public Services Department to update the provisions of the Municipal Code that relate to refuse and recycling. He pointed out that the major change being proposed is the inclusion of an enforcement process for illegally placed bins. He stated that the new process requires a 24- hour notice to be posted on illegally placed bins, and failure to remove those bins may result in the seizing and storing of the bins. Ken Fischer, Director of Public Services, stated that staff had combined a couple of existing ordinances, so a lot of the language had remained the same and was already included in the Municipal Code. He reiterated that the real change was the enforcement portion, which would provide "teeth" to the code and allow the City to go after those illegally placed bins. It was noted that a violation of this chapter shall be considered a misdemeanor, and may be punished as such by up to six months in jail and a $1,000 fine; however, at the discretion of the City Attorney, the violation of any provisions of this article of the Municipal Code may be filed as an infraction. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack that said ordinance be laid over for final adoption. 11 09/18/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 23A. An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Chapter 9.90 of the San Bernardino Municipal Code regarding authority to arrest - citations. FIRST READING Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 23B. An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Section 8.39.020 of the San Bernardino Municipal Code regarding nuisance vehicles. FIRST READING Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 24. An Ordinance of the City of San Bernardino amending Section 5.04.525(D) of the San Bernardino Municipal Code and adding Section 5.04.525(II) to the San Bernardino Municipal Code relating to Business Registration fees based on gross receipts. FIRST READING Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 25. Public hearing - resolution ordering vacation of the north -south alley, west of Mount Vernon Avenue, north of 5`s Street 12 09/18/2006 RES. 2006-341 - Resolution of the City of San Bernardino ordering the vacation of the north -south alley, west of Mount Vernon Avenue, north of 5' Street (Plan No. 11664). Mayor/Chairman Morris opened the hearing. Council Member/Commissioner Estrada stated that it has been over 20 years since there has been a gas station on the west side of town. Valerie Ross, Director of Development Services, advised that the Planning Commission had approved the conditional use permit, and vacation of the alley was the last step in the process. She stated that it had been determined that the alley was not needed for access —that the parcels will not be landlocked by vacating the alley. She added that the use was not inconsistent with the General Plan, that no objections had been received from adjoining property owners or utilities, and access would be reserved for the utility companies and other agencies, such as for refuse pickup. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed and the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why the north -south alley, west of Mount Vernon Avenue, north of 5' Street is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2006-341 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 26. RES. 2006-342 - Resolution of the City of San Bernardino adopting the Four -Year Capital Improvement Program (2006-2010) for Measure "I" Local Expenditures including Attachments "A" through "D"; Attachments "C" and "D" representing potential conflicts of interest for various council members. (Continued from September 5, 2006) Mayor/Chairman Morris explained that due to potential conflicts of interest which require specified Council members to recuse themselves from voting on Measure I Capital Improvement Projects (CIPs) located within 500 feet of real property which they own or have an interest, there would be three separate actions on this item to adopt Resolution No. 2006-342. 13 09/18/2006 The first action would be the full Council voting on all Measure I CIPs (as shown on Attachments A and B to the resolution), except those which pose a potential conflict of interest to Council Members Baxter, Johnson, and McCammack (as shown on Attachments C and D to the resolution). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that all CIP projects denoted on Attachments A and B to the resolution, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. Mayor/Chairman Morris advised that the next vote would be on those Measure I CIPs that pose potential conflicts of interest to Council Members Baxter and McCammack, as identified in Attachment C to the resolution. Council Member/Commissioner Baxter stated that he would abstain on the vote on Attachment C because he owns or has an interest in real property within 500 feet of CIP Code #SSO4-116 and left the Council Chambers, returning after the vote was taken. Council Member/Commissioner McCammack stated that she would abstain on the vote on Attachment C because she owns or has an interest in real property within 500 feet of CIP Code #SS07-25 and left the Council Chambers, returning after the vote was taken. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Derry, to approve the CIP projects listed on Attachment C to the resolution. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Members/Commissioners Baxter, McCammack. Absent: None. Vacant: Third Ward. Mayor/Chairman Morris advised that the final vote would be on a Measure I CIP which poses a potential conflict of interest to Council Member/ Commissioner Johnson as identified in Attachment D to the resolution. Council Member/Commissioner Johnson stated he would abstain on the vote on Attachment D because his employer owns or has an interest in real property located within 500 feet of CIP Code #SS06-73 and left the Council Chambers, returning after the vote was taken. 14 09/18/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, to approve the CIP project listed on Attachment D to the resolution. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. Vacant: Third Ward. 27. Resolution implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Middle Management Bargaining Unit and a resolution for salary adjustments. (Continued from September 5, 2006) Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Middle Management bargaining unit of the City of San Bernardino represented by San Bernardino Public Employees' Association. (27A) Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Ten, Eleven, Twelve & Fourteen, entitled in part "A Resolution . . . establishing a basic compensation plan ..."; by updating information codifying prior Council actions (General, Mid -Management, and Confidential & Management). (27B) City Manager Wilson advised that this item needed to be tabled. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, McCammack. Nays: None. Absent: Council Member/Commissioner Johnson. Vacant: Third Ward 28. Workshop — role of the City Manager — Management Information Center, Sixth Floor, City Hall Discussion ensued regarding the role of the City Manager as outlined in the City Charter and his relationship to the Mayor, the City Council, and department heads. City Manager Wilson re -distributed an interoffice memorandum he had sent to the Mayor and Council in March regarding Guidelines for Communication with City Manager and Staff. 15 09/18/2006 The Council also discussed that fact that under the current Charter the City Manager is allowed to approve contracts of less than $25,000; however, during the workshop Mr. Wilson agreed to provide the Council with a monthly report of all such contracts approved by him. No formal action was taken on this matter. 29. RES. 2006-343 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the hiring of Richards, Watson & Gershon to represent the City regarding cable/telecommunication franchises and adoption of a new cable/telecommunication ordinance. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2006-343 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 30. RES. 2006-344 - Resolution of the Mayor and Common Council of the City of San Bernardino designating September 11 as a day of service, charity and compassion. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-344 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack; Economic Development Agency Executive Director Pacheco and Special Counsel Sabo, City Clerk Clark. Absent: None. Vacant: Third Ward. R31. RES. CDC/200640 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 2 to the December 6, 1999, as subsequently amended, Grant Agreement by and between the Agency and Casa Ramona, Inc., a California non-profit corporation. 16 09/18/2006 Council Member/Commissioner Estrada stated that she would be abstaining on this item because Casa Ramona is her employer. She left the Council Chambers, returning after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. CDC/2006-40 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent: None. Vacant: Third Ward. R32. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the Redevelopment Project Study and Exclusive Right to Negotiate Agreement ("Agreement") with Home Depot, Inc. ("Developer") - IVDA Redevelopment Project Area. Economic Development Agency Executive Director Pacheco advised that staff was requesting a continuance of this item to October 16, 2006. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of October 16, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. R33. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2006 Property Owner Participation Agreement by and between the Agency and Christopher Cheng-Chyh Ko, Bruce Cheng-Hsieh Ko and Henry Cheng-Ju Ko ("Property Owners") for the development of the property. Maggie Pacheco, Executive Director, Economic Development Agency, advised that the Ko's attorney had requested a continuance of this matter to allow an opportunity to sit down and review the Owner Participation Agreement; therefore, staff was requesting a continuance to October 2. 17 09/18/2006 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of October 2, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. R34. Public hearing - 2006 HOME Funds Development Agreement for development of four (4) single-family in -fill homes - Arroyo Valley Community Economic Development Corporation (Arroyo), a non-profit corporation Resolution of the Mayor and Common Council of the City of San Bernardino approving an Amendment to the 2005/2010 Consolidated Plan and the 2006/2007 Annual Plan and consenting to the disposition of certain property located on 16'" and Harris Streets (APN: 0144-131-21) and 17's and "J" Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to the terms of the 2006 HOME Funds Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation ("Arroyo') and Inland Empire Concerned African American Churches ("Churches") (collectively referred to as "Developer") - Inland Valley Development Agency (IVDA) Redevelopment Project Area. (R34A) Resolution of the Community Development Commission of the City of San Bernardino approving the disposition of certain property located on 16'" and Harris Streets (APN: 0144-131-21) and Ir and "J" Streets (APN: 0144-131- 36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino ("Agency") and authorizing the Executive Director of the Agency to execute the 2006 HOME Funds Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation ("Arroyo") and Inland Empire Concerned African American Churches ("Churches") (collectively referred to as "Developer") - Inland Valley Development Agency (IVDA) Redevelopment Project Area. (R34B) Mayor/Chairman Morris advised that staff had requested a continuance of this item to the next meeting. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of October 2, 2006. 18 09/18/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. R35. Public hearing - Certification of an EIR related to the project and 2006 Disposition and Development Agreement by and between the Agency and Hillwood (State College Redevelopment Project Area) RES. CDC/2006-41 - Resolution of the Community Development Commission of the City of San Bernardino certifying that the Environmental Impact Report ("EIR") prepared for the Hillwood Warehouse/Distribution Facility (Tentative Parcel Map No. 17375 - "Project") is recognized as adequate and complete; recognizing the overriding considerations to certain adverse impacts and, recognizing the significant environmental effects which cannot be avoided, but can be reasonably mitigated, if the proposed project is implemented. (R35A) RES. CDC/2006-42 - Resolution of the Community Development Commission of the City of San Bernardino (1) approving the 2006 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and HSB I-215, a California Limited Partnership and SE I-215, a California Limited Partnership (collectively referred to as "Hillwood"); (2) authorizing the Executive Director of the Agency to execute said DDA relating to the transfer of the Agency Property located south of the Hillwood Property and west of the I-215 Freeway - (10.53 acres in the City of San Bernardino) ("Agency Property"); (3) acceptance by the Agency of the adjacent Exchange Tract; and (4) making certain findings thereto related to the development of the project. (R35B) RES. 2006-346 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the sale of the Agency Property as identified in the 2006 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and HSB I-215, a California Limited Partnership and SE I-215, a California Limited Partnership (collectively referred to as "Hillwood") (Agency Property located south of the Hillwood Property and west of the I- 215 Freeway - 10.53 acres in the City of San Bernardino) ("Agency Property") and accepting the Community Development Commission's certain findings related to the development of the proposed project. (R35C) Mayor/Chairman Morris opened the hearing. 19 09/18/2006 Economic Development Agency Executive Director Pacheco advised that this transaction was essentially approved by the Community Development Commission back in August 2005, wherein the Commission approved an exclusive right to negotiate agreement with Hillwood to explore the possibility of developing a 2,000,000-square-foot warehouse distribution facility off Interstate 215, commonly known as the former Culligan property. She stated that the matter before the Commission today was the disposition of Agency property —approximately 10.5 acres —and the development of Hillwood property of about 144 acres. She stated that together the development would consist of 2,000,000 square feet of building, and Hillwood had committed to the development of that property within the next five years. Ms. Pacheco stated that the Agency was proposing to transfer 10.5 acres to Hillwood in exchange for their 4.46 acres. She noted that the value of the Agency property is $970,000 and the value of the exchange property that the Agency would acquire from Hillwood is in excess of $1.5 million. In addition, the Development Agreement provides for the Agency to contribute towards some of Hillwood's extraordinary public improvement costs in the amount of $2.2 million. The Agency would also pay the excess fair share towards Hillwood's agreement on the University interchange, so the total contribution by the Agency for this development would be a maximum of $3.6 million. She stated that the $1.4 million for the University interchange is a firm number, but with regards to the subsidy between $1.4 million to $3.6 million —that is all predicated on the public improvements to be installed by Hillwood, assuming that the public improvements are eligible public improvements and approved by the City Engineer. However, the maximum exposure by the Agency would be no more than $3.6 million, and that would be paid by the tax increment generated by the development itself, paid 50150 of the net tax increment over the life of the redevelopment project. No public comments were received. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed and that said resolutions A-C, be adopted. Community Development Commission Resolution Nos. CDC/2006-41 and CDC/2006-42 and Mayor and Common Council Resolution No. 2006-346 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 20 09/18/2006 Planning 36. Appeal Hearing - Conditional Use Permit No. 05-23 (Appeal No. 06-06) - an appeal of Planning Commission approval to construct a 75-foot monopalm telecommunications tower and equipment shelter at 3630 North "E" Street in the RM, Residential Medium, land use district Mayor/Chairman Morris opened the hearing. Terri Rahhal, City Planner, stated that this item was an appeal of a Planning Commission action approving Conditional Use Permit No. 05-23 on May 2, 2006, a proposal for a 75-foot telecommunications tower camouflaged as a palm tree at the Uptown Church of Christ, located at 3630 North "E" Street. She stated that the appellant, Mr. Martin Caputo, arrived at the Planning Commission late, after the project had been approved and the applicant had already left the hearing chambers. Therefore, he was not able to voice his opposition at the Planning Commission hearing so he filed an appeal. She stated that in his appeal statement Mr. Caputo claimed that he did not receive adequate notice of the Planning Commission hearing. He also stated that he owns two vacant lots adjacent to the project site, which are currently for sale; and he believes that installing the monopalm antenna at the church site may reduce the potential value of his property. Ms. Rahhal stated that staffs response to the notification complaint is that the standard ten-day notice of hearing was provided, including mailed notice to the surrounding property owners and a published notice in The Sun newspaper. As for the impact on neighboring properties, staff would submit that this proposal conforms to the standards in the Development Code, including camouflage of the antenna itself, screening of the equipment, and planting a group of live trees to add to the camouflaging effect. Ms. Rahhal concluded by stating that cellular antennas are needed to provide the service that we all demand, and church sites offer an ideal location to provide coverage in residential areas by using existing nonresidential sites where the equipment would not be obtrusive on the neighborhood. Also, the income from hosting an antenna can make a big difference in the finances for a neighborhood church. She stated that staff supports the antenna proposal at the Uptown Church of Christ and recommends that the Council deny the appeal and uphold the Planning Commission approval of CUP 05-23. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: 21 09/18/2006 Martin Caputo, 2691 Dow Avenue #C, Tustin, CA, submitted photographs for the Council members review. He stated that he owned two adjacent residential lots and expressed concern that the proposed cell tower would make his property less attractive and less valuable and potentially undesirable for occupants or buyers of any residential, single-family owner -occupied dwellings that will eventually be built on the property. He stated that the property was currently on the market for sale. Mr. Caputo stated that it appears that the area and the church are lacking some amenities such as finished roads, street lighting, parking lighting, proper road driveway access and obvious cosmetic upkeep and landscaping. He asked that the City require that the entire church parcel be brought up to full and current building codes. He stated that the church property was a very small, narrow lot; therefore, the setbacks and locations must be very close to his property lines. He added that any noise would be easily heard and would be a 24/7, around the clock event that would impact the marketability and the value of his property. Mr. Caputo stated that Brian Foote, City employee, had indicated there was a noise report requested from the Cingular cell tower staff, and had told him on Friday that the City was in receipt of said report. He stated that it had something to do with some decibel numbers that he was unfamiliar with; and questioned what had happened to the report, whether staff had seen the report, etc. He stated that his property is currently being marketed and they are attempting to construct two residential, single-family homes on the sites, which is the highest and best use of the property at this time. He stated that this is a very quiet neighborhood, and any noise will be heard, especially at night with any bedroom or other windows open, similar to a pool pump. He noted that the pool pump would go "off and on" for a couple of hours during the daytime; however, this would be 24/7. He stated that he was sure a cell phone tower would have HVAC systems and large generators that would be installed. Also, the minimum setbacks are not very large on either lot, since they are both narrow lots, and it's impossible to separate the tower from any home walls or windows. He stated that he could understand a cell phone tower going up on a five- or ten -acre site, or at a shopping center, where you put it in the center and the surrounding homes are far enough away. He stated he was not sure, but he also thought there might be constant vehicle truck traffic for repairs and monitoring the site. He stated that he felt this type of structure would be better suited to a commercial zone, not on an infill church lot. 22 09/18/2006 He stated that it was his understanding that the City did not want the proposed cell tower located near the front road against or near the street next to the church building. He was concerned that if the City of San Bernardino did not want the beautiful palm trees and the cell phone tower facing the street, then why would it be any more cosmetically appealing located at the rear next to his lot and his residential neighboring structures. He requested that if the cell tower must be located at the church, that it be located near the front of the church and fence, near the road where there are no residential structures so close; or that it be denied. City Planner Rahhal stated that the proposed equipment shelter itself is located near the corner of the lot, which would be adjacent to Mr. Caputo's property; however, it is an enclosed block shelter, and the City does require that any equipment that is exterior to the shelter be directed away from residential properties. In addition, there are performance standards in effect in the Development Code that set noise limits at the property line, and they would have to comply with these limits. Council Member/Commissioner McCammack asked how staff would know that the applicant would be able to comply with the noise limits until after the cell tower goes up. City Planner Rahhal advised that the cell tower itself would not be the source of the noise, and furthermore, it would be located quite a distance from the property line in the center of the parking lot. She explained that the equipment is installed within a protective enclosure and it is sound -rated without attenuation to reach a certain decibel level at a certain distance; therefore, depending on the equipment that is installed and its rating, staff will be able to determine if equipment will meet the standard without attenuation, and most would be able to do so. Council Member/Commissioner McCammack stated that she thought this Council had passed some legislation recently regarding a cell tower needing to be 500 feet from a residential piece of property and asked whether she was remembering this correctly. Ms. Rahhal stated that she thought the standard that was set was 75 feet, but that would trigger the need for a conditional use permit with a public hearing, which is what was held at the Planning Commission. Council Member/Commissioner Estrada stated that several months ago she had asked for information relative to these towers because she wanted to know if it was safe to place them in our neighborhoods; and from what she had read it appeared that they were very safe. Then about a month ago, the tower for the taxicab company on Fifth Street caught on fire, because even though it is 23 09/18/2006 surrounded by a 6-foot block wall, it wasn't cleaned out enough. Somehow it caught fire and some of the embers got out and burned part of the neighbor's house. So now she doesn't feel quite as good as when she first asked for the information —only now it's not about the tower itself, but the maintenance of the area. Ms. Rahhal advised that there was an investigation of that site, and it was not the tower or the equipment that started the fire. As a matter of fact, the Fire Department came to the conclusion that it started on the adjacent residential property; however, there was substantial damage on the site with the antenna, and it did bring to light the fact that these sites, if they are completely unattended, may attract vagrants or others that might bring fire hazards to the site. She noted that the advantage of a church site like this is that it does have someone taking care of the property and someone is there at least on a weekly basis. Ms. Estrada stated that she just didn't know whether the City had taken all the necessary precautions that it needs to take in order to have these towers in the neighborhoods. Larry Meissner, Minister of the Uptown Church of Christ, 3630 North "E" Street, San Bernardino, CA, stated that insofar as the fire safety issue was concerned, he had not talked with the installers, but they may be able to put some kind of a mesh screen across the top that would keep debris from falling into the area. Also, if a fire did start, it would keep embers from coming out. He stated that as part of this project the tower company is planning to do some upgrades to the church's parking area, and that will help to enhance the appearance of the neighborhood and address some of the concerns of the appellant. However, this is an opportunity for the church that will be helpful to the congregation. Council Member/Commissioner McCammack stated that it looked to her as though the square footage to be taken up by the equipment and the cell site itself was about 1200 square feet. Ms. Rahhal stated that she thought the equipment enclosure was only about 400 square feet, and the tower itself is like a tree in a landscape island, and there are three other trees in the center of the parking area. Ms. McCammack questioned what that would do to the church's parking; and Ms. Rahhal indicated that the parking area would be reconfigured —that there was ample parking on the other side. 24 09/18/2006 Council Member/Commissioner Derry stated that another thing to think about when the Council is considering this type of issue is that these towers serve a public necessity. He noted that the whole area of San Bernardino has a lot of dead spots where cell phone reception goes away very quickly —that all cities deal with these issues —and these towers serve a public safety issue when it comes to cell phone usage and the ability to use your communication devices. He stated that it is a relatively small structure, it is on church property, and from firsthand knowledge, when you start going over that hill your phone goes dead very quickly. He stated that he could see where it serves public necessity and public good, and he thought that over time that would be of greater benefit than any impact on the surrounding area. He stated he did not think it would be a blight in the community —that they are all over the community —and the City requirements state that it has to be "master" hidden. Council Member/Commissioner Baxter stated that coming from a broadcasting background of more than 30 years, he has stood next to 100,000-watt transmitters, 10,000-watt transmitters, and these things are usually in block buildings, and the tower makes no noise whatsoever. The concept that noise comes out of the transmitter, or basically the tower itself, is inaccurate. He stated that he saw no problem with having the tower located at this location. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; and that the Mayor and Common Council deny Appeal No.06-06 and uphold the Planning Commission's approval of Conditional Use Permit No. 05-23. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. Vacant: Third Ward. 37. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA distributed a handout to the Council members of material from his book and commented on some of the articles therein. 25 09/18/2006 Robert Rego, 5856 Merito Avenue, San Bernardino, CA stated that three months ago he addressed the Council about the significance of the information known as The Comprehensive Annual Financial Report to the citizens of the City of San Bernardino and those that are doing business in this city. He stated that he wanted to reiterate his concern since very little has happened since then regarding this. He stated that his greatest concern is that this City is not listed as being in compliance with Government Accounting Standards Board Statement No. 34. Through the City Clerk, staff advised that an audit is currently being done, and as soon as the results are in they will be downloaded onto the City's website. Paul Sanborn, 3559 Genevieve, San Bernardino, CA spoke about the need to clean up the city of San Bernardino from all graffiti. He suggested to the Mayor and Council that they draw up an ordinance and ban all spray cans being sold in this town and try to get the other cities to go along with it. At the same time, make it the property owner's duty to remove the graffiti —give them three days to remove the graffiti or they get fined $250; if they go another three days, the fine goes up to $500. Sl. RES. 2006-345 - Resolution of the City of San Bernardino authorizing a 120-day contract extension between the City of San Bernardino and California Aviation Services for Helicopter Patrol Services and to increase the Purchase Order (#300128) for these services to an amount not to exceed $230,184. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the Director of Finance be authorized to amend the adopted General Fund budget for FY 2006/07 as follows: increase the General Fund revenue Account No. 001-000-4621 (Booking Fee Subvention) by $354,700, increase Police expenditure Account No. 001-213-5502 (Professional/Contractual Services) by $129,184, increase the Police Booking Charges, Account No. 001-228-5178 by $14,700; and set aside the remaining $210,800 in the General Fund Budget Reserve account. The motion carried and Resolution No. 2006-345 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward. 26 09/18/2006 38. Adjournment At 7:06 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, October 2, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 39 No. of Hours: 5 RACHEL G. CLARK City Clerk Q By:id, Linda E. Hartzel Deputy City Clerk 27 09/18/2006