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HomeMy WebLinkAbout06-Council Minutes , CITY OF SAN BERNARDINO 300 N. "D>> Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Potrkk J. Morris Council MemIHrs: Esther Estroda Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Yon Johnson Wendy McCammack w MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY21,2oo7 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:33 p.m., Monday, May 21, 2007, 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, Brinker, Derry, Kelley, Johnson, McCanunack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): J.R., et al. v. City of San Bernardino - United States District Court Case No. 05-1045 JWJ; Singleton v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SBVSS 126289; 1 OS/21/2007 City of San Bernardino v. California Electric Power Company, et al. - San Bernardino Superior Court Case No. SCVSS 134263. 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: 1. Inland Communities Corp. v. City of San Bernardino, et al. (Paradise Hills) 2. Claim filed by the City of RiversidefFhe Gage Canal Company C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: one case 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 the following additional cases would be discussed in closed session under Agenda Item No. IB, significant exposure to litigation: Agenda Item No. 29; Claim of Anthony and Eric Collay; National Alliance for Human Rights v. City of San Bernardino. Under Agenda Item No. IC, anticipated litigation/initiation of litigation: A second case Under Agenda Item No. IF, conference with labor negotiator: San Bernardino Professional Fire Fighters Association 2 OS/21/2007 Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Reverend Barnabas Laubach of St. Bernardine's Medical Center, followed by the pledge of allegiance, led by Gabriela Perez from Bradley Elementary School. Moment of Silence Mayor/Chairman Morris expressed condolences to the families and requested a moment of silence in memory of Roger O'Campo, who managed a Little League team, was a member of the Knights of Columbus Council 905, and a former member of the San Bernardino Police Commission; Thomas G. Crist, a native of San Bernardino who worked for the school district as an elementary and middle school teacher and administrator, served as principal of Mt. Vernon Elementary School and Alessandro Elementary School until his retirement in 1995, and coordinated the America Reads/America Counts tutors for the school district and worked with students at California State University, San Bernardino; and Dr. Gordon O. Lambson, a well known oral surgeon, who had medical offices in San Bernardino and Redlands. 2. Appointments Education Bridge Ad Hoc Committee - Mayor Morris . Council Member Baxter . Council Member Estrada Historical Preservation Commission . Alycia D. Enciso - Council Member McCanunack . Nick Cataldo - Council Member Kelley Fine Arts Commission . Mary Sue Atanasova - Council Member Baxter Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the appointments of Council Member Baxter, Council Member Estrada, Alycia Enciso, Mary Sue Atanasova, and Nick Cataldo, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3 OS/21/2007 3. Presentations & Proclamations Following a performance by the Elementary Magnet Schools Honor Orchestra, under the direction of Michele Tacchia, Mayor Morris presented Certificates of Recognition to the students for walking off with top prizes at the Southern California School Band and Orchestra Association Regional Festival. Councilman Johnson introduced Akashambatwa Mbikusita-Lewanika, Prince of Zambia, Africa, a guest of the Inland Empire Concerned African American Churches under the leadership of Pastor Raymond Turner of Temple Missionary Baptist Church. Mayor Morris stated that he prepared a formal proclamation in honor of the Prince's visit, making this day a special day in the City of San Bernardino. Mayor Morris introduced the Executive Director of the California Welcome Center, Mr. Wayne Austin, and announced that last week was the official opening of the Center, which is located at 1955 Hunts Lane, and is also the new home for the San Bernardino Convention and Visitors Bureau. Mayor Morris presented a proclamation designating the week of May 21-27, 2007, as Public Works Week to City Engineer Mark Lancaster and Director of Public Services Ken Fischer. Mayor Morris presented a proclamation designating the month of Mayas Foster Care Awareness Month to Lisa Dryan on behalf of Child Protective Services. Peggi Hazlett, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Morris in recognition of their many years of dedicated service to the City: Name Bernardo Guevara Martin Estacio Scott Gauley Jeffery Northup Paula Miller Daniel Ustation Jarrod Burguan Mark Garcia Jonathan Roberg Michael Roche Clark Wood Department Development Services Fire Fire Fire Library Parks, Recreation and Community Services Police Police Police Police Police 4 Years of Service 5 20 20 20 10 25e 15 20 10 20 5 OS/21/2007 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 FuU Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, ,Kelley, J0hnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: March 21,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated May 18, 2007 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, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 OS/21/2007 8. RES. 2007-158 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium & Haws and the City of San Bernardino in the case of San Bernardino Police Officers Association v. City of San Bernardino, a municipal corporation; Michael Billdt, individually and as Chief of Police for the San Bernardino Police Department; and Does 1 through 10, inclusive. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-158 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Jolmson, McCammack. Nays: None. Absent: None. 9. RES. 2007-159 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odium & Haws and the City of San Bernardino in the Civil Service Hearing of Steve Lowes. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Jolmson, that said resolution be adopted. Resolution No. 2007-159 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. Report to Mayor and Council on subject matter related to municipal governance learned while attending the April 2007 International Municipal Lawyers Association Conference Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the report be discussed, received and filed . The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Set budget hearing dates for June 7, 14, 21, 2007, at 4:30 p.m. in the Economic Development Agency Boardroom, to review the Fiscal Year 2007/2008 Budget 6 OS/21/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council set the Fiscal Year 2007/08 budget workshop dates for Thursdays, June 7, 14, & 21, 2007, at 4:30 p.m. in the Economic Development Agency Boardroom, to review the Fiscal Year 2007/2008 City and Economic Development Agency budgets. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. ORD. MC-I246 - An Ordinance of the City of San Bernardino amending Chapter 8.54 of the San Bernardino Municipal Code regarding noise. FINAL READING. (Continued from May 7, 2007) Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1246 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2007-168 - 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 Olive Avenue and Belmont 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. 1051; preliminarily approving the Engineer's report and giving notice of a public hearing. Note: Agenda Item Nos. 13 and 14 were discussed simultaneously. Council Member/Commissioner Kelley stated that he recently took a tour of the Fifth Ward with the Director of Parks, Recreation and Community Services to review the Landscape Maintenance Districts (LMDs) and the need for better maintenance. He requested that the Council look at ways of beefing up staffing levels and improving the condition of our LMDs and the condition of our parks Citywide. City Manager Wilson stated that as the number of LMDs grows there is a need to adequately administer the various contracts that exist regarding landscape maintenance. He stated that one of the recommendations made by Management Partners was to look at the whole issue of LMDs and assess whether what we are doing makes sense. Mr. Wilson stated that in the coming months they will be 7 OS/21/2007 delving into it with the new Parks and Recreation Director and will look at ways to address Mr. Kelley's concerns. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, 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 Olive Avenue and Belmont Avenue area (Tract No. 17396), to be known as Assessment District No. 1051; and that said resolution be adopted. The motion carried and Resolution No. 2007-168 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 14. RES. 2007-169 - 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 Pine Avenue and Redwood Street 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. 1055; preliminarily approving the Engineer's report and giving notice of a public hearing. Note: Agenda Item Nos. 13 and 14 were discussed simultaneously. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, 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 Pine Avenue and Redwood Street area (Tract No. 17716), to be known as Assessment District No. 1055; and that said resolution be adopted. The motion carried and Resolution No. 2007-169 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2007-160 - Resolution of the City of San Bernardino making application to the Local Agency Formation Commission for providing City sewer services to property within unincorporated territory located at 4285 North Fourth Avenue. 8 OS/21/2007 Council Member/Conunissioner Baxter made a motion, seconded by Council Member/Conunissioner Johnson, that the Director of Development Services be authorized to initiate proceedings for the provision of City sewer services outside of City boundaries for property located at 4285 N. Fourth A venue; and that said resolution be adopted. The motion carried and Resolution No. 2007-160 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2007-161 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the fmal map for Tract Map No. 17704, located between Sierra Way and Waterman Avenue on the North side of 3'd Street in the CG-2, Commercial General land use district, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Conunissioner Johnson, that said resolution be adopted. Resolution No. 2007-161 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Resolution ofthe City of San Bernardino authorizing and directing execution of a license and agreement with JKS-Marshall Plaza LLC, a Delaware Limited Liability Company for encroachment of an overhanging fa~de and appurtenances in the right-of-way of a public alley located south of Second Street and west of "G" Street. Note: No resolution was distributed with the backup materials. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Conunission meeting of June 4, 2007. The motion carried by the following vote: Ayes: Council Members/ Conunissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 OS/2112007 18. RES. 2007-170 - Resolution of the City of San Bernardino authorizing execution of a cooperative agreement between the City of San Bernardino and the County of San Bernardino for pavement rehabilitation of Cajon Boulevard from 0.22 miles northwest of Palm Avenue to 0.05 miles northwest of Rex Cole Road (SS07-06). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-170 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2007-162 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the final map for Tract Map No. 17076, located on the southwest comer of Pepper Avenue and Rialto Avenue in the RS, Residential Suburban land use district, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-162 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2007-163 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract and issuance of an annual purchase order with three one-year options to Arrow Power Sweeping, Inc. for parking lot sweeping services for the Carousel Mall and the Five-Level Parking Strncture in the amount of $59,900.00. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-163 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2007-164 - 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 Zoll Medical Corporation in the amount of $95,791.83 for the purchase of defibrillators and accessories. 10 OS/21/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-164 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Budget amendment to augment the library book expenditure account by an additional $38,000 received from the State Library Public Library Fund Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the Fiscal Year 2006/07 Library budget and increase the Library's book account (Account No. 105-471-5123) by $38,000 and increase in a corresponding amount Library PLF revenues (Account No. 105-000-4618). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2007-165 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Professional Services Agreement with RHA Landscape Architects-Planners, Inc., in the amount of $135,300 for the purpose of preparing the plans and specifications for the Electric Avenue Historic Park Project. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-165 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2007-166 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of 2007/08 Used Oil and Filter Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-166 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11 OS/21/2007 25. RES. 2007-167 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of the funding request form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction Activities. Council Member/Conunissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-167 was adopted by the following vote: Ayes: Council Members/Conunissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Public Hearing - resolution ordering work - Chiquita Lane and Date Street Area Landscape Maintenance Assessment District No. 1060 (Tract No. 17576) RES. 2007-155 - Resolution of the City of San Bernardino fmding and determining the existence of less than a majority protest, that baUots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Chiquita Lane and Date Street Area, approving the fmal Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1060, ordering the work, confirming the 2007-2008 assessment roU, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shaD not apply. Mayor/Chairman Morris opened the hearing. City Clerk Clark announced that five (5) ballots had been returned and were in favor of the proposed assessment. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2007-155 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Public Hearing - resolution ordering work - Mill Street and Meridian Avenue Area Landscape Maintenance Assessment District No. 1061 - Tract No. 17218 (Continued from May 7, 2(07) 12 OS/21/2007 RES. 2007-156 - Resolution of the City of San Bernardino rmding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the Mill Street and Meridian Avenue area, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1061, ordering the work, confIrming the 2007-2008 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. The hearing remained open. City Clerk Clark announced that eight (8) ballots had been returned and were in favor of the proposed assessment. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2007-156 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 28. Approve request for continnance of Tentative Tract No. 14112 located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from November 6,2006) Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCanunack, that the Mayor and Common Council approve the request for continuance of the Pinal Map for Tentative Tract No. 14112, to November 19, 2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack. Nays: None. Absent: None. 13 OS/21/2007 PLANNING 29. Public Hearing - Conditional Use Permit No. 06-24 (Appeal No. 07-02) appeal of the plAnning Commission approval of additional antennas and equipment at an existing communication tower site, with a requirement to replace the existing non-stealth monopole tower with a monopine tower - 1093 West 5th Street in the CH, Commercial Heavy, land use district (Continued from May 7,2(07) The hearing remained open. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of June 4,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Public Hearing - Specific Plan Amendment No. 06-03, Tentative Parcel Map No. 17887, Variance No. 07-08 and Development Permit II No. 06-06 - Hillwood Southgate Project RES. 2007-157 - Resolution of the City of San Bernardino adopting Specific Plan Amendment No. 06-03, to amend the San Bernardino International Trade Center Specific Plan. Mayor/Chairman Morris opened the hearing. Terri Rahhal, Deputy Director/City Planner, stated that this project contains a Specific Plan Amendment jointly proposed by Hillwood Investment Properties and the Inland Valley Development Agency, as well as a warehouse and distribution center proposed by Hillwood as their Southgate Project. She stated that this Specific Plan Amendment would rename the International Trade Center Specific Plan as the Alliance California Specific Plan, would add approximately 32 acres to the Specific Plan area, and would make various adjustments within the Specific Plan to accommodate the remaining build out of that area. Ms. Rahhal stated that the Southgate Project is a development permit application for 6 large warehouse distribution facilities on the north side of Central Avenue, east of Tippecanoe Avenue. She stated that this would be the extension of the existing Central A venue, which was previously known as Palm Meadows Drive. She stated that the large warehouse facilities would total approximately 2.5 14 OS/21/2007 million square feet, and in addition to these large facilities, there is a proposed complex of 20 smaller industrial buildings in an industrial park setting for a total of 200,000 square feet at the southeast comer of Central Avenue and Tippecanoe A venue. Ms. Rahhal stated that a Tentative Parcel Map No. 17887 is proposed to divide the 159-acre site into 10 parcels, and ultimately this project site will have access to Tippecanoe and Mountain View Avenues from Central. She stated that pending completion of the extension of Mountain View Avenue to connect to Central A venue, the site would only have one standard means of access from Central Avenue to Tippecanoe Avenue. In the meantime, a variance from the Code requirement for two standard means of access is requested for this project. Ms. Rahhal stated that in addition to the standard access to Tippecanoe Avenue via Central Avenue, two non-standard alternative access routes are proposed to serve the project site during that interim period and the Fire Marshall has approved these proposed access ways as stated in the memo identified as Exhibit 3 of the staff report. She stated that compliance with the California Environmental Quality Act is proposed by an addendum to the International Trade Center Specific Plan, which was previously certified with an Environmental Impact Report. Ms. Rahhal stated that the Planning Commission considered the Specific Plan Amendment and the Southgate Project at its meetings of April 17 and May 8 of this year, and they unanimously recommended approval. She stated that the Inland Valley Development Agency and the San Bernardino International Airport Authority support the project subject to provisions for compatibility with the Airport, which have been included in the revised Conditions of Approval. She stated that Hillwood Investment Properties has agreed to all the Conditions of Approval and are eager to commence development of the project site. Ms. Rahhal stated that staff recommends that the Mayor and Council adopt the resolution to approve the proposed amendments to the Specific Plan and to adopt the addendum to the certified EIR. Further, she stated that staff recommends that the Mayor and Council approve Tentative Parcel Map No. 17887, Variance No. 07-08 and Development Permit II No. 06-06, based on the Findings of Fact in the Planning Commission staff report, and subject to the revised Conditions of Approval and Standard Requirements. No public comments were received. 15 05121/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that the Mayor and Common Council adopt the resolution to amend the Specific Plan and approve Tentative Parcel Map No. 17887, Variance No. 07-08, and Development Permit II No. 06-06, based upon the Findings of Fact and subject to the Conditions of Approval and Standard Requirements. The motion carried and Resolution No. 2007-157 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. Ordinance of the City of San Bernardino amending Section 9.69 of the San Bernardino Municipal Code. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Public Comments Betty Jean Long, P.O. Box 1098, San Bernardino, CA, spoke about the March 17 protests by the illegal immigrants and Armando Navarro. David McClIrnrnllck, 634 E. Parkdale Drive, San Bernardino, CA, talked about several monuments he visited in Washington D.C. and Philadelphia and he requested that everyone take a moment during the holiday to show thanks to all our veterans. Stewart Cumming, 4377 N. Cristy Avenue, San Bernardino, CA, stated that Mr. Navarro and the National Alliance for Human Rights believe that the City billing them for extraordinary costs related to their demonstration is a violation of their first and fourteenth amendment rights-freedom of speech and assembly. He stated that Mr. Navarro learned of the regulations when he applied for a permit. He had the option of paying fees up front indemnifying himself against actual cost increases. He had the opportunity to provide his own security for the event in lieu of utilizing City provided services and he chose not to do so. He chose to come to San Bernardino-a city known to be struggling with high crime rates, budgetary constraints, and an understaffed police department. He had a myriad of options available to him as to the time and place for conducting his event and he chose not to exercise them. Knowing the regulations, he is aware that if he objects to the fees, he can seek an administrative review. Instead, he 16 OS/21/2007 chose to use the press as a bully pulpit touting his civil rights to avoid paying a legitimate bill. Mr. Cumming stated that as a citizen of this City he has unalienable rights to life, liberty and the pursuit of happiness that the Police Department is charged with protecting. However, these rights trump your rights when you infringe on their ability to do so. Tierney Harris, 2025 Sunrise Lane, #4, San Bernardino, CA, spoke regarding the crime in her neighborhood. Scott Folkens, 236 E. 29th Street, San Bernardino, CA, President of the Wilson Neighborhood Cluster Association, thanked Counci1man Kelley for his efforts in establishing Ronald Reagan Park, and he announced that their first fundraiser event will be held on June 12, 2007, at the Castaway Restaurant. Yvonne Downing, 898 Wilson Street, San Bernardino, CA, spoke about crime. 33. Adjournment At 5:20 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for I :30 p.m., Monday, June 4, 2007, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk ByA-1l1 ,~ ~ Linda Sutherland Deputy City Clerk No. of Items: 33 No. of Hours: 4 17 OS/21/2007 CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palrick J. Morris Council Members: Esther Estrada Dennis J. BOXIer Tobin Brinker Neil Derry ChDs Kelley Rikke Van Johnson Wendy McCamnuu:k ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JUNE 4, 2007 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:43 p.m., Monday, June 4, 2007, 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, Brinker, Derry, Johnson, McCarnmack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 1:53 p.m., Council Member/Commissioner Kelley arrived at the Council! Commission meeting. 1. Closed Session A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Michael Ne/(rete v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 142361; Kenneth O'Howell v. City of San Bernardino, et al. - United States District Court Case No. CV 06-01678 PSG (OPx). 1 06/04/2007 B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: National Alliance for Human Rights v. City of San Bernardino ACLU v. City of San Bernardino Garrett Zimmon - Disability Retirement Agenda Item No. 35 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. County of San Bernardino; California Portland Cement Company; Robertson's Ready Mix; Holliday Rock, Co. Inc. 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: 401h Street Redevelopment Project Area I. Property Address: 255 East 49"' Street APN: 0154-126-02 Ne20tiatin2 Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Frank Marques, property owner/seller Under Ne20tiation: Purchase price, terms, and conditions 2 06/04/2007 City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item No. IB, significant exposure to litigation: Agenda Item No. 36; Ratification of Mayor's waiver of extraordinary fees for event held by California State Employees Association on June 2,2007; Gymnasium at Ruben Campos Center. Under Agenda Item No. ID, Personnel: One item. Closed Session Announcement City Clerk Clark announced that during closed session a motion was made by Council Member/Commissioner Baxter, seconded by Council Member/Commissioner McCammack, and unanimously carried, to waive extraordinary law enforcement fees for the event held June 2,2007, by the California State Employees Association. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel 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. Invocation/Pledge of Allegiance The invocation was given by Reverend Jose Vindel of St. Paul's United Methodist Church, followed by the pledge of allegiance, led by Council Member Chas Kelley. Moment of Silence Mayor Morris extended condolences to the families and requested a moment of silence in memory of Adrian Ramirez, a former City Water Department employee who retired after serving the City for 39 years and never taking a day of sick leave; Phyllis Hyer, who was active in the San Bernardino Assistance League, the Concert Association, and the Symphony Association; and Virginia Sitzman, who owned and operated Pictureland Custom Framing for the past 27 years and died after a courageous battle with cancer. 2. Appointment - James M. Smith - Historical Preservation Commission - Council Member Baxter 3 06/0412007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the appointment of James M. Smith to the Historical Preservation Commission, as requested. by Council Member/ Commissioner Baxter, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 3. Proclamations & Presentations Mayor/Chairman Morris presented Ambassador of Goodwill certificates to the following students who will be representing San Bernardino in our Sister City of Tachikawa, Japan: Dawn-Noel Becar, Cajon High School Diana Cao, San Gorgonio High School Kenny DuIock, Cajon High School Danielle and Michelle Fletcher, Cajon High School Council Member/Commissioner Estrada presented Certificates of Commendation to the following individuals who have helped with the Casa de San Bernardino Youth Program: Family of Juana Alvarado, Jason Collier, Gabriel Garcia, Henry Herrera, Jack Kennedy, Sarah Miggins, Gaby Nunez, Charlie Seymour, and Randy Stiplin. Not present, but also named, were Sandy Bonilla, Hugo Castellanos, Kisha Cox, Alicia Murillo, and Richard Thornburgh. Council Member/Commissioner Baxter presented a Citizen of the Month award to Deborah Matley in recognition of the extra time and effort she has contributed to the community through her leadership and involvement in the DMV Neighborhood Association and the Neighborhood Association Executive Committee. 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. In addition, Police Chief Billdt announced that his department had filled all of its vacancies (14 positions set forth in the combined hiring plan, 4 Office of Traffic Safety officers, 2 additional officers), which means that they are actually over-filled by two. 4 06/04/2007 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 6. Council Minutes Ayes: Derry , Council Members/ Kelley, Johnson, Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, 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: April 2, 2007 and April 30, 2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCanunack. Nays: None. Absent: None. 7. Claims & Payroll Ayes: Derry, Council Members/ Kelley, Johnson, Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated May 25, 2007, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 8. Personnel Actions Ayes: Derry , Council Members/ Kelley, Johnson, Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated May 30, 2007, 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. 5 06/04/2007 The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 9. ORD. MC-I247 - Ordinance of the City of San Bernardino amending Section 9.69 of the San Bernardino Municipal Code. FINAL READING Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance MC-1247 was adopted by the following vote: Members/Commissioners Estrada, Baxter, Brinker, Derry, McCammack. Nays: None. Absent: None. Ayes: Council Kelley, Johnson, 10. Resolution of the City of San Bernardino noticing a public hearing relative to the formation of Underground Utility District No. 34, generally located along portions of 3rd Street, between Waterman Avenue and a point 205 feet east of the centerline of Shirley Avenue, in the City of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of July 2, 2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 11. RES. 2007-171 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a Supplemental Agreement to the Overhead Agreement with Burlington Northern Santa Fe (BNSF) Railway Company and County of San Bernardino and the San Bernardino Associated Governments (SANBAG) for the University Parkway Grade Separation Project (CIP SS04-52). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-171 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6 06/04/2007 12. RES. 2007-172 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 18083, located on the southeast comer of Waterman Avenue and Industrial Road in the IL, Industrial Light land use district, and accepting the public dedications as set forth on said map. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-172 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2007-173 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to New West Signal for traffic signal at Mill Street and Doolittle Drive (TC06-0l), per Project Plan No. 11330, and authorization for the Director of Finance to amend the FY 2006/07 budget. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $25,000 from Account No. 250- 370-5504-7430 (TC04-21) "Highland Avenue and "E" Street Signal Upgrade" and $27,000 from Account No. 250-370-5504-7431 (TC04-16) "5'" Street and "F" Street Signal Upgrade" and $23,900 from Account No. 250-370-5504-7435 (TC04-20) "IS'" Street and "E" Street Traffic Signal" to Account No. 250-370- 5504-7656 (TC06-0I) "Mill Street and Doolittle Drive Traffic Signal; and that said resolution be adopted. The motion carried and Resolution No. 2007-173 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2007-182 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Hardy & Harper, Inc. for cuI-de- sac street improvements on 4th Street at Mt. Vernon Avenue (SS06-01), per Project Plan No. 11882, and authorization for the Director of Finance to amend the FY 2006/07 budget. Council Member/Commissioner Brinker questioned whether this was an appropriate use of School of the Month funds, since the Council was being asked to transfer $15,000 from the School of the Month account to this project. 7 06/04/2007 City Manager Wilson stated that this would be a discretionary action by the Council. Discussion ensued regarding projects normally covered by School of the Month funds-that they are normally small projects such as curb and sidewalk repairs, lights that are out, damage to stop signs, etc.-that other larger projects would be covered under the CIP. Council Member/Commissioner Johnson requested a report covering the last four years of School of the Month expenditures and the names of the schools where the funds were utilized. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $50,000 from Account No. 126- 369-5504-7322 (SS04-36) "E" Street Bus Stop Relocation" and $15,000 from Account No. 126-369-5504-7359 (SS-G) "School of the Month" to Account No. 126-369-5504-7581 (SS06-01) "4'" Street cul-de-sac at Mt. Vernon Avenue; and that said resolution be adopted. The motion carried and Resolution No. 2007-182 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. Resolutions authorizing and directing the execution of Funding and Mitigation Agreements - Verdemont Fire Station (Industrial Parkway, LLC; SP University, LLC; and Delgado Developers, Inc.) RES. 2007-174 - Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with SP University DC, LLC for that certain real property generally located on the northeasterly side of Industrial Parkway, southeasterly of Palm Avenue, relative to the Verdemont Fire Station Impact Mitigation Fees. (l5A) RES. 2007-175 - Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with Industrial Parkway, LLC for that certain real property generally located on the southwesterly side of Indnstrial Parkway, southeasterly of Palm Avenue, relative to the Verdemont Fire Station Impact Mitigation Fees. (15B) 8 06/04/2007 RES. 2007-176 - Resolution of the City of San Bernardino authorizing and directing the execution of a Funding and Mitigation Agreement with Delgado Developers, Inc., for that certain real property generally located on the easterly side of Olive Avenue, southerly of Belmont Avenue (Tentative Tract No. 17396), relative to the Verdemont Fire Station Impact Mitigation Fees. (ISC) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A-C, be adopted. Resolution Nos. 2007-174, 2007-175 and 2007-176 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. Item Deleted 17. RES. 2007-177 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract with and issuance of a purchase order, with four one-year renewal options, to NAES, dba Amtech Elevator Services for elevator and escalator maintenance service at City buildings in the City of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-177 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. Authorize the City Manager to execute Change Order No. One to the contract with JM Builders, Inc. for changes in the scope of work on Perris Hill Senior Center expansion Council Member/Commissioner Baxter asked whether this project was on schedule, and City Manager Wilson stated that he would have to verifY that information and get back with Mr. Baxter. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the City Manager be authorized to execute Change Order No. One to the contract with JM Builders, Inc., for changes in the scope of work at Perris HilI Senior Center Expansion in the amount of $12,821. 9 06/04/2007 The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 19. RES. 2007-183 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for Services with and issuance of a purchase order to LeMay Construction Co. for the Boys & Girls Club racquetball court renovations in the City of San Bernardino per RFQ F-07-28. Council Member/Commissioner Johnson stated that as a member of the Board of Directors of the Boys and Girls Club he would abstain on this item. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-183 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, McCarnmack. Nays: None. Abstentions: Council Member/Commissioner Johnson. Absent: None. 20. RES. 2007-178 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing the City Manager to execute a contract between the South Coast Air Quality Management District and the City of San Beruardino for the receipt of grant funds in the amount of $164,481 for the construction of the LNG/LCNG Fueling Station at the City Corporate Yard. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-178 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 21. RES. 2007-179 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting a Standard Agreement to be used for gaining the permission of parcel owners to enter their property for the purposes of conducting prescribed and/or structural training burns. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 10 06/04/2007 Resolution No. 2007-179 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Status report relative to Request for Proposals for Health Insurance City Attorney Penman advised that the Council had requested a report on health, property, and liability insurance, so they could discuss these matters. He stated that the staff report did talk about health insurance, and did mention property; however, there was no mention of liability. He pointed out that the staff report recommended that the bid process for property insurance be initiated during fiscal year 2007/2008, with implementation in July 2008. City Manager Wilson advised that what the staff report attempted to say was that staff would issue an RFP for health insurance, which would go out today. They were not recommending that they do this for property and liability because of the timeframe issues-that the City's renewals occur on July I, and staff is suggesting that an RFP be issued following this fiscal year for property and liability insurance. Council Member/Commissioner McCammack stated that she was concerned because the backup materials stated that staff would actually be mailing packets to only four different brokers. She stated that she could not imagine that there were only four brokers nationally that handle public sector health insurance services, so she was concerned as to why staff was mailing packets to only four potential bidders. City Manager Wilson stated that he believed these were the four major brokers for public agencies that were given to our Human Resources Department, but they are not the only four that will get the RFP-staff will mail it out to everyone that they can. He stated that these were the four that were identified, but that is not to say that the list could not be expanded to include others. Council Member/Commissioner McCammack stated that she believed it was prudent that the Council insist that the RFP go out to as many bidders as possible. Mayor/Chairman Morris verified that Ms. McCammack wanted the motion to include language stating that the packets would be distributed as broadly as possible. Ms. McCammack noted that there had also been discussion about property and liability insurance, and if the City's broker was aware that the City was going out for bid for property and liability, then maybe they would become more competitive on health insurance, since it is the same broker. She stated that she 11 06/04/2007 would also like the motion to state that staff intends to go out for bid for property and liability insurance also. Following additional discussion, it was agreed that the RFP for property and liability insurance would go out no later than September I, 2007. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner McCammack, that the report be received and filed; that the RFP for health insurance go out to as many bidders as possible; and that the RFP for property and liability be issued no later than September 1, 2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 23. RES. 2007-180 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a contract with the County of San Bernardino Department of Aging and Adult Services (DAAS) to receive funding in the amount of $259,129 to provide senior nutrition services for the period of July 1, 2007 through June 30, 2008. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2007-180 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Resolutions authorizing the City Manager to execute two lease agreements between the City of San Bernardino and Omnipoint Communications Inc. for two cell towers at Colony and Wildwood Parks. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Omnipoint Communications Inc. for the lease of three hundred and ten (310) square feet of land at Colony Park, 153 E. Harwick Drive. (24A) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Omnipoint Communications Inc. for the lease of one thousand square feet (1000) of land at Wildwood Park, 536 E. 40th Street. (24B) 12 06/04/2007 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to June 18, 2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker,- McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 25. RES. 2007-181 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement and purchase order to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010 B- 3 of the Municipal Code for the purchase of one (1) Vactor 2110 RCS Jet Rodder truck to be utilized by the Public Services Department Street Division Sewer Crew. Council Member/Commissioner Baxter made a motion, seconded by Council Member, Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/07 budget by transferring $401,000 from the unappropriated Sewer Line Maintenance Fund balance and transfer into Account No. 132-431-5701 Motor Vehicles. The motion carried and Resolution No. 2007-181 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Reclassify Code Compliance Officer I to Code Compliance Officer II Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council reclassify two (2) Code Compliance Officer I positions, Range 1384, $3,013- $3,663/month to Code Compliance Officer II, Range 1412, $3,465- $4,212/month; and that the Human Resources Department be directed to update Resolution No. 97-244. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 27. Reclassify Administrative Analyst I to Administrative Analyst II - Council Office Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council reclassify one (I) Administrative Analyst I position, Range 4442, $4,024- $4,893/month to Administrative Analyst II, Range 4461, $4,424-$5,378/month; 13 06/04/2007 and that the Director of Human Resources be authorized to update Resolution Nos. 97-244 and 6413. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 28. Deliberations regarding an increase to the Verdemont Infrastructure Fee City Manager Wilson advised that the current fee has been in place over 17 years and was put in place initially to fund infrastructure needs in the Verdemont area. He noted that the study that was done identified a series of capital improvements that are needed to facilitate development in the area, and that study recommends a new fee structure depending on where the home or business is located, ranging from $3,800 per unit to $16,000 per unit. He stated that because of the complexity of the fee and a related issue involving a loan made by the Agency and how that interrelates, he was suggesting that the matter be referred back to the Ways and Means Committee for further deliberation. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that staff be directed to prepare the appropriate ordinance to implement the increase to the Verdemont Infrastructure Fee; and that the matter be referred to the Ways and Means Committee for further deliberation. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. , Nays: None. Absent: Council Member/Commissioner Derry. 29. RES. 2007-184 - Resolution of the City of San Bernardino authorizing and directing execution of a License and Agreement with JKS-MarshaII Plaza LLC, a Delaware Limited Liability Company for encroachment of an overhanging fa~de and appurtenances in the right-of-way of a public alley located south of Second Street and west of "G" Street. (Continued from May 21, 2007) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2007-184 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 14 06/04/2007 30. An Ordinance of the City of San Bernardino amending San Bernardino Municipal Code Section 8.82.010 of Chapter 8.82 regarding recovery of expenses for extraordinary law enforcement services. FIRST READING Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said ordinance be laid over for fmal adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 31. Council review - proposed additional focus areas for possible expansion of the Operation Phoenix Neighborhood Initiative Jim Morris, Mayor's Chief of Staff, provided a detailed review of the staff report. He advised that in March 2007 officials from the City, County, and California State University San Bernardino had provided a status report to the Mayor and Council regarding the initial months of the Operation Phoenix crime- fighting strategy launched by the Mayor in June 2006. He stated that at the conclusion of the status report it was noted that the selection of the initial focus area had been driven by data collected from the Police Department, Code Compliance, County Social Services, and the school district; and it was recommended that any expansion of the program should follow a similar data driven process, thereby allowing the City to continue its collaboration with the schools and the County because the data would support their involvement in the additional focus areas. Mr. Morris added that they also noted that Operation Phoenix was not intended to be a "one size fits all" strategy, and that any additional focus areas or expanded focus areas should have tailored strategies to deal with the underlying problems that are contributing to the crime in that particular area. Therefore, for the past several months the Mayor's office has been working with City staff and County staff to review the crime data across the city and determine the areas which have the highest Part I crimes. They geographically mapped the Part I crime data based on precinct reporting data and individual crime locations. They also cross-referenced that information with County Social Service data; and had asked Code Compliance and Parks and Recreation to survey these areas to see if they concurred (which they did) that these were areas that need focused attention from those departments. Mr. Morris advised that as a result of that data, they identified five potential focus areas for the Operation Phoenix Neighborhood Initiative. He pointed out that they did not identify specific boundaries because they wanted to bring to the 15 06/04/2007 ---I Council a general opportunity to look at where the data was telling City and County staff that they need to be. He stated that if the Council agreed that they need to focus on these areas, they would then work with their partners to develop a series of strategies for these focus areas. He noted that the Council members had been given a map of the city that identifies and pinpoints, with one-mile radiuses, the general area where the concentration of the crime problem has been determined to be. That will then drive the strategizing that will take place by staff to develop the crime solving strategies that will be brought back to the Council for their review and approval. Police Chief Billdt identified the five additional focus areas with a high number of Part I crimes (murder, rape, robbery, aggravated assault, burglary, grand theft auto, theft) as follows: · Area 1 - Meridian A venue and Mill Street - large number of Part I crimes - mainly property crimes committed primarily by high school students · Area 2 - 16"' Street and California Street (California Gardens and Little Zion Manor) - fewer Part I crimes than Area 1; however, just on fringes of area there were four murders - one of two areas with highest concentration of murder - high gang activity · Area 3 - Sepulveda north of 40"' Street - 82 Part I crimes in the immediate area, but beyond the focus area, many individuals with lifestyles that contribute to nearby residents being prone to crime - area heavily invested in apartment houses · Area 4 - Del Rosa, Date, and Pumalo Streets - a total of 430 Part I crimes in the area - no murders, but high incidence of property crimes, robberies, and aggravated assaults - several County pockets in the area · Area 5 - Waterman and Base Line - a westward expansion of the current Operation Phoenix area - on the outside fringes of the current Phoenix area there have been four murders. Council Member/Commissioner McCanunack wanted residents to know that there is no place safe in San Bernardino for the kind of activity that is taking place in these focus areas; and even if they don't live within the focus circle, they are under the watchful eye of a large police presence. Council Member/Commissioner Estrada said that it was harder to understand the concept of focus areas with a one-mile radius versus a 20-block Operation Phoenix area, relative to determining current crime statistics. She noted that with these new focus areas they are talking in more general terms as opposed to more specific terms in the first Operation Phoenix, which makes it more difficult to understand whether they are being strategic, because in some of these areas there are actually some good neighborhoods and good blocks. 16 06/04/2007 Jim Morris explained that when they bring a set of strategies back to the Council, those strategies will be focusing on those problematic areas within the one-mile radius of the focus areas. Council Member/Commissioner McCarnmack thanked the Mayor for expanding the Operation Phoenix program, stating that the realization that Operation Phoenix is not "one size fits all" and that it will be customized with the areas we are dealing with, will go a long way in telling the folks in those areas that we will not tolerate crime. Council Member/Commissioner Johnson asked whether other areas of the City would experience reduced levels of police service as the City strategically targets these new focus areas. Chief Billdt pointed out that they have Problem Oriented Policing teams, as well as area detectives and supervisors in each of the district commands that will focus on the target areas. In addition, they will also use other centralized resources to focus on these areas. However, beyond that, they still have their Beat Plan and Crime Impact Teams, and one of the reasons it was nice to report that the department is two police officer positions overfilled is that the plan is coming together-the three-year plan to get their resources-and they have been using the Crime Impact Teams on overtime to fill in until they got these resources onboard. He stated that there can be a spillover of crime, but he did not think that crime would go up dramatically in other areas. He stated that he believed the Beat Plan and the Crime Impact Teams will focus on those areas based on the crime analysis information that they receive on an ongoing basis. Council Member/Commissioner Brinker noted that the five focus areas represent about one thousand Part I crimes in our City over the last 11 months. He noted that last year we had about 11,000 Part I crimes, so this is almost 10 percent of the city's crime in these five areas, which he believed was a pretty significant amount. He stated that when the team looks at the various data, that they will look at two areas. First, he hoped they would go to the school districts, both Rialto and San Bernardino, and ask them for a pinpoint map of where their habitually truant students live. The second data he would like the team to look at is graffiti, and talk to Los Padrinos and develop some sort of pinpoint map of where our graffiti calls are corning from. He stated that he believes there is a connection between quality of life crimes and Part I crimes, and although your average citizen hasn't been affected by the Part I crimes, they are affected by the graffiti and some of these other things; and often their sense of crime in the city is based on their perception of seeing things such as graffiti in their community. 17 06/04/2007 Council Member/Conunissioner Baxter asked if it was safe to say that a lot of these Part I crime areas go part and parcel with the graffiti and the truancy? Chief Billdt stated that each of these areas have specific underlying issues that cause crime to occur there. For example, in Focus Area I, which is Council Member Brinker's ward, much of the crime there is conunitted by truant students, so it makes sense to have a strategy there that involves truants. In Focus Area 2, there is an underlying gang culture and the violence that is the outcome of that, so it makes good sense to focus there based on the underlying crime issues. He advised that in every one of these areas they are going to come back, with the Council's approval, and develop strategies specific to those geographic areas. He stated that it will be general strategies because it would not be prudent to release publicly specific law enforcement strategies because we want to go out and arrest some of these people that are doing bad things in these neighborhoods. Council Member/Conunissioner Kelley stated that he wanted his residents to understand that just because there wasn't a focus area in the Fifth Ward, didn't necessarily mean that some of the crime problems that they have experienced haven't come from one of the focus areas-so the root of the problem is going to be addressed. He thanked staff for the fine presentation, noting that these lines are not ward specific-they are citywide and the issues would be addressed citywide. Council Member/Conunissioner Derry stated that with the demonstrated success of Operation Phoenix, he thought this was a good second step. He stated that he also thought it was important to include the original Operation Phoenix area in the 51b Focus Area because it still needs the support and resources, as well as the visibility of police and City and County staff to be successful ongoing. He stated that the people from the Wildwood Neighborhood Association have made staff very aware of the issues going on in that area, which is right next to Sierra Way and 401b Street; and as far as the north end of the city is concerned, it is probably the source of most of the crime in the north areas of both the Fourth and Fifth Wards. He stated that he felt the proposed plan would provide an excellent opportunity for us to truly drive crime down in the city. Tierney Harris, 2025 Sunrise Lane, San Bernardino, CA, stated that she was in total and complete support of the expansion of Operation Phoenix throughout the city, and that she looks forward to working to make her area safer and to offering any assistance she can to make things better for all in her neighborhood. 18 06/04/2007 Council Member/Commissioner McCammack asked whether the Mayor and Police Chief would be willing to accept input from the Council members regarding the use of nonprofits in the area that could help keep the kids where they need to be after school, for instance. She stated that some of the areas have some little known nonprofits that the Council members might know about that might be of some positive value-that maybe some could be funded with some extra CDBG monies. She stated that she thought this was a good opportunity to start involving the whole community and getting everybody to come out and raise their hand and say, "I'd like to help." She stated that she would be willing to offer any help or compensation or whatever to make each focus area work with whatever resources each one has. Jim Morris stated that should this motion be approved, they are going to be coming back to the Council with a set of recommendations, and the key to implementing these recommendations would be input regarding the assets they can leverage in those focus areas; therefore, any and all input is very much appreciated as they do that process. Also, in addition to the strategies, they will be bringing to the Council a budget, as implementation of the strategies will reguire some resources. He stated that their goal is to be as efficient and economical as possible and to leverage additional resources. That's why they are looking for partner agencies-nonprofits and other governmental agencies; and as they have done in the initial focus area, private resources from people of goodwill who see this as a good endeavor. He stated that they know they are taking a risk by suggesting that they look at five focus areas; and he couldn't tell the Council whether they will have the budget to do what we would love to do in all five areas. Hopefully, they will have enough to do something. He noted that if they had put the top ten focus areas before the Council, which they had initially started out with, there would be a focus area in every single ward throughout the city-several in some wards. He stated that it really boils down to a matter of resources-what can they afford to do at this point with our budget and how can they leverage resources from the community. He stated that the Police Chief had a comment about the Weed and Seed grant application which he has submitted and is another source that they are looking to for additional resources. Mayor/Chairman Morris stated that he had asked the Chief and his team to look for all available grants. He noted that they have been working with the federal government-that the attorney general has named us as one of the recipient cities for an ATF team that will arrive here this sununer to assist us, but we have also moved ahead with a major grant application on Weed and Seed that will come back to the Council. 19 06/04/2007 Chief Billdt explained that the Weed and Seed grant process had changed significantly this year, and they had to submit a letter of intent by May 31, which they have done. He stated that he believed the application would be due in August, and they would come back to the Council and go to committee and seek the Council's approval. The Chief noted that the grant would total one million dollars-that it was a good and important opportunity as they try to amass resources to address as many of the focus areas as possible. Council Member/Commissioner Johnson stated that he appreciated the way they had nailed it down to the five focus areas; however, he would like to see the top ten. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council approve in concept the five focus areas for expansion of the Operation Phoenix Neighborhood Initiative, and direct City staff to work with the County and school officials to bring back for Council review, recommended crime-fighting strategies for each focus area, including a draft budget for implementation of the strategies. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris, Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Calkins, Economic Development Agency Executive Director Pacheco and Special Counsel Sabo, City Clerk Clark. Absent: None. R32. Ordinances approving and adopting an Eminent Domain Program for all Redevelopment Project Areas 20 06/04/2007 Ordinance of the City of San Bernardino approving and adopting an Eminent Domain Program in compliance with the California Community Redevelopment Law for State College Redevelopment Project Area; Merged Central City/Meadowbrook Redevelopment Project Area; Central City North Redevelopment Project Area; Central City South Redevelopment Project Area; Central City East Redevelopment Project Area; Mt. Vernon Corridor Redevelopment Project Area; 40th Street Redevelopment Project Area; Central City West Redevelopment Project Area; Southeast Industrial Park Redevelopment Project Area; Northwest Redevelopment Project Area; Tri-City Redevelopment Project Area; and South Valle Redevelopment Project Area. FIRST READING (R32A) Ordinance of the City of San Bernardino approving and adopting an Eminent Domain Program in compliance with the California Community Redevelopment Law for Uptown Redevelopment Project Area. FIRST READING (R32B) Council Member/Commissioner McCamrnack advised that she would abstain on item R32B because she owns property in the area. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada. that said ordinance A, be laid over for final adoption. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCamrnack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance B, be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCamrnack. Absent: None. R33. Single-Family Beautification Loan/Grant and Homebuyer Education Programs with Neighborhood Housing Services of the Inland Empire, Inc.; Agency Homebuyer Assistance Program 21 06/04/2007 RES. CDC/2OO7-13 - 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 enter into a new 3-year HOME Agreement (2007-2010 HOME Funds), subject to annual funding availability, by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. ("NHSIE"). (R33A) RES. CDC/2007-14 - 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. 1 to the Agency's Single-Family Beautification Loan/Grant and Mobile Home Grant Programs Agreement by and between the Agency and Neighborhood Housing Services of the Inland Empire, Inc. ("NHSIE") dated February 7, 2005. (R33B) Council Member/Commissioner McCammack stated that she would abstain because Neighborhood Housing Services is a client. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the Community Development Commission of the City of San Bernardino approve a programmatic change to the Homebuyer Assistance Program increasing the amount of down payment assistance for eligible homebuyers, as deemed necessary by the Agency Executive Director; and that said resolutions A&B, be adopted. The motion carried and Resolution Nos. CDC/2007-13 and CDC/2007-14 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. R34. Redevelopment Cooperation Agreement with Inland Valley Development Agency; Owner Participation Agreement with ICO Real Estate Group (dba Perris Campus Plaza, LLC) and Findings of Fact related to Health and Safety Code Section 33445 (Tippecanoe Avenue - IVDA Redevelopment Project Area) 22 06/04/2007 RES. 2007-185 - Resolution of the Mayor and Common Council of the City of San Bernardino making certain fmdings and determinations and consenting to payments for public improvements by the Redevelopment Agency of the City of San Bernardino ("Agency") related to the property at 678 South Tippecanoe Avenue ("Site") pursuant to the 2007 Property Owner Participation Agreement by and between the Agency and Perris Campus Plaza, LLC Project (lVDA Redevelopment Project Area). (R34A) RES. CDC/2007-15 - 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 (1) a Redevelopment Cooperation Agreement by and between the Agency and Inland Valley Development Agency ("IVDA") and (2) a 2007 Property Owner Participation Agreement ("OPA") by and between the Agency and Perris Campns Plaza, LLC, Project for the development of 678 South Tippecanoe Avenue (the "Site") (lVDA Redevelopment Project Area). (R34B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions A&B, be adopted. Mayor and Common Council Resolution No. 2007-185 and Community Development Commission Resolution No. CDC/2007-15 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. PLANNING 35. Public hearing - Conditional Use Permit No. 06-24 (Appeal No. 07-02) - an appeal of a Planning Commission approval of additional antennas and equipment at an existing communication tower site, with a requirement to replace the existing non-stealth monopole tower with a mono pine - project site is located at 1093 West SU' Street in the CH, Commercial Heavy, land use district (Continued from May 21,2007) The hearing remained open. Henry Empeiio, Deputy City Attorney, advised that the Council had been given a copy of a memo dated June I, 2007, from Terri Rahhal, City PlannerlDeputy Director, memorializing a meeting that he attended along with the attorney for the appellant and the appellant's representatives last week. 23 06/04/2007 He stated that basically all parties had agreed that the conditions would be modified with deletion of the conditions requiring the monopine upgrade; and the addition of a condition requiring landscaping and that an irrigation system would be installed and maintained along with the landscaping. He stated that his recommendation would be that the Council approve the recommended form motion with the following language added to the end of the last sentence, "as stated in Terri Rahhal's memo to the Mayor and Council dated June 1,2007." No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; and that the Mayor and Common Council deny Appeal No. 07-02 and uphold the Planning Commission's approval of Conditional Use Permit No. 06-24, subject to revised conditions of approval, as stated in the memo to the Mayor and Common Council dated June I, 2007, from Terri Rahhal, Deputy Director/City Planner. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 36. Request the Fire Chief to compile appropriate documentation regarding potential fee waivers for non-profit senior citizen apartment complexes Council Member/Commissioner McCarnmack stated that she was requesting that her colleagues allow the City Manager and the Fire Chief to review the City's multi-family inspection fee program, since the fees themselves have become quite burdensome to the nonprofit senior citizen complexes-specifically those that have 80 percent or more senior occupancy. She stated that she was simply asking that the Council see if there is a way to either lower the fees on those particular complexes, as they do for other nonprofit organizations throughout the City, or maybe it would mean that they need to increase the fees for the noncompliant apartment complex owners. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Johnson, that the Fire Chief report back to the Council within 30 days with appropriate documentation, the financial impact of waiving these burdensome inspection fees for the first and follow-up inspections for non-profit apartment complexes housing 80% or more senior citizens. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 24 06/04/2007 37. Public Comments Debra Matley, 380 West 17" Street, San Bernardino, CA, announced that the next DMV Neighborhood Association meeting would be held Tuesday, June 5, at 6:30 p.m. at St. John's Episcopal Church, 1407 North Arrowhead. Also, on Saturday, June 9, the DMV Neighborhood Association is hosting a community beautification day from 8:00 a.m. to 11:30 a.m., also at St. John's. She stated that all trash would be accepted except hazardous material, and proof of residency would be required. The following individuals spoke regarding their concerns relative to County work/activity above 40" Street in the area of the Twin Creeks Flood Control Basin, which is creating dust, noise, street damage, etc.: Valerie Lichtman, 860 E. Bernard Way, San Bernardino, CA; Elliott Graham, 699 E. 40" Street, San Bernardino, CA, who also submitted a letter dated June 1, 2007, addressed to Supervisor Dennis Hansberger; Eli Jaffe, 795 E. Sonora, San Bernardino, CA; Linda Daniels, 800 E. Marshall Boulevard, San Bernardino, CA. Mayor/Chairman Morris advised that he had spoken with City Attorney Penman regarding this issue and had called Supervisor Hansberger's office; however, Mr. Hansberger was on vacation. He stated that it is important to expeditiously get a handle on the problem, that the best recourse would be a political solution, and that it is important to get the policymakers together and find a resolution to the problem. 38. Adjournment At 5:50 p.m., the meeting adjourned to 4:30 p.m., on Thursday, June 7, 2007, in the Economic Development Agency Boardroom, 201 North "E" Street, for budget deliberations. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 18, 2007, in the Council Chambers of City Hall; 300 North "D" Street, San Bernardino, California. By: RACHEL G. CLARK l/)' J City Clerk ~~.W Linda E. Hartzel Deputy City Clerk No. of Items: 38 No. of Hours: 4.5 25 06/04/2007