HomeMy WebLinkAbout07-21-2008 Minutes
CITY 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
CIws Kelley
Rikke Van Johnson
Wendy McCammack
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 21,2008
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 1:36 p.m., Monday, July 21, 2008, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, McCammack; City Attorney Penman, City
Clerk Clark, City Manager Wilson.
Absent:
Council Members/Commissioners Kelley, Johnson.
Council Member/Commissioner Kelley Arrived at 1:47 p.m.
Council Member/Commissioner Estrada Excused at 6:30 p.m.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 07-01027SGL (Opx);
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07/21/2008
San Bernardino City Professional Firefi~hters, Local 891 v. City of San
Bernardino; San Bernardino Fire Department, et al. - San Bernardino
Superior Court Case No. CIVSS 807685;
Michael Desrochers and Steve Lowes v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. CIVSS 708367;
Eva Walker v. City of San Bernardino, et al. - San Bernardino Superior
Court Case No. CIVSS 703417;
Jane Batey, et al. v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 141503;
Frank Steven Rodri~uez v. Annie Moss Patton, City of San Bernardino,
et al. - San Bernardino Superior Court Case No. CIVSS 808201;
Yvonne Barnes, et al v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. CIVSS 807102;
Brandon Carroll v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. CIVSS 807042;
Michael Wade v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. CIVSS 807043.
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:
Claim filed by Manta Management;
Inland Communities Corp. v. City of San Bernardino (Paradise
Hills);
One (1) case.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. California State University
D. Closed Session - personnel - pursuant to Government Code Section
54957.
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07/21/2008
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:
Ne~otiator:
Linn Livingston, Human Resources Director
Employee Or~anization(s):
General Unit
Middle-Management
San Bernardino Confidential Management Association
Fire Fighters Local Union No. 891
San Bernardino Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Pemnan announced that the following additional items would be
discussed in closed session:
Under Agenda Item No. lA, existing litigation:
J.R., et al. v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 2005-1045;
Under Agenda Item No. lB, significant exposure to litigation:
Agenda Item No. 40.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Deacon Don Taylor of the Diocese of San Bernardino.
The pledge of allegiance was led by Michele Tasso, a student at Anderson School.
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07/21/2008
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Garry Cohoe, Director of Freeway Construction for SANBAG, updated the
Mayor and Common Council on the 215 widening project, the 5th Street bridge
project, and the University Parkway ramp project.
Craig Perkins and Laurel Faulkner of the Community Energy Partnership
accepted a proclamation designating the week of July 21-25, 2008, as Energy
Awareness Week in the City of San Bernardino and provided information on
their upcoming activities.
Council Members McCammack and Baxter joined the Mayor in presenting
Certificates of Recognition to volunteers with the Senior Companion Program.
Special presentations were made to Juanita Kelley, who has served as a
volunteer with the program for 24 years, and Frank Montes and his wife, Sara
(who could not attend), who have been with the program for over 15 years.
Manuel Carrillo, Field Representative for Senator Gloria Negrete McLeod,
made a presentation to Mr. Montes on behalf of the senator.
Jennifer Dodson of the American Cancer Society and John Garrett, a Cancer
Society volunteer, spoke regarding the annual Relay for Life event to be held on
August 16 and 17 at Little League Western Regional.
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
John Payan
Efrin Arellanez
Milton Johnson
Willie Mason Sr.
Department
Fire
Public Services
Public Services
Public Services
Years of Service
20
10
5
10
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.
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07/2112008
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
unanimously with Johnson absent.
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: June 11,
2008; and June 25, 2008. The motion carried unanimously with Johnson
absent.
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 July 15,
2008, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously with Johnson absent.
8. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Interim Chief Examiner, dated July 16, 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
unanimously with Johnson absent.
9. ORD. MC-1274 - An Ordinance of the City of San Bernardino amending
Sections 12.92.040 and 12.93.010 of the San Bernardino Municipal Code
regarding the duty to maintain and repair sidewalks and curbs and the
participation of the City. FINAL READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be adopted. Ordinance
No. MC-1274 was adopted unanimously with Johnson absent.
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10. ORD. MC-1275 - An Ordinance of the City of San Bernardino repealing
Sections 3.44.030 and 3.44.040 of Chapter 3.44-Service User's Tax- of the
San Bernardino Municipal Code and amending Section 3.44.065 of said
Code. FINAL READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be adopted. Ordinance
No. MC-1275 was adopted unanimously with Johnson absent.
II. RES. 2008-280 - Resolution of the Mayor and Common Council of the City
of San Bernardino acknowledging the receipt and filing of the Annual
Statement of Investment Policy for the period July 1, 2008 through June 30,
2009.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2008-280 was adopted unanimously with Johnson absent.
12. RES. 2008-281 - Resolution of the City of San Bernardino authorizing the
execution of an agreement with LAN Engineering Corporation to provide
civil engineering design services and project management services for State
Street from 1~ Street to Foothill Boulevard - extend and construct (4)
lanes of roadway (1.5 miles) to connect State Street to Rancho Avenue
(SS04-09).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2008-281 was adopted unanimously with Johnson absent.
13. Item Deleted
14. A Resolution of Intention and Ordinance authorizing an amendment to the
contract between the Public Employees' Retirement System (PERS) and the
City of San Bernardino to provide a 3% @ 50 retirement benefit for safety
employees
RES. 2008-282 - Resolution of intention to approve an amendment to the
contract between the Board of Administration of the California Public
Employees' Retirement System and the Mayor and Common Council of the
City of San Bernardino. (14A)
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An Ordinance of the Mayor and Common Council of the City of San
Bernardino authorizing an amendment to the contract between the Mayor
and Common Council of the City of San Bernardino and the Board of
Administration of the California Public Employees' Retirement System.
FIRST READING (14B)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that said
ordinance be laid over to September 15, 2008, for final adoption. The motion
carried and Resolution No. 2008-282 was adopted unanimously with
Johnson absent.
15. RES. 2008-289 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a vendor service
agreement and the Director of Finance to issue a purchase order to Creative
Contractors in the amount of $24,200, to supply and install twenty (20)
adult fitness course stations on existing dirt trail at Blair Park, pursuant to
Section 3.04.010 B-3 of the Municipal Code.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the Director of Finance be authorized to
amend the FY 2007/08 budget to transfer the amount of $101,000 from the
EDA Loan Debt Service Fund (Fund 308) to Account No. 243-363-5504-7752
(Tom Minor Park Playground Equipment); and to transfer Park Construction
funding in the amount of $101,000 from Account No. 243-363-5504-7752 (Tom
Minor Park Playground Equipment) to Account No. 243-363-5504-XXXX
(Blair Park Improvements) to cover the costs associated with the replacement of
Fitness Equipment at Blair Park ($27,500), as well as the proposed construction
of a ball field at Blair Park ($73,500); and that said resolution be adopted. The
motion carried and Resolution No. 2008-289 was adopted unanimously with
Johnson absent.
16. RES. 2008-283 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute Food Service
Agreement with the San Bernardino City Unified School District relating to
delivery of Type A lunches to City sites for the District's year-round lunch
program for FY 08/09.
City Attorney Penman declared a conflict because his wife is a member of the
school board.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2008-283 was adopted unanimously with Johnson absent.
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07121/2008
17. RES. 2008-284 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Police Department to apply for and
accept a Driving Under the Influence (DUI) mini grant from the State of
California Office of Traffic Safety in the amount of $27,052.56.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2008-284 was adopted unanimously with Johnson absent.
18. RES. 2008-285 - 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 with three (3) one-year extensions at the City's option
to Bryan A. Stirrat & Associates pursuant to Section 3.04.010 B-3 of the
Municipal Code for operations, maintenance, and monitoring of the landfIll
gas extraction and treatment system for Waterman Landfill.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2008-285 was adopted unanimously with Johnson absent.
19. RES. 2008-286 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of an annual purchase order with three single year renewal options to
Southern Counties Lubricants LLC of Orange, CA. for automotive, heavy
truck and heavy equipment lubricants to be utilized by the Public Services
Department Fleet Division.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2008-286 was adopted unanimously with Johnson absent.
20. RES. 2008-287 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of the 2008/09 Used Oil and Filter
Recycling Block Grant application for grant funds from the California
Integrated Waste Management Board.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2008-287 was adopted unanimously with Johnson absent.
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07/21/2008
21. RES. 2008-288 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, successor to the South San Bernardino County
Water District, assessing properties within the previous district boundaries
in the amount of $14,262.50 for the Fiscal Year 2008/2009.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. 2008-288 was adopted unanimously with Johnson absent.
22. Implementation of an Anti-Graffiti Rewards Program
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued for two weeks.
Council Member/Commissioner Kelley amended his motion, seconded by
Council Member/Commissioner Baxter, that the matter be referred back to the
Police Ad Hoc Committee. The motion carried unanimously with Johnson
absent.
23. North Hills Assembly of God Church - Deferral of California
Environmental Quality Act Fire Mitigation Fee
Jim Graham, 2004 Shorter Street, San Bernardino, CA, a member of the
pastoral staff, expressed appreciation for deferral of the fee; however, he
requested that the fee be assessed based on zoning-not on use. According to
Mr. Graham, it is the intent of the Ways and Means Committee that the fee
ultimately be assessed at the higher commercial use rate rather than the lower
residential zoning rate. He ascertained that the code authorizing this fee
specifies that it be assessed based on zoning, not on use; and the church's
zoning has been and will continue to be residential. He pointed out that the
North Hills Church does not exist or function to benefit in any way financially
from commercial practices-that they exist to minister in and serve the north
Verdemont community. He stated that while they would question the leverage
of this fee on a nonprofit organization as even acceptable, they would urge the
Council, should they approve the recommendation submitted to them by the
Ways and Means Committee, to also specify that any fees assessed be done so in
the manner compliant to and not exceptional of City code-that at the very least
they be assessed at the residential zoning rate.
Mari-Lynn Brewer, 30256 Frontera del Norte, Highland, CA, member of the
North Hills Church, stated that she knew they had already approved the
deferment, but they were asking that the Council look at this as a residential
zone fee versus a commercial use fee. She stated that if the City goes forward
with the commercial rate, the church would be charged approximately $14,000
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07/21/2008
per year, which is about 3.4 percent of their current annual budget-and this
would be over a 28-year period. She stated that they were asking the Council to
consider it being approved at the residential rate for their property versus the
commercial rate that the Ways and Means Committee has spoken about.
Valerie Ross, Director of Development Services, stated that the fee is based on
the use-not the zoning. She advised that when the Verdemont CFD was
established, there were estimates of what would happen based on the General
Plan, that the General Plan for the area where this church is proposed is
residential, and so there was an amount estimated based on the acreage. She
noted that churches can go in any zone, so a church could go in the Verdemont
Fire Station CFD area in a commercial zone, or it could be in an industrial
zone-so that is why the fee is based on the use, not the underlying zoning.
Council Member/Commissioner Kelley asked when the City would collect the
deferred fees if the deferral was approved.
Ms. Ross stated that typically the fees are collected prior to issuing the building
permits. She noted that in this case the Ways and Means Committee wanted to
work with the church so the recommendation was to issue the building permits
and defer the church having to pay the fee until 18 months from issuance of the
building permits.
Mr. Kelley expressed concern that the City might find itself on the short end of
the stick if the church is ready to move into its new location, but fmds it does
not have the resources to pay these fees. Also, he is aware that there is another
upcoming church on Behnont, and more than likely if the Council moves
forward with this today, they will be requesting the same thing. He stated that
he wanted to make sure that the Council was not going down a path that at some
point in time becomes complicated and they then have to bifurcate the issue in
order to get a resolution. He stated that he was hesitant to support this today.
Council Member/Commissioner Derry stated that he had no problem with the
request the church was making. He noted that as a church, it's not a 24-hour-
per-day commercial center and will never operate as a commercial center-that
churches are not in the mix of making a profit and will not be operating every
day. He stated that he didn't know whether a commercial zoning or a
commercial use actually applied-that they may run some daycare programs and
some other things, but generally they will be open mostly on Sundays for
operations. He stated that he had no problem with their initial request to be
charged fees based on residential use; and as far as the current request before
the Council for deferral of fees-he would be voting for it.
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07/21/2008
Council Member/Commissioner Brinker questioned whether the Ways and
Means Committee had a discussion about this aspect that was brought up today
about whether they should be charged at a commercial rate versus the residential
rate; and whether there was any way around that.
Mayor/Chairman Morris acknowledged that there is a way-the problem is
always that once you establish precedent, that new fee structure can, and
probably will, become the norm; and therein is the dilemma in terms of
treatment of these assets.
Ms. Ross stated that she thought they would need to go back and review the
paperwork for when the City established the CFD. She stated that she had
looked at the resolutions briefly and could not find a way to easily say they
could call it residential.
Mayor/Chairman Morris suggested that they go ahead today and approve the
deferral and then, going through Ways and Means, conduct further research and
discussions with Development Services staff.
Council Member/Commissioner McCammack advised that the Ways and Means
Committee felt very sympathetic to the church's plight-so much so that they
actually asked for a secondary meeting with the church to understand the full
phase of their build-out. She noted that this was not just a stand-alone church,
but also a full functioning school. She stated that the Committee felt so
sympathetic to the church's concerns and their plight that they asked for
fmancials and a full understanding of the plan; and twice they went through all
of the explanations of whether it is commercial or residential and how that fits
into the whole scheme of things. She stated that the difficulty is that there tends
to be a lot more calls for service because there are a lot more people convened
at one specific time. The bottom line is how the City is going to pay for the
services ten years from now. She noted that this was an l8-month deferral, and
asked if the church could come back and ask for additional time, if it turns out it
takes longer.
Ms. Ross stated that she thought they could. She pointed out that, as proposed
to staff, the church plans to phase their improvements; therefore, the fees
collected would be based on the phase of development. Unless they do all of it
at one time, which they are not proposing, the fees would not be payable all at
one time.
Council Member/Commissioner Derry stated that he had no problem with the
deferral at this point, and he thought they needed to look at the commercial use,
as he still didn't think it was a commercial use. He pointed out that they don't
charge school districts or other service providers for these fees. He stated that
the church provides a service to the community and to the region. He pointed
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07/21/2008
out that when the Council came up with the way to pay for the fire station, it
was based on residential use of the property-that's how they actually came up
with the dollar figures to pay for it; therefore, he had no problem sticking to
that for this particular use and finding a way to do it for churches. He stated
that he thought they needed to understand that the applicant is not creating a
commercial project here that is going to bring in a lot of dollars-this is a
community use for a church.
Council Member/Commission McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
defer the collection of the Verdemont Fire Station CEQA Mitigation Fee until
18 months from issuance of building permits and direct staff to include the
appropriate language in the Funding and Mitigation Agreement. The motion
carried unanimously with Johnson absent.
There was a consensus among the Council members that the matter go back to
the Ways and Means Committee for further discussion.
24. RES. 2008-290 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an agreement with the City of San
Bernardino and Little League Baseball and Softball Inc., for fmancial
assistance from the Civic and Promotion Fund for FY 2008/09.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted; and that direct
funding in the amount of $5,000 from the FY 2008/09 Civic and Promotion
Fund be approved; that indirect funding in the amount of $37,150 be transferred
from the FY 2008/09 Civic and Promotion fund to various City departmental
accounts as outlined in the staff report from Fred Wilson, City Manager, dated
June 24, 2008; and that a waiver of fees and use of City personnel and
equipment be authorized in the conduct of their 2008 tournament season. The
motion carried and Resolution No. 2008-290 was adopted unanimously with
Johnson absent.
25. RES. 2008-291 - Resolution of the Mayor and Common Council of the City
of San Bernardino terminating the lease with the San Bernardino County
Society for Crippled Children and Adults, Inc. (now Easter Seals) and
authorizing the execution of a lease agreement between the City of San
Bernardino and Easter Seals Southern California, Inc. for City owned
property located on the south side of Ninth Street and West of Waterman
Avenue, in San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2008-291 was adopted unanimously with Johnson absent.
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07/21/2008
26. Item Deleted
27. RES. 2008-292 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a continuation grant
application to the Corporation for National and Community Service,
accepting the grant amount of $295,349 to continue the administration and
operation of the Senior Companion Program for the period of July 1, 2008
through June 30, 2009, and ratifying any action taken between July 1, 2008
and the date that this resolution is adopted.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-292 was adopted unanimously with Johnson absent.
28. RES. 2008-293 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a contract with
the County of San Bernardino for the Head Start/Preschool Program at
DelmAnn Heights Community Center and accepting the proposal amonnt of
$314,860 for the period of August 15, 2008 through June 30, 2009.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2008-293 was adopted unanimously with Johnson absent.
29. Public Hearing - Resolution imposing liens on property located within the
City for uncollected business registration fees
RES. 2008-294 - 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 Baxter made a motion, seconded by Council
Member/Commissioner Brinker, 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. 2008-294 was adopted unanimously with
Johnson absent.
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30. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 9.90.010 of Chapter 9.90 regarding authority to
arrest and issue citations. FIRST READING
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be laid over for final
adoption. The motion carried unanimously with Johnson absent.
31. RES. 2008-295 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino Fire Department
to establish a hazardous materials investigation unit.
Anthony Garacci, 752 West 10th Street, San Bernardino, CA, spoke in support
of the proposed resolution.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
the Director of Finance be authorized to incorporate the revenues and
expenditures associated with this program into the FY 2008-2009 Final Budget,
in accordance with the staff report from Michael Conrad, Fire Chief, dated July
8, 2008. The motion carried and Resolution No. 2008-295 was adopted
unanimously with Johnson absent.
32. ORD. MC-1276 - An Ordinance of the City of San Bernardino amending
Section 15.04.080A of the San Bernardino Municipal Code relating to
building permit and plan review fees. FINAL READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance
No. MC-1276 was adopted. Ayes: Estrada, Baxter, Brinker, Derry,
McCammack. Nays: Kelley. Absent: Johnson
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, McCammack; Economic Development Agency Interim
Executive Director Marzullo and Special Counsel Sabo; City Clerk Clark.
Absent: Council Member/Commissioner Johnson.
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R33. Budget Adoption Fiscal Year 2008-2009 (Continued from July 7,2008)
Resolution of the Community Development Commission of the City of San
Bernardino, California, approving the Economic Development Agency's
("Agency") budget for the Fiscal Year 2008-2009, except for those portions
of certain budget lines which are related to the Uptown Redevelopment
Project Area. (R33A)
Resolution of the Community Development Commission of the City of San
Bernardino, California, approving the Economic Development Agency's
(" Agency") budget for those portions of certain budget lines which are
related to the Uptown Redevelopment Project Area for the Fiscal Year
2008-2009. (R33B)
Resolution of the Community Development Commission of the City of San
Bernardino, California, authorizing the funding of various City of San
Bernardino Fiscal Year 2008-2009 public improvement expenditures and
making rmdings and determinations as to the benefit to the various
redevelopment project areas for undertaking public improvements in
connection with these various City expenditures. (R33C)
Resolution of the Mayor and Common Council of the City of San
Bernardino, California, authorizing the funding of various City of San
Bernardino Fiscal Year 2008-2009 public improvement expenditures and
making rmdings and determinations as to the benefit to the various
redevelopment project areas for undertaking public improvements in
connection with these various City expenditures. (R33D)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to 4:30 p.m.,
Monday, July 28, 2008, in the Council Chambers of City Hall. The motion
carried unanimously with Johnson absent.
R34. RES. 2008-296 - Resolution of the Mayor and Common Council of the City
of San Bernardino making certain findings and determinations regarding
the Bieunial Election of the Northwest Redevelopment Project Area
Committee Election as conducted on June 12, 2008, and overruling a
written protest to said election.
Stewart Cumming, San Bernardino, CA, who had filed an official written
protest to said election, distributed to the Mayor and Common Council and read
into the record a letter dated 21 July 2008, Re: Rebuttal to Staff Responses.
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07/21/2008
Special Counsel Sabo responded to Mr. Cumming's comments.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2008-296 was adopted. Ayes: Estrada, Baxter, Brinker, Derry,
McCammack. Nays: Kelley. Absent: Johnson.
R35. RES. CDC/2008-26 - 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. 3 to the December 6,
2004 Disposition and Development Agreement, as amended, between the
Agency and Waterman Holdings, LLC (4th Street and Waterman Avenue -
APN: 0135-191-11) (Central City East Redevelopment Project Area).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. CDC/2008-26 was adopted unanimously with Johnson absent.
R36. Memorandnm of Understanding ("MOU") by and among the City of San
Bernardino ("City"), the Redevelopment Agency of the City of San
Bernardino ("Agency"), Omnitrans and the San Bernardino Associated
Governments ("SANBAG")
RES. 2008-297 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Memorandnm of Understanding by and
among the City of San Bernardino ("City"), the Redevelopment Agency of
the City of San Bernardino ("Agency"), Omnitrans and the San Bernardino
Associated Governments ("SANBAG") (State College, Uptown, Central
City North, Central City South, Southeast Industrial Park and Tri-City
Redevelopment Project Areas). (R36A)
CDC/2008-27 - Resolution of the Community Development Commission of
the City of San Bernardino approving and authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Memorandum of Understanding by
and among the City of San Bernardino ("City"), the Agency, Omnitrans
and the San Bernardino Associated Governments ("SANBAG") (State
College, Uptown, Central City North, Central City South, Southeast
Industrial Park and Tri-City Redevelopment Project Areas). (R36B)
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Council Member/Commissioner McCammack requested that in the future
whenever Uptown Redevelopment Project Area is included in a resolution, she
would appreciate it if staff could separate it out so she could vote on the other
items. At this time she stated that she would abstain on this item because she
owns property in the Uptown Redevelopment Project Area and left the dais.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter that said Resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2008-297 and Community
Development Commission Resolution No. CDC/2008-27 were adopted.
Ayes: Estrada, Baxter, Brinker, Derry, Kelley. Nays: None. Abstentions:
McCammack. Absent: Johnson
R37. American Sports University - Sale of Sewer Capacity Credits (Central City
North Redevelopment Project Area)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that 1) the Mayor and Common Council of the
City of San Bernardino confirm the prior adoption of Resolution No. 84-271 and
to find and determine that (i) the Financing Plan as attached thereto has not been
amended or changed, (ii) the Agency may convert the Capacity Rights currently
held by the Agency on a I for I basis to assist redevelopment activities
anywhere within the City boundaries regardless of the then current cost of sewer
connection capacity rights then determined by the City of San Bernardino, and
(iii) the construction contemplated by the Financing Plan has been completed
and therefore there is no basis for the Mayor and Common Council to cause any
direct or indirect increase in Agency costs for the use of the Capacity Rights at
anytime in the future; and 2) that the Community Development Commission of
the City of San Bernardino authorize the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to transfer
33.16 Agency owned sewer capacity credits to American Sports University for a
total purchase price of $86,216 to be paid to the Agency upon the transfer of the
sewer capacity credits for the student dormitory project located at 340 West 4th
Street, San Bernardino. The motion carried unanimously with Johnson
absent.
R38. Overview and prospectus for CATV operations and transfer of oversight
from the City's Information Technology ("IT") Department to the
Economic Development Agency
Council Member/Commissioner Brinker stated that he sees the value in Channel
3 and recognizes there are ways to improve and make it more profitable;
however, he felt the Council still needed to discuss the quality of service being
provided and the money being spent.
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Council Member/Commissioner McCammack stated that during the Ways and
Means Committee meeting they discussed with staff extensively how Channel 3
can effectively pay for itself.
Council Member/Commissioner Kelley asked who would be in charge of
programming and requested that they provide a wide range of diversified
programming.
Economic Development Agency Interim Executive Director Marzullo advised
that programming is done by two staff members; however, Laurie Tillery will
be in charge of operations. He noted that Ms. Tillery is the immediate past
president of National Telecommunications Officials.
Ms. Tillery stated she was looking at a two-tier approach, focusing more on
things happening in the city-working to highlight certain aspects of the
community; with the second tier being a marketing approach-that they will be
sending public service announcements all over the country.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Community Development Commission
accept the written report and oral presentation regarding the CATV operations.
The motion carried unanimously with Johnson absent.
PLANNING
39. Public Hearing - Conditional Use Permit (CUP) No. 08-03 (Appeal No. 08-
02) - An appeal of the Planning Commission Denial of CUP No. 08-03, a
request to obtain a Type 48 Alcoholic Beverage Control <ABC) license at
100 West Hospitality Lane
City Attorney Penman requested a two-week continuance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of August 4, 2008. The motion carried
unanimously with Johnson absent.
40. Ordinances extending a temporary moratorium on the establishment and
operation of new parolee/probationer group homes, registered sex offender
group homes and unlicensed group homes
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ORD. MC-1277 - An urgency ordinance of the City of San Bernardino
extending a temporary moratorium on the establishment and operation of
new parolee/probationer group homes, registered sex offender group homes
and unlicensed group homes, declaring the urgency thereof, and taking
effect immediately. URGENCY (40A)
An ordinance of the City of San Bernardino extending a temporary
moratorium on the establishment and operation of new parolee/probationer
group homes, registered sex offender group homes and unlicensed group
homes. FIRST READING (40B)
The following individuals spoke in support of Turrill Housing/Turrill
Transitional Assistance and its owner, Tom Kanavos:
Robert Wiernand, 968 N. Crescent, San Bernardino, CA;
James Fell, 968 N. Crescent, San Bernardino, CA;
Eric Hernandez, 980 Crescent, San Bernardino, CA;
Tom Kanavos, Turrill Transitional Assistance, who stated he was shocked by
the inclusion of certain documents in the backup materials for this item;
Anthony Garacci, 752 West 10th Street, San Bernardino, CA.
Joe Ortiz, 387 West 25th Street, San Bernardino, CA, spoke regarding the
negative effect absentee landlords have on a city, and the upcoming loss of the
Kendall Drive police substation.
City Attorney Penman stated that the purpose of extending the ordinance is so
the City can study the situation and decide how the problems associated with
group homes should be addressed.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said urgency ordinance A be
adopted; and that said ordinance B be laid over for final adoption. The motion
carried and Urgency Ordinance No. MC-1277 was adopted. Ayes: Baxter,
Brinker, Derry, Kelley, McCammack. Nays: None. Absent: Estrada,
Johnson.
41. Budget deliberations - Fiscal Year 2008/09 - discuss and take possible
action
Note: No backup materials were distributed.
There was a consensus of opinion among the Council members to continue the
City's 2008109 budget deliberations to 4:30 p.m., Monday, July 28, 2008, in
the Council Chambers of City Hall.
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42. Public Comments
The following individuals, members of a nonprofit animal advocacy group,
spoke regarding the deplorable conditions at the City's animal shelter, stating
that they would like to form a Mayor's Coalition for the animals and a volunteer
committee that would fmd funding through grants to address the problems at the
shelter:
Lydia Savala, 3196 N. Mountain View, San Bernardino, CA;
Geri Iacobelli, 12041 Fremont Street, Yucaipa, CA;
Christina Melendrez, 8040 Streamside Court, Fontana, CA;
Lori Korioth, P.O. Box 4241, Crestline, CA;
Betty Melendrez, 8040 Streamside Court, Fontana, CA;
Kelly Anderson, 16331 Gentry Lane, Huntington Beach, CA;
Brenda Cox, P.O. Box 370, Sky Forest, CA.
Bridgette Washington, San Bernardino Public Employees Association, 433 N.
Sierra Way, San Bernardino, CA, advised the Mayor and Council that the
General Unit Employees have been involved in the budget process and have
stepped up to the plate; however, they voted down the furlough program
because the City was unwilling to give them a guarantee that there would be no
layoffs. She stated it was hard to sell the program to the employees without
some guarantee from the City.
Joe Ortiz, 387 W. 25th Street, San Bernardino, CA, spoke in opposition to the
Operation Phoenix Program.
43 Adjournment
At 7:54 p.m. the meeting adjourned to 4:30 p.m., Monday, July 28, 2008, in
the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California to discuss the fiscal year 2008/09 budget.
By:
RACHEL G. CLARK
City Clerk
~. !tz/f4e1
Deputy City Clerk
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