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HomeMy WebLinkAbout06-Council Minutes CITY OF SAN BERNARDINO 300 N. "D n Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palrit:k J. Morris Coundl Membe,.: Esther Estrada Dennis J. BOXIer Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCommtJck ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 4, 2008 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 1:39 p.m., Monday, February 4, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RoD 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, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commi"Sioner Kelley Arrived At 1:42 p.m., Council Membet/Commissioner Kelley arrived at the Council/Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Jaime Alvarez, et al. v. City of San Bernardino - United States District Court Case No. CV 00-3048; 02/04/2008 RDA v. Alvarez - San Bernardino Superior Court Case No. SCVSS 86091 ; People v. Manta Mana2ement Corp. - San Bernardino Superior Court Case No. SCVSS 117285; People v. Manta Mana2ement Corp. - San Bernardino Superior Court Case No. SCV 18157; In the matter of the disability retirement application of Garrett Zimmon; Richard "Scott" Moss, et aI. v. City of San Bernardino, San Bernardino Fire Department, et aI. - United States District Court Case No. ED CV 07-01027 SGL (OPX); Jonneshia Reese, et aI. v. City of San Bernardino, et al. - United States District Court Case No. CV 05-01045 JWJ United States Court of Appeals Docket No. 08-55102. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. 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 Redevelopment Project Area 1. Property Address: Northwest corner of 4th and "G" Streets APNs: 0134-093-19, 20 and 43, and 0134-093-45 2 02/04/2008 NeJ;totiatinJ;t Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as owner, and TELACU Housing- San Bernardino V. Inc., as buyer Under NeJ;totiation: Purchase price, terms, and conditions Assistant City Attorney Easland announced that the following additional items would be discussed in closed session: Under Agenda Item lA, Existing Litigation: In the matter of the disability retirement application of Garrett Zimmon, Case No. OAH 2007080890; Under Agenda Item No. IB, Significant Exposure to Litigation: Agenda Item No. 29; In the matter of Gina Meyer; and The City's Memorandum of Understanding with the Water Department. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor Morris extended condolences to the family and requested a moment of silence in memory of Wilbur Brown, longtime City resident and community leader who was one of the founders of the Westside Action Group (also known as WAG), founder of the Black Athletes Hall of Fame, and one of the founders of the Black Culture Foundation. InvocationIPledge of Allegiance The invocation was given by Reverend Fred Adams of the Rock Church & World Outreach Center, followed by the pledge of allegiance, led by Councilman Neil Derry. 2. Appointments A. Appointment - Luis Nolasco - Youth Advisory Commission - Rialto High School Appointee - Mayor Morris B. Re-appointment - Warren Cocke - Board of Water Commissioners - Mayor Morris 3 02/04/2008 C. Appoinnnent - Ms. Johnnie Ann Ralph - Historical Preservation Commission - Council Member Brinker D. Appoinnnent - Ralunan Bell - Youth Advisory Commission - Council Member Johnson Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the appoinnnents and re-appoinnnent A-D, as requested by Mayor Morris, Council Members Brinker and Johnson, 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. Presentations Mayor Morris presented a Resolution of Commendation to retired Police Chief Warren Cocke in acknowledgment of his contributions as a commissioner on the Board of Water Commissioners and his many years of dedicated service to the City. Mayor Morris presented a Resolution of Commendation to Ken Durr on the occasion of his retirement after ten years of dedicated service as a Planning Commissioner. Mayor Morris introduced Kari Jenkins as the newly appointed Director of Housing for the Economic Development Agency. Ricky Piercy, President and CEO of the Lewis Center for Educational Research, and Robert Barksdale, founding Principal of the Norton Space and Aeronautics Academy, spoke about the Norton Space and Aeronautics Academy. He stated that this new charter school will open in September 2008, and is located at Central and Waterman in the City of San Bernardino. Tracylyn Sharrit, President of the San Bernardino Sunset Rotary Club, stated that they received a Community Opportunity Grant for $7,000 from Rotary District 5330 to fund a project called "Cleaner and Safer Communities." She stated that the Sunset Rotary Club partnered with Los Padrinos and the newly opened Lowe's located on Hallmark Parkway, and have identified four areas of blight as their project sites. Councilman Rikke Johnson presented a Resolution of Commendation to Kimberly Benton, 20 year old daughter of Michael and Denise Benton, in honor of being selected Miss Black San Bernardino 2008. 4 02/04/2008 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 Baxter made a motion, seconded by Council Member/Commissioner Estrada, 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, Johnson, McCammack. Nays: None. Absent: None. 6. Conncll Minutes Council Member/Commissioner Baxter 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 of the City of San Bernardino be approved as submitted in typewritten form: November 26,2007. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated January 14, 2008, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 02/04/2008 8. Personnel Actions Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions, as submitted by the Chief Examiner, dated February I, 2008 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. 9. RES. 2008-36 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the hiring of Arias & Lockwood to represent the City and any designated employee regarding the case entitled Jane Batey, Dan Batey v. City of San Bernardino, et al., Superior Coul1 Case No. SCVSS 141503. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-36 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2008-37 - Resolution of the Mayor and Common Council of the City of San Bernardino amending the local cable franchise agreement with Stubblefield Construction dba Mountain Shadows Cable TV System and ratifying aU action prior to January 2, 2008. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-37 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Authorization for the Director of Development Services to execute Contract Change Order No. One to the contract with Roadway Engineering & Contracting, Inc. for storm drain and street improvements on Belmont Avenue, west of Little League Drive (SD-B), per Project Plan No. 11528 6 02/04/2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $49,000 from Account No. 129- 367-5504-7156 (SS-C) "Street Safety Improvements at Various Locations" to Account No. 129-367-5504-7166 (SO-B) "Box Culvert Repairs," and transferring $36,000 from Account No. 248-368-5504-7260 (SD04-07) "B.aseline Street Storm Drain" to Account No. 248-368-5504-7166 (SO-B) "Box Culvert Repairs"; and that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One in the amount of $9,950 to a contract with Roadway Engineering & Contracting, Inc. for storm drain and street improvements on Beimont Avenue, west of Little League Drive (SO-B), per Project Plan No. 11528. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2008-38 - Resolution authorizing the City of San Bernardino to submit projects and commit funding for FY 2008/2009-2013/2014 Regional Transportation Improvement Program (RTIP). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-38 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCanunack. Nays: None. Absent: None. 13. RES. 2008-39 - Resolution of the City of San Bernardino establishing fair market value of certain real property located on Boyd Street, north of Cluster Street, commonly known as Assessor's Parcel Number 0136-051-45, relative to the expansion of the City Yards, authorizing said purchase and authorizing and directing the execution of a sales and purchase agreement. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada. that the Director of Deve!opment Services be authorized to proceed with the acquisition of that certain real property located on Boyd Street, north of Cluster Street, and do all things necessary to conclude said acquisition; that the Director of Finance be authorized to amend the FY 2007/08 adopted budget and appropriate $102,100 from the Sewer Fund unallocated fund balance to Account No. 132-431-5720 (Land Purchase); and that said resolution be adopted. 7 02/04/2008 The motion carried and Resolution No. 2008-39 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2008-40 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Parcel Map No. 17987, located on the east side of Waterman Avenue and 900 feet south of Mill Street in the Office Industrial Park (OIP), and Industrial Light (lL) Land Use Districts, and accepting the public dedications as set forth on said map. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-40 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. Report to the Mayor and Common Council on Councilwoman McCammack's attendance at the League of California Cities Housing, Community and Economic Development Policy Committee as well as the Revenue and Taxation Policy Committee Meetings in Sacramento Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of February 19, 2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2008-41 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a revised consultant services agreement with Accela Inc. for the purchase of software for the automation of development processes; and amending Resolution 2008-1. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-41 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 02/04/2008 17. RES. 2008-42 - 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 Motorola in the amount of $43,599.39 and GTSI Corp. in the amount of $46,915.72 for communication equipment. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-42 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2008-43 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the purchase of 12 Panasonic Mobile Data Computer (MDC) devices from GTSI Corporation. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-43 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. Resolutions authorizing execution of an agreement and issuance of a purchase order to Time Warner Cable for direct internet service and conf"mning the .automatic rescission of the authorizations granted by Resolution 2007-347 RES. 2008-44 - Resolution of the Mayor and Common Council of the City of San Bernardino confirming the automatic rescission of the authorizations granted by Resolution 2007-347. (19A) RES. 2008-45 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Time Warner Cable for direct internet service. (19B) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions A&B, be adopted. Resolution Nos: 2008-44 and 2008-45 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 02/04/2008 20. Annual report of the Bicentennial Ad Hoc Committee Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said report be 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. 21. RES. 2008-46 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing a three-month extension of contracts and the issuance of purchase orders to Golden West Landscape Contractor for the landscape maintenance of Assessment District Areas "A", "B", "C", "G", and "H", and ratifying any action taken between February 1, 2008, and the date that this resolution is adopted. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-46 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2008-47 - Resolution of the Mayor and Common Council of the City of San Beruardino authorizing the execution of an agreement for the San Bernardino Community College District to use the City of San Beruardino Police Department's Firing Range. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-47 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Authorize the Director of Finance to amend the FY 2007/08 Budget in order to fully fund contract street repairs Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Finance be authorized to amend the FY 2007/08 budget by transferring $90,000 from Account No. 135- 378-5504-7686 (Sierra Way Pavement Rehabilitation) into Account No. 135-378- 5504-7362 (Residential Street Repair). 10 02/04/2008 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2008-48 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and increase to Contract Purchase Order Number 08-070 by an additional $75,000 to Applied LNG Technologies pursuant to Section 3.04.010 B-3, of the Municipal Code for the purchase of LNG fuel. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-48 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, ~elley, Johnson, McCammack. Nays: None.. Absent: None. 25. An ordiuance of the City of San Bernardino amending Sections 6.04.020, 6.08.145, 6.08,220 and 6.09.020 to Title 6 of the San Bernardino Municipal Code relating to animals. FIRST READING Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, 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. . 26. RES. 2008-49 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute the Memorandum of Understanding between the County of San Bernardino and the City of San Bernardino for the Operation Phoenix Eastern Area. (Continued from January 22, 2008) Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2008-49 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Ba.xter, Brinker, Derry, Kelley,>Johnson, McCammack. Nays: None. Absent: None. 27. RES. 2008-50 - Resolution of the Mayor and Common Council of the City of San Bernardino supporting the San Bernardino County Homeless Partnership. 11 02/04/2008 Marci Atkins, Homeless Advocate Officer for the City of San Bernardino Police Department, provided a PowerPoint presentation on the San Bernardino Police Department's Homeless Advocacy Program, which was designed two years ago to address chronic law enforcement issues related to individuals who are homeless and/or mentally ill. Isaac Jackson, Homeless Services Coordinator for the County of San Bernardino, stated that according to the 2007 point-in-time count and survey, homelessness in the County is growing, and a comprehensive, collaborative, and well-thought-out plan is needed to address the problems. He stated that Supervisor Josie Gonzales requested a call to action to develop a County-wide public and private partnership to coordinate services and resources to end homelessness in San Bernardino County. A task force composed of Supervisor Gonzales, one of her field representatives, a staff member from the City of San Bernardino, the Director of Behavioral Health, a member of the County administrative office, and Community Action Partnership was charged with looking at the existing homeless coalition and assessing the current operations of that organization. He stated that their work produced a new, stronger organization and an operational framework for the new San Bernardino County Homeless Partnership. Mr. Jackson stated that the mission of the San Bernardino County Homeless Partnership is to provide a system of care network that is inclusive, well planned, coordinated, evaluated and accessible to all who are homeless or are at risk of becoming homeless. Mr. Jackson stated that their goal today and throughout the next few weeks was to get cities to support the partnership through a resolution. He stated that they have two major goals. He stated that they completed their first goal of conducting a Homeless Summit in 2007, and their second goal was to develop a ten-year plan to end chronic homelessness. Mr. Jackson stated that a draft of their ten-year plan was due to be released in December 2008. He noted that they received a $7.3 million HUD grant that will be used to address homelessness throughout the County . Council Member/Commissioner Derry stated that they were being asked to pass a resolution to support something without a definition of what the concept is or where it's going. He stated that he did not want the services to be provided here in San Bernardino because most of the County Government social services are provided here. Mayor/Chairman Morris stated that since the 2003 point-in-time survey, the homeless population has increased County-wide by 25 percent. He stated that the County of Riverside adopted an aggressive plan to deal with the issue and their homeless population in that same time period decreased by a similar number because they dealt with it in a County-wide, holistic way. He stated that the City is in need of that kind of planning and this would simply be a commitment to 12 02/04/2008 work together with all the other cities, the County, the non-profits, the churches, and with the police departments in a way that would create an inclusive, well planned, coordinated and evaluated care network. Council Member/Commissioner Kelley was concerned that the consultant would be the only one to benefit from this plan, and they would never be able to fix the problem. Council Member/Commissioner Johnson stated that because San Bernardino is the largest City in the County, he felt it was incumbent upon them to take the lead in the process of dealing with homelessness. Council Member/Commissioner McCammack stated that the City's noise ordinance and the moratorium on nuisance businesses are not being enforced, which contributes to the homeless problem. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-50 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Johnson. Nays: Council Members/Commissioners Derry, Kelley, McCammack. Absent: None. COMMUNITY DEVELOPMENT COMMISSION R28. Designate Agency Check Signers and Appoint Secretary of the Commission RES. CDC/2008-S - Resolution of the Community Development Commission of the City of San Bernardino, California, designating check signers and countersigners for the Redevelopment Agency of the City of San Bernardino and/or the City of San Bernardino Economic Development Agency checks and wire transfers, and repealing Resolution No. CDC/2006-46. (R28A) RES. CDC/2008-6 - Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the appointment of Emil A. Marzullo as Secretary of the Commission and authorizing the reconf"mnation of Don Gee as Assistant Secretary of the Commission, and repealing Resolution No. CDC/2006-47. (R28B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolutions A&B, be adopted. Resolution Nos. CDC/2008-5 and CDC/2008-6 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13 02/04/2008 PLANNING 29. Public hearing - Conditional Use Permit No. 07-28 (Appeal No. 07-06) - An appeal of the Planning Commission's approval of a telecommunications facility and associated equipment on a site located on the north side of Baseline Street, approximately 245 feet east of Pennsylvania Avenue, in the CG-l, Commercial General, land use district Mayor/Chairman Morris opened the hearing. Terri Rahhal, Deputy Director/City Planner, stated that this project site is unique in its configuration in that it is 50 feet wide and over 400 feet deep. She stated that there are currently two existing monopalm facilities on the site and another was recently approved. She stated that the current proposal would add a fourth monopalm to the existing compound, and that this project would include completion of a decorative perimeter wall around the entire compound and additional landscaping that would result in a total of nine live palm trees and other existing trees to camouflage the four monopalms. Ms. Rahhal stated that at the Planning Commission hearing there were two individuals who spoke in opposition to the project and they cited their concerns about the potential impact of the radio frequency (RF) emissions on public health. At that hearing, the Deputy City Attorney advised the Planning Commission and the citizens of the Federal Telecommunications Act of 1996, which prohibits local governments from considering the environmental effects of RF emissions in their decisions for telecommunications facilities. Given that information, the Planning Commission unanimously approved Conditional Use Permit No. 07-28 as recommended in the staff report, and based on the findings in the Development Code. Ms. Rahhal stated that the appellant then filed an appeal and submitted the supporting documents that were contained in the backup materials that speak primarily to the issue of the environmental effects of RF emissions. Based on the information that was considered by the Planning Commission and the stated purpose of the appeal, Ms. Rahhal stated that staff was recommending that the Mayor and Common Council deny Appeal No. 07-06 and uphold the action of the Planning Commission to approve Conditional Use Permit No. 07-28, based on the Findings of Fact contained in the Planning Commission staff report, and subject to the Conditions of Approval and Standard Requirements attached to the staff report . Council Member/Commissioner Johnson stated that he was concerned with the clustering of these trees in a residential neighborhood, and he felt that this issue should be discussed further by the Legislative Review Committee. 14 02/04/2008 Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony. Father Patrick S. Guillen, 2002 S. Magnolia, Ontario, CA, requested that a moratorium be placed on this project until a more thorough environmental impact study is done. The following individuals spoke in opposition to the project: Ovidio Granados, 1225 Pennsylvania, San Bernardino, CA; Daniel F. Morales, 18961 Mandina Avenue, Riverside, CA; Teresa Quintero, 1865 W. 13th Street, San Bernardino, CA; Lorenzo Pelayo, 1880 W. 13th Street, San Bernardino, CA; Ofelia M. Torres, 1895 W. 13th Street, San Bernardino, CA; Elsa Pelayo, 1880 W. 13th Street, San Bernardino, CA; Yolanda M. Rivero, Concerned Neighbors Committee, 753 W. Evans, No. 18, San Bernardino, CA. Lucia Ortega, Agent for Team Mobile, 9431 Haven Avenue, Suite 222, Rancho Cucamonga, CA, addressed some of the concerns raised by the citizens such as the height of the monopalms, noise, falling palms, and the need for additional cellular service. She stated that they reviewed several site locations and they determined that this site was the best location for their needs. Council Member/Commissioner Estrada requested staff to bring back a map showing the location of every cell tower site in the City. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that the Mayor and Common Council uphold Appeal No. 07-06, and that staff be directed to prepare and bring back findings of fact for denial of Conditional Use Permit No. 07-28 to the Council meeting of February 19,2008. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Kelley, Johnson, McCammack. Nays: Council Members/Commissioners Baxter, Brinker, Derry. Absent: None. 30. Public Comments Betty Jean Long, 1541 N. "G" Street, San Bernardino, CA, spoke about the homeless situation. 15 02/04/2008 31. Adjournment At 6:24 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Tuesday, February 19, 2008, in the Council Chambers, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk B~ .;J.:JJIaAi,d ;> Linda Sutherland Deputy City Clerk No.ofItems: 31 No. of Hours; 5 16 02/04/2008 CITY OF SAN BERNARDINO 300 N. "D n Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor PoIrick J. Morris Coum:il Memben: Esther EstradiJ Dennis J. Boxter Tobin Brinker Neil Derry Chos Kelley Rik1ce Van Johnson Wendy McCammock MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING FEBRUARY 19, 2008 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 1:38 p.m., Tuesday, February 19, 2008, in the Council Chambers of City Hall, 300 North "Dn 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, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Members/Commissioners Brinker, Kelley. Council Member/Commissioner Kelley Arrived At 1 :42 p.m., Council Member/Commissioner Kelley arrived at the Council/ Commission meeting. Council Member/Commissioner Brinker Arrived At 2:36 p.m., Council Member/Commissioner Brinker arrived at the Council! Commission meeting. 1. Closed Session A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): 1 02/19/2008 Jaime Alvarez, et aI. v. City of San Bernardino - United States District Court Case No. CV 00-3048; RDA v. Alvarez - San Bernardino Superior Court Case No. SCVSS 86091 ; People v. Manta Mana~ement Corp. - San Bernardino Superior Court Case No. SCVSS 117285; People v. Manta Mana~ement Corp. - San Bernardino Superior Court Case No. SCV 18157; City of Bannin~, et aI. v. James Jones Company, et aI. - Los Angeles Superior Court Case No. BC 321513. 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. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: Los Angeles Times v. Commission on Peace Officer Standards and Training - Sacramento County Superior Court Case No. 03CS01077 D. Closed Session - personnel - pursuant to Government Code Section 54957: Employee Contract Fire Chief 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: 1. Property Address: 1208 N. "H" Street APN: 0145-221-09 2 02/19/2008 Ne~otiatin~ Parties: Keith Williams, Acquisition Agent, on behalf of Caltrans, as buyer and Fred Wilson, City Manager, on behalf of the City of San Bernardino Under Ne~otiation: Purchase price, terms and conditions 2. Property Address: Vacant Lot APN: 0147-191-12 Ne~otiatin~ Parties: Fred Wilson, City Manager, on behalf of the City of San Bernardino, and Gerald Crowther on behalf of Grand Central Enterprises, Inc., property owners Under Ne~otiation: Purchase price, terms and conditions Central City Redevelopment Project Area 3. Property Address: Northwest corner of 4'" and "G" Streets APNs: 0134-093-19,20 and 43, and 0134- 093-45 N e~otiatin~ Parties: Emil A. Marzullo, Interim Executive Director, on behalf of the Redevelopment Agency, as owner, and TELACU Housing - San Bernardino V, Inc., as buyer Under Ne~otiation: Purchase price, terms, and conditions City Attorney Penman advised that the following additional items would be discussed in closed session: Under Agenda Item No. lB, Significant Exposure to Litigation: In the matter of Gina Meyer; and Arrowhead Country Club Neighbors v. City. Under Agenda Item No. lC, Initiation of Litigation: City v. Arrowhead Country Club 3 02/19/2008 Closed Session Announcement City Clerk Clark announced that during closed session Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Baxter, to approve an amendment to the employment agreement with Fire Chief Michael Conrad. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Brinker. 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. Moment of Silence Mayor Morris extended condolences to the families and requested a moment of silence in memory of Randal Simmons, who was born in San Bernardino and was the Los Angeles Police Department's first SWAT officer to die in the line of duty since the unit was formed in 1967; and Thomas C. Boyle, who served as a former Director of Little League Western Regional Headquarters for 14 years. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo, followed by the pledge of allegiance, led by Annette Philpott, a student at Ramona Alessandro School. 2. Appointment - Rev. Bronica Martindale - Measure "Z" Citizens Oversight Committee - Council Member Johnson Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the appointment of Rev. Bronica Martindale to the Measure "Z" Citizens Oversight Committee, as requested by Council Member/Commissioner Johnson, 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 Council Member/Commissioner Baxter presented the Citizen of the Month award to Kathleen Ray in recognition of her outstanding contributions to the citizens of San Bernardino, particularly through the many programs at her church. 4 02/19/2008 Council Member/Commissioner Estrada presented the first Student of the Month award to Brittany Wilkerson, Associated Student Body President at Sierra High School, who will graduate in June. 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 Lakyshia Darby Michael Alder Howard Beunett Douglas Dupree Robert Sheridan Stephen Barilics Bryan Lentz Ricardo Tomboc Donald Johnson Department Facilities Management Fire Fire Fire Fire Police Police Police Public Services 4. Announcements Years of Service 5 25 30 10 5 35 15 25 20 Aunouncements 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 Fun Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions 3Ild 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, McCanunack. Nays: None. Absent: None. 6. Council Minutes Ayes: Derry , Council Members/ Kelley, Johnson, Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: December 17,2007; January 7,2008; and January 22,2008. 5 02/19/2008 The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Ayes: Derry , Council Members/ Kelley, Johnson, Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated February I, 2008, 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 Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the persounel actions, as submitted by the Interim Chief Examiner, dated January 13, 2008 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: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 9. OR>>. MC-I264 - An ordinance of the City of San Bernardino amending Sections 6.04.020, 6.08.145, 6.08.220 and 6.09.020 to Title 6 of the San Bernardino Municipal Code relating to anim..I~. FINAL READING Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1264 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2008-60 - Resolution of the City of San Bernardino approving Amendment No. 2 to Agreement for Professional Services with TY Lin International for the preparation of a project study report/project report for the University ParkwaylInterstate 215 Interchange Loop entrance ramp project (SS04-19). 6 02/19/2008 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-60 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. Resolutions awarding contracts to Weka, Inc. for construction of sewer force main and Colton lift station improvements at Inland Center Drive and sewer main and sewer encasements at Mill Street and relocation of sewer force main near Inland Center Mall east of Ring Road and south of Inland Center Drive - Plan Nos. 12350 and 12086 RES. 2008-51 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Weka, Inc. for the construction of sewer force main and Colton Lift Station improvements at Inland Center Drive and sewer main and sewer main encasements at Mill Street (SW08- 08), per Project Plan No. 12350. (l1A) RES. 2008-52 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Weka, Inc. for the relocation of sewer force main near Inland Center Mall east of Ring Road south of Inland Center Drive (SW08-08), per Project Plan No. 12086. (lIB) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolutions A&B, be adopted; and that the Director of Finance be authorized to amend the Fiscal Year 2007/08 budget to increase the project expenditure Account No. 242-362-5504-7747 by $1,363,500 and to make a corresponding increase in revenue resulting from the future Caltrans reimbursement of project expenses. The motion carried and Resolution Nos. 2008-51 and 2008-52 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. Receive and File - FY 2006-2007 Year End Report - Development Impact Fee Funds Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council receive and file the Fiscal Year 2006-2007 Year End Report for the Development Impact Fee Funds. 7 02/19/2008 The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 13. RES. 2008-53 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the 2008 Rolf H. Jensen Memorial Public Education Grant application to the National Fire Protection Association in the amount of $5,000, Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-53 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2008-54 - Resolution of the City of San Bernardino authorizing the execution of an agreement with Corvel to provide utiIization review services for the City's Workers' Compensation Program. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-54 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a grant application to the David and Lucille Packard Foundation, and authorizing the City Manager or his designee to execute Grant documents. City Attorney Penman advised that there were some corrections that needed to be made to the resolution and that staff was requesting a continuance of this item until the next Council meeting. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council/Commission meeting of March 3, 2008. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 8 02/19/2008 16. RES. 2008-61 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Vendor Service Agreement and issuance of a purchase order to JMS Electric, Inc. for the purchase and installation of field lighting at Jerry Burnell Field - Civitan Little League. Joe Ortiz, 387 West 25"' Street, San Bernardino, CA, stated that when he saw this item on the agenda it made him wonder why two of the historical light poles within the Campo Santo Memorial Park are not the responsibility of the Parks Department, yet $88,000 in lighting services are being assessed to the Parks Fund for lights and electrical services for another park. He stated that since April 2007, the bases of two of the light poles at the historical park have had exposed electrical wiring, but at a recent meeting he had with Parks personnel he found out that the Parks Department is not responsible for these lights. He stated that as of today, these base covers were still missing, the electrical wires were still exposed, and he would estimate the cost of repairing them at about $5 for materials and maybe 30 minutes of time to fabricate and install these two base covers. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCarnmack, that said resolution be adopted. Resolution No. 2008-61 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 17. RES. 2008-55 - Resolution of the City of San Bernardino increasing P.O. #208267, to an amount not to exceed $628,800, to cover the budgeted costs of an existing 21h year contract between the City of San Bernardino and California Aviation Services, Inc. for helicopter patrol services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-55 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 18. RES. 2008-56 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a Seatbelt Mini-Grant application by the Police Department to the California Office of Traffic Safety / DC Berkeley Traffic Safety Center in the amount of $32,405.00, and authorizing the Police Department to lIr1mini~ter the grant funds, if awarded, in accordance with the grant expenditure plan. 9 02/19/2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-56 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2008-57 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the Third Amendment to the Waste Delivery Agreement between the County of San Bernardino and the City of San Bernardino. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-57 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2008-58 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Redlands Auto Center pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of one right hand drive Jeep Wrangler, to be utilized by the Facilities Department Parking Control Division. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-58 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2008-59 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the application for Waste Tire Enforcement Grant Funds from the California Integrated Waste Management Board. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2008-59 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 02/19/2008 22. Receive and me - Annual Audit of Water Department's Water and Sewer Utilities for the fIScal year ending June 30, 2007. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council receive and file the Annual Audit of the Water Department's Water and Sewer Utilities for the fiscal year ending June 30,2007. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 23. Authorize funding for one-time set-up costs and annual maintenance of a citywide Mobile Library Unit from the FY 2008/09 budget City Manager Wilson stated that his only concern regarding this program was not so much about the program itself, but the issue of funding-that in light of the budget uncertainties that confront the City at this time, it would be his recommendation to hold off on the funding and possibly bring it up as part of the mid-year budget, or as part of the fiscal year 2008/09 budget. Ophelia Roop, Library Director, provided an overview of the staff report. The following individuals spoke in support of a citywide mobile library unit: Edgar Keller, 341, Puritan Place, Redlands, CA, formerly of San Bernardino; Maureen Godfrey, 3256 Parkside, San Bernardino, CA, President of the Library Foundation; Martha Pinckney, 3924 Croydon Street, Highland, CA, member of the Library Foundation; Dr. Dorothy Garcia, 3660 N. Juniper, San Bernardino, CA, member of the Library Foundation. Council Member/Commissioner Kelley stated that this was a much needed and innovative way to provide services to all of the residents in the city. He stated that he could not think of any other program that the Council could do that would provide services citywide for this nominal investment, and urged his colleagues to support this project. Council Member/Commissioner Estrada stated that she thought this was a very worthwhile project that deserved serious consideration by this Council. She noted that it might have been more appropriate for the item to have gone through the Ways and Means Committee, as a matter of protocol in terms of having the Ways and Means Committee evaluate the proposed expenditure. She also suggested that maybe it was time for the Council to consider some MOUs 11 02/19/2008 or agreements with the local schools to lease or use rooms where small libraries could be set up throughout the community. Council Member/Commissioner Baxter agreed that the project would involve a "chunk of change"; however, he thought it was a bullet the Council needed to bite and he supported it 100 percent. Council Member/Commissioner Brinker noted that the libraries we have now are not being utilized to their full extent, and we have to begin to ask the question, "What can we do to fully utilize all these books that we have-how can we get them in the hands of the people who need them." He stated that he really liked the idea and he was going to vote for this today. He also acknowledged the current budget constraints, stating that over the next four months the Council needed to come back to the table with some very serious discussion about where the money was going to come from, whether it be fundraisers, agreements with other public and/or private entities, or actual budget cuts from other areas. Council Member/Commissioner McCammack stated that she looked at this as a grant that needed some matching funds, and the Council had to decide to accept it or reject it, just as they do other grants. She stated that she didn't believe that everything is decided on the premise of "what we'll accept versus what we will cut" -that it never works that way because if the political will is there to fund something, the Council will fund it; and they very rarely cut something else in order to do so. Insofar as funding sources were concerned, she suggested partnering with corporate sponsors and/or the school districts, asking for help from politicians with extra money in their "war chests", and looking at CDBG funding for the start-up funds. She also noted that the Housing Authority partners right now with agencies to fund after-school programs, and that this project was a perfect adjunct to an after-school program. She stated that if the Council approved the project today, her suggestion would be to send it back to Ways and Means to figure out how to fund it on an ongoing basis. Council Member/Commissioner Derry pointed out that the Ways and Means Committee no longer has much budget control-that budget decisions go to the ad hoc committee, which is completely separate. Regarding funding, he noted that the numbers he had heard from Mr. Wilson on our sales tax revenue were not real encouraging, and part of the reason for that is that residents don't feel it is necessary to spend their money in the city because they don't feel that they are receiving the services that they are paying for. He stated that he thought this was an opportunity for the Council to allay some of those fears and to show that they understand those feelings by using some of those tax dollars for this project which will serve residents citywide. Council Member/Commissioner Johnson stated that talking about a mobile library in San Bernardino was truly unheard of and very exciting-that both the 12 02/19/2008 Library budget and the Parks and Recreation budget have been flat-lined over the years, with not much attention paid to those people that utilize these types of services. He pointed out that it provides the Council with an opportunity to look at how they can work to improve in those areas. For instance, they are talking about recreation centers, and those are potential library sites; schools are being built in our community, and those are also potential new library sites-so we have to look at partnerships for our future. He stated that he was going to vote for this item; however, he didn't think it went through the proper channels-that it should have gone through the Ways and Means Committee. Council Member/Commissioner Kelley explained how this project came forward, stating that he certainly didn't mean any disrespect to the process and how things were bandied. He stated that it did not mean that anyone on the dais was not advocating for the libraries-he wanted to make sure that he made that clear. He explained that the project was originally proposed to be in the Verdemont area only, but with this gift from the Library Foundation they made sure to include every section of the city so that everybody had an opportunity to take advantage of this needed library. He noted that the mobile library unit might be able to service more areas of the city once the Verdemont Community Center is built, because in that Verdemont Community Center there is a library component. He stated that there may be opportunities in the future for MODs with city schools, or opportunities to partner with many other groups to help with funding. He noted that the Development Impact Fees collected by the City include a library facilities and collection fee, and suggested that as the Council moves forward with the budget process, possibly this fee could be used as a funding mechanism in the future. City Attorney Penman stated that he was sympathetic about what Ms. Estrada and Ms. McCarnmack were saying about items going to the Ways and Means Committee; however, the ad hoc budget committee would be hearing this matter and legally, once they do, the Ways and Means Committee is not going to be able to do so. He acknowledged that the ad hoc budget committee has taken over the previous role of the Ways and Means Committee in doing the City's budget; and as a factual matter, whether anyone likes it or not, that's been the case for about five or six years now, so there is a legal problem there. Mr. Penman also noted that there are rumors going around now, and have been for several weeks, that the new Library Board is going to be asked to close one of the branches-possibly the Rowe, possibly one of the libraries on the west side. Another story going around is that there is interest in some parts of the city about getting the Board to merge our City library with the County library. However, regardless of what happens with those issues, the "bookmobile" will service an awful lot of people; and there are many who would not be in the professions they are in today or the businesses they are in today were it not for an early exposure to books. 13 02/19/2008 Mayor/Chairman Morris noted that as Ed Keller pointed out, this City has not invested in libraries as physical structures in well over a quarter decade. In the meantime, the city has grown by great numbers, both geographically and numerically. He agreed that the City needs to actively engage partners in this conversation, both from the public and private sectors. He stated that this proposal is what he would call a modest stopgap proposal for advancing literacy and reading opportunities for the members of our community. He stated that eventually the City will have to look at its whole library system-where our facilities are located, how to deliver services, etc. He noted that the most utilized portions of a library these days are the computer stations, and the City needs to be modem in its delivery of services-we need to look at this in a very holistic way with a new opportunity for a strategic plan, working with our Library Board, our Foundation, and all those partners that have been mentioned at this table. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the request to fund a one-time set-up cost of $62,000 and an ongoing annual maintenance cost of $133,504 for the operation of a mobile library unit to provide library services to the underserved areas of the city beginning with the FY 2008/09 budget, be approved. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCanunack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 24. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the San Bernardino Downtown Rotary Club for fmandal assistance from the Civic and Promotion Fund for FY 2007/08. Council Member/Commissioner McCanunack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Committee meeting of March 3,2008. City Manager Wilson acknowledged that the requested action was to continue the matter for two weeks, with the only caveat being that because it was so late in the planning process for this event, the various groups involved were looking for "approval in concept" by the Council, but deferring any action on the funding request or the specifics. He stated that the issue had to do with printing flyers, etc. and getting the information out to the public. Council Member/Commissioner Derry explained that Cal State San Bernardino had declined to pursue Earth Day ceremonies this year, so the event was going to be held in the City Hall parking lot. He explained that there were still some 14 02/19/2008 details and logistical issues to be worked out due to the late date that the Rotary Clubs and other organizations had learned that Cal State would not be sponsoring the event and took it upon themselves to move it forward. Council Member/Commissioner Derry made a substitute motion, seconded by Council Member/Commissioner Baxter, that the matter be approved in concept, to be brought back to the Council on March 3, 2008, to address the budget! funding issues. Council Member/Commissioner McCarnmack pointed out that after funding this particular event there would be no more civic and promotion monies available; and she believed that there were other events that had been proposed to be funded from this account. She also noted that this event would take a huge amount of public safety staff and questioned how that would affect the Police Department overtime budget. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCarnmack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 25. Public hearing - Urgency Interim Ordinance adding San Bernardino Municipal Code Section 19.06.026 (Development Code) and extending a temporary moratorium on the establishment and operation of medical marijuana dispensaries and other similar uses ORD. MC-1265 - An Urgency Interim Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.026 (Development Code) and extending a temporary moratorium on the establishment and operation of medieal marijuana dispensaries and other similar uses, declaring the urgency thereof, and taking effect immediately. URGENCY Mayor/Chairman Morris opened the hearing. Senior Deputy City Attorney Empeiio advised that pursuant to State law this ordinance extends by one year the temporary moratorium existing on the establishment and operation of medical marijuana dispensaries. He noted that there continues to be a conflict between federal and state law as to the legality of medical marijuana. He advised that the notice of this hearing had been published in The Sun newspaper, and that the City Attorney's office had received no inquiries or comments from the public regarding it. No public comments were received. 15 02/19/2008 Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; and that said urgency ordinance be adopted. The motion carried and Ordinance No. MC-1265 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Public hearing - resolution imposing liens on properties located within the City for uncollected business registration fees RES. 2008-62 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2008-62 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Report on League of California Cities Policy Committee meetings (Continued from February 4, 200S) Council Member/Commissioner McCammack explained that the League of California Cities is kind of like the City's " Union", helping the City to understand what other cities are doing. She provided information from the Revenue and Taxation Policy Committee and the Housing, Community and Economic Development Committee, stating that the City is represented in Sacramento at these two committee levels. She informed the Mayor and Council that the Chair of the California Board of Equalization had indicated that they were hoping at the Board of Equalization level to help the governor close the budget gap by stronger and stricter enforcement on the collection of sales tax. There was also talk about trying to help the state reform its sales tax issue by streamlining its process. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the report be received and filed. 16 02/19/2008 The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry , Council Members/ Kelley, Johnson, 28. Findings of Fact for denial of Conditional Use Permit No. 07-28, a request to construct a monopalm telecommunications tower and associated equipment on the north side of Baseline Street, approximately 245 feet east of Pennsylvania Avenue in the CG-l, Commercial General land use district (Continued from February 4, 2(08) The following individuals spoke regarding the monopalm telecommunications tower issue: Yolanda Rivero, 753 W. Evans, #18, San Bernardino, CA, spoke regarding concerns with falling palm fronds, the close proximity of the towers to the neighborhood children, the unsightly look of the towers, all of which make it difficult to sell the surrounding homes. She asked for responsible placement of these towers. Father Patricio Guillen, 2002 S. Magnolia Avenue, Ontario, CA, noted that they had requested a moratorium on the towers, and stated that San Francisco has successfully been able to stop this type of project in many of their distinct neighborhoods. He stated that he was convinced that an Environmental Impact Report should be done before this project is allowed to go forward. Daniel Morales, 18%1 Mundina Avenue, Riverside, CA, stated that there needs to be a balance between the businesses that establish the towers so there can be more cellular phone communication and what the public wants to see. He mentioned the model zoning ordinance prepared by the City and County of San Francisco, which demonstrates how a city can come up with a good balance whereby everyone comes out a winner; and requested a moratorium for a few months so the Council could look at the model ordinance and see if they could do something similar in the city of San Bernardino. Council Member/Commissioner Derry advised that the City is already looking at a comprehensive plan to consolidate in the future as many of these poles as possible-that they understand the community's concerns and are also looking at the revenue aspects of consolidating the poles. Council Member/Commissioner Estrada explained that the Council was not in a position today to declare a moratorium-that certain legal steps must be taken to do that. She noted that Mr. Morales had provided her with a copy of San Francisco's ordinance, which she would be sharing with the other Council members and those who are working on the City's plan to consolidate these towers. 17 02/19/2008 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council adopt the Findings of Fact for denial of Conditional Use Permit No. 07-28. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Brinker, Kelley, Johnson, McCammack. Nays: Council Members/Commissioners Baxter, Derry. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Interim Executive Director Marzullo and Special Counsel Sabo. Absent: None. R29. Public Hearing - Reallocation of Community Development Block Grant Funds to the City of San Bernardino Parks & Recreation Department After- School Youth Programs - Operation Phoenix Neighborhood Initiative RES. 2008-63 - Resolution of the Mayor and Common Council of the City of San Bernardino 1) authorizing the reallocation of the 2006-2007 and 2007-2008 Community Development Block Grant ("CDBG") Funds in the amount of $146,000, as per Attachment I and 2) approving amendments to the 2005-2010 Consolidated Plan and the 2006-2007 and 2007-2008 Annual Action Plans (Operation Phoenix Neighborhood Initiative). Mayor/Chairman Morris opened the hearing. Emil Marzullo, Economic Development Agency Interim Executive Director, stated that this action was a request to reprogram approximately $146,000 from Community Development Block Grant (CDBG) funds which have come from either projects that have not been successful or have not been accomplished; and would not take any funds from the General Fund or from the Agency. The project funds would go toward the Operation Phoenix Neighborhood Initiative in the new project areas that the Council/Commission previously approved in November 2007. Council Member/Commissioner McCammack noted that in the staff report it talked about these funds being unexpended or reallocated from other projects. She asked for more information because the CDBG funding allocation cycle is coming up again in the near future, and she wondered if some of these same organizations would be coming before the Council/Commission again asking for funding; and if so, why weren't these funds completely expended. She also 18 02/19/2008 asked for clarification on No.6, as to what exactly it meant where it said, CDBG Program Income - $119,000 not expended. Don Gee, Deputy Director, Economic Development Agency, explained that CDBG program income is usually the amount of interest that has accrued in the account itself. Ms. McCammack stated that when the applications for CDBG allocations come back before the Council/Commission, she thought it was important that the backup materials show when a certain agency has not performed for whatever reason, even if it is recommended by the Committee, so they understand that this particular agency did not expend its total allotment. She stated that they continue to be told there is no more money-then all of a sudden there is $146,000. She added that they were told that this money would be there, but they were never told where it would come from. Council Member/Commissioner Estrada stated that the public needs to understand that the use of CDBG money is like a moving target-the requests are made, the Committee reviews, the Commission appropriates-and for whatever reason, sometimes there is a savings. She inquired about the current balance of the CDBG fund. Deputy Director Gee replied that as of January 31, the number they have received, which is just program income that comes in every month because of the interest that is accrued, is about $260,000. He noted that the $146,000 was on top of this interest amount. Ms. Estrada stated that looking again at the rolling library, here again they have the opportunity to make that kind of appropriation from these funds; and if that could be done legally, this would be one source of funding for that project. Mr. Marzullo stated that the CDBG program funds are all allocated by the Council/Commission. He stated that Ms. McCammack's request was reasonable-that she was essentially asking that if a project or program does not expend the money allocated to it, what is the reason; and secondly, that this money come back to the Council/Commission before it is reprogrammed. He stated that the Agency essentially has to tell this to HUD, because they have to put in a revised plan with that information, so he thought that was a reasonable request, and in the future staff would state the reasons why a project or program did not expend its funds before the Council/Commission has the action before them. No public comments were received. 19 02/19/2008 Council Member/Commissioner McCammack 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. 2008-63 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R30. Joint Public Hearing - TELACU Senior Housing - San Bernardino IV, Inc., 2008 HOME Funds Loan and Grant Development Agreement (lVDA Redevelopment Project Area) Resolution of the Mayor and Common Council of the City of San Bernardino approving 1) an amendment to the City's 2005-2010 Five-Year Cousolidated Plan and the 2007-2008 Annual Action Plan, and 2) the allocation of $3.2 million in Federal HOME CHDO Grant Funds to TELACU Senior Housing - San Bernardino IV, Inc., a California non- profit corporation ("Developer") (lVDA Redevelopment Project Area). (R30A) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2008 HOME Funds Loan and Grant Development Agreement by and between the Agency and TELACU Senior Housing - San Bernardino IV, Inc., a California non-profit corporation ("Developer") (lVDA Redevelopment Project Area). (R30B) (Note: No backup materials were subtnitted.) Mayor/Chairman Morris opened the hearing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of March 3, 2008. The motion carried by the following vote: Commissioners Estrada, Baxter, Brinker, McCammack. Nays: None. Absent: None. Ayes: Derry, Council Members/ Kelley, Johnson, 20 02/19/2008 R31. RES. CDC/2008-7 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the Maintenance and Operation Contract by and among the Agency, the County of San Bernardino and the Assistance League of San Bernardino (580 West 6"- Street, San Bernardino - Central City North Redevelopment Project Area). Council Member/Commissioner McCamrnack stated that due to her affiliation with the Assistance League and to avoid the appearance of a conflict, she would abstain on this matter. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2008-7 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCamrnack. Absent: None. R32. RES. CDC/2008-8 - Resolution of the Community Development Commission of the City of San Bernardino ("Commission") (1) approving Amendment No. 1 to the 2006 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and HSB 1-215, L.P., a California limited partnership and SE 1-215, L.P., a California limited partnership (collectively, referred to as "Developer"); (2) authorizing the Interim Executive Director of the Agency to execute said Amendment No.1; (3) approving the Water Storage Capacity Payment Agreement ("Agreement") by and between the Agency and the San Bernardino Municipal Water Department ("SBMWD"); and (4) authorizing the Chairman of the Commission to execute the Agreement with SBMWD (State College Redevelopment Project Area). Council Member/Commissioner McCamrnack made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2008-8 was adopted by the following vote: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Johnson, McCammack. Nays: None. Absent: None. Ayes: Kelley, 21 02/19/2008 33. RES. 2008-64 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Compromise and Settlement Agreement betweeu the City of San Bernardino, the Inland Empire 66ers Baseball Club of San Bernardino, Inc., and Diamond Concessions, Inc. for the settlement of pending litigation and related contractual disputes. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2008-64 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. Public Comments Paul Sanborn, 3559 Genevieve Street, San Bernardino, CA, spoke regarding the potholes on Sierra Way and 40th Street and offered to show City crews how to properly prepare and fill potholes. Patricia Gonzalez, 1364 Orchid Drive, San Bernardino, CA, and Shannon West, 1441 Redpost Court, Diamond Bar, CA, spoke regarding a program to promote higher education for youth in the foster care system. 35. Adjournment At 6:44 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, March 3, 2008, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. By: RACHEL G. CLARK ~City Clerk . E.W Linda E. Hartzel Deputy City Clerk No. of Items: 35 No. of Hours: 5.25 22 02/19/2008