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HomeMy WebLinkAbout04-20-2009 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 Fred Shorett 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 APRIL 20, 2009 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 1:32 p.m., Monday, April 20, 2009, 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, Shorett, Kelley, Johnson; Sf. Deputy City Attorney Grider, Interim City Manager Weinberg, City Clerk Clark. Absent: Council Member/Commissioner McCammack. 1, Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): Frank Ingram, III, et al. v. City of San Bernardino, et al. - United States Court of Appeals, Case No. 07-56616; 1 04/2012009 Emilio Flores, et al. v. City of Hi/(hland, et al. - San Bernardino County Superior Court, Case No. CIVSS 7000464; Kimberlyn Hearns v, City of San Bernardino - United States District Court, Case No. CV 03-1434 SJO (SGL); Michael Lawson v, City of San Bernardino, et al. - San Bernardino County Superior Court, Case No. CIVDS 905204. 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: Glenn Baude v. City of San Bernardino Inland Communities Corp. v. City of San Bernardino (Paradise Hills) Human Potential Consultants v. City of San Bernardino Claim of Miguel Vargas-Quiroz, Elsaline Garcia and Jacqueline Quiroz 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: Chief of Police 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: Negotiations with Firefighters G. Conference with real property negotiator - pursuant to Government Code Section 54956.8, 2 04/20/2009 Sr. Deputy City Attorney Grider announced that the following additional items would be discussed in closed session: Under Agenda Item No. lA, existing litigation: M & M Plastering v, Elroy Salazar, et al. - San Bernardino County Superior Court Case No. CIVSS 815793; Under Agenda Item No, IG, conference with real property negotiator: Property Address: 120 S. "D" Street APN: 0136-122-60 Negotiating Parties: Mark Weinberg, Interim City Manager, on behalf of the City of San Bernardino, and Tim Burgess, Under Negotiation: Purchase price, terms, and conditions. 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/Chairman Morris requested a moment of silence in memory of Jimmy Jones and Pastor Jeffrey Earl Wiggins. Invocation/Pledge of Allegiance The invocation was given by Reverend Charlotte V. Marrah of the Center for Spiritual Living of the Inland Empire. The pledge of allegiance was led by Alma Santacruz, a student at Anton Elementary School. 2. Appointments There were no commission appointments. 3. Presentations Council Members/Commissioners Rikke Van Johnson and Chas Kelley joined Mayor Morris in presenting Certificates of Recognition to the members of the Cajon High School's Girls Basketball Team and their coaching staff for their outstanding performance this year and for winning the CIF Division I-AA Championship. 3 04/2012009 Council Member/Commissioner Johnson presented the Student of the Month Award to Hector NUllo, a student at Dr. Martin Luther King, Jr. Middle School. 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 Rikke Van Johnson Chas Kelley Carlos Castro Michael Bush James Prater Thomas Rubio Joseph Michaud Tommy Litras Teresa Dobbs Donald Stubbs Dennis Flory Theresa Keller 4. Announcements Department Council Office Council Office Development Services Fire Fire Fire Library One Stop Career Center Parks, Recreation & Community Services Parks, Recreation & Community Services Public Services SBET A Years of Service 5 5 5 25 20 20 10 30 10 25 5 15 Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities, 5, Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, 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 McCammack absent. 6. Claims & Payroll 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 March 12, 2009, from Barbara Pachon, Director of Finance, be approved. The motion carried unanimously with McCammack absent. 4 04/20/2009 7. Personnel Actions Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated April 15, 2009, 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 McCammack absent. 8. RES. 2009-82 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between the Law Offices of Jones and Mayer, and retaining Gregory P. Palmer for hearing officer and/or administrative law officer services. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-82 was adopted unanimously with McCammack absent. 9. RES. 2009-83 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting the California Department of Transportation Disadvantaged Business Enterprise (OBE) Implementation Agreement for Federal Financial Assistance Projects. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted, Resolution No. 2009-83 was adopted unanimously with McCammack absent. 10. RES. 2009-84 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the award of a contract to Guzman Construction for emergency repair of sewer mains in 17tlo Street between "Goo Street and the alley west of "GOO Street; and "H" Street between the alley east of 18tlo Street and the alley west of 18tlo Street. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted; and that the Director of Development Services be authorized to execute Change Order No. One with Guzman Construction in the credit amount of $700. The motion carried and Resolution No. 2009-84 was adopted unanimously with McCammack absent. 5 04/20/2009 11. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Manager to execute a Lease Agreement between the City of San Bernardino and Los Angeles SMSA Limited Partnership, DBA Verizon Wireless for the lease of nine hundred eighty seven (987) square feet of City owned property at Fire Station No. 228 located at 3398 Highland Avenue for a cellular tower disguised as a functional fire hose rack (APN 0285-191-05). Because this was a 20-year agreement, Council Member/Commissioner Estrada questioned whether language was included that would allow the City to cancel the contract or remove the towers should it be found that cell towers cause any kind of illness. Sr. Deputy City Attorney Grider suggested that the item be continued for two weeks, Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of May 4, 2009. The motion carried unanimously with McCammack absent. 12. RES. 2009-85 - Resolution of the City of San Bernardino repealing Resolution No. 2008-394 and directing and authorizing the execution of a Grant Deed for the sale of City owned real property located at the northwest corner of Base Line Street and "H" Street in the City of San Bernardino to the California Department of Transportation. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-85 was adopted unanimously with McCammack absent. 13. ERAF Redevelopment Project Area Plan Amendments (Continued from April 6, 2009) ORD. MC-1293 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the State College Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the State College Redevelopment Project Area; and making other findings in connection therewith (State College Redevelopment Project Area). FINAL READING (13A) 6 04/20/2009 ORD. MC-1294 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City North Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City North Redevelopment Project Area; and making other fIndings in connection therewith (Central City North Redevelopment Project Area). FINAL READING (13B) ORD. MC-1295 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City West Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City West Redevelopment Project Area; and making other fIndings in connection therewith (Central City West Redevelopment Project Area). FINAL READING (13C) ORD. MC-1296 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Southeast Industrial Park Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Southeast Industrial Park Redevelopment Project Area; and making other fIndings in connection therewith (Southeast Industrial Park Redevelopment Project Area). FINAL READING (13D) ORD. MC-1297 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Northwest Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Northwest Redevelopment Project Area; and making other fIndings in connection therewith (Northwest Redevelopment Project Area). FINAL READING (13E) ORD. MC-1298 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Tri City Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Tri City Redevelopment Project Area; and making other fIndings in connection therewith (fri City Redevelopment Project Area). FINAL READING (13F) ORD. MC-1299 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the South Valle Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the South Valle Redevelopment Project Area; and making other fmdings in connection therewith (South Valle Redevelopment Project Area). FINAL READING (13G) 7 04/20/2009 ORD. MC-1300 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Meadowbrook/Central City Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Meadowbrook/Central City Redevelopment Project Area; and making other findings in connection therewith (Meadowbrook/Central City Redevelopment Project Area). FINAL READING (13H) ORD. MC-1301 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City South Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City South Redevelopment Project Area; and making other fmdings in connection therewith (Central City South Redevelopment Project Area). FINAL READING (131) ORD. MC-1302 - Ordinance of the City of San Bernardino extending the time limit of the effectiveness of the Central City East Redevelopment Plan; extending the time limit for payment of indebtedness and receipt of property taxes under the redevelopment plan for the Central City East Redevelopment Project Area; and making other findings in connection therewith (Central City East Redevelopment Project Area). FINAL READING (13J) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said Ordinances A - J be adopted. Ordinance Nos. MC-1293 through MC-1302 were adopted unanimously with McCammack absent. 14. ORD. MC-1303 - Ordinance of the City of San Bernardino amending Section 10.16.120 of the San Bernardino Municipal Code relating to prohibiting parking of motor trucks in the residence district. FINAL READING (Continued from April 6, 2009) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted, Ordinance No. MC-1303 was adopted unanimously with McCammack absent. 15, RES. 2009-86 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting Red Flag Rules, Policies, and Procedures for an Identity Theft Prevention Program in accordance with the Fair and Accurate Credit Transactions Act of 2003 (FACTA). 8 04/20/2009 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the said resolution be adopted. Resolution No. 2009-86 was adopted unanimously with McCarnmack absent. 16. Receive and fIle the detail FY 2007/08 Year End Report for the 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 detail FY 2007/08 Year End Report for the Development Impact Fee Funds. The motion carried unanimously with McCammack absent. 17. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records by the Director of Finance. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be tabled. The motion carried unanimously with McCarnmack absent. 18. RES. 2009-94 - Resolution authorizing and approving the borrowing of funds for Fiscal Year 2009-2010; the issuance and sale of a 2009-2010 tax and revenue anticipation note therefor and participation in the California Communities Cash Flow Financing Program. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-94 was adopted unanimously with McCammack absent. 19. RES. 2009-87 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute Amendment No. 1 to the Contractual Agreement between the City of San Bernardino and the San Bernardino City Unified School District for shared use of the recreation facilities at the Galaxy Building and Norton Recreation Center, and exercising the one year renewal option from August 1, 2009 through July 31, 2010. Sr. Deputy City Attorney Grider indicated that City Attorney Penman had declared a conflict on this matter as his wife is a member of the School Board, She advised that Mr. Sabo had reviewed and signed the item. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-87 was adopted unanimously with McCammack absent. 9 04/20/2009 20. RES. 2009-88 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute Amendment No.1 to the Vendor Service Agreement with Inland Empire Landscape, Inc., and an increase to Purchase Order No. 302716 for additional work related to the Broadmoor Boulevard Irrigation System Retrofit Project. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-88 was adopted unanimously with McCammack absent. 21. RES. 2009-89 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Interim City Manager to execute a Vendor Service Agreement with Clifrs Pest Control, Inc., and authorizing the Director of Finance to increase annual Purchase Order No. 209312 to Cliff's Pest Control, Inc., and to amend the adopted FY 08/09 budget. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-89 was adopted unanimously with McCammack absent. 22. RES. 2009-90 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an amendment to the agreement and an increase to Purchase Order Number 302330 by an additional $20,000 to Zumar Industries, Incorporated for the purchase of additional traffic signs located throughout 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. 2009-90 was adopted unanimously with McCammack absent. 23. RES. 2009-91 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the issuance of a purchase order in the amount of $48,266 to Nelson Paving and Grading Incorporated for completing emergency repairs to the street adjacent to the Old Waterman Canyon Bridge. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-91 was adopted unanimously with McCammack absent. 10 04/20/2009 24. RES. 2009-92 - 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 in the amount of $150,000 to Guzman Construction Company for the removal and replacement of failed cross gutter and improvements to the wash rack at the City Yard. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted, Resolution No. 2009-92 was adopted unanimously with McCammack absent. 25, RES. 2009-95 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the approval of a Vendor Service Agreement and issuance of a purchase order in the amount of $70,000 to Republic Intelligent Transportation Services for traffic sigual preventive maintenance services. Dan Long, San Bernardino Public Employees Association, representing the traffic maintenance shop, spoke regarding the proposed traffic signal maintenance contract offered by Republic Intelligent Transportation Services (ITS) and the impact the proposal would have on the shop, particularly with the elimination of two traffic signal technician positions. He stated that they had met with the City's representatives on two occasions in an effort to minimize the adverse impacts on the signal technicians, and as a result of those discussions they had three specific areas of concern. First, the staff report indicated that the contractor would perform preventive maintenance duties on the City's 265 intersections three times per year, and on page ten of the proposal submitted by Republic, it indicated that they would perform preventive maintenance activities on the City's 265 intersections four times per year. Mr. Long stated that their secondary concern dealt with the actual savings the proposal is reported to generate. Copies were distributed to the Council and he discussed a document entitled City of San Bernardino, Public Services Department, Streets Division, Signal Maintenance Time and Motion Study Summary, which was a breakdown of the costs of performing services in-house as opposed to contracting services with Republic. He stated that the proposal to outsource the preventive maintenance section of the traffic signal shop has been purported to save the department some $70,000 through the elimination of two traffic signal technician positions. He stated that if the numbers provided in the department's Time and Motion Study were accurate, then he would like to ask the Mayor and Council to reconsider approval of the item and allow the City crew to compete at the same level Republic is expected to compete. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2009-95 was adopted unanimously with McCammack absent. 11 04/20/2009 26. RES. 2009-93 - A Resolution ratifying execution of a Settlement Agreement and Declaration of Gas Dispensing Facility between the City of San Bernardino and the South Coast Air Quality Management District (AQMD) concerning the installation of an Enhanced Vapor Recovery System (EVR) for the City's gasoline dispensing facility. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-93 was adopted unanimously with McCammack absent. 27. Determination of Public Convenience or Necessity for an Alcoholic Beverage Control Type 20 License (Off-Sale Beer & Wine) for the Target store located at 499 West Orange Show Road Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council determine that the public convenience or necessity is served by the proposed license and direct the Development Services Department to send a letter to the Department of Alcoholic Beverage Control to support issuance of a Type 20 ABC license for the Target store located at 499 West Orange Show Road, The motion carried unanimously with McCammack absent. 28. Initiation of an amendment to Section 19.06.025 (H) of the Development Code, Prohibited Uses related to Automotive Stereo Shops Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the Mayor and Common Council direct Planning staff to initiate an amendment to Section 19,06.025 (H) of the Development Code related to automotive stereo shops. The motion carried unanimously with McCammack absent. 29. Public Hearing - Resolution imposing liens for uncollected business registration fees RES. 2009-96 - Resolution of the City of San Bernardino rescinding Resolution 2009-76 and 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, 12 04/20/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibits A and B, which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2009-96 was adopted unanimously with McCammack absent. 30. Public Hearing - Resolution establishing certain fees for services; and Ordinances regarding unauthorized signs and yard sales (Continued from April 6, 2009) Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, amending Resolution Nos. 89-471 and 91-148, and repealing Resolution Nos. 85-480, 88-405, 96-169, 96-189, 2000-283,2008-149,2008-177, and 2008-315. (30A) An Ordinance of the Mayor and Common Council of the City of San Bernardino, California adding Chapter 16.18 of the San Bernardino Municipal Code regarding unauthorized signs on public property. FIRST READING (30B) An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing and replacing Chapter 5.68 of the San Bernardino Municipal Code regarding yard sales. FIRST READING (30C) Note: No resolution or ordinances were distributed with the backup materials. The hearing remained open. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the matter be continued to the Council! Commission meeting of May 4, 2009, The motion carried unanimously with McCammack absent. 31. Public Hearing - Ordinance amending Chapter 19.06 of the Development Code to permit senior/congregate care housing as a conditional use in the CG-l, Commercial General, land use district and Conditional Use Permit No. 08-28 to construct a 3-story, 90-unit senior housing complex on approximately 3.5 acres of land located at the southeast corner of Highland and Central Avenues in the CG-l, Commercial General, land use district 13 04/20/2009 An Ordinance of the City of San Bernardino amending Chapter 19.06 (Commercial Districts), Section 19.06.010 (D), Section 19.06.020, Table 06.01 (G) (7) and Section 19.06.030, Table 6.03 (S) of the San Bernardino Municipal Code (Development Code) related to Senior/Congregate Care Housing. FIRST READING Mayor/Chairman Morris opened the hearing. Terri Rahhal, Development Services Department Deputy Director/City Planner, stated that the proponent is TELECU Housing, and this project would be similar in design to several other TELECU developments in other areas of the City; however, this would be the first TELECU project in the northeast part of the City. The proposal requires an amendment to the Development Code in order to permit senior housing in the Commercial General Land Use District. Many of the criteria are site selection criteria for establishing senior housing-set standards that make the Commercial General District ideal-that the location have transit service, medical offices, senior centers and other services that are typically located in a General Commercial District that should be present for senior housing. No public comments were received. Council Member/Commissioner Estrada questioned whether discussions had taken place relative to being able to limit a certain amount of senior housing in anyone area. She stated that she was concerned about the overwhelming number of senior housing projects in the downtown area relative to future development in the downtown that would call for other types of tenants in the downtown area as opposed to more limited income individuals, and she asked if any consideration or thought was given to oversaturation of senior housing in anyone area. She stated that she would like to see it spread out all over the City where they would have a choice in terms of where to live. Ms. Rahhal stated that they did not have those discussions. She stated that the code amendment was proposed in an effort to encourage more development of senior housing as there is a great need in various areas of the City. The City's Code currently permits senior housing in the downtown Commercial District and there have been quite a few projects in the downtown area. The hope is that through this amendment they would be able to have more senior housing in other areas of the City as well, Ms. Rahhal stated that this amendment did not propose an upper limit to the number of projects, Council Member/Commissioner Estrada asked if anything could be done to limit that type of housing, 14 04/20/2009 Ms. Rahhal stated that what she believed Ms. Estrada was asking was not if they could limit housing choices, but whether they could prevent an overconcentration in a particular neighborhood. She stated that that was something they could look at in terms of location criteria. She didn't feel that it has been a problem so far because there has been a great need for more senior housing. Council Member/Commissioner Estrada stated that she didn't want to have any issues in the future because they didn't make allowances and didn't look at all the possible ramifications for oversaturation of that type of housing, whether it's for $3 million homes or low income senior housing, before going ahead and amending the Code. She stated that maybe it was something they could research to see how they want to do it in the future, or if they even want to do it; but it did raise a concern with her that they continue to approve projects in the downtown area that will affect their ability to change the economy and bring more businesses into the downtown area. Mayor/Chairman Morris asked Ms. Rahhal if she knew how deficient the City was in its stock of affordable senior housing. Ms. Rahhal stated that there are waiting lists at these senior housing projects in the City now, and that this particular project has been funded by HUD based on a demonstrated need. Mr, Kelley asked if anything had been laid out in the General Plan that indicates that they are going to geographically place these facilities throughout the City so they are not forced to live in a certain area when they are looking for senior housing. Ms. Rahhal stated that the population is aging and that is part of the reason this need is growing, and this Code amendment will provide a little more flexibility to have senior housing projects throughout the City. She stated that she believed they will be seeing different kinds of senior housing projects in the next few years. In the General Plan Housing Element they are updating their policies right now and they may be able to come up with something that would address this issue in terms of supplying housing where it's needed and perhaps based on some criteria that the Council would like to set, so that not all of the seniors are in one place. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that the hearing be closed; that said ordinance be laid over for final adoption; and that the Mayor and Common Council have independently reviewed and analyzed the Initial Study and the Mitigated Negative Declaration, and finding that the Mitigated Negative Declaration reflects its independent judgment, hereby adopt the Mitigated Negative Declaration and 15 04120/2009 Mitigation Monitoring/Reporting Program and approve Conditional Use Permit No. 08-28 based on the Findings of Fact contained in the Planning Commission Staff Report from Valerie Ross, Development Services Director, dated February 18, 2009, subject to the Conditions of Approval and Standard Requirements (Exhibit 2). The motion carried unanimously with McCammack absent. 32. Public Hearing - Resolution authorizing execution of a Sales and Purchase Agreement and a Quitclaim Deed for the sale of City Water Department property RES. 2009-97 - Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a Quitclaim Deed for the sale of City Water Department owned parcel of real property generally located at the intersection of Foothill Drive and Sterling A venue in the City of San Bernardino. Mayor/Chairman Morris opened the hearing. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2009-97 was adopted unanimously with McCammack absent. 33. Council Committee Assignments (Continued from April 6, 2009) Council Committees - Re2Ular Meetin2s Legislative Review Committee -- Brinker (Chair), Shorett, McCammack Council Committees - At Call of Chairman Educational Bridge Ad Hoc Committee -- Brinker, Shorett, Johnson Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the recommended Council Committee Assignments be approved. The motion carried unanimously with McCammack absent. 34. Resolution of the City of San Bernardino approving License Agreement No. 09-37471 with the Burlington Northern Santa Fe (BNSF) Railway for maintenance of temporary shoring under the Mt. Vernon Viaduct between 2nd Street and 4th Street (BR#54C0066). (Continued from April 6, 2(09) Note: No resolution was distributed with the backup materials. 16 04/20/2009 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of May 4, 2009. The motion carried nnanimously with McCammack absent. 35. Resolutions of the Mayor and Common Council authorizing a Master Lease Agreement with Bank of America; and awarding a bid for the lease-purchase financing of 12 refuse trucks to Bank of America (Continued from March 16, 2009) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Lease Purchase Master Agreement with Bank of America for the furnishing of lease purchase fmancing. (35A) RES. 2009-98 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a bid for the lease-purchase financing of twelve (12) refuse trucks to Bank of America. (35B) Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that resolution A be deleted; and that said resolution B, be adopted, amending the definition of "Schedule" on page 3 of the Lease/Purchase Agreement to read as follows: "Means each separately numbered Schedule of Property substantially in the form of Schedule of Property No. 1 hereto together with a Rental Payment Schedule attached thereto substantially in the form of Exhibit A-I hereto". The motion carried and Resolution No. 2009- 98 was adopted unanimously with McCammack absent. 36. Report from the Measure Z Oversight Committee on Uses of Measure Z Funds - July 1, 2007 through June 30,2008 Philip Savage, Chairman of the Measure Z Oversight Committee, requested that the report from the Measure Z Oversight Committee, be received and filed. Joe Ortiz, spoke about Operation Phoenix and the City's graffiti problem. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that the report from the Measure Z Oversight Committee on Uses of Measure Z funds - July 1, 2007 through June 30, 2008, be received and filed. The motion carried unanimously with McCammack absent. 37. Item deleted 17 04/20/2009 38. Resolution of the Mayor and Conunon Council of the City of San Bernardino rescinding its motion of February 17, 2009 by which it approved the elimination of twelve positions in the Fire Department and requiring said positions to be backfilled effective April 21, 2009. Council Member/Commissioner Kelley provided a brief video presentation regarding the National Fire Protection Association (NFPA) 1710, which is the Standard for the Organization and Deployment of Fire Suppression Operations, Emergency Medical Operations, and Special Operations to the Public by Career Fire Departments. Council Member/Commissioner Kelley stated that this was an opportunity for the Council to revisit their action taken on February 17, 2009, to eliminate 12 positions. He stated that he had concerns regarding the deleted positions and whether staff held a meet and confer with the labor group. Council Member/Commissioner Kelley stated that there are four fire stations that would be affected by the reduction in personnel: Palm and Kendall, 40th Street, Orange and Highland, and Medical Center Drive; and at the very minimum the Council should have been given an opportunity to provide their input. He asked that the Council restore the positions, and in the meantime the City Manager's team could meet with the fire personnel to try to achieve the 10 percent reduction. The City could then go to the voters to explore funding opportunities that would provide the needed personnel. He referred to California Code of Regulations, Title 8, Section 5144, which mandates that a minimum of four firefighters be present at the scene of a structure fire before interior firefighting operations can take place. He stated that the City's budget reserves are very low; however, reserves are there for emergencies, and he could not think of a bigger emergency than having firefighters available to meet the needs of this community in the event of a fire or a medical emergency. Fire Chief Conrad stated that he was hired to maintain the best level of safety for the public and to staff the Fire Department with whatever funding is deemed appropriate, and he had also been asked to give his recommendations on what could be eliminated. He stated that he has already made cuts in prevention and administration-at least 25 percent of his department has taken substantial pay cuts-and now he has been asked to cut $1.5 to $2 million. He stated that if they had to cut firefighter positions the only way to start would be to remove one firefighter off of the four-person engines so that they do not do away with entire fire companies. Fire Chief Conrad stated that NFPA 1710 discusses response times as being one of the most critical pieces of emergency response, but the City has chosen not to adopt the NFP A regulation for response times because they could not afford it. 18 04120/2009 He stated that if the Council wants him to cut in other areas of the Fire Department, then they are going to have to remove some of the responsibility the department has for getting certain jobs done. He stated that he would like to have full staffing-he would like to have five persons on an engine; but if the City cannot afford it, then they can do the job with less. What they would have to do is send more fire engines and they may have to use their mutual aid program more often. They will change the method of doing business, if necessary, to protect the lives of the firefighters. The Chief clarified that the reduction in staffing from four to three would not affect response times and would not require them to operate unsafely on the fire ground-they would have to adjust their tactics until help arrives. A known rescue can be carried out by three people. If it's an unknown rescue, they have the responsibility through policy to do what is called a "360," where the captain has to walk around the building to assess the situation. Chief Conrad stated that one-fourth of his workforce has taken a ten percent pay cut; his administrative assistant is doing two jobs because they had to leave his prior job unstaffed, his lowest paid employees have suffered 10 percent pay cuts, and he is concerned that he's going to be asked to take larger pay cuts. He stated that a battalion chief with a 10 percent pay cut is going to make less money than a lot of the captains he supervises and the overtime that they make. He stated that he doesn't begrudge the overtime because the guys are working for it, but it's creating a management situation that is untenable in the Fire Department. Chief Conrad stated that if the Council was to choose to reinstate these positions, he hoped that they had another source of revenue and that they didn't expect to cut the Fire Department in other areas. Chief Conrad answered questions posed by members of the Council regarding mutual aid, staffing levels, response times, overtime and funding. Council Member/Commissioner Brinker stated that they were talking about two distinct issues-the ten percent and the elimination of the positions-and he felt everyone should know how much this was costing the City. Mr. Weinberg stated that in the event these positions are reinstated, it would add another $400,000 to the deficit for this fiscal year, and the 10 percent reduction was costing several hundred thousand dollars. Sr. Deputy City Attorney Grider stated that there may be a legal way to raise revenue that the City has not yet pursued and that was with the use of the Administrative Civil Penalties (ACP) program by the Fire Department for violations of the Fire Code, Building Code, and the Municipal Code, with 19 04/20/2009 penalties of up to $1,000 per day. Also, the City would be getting businesses and multi-family apartment complexes into compliance. Council Member/Commissioner Johnson asked if the revenue received from the ACPs was going into the General Fund. Interim City Manager Weinberg answered in the affirmative. He stated that he did not want the public to have the perception that they were going to finance the restoration of these positions or any other fire services by having the firefighters go out and look for ACP violations. He stated that the ACP program is doing very well, but the notion that the fines of $1,000 are being levied and sustained at that rate may not be completely accurate because the hearing officers are routinely reducing those fines down to about $100 per day. Mayor/Chairman Morris stated that quite often those fines result in liens on the property as opposed to cash in the bank. The City is entitled to lien the property if the property owner does not pay that assessment, but those liens are not redeemed until the property is sold. Ms. Grider stated that the Mayor's statement was partially correct. She stated that they have collected a substantial amount of money for violations that haven't gotten to the point of putting a lien on the property. A lot of these properties are in the process of changing hands so they are paying the amounts that have been imposed by the Hearing Officer prior to the lien process. She stated that the revenue raised would be incidental to getting compliance with the codes, and the engine companies are already out there doing their inspections of the businesses and the apartment complexes; so it's not that they would be asking them to do something new that they are not already doing, it would just be implementing this program as part of those inspections. Assistant City Manager Sassoon clarified that the revenue received from the ACP program is not going into the General Fund at this time; it is being kept in a trust account. However, at a future date, and hopefully prior to the end of the fiscal year, staff will be recommending that the Council take action to put that revenue into the General Fund. The following individuals spoke in support of restoring the firefighter positions: Lynette Kaplan; Stephanie Nigg; Bob Evans; Joe Ortiz; Tom Rubio, San Bernardino City Professional Firefighters; Richard Lewis, San Bernardino City Fire Captain; Scott Moss, San Bernardino City Professional Firefighters. Council Member/Commissioner Kelley made a motion that said resolution be adopted. The motion died for lack of a second. 20 04120/2009 39. RES. 2009-99 - Resolution of the Mayor and Conunon Council of the City of San Bernardino authorizing the execution of an agreement and issuance of a purchase order to Fairview Ford of San Bernardino pursuant to Section 3.04.010 B-3 of the Municipal Code for the purchase of twenty-eight (28) 2009 Ford Crown Victoria Police Interceptors utilized by the Police Department; and award a bid for lease purchase financing to Bank of America for the purchase of twenty-eight (28) 2009 Ford Crown Victoria Police Interceptors. Council Member/Commissioner Brinker made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted, amending the definition of "Schedule" on page 3 of the Lease/Purchase Agreement to read as follows: "Means each separately numbered Schedule of Property substantially in the form of Schedule of Property No.2 hereto together with a Rental Payment Schedule attached thereto substantially in the form of Exhibit A -I hereto". The motion carried and Resolution No. 2009-99 was adopted unanimously with McCammack absent. COMMUNITY DEVELOPMENT COMMISSION Roll Call Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker, Shorett, Kelley, Johnson; Sr. Deputy City Attorney Grider; Economic Development Agency Interim Executive Director Marzullo and Agency Counsel Sabo; City Clerk Clark. Absent: Council Member/Commissioner McCammack R40. Joint Public Hearing - Formation of an Auto Center Property and Business Improvement District ("PBID") (Southeast Industrial Park and IVDA Redevelopment Project Areas) (Continued from April 6, 2009) Resolution of the Conununity Development Commission of the City of San Bernardino approving and authorizing funding equal to $1,218,372 pursuant to the formation of the Auto Center Property and Business Improvement District ("District") and funding the operations and activities of the district (Southeast Industrial Park and IVDA Redevelopment Project Areas). Council Member/Commissioner Brinker made a motion, Member/Commissioner Baxter, that the matter be tabled. unanimously with Kelley and McCammack absent. seconded by Council The motion carried 21 04120/2009 R41. Public Hearing - Reconunended allocations of FY 2009-2010 Conununity Development Block Grant; Emergency Shelter Grant; and HOME Federal Grant Program Funds RES. 2009-100 - Resolution of the Mayor and Conunon Council of the City of San Bernardino approving the 2009-2010 Consolidated Annual Action Plan pertaining solely to the HOME Program appropriations/categories; and authorizing the City Manager to execute any and all mID contracts or documents as per mID regulations. (R41A) RES. 2009-101 - Resolution of the Mayor and Conunon Council of the City of San Bernardino approving (1) the 2009-2010 Consolidated Annual Action Plan pertaining to Conununity Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) funds (excluding any reference to the allocation of CDBG and ESG funds for Time For Change Foundation and Knotts Family & Parenting Institute); (2) an amendment to the 2007-2008 Annual Action Plan (2005-2010 Consolidated Plan) appropriating $238,750 of unappropriated CDBG program income funds as contained in the attached Staff Report; and (3) authorizing the City Manager to execute any and all mID contracts or documents as per mID regulations. (R41B) RES. 2009-102 - Resolution of the Mayor and Conunon Council of the City of San Bernardino approving the 2009-2010 Consolidated Annual Action Plan as it pertains solely to the allocation of Conununity Development Block Grant (CDBG) and Emergency Shelter Grant (ESG) Funds to Time For Change Foundation and Knotts Family & Parenting Institute. (R41C) Mayor/Chairman Morris opened the hearing. Economic Development Agency Interim Executive Director Marzullo stated that the City of San Bernardino is an entitlement City in the Community Development Block Grant Program. He stated that there are three broad objectives in the Community Development Act: I) to serve low and moderate income persons; 2) to address issues of urban blight; and 3) to address projects or issues of an urgent need. Mr. Marzullo stated that the Community Development Block Grant Program has specifically been allocated $3.5 million and they have a number of projects that have been proposed for public services as well as projects that have been proposed for services that meet one of the other two objectives in the act. He stated that there are projects that have been proposed by individual nonprofit organizations and projects that have been evaluated by the City's Citizen Review Committee that has looked at all the projects and made a recommendation to the RDA Committee as to their appropriateness under one of those objectives and to a 22 04120/2009 funding amount. There are 24 public service activities recommended for funding for a total of $350,000. Additionally, there are other program amounts that vary from Code Enforcement activities to Fire Department vehicle leases, beautification services, literacy programs, etc. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals, that they would provide true and honest testimony: Deborah J. Davis, requested CDBG funding for the Legal Aid Society of San Bernardino. She stated that she had been chosen to make the presentation to the committee; however, she had a personal emergency and was unable to attend. Frederic Deycard, requested funding for the Legal Aid Society of San Bernardino. Joseph Rodriguez, thanked the Mayor and Council for their continued support and spoke regarding the Gang Reduction Intervention Program and announced the implementation of a new program called "RN Mentor". Karen Goodyear, requested funding for the Inland AIDS Project. Carey Jenkins, Director of Housing and Community Development, stated that the cumulative score of the Inland Aids Project did not meet the required threshold for funding under the recommended funding allocations by the committee. He stated that they received II out of 21 points. Mr. Jenkins stated that the Legal Aid Society had presented a strong written application, but because they were not present at the CDCAC meeting to give their oral presentation they received a zero score. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Brinker, that funding in the amount of $15,000 be granted to the Legal Aid Society of San Bernardino. No vote was taken. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that funding in the amount of $15,000 be granted to the Inland Aids Project. No vote was taken. Council Member/Commissioner Brinker stated that he had a conflict due to the fact that his wife is doing contract work with Time for Change Foundation and Knott's Family & Parenting Institute. 23 04120/2009 Agency Counsel Sabo suggested that where Time for Change Foundation appeared, both in the title and in the text of the two resolutions, that they also add Knott's Family & Parenting Institute. Council Member/Commissioner Kelley amended his original motion, seconded by Council Member/Commissioner Brinker, that $15,000 in CDBG funding be provided to both the Legal Aid Society of San Bernardino and the Inland Aids Project. The motion carried unanimously with McCanunack absent. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolutions A & B be adopted, excluding the grants to Time for Change Foundation and Knott's Family & Parenting Institute. The motion carried and Resolution Nos. 2009-100 and 2009-101 were adopted unanimously with McCammack absent. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that resolution C be adopted, adding the grant to Knott's Family & Parenting Institute. Resolution No. 2009-102 was adopted with Brinker abstaining and McCanunack absent. R42. Joint Public Hearing - AHEPA National Housing Corporation/AHEPA Local Arrowhead 302 Chapter - Amendment No. 2 to the 2005 HOME Funds Loan and Grant Agreement RES. 2009-103 - Resolution of the Mayor and Conunon Council of the City of San Bernardino approving an Amendment to the City's 2005-2010 Consolidated Plan and the 2006-2007 Action Plan allocating $60,000 in Federal HOME Grant Funds to AHEPA National Housing Corporation - AHEPA Local Arrowhead 302 Chapter. (R42A) RES. CDC/2009-12 - Resolution of the Conununity 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. 2 to the 2005 HOME Funds Loan and Grant Agreement by and between the Agency and AHEPA National Housing Corporation - AHEPA Local Arrowhead 302 Chapter. (R42B) Mayor/Chairman Morris opened the hearing. No public comments were received. 24 04/2012009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolutions A and B, be adopted. The motion carried and Mayor and Conunon Council Resolution No. 2009-103 and Conununity Development Commission Resolution No. CDC/2009-12 were adopted unanimously with Kelley and McCammack absent. R43. Targeted Employment Area Boundaries for the San Bernardino Valley Enterprise Zone RES. 2009-104 - Resolution of the Mayor and Conunon Council of the City of San Bernardino approving the proposed Targeted Employment Area Boundaries for the San Bernardino Valley Enterprise Zone. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2009-104 was adopted unanimously with Kelley and McCanunack absent. R44. Rosenow Spevacek Group, Inc. - Professional Services Agreement to assist with the 5-Year Implementation Plan and 10-Year Housing Compliance Plan RES. CDC/2009-13 - Resolution of the Conununity 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 Professional Services Agreement by and between the Agency and Rosenow Spevacek Group, Inc., for the preparation of the 2009-2014 5-Year Implementation Plan and the 2009-2019 10-Year Housing Compliance Plan as required by the California Conununity Redevelopment Law (Excluding Uptown Redevelopment Project Area). (R44A) RES. CDC/2009-14 - Resolution of the Conununity 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 Professional Services Agreement by and between the Agency and Rosenow Spevacek Group, Inc., for the preparation of the 2009-2014 5-Year Implementation Plan and the 2009-2019 10-Year Housing Compliance Plan as required by the California Conununity Redevelopment Law (Uptown Redevelopment Project Area). (R44B) 25 04/2012009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolutions A and B, be adopted. Resolution Nos. CDC/2009-13 and CDC/2009-14 were adopted unanimously with Kelley and McCanunack absent. R45. Acceptance of funding approval and Grant Agreement for the Neighborhood Stabilization Program RES. 2009-105 - Resolution of the Mayor and Conunon Council of the City of San Bernardino, California, approving the funding and Grant Agreement for the Neighborhood Stabilization Program (NSP) Funds as authorized and appropriated under the Housing and Economic Recovery Act of 2008. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Brinker, that said resolution be adopted. Resolution No. 2009-105 was adopted unanimously with Kelley and McCammack absent. PLANNING ITEMS 46. Item moved to #27 47. Appeal Hearing - Conditional Use Permit No. 08-21 (Appeal No. 08-07) - Appeal of the Planning Commission's denial of a Conditional Use Permit to convert an existing 6,747 square foot church building into a 56-bed homeless shelter with related support facilities and office space located at 840 North Sierra Way in the RM, Residential Medium, land use district. (Continued from April 6, 2009) The hearing was closed at the Council/Commission meeting of April 6, 2009. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of May 18, 2009. The motion carried unanimously with McCanunack absent. NB1. Appoint New Chief of Police Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Kelley, that the matter arose subsequent to the posting of the agenda. The motion carried unanimously with McCammack absent. Richard Lawhead, Police Officers Association President, stated that the process was very professional, there were five very qualified candidates, and he was happy with the individual that was chosen. 26 04120/2009 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the appointment of Keith Kilmer as Chief of Police effective June 1, 2009, be approved. The motion carried unanimously with McCanunack absent. 48. Public Conunents Joe Ortiz, thanked all those who participated in the tea party tax protest that took place at City Hall on April 15, 2009, and he thanked The Sun newspaper for recognizing that event. 49. Adjournment At 7:51 p.m., the meeting adjourned. The next joint regular meeting is scheduled for 1:30 p.m., Monday, May 4,2009. RACHEL G. CLARK City Clerk BY~,O jnd~.,l,f~ ) Linda Sutherland Deputy City Clerk 27 04/20/2009