HomeMy WebLinkAbout09-08-2009 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
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MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 8,2009
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 1:37 p.m., Tuesday, September 8, 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, Shorett, Kelley, Johnson; City Attorney Penman, Director of
Development Services Ross, City Clerk Clark.
Absent:
Council Members/Commissioners Brinker, McCammack.
Council Member/Commissioner McCammack arrived at 2:04 p.m.
Council Member/Commissioner Brinker arrived at 3:14 p.m.
1. Closed Session
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Louie Jaquai Battee v. San Bernardino Police Department, et al. - San
Bernardino Superior Court, Case No. CIVSS 800939;
Shannon Lavelle Brooks v. City of San Bernardino, et al. - San
Bernardino Superior Court, Case No. CIVSS 813401;
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Michael Desrochers and Steve Lowes v. City of San Bernardino, et aI. -
San Bernardino Superior Court, Case No. CIVSS 708367;
Michael Garland v. State of California and John McQuarter - San
Bernardino Superior Court, Case No. SCVSS 144135.
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:
Inland Communities Corp. v. City of San Bernardino (Paradise Hills)
Glen Baude v. City, Settlement Demand
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
One Case
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.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council and Community Development Commission.
Moment of Silence
A moment of silence was observed in memory of John Nick Cataldo, Bill Bader, Hazel
Scott, Senator Edward M. "Ted" Kennedy, and two L.A. County firefighters, Captain
Ted Hall and Specialist Arnaldo "Arnie" Quinones.
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Invocation/Pledge of Allegiance
The invocation was given by Reverend Petra Mal1eis-Sternberg of First Congregational
United Church of Christ. The pledge of al1egiance was led by Dazianna Williams, a 5th
grade student from Jefferson Hunt School.
2. Appointment - James J. EbIe - Planning Commission - Council Member
Brinker
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the appointment of James J. Eble to the
Planning Commission, as requested by Council Member Brinker, be approved.
The motion carried with Kelley and McCammack voting "no" and Estrada
absent.
3. Presentations
Mayor Morris presented a resolution of commendation to Jim Gerstenslager,
Executive Director of the Western Region Little League Headquarters, in
commemoration of the 40th anniversary of Little League's presence in San
Bernardino. Mr. Gerstenslager then presented the Mayor with a shadowbox
containing a set of pins from the teams who recently participated in the Little
League World Series championship games.
Wayne Austin, Executive Director of the Convention and Visitors Bureau,
announced various events that will take place during the Route 66 Rendezvous
to be held September 17-20 in downtown San Bernardino.
Mayor Morris presented members of DR. NAG (Del Rosa Neighborhood
Action Group) with a resolution commending them for the tireless work they
are doing in the Fourth Ward.
Her Excel1ency Dr. Inonge Mbkikuista-Lewanika from the Embassy of the
Republic of Zambia was presented a proclamation by Council Member Johnson;
and Her Excel1ency then spoke a few words to the Mayor and Council.
Rabbi Hillel Cohn, chairman of the Bicentennial Ad Hoc Committee, introduced
Peggi Hazlett, Assistant to the Mayor, who announced that the 8th Annual
Mayor's Run would be held May 16, 2010, as part of the Bicentennial
celebration.
Garry Cohoe, Director of Freeway Construction, San Bernardino Associated
Governments (SANBAG), provided a PowerPoint update on the 1-215 widening
project.
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4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that full reading of the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council and Community Development Commission, be waived. The motion
carried unanimously.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: July 20,
2009; July 28,2009; August 3,2009. The motion carried unanimously.
7. Claims and Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated August 19,
2009, from Barbara Pachon, Director of Finance, be approved. The motion
carried unanimously.
8. Personnel Actions
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated September 3, 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.
9. RES. 2009-308 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San
Bernardino for legal services in the case of Alicia Garcia & Joseph Rodriguez
v. City of San Bernardino, et aI. - United States District Court Case No.
CV09-04306 DDP (JCx).
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-308 was adopted unanimously.
10. ORD. MC-1312 - An Ordinance of the City of San Bernardino amending
Chapter 19.06, Commercial Districts, Section 19.06.030(2)(F)(4) of the San
Bernardino Municipal Code (Development Code) related to location criteria
for convenience stores. FINAL READING (Continued from August 17,
2009)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance
No. MC-1312 was adopted unanimously.
11. RES. 2009-309 - Resolution of the City of San Bernardino authorizing the
execution of a Letter of Acknowledgement consenting to the assignment of
the lease of a portion of City owned property located at Northpark
University Park, with Omnipoint Communications, Inc., a subsidiary of T-
Mobile USA, Inc., to MobiIitie Investments II, LLC.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-309 was adopted unanimously.
12. RES. 2009-310 - Resolution of the City of San Bernardino authorizing the
execution of a Letter of Acknowledgement consenting to the assignment of
the lease of a portion of City owned property located at Anne Shirrells
Park, with Omnipoint Communications, Inc., a subsidiary of T-Mobile
USA, Inc., to MobiIitie Investments II, LLC.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-310 was adopted unanimously.
13. RES. 2009-311 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing and directing 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).
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted; and that the
Director of Finance be authorized to amend the 2009/10 adopted budget by
increasing revenue Account No. 001-000-4523 by $21,000 and General
Government expenditure Account No. 001-182-5505 by $4,725. The motion
carried and Resolution No. 2009-311 was adopted unanimously.
14. RES. 2009-312 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the award of an annual purchase order for
the City's 800 MHz voice/data backbone, MDC maintenance, dispatch
console maintenance, and user equipment maintenance with the County of
San Bernardino's 800 MHz Group.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-312 was adopted unanimously.
15. RES. 2009-314 - Resolution of the Mayor and Common Council of the City
of San Bernardino rescinding Resolution 2009-300, and authorizing the City
Manager to execute a revised Lease Agreement with the County of San
Bernardino for the lease of a portion of the DeImann Heights Community
Center to be used for the Head Start Program.
Public Comments:
Warner Hodgdon, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2009/2010 Parks &
Recreation budget as outlined in the staff report dated August 19, 2009, from
Kevin Hawkins, Director of Parks, Recreation and Community Services. The
motion carried and Resolution No. 2009-314 was adopted unanimously.
16. RES. 2009-315 - 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 $288,900 with three (3) one-year
extensions at the City's option between the City of San Bernardino and
West Coast Arborists, Incorporated for tree-trimming services throughout
the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-315 was adopted unanimously.
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17. Item deleted
18. RES. 2009-313 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a contract purchase order in the amount of $238,600 with four (4) one-
year extensions at the City's option to Pavement Recycling Systems,
Incorporated for cold planing services, labor and equipment rental for city
street repairs.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-313 was adopted unanimously.
19. An Ordinance of the City of San Bernardino adding San Bernardino
Municipal Code Chapter 9.58, relating to the use of private surveillance
equipment. FIRST READING
Council Member/Commissioner McCammack stated that this ordinance was
initiated by a resident.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be laid over for final
adoption. The motion carried unanimously.
20. On-Call Civil Engineering Design and Project Management Services for the
Capital Improvement Program (CIP) - Report
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the report be received and filed.
The motion carried unanimously.
21. Public Hearing - Resolution changing the name of 34th Street, between
Waterman Avenue and Parkside Drive, to Arrowhead Country Club Way
RES. 2009-316 - Resolution of the City of San Bernardino changing the
name of 34th Street, between Waterman Avenue and Parkside Drive, to
Arrowhead Country Club Way, within the corporate limits of the City of
San Bernardino.
Mayor/Chairman Morris opened the hearing.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
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Warner Hodgdon, San Bernardino, CA, provided comments and suggested
changing the name of Little Mountain Drive to Golf Club Drive.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2009-316 was
adopted unanimously.
22. Resolutions authorizing a Master Cooperative Agreement by and between
Omnitrans, the City of San Bernardino, and the Economic Development
Agency of the City of San Bernardino for the Development of the "E" Street
Corridor sbX Rapid Transit Project. (Continued from August 3,2009)
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Master Cooperative
Agreement by and between the City, the Economic Development Agency
and Omnitrans for the development of the "E" Street Corridor sbX Rapid
Transit Project. (22A)
Resolution of the Community Development Commission of the City of San
Bernardino authorizing the Interim Executive Director of the
Redevelopment Agency to execute a Master Cooperative Agreement by and
between the City of San Bernardino, the Economic Development Agency
and Omnitrans for the Development of the "E" Street Corridor sbX Rapid
Transit Project. (22B)
Note: No resolutions were distributed with the backup materials.
Council Member/Commissioner McCammack abstained because Omnitrans is a
business client.
Staff requested a continuance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 21, 2009. The motion carried with
McCammack abstaining.
23. Resolution of the City of San Bernardino approving an Agreement for
Services with Bureau Veritas North America, Inc. to provide on-call plan
review services for the sbX "E" Street Corridor Bus Rapid Transit Project.
(Continued from August 3,2009)
Note: No resolution was distributed with the backup materials.
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Council Member/Commissioner McCammack abstained because Ornnitrans is a
business client.
Staff requested a continuance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 21, 2009. The motion carried with
McCammack abstaining.
24. 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 August 17, 2009)
Note: No resolution was distributed with the backup materials.
Staff requested a continuance.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of September 21, 2009. The motion carried with
McCammack abstaining.
25. RES. 2009-317 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Grant of Easement to Southern California
Edison across City owned property located on the northeast corner of Palm
Avenue and Irvington Avenue, known as Tom Minor Park (APN 0261-691-
48). (Continued from August 17, 2009)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
2009-317 was adopted unanimously.
26. RES. 2009-318 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of an annual purchase order to Fire Recovery USA to provide billing
services for hazardous spills resulting from traffic collisions. (Continued
from August 17, 2009)
Council Member/Commissioner McCammack pointed out that the City bills
everything else they do in-house, and she did not understand why this should be
handled any differently. She stated she would not be supporting this item.
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2009-318 was adopted with Kelley and McCammack voting "no."
27. 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 $238,000 with three (3) one-year extensions
at the City's option to Rehrig Pacific Company for the purchase of
automated carts for residential refuse services. (Continued from August 17,
2009)
Council Member/Commissioner McCammack noted that the Council had been
given an assessment of the warranty differences, and it appeared that neither of
the written warranties provided by the manufacturers contained what the City
had asked for-that neither agreed to conform to the Request for Quote (RFQ).
Council Member/Commissioner McCammack made a motion to reject all bids,
fine tune the RFQ, and ask the manufacturers to come back with bids that meet
all of the City's bid specifications, including warranty issues.
Randy KuettIe, Deputy Director/Maintenance Services, Public Services
Department, advised that right now they need 1200-1500 carts to fill requests
from the public; and that it would take 6-10 weeks to go through another bid
process. He stated that if the Council awarded the bid tonight they could get
4,760 carts within 2-4 weeks. He added that Otto's carts come unassembIed,
while Rehrig's come completely assembled, and staff had calculated that it
would cost $6,000 for staff to assemble the carts from Otto. He added that the
failure rate of Rehrig's carts is .5 percent.
Kerry Holmes, Otto Environmental Systems, stated that they were the lowest
bidder, they met the specifications, and they place containers all over America.
He added that assembly of the carts was not part of the RFQ-that nobody gave
them the option of shipping assembled containers.
Brad Gust, Rehrig Pacific Company, Los Angeles, CA, pointed out that the
City had gone out for a quote-not a bid; and if the City was looking for the
best value, Rehrig had a low failure rate of only .5 percent.
Council Member/Commissioner McCammack amended her motion, seconded
by Council Member/Commissioner Estrada, that all bids be rejected; that the
item be re-bid; and that in the meantime the department buy $24,999 worth of
carts for immediate use. The motion carried. Ayes: Estrada, Kelley,
Johnson, McCammack. Nays: Baxter, Brinker, Shorett.
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COMMUNITY DEVELOPMENT COMMISSION
Present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Brinker, Shorett, Kelley, Johnson, McCammack; Deputy City
Attorney Grider, Economic Development Agency Interim Executive
Director Marzullo and Agency Counsel Sabo, Director of Development
Services Ross, City Clerk Clark.
Absent:
None.
R28. Waterman Holdings, LLC - Defense, Indemnification and Hold Harmless
Agreement and Easement, Maintenance and Operation Agreement (Central
City East Redevelopment Project Area) (Continued from August 17, 2009)
RES. 2009-319 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Defense, Indemnification and Hold
Harmless Agreement by and between the City of San Bernardino and
Waterman Holdings, LLC, concerning real property (4th Street and
Waterman Avenue - APN: 0135-191-17) (Central City East Redevelopment
Project Area). (R28A)
RES. 2009-320 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an Easement, Maintenance and Operation
Agreement by and between the City of San Bernardino and Waterman
Holdings, LLC, concerning real property (4th Street and Waterman Avenue
- APN: 0135-191-17) (Central City East Redevelopment Project Area).
(R28B)
Public Comments:
Warner Hodgdon, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolutions A and B, be
adopted. Resolution Nos. 2009-319 and 2009-320 were adopted
unanimously.
R29. Temporary Employment Arrangement - Planner I: Lisa Sanford
RES. CDC/2009-50 - Resolution of the Community Development
Commission of the City of San Bernardino, California, approving a
temporary employment arrangement with Lisa Sanford to provide
professional planning, housing and economic development services on behalf
of the Redevelopment Agency of the City of San Bernardino.
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Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-50 was adopted unanimously.
R30. Temporary Employment Arrangement - Planner II: John Oquendo
RES. CDC/2009-51 - Resolution of the Community Development
Commission of the City of San Bernardino, California, approving a
temporary employment arrangement with John Oquendo to provide
professional planning and economic development services on behalf of the
Redevelopment Agency of the City of San Bernardino.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-51 was adopted unanimously.
R31. RES. CDC/2009-52 - Resolution of the Community Development
Commission of the City of San Bernardino, California, approving a
Professional Services Agreement with Samuel K. Hughes and authorizing
execution thereof, providing for professional asset management and
program development consultant services on behalf of the Neighborhood
Stabilization Program.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-52 was adopted with McCammack absent.
R32. RES. CDC/2009-53 - 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 AON, Incorporated for the demolition of Agency properties
located at 2624, 2625, 2633, 2643 and 2657 West 5th Street, San Bernardino,
California (5th Street and Meridian Avenue Project).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. Resolution
No. CDC/2009-53 was adopted with McCammack absent.
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R33. 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 HomeIessness Prevention and Rapid Re-housing Program
Agreement by and between the Agency and Inland Temporary Homes for
homeIessness prevention services.
Staff requested a continuance.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council!
Commission meeting of September 21, 2009. The motion carried with
McCammack absent.
R34. RES. CDC/2009-54 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
execution of a Solar Power Purchase Agreement, Guaranty Agreement and
a PhotovoItaic System Site Lease Agreement for certain building areas and
authorizing the grant of $1,400,000 to the SCRIP, Inc., a non-profit
corporation, for the financing, acquisition and installation of a photovoItaic
solar power system on the Redevelopment Agency of the City of San
Bernardino-owned building located at 201 North "E" Street.
Public Comments:
Warner Hodgdon, San Bernardino, CA;
Jay Lindberg, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted. Resolution No.
CDC/2009-54 was adopted with McCammack absent.
35. Public Comments
Stephen L. Rush, CEO, For Fuel Freedom, Inc., San Bernardino, CA;
Jesse Valenzuela, Office of Congressman Joe Baca, San Bernardino, CA;
Joe Ortiz, San Bernardino, CA;
C. Patience Summers, San Bernardino, CA;
Greg Engel, Commercial Realtor working with Kennedy Cadillac at the San
Bernardino Auto Center, Alta Lorna, CA;
Warner Hodgdon, San Bernardino, CA, provided comments and requested a
list of the $75-100 million of assets owned by the City and the $200
million of assets owned by the Economic Development Agency;
Jay Lindberg, San Bernardino, CA;
Jim Penman, San Bernardino, CA.
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S1. An Urgency Ordinance and a Non-Urgency Ordinance of the City of San
Bernardino adding Section 19.06.027 to the San Bernardino Municipal
Code (Development Code) and prohibiting the establishment and operation
of new parolee/probationer and registered sex offender group homes, and
unlicensed, for-profit parolee/probationer and registered sex offender
residential care facilities.
ORD. MC-1313 - An Urgency Ordinance of the City of San Bernardino
adding Section 19.06.027 to the San Bernardino Municipal Code
(Development Code) and prohibiting the establishment and operation of new
parolee/probationer group homes, registered sex offender group homes, and
unlicensed, for-profit parolee/probationer and registered sex offender
residential care facilities, declaring the urgency thereof, and taking effect
immediately. URGENCY (SIA)
An Ordinance of the City of San Bernardino adding Section 19.06.027 to
the San Bernardino Municipal Code (Development Code) and prohibiting
the establishment and operation of new parolee/probationer group homes
and registered sex offender group homes, and unlicensed, for-profit
parolee/probationer and registered sex offender residential care facilities.
FIRST READING (SIB)
Deputy City Attorney Empefio stated that this ordinance goes beyond the
temporary moratorium ordinance now in effect, which puts a moratorium on
group homes-single family homes of six beds or fewer. This ordinance will
apply to not only those same group homes, but also to unlicensed, for-profit
registered sex offender residential care facilities and unlicensed for-profit
parolee residential care facilities housing more than six persons. He stated that
it does not apply to licensed group homes.
Mr. Penman stated that in this ordinance they distinguish between a for -profit
group that wants to establish a parolee facility and a nonprofit facility. He
acknowledged that there are some very strong arguments on both sides of the
issue as to whether this ordinance is legal or not.
Public Comments:
P.H. Miller, San Bernardino, CA.
Joe Ortiz, San Bernardino, CA.
Warner Hodgdon, San Bernardino, CA.
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09/08/2009
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said urgency ordinance A, be adopted; that
the Development Services Department initiate a Development Code Amendment
to add Section 19.06.027 to the Development Code; and that said ordinance B,
be referred to the Planning Commission for a recommendation. The motion
carried and Ordinance No. MC-1313 was adopted with Baxter voting "no"
and McCammack absent.
S2. Item deleted
S3. Request for status report on Section 108 Loan Guarantee Application for
Maya Cinemas North America, Inc.
Emil Marzullo, Interim Executive Director, Economic Development Agency,
advised that the status of this project is reported every two weeks at the RDA
Committee meetings and provided an update on recent events.
Anna Marie Quintana of Maya Cinemas stated that they would be closing
escrow on October 30, that they are in concurrence with the Agency on what
needs to be done, and that the cinema is scheduled to open by Thanksgiving.
No formal action was taken.
S4. Item deleted
S5. An Ordinance of the City of San Bernardino adding Section 2.58.101 to the
Municipal Code prohibiting elected City officials and the City Manager
from promoting or opposing political candidates or ballot measures from
the Council dais. FIRST READING
Public Comments:
C. Patience Summers, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, that said ordinance be
laid over for final adoption. The motion failed for lack of a second.
S6. Resolution of the Mayor and Common Council of the City of San
Bernardino establishing a policy whereby the calendars of the Mayor and
members of the Common Council will be available for viewing by the public
on the City's website.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted. No vote was
taken.
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Council Member/Commissioner Brinker made a substitute motion, seconded by
Council Member/Commissioner Baxter, that the matter be referred to the
Legislative Review Committee. The motion carried with McCammack
absent.
43. Adjournment
At 8:20 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for Monday, September 21, 2009.
RACHEL G. CLARK
City Clerk
By:h~W
Linda E. Hartzel
Deputy City Clerk
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