Loading...
HomeMy WebLinkAbout02-04-2008 MinutesCITY OF SAN BERNARDINO 300 N. `D " Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Council Members: Esther Estrada Dennis J. Baxter Tobin Brinker Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack 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. 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, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson. Absent: Council Member/Commissioner Kelley. Council Member/Commissioner Kelley Arrived At 1:42 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission meeting. 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; 1 02/04/2008 RDA v. Alvarez - San Bernardino Superior Court Case No. SCVSS 86091; People v. Manta Management Corp. - San Bernardino Superior Court Case No. SCVSS 117285; People v. Manta Management Corp. - San Bernardino Superior Court Case No. SCV 18157; In the matter of the disability retirement application of Garrett Zimmon; Richard "Scott" Moss et al. v. City of San Bernardino, San Bernardino Fire Department, et al. - United States District Court Case No. ED CV 07-01027 SGL (OPx); Jonneshia Reese et al. 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 4' and "G" Streets APNs: 0134-093-19, 20 and 43, and 0134-093-45 2 02/04/2008 Negotiating 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 Negotiation: Purchase price, terms, and conditions Assistant City Attorney Easland announced that the following additional items would be discussed in closed session: Under Agenda Item 1A, Existing Litigation: In the matter of the disability retirement application of Garrett Zimmon, Case No. OAH 2O07080890; Under Agenda Item No. 1B, 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. Invocation/Pledge 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. Appointment - Ms. Johnnie Ann Ralph - Historical Preservation Commission - Council Member Brinker D. Appointment - Rahman Bell - Youth Advisory Commission - Council Member Johnson Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the appointments and re -appointment 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. Council 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 1, 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 at., Superior Court 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 all 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 (SD-B) "Box Culvert Repairs," and transferring $36,000 from Account No. 248-368-5504-7260 (SD04-07) "Baseline Street Storm Drain" to Account No. 248-368-5504-7166 (SD-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 Belmont Avenue, west of Little League Drive (SD-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, McCammack. 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 Development 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 (IL) 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. 200842 - 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 confirming 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 Bernardino 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 Bernardino authorizing the execution of an agreement for the San Bernardino Community College District to use the City of San Bernardino 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, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. 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 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, Baxter, 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/2008-5 — 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 reconfirmation 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-1, 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. 13'hStreet, San Bernardino, CA; Ofelia M. Torres, 1895 W. 13'hStreet, San Bernardino, CA; Elsa Pelayo, 1880 W. 13" 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. No. of Items: 31 No. of Hours: 5 RACHEL G. CLARK City Clerk By Linda Sutherland Deputy City Clerk 16 02/04/2008