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HomeMy WebLinkAbout05-18-2009 Minutes CITY OF SAN BERNARDINO 300 N. "D" Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Palmk J. Morris CouncU Members: Esther EstradfJ Dennis J. Baxter Tobin Brinker Fred Shorett Chas Kelley RiKke Van Johnson Wendy McCommack ~ MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 18. 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 1:36 p.m., Monday, May 18, 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. McCammack; City Attorney Penman. Acting City Manager Sassoon. City Clerk Clark. Absent: None. Council Member/Commissioner McCammack left at 7:10 p.m. Mayor/Chairman Morris left at 7:25 p.m. L Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): 1 05/1812009 People of the State of California, actin~ by and throu,gh the Department of Transportation v. Macy's California, LLC. A California Limited Liability Company et aI. - San Bernardino County Superior Court. Case No. SCVSS 145059; Jane Batev. et aI. v. City of San Bernardino - San Bernardino County Superior Court, Case No. SCVSS 141503; Redevelopment A~ency of the City of San Bernardino v. Jaime Alvarez et al. - San Bernardino County Superior Court, Case No. SCVSS 86091; Dennis Jackson, et aI. v. City of San Bernardino. et aI. - San Bernardino County Superior Court. Case No. CIVSS 800797. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I). (2), (3) (A~F) of Government Code Section 54956.9: Denny's Restaurant Shooting Inland Communities Corp. v. City of San Bernardino (Paradise Hills) 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. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6. G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional item would be discussed in closed session under Agenda Item No. lB, significant exposure to litigation: Mobile home park owners vs. City of San Bernardino. 2 05/18/2009 Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Captain Stephen Ball of the Salvation Army. The pledge of allegiance was led by Bowen Dixon. a 5th grade student from Barton Elementary School. 2. Reappointments - Mobile Home Board - Mayor Morris . Steven Oquendo . Robert Hampton . Sandra Kurkoske Council Member/Commissioner Johnson made a motion. seconded by Council Member/Commissioner Estrada, that the reappointments of Steven Oquendo, Robert Hampton, and Susan Kurkoske to the Mobile Home Board. as requested by Mayor Morris. be approved. The motion carried unanimously. 3. Presentations & Proclamations Council Member/Commissioner Brinker presented the Student of the Month Award to Carli Lessard. a student at Richardson Prep Hi Middle School. Mayor/Chairman Morris and Council Member/Commissioner McCammack presented a proclamation designating May 2009 as Lyme Disease Awareness Month to Anne Mears. Rabbi Cohn, Chairman of the City's Bicentennial Committee, announced that the committee would be celebrating the 199th birthday of the City of San Bernardino from 12~1 p.m., Wednesday, May 20, 2009, on the steps of City Hall. Jane Sneddon. a member of the Bicentennial Committee, presented a report on the plans for the May 22.2010, Bicentennial Parade. Mayor/Chairman Morris presented a proclamation designating May 17-23, 2009, as National Public Works Week to Ken Fischer. Public Services Director; Randy Kuettle. Deputy Director/Maintenance Services; Valerie Ross, Development Services Director; and Robert Eisenbeisz, City Engineer. Mayor/Chairman Morris presented a resolution of commendation to Assistant City Manager Lori Sassoon in appreciation of her outstanding deeds. accomplishments, and dedicated service. and congratulated her on her new position as City Manager in the City of Villa Park. 3 05/1812009 The following individuals were presented a service pin award by Mayor/ Chairman Morris in recognition of their many years of dedicated service to the City: Name Delisa Billups~Jones Miguel Castro Rita Comad Larry Husted Millicent Price Raymond Bonshire Sharon Crawford John Diaz Brian Smith 4. Announcements Department Development Services Facilities Management Finance Fire Library Police Police Police Police Years of Service 5 35 15 30 20 5 10 25 25 Announcements were made by the Mayor. members of the Common Council. elected officials. and a representative from the Chamber of Commerce regarding various civic. community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried unanimously. 6. Claims & Payroll Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated April 29. 2009. from Barbara Pachon, Director of Finance. be approved. The motion carried unanimously. 7. Persounel Actions No personnel actions were submitted. 4 05/18/2009 8. ORD. MC-1305 - An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Section 5.82.020 of the San Bernardino Municipal Code relating to the violation of any condition of an Operator's Permit. FINAL READING (Continued from May 4, 2009) Council Member/Commissioner Baxter made a motion. seconded by Council Member/Commissioner Johnson, that said ordinance be adopted. Ordinance No. MC-1305 was adopted unanimously. 9. RES. 2009-118 - Resolution of the Mayor and Common Council of the City of San Bernardino requesting that the City of San Bernardino's primary election be consolidated with the November 3, 2009 consolidated election conducted by the County of San Bernardino. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson. that said resolution be adopted. Resolution No. 2009-118 was adopted unanimonsly. 10. Set budget hearing dates for FY 2009/10 budget Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council set budget workshop dates for June 3. 9. 16, 24, and 29 at 4:00 p.m. in the Economic Development Agency Boardroom to review the Fiscal Year 2009/10 City and Economic Development Agency Budgets. The motion carried unanimously. 11. Authorize the Director of Development Services to execute Contract Change Order No. Two with Weka, Inc. for Sewer Force Main and Colton Lift Station improvements at Inland Center Drive - Sewer Main & Sewer Encasements at Mill Street (SW08-08) 1-215 Freeway widening (Segment 3) and authorization to amend the FY 2008/09 budget Council Member/Commissioner Baxter made a motion. seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2008/09 budget by increasing the revenue of Fund No. 242 (Street Construction) by $170,000 and allocate this additional amount to Account No. 242~362~5504-7747 "SW08~08 Segment 3 Sewer Relocation along 1-215 Freeway"; and that the Director of Development Services be authorized to execute Contract Change Order No. Two with Weka, Inc. for the Sewer Force Main and Colton Lift Station improvements at Inland Center Drive - Sewer Main & Sewer Encasements at Mill Street (SW08~08) 1-215 Freeway widening (Segment 3). The motion carried unanimously. 5 05/18/2009 12. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for Services and issuance of a purchase order to Modular Space Corporation, for Public Services Modular Building and Related Equipment in the City of San Bernardino per RFQ #F-09-10. Council Member/Commissioner McCamrnack stated that in light of the fact that the City Council has been considering selling the Integrated Waste Management Division for some time, she questioned why the City would spend $311,000 on an investment on which they would never see a return. She stated that she had several safety concerns regarding the City yard. and felt that more money would have to be invested in this project to make it work. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada. that the matter be tabled. The motion carried with Baxter and Brinker voting "no". 13. Resolution of the Mayor and Common Council of the City of San Bernardino approving a side letter to Resolution 2006-66 for full-time, fire safety employees, amending the current language in Article III, Compensation: Section 1, Salaries, Subsection (A); Article IV, Fringe Benefits: Section 1, HealthlRelated Insurance, Subsection (C); Article IV, Fringe Benefits: Section 4, Deferred Compensation; Article IV, Fringe Benefits: Section 7, Vacation and Holiday Sell-Back; Article IV, Fringe Benefits: Section 8, Welfare Benefit Trust; Article V, Leave Provisions: Section 1, Vacation, Subsection (E); adding Article IV, Fringe Benefits: Section 9, Post Employment Health Plan Programs; Article V, Leave Provisions: Section 7, Budget Concession Leave; and Article VII, General Provisions, Section 2, Tenn. City Clerk Clark stated that staff had requested that this matter be continued for two weeks. Note: No resolution was distributed with the backup material. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of June 1. 2009. The motion carried unanimonsly. 14. RES. 2009-119 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the San Bernardino City Unified School District and the City of San Bernardino for high school graduation security. 6 05/18/2009 City Attorney Penman abstained as his wife is a member of the San Bernardino City Unified School District Board of Trustees. He stated that Tim Sabo had reviewed and signed the documents. Council Member/Commissioner McCammack abstained as the San Bernardino City Unified School District is a business client. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson. that said resolution be adopted. Resolution No. 2009-119 was adopted with McCammack abstaining. 15. RES. 2009-120 - Resolution authorizing the Police Department to participate in the San Bernardino County Data Sharing Initiative and authorizing the Chief of Police to execute the San Bernardino County Data Sharing Initiative Memorandum of Understanding (MOU). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson. that said resolution be adopted. Resolution No. 2009-120 was adopted unanimously. 16. RES. 2009-121 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the Amendment to the Memorandum of Understanding (MOU) with the San Bernardino County Auto Theft Task Force (SANCATT). Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Johnson. that said resolution be adopted. Resolution No. 2009-121 was adopted unanimously. 17. An Ordinance of the City of San Bernardino amending Chapter 15.37 of the San Bernardino Municipal Code related to the Historic Building Demolition Ordinance. FIRST READING Council Member/Commissioner Brinker made a motion. seconded by Council Member/Commissioner Baxter, that said ordinance be laid over for [mal adoption. The motion carried unanimously. 18. Appeal Hearing - Appeal City Clerk's denial of the fireworks stand application submitted by the San Gorgonio High School Tennis Team Mayor/Chairman Morris opened the hearing. City Clerk Clark stated that in order to apply for a fireworks stand license every organization must have a 501(c) (3) non-profit exemption from the Federal 7 05/18/2009 Government. She stated that the San Gorgonio High School Tennis Team did not provide proof of their 501(c) (3) exemption; however, they provided a letter from their CPA stating that the San Bernardino City Unified School District has an exemption. She stated that her concern was that if in fact they wanted to apply under the umbrella of the San Bernardino School District. the application should have come from the School District; otherwise. the School District would be assuming that responsibility and liability. Council Member/Commissioner Kelley made a motion. seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council grant the appeal and allow the San Gorgonio High School Tennis Team the opportunity to apply for and provide their 501(c) (3) to the City before the deadline. The vote was taken following additional discussion. City Clerk Clark stated that her only concern was that this could be setting a precedent and would open the door for others to request similar waivers. Council Member/Commissioner Kelley stated that ultimately it was the decision of the policy makers of the City. City Attorney Penman stated that it was not a policy decision, but was a legal matter. He stated that the ordinance mandates that any group must have a 501(c) (3) and the Council did not have the legal authority to waive that legal requirement. He stated that the Council could amend the ordinance and remove that requirement if they wished to do so, but as long as that requirement is on the books. the Council would in effect be breaking the law if they were to grant an exception to any organization regardless of who they are. The ordinance clearly requires that the applicant include a copy of their 501(c) (3) verification of non~ profit status or demonstrate that it is a non~profit organization, group, association, etc.. which is organized primarily for veteran, patriotic. welfare, civic or social betterment (including public or private school clubs. groups. organizations or such other public or private school affiliates). or charitable purposes. Mr. Penman stated that the City Clerk's determination was that they did not meet that requirement; and he had not seen any evidence that suggested that they did. He stated that his office had not looked into the issue of whether or not they would qualify under the School District's status. but he agreed with the City Clerk that they need to have that 501(c) (3) or they need to meet one of the other requirements. He stated that it would not be appropriate for the Council to make a decision to grant a license to someone that doesn't have a 501(c) (3). He stated that if the Council wanted to continue the matter his office could look into whether they would qualify, but he didn't know how much time was available. 8 05/18/2009 Mayor/Chairman Morris recommended that the matter be continued to June I to give the City Attorney an opportunity to look into this matter more thoroughly. City Clerk Clark stated that time is of the essence only because organizations are waiting for the drawing to take place and those organizations that are selected will need time to apply for permits and get volunteers between now and June 28. Cindy Buechter, Business Registration Manager. stated that not only do they have to have the 501(c) (3). but the group has to have been established as that non- profit organization in the City for one year. She stated that she didn't know whether that meant that the 501(c) (3) had to have been in place for one year, or just the group itself; and for that information she would have to defer to the City Attorney's office. Pursuant to Resolution No. 2000-279. City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Patrick Kahler, Head Tennis Coach of the San Gorgonio High School Tennis Team. stated that when he asked for approval from the School District for this fundraising activity and requested a copy of the 50 I (c) (3), they provided him with a letter and told him that they are a government entity-they are not a non~ profit organization like a church or a charitable group. He stated that it would cost $300 to apply for a 501(c) (3), and that would pay for nniforms. restringing rackets, or extra equipment. Mr. Kahler stated that if the Council deems that they are not a non-profit organization. he requested that the $75 appeal fee be returned. He urged the Council to grant the appeal. Mayor/Chairman Morris asked if it would be feasible to grant a two~week continuance. Ms. Buechter stated that permits would have to be obtained through Development Services and the Fire Department after the placement of the booths by the Fireworks companies. She stated that if the Council continues the matter to June I, and depending on what the decision is. the drawing could be held on June 2; however. they would be leaving those groups with a shortened timeframe in which to get organized. City Attorney Penman stated that if the Tennis Club did not have a 501(c) (3), he believed it would be a simple matter to get a letter from the School District or the principal of San Gorgonio High School demonstrating their non-profit status. provided that they have complied with all other requirements. Council Member/Commissioner McCammack stated that she was concerned that this non~profit organization had to pay for this appeal process and she wondered 9 05/18/2009 why their request was denied if the ordinance contains language that allows them to demonstrate their non~profit status, which they did by submitting a letter. City Attorney Penman stated that he did not believe there was a demonstration because the letter did not come from the school or the school district. Council Member/Commissioner Johnson stated that at some point the Council was going to have to address the fact that they are allowing fireworks stands below the 30 Freeway and they have this division of allowing fireworks in one particular part of the City and not in the other. He stated that they keep talking about fires and this certainly adds to the issue of safety in the City. He stated that the non~profit organizations are going to have to think of other ways to raise money. Jay Lindberg spoke in support of granting the application submitted by the San Gorgonio High School Tennis Team. Mr. Penman asked if the motion was to include a refund of the appeal fee to the applicant. assuming they are successful in their demonstration. Council Members/Commissioners Kelley and McCammack answered in the affirmative. Council Member/Commissioner Kelley amended his original motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; that the Mayor and Common Council grant the appeal and allow the San Gorgonio High School Tennis Team the opportunity to demonstrate their non~profit status; and that the $75 appeal fee be refunded. The motion carried unAnimously. 19. Appeal Hearing - Appeal of the Bureau of Franchises' denial of a Petition for Franchise Permit for Express Transportation dba AA Inland Empire Cab to operate two (2) taxicabs in the City of San Bernardino Mayor/Chairman Morris opened the hearing. Cindy Buechter. Business Registration Manager, reviewed higWights of the staff report. City Attorney Penman advised that whatever the outcome was on this matter it would have to be continued in order for fmdings to be made in support of the Council's decision. Council Member/Commissioner Estrada asked if the basic premise was that the City should only have "x" number of taxicabs. 10 05/18/2009 Ms. Buechter stated that the premise was the public convenience for additional taxi service in the City. Council Member/Commissioner Estrada asked what specific requirements the applicant had to prove. City Attorney Penman stated that Section 5.76.060 (B) of the Municipal Code states: "Not more than one taxicab, excluding dial-a-ride taxicabs, shall be permitted for each two thousand five hundred residents of the City. or major portion thereof." He stated that the maximum number of vehicles is 82. and currently there are 80 vehicles. which meant that two additional taxicabs could operate in the City. Council Member/Commissioner Estrada asked if the application was denied because the applicant could not provide the additional two cabs. Ms. Buechter stated that the applicant was denied because the Bureau believed they did not demonstrate the public convenience and necessity. Council Member/Commissioner Estrada asked how the applicant had to prove the public convenience and necessity. Ms. Buechter stated that that is determined by the members of the Bureau. Council Member/Commissioner Estrada asked what were the Bureau's objections. Sr. Deputy City Attorney Empeiio stated that Section 5.76.050 of the City's Municipal Code discusses what constitutes public convenience and necessity and the language, although broad. has been interpreted by court cases as giving a lot of discretion and latitude to the legislative body. The ordinance states: "The Bureau. in determining whether or not such facts exist. shall take into consideration the public demand for such service, the adequacy or inadequacy of service being rendered by other carriers, the effect of such service upon traffic. the fmancial responsibility of the applicant, the amount of wages to be paid to employees, the character of equipment proposed to be furnished. and any and all other facts which the Bureau may deem relevant. " Mr. Empeiio stated that there is a maximum limit of 82 cabs, but to decide whether those two additional vehicles should be granted to this applicant, not granted at all to any carrier, or granted to the existing franchise holder, Bell & Yellow Cab, is within the discretion of the Council. 11 05/18/2009 Pursuant to Resolution No. 2000-279, Deputy City Clerk Buechter administered an oath to the following individuals that they would provide true and honest testimony: Larry Quiel, representative for the Chamber of Commerce, stated that he is embarrassed by the condition of the taxicabs and the fact that they run late. He stated that competition would be good for the City. He recommended that the Council consider changing the existing ordinance to allow as many cabs as are needed to operate in the City. Terri Berger, General Manager of AA Inland Empire Cab Co.. spoke regarding monopolies in taxicab companies. stating that it's usually the consumer that ends up getting short-changed by getting charged higher rates and having longer wait times. Tammy Brooks Wafford stated that she doesn't see many cabs. but the few she has seen are dirty and they don't run on time, and the drivers are rude. William Hunter stated that he is appalled by the taxi service in the City and he felt competition would improve service. prices. and the quality of the cabs. Terrell Brooks stated that he rarely sees any cabs in the City of San Bernardino and felt that competition would provide better customer service. Paul Waller stated that he would like to see better service because taxicabs in the City are always late. Michael Baptiste, taxicab driver for AA Inland Empire Cab Co., stated that the cabs are always late and he did not understand how one company could be allowed to monopolize taxi service in the City of San Bernardino. He added that most cab drivers dress inappropriately. Kevin Colgan stated that he is currently a taxicab driver for AA Inland Empire Cab Co., but prior to that he had been a taxicab driver for Bell & Yellow Cab for 30 years. He stated that he has seen drivers for Bell & Yellow refuse to take calls because they were in bad neighborhoods or because they would only make $6-8. Bill Lemann, Attorney for Bell & Yellow Cab Co., stated that Bell & Yellow has 45 licenses in Riverside and 70 licensed drivers in the City of San Bernardino. He stated that the company installed a state-of-the~art computerized system that provides a history of every phone call that's been made in the last 15 years and that report shows that 88 percent of all phone calls are responded to within 15 minutes, and 95 percent are responded to within 20 minutes. He stated that for 12 05/18/2009 15 years he has been attending the meetings of the Bureau of Franchises and not once during that time has there been a complaint against Bell & Yellow. and no complaints have been made to the City Clerk's office. Mr. Lemann stated that taxi service is very good in the City of San Bernardino. but he felt that adding two cabs would cause problems in terms of monitoring what goes on and identifying quality of service. He stated that the reality is that in the taxicab business in the City of San Bernardino, having one company headquartered here and one company to identify quality of service, is more efficient. Mr. Shawel stated that since 1999 AA Inland Empire Cab has had a computerized dispatch system that is fully integrated with GPS. He stated that they are a franchise holder in the City of Riverside and plan to offer the same services in the City of San Bernardino. Chris Christman, President of Bell & Yellow Cab Co., spoke regarding competition in the taxi industry. He stated that in 2007~2()(}8 the business market for taxicab travel decreased by 40 percent due to the high cost of fuel. He stated that at one point in time he had 17 cars parked because people couldn't afford the gas. Mr. Christman stated that every driver is an independent businessman or businesswoman and because of that they compete with each other to provide the best service. He stated that there are 50-60 drivers out there competing for the same dollar, and service is the only thing they have to sell. Mr. Christman stated that they are upgrading their fleet to natural gas cars and they will be going into service in about two weeks. He stated that ten percent of their fleet is comprised of wheelchair handicapped vehicles and they make over 1,000 trips per month for the handicapped. He stated that if two permits are granted to the applicant it will open up a floodgate because there will be no control over which two cars actually have a permit. Council Member/Commissioner Kelley made a motion. seconded by Council Member/Commissioner Brinker. that the hearing be closed; that the Mayor and Common Council uphold the Bureau of Franchises' denial of a Petition for Franchise Permit for Express Transportation dba AA Inland Empire Cab. to operate two (2) taxicabs in the City of San Bernardino; and that the matter be continued to June 1, 2009. for adoption of fmdings. No vote was taken. Council Member Commissioner Estrada asked how the City monitors the activities of the cab company. Ms. Buechter stated that everything is funneled to the Bureau of Franchises per the Municipal Code, so the City Clerk's office would receive any complaints 13 05/18/2009 which would then be brought forward to the Bureau of Franchises. She stated that the Bureau at any time has the authority or can ask the existing service provider to bring in any kind of reports or to look at their time responses. The taxi ordinance is extremely old and the Bureau has looked at that ordinance and has gone through it section by section and has made recommendations for some revisions; however, that was never brought forward to the Council. She stated that there are provisions in the ordinance that the cabs are to be inspected. but it was her understanding that that job classification no longer existed. City Attorney Penman stated that Section 5.76.580 of the Municipal Code regarding enforcement states: ".. .the Chief of Police. who is charged with the duty of enforcement of all provisions of this and other ordinances pertaining to the operation of vehicles for hire." Mr. Penman also cited Section 5.76.330. which states: "Such vehicles shall at all times be kept in a clean and sanitary condition and in a good state of repair, and shall be subject to inspection at all times by the Bureau, or its representative. Any vehicle which becomes unsafe, unclean, or unserviceable. or mechanically defective may be retired from service upon order of the Bureau, and no vehicle which has been so retired shall be again operated in such service except with approval of the Bureau." Mayor/Chairman Morris asked why the revised ordinance was not brought forward to one of the Council committees for review. Ms. Buechter stated that the recommendation was to bring it forth to the Legislative Review Committee because she believed there were still some questions that the Bureau Members had regarding the proper language and they needed guidance. but she was not sure where it died in the process. Council Member/Commissioner Estrada stated that her concern was that there was no real monitoring of taxi services in the City, and she felt that the ordinance should go forward to the LRC for review. Council Member/Commissioner Brinker stated that cab companies have the technology that allows them to see where their cabs are within the City and he didn't know why that information could not be put on the internet so everyone would be able to see where the cabs are and the consumer could then make the decision as to who was going to provide service to them. Council Member/Commissioner Shorett stated that he was not sure that the people who use cabs would even know where they should take their complaints. He stated that he didn't think he would have known to complain to the City Clerk's office or to the Bureau of Franchises if he had a problem with cab service. 14 05/18/2009 Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Shorett, that the hearing be closed; that the Mayor and Common Council grant the appeal for a Petition for Franchise Permit for Express Transportation dba AA Inland Empire Cab to operate two (2) taxicabs in the City of San Bernardino; and that the matter be continued to June 1. 2009. for adoption of findings. City Clerk Clark stated that if the Council wanted this item to go back to the LRC for review of the ordinance, she suggested that they also consider the possibility of transferring the duties of the Bureau of Franchises to the Police Commission because of issues they have had with appointing members to the Bureau and obtaining a quorum to discuss matters. many of which come under the purview of the Police Department. Council Member/Commissioner Baxter amended his original motion. seconded by Council Member/Commissioner Shorett. that the hearing be closed; that the Mayor and Common Council grant the appeal for a Petition for Franchise Permit for Express Transportation dba AA Inland Empire Cab to operate two (2) taxicabs in the City of San Bernardino; that the matter be continued to June 1. 2009, for adoption of findings; and that the matter be referred to the Legislative Review Committee for possible review of the taxicab ordinance and perhaps transferring the duties of the Bureau of Franchises to the Police Commission. The motion carried with Brinker and Kelley voting "no". 20. Public Hearing - Resolutions establishing certain fees for services furnished by the City of San Bernardino; an ordinance clarifying the City's authority to charge for certain fees; and draft ordinances to be referred to the Legislative Review Committee. (Continued from May 4, 2009) RES. 2009-122 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, and superseding all prior fee resolutions. (20A) RES. 2009-123 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing the schedule of penalties for parking violations set forth in the City of San Bernardino Municipal Code and the California Vehicle Code, and superseding Resolution 2008-315. (20B) 15 05/1812009 An Ordinance of the City of San Bernardino amending Sections 8.27.100, 8.30.130, 8.36.070, 12.64.020, and 15.28.150 of the San Bernardino Municipal Code and adding Sections 12.80.055 and 12.80.100(C) through (F) thereto to incorporate into the Municipal Code language contained in the Master Fee Resolution, to clarify the process for obtaining a permit to consume alcoholic beverages in a park, and to authorize fees relative to processing of information concerning liens. FIRST READING (2OC) 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 (20D) Note: Ordinance No. 20D was not distributed with the backup material. 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 (20E) Note: Ordinance No. 20E was not distributed with the backup material. The hearing remained open. Jay Lindberg stated that some of the proposed fee increases were outrageous and flat out unreasonable. Council Member/Commissioner Estrada made a motion. seconded by Council Member/Commissioner Baxter, that the hearing be closed; that said Resolutions A and B, be adopted, as amended deleting Part III, Section 7 of Resolution A regarding Animal Control; that said ordinance C, be laid over for [mal adoption; and that said draft ordinances D and E. be referred to the Legislative Review Committee for further discussion and review. The motion carried and Resolution Nos. 2009-122 and 2009-123 were adopted with KeUey and McCarnrnack voting "no" . 21. 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 ceUular tower disguised as a functional fire hose rack (APN 0285-191-05). (Continued from May 4, 2009) 16 05/1812009 Council Member/Commissioner Baxter made a motion. seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of June I, 2009. The motion carried unanimously with McCammack absent. 22. Resolution of the City of San Bernardino approving Liceuse 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#54COO66). (Continued from May 4, 2009) Note: No resolution was distributed with the backup material. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council! Commission meeting of June I, 2009. The motion carried unanimously with McCammack absent. 23. Resolution of the City of San Bernardino authorizing the execution of Pipeline Liceuse Agreements with the BNSF Railway Company for sewer relocation work to be performed by the City at Sprnce Street and at 10th Street, relative to the 1-215 widening. (Continued from May 4, 2009) Note: No resolution was distributed with the backup material. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of June I, 2009. The motion carried unanimously with McCammack absent. 24. Discussion of Possible Grant Opportunities Council Member/Commissioner McCammack stated that she brought this item forward in order to discuss grants that the City is able to apply for that either they have not yet applied for or for some reason the City made the decision not to apply for them. She stated that there is a grant called Staffing for Adequate Fire and Emergency Response (SAFER). which is not to be used for equipment or to build infrastructure, but was actually to be used to fund firefighters; however, the deadline for this grant was May 20, 2009, and she was going to ask the Council to take action. Council Member/Commissioner McCammack stated that several cities applied for this grant and were awarded funds including the County of San Bernardino. which was awarded $532,000 on April 4. 2009. She stated that this particular grant could be used to enhance staffing and should provide all the frontline. first 17 05/1812009 due apparatus of SAFER grantees and they have a minimum of four trained personnel to meet the OSHA Standard of two men in and two men out. Ultimately. a faster. safer and more efficient incident scene will be established and communities will have more adequate protection from fire and fire related hazards. The Federal share of salaries and associated benefits is limited to $105,000 per position over the course of the performance period. There is no funding limit for any application. or any limit to the number of positions eligible for funding per application. Fire Chief Conrad stated that Deputy Chief Fratus had been working on this quite a bit and discovered that what is coming due on Wednesday is the Assistance Firefighter Grant which they have applied for in the sum of $351,000 to replace breathing apparatus, but that grant cannot be used for staffing. He stated that he has been in contact with Washington regarding the SAFER Grant which will open up in the summer for this next application period, at which time they will certainly go to the Grants Committee to determine whether it is appropriate. Chief Conrad stated that there are very few grants out there that actually pay staffmg and the SAFER Grant contains a lot of conditions. He stated that the money they give you is for five years, so that $100,000 is spread out over five years and you also have to commit to having that staffmg for that full period of time. He stated that the City should think this through very carefully, but it is something they would certainly consider. He stated that they did apply for it in 2006/2007 and in 200712008. but they did not receive it either of those years because it is a very competitive grant. He stated that they look more to the smaller rural fire departments and. in fact. only 17 percent of the awards they made last year went to City fire departments with full-time staffmg because they are trying to augment staffing in a lot of the less wealthy fire departments. Fire Chief Conrad stated that the Fire Department received a grant for $484,000 that will allow them to put exhaust systems in all fire stations and complete the purchase of fire shelters, and they have another grant in the amount of $321.000 that will pay for defibrillators, generators. etc. He stated that they are very aggressive in applying for grants and they have applied for everything they can find. and now they are hearing about some new opportunities with the stimulus package. but they have not seen any of them come along yet, but they will certainly get in line with everybody else. Chief Conrad stated that in previous years the SAFER Grant would only fund newly created positions and it made no sense to apply for a grant that would only cover 10-15 percent of the cost and required the creation of several new positions. He stated that it was his understanding that this year the grant would allow them to fund positions that have been eliminated due to lay offs or other reasons. 18 05/18/2009 Chief Conrad stated that the fire service has not historically received a lot of grant monies compared to law enforcement, but they have increased the grant monies available for building fire stations to $210 million nationally, and they will certainly compete for that grant also, but it is a long shot. Lori Sassoon, Acting City Manager, stated that the City Manager's office subscribes to Grants.gov and the City's Federal lobbyists also forward those grant opportunities; and as those deadlines come due they will be forwarded to the Grants Committee. C. Patience Summers stated that she supports local law enforcement and the firefighters; however. she was very disappointed to see that the Fire Chief was not scrounging for every penny of grant money they could get. Council Member/Commissioner Johnson stated that Council Member/ Commissioner McCammack had to leave because she was going to Sacramento; however. before she left she asked him to refer the matter to the Grants Committee so that they could look at how they wanted to address the stimulus funding action. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Kelley, that the matter be referred to the Grants Committee. The motion carried unanimously with McCammack absent. 25. RES. 2009-124 - A resolution of the Mayor and Common Council of the City of San Bernardino fmding a severe fiscal hardship will exist if additional local property tax funds are seized and additional unfunded mandates are adopted by the State of California. Council Member/Commissioner Kelley made a motion. seconded by Council Member/Commissioner Baxter. that said resolution be adopted. Resolution No. 2009-124 was adopted unanimously with McCammack absent. COMMUNITY DEVELOPMENT COMMISSION Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker. Shorett, Kelley. Johnson; City Attorney Penman, Acting City Manager Sassoon, City Clerk Clark. Absent: Council Member/Commissioner McCammack. 19 05/18/2009 R26. RES. CDC/2009-20 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Interim Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute Amendment No. 1 to the 2008 Disposition and Development Agreement by and between the Agency and Maya Cinemas North America, Inc., (Central City North Redevelopment Project Area). Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2009-20 was adopted unanimously with McCammack absent. R27. RES. CDC/2009-21 - 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 Demolition Contract by and between the Agency and J & G Industries, Inc., for the demolition of Agency properties located at 2656, 2695, and 2639 West s<J' Street, San Bernardino (s<J' Street and Meridian Avenue Project). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. CDC/2009-21 was adopted unanimously with McCammack absent. PLANNING 28. 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 20, 2009) The hearing was closed at the Council/Commission meeting of April 6, 2009. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of June 1, 2009. The motion carried unanimously with McCammack absent. 20 05/18/2009 29. Public Comments Jay Lindberg suggested that the City get a bid from San Bernardino County to subcontract out the Fire Department. He spoke about the solar energy industry in the Inland Empire. Betty Jean Long gave the City Council two weeks to answer her question as to what happened to the $20,000 that she claimed belonged to her. She announced that she was going to run for Mayor of the City of San Bernardino. C. Patience Summers spoke regarding the Operation Phoenix molestation case and requested copies of all financial records including any charities associated with Operation Phoenix, and Mayor Morris' personal taxes. 30. Adjournment At 7:32 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for Monday, June 1, 2009. RACHEL G. CLARK City Clerk BY~/~ / Linda Sutherland Deputy City Clerk 21 05/18/2009