HomeMy WebLinkAbout06-20-2011 Jt. Reg Mtg MinutesCITY OF SAN BERNARDINO
300 N. `D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Virginia Marquez
Vacant
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
JUNE 20, 2011
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 Monis at 1:39 p.m., Monday, June 20, 2011, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman;
City Manager McNeely; Deputy City Clerk Ochiqui.
Absent: None.
Vacant: Second Ward.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Landmark American Insurance Company, an Oklahoma corporation vs.
City of San Bernardino - San Bernardino County Superior Court, Case
No. CIVDS 1015159;
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Roxana Varga, Fahim Salazar and Pascual Segura v. City of San
Bernardino, David Cardenas Ponce - San Bernardino Superior Court,
Case No. CIVDS 914861.
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:
County of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
Test Claim with the Commission on State Mandates, Santa Ana Regional
Water Quality Control Board Order No. R8-2010-0036 (2010 Santa Ana
MS4 Permit)
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 two items on the closed session agenda
would not be discussed:
Under Agenda Item 1A, existing litigation, the case of Willie Mason, Sr.
v. City of San Bernardino, et al.
Under Agenda Item 1B, anticipated litigation, American Traffic Solutions.
2 06/20/2011
Mr. Penman announced that one additional item would be discussed in closed
session:
Under Agenda Item 1B, significant exposure to litigation:
Agenda Item No. 40 - legal issues from the Water Department.
Reading of Resolutions and Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor/Chairman Morris requested a moment of silence in memory of Angie A.
Mendoza, mother of City Clerk Rachel Clark.
Invocation/Pledge of Allegiance
The invocation was given by Rabbi Emeritus Retired Hillel Cohn. The pledge of
allegiance was led by Ashley Garcia Arellano, a fifth grade student at Muscoy
Elementary School.
2. Appointments - Council Member McCammack
• Dan C. Jimenez - Planning Commission
• Donna P. Howard - Fine Arts Commission
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the appointments of Dan C. Jimenez
to the Planning Commission and Donna P. Howard to the Fine Arts Commission,
as requested by Council Member McCammack, be approved. The motion
carried unanimously.
3. Presentations and Proclamations
Council Member Kelley presented a proclamation to the San Bernardino Sunset
Rotary Club on the occasion of the 25' anniversary of the Annual Tinman
Triathlon, 5K and Kids' Triathlon.
Rabbi Emeritus Retired Hillel Cohn and Erin Brinker, Public Relations
Chairperson of the Bicentennial Ad Hoc Committee, recognized Dameron
Communications for their pro bono work during the bicentennial year. Rabbi
Cohn presented the Mayor with replicas of the plaques and the montage that was
assembled for entry into the contest by the American Advertising Federation.
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U
Amanda Jacobs, Chairperson of the Human Relations Commission, presented
certificates to the winners of the "Be A Buddy, Not A Bully" bookmark contest
sponsored by the Human Relations Commission from the following grades: K-2,
3-5, and 6-8.
Lt. Rich Lawhead introduced representatives from the California Highway Patrol
and the Automobile Club of Southern California (AAA), who made presentations
to ten police officers who were recognized for recovering a high number of stolen
vehicles within the City.
Margo Wheeler, Director of Community Development, presented the Planning
Project of the Year Award to Council Member Johnson, who accepted the award
on behalf of the City of San Bernardino. The City was selected to receive the
award by the American Planning Association for the senior housing project
located at Magnolia and Highland.
Beverly Powell, Regional Manager for Public Affairs, Southern California
Edison, gave a PowerPoint presentation to the Mayor and Common Council
regarding their current projects in the City of San Bernardino.
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
Diane Mlynarski
Fernando Nievas
Harriet Myers
Jessie Ludikhuize
Vincent Padilla
Bennie Adame
Ryan Sandoval
Terry Whiteman
Announcements
Department
Years of Service
City Attorney
5
Community Development
5
Parks, Recreation and
5
Community Services
Police
5
Police
15
Public Works
10
Public Works
5
Public Works
10
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
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5. Waive Full Reading of Resolutions and Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission dated June 20, 2011, be waived. The
motion carried unanimously.
6. Council Minutes
Council Member/Commissioner Johnson 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: June 15,
2010; and May 2, 2011. The motion carried unanimously.
7. Claims and Payroll
Council Member/Commissioner Johnson 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 June 13, 2011, from Barbara
Pachon, Director of Finance, be approved. The motion carried unanimously.
8. Personnel Actions
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the personnel actions, as submitted by the
Chief Examiner, dated June 16, 2011, 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, except for the Assistant City Manager
position, which he requested be continued to July 5, 2011. The vote was taken
following further discussion.
Council Member/Commissioner Brinker stated that this is a very highly paid
position and it is a position that has been in existence for some time. He stated
that the Council just received the backup information today for this person and he
did not feel that waiting two weeks was unreasonable, especially because they
were going to have some difficult budget decisions to make over the next several
weeks.
Council Member/Commissioner Johnson made a substitute motion, seconded by
Council Member/Commissioner Kelley, that the personnel actions, as submitted
by the Chief Examiner, dated June 16, 2011, in accordance with Civil Service
rules and Personnel policies adopted by the Mayor and Common Council of the
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City of San Bernardino, be approved and ratified. The motion carried with
Shorett voting "no" and Brinker abstaining.
9. RES. 2011-134 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Wagner & Pelayes, LLP and the City of San Bernardino
for legal services in the case of James J. Brown v. City of San Bernardino; et
al., San Bernardino Superior Court, Case No. CIVDS 1007751.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-134 was adopted unanimously.
10. RES. 2011-135 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Wagner & Pelayes, LLP and the City of San Bernardino
for legal services in the case of Maria D. Mejia; et al. v. City of San
Bernardino, United States District Court, Case No. ED CV 11-00452 VAP
(DTBx).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-135 was adopted unanimously.
11. RES. 2011-136 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Wagner & Pelayes, LLP and the City of San Bernardino
for legal services in the case of Donnavan Parker v. City of San Bernardino,
San Bernardino Superior Court, Case No. CIVDS 1013471.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-136 was adopted unanimously.
12. RES. 2011-137 - 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 Michael Anthony Rey, by and
through his Guardian Ad Litem, Christy Luna v. City of San Bernardino, et al.,
San Bernardino Superior Court Case No. CIVDS 1009578.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-137 was adopted unanimously.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that Agenda Item No. 12 be
reconsidered in order to give a member of the public an opportunity to speak .
The motion carried unanimously.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2011-137 was adopted unanimously.
13. ORD. MC -1352 - Ordinance of the City of San Bernardino repealing
Chapters 2.24 (Central City Parking Place Commission), 2.42 (Community
Television Commission), 2.19 (Youth Advisory Commission), and 2.27 (Santa
Ana River Trail Commission) of the San Bernardino Municipal Code.
FINAL READING (Continued from June 6, 2011)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said ordinance be adopted. Ordinance No.
MC -1352 was adopted unanimously.
14. RES. 2011-138 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to enter into a Professional
Services Agreement with Willdan Engineering Services for the design and
implementation of a Residential Energy Audit & Retrofit Program.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-138 was adopted unanimously.
15. RES. 2011-144 - 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 Intermedix/Advanced Data Processing, Inc. to
provide billing services for first responder, paramedic, and membership
program fees.
Council Member/Commissioner McCammack stated that she had been talking a
lot about efficiencies and costs with the City Manager and questioned whether the
City is providing the best customer service to the constituency. She asked if the
City has done an analysis of the costs versus the number of complaints that are
received.
7 06/20/2011
Fire Chief Michael Conrad explained that during the time he has been with the
City they have used a billing company and this company processes about 15,000
EMS bills per year. He stated that they have one person in their office that takes
the information as it comes in from the paramedics, verifies it to make sure they
are not sending bills to someone who is not supposed to receive one, and then
sends the information to the company that processes the invoices.
He stated that the company sends out a lot of bills; however, they only get paid
for those bills the City actually receives money for.
City Manager McNeely stated that if it was the Council's desire to have staff do
an analysis, they could bring the item back.
Council Member/Commissioner McCammack recommended that the Council
direct the City Manager to do the analysis and extend the contract for six months.
Public Comments:
Ron Coats, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted for a
period of six months and that the City Manager be directed to perform an analysis
of the process/costs, etc. The motion carried and Resolution No. 2011-144
was adopted unanimously.
16. RES. 2011-145 - Resolution of Intention authorizing an amendment to the
contract between the Board of Administration of the California Public
Employees' Retirement System and the Mayor and Common Council of the
City of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2011-145 was adopted unanimously.
17. RES. 2011-139 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Hicap Special Access Service
and issuance of a purchase order to AT&T for DS3 and T1 data transport
service.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-139 was adopted unanimously.
8 06/20/2011
18. RES. 2011-146 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Vendor Service Agreement
and issuance of a purchase order in the amount of $416,841 between the City
of San Bernardino and California Commercial Pools for the construction of
three splash pads at Tom Minor, Delman Heights, and Anne Shirrells Parks
and improvements at existing City water play facilities per Capital
Improvement Program Project PR10-04.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. Resolution No.
2011-146 was adopted unanimously.
19. Resolutions approving the 2011/2012 Assessment Rolls - various Assessment
and Special Tax Districts
RES. 2011-147 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 951, Zone 1 and Zone
2, Landscaping Construction and Maintenance District, Wagonwheel Road
Area. (19A)
RES. 2011-148 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2,
Zone 2A, and Zone 3, Landscaping Construction and Maintenance District,
State University Area. (19B)
RES. 2011-149 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 953, Landscaping
Maintenance District, 16th Street and Medical Center Drive Area. (19C)
RES. 2011-150 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 956, Landscaping
Maintenance District, Carnegie Drive Area. (19D)
RES. 2011-151 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 959, Zone 1 and Zone
2, Landscaping Maintenance Assessment District, Shandin Hills Area.
(19E)
RES. 2011-152 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 962, Sewer Lift
Station Maintenance District, Pine Avenue Area. (19F)
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RES. 2011-153 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 963, Sewer Lift
Station Maintenance District, Allen Street Area. (19G)
RES. 2011-154 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 968, Landscaping
Maintenance District, Airport Drive. (19M
RES. 2011-155 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 974, Landscaping
Maintenance District, Rialto Avenue and Eucalyptus Avenue Area.
(19I)
RES. 2011-156 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 975, Landscaping
Maintenance District, Pepper Avenue and Mill Street Area. (19.1)
RES. 2011-157 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 976, Landscaping
Maintenance District, Pine Avenue and Belmont Avenue Area. (19K)
RES. 2011-158 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 981, Landscaping
Maintenance District, Meridian Avenue and Randall Avenue Area.
(19L)
RES. 2011-159 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 982, Landscaping
Maintenance District, Piedmont Drive Area. (19M)
RES. 2011-160 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 986, Landscaping
Maintenance District, Rialto Avenue and Macy Street Area. (19N)
RES. 2011-161 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 989, Sewer Lift
Station and Landscaping Maintenance District, Mill Street and Macy Street
Area. (190)
RES. 2011-162 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 991, Landscaping
Maintenance District, Verdemont Drive and Olive Avenue Area. (19P)
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RES. 2011-163 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 993, Landscaping
Maintenance District, Cajon Boulevard and June Street Area. (19Q)
RES. 2011-164 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 997, Landscaping
Maintenance District, Chestnut Avenue Area. (19R)
RES. 2011-165 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1001, Landscaping
Maintenance District, Pennsylvania Avenue and Birch Street Area.
(19S)
RES. 2011-166 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1002, Landscaping
Maintenance District, "H" Street Area. (19T)
RES. 2011-167 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1005, Landscaping
Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus
Parkway) Area. (19Q
RES. 2011-168 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1007, Landscaping
Maintenance District, Pepper Avenue and Randall Avenue Area. (19V)
RES. 2011-169 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1012, Landscaping
Maintenance District, Mill Street and Burney Street Area. (19W)
RES. 2011-170 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1016, Landscaping
Maintenance District, Coulston Street Area. (19x)
RES. 2011-171 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1017, Landscaping
Maintenance District, Pine Avenue and Kendall Drive Area. (19I)
RES. 2011-172 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1018, Northpark
Boulevard and Mountain Drive Acquisition Assessment District. (19Z)
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RES. 2011-173 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1019, Landscaping
Maintenance District, Northpark Boulevard and Mountain Drive Area.
(19AA)
RES. 2011-174 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1020, Landscaping
Maintenance District, Mill Street and Dallas Avenue Area. (19BB)
RES. 2011-175 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1022, Zone 1, Zone 2
and Zone 3, Landscaping and Street Lighting Maintenance Assessment
District, SBIAA/Alliance California Area. (19CC)
RES. 2011-176 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1023, Landscaping
Maintenance District, Elm Avenue and Coulston Street Area. (19DD)
RES. 2011-177 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1024, Landscaping
Maintenance and Sewer Lift Station District, Inland Center Drive and
Riverwalk Drive Area. (19EE)
RES. 2011-178 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1025, Landscaping
Maintenance District, Palm Avenue and Washington Street Area. (19FF)
RES. 2011-179 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1027 Landscaping
Maintenance District, Waterman Avenue and Washington Street Area.
(19GG)
RES. 2011-180 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1028 Landscaping
Maintenance District, Ohio Avenue and Walnut Avenue Area. (19ffi1)
RES. 2011-181 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1029 Landscaping
Maintenance District, California Street and 16th Street Area. (1911)
RES. 2011-182 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1030, Landscaping
Maintenance District, Magnolia Avenue and Ohio Avenue Area. (19JJ)
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RES. 2011-183 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1031 Landscaping
Maintenance District, Irvington Avenue and Olive Avenue Area. (19KK)
RES. 2011-184 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1032, Landscaping
Maintenance District, Palm Avenue and Verdemont Drive Area. (19LL)
RES. 2011-185 - Resolution of the City of San Bernardino confirming the
2011/2012 Special Tax for certain parcels of real property within Community
Facilities District No. 1033 for a portion of the operation and maintenance
costs of the Verdemont Fire Station. (19MM)
RES. 2011-186 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1035, Zone 1 and
Zone 2, Landscaping Maintenance District, Palm Avenue and Meyers Road
Area. (19NN)
RES. 2011-187 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1036, Landscaping
Maintenance District, Northpark Boulevard and Campus Parkway Area.
(1900)
RES. 2011-188 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1037, Landscaping
Maintenance District, Belmont Avenue and Magnolia Avenue Area.
(19PP)
RES. 2011-189 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1038, Landscaping
Maintenance District, Orange Show Road and Arrowhead Avenue Area.
(19QQ)
RES. 2011-190 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1039, Landscaping
Maintenance District, Irvington Avenue and Chestnut Avenue Area.
(19RR)
RES. 2011-191 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1040, Landscaping
Maintenance District, Acacia Avenue and Hill Drive Area. (19SS)
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RES. 2011-192 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1041, Landscaping
Maintenance District, Magnolia Avenue and Ohio Avenue Area. (19TT)
RES. 2011-193 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1042, Landscaping
Maintenance District, Shandin Hills Drive and Shady Creek Drive Area.
(19UU)
RES. 2011-194 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1043, Zone 1 and
Zone 2, Landscaping Maintenance District, Palm Avenue and Irvington
Avenue Area. (19w)
RES. 2011-195 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1045 Landscape
Maintenance District, located in the Waterman Avenue and Orange Show
Road Area. (19WW)
RES. 2011-196 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1046 Landscape
Maintenance District, Northpark Boulevard and Northstar Avenue Area.
(19XI)
RES. 2011-197 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1047 Landscape
Maintenance District, located in the Ohio Avenue and Pine Avenue Area.
(19YY)
RES. 2011-198 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1050 Landscape
Maintenance District, located in the Pepper Avenue and Rialto Avenue Area.
(19ZZ)
RES. 2011-199 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1052 Landscape
Maintenance District, located in the Belmont Avenue and Chestnut Avenue
Area. (19AAA)
RES. 2011-200 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1057 Landscape
Maintenance District, located in the Cajon Boulevard and University
Parkway Area. (19BBB)
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RES. 2011-201 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1059 Landscape
Maintenance District, located in the Orange Show Road and Tippecanoe
Avenue Area. (19CCC)
RES. 2011-202 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1063 Landscape
Maintenance District, located in the Central Avenue and Lena Road Area.
(19DDD)
RES. 2011-203 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for Assessment District No. 1064 Landscape
Maintenance District, located in the Cajon Boulevard and Glen Helen
Parkway Area. (19EEE)
RES. 2011-204 - Resolution of the City of San Bernardino, authorizing and
setting the Special Tax Rate for that certain area generally located north of
Highland Avenue, east of Golden Avenue for Paramedic Services, Special
Tax Area 2006-1, and approving the Fiscal Year 2011/2012 Tax Roll.
(19FFF)
RES. 2011-205 - Resolution of the City of San Bernardino confirming the
2011/2012 Assessment Roll for certain parcels of Real Property within Auto
Center Property and Business Improvement District for a portion of the
operation and maintenance costs of the San Bernardino Auto Center.
(19GGG)
Council Member/Commissioner Kelley requested that the City Manager schedule
a meeting to discuss how the City is handling the Landscape Maintenance
Districts, especially with regard to how thin the Parks Department is.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolutions A through GGG be
adopted. The motion carried unanimously.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that Agenda Item No. 19 be
reconsidered due to Council conflicts. The motion carried unanimously.
Council Member/Commissioner Kelley stated that he would be abstaining on
Motion 2 as he resides in the area included in Resolution B. He left the Council
Chambers and returned after the vote was taken.
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Council Member/Commissioner Johnson stated that he would be abstaining on
Motion 3 as he resides in the area included in Resolution C and his wife is
employed at a church located in the area included in Resolution FFF. He left the
Council Chambers and returned after the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said Resolutions A through GGG
be adopted, with the exception of Resolutions B, C, and FFF. Resolution Nos.
2011-147, 2011-150 through 2011-203, and 2011-205 were adopted
unanimously.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said Resolution B be adopted.
Resolution No. 2011-148 was adopted with Kelley abstaining.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said Resolutions C and FFF be
adopted. Resolution Nos. 2011-149 and 2011-204 were adopted with Johnson
abstaining.
20. RES. 2011-140 - 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 $2,000,000 to Poma Distributing of
Bloomington pursuant to Section 3.04.010-B3 of the Municipal Code for the
purchase of gasoline and diesel fuel with three single year renewal options in
participation with a contract between Poma Distributing and the County of
San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-140 was adopted unanimously.
21. RES. 2011-141 - Resolution of the City of San Bernardino authorizing and
directing execution of a License and Agreement with Yucaipa Valley Water
District for an encroachment within Hunts Lane, Redlands Boulevard,
Concourse Way and Caroline Street within the City, for the installation and
operation of a brine pipeline.
Council Member/Commissioner Brinker stated that he would be abstaining on this
item because this project is located within 500 feet of his residence. He left the
Council Chambers and returned after the vote was taken.
Public Comments:
Cheryl Brown, San Bernardino, CA.
16 06/20/2011
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2011-141 was adopted with Brinker abstaining.
22. RES. 2011-142 - Resolution of the City of San Bernardino approving
Cooperative Agreement No. C11153 with San Bernardino Associated
Governments (SANBAG), and the City of Colton for design, right-of-way
acquisition and construction of a grade separation on Hunts Lane at the
Union Pacific Railroad (UPRR) (SS 04-51).
Council Member/Commissioner Brinker stated that he would be abstaining on this
item because this project is located within 500 feet of his residence. He left the
Council Chambers and returned after the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2011-142 was adopted with Brinker abstaining.
23. Item deleted.
24. RES. 2011-143 - Resolution of the City of San Bernardino approving
Amendment No. 3 to the 3 -Year Capital Improvement Program (2007-2010),
Amendment No. 2 to the 6 -Year Capital Improvement Program (2009-2015)
and Amendment No. 1 to 5 -Year Capital Improvement Program (2010-2015)
for Measure I Local Expenditures.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution No.
2011-143 was adopted unanimously.
25. Item deleted.
26. Update of job descriptions for the Community Development Department
Council Member/Commissioner McCammack stated that she could not support
the item because there are employees who have put in the time, but no longer
qualify for higher positions because the requirements have been changed mid-
stream.
Public Comments:
Cheryl Brown, San Bernardino, CA.
17 06/20/2011
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the job descriptions be approved as
proposed. The motion carried with McCammack voting "no."
27. Transfer of Community Development Block Grant Administration
Council Member/Commissioner McCammack stated that she was not against the
City Manager taking over the administration of the block grants, but she
wondered why they didn't just move the employees from the Economic
Development Agency (EDA), since they are paying for them, and questioned
whether they were going to continue to pay for them annually. If they were not,
then the statement "no cost to the general fund" may be true for Fiscal Year
2011/12, but it would not be true for subsequent years.
Mayor/Chairman Morris stated that all of the administration costs come out of the
CDBG monies and they are all categorized as a separate resource.
City Manager McNeely stated that they are using the same funding that was used
to fund the positions at EDA, and it can only be used for this purpose. He
explained that the bulk of the functions that CDBG pays for is in the Code
Enforcement area, which is under the City Manager's direction. He stated that
they have had a number of issues over the years that have been problematic with
EDA's responsibility for CDBG, because Code Enforcement is not under EDA,
and they have been notified by HUD of some accounting issues, so in order to
clear that up they wanted to place the dollars and the responsibilities together so
they can effectively manage this function.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the following actions be taken: a) establish
one Project Manager/Assistant of the City Manager (U) position, Range 4530,
$6,242 - $7,587/month; b) add one Administrative Analyst I position, Range
3450, $4,188 - $5,091/month to the Finance Department; and c) approve job
descriptions as proposed; and d) authorize the Human Resources Director to
update Resolution Nos. 97-244 and 2008-33 to reflect these actions. The motion
carried with McCammack abstaining.
28. Reorganization of the City Clerk's Office
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the following actions be taken: a)
reclassify one Deputy City Clerk position, Range 3470, $4,627 - $5,625/month to
the Assistant City Clerk position, Range 4510, $5,649 - $6,867/month; and b)
authorize the Director of Finance to incorporate the changes into the FY 2011/12
budget proposal. The motion carried with Kelley absent.
18 06/20/2011
29. Establish New Classifications for Firefighter Cadet Program
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the following actions be taken: a) establish
the position of Fire Recruitment Supervisor, part-time, $45.00/flat hourly rate; b)
establish the position of Fire Prevention Associate/Trainee, part-time, $10.00/flat
hourly rate; c) establish the position of Firefighter Cadet, part-time, $10.00/flat
hourly rate; d) approve job descriptions as proposed; and e) authorize the
Director of Human Resources to update Resolution No. 2008-20 to reflect these
actions. The motion carried unanimously.
30. Public Works Department Reorganization
Council Member/Commissioner McCammack stated that she felt there are more
administrative positions and fewer employees delivering services to the public.
She warned her colleagues that this was a path they went down before years ago
and they ended up cutting several top administrative positions because there were
so few people at the bottom delivering the services.
Public Comments:
Cheryl Brown, San Bernardino, CA.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the following actions be taken: a) delete
one Project Manager/Energy Conservation position, Range 4540, $6,561 -
$7,975/month; b) delete one Senior Customer Service Representative/Dispatcher
in the Public Works Department, Range 1370, $2,810 - $3,416/month; c)
establish one Administration Division Manager (U) position, Range 4570, $7,620
- $9,262/month; d) reclassify two Sewer Maintenance Worker positions, Range
1400, $3,264 - $3,967/month, to Pump Mechanic, Range 1430, $3,791 -
$4,607/month; d) approve job descriptions as proposed; and e) authorize the
Director of Human Resources to update Resolution Nos. 97-244 and 2008-33 to
reflect these actions. The motion carried with McCammack abstaining.
31. Public Hearing - Ordinance amending Table 06.01, List of Permitted Uses,
in Chapter 19.06 of the San Bernardino Municipal Code (Development Code)
(Development Code Amendment No. 11-01) (Continued from May 16, 2011)
An Ordinance of the City of San Bernardino amending Table 06.01, List of
Permitted Uses, in Chapter 19.06 of the San Bernardino Municipal Code
(Development Code), Commercial Districts, to permit movie theaters of four or
more screens subject to a Conditional Use Permit in the Downtown Main Street
Overlay District. FIRST READING
19 06/20/2011
Note: No ordinance was distributed with the backup materials.
The hearing remained open.
Cheryl Brown, San Bernardino, CA, thanked the City Manager, City Attorney,
Mayor and Council for moving forward with this ordinance. She stated that when
construction begins, the NAACP would be interested in knowing if there is some
kind of incentive program for local people to get those jobs. Mrs. Brown stated
that she was surprised to learn that Mr. Penman did not sign the ordinance and
stated that she was interested in knowing why he does not want the theater to
come to San Bernardino.
City Attorney Penman stated that this ordinance will prohibit the approval of
ordinances for theaters with four or more screens anywhere except in the
downtown area and only in the downtown area with a conditional use permit. He
stated that the ordinance would restrict the number of movie theaters that could be
built, which is just the opposite of what Mrs. Brown thought it did.
Mr. Penman stated that the reason he did not sign was because Mr. Sabo was
negotiating with Regal Theaters and he was told that Regal wanted this as a
condition of their coming here. They did not want the Council to enact this until
they had finished negotiating a deal with Regal because this ordinance was good
leverage in the negotiations with Regal. He stated that once Regal agrees to our
conditions, and we agree to theirs, then they would adopt this ordinance, which is
one of the many things that Regal wants. He stated that he was surprised to see
this back on the agenda today because it is contrary to what was represented to
them previously when the ordinance was first continued and then tabled because
they had not reached an agreement with Regal. The only other information they
had is that some of the other theater companies wanted the same thing.
Mayor/Chairman Morris stated that every single theater chain that came to us said
that they were not interested in this City unless they were given the opportunity to
serve us with large multi-plex theaters.
City Attorney Penman stated that if that's true, if it is that critical to them, why
would we pass the ordinance now before we've entered into an agreement with
them and give this up as a bargaining chip.
Mayor/Chairman Morris stated that it is not a bargaining chip at all. Every
provider of services asked for this same kind of construct. This went through the
Planning Commission with a unanimous vote of approval and everybody who has
looked at it says it passes legal muster. This is no longer a negotiating tool, it is
what's required if we are going to have a downtown multi-plex theater.
20 06/20/2011
Council Member/Commissioner Kelley stated that he has been a long-time
advocate for opening a theater downtown, but with these types of conditions that
would limit them from opening multi -screen theaters anywhere in the City, he
could not support this item.
Council Member/Commissioner McCammack stated that they were basically
cutting out the potential availability of any developer to build something in the
north end or the east end and we're forcing anybody else who wants to develop
within the City to go to Highland, or the northwest area of Devote, or the east
area of Fontana.
Mayor/Chairman Morris stated that this is the most critical moment in terms of
downtown development if we are serious about following that downtown vision
plan, which this Council approved unanimously, and this is a critical part of that.
Council Member/Commissioner Brinker stated that he has lived in this City for
over 35 years and he stated that he has seen this cycle of movie theaters and it's
an interesting business. He has looked at this ordinance and he believes what
they are trying to do here is create an environment for this new theater to come in
and build some roots and be successful. He suspects that a few years down the
road they may be looking back at this ordinance again because the industry will
have changed a little bit and maybe someone new will come in and want to do
something different and the ordinance will need to be adjusted to meet their
needs. He stated that technology is changing and the industry is changing, so
they may not end up with the kind of big screen theaters they have today a few
years from now. He stated that he believes it is a good idea right now to help get
this one started, but they may have to come back and revisit it later.
Council Member/Commissioner McCammack agreed with Mr. Brinker's
statements. She stated that she thinks Mr. Brinker is correct in that perhaps we
will find that this ordinance won't be right for us three to ten years from now and
there's only one major problem with that—if you have a development agreement
with Regal for so many years, you will be precluded from making any changes to
this ordinance.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the hearing be closed; and that said
ordinance be laid over for final adoption. The motion carried with Kelley and
McCammack voting "no."
21 06/20/2011
32. Public Hearing — Resolution adopting General Plan Amendment No. 08-05
(Continued from June 6, 2011)
A Resolution of the Mayor and Common Council of the City of San
Bernardino adopting General Plan Amendment No. 08-05 to change the Land
Use Designation from Commercial General (CG -1) and Industrial Light (IL)
to Industrial Heavy (IH) on approximately 7.69 acres and approving
Conditional Use Permit No. 09-04 to expand an existing 28.7 -acre auto
dismantling and vehicle storage business by 7.69 acres and establish auto
repair service at 701 North Waterman Avenue.
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of July 18, 2011. The motion carried
unanimously.
33. Public Hearing — Ordinance amending Section 19.22.080 of the Development
Code (Development Code Amendment No. 11-03)
An ordinance of the City of San Bernardino amending Section 19.22.080 (7)
of the San Bernardino Municipal Code (Development Code) to revise the
application procedure for off-site electronic message center signage in
redevelopment project areas. FIRST READING
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that the ordinance
contained one minor change, but the principal issues remain the same in that the
proposal is to expand the areas in which off-site electronic message center signs
are permitted; i.e., to expand it to the Freeway Corridor Overlay District within
redevelopment project areas.
Mayor/Chairman Morris stated that the overall intent here is to unify the entire
Freeway Corridor with a set of policies and procedures relative to digital signs
along that corridor that would represent the best use of the City's viewscape the
complete length of the downtown area.
Ms. Wheeler stated that the intent is to enable the provision of opportunities for
these types of signs that can be beneficial for the redevelopment project areas,
and done so in a manner that's appropriate for the City.
22 06/20/2011
Council Member/Commissioner McCammack stated that her concern with this
item is that the Council as a body should be making the decisions and she was not
comfortable with abrogating that authority to the Redevelopment Committee. The
Redevelopment Committee shall be notified of all CUP applications for off-site
electronic message center sign permits. The review by such committee as to the
location proposed for the benefit of the Redevelopment Project Area shall be
required prior to the issuance of a CUP for an off-site electronic message center
sign.
Ms. Wheeler responded by stating that this review was already part of the
Redevelopment Agency Policy and Procedure for the approval of these signs, but
it is not part of the Development Code, so this would be placing language into the
Development Code that goes along with existing Procedure and Policy.
Council Member/Commissioner Brinker stated that he would like to continue to
work on this issue. He stated that his issue is when these signs become more
economically feasible in a year or two—right now the price of some of these signs
is very expensive—but he thinks people are seeing them as a valuable tool. He
worries that at some point they are going to get an over proliferation of signs and
they should begin to think about what that would look like and how they would
begin to put the brakes on before they get there so it creates some sort of plan or
system of evaluating signs within certain areas to determine when it is too much
and how to limit them once they reach a certain number in a particular area. He
stated that he was not sure what that would look like and he suggested that staff
think that through and maybe come back to the Council for discussion.
Ms. Wheeler advised that the existing ordinance states that message center signs
may be placed no closer than 1,000 feet from another electronic message center
sign on-site or off-site.
Council Member/Commissioner Brinker stated that even if you went every 1,000
feet, that's an awful lot of signs.
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because this proposal included the Uptown Redevelopment Project
Area and she owns property within that area. She left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner Kelley asked Ms. Wheeler to explain her
statement, "the benefit of the redevelopment area."
Ms. Wheeler stated that currently and again on the proposed ordinance it shows
the existing language with the proposed changes with the language to be deleted
shown with the strike -through and the language to be added is shown underlined.
23 06/20/2011
She stated that right now these signs are allowed within the Central City South,
Southeast Industrial Park and Uptown Redevelopment Project Areas. This
change would allow them within the Redevelopment Project Areas throughout the
Freeway Corridor Overlay District, so essentially that would expand the area
where they could be proposed. She stated that the one other change is to take the
existing Policy and Procedure whereby these signs are required to have an
agreement through the Redevelopment Project Area, and this would then put that
same language in Code as it is already in practice in policy.
Council Member/Commissioner Kelley asked Ms. Wheeler to explain where the
project areas were located.
Ms. Wheeler stated that the Uptown Redevelopment Project Area is along the I-
215 Freeway along the center of the downtown area; the Southeast Industrial Park
Area is located along the I-10 Freeway to the south; the Central City North is also
along the I-215 and the I-10; and the Mt. Vernon Project Area, is in the
downtown area along the I-215 Freeway.
Council Member/Commissioner Kelley stated that most recently they did this
merger between the areas in the Economic Development Agency from the I-215
at the I-10 going north to University Parkway, and he asked where that would
stop.
Ms. Wheeler stated that the merged area goes along the I-215 up to the I-210 and
to a small portion along the I-210 to the east and there is one other small area
along the I-210, but the primary area is the I-215 and the 1-10.
Council Member/Commissioner Kelley asked if that included the area between
University Parkway and Palm/Kendall.
Agency Counsel Sabo stated that they are undertaking two different mergers:
Merger A does not include the Uptown Redevelopment Project Area, and Merger
B includes Uptown, Mt. Vernon, Northwest and State College. Mr. Sabo stated
that that area would be part of Merger B; however, they are probably looking at
one year or more before that would become a merger. Right now, the area
between Palm and Kendall is not even part of a project area. He stated that the
west side of the I-215 would be either Northwest or State College, and most of
Kendall to the north up to Palm would not be in a project area.
Council Member/Commissioner Kelley questioned whether a sign could be
located on the golf course along the I-215 freeway.
Mr. Sabo stated that the golf course is located in the State College project area.
24 06/20/2011
Council Member/Commissioner McCammack stated that she did not have a
conflict because she does not own property adjacent to the freeway in the Uptown
Redevelopment Project Area.
City Attorney Penman stated that he had discussed Council Member
McCammack's potential conflict with staff and since the Uptown is merged or is
merging, the issue seems to be more whether or not she has property in the
Freeway Corridor Overlay District within Redevelopment Project Areas and if
she does, is it within 500 feet. He stated that he has reservations that the current
ordinance does include Uptown and by voting on it she would be taking out
Uptown, which he was not quite as confident that that was not a conflict. He
stated that he was required to tell her that the advice of the City Attorney is not
legally binding and does not protect her, and to protect herself she would need to
get a written opinion from the Fair Political Practices Commission.
Council Member/Commissioner McCammack left the Council Chambers and
returned after the vote was taken.
Mr. Penman stated that Section 7B was the problematic part of the ordinance in
that they initially had language that said that the Redevelopment Committee
should be notified before anyone could submit a CUP application and then there
would have to be review and recommendation by the committee. He stated that
that clearly seemed to go against the Charter because it gave the committee the
authority to act or to hold something up, and it also became a prior condition to
apply for a CUP, which would be illegal, so they changed it to "prior to the
acceptance of a CUP;" which he believed would pass legal muster. Mr. Penman
stated that there is still an issue with requiring any City committee to take an
action before it can be finalized and whether that's something only the Council
can do because the committees are only supposed to be advisory to the Council.
He stated that they thought that the review was probably okay. The permit
streamlining act is applicable to CUPS, so if the committee, for example, were to
try to hold up the issuance of a CUP by continuing the item on their agenda, after
a certain period of time the State Permit Streamlining Act would kick in and the
CUP would be deemed approved.
Mayor/Chairman Morris stated that the critical word here is "review," it does not
say "approve." It's just a review so that the eyes of the policy makers are on it
before it comes to the table.
City Attorney Penman agreed that it did not say approve or even recommend.
Council Member/Commissioner Johnson recommended that the Council look at
the distance requirement of 1,000 feet between signs because it could result in an
over proliferation of signs.
25 06/20/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that said
ordinance be laid over for final adoption. The motion carried with
McCammack abstaining and Kelley absent.
34. Public Hearing - Request for a conditional use permit to utilize a portion of
an existing on -premise freeway sign located at 895 West Rialto Avenue as an
electronic message center for the Mt. Vernon Redevelopment Project Area
(Conditional Use Permit No. 11-05)
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that this application
was submitted by representatives from Quiel Bros. Signs and the applicant is the
owner of Games for Fun on West Rialto. She stated that they have an existing
freeway sign on the west side of the freeway that advertises the business itself on
a 6 foot high by 25 foot wide portion of their sign and then there's an additional
71/2 foot area where they have a digital sign. What they are requesting is the
ability to advertise off-site businesses thereby creating an off-site advertising sign
at this location. Planning staff and the Planning Commission recommended
denial believing that this sign is not appropriate as designed because of its
primary function as on-site advertising.
Pursuant to Resolution No. 2000-279, Deputy City Clerk Ochiqui administered an
oath to the following individuals that they would provide true and honest
testimony:
Larry Quiel, Quiel Brothers Electric Sign Company, Inc., San Bernardino, CA,
distributed handouts to the Mayor and Council and made an oral presentation on
behalf of the Chamber of Commerce, encouraging the support and use of the
existing sign for the purpose of advertising businesses within the Mt. Vernon
Redevelopment Project Area.
Mr. Quiel stated that there were some issues that the Planning Commission had
when they denied the approval. He stated that a comparison was made of the
most recently approved Loma Linda University sign that had been granted the
opportunity to advertise businesses in the Hospitality Lane area, the second one
that has been approved in the Hospitality Corridor. According to City Code, 75
percent of the sign is allowed to be electronic, and a minimum of 25 percent is
supposed to be static. The Loma Linda sign is only 13 percent static and 86
percent electronic and the Games for Fun sign is 53 percent electronic and 47
percent static. Mr. Renfroe's sign has exceeded the minimum amount of static
signage; however, the Loma Linda University sign is less than what is required.
26 06/20/2011
Ken Renfroe, applicant, San Bernardino, CA, distributed handouts to the Mayor
and Council and made an oral presentation in support of the sign.
Paul Johnson, Redlands, CA, owner of property near the sign on West Rialto,
spoke in opposition to the sign. He stated that these signs do attract business and
they do have a place in the community, but they do not belong in the middle of a
residential area. He stated that the quality of life of the residents living in that
area will be adversely affected and their property values will drop.
Council Member/Commissioner Marquez asked staff to clarify the statement
made in the staff report that this sign would create a confusing and mixed
message for other businesses that might advertise on this sign.
Ms. Wheeler stated that this sign was designed and built as an on -premise sign to
advertise merchandise for Games for Fun. Most typical electronic message signs
that are built as off-site advertising along freeways may have a border or a title
with the majority of the area to be used for the advertising. In this case, because
it was not designed or built as off -premise advertising, it is staff's belief that it is
not optimal to convert this sign to an off -premise sign.
Ms. Wheeler answered questions posed by the Council regarding the dimensions
of the sign, the color of the lights, and the flashing effect/brightness.
Council Member/Commissioner Johnson stated that standards and consistencies
need to be established and that he was having a problem accepting this sign.
Council Member/Commissioner McCammack stated that she had concerns about
the issue that had been raised by Mr. Quiel in that the City is being inconsistent
with its applications for new signage. She stated that it didn't look like the
legislative process is being followed and felt that this matter should go back to the
Legislative Review Committee.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Kelley, that the hearing be closed; and that Conditional
Use Permit No. 11-05 be approved with the Conditions of Approval as shown on
Attachment D of the Planning Commission Staff Report dated May 25, 2011.
The motion carried with Johnson voting "no."
35. Public Hearing - Ordinance amending Section 19.06.025 "Prohibited Uses"
of the Development Code to permit single -price overstock/discount stores
with a minimum floor area of 8,500 sq. ft. and self-service laundry facilities
subject to a conditional use permit in commercial land use districts
(Development Code Amendment No. 11-05)
27 06/20/2011
An Ordinance of the City of San Bernardino amending Chapter 19.06
(Commercial Districts), Section 19.06.025 (1)(B) and (1)(.J) of the San
Bernardino Municipal Code (Development Code) related to prohibited uses.
FIRST READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be tabled. The motion
carried unanimously.
36. Public Hearing - Ordinance amending Development Code Chapter 19.06
(Commercial Districts) Section 19.06.030 (2)(T)(1) (Development Code
Amendment No. 11-04)
An ordinance of the City of San Bernardino amending Chapter 19.06
(Commercial Districts), Section 19.06.030 (2)(T)(1) of the San Bernardino
Municipal Code (Development Code) related to service station standards.
FIRST READING
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that this item is a
request to amend the Code, which currently allows only two such stations at
major intersections and this would allow three non -petroleum stations; that is,
those stations that would provide some sort of alternative fuel, especially,
electric. She stated that the idea would be to ensure that these types of facilities
that provide alternative fuel be allowed to be located in heavily traveled areas
within the City that would be convenient for those persons utilizing those types of
vehicles.
Council Member/Commissioner Brinker asked if they were under any federal
guidelines to have certain numbers of these alternative fuel stations by a certain
date.
Ms. Wheeler stated that there are requirements with regard to the reduction of
greenhouse gas, but not with regard to this specifically. She stated that this was
brought to us by an applicant who wished to pursue these types of options and
wanted to ensure that if he entered into negotiations on any sites, he could have
some assurance that he would be able to move forward.
Mayor/Chairman Morris stated that these plug-in commercial attachments have a
remarkably high amount of voltage that allows those cars to refuel in a very short
period of time. He asked if Ms. Wheeler knew what the average refueling time
was for an electric station.
28 06/20/2011
Ms. Wheeler stated that it used to be overnight, but it takes considerably less time
now, but it is certainly more than the amount of time it takes to fuel your car at a
gasoline pump. She stated that in the design of these stations, they would ensure
that the parking is offset so that they would be able to accommodate a longer
period of time.
Council Member/Commissioner McCammack asked if the applicant was looking
at a specific location because having four service stations at certain intersections
may cause a traffic issue.
Ms. Wheeler stated that the current limit is two and this would allow a maximum
of three, not four. She added that the applicant does not have a specific location
at this time.
Council Member/Commissioner McCammack stated that she could not approve
this without knowing what some of the locations are.
City Attorney Penman stated that it is for Pinky Brier's property.
Council Member/Commissioner McCammack stated that that was true, there are
two stations on the comer of Hospitality and Waterman. She asked if it is
currently a condition for alternative fuel or service stations to have a minimum
distance of 30 feet between curb cuts along a street frontage and no driveway
closer than 35 feet to the curb return.
Ms. Wheeler stated that that is the existing Code.
Council Member/Commissioner McCammack stated that that is a problem
because that is not what currently exists at the corner of Sierra Way and 40'
Street.
Ms. Wheeler stated that there may be a significant number of locations that
predated these requirements.
Council Member/Commissioner McCammack asked if this would require a
conditional use permit (CUP), because if it did, she stated that that CUP never
came before the Council for that location, nor did the sale of alcohol from that
7/11 ever come before the Council for a CUP.
Ms. Wheeler stated that staff would have to research that.
Council Member/Commissioner McCammack asked if these conditions applied to
service station standards regardless of how many there are. She stated that
Chapter 19.06 of the Development Code simply talks about service station
29 06/20/2011
standards and the location she was talking about does not comply. She
understood that part of what is being changed is the quantity at any given
intersection and if someone has already violated that with something that just
recently was put in, then they have already violated these standards, and it never
came before the Council for a CUP.
City Attorney Penman stated that it applies throughout the City and his
understanding is that the developer is looking at the old Pinky Brier property and
he has another location somewhere else.
Mayor/Chairman Morris stated that there is some great merit in alternative
fueling and they were going to have to begin serving the needs of that
community.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Marquez, that the hearing be closed; and that
said ordinance be laid over for final adoption. The motion carried
unanimously.
37. Public Hearing — Ordinance amending San Bernardino Municipal Code
(Development Code) Section 19.06.030(2)(B) (Development Code Amendment
No. 11-06)
An ordinance of the City of San Bernardino amending San Bernardino
Municipal Code (Development Code) Section 19.06.030(2)(B) regarding
alcoholic beverage sales activities. FIRST READING
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that this
amendment is in regard to the deemed approved ordinance. There were some
things that were thought to be important to get changed so as to ease the
implementation of the ordinance. The key amendments include the extension of
the training compliance deadline, the exemption of sit-down restaurants from the
training requirements, and the provision for larger employers to send only
supervisory employees to the training. She called the Council's attention to page
3, Article II, Section VIII, of the revised ordinance wherein the language will
refer only to allowing containers of beer or malt liquor not in their original
factory package of six-packs or greater. She stated that the other change that was
previously recommended has been eliminated.
30 06/20/2011
City Attorney Penman advised that the changes on page 3, lines 6-7 of the
ordinance were recommended by both the County Health Department and the
Police Department.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the hearing be closed; and that said
ordinance be laid over for final adoption. The motion carried unanimously.
38. Public Hearing - Resolution adopting the 2011 update of the General Plan
Housing Element (General Plan Amendment No. 11-01)
RES. 2011-206 - A Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the 2011 update of the General Plan Housing
Element.
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, Deputy Director/City Planner, Community Development, stated
that this item is an update to the Housing Element of the General Plan. She stated
that the last comprehensive General Plan update in 2005 did not include the
Housing Element and that is because Housing Elements are updated Statewide on
cycles that are prescribed in State law.
Ms. Rahhal stated that the current General Plan update has been in progress since
2008. She stated that the General Plan Housing Element contains all of the
policies and programs related to providing housing in the City that are contained
in the General Plan. Updating the Housing Element includes providing any
updates to the descriptions of existing conditions in the City, and housing
programs and policies with particular emphasis on meeting the regional housing
needs assessment which is prescribed by the State for each region. Ms. Rahhal
stated that the City's Regional Housing Needs Assessment addresses the planning
period from 2006 to 2014.
Council Member/Commissioner McCammack asked if the Regional Housing
Needs Assessment portion of the Housing Element took into consideration the
number of vacant units which meant that we do not need to build 2,100 more low
or very low income housing.
Ms. Rahhal stated that that was correct to an extent; however, the regional
housing needs assessment was completed before the worst impact of the recession
and vacancies took place. She stated that the Housing Element shows that
housing could be provided under our current plans, including existing stock for
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the numbers that are projected in the regional housing needs assessment. Also,
the City is not compelled to actually produce additional housing—just to show that
it is available or could be provided under current regulations.
Council Member/Commissioner McCammack stated that she understood Ms.
Rahhal's answer was that they do not have to build 2,100 units to fulfill that
income requirement.
Ms. Rahhal referred Mrs. McCammack to the table in the Planning Commission
staff report that lays out the regional housing needs assessment. She stated that
the highest category of housing production that's shown to be needed is in the
above moderate income range.
No public comments were received.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the hearing be closed; and that said
resolution be adopted. The motion carried and Resolution No. 2011-206 was
adopted unanimously.
39. Public Hearing – Ordinance amending Development Code definitions and
parking standards adding Chapter 19.63 (Development Code Amendment
No. 11-02)
An ordinance of the City of San Bernardino amending the San Bernardino
Municipal Code (Development Code) by modifying definitions in Section
19.02.050 and parking standards in Section 19.24.040 and adding Chapter
19.63 to establish a procedure for requesting reasonable accommodation for
individuals with disabilities. FIRST READING
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, Deputy Director/City Planner, Community Development, stated
that this is a companion item to the Housing Element update. One of the
components of the Housing Element is an analysis of all regulations on
development with the purpose of identifying any constraints to housing
development. She stated that one thing the State pointed out in the review process
of the Housing Element was that the City currently has a higher parking
requirement for studio apartments than is generally accepted throughout the State.
Currently, we require one and one-half parking spaces, and the State has
requested that we reduce that to one space per unit. This ordinance would also
bring our Code up to date to comply with existing State laws regarding the ability
of disabled persons to request reasonable accommodation under our zoning code
that they may need for accessibility.
32 06/20/2011
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the hearing be closed; and that said
ordinance be laid over for final adoption. The motion carried unanimously.
40. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City Manager to execute a Master Services Memorandum of
Understanding with the Water Department for provision of City services for
Fiscal Year 2010/2011. (Continued from June 6, 2011)
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of July 5, 2011. The motion carried unanimously.
41. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino Fire Department to enter into an
agreement with the County of San Bernardino to provide fire protection and
paramedic services to County unincorporated areas within the City of San
Bernardino's sphere of influence from July 1, 2011 through June 30, 2016.
(Continued from June 6, 2011)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of July 5, 2011. The motion carried unanimously.
42. RES. 2011-207 - Resolution of the City of San Bernardino implementing a
Memorandum of Understanding between the City of San Bernardino and
employees in the General Bargaining Unit of the City of San Bernardino
represented by International Union of Operating Engineers. (Continued from
June 6, 2011)
Public Comments:
George Swift, Member of the International Union of Operating Engineers, Local
12, representing the General Unit employees of the City.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2011-207 was adopted unanimously.
33 06/20/2011
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City
Attorney Easland; Economic Development Agency Interim Executive
Director Marzullo and Agency Counsel Sabo; Deputy City Clerk Ochiqui.
Absent: None.
R43. Joint Public Hearing - Disposition and Development Agreement - ACAA
Limited Partnership, a California limited partnership - 542 North Mt.
Vernon Avenue (Mt. Vernon Corridor Redevelopment Project Area)
(Continued from June 6, 2011)
Resolution of the Mayor and Common Council of the City of San Bernardino
consenting to a Disposition and Development Agreement ("ACAA DDA") by
and between the Redevelopment Agency of the City of San Bernardino
("Agency") and ACAA Limited Partnership, a California limited partnership
("ACAA") - 542 North Mt. Vernon Avenue (Mt. Vernon Corridor
Redevelopment Project Area). (R43A)
Resolution of the Community Development Commission of the City of San
Bernardino approving a Disposition Agreement ("DDA") by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and ACAA
Limited Partnership, a California limited partnership ("ACAA") and
authorizing the Interim Executive Director of the Agency to execute that
certain ACAA DDA - 542 North Mt. Vernon Avenue (Mt. Vernon Corridor
Redevelopment Project Area). (R43B)
Note: No backup materials were distributed.
The hearing remained open.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the matter be tabled. The motion carried
unanimously.
R44. Agency Covenant Monitoring Quarterly Status Report for the period ending
December 31, 2010
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that the Community Development Commission
of the City of San Bernardino receive and file the Covenant Monitoring Quarterly
Status Report for the period ending December 31, 2010 for the Redevelopment
Agency of the City of San Bernardino. The motion carried with McCammack
voting "no."
34 06/20/2011
R45. Homebuyer Assistance Program Report for the quarter ending December 31,
2010
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the Community Development
Commission of the City of San Bernardino receive and file the Quarterly Report
of the Homebuyer Assistance Program activities for the period ending December
31, 2010 for the Redevelopment Agency of the City of San Bernardino. The
motion carried with Kelley absent.
R46. RES. 2011-208 - Resolution of the Mayor and Common Council of the City
of San Bernardino (1) approving the transfer of Community Development
Block Grant (CDBG) and Emergency Shelter Grant (ESG) Programs
Administration to the City of San Bernardino effective July 1, 2011, and (2)
approving and authorizing the City Manager to execute the Sub -Recipient
Agreement for Home Investment Partnership Act Grant Program (HOME)
Administration with Affordable Housing Solutions of San Bernardino, Inc.,
as the designee of the Redevelopment Agency of the City of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted.
Resolution No. 2011-208 was adopted unanimously.
R47. RES. CDC/2011-31 - 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 an Agreement for Professional Services by
and between the Agency and Lilburn Corporation for preparation of an
Environmental Impact Report - North Arden Guthrie Area (IVDA
Redevelopment Project Area).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. CDC/2011-31 was adopted unanimously.
R48. RES. CDC/2011-32 - 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 an Agreement for Professional Services by
and between the Agency and Ludwig Engineering, Inc., for engineering and
construction management services for the 16" Street to 19'h Street Project
(Northwest Redevelopment Project Area).
35 06/20/2011
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2011-32 was adopted unanimously.
R49. RES. CDC/2011-33 - 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 an Agreement for Professional Services by
and between the Agency and Transtech Engineers, Inc., for engineering and
construction management services for the W Street to 21" Street Project
(Northwest Redevelopment Project Area).
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted. Resolution No.
CDC/2011-33 was adopted unanimously.
R50. Joint Public Hearing - Disposition and Development Agreement by and
between the Redevelopment Agency of the City of San Bernardino and In -N -
Out Burgers, Inc., a California corporation - Southeast corner of 5' and H
Streets (Central City North Redevelopment Project Area)
Resolution of the Mayor and Common Council of the City of San Bernardino
consenting to a Disposition and Development Agreement by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and In -N -
Out Burgers, Inc., a California corporation - Southeast corner of 5`s and H
Streets (Central City North Redevelopment Project Area). (R50A)
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 Disposition and Development Agreement by and between the Agency and
In -N -Out Burgers, Inc., a California corporation - Southeast comer of 5'
and H Streets (Central City North Redevelopment Project Area). (R50B)
Note: No backup materials were distributed.
Mayor/Chairman Monis opened the hearing.
Staff requested a two-week continuance.
36 06/20/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of July 5, 2011. The motion carried
unanimously.
51. Ordinance of the City of San Bernardino amending Section 2.15.020
(Community Development) and repealing Chapter 2.78 (Code Compliance) of
the San Bernardino Municipal Code. FIRST READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that said ordinance be laid over for final
adoption; that staff be directed to make any additional corresponding changes to
the City of San Bernardino Municipal Code; and that the Director of Human
Resources be authorized to update job descriptions to reflect the change.
Council Member/Commissioner McCammack stated that she could not support
giving the director of a department the authority to change job descriptions
without the Council reviewing them first. She stated that that is not only
inconsistent with the Charter, but it is also abrogating their authority.
City Attorney Penman suggested changing the word "make" to "recommend."
Council Member/Commissioner McCammack suggested that the remainder of the
motion should read, "that the Director of Human Resources recommend updates
to the job descriptions to reflect the change."
Council Member/Commissioner Johnson amended his motion, seconded by
Council Member/Commissioner Kelley, that said ordinance be laid over for final
adoption; that staff be directed to recommend any additional corresponding
changes to the City of San Bernardino Municipal Code; and that the Director of
Human Resources recommend updates to the job descriptions to reflect the
change. The motion carried unanimously.
52. Pension Presentation
Council Member/Commissioner Brinker distributed backup materials to the
Council entitled, "Pension Reform Proposal."
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the City Manager be directed to schedule a
workshop/presentation regarding costs of pension possibilities. No vote was
taken.
37 06/20/2011
Council Member/Commissioner McCammack made a substitute motion that
discussions take place between the City Manager and the employee groups and
that their ideas be included in the presentation as well as any suggestions or ideas
made by the Council. The motion died for lack of a second.
Public Comments:
Joe Ortiz, San Bernardino, CA.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the City Manager be directed to schedule a
workshop/presentation regarding costs of pension possibilities. The motion
failed with Marquez, Kelley and Johnson voting "no," and McCammack
abstaining.
53. Public Comments
Betty Long, San Bernardino, CA, spoke regarding the need for homeless shelters
in the City of San Bernardino and announced that she was going to run for
Mayor.
Roger Henderson, San Bernardino, CA, stated that he has been attending the
Citizens' Academy classes and encouraged the public to attend. He stated that
last week's topic was Parks and Recreation, and after seeing how underfunded
and understaffed they are, he didn't understand why the City would want to build
more parks. He asked the Council to restore some of the Parks and Recreation
budget for maintenance of the parks.
Joe Ortiz, San Bernardino, CA, spoke regarding the spokesperson position in the
Mayor's office.
Bill Sandefur, San Bernardino, CA, cited several serious issues at the
Meadowbrook Park and Tower Apartments and stated that SK Management
should not be allowed to get away with such deplorable conditions.
Gary Eager, Highland, CA, announced that he is a newly -elected member of the
Public Safety Academy Board and spoke regarding the character assassination of
Michael Dickinson, his employees, and the staff at the Public Safety Academy by
some parents and teachers.
Ron Coats, San Bernardino, CA, stated that the time has come for the Mayor and
Common Council and the City in general to change the way it does business.
38 06/20/2011
Omar Shaheed, Riverside, CA, spoke regarding the financial and economic
condition of African Americans, and he distributed and read a poem he wrote
entitled, "Heaven in the Sky? Yes Indeed!!"
Rose Loya, San Bernardino, CA, distributed a handout entitled, "Child
Abduction Tips," and asked parents to talk to their children about safety.
Jim Smith, San Bernardino, CA, extended his condolences to the Clark family;
spoke about the special election of July 12, 2011; and stated that texting during
Council meetings should not be allowed.
Ken, owner of Sport Trailers, stated that he understood he had been awarded a
contract to build five trailers for the Fire Department. He stated that it has been
60 days and that he would have to void the contract at the end of the month if he
did not hear back from them. He indicated that he was $1,800 cheaper than the
lowest bidder and he is the only local vendor in the City.
54. Adjournment
At 9:27 p.m. the meeting adjourned to Thursday, June 23, 2011 at 5:00 p.m. in
the Economic Development Agency Boardroom to review the FY 2011/12 City
and Economic Development Agency budgets.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Tuesday, July 5, 2011.
RACHEL G. CLARK, CMC
City Clerk
Linda Sutherland
eputy City ClerkJ
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