HomeMy WebLinkAbout10-03-2005 MinutesSan
Mayor Judith Valles
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street
Susan Longville
Gordon McGinnis
San Bernardino, CA 92418
Neil Derry
Website: www.sbcity.org
Chas Kelley
Rikke Van Johnson
Wendy McCammack
ILII01INMIM
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 3, 2005
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community
Development Commission, and San Bernardino City Housing Authority of the City of
San Bernardino was called to order by Mayor/Chairman Valles at 1:38 p.m., Monday,
October 3, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present: Mayor/
Chairman Valles; Council Members/Commissioners Estrada, McGinnis, Derry, Kelley,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Members/Commissioners Longville, Johnson.
Council Member/Commissioner Longville Arrived
At 1:47 p.m., Council Member/Commissioner Longville arrived at the Council/
Commission meeting.
Council Member/Commissioner Johnson Arrived
At 2:05 p.m., Council Member/Commissioner Johnson arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
10/03/2005
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a).
Rialto Housing Authority v. Virgil Hughes, et al. - San Bernardino
Superior Court Case No. SCVSS 128201;
Rialto Housing Authority v. Larry James, et al. - San Bernardino
Superior Court Case No. SCVSS 128191;
Rialto Housing Authority v. Yvonne McCabe, et al. - San Bernardino
Superior Court Case No. SCVSS 128161;
Rialto Housing Authority v. John White, et al. - San Bernardino
Superior Court Case No. 128155;
Rialto Housing Authority v. Sonia Zelaya, et al. - San Bernardino
Superior Court Case No. 128175;
In Re: Bankruptcy of Adelphia Communications Corporation - United
States Bankruptcy Court, Southern District of New York Case No. 02-
41724;
Melissa Malcolm v. Robert Taylor, et al. - San Bernardino Superior
Court Case No. SCVSS 123431;
Lakia Singleton v. City of San Bernardino, Gerald Beall - San
Bernardino Superior Court Case No. SCVSS 126289;
David Sanborn v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 078410 - consolidated with SCVSS
084862 & SCVSS 091020;
Mark Emoto vs. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 119904.
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.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
2 10/03/2005
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:
1. Property: 247 West Third Street
F3
3.
Negotiating Parties: Judith Valley, Mayor, on behalf of the
Redevelopment Agency, property owners, and
Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
Under Negotiation: Purchase price, terms and conditions
Property: That parcel consisting of approximately 67.75
acres identified as Parcel 1-2 at the San
Bernardino International Airport, and generally
bounded by Harry Sheppard Boulevard, Del
Rosa Drive, Paul Villasenor Boulevard, and
Memorial Drive
Negotiating Parties: Don Rogers on behalf of the Inland Valley
Development Agency. David Newsom on
behalf of Hillwood/San Bernardino LLC.
Bruce Varner on behalf of Stater Bros.
Markets. James F. Penman on behalf of the
City of San Bernardino
Under Negotiation: Terms and conditions
Property: Joint Use Multipurpose Room/Gymnasium at
the Cesar Chavez Middle School, 6650
Magnolia Court, San Bernardino, California
Negotiating Parties: Marianne Milligan, City Attorney's Office, and
Teri Baker, City Administrator's Office, for the
City of San Bernardino, licensee; Wael Elatar,
Facilities Administrator, San Bernardino City
Unified School District, as property owner
Under Negotiation: Terms and conditions
3 10/03/2005
4. Proper : Community Facilities:
Delmann Heights Community Center
Fifth Street Senior Center
Lytle Creek Community Center
Mill Community Center
Nicholson Community Center
Perris Hill Park Senior Park
Ruben Campos Community Center
Rudy Hernandez Community Center
Norton/Galaxy Ballroom
2669 N. Flores Street
600 W. Fifth Street
380 S. "E" Street
503 S. "E" Street
2750 W. Second Street
780 E. 21" Street
1717 W. Fifth Street
222 N. Lugo
1494 Art Townsend Drive
Negotiating Parties: Marianne Milligan, City Attorney's Office, and
Lemuel P. Randolph, Director, Parks,
Recreation and Community Services
Department, for property owner; Gregory
Humpal, Contract Analyst, San Bernardino
City Unified School District
5. Property: Vacant land
APN 0155-101-48
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, as owner/seller
and Denise Dee Whisler, as buyer.
Under Negotiation: Purchase price, terms and conditions
6. Property: APN 0261-111-21, 23, 25, 29, 30, 33, 35, and
40; 0261-121-01, 02, 03, 13 and 14; 0261-451-
01 through 48; and 0261-461-01 through 66
N/S Frontage Road, 1,000+ feet w/o North
Little League Drive.
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency, as
owner/seller and Century Crowell
Communities, LP, as buyer
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following additional item would be
discussed in closed session under Agenda Item No. 1D, Personnel:
Situation involving threats to a police officer's family.
City Clerk Clark announced that the following item had been discussed in closed
session under Agenda Item No. IF, Conference with Labor Negotiator:
Fire Negotiations
4 10/03/2005
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council, Community
Development Commission, and San Bernardino City Housing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Dr. Aloha L. Smith of St. Francis Episcopal Church,
followed by the pledge of allegiance, led by Miguel Torres from Ramona Alessandro
Elementary School.
2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
Mayor Valles presented a special trophy to Charlie Shumaker and Chuck
Diamond of Watson & Associates, in recognition of Watson and Associates as
the 2005 Art Benefactor of the Year for their donation of $10,000 to fund the
artwork for several spheres that students from California State University San
Bernardino have painted for the downtown area.
Mayor Valles presented a Citizen of the Month Award to Judy Brewer, Office
Manager of the San Bernardino Symphony, in recognition of all her efforts to
promote the arts in the City of San Bernardino.
Mayor Valles presented a proclamation designating October 9-15, 2005, as Fire
Prevention Week in the City of San Bernardino to Irene Dominguez, Public
Affairs Officer for the City's Fire Department.
Code Compliance Officer Wendy Cunningham was presented a Certificate of
Recognition by Mayor Valles for her efforts in resolving a "complaint" in a
very heartwarming way. While investigating the property of an elderly couple
she not only found overgrown vegetation, but discovered that repairs were
desperately needed in both bathrooms. Ms. Cunningham got a donation to pay
for materials and arranged for contractor Britt Carlson to repair the bathrooms,
which he did at no charge.
Steve Henthorn, Executive Director of the San Bernardino Convention and
Visitors Bureau, and Donna Hoffman, President of the Board of Directors,
thanked those individuals who helped make the recent Route 66 Rendezvous a
successful event. Mr. Henthorn also presented a resolution from the CVB to
Mayor Valles for her dedication and commitment to the Route 66 Rendezvous
and to the City of San Bernardino.
5 10/03/2005
4. Announcements by Mayor and Common Council
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic and community events and activities.
5. Waive full reading of resolutions & ordinances
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that full reading of the resolutions
and ordinances on the regular agenda of the Mayor and Common Council/
Community Development Commission/San Bernardino City Housing Authority,
be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the minutes of the following
meetings of the Mayor and Common Council/Community Development
Commission/San Bernardino City Housing Authority of the City of San
Bernardino be approved as submitted in typewritten form: July 18, 2005;
August 15, 2005; September 6, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated September
19, 2005, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6 10/03/2005
8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the personnel actions, as
submitted by the Chief Examiner, dated September 27, 2005 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 by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. Set workshop of Mayor and Common Council - Monday, October 17, 2005
at 5:00 p.m. in the MIC Room, 6`h Floor City Hall - discuss and take
possible action concerning issuance of Pension Obligation Bonds
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council set a workshop for Monday, October 17, 2005, at 5:00 p.m. in the MIC
Room, 6' Floor of City Hall to discuss and take possible action concerning
issuance of Pension Obligation Bonds.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2005-330 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the destruction of certain records no longer
required to be maintained by the San Bernardino City Attorney's Office.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-330 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
11. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to
Government Code Section 8630 (c)(1).
Note: No backup materials were distributed.
7 10/03/2005
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council confirm the need for continuing in effect the local emergency caused by
the Old Waterman Canyon Fire
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. RES. 2005-327 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Downstream Services, Inc. for
cleaning sewer siphons at various locations in the City of San Bernardino
(SW-D 2005/2006), per Project Plan No. 11340B.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council authorize the Director of Finance to amend the FY 2005/06 Budget by
transferring $111,600* from Sewer Line Maintenance Fund balance to Account
No. 132-431-5505-7475 "SW-D Sewer Siphon Flushing at Various Locations"
and transferring $23,400 from Unallocated Sewer Line Maintenance Fund
balance to Account No. 132-431-5505-7567 "SW06-03 "South "E" Street
Sewer Siphon Cleaning; and that said resolution be adopted.
The motion carried and Resolution No. 2005-327 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
*Note: The original staff report and agenda indicated an amount of $131,615;
however, the staff report was later revised showing the lesser amount and
distributed to the Mayor and Common Council prior to the meeting.
13. RES. 2005-328 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Hillcrest Contracting, Inc., for
street improvements on Third Street at the Historic Santa Fe Depot - Phase
I (SSO4-34), per Project Plan No. 11300.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council authorize the Director of Finance to amend the FY 2005/06 budget by
a) transferring $88,000 from Account No. 126-369-5504-7345 "SSO4-35
Miscellaneous Economic Development Projects on 3rd Street" to a new Account
No. 126-369-5504-7319 "SSO4-34 3rd Street & 2"d Street Improvements &
Improvements at Entrance to Depot"; and b) transferring $74,500 from Account
No. 129-367-5504-7202 "SS-B Construct Accessibility Improvements at Various
8 10/03/2005
Locations" to a new Account No. 129-367-5504-7319 "SSO4-34 3rd Street & 2nd
Street Improvements & Improvements at Entrance to Depot; and that said
resolution be adopted.
The motion carried and Resolution No. 2005-328 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. Authorize Change Order No. Two - contract with Guzman Construction
Company - storm drain improvements in Rialto Avenue from Rancho
Avenue to Pennsylvania Avenue (SD04-09) & install Palm Avenue Catch
Basin - Plan No. 10311 - authorize Director of Finance to amend the FY
05/06 Budget
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Director of Finance be
authorized to amend the FY 2005/2006 budget by transferring $15,000 from
Account No. 248-368-5504-7316 "SD04-08 State Street Storm Drain" to
Account No. 248-368-5504-7255 "Storm Drain in Rialto Avenue from Rancho
Avenue to Pennsylvania Avenue (SD04-09)"; and that the Director of
Development Services be authorized to execute Change Order No. Two in the
amount of $14,398.39 to contract with Guzman Construction Company for
storm drain improvements in Rialto Avenue from Rancho Avenue to
Pennsylvania Avenue (SD04-09) and to install Palm Avenue Catch Basin, per
Plan No. 10311.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. Resolution of the Mayor and Common Council of the City of San
Bernardino approving Standard Form of Agreement for Subdivision Tract
No. 14604 located at the northeast corner of Ohio and Magnolia Avenues
with KB Home Greater Los Angeles Inc., with time of performance
specified, and authorizing release of Richard L. Elder and Kevin R. Elder
from terms of Standard Form of Agreement for Subdivision Tract No.
14604 as approved by Resolution No. 2003-129, dated June 16, 2003.
Note: The resolution was not included in the backup materials.
City Attorney Penman advised that the certificates of insurance had not yet been
received; therefore, staff was requesting a two -week continuance.
9 10/03/2005
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of October 17, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2005-331 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a Landscape Maintenance Assessment District located in the Irvington
Avenue and Chestnut Avenue area without compliance with the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931;
declaring its intention to proceed to order work within the district, to be
known as Assessment District No 1039; preliminarily approving the
Engineer's Report and giving notice of a public meeting and public hearing.
Due to the fact that GFR Enterprises, the developer/owner of this property, has
contributed to his campaign for Mayor, Council Member/Commissioner Kelley
left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the Irvington
Avenue and Chestnut Avenue area (Tract No. 16443), to be known as
Assessment District No. 1039; and that said resolution be adopted.
The motion carried and Resolution No. 2005-331 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner Kelley.
17. Set adjourned regular meeting - Monday, October 24, 2005, at 5:00 p.m. in
the Council Chambers - adopt General Plan Update and associated Specific
Plans
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council set an adjourned regular meeting for Monday, October 24, 2005 at 5:00
p.m. in the Council Chambers of City Hall for adoption of the General Plan
Update and associated Specific Plans.
10 10/03/2005
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. Resolution of the City of San Bernardino adopting an updated Non-
Discrimination/Workplace Harassment Policy for said City and repealing
Resolution No. 95-154.
Council Member/Commissioner Estrada requested a two -week continuance on
this matter in order to obtain some additional information that was not included
in the back-up materials.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the matter be continued to the Council/
Commission meeting of October 17, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2005-329 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled in part, "A Resolution ... designating certain
streets, or portions thereof as through highways ..." and establishing a four-
way stop at the intersection of Valencia Avenue and Parkdale Drive.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-329 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Abstentions: Council Member/Commissioner
McCammack. Absent: None. (Note: Ms. McCammack was the maker of the
motion to approve the Consent Calendar items and registered an affirmative
vote. Subsequently, she realized that she owns property within 500 feet of the
location; therefore, she changed her vote to an abstention.)
20. Resolution of the Mayor and Common Council of the City of San
Bernardino denying the assignment of a Cable Television Franchise by
Adelphia Cablevision of Inland Empire, LLC to Time Warner NY Cable
LLC, an indirect subsidiary of Time Warner Cable Inc. (See related Agenda
Item No. 21.)
Note: Agenda Item Nos. 20 and 21 were considered and voted on
simultaneously.
11 10/03/2005
City Attorney Penman advised that the City had been waiting for separate letters
from the attorneys representing the two companies, granting the City an
extension of time. He explained that by law if they did not give the City an
extension of time, and the City did not deny the assignment, then it would be
deemed to be approved. He stated that the two separate letters had been faxed
to the City this morning; therefore, staff was requesting that both Agenda Item
Nos. 20 and 21 be tabled.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. Resolution of the Mayor and Common Council of the City of San
Bernardino denying the transfer of control of the Cable Television
Franchise from Adelphia Communications Corporation to Comcast Cable
Holdings, LLC thereby denying the assignment of the Cable Television
Franchise by Comcast Cable Holdings, LLC to CAC Exchange I, LLC; and
thereby denying a transfer of control of CAC Exchange I, LLC from
Comcast Corporation to Time Warner Cable Inc. (See related Agenda Item
No. 20.)
Council Member/Commissioner Longville noted that there was reference in the
staff report to an audit and questioned when the audit would be completed.
Mr. Penman stated that due to a lack of cooperation on the part of Adelphia, he
did not know when the audits would be completed because up to now they have
not cooperated, which would have been the basis for denying the transfer.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2005-332 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino City Fire Department to
apply for and administer the FY 2005 Fire Prevention and Safety Grant
submitted to the Department of Homeland Security Federal Emergency
Management Agency.
12 10/03/2005
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2005-332 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
23. RES. 2005-333 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino Police Department to
enter into a lease agreement with "World Plaza L.L.C." to pay $1,571.50
per month for the San Bernardino Police Department Eastern District
Command office space at 1535 E. Highland Ave., Suite C, San Bernardino.
Council Member/Commissioner Longville explained that she would be voting
against this item, not because this property owner has now found it necessary to
charge rent, but because she had strongly suggested to the assistant chief that a
letter needed to be sent to all the other good people who are still in leases with
the City for $1 per month, to inform them that this has occurred. She stated she
wanted it to be part of the policy, and that it was really disingenuous not to do
so. Therefore, since this was not included in the staff report she could not
support the action.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2005-333 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: Council Member/Commissioner Longville. Absent:
None.
24. RES. 2005-334 - Resolution of the City of San Bernardino setting a public
hearing relative to the formation of Underground Utility District No. 32,
generally located along portions of Victoria Avenue. (Continued from
September 19, 2005.)
Council Member/Commissioner Derry explained that he is employed by
Southern California Edison (SCE), who could potentially make money on this
project; and the Fair Political Practices Commission (FPPC) had ruled that even
if a company (in this case SCE) makes even one penny on a project, he would
have a conflict. He stated that the City Attorney's office was still working with
the FPPC for added clarification; however, he did not want to hold the vote up
any longer. Therefore, he left the Council Chambers and returned after the vote
was taken.
13 10/03/2005
City Attorney Penman reiterated Mr. Derry's comments, adding that his office
had a question as to whether the Fair Political Practices Commission had
properly interpreted some of the documentation and staff was going to ask for
an additional opinion; however, Mr. Derry decided that rather than hold the
project up, he would go ahead and conflict off.
Mr. Penman pointed out that this was an interesting conflict because although
Mr. Derry's company would be earning a profit on this project, Mr. Derry's
position was actually opposed to that of his company. However, California law
has determined that whether you want to argue for your interests or against your
interests, either way you are disqualified.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Director of Development
Services and the City Clerk be authorized to proceed with the formation of
Underground Utility District No. 32, along portions of Victoria Avenue, north
of Highland, pursuant to San Bernardino Municipal Code Section 13.36; and
that said resolution be adopted.
The motion carried and Resolution No. 2005-334 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner Derry.
25. Taste of Downtown
Friday, October 7, 2005, was designated as California Arts Day in the City of
San Bernardino; and as part of that observance, City staff held a "Taste of
Downtown" ceremony outside of City Hall featuring the unveiling of ArtStop
and recognition of artists from California State University San Bernardino who
had painted ten spheres for the downtown area. The event included music, art,
entertainment, and food from downtown restaurants, giving residents a "taste"
of what the downtown has to offer.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman,
City Clerk Clark, Executive Director of the Economic Development Agency Van
Osdel. Absent: None.
14 10/03/2005
R26. Property Owner Participation Agreement (OPA) - Meadowbrook Park
Revitalization Area and Resolution rescinding Resolution No. SBHA 2005-
03, Resolution of Public Interest and Necessity of Acquisition of Real
Property located at the northwest corner of Allen Street and Rialto Avenue,
San Bernardino, California. (Continued from September 19, 2005.)
RES. CDC/2005-32 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute the 2005 Property Owner Participation
Agreement by and between the Redevelopment Agency of the City of San
Bernardino and Bonnie S. Johnson ("Owner") for the development of three
(3) single family homes on the property located on the northwest corner of
Allen Street and Rialto Avenue (APN: 0135-292-39) ("Property")
(Meadowbrook Park Revitalization Area). (R26A)
RES. SBHA/2005-5 - Resolution of the San Bernardino City Housing
Authority making certain Findings with respect to the use of certain
Property for residential development in the Meadowbrook Park
Revitalization Area and rescinding Housing Authority Resolution No. SBHA
2005-03 adopted June 20, 2005 related to the land located at the northwest
corner of Allen Street and Rialto Avenue, San Bernardino, California, APN
0135-292-39 ("Property"). (R26B)
Council Member/Commissioner Johnson left the Council Chambers, stating that
his aunt owns the subject property and the Fair Political Practices Commission
had rendered an opinion that he could not speak regarding this matter. He
returned after the vote was taken.
Council Member/Commissioner Estrada left the Council Chambers, stating that
Ms. Johnson had allowed her to place a campaign sign on her property. She
returned after the vote was taken.
Gary Van Osdel, Executive Director, Economic Development Agency (EDA),
provided an overview of the staff report, stating that this would be a great
addition to the project and no Agency money would be involved.
Council Member/Commissioner McCammack stated that her concern at the last
meeting was that this process began several months ago with Mr. Johnson sitting
on the Redevelopment Committee as a member, and she felt the process had
been tainted. She stated that she feels the Agency will have to come up with
some kind of financial assistance for the homeowners, and she will be opposing
this item for that reason.
15 10/03/2005
Harold Baker, 1180 West 9' Street, San Bernardino, CA, representing the
Westside Action Group (WAG), stated that WAG was concerned that their
Councilperson, Mr. Johnson, had been accused of improprieties; therefore, they
had conducted their own investigation. He read and submitted into the record a
letter of their findings, with the letter from the FPPC rendering their decision
attached. He ended his letter by asking, "Why is it that when making a decision
of this nature, all of the information necessary to make a knowledgeable
determination seems to be only fully available to just one councilperson?"
City Attorney Penman stated that there were two inquiries —one to the FPPC,
which his office recommended Mr. Johnson make and which he made through
the City Attorney's office. The FPPC concluded that it was a conflict of
interest.
Separately from that, the City Attorney's office received a verbal complaint
from the Economic Development Agency that Mr. Johnson had telephoned Mr.
Van Osdel and staff felt Mr. Johnson was lobbying EDA staff to pay a higher
price for the property in question than the property had been appraised at —in
fact, the price amounted to three times the amount of the appraisal. He stated
that his office was also provided with a tape recording of a voice mail message
that Mr. Johnson left wherein he identified himself as a council member and
indicated the price, stating, according to Mr. Penman's recollection, "that we
want for this piece of property", and that price was the same as Bonnie Johnson
had previously indicated, which was three times the amount of the appraised
value. At the conclusion of the tape, Mr. Johnson gave a cell phone number,
which was verified by the City Council office as Mr. Johnson's City -issued cell
number.
According to Mr. Penman, per routine procedures, this information was turned
over to the district attorney's office, and the district attorney's office was
presently looking into the situation. Mr. Penman stated that his office has made
no allegation that Mr. Johnson has broken any law, and they are not stating an
opinion as to whether or not Mr. Johnson has broken any law —that that is in the
domain of the district attorney's office.
Council Member/Commissioner Longville stated that additional conversation
had taken place with the executive director of the Economic Development
Agency to go over the phone call and various things. She stated that more than
anything, she wanted to be assured, once again, that the offer the Agency was
making to Bonnie Johnson to have the right to develop her own project
properties according to the guidelines of the Meadowbrook Project was
beneficial to the Agency. She wanted to be certain that she knew everything
about this project that she possibly could.
16 10/03/2005
Ms. Longville stated that she thought the outcome of the investigation is
important, but at the same time, everything about this development with Bonnie
Johnson fits into the Meadowbrook Project in every single way. She stated that
now that she had additional information, she did not see any reason why she
would have to "hold up" Ms. Johnson's right to develop the property. She
noted that it was a separate matter as to whether or not Mr. Johnson made any
error on his part; but in terms of this particular action, it is the action the
Agency recommended to the Commission.
City Attorney Penman stated that relative to the question regarding which
council members knew what, the situation with the FPPC letter was announced
in open session; and it was his office that made available the information about
the DA's investigation —not a council member —so all the council members
heard about that at the same time, and all of them heard about the request for an
opinion from the FPPC at the same time.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Derry, that said Resolutions A and B, be adopted.
Community Development Commission Resolution No. CDC/2005-32 and San
Bernardino City Housing Authority Resolution No. SBHA/2005-5 were adopted
by the following vote: Ayes: Council Members/Commissioners Longville,
McGinnis, Derry, Kelley. Nays: Council Member/Commissioner
McCammack. Absent: Council Members/Commissioners Estrada, Johnson.
R27. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to
execute the 2005 HOME Grant Agreement by and between the Agency and
Ramona Senior Complex, Inc., a non-profit corporation — 1519 West 81h
Street. (Continued from September 6, 2005.)
Council Member/Commissioner Estrada's employer is Casa Ramona and in
order to avoid the appearance of a conflict she left the Council Chambers,
returning after the vote was taken.
Mayor/Chairman Valles advised that staff had requested that this item be tabled.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Longville, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Estrada.
17 10/03/2005
R28. RES. CDC/2005-33 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Executive Director to execute a Professional Services Agreement between
Shober Consulting, Inc. and the Redevelopment Agency of the City of San
Bernardino for Relocation Plan and Relocation Services (Central City North
- Downtown Acquisitions).
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2005-33 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
29. Appeal hearing - Planning Commission's approval of Conditional Use
Permit No. 04-30 to construct a multi -tenant commercial center at the
northwest corner of Mt. Vernon Avenue and 11th Street in the CG-2,
Commercial General, land use district
Mayor/Chairman Valles opened the hearing.
Deputy Director/City Planner Valerie Ross advised that this project was
proposed to be located just south of the new Walgreen's; and that Mr. Kim, the
developer, had modified both his site plan and his elevations at the request of
the Development Review Committee to meet Development Code requirements.
She stated that staff believed that the center, as designed, would be an asset to
the city; therefore, staff was recommending that the Mayor and Common
Council deny the appeal and uphold the Planning Commission's approval of
Conditional Use Permit No. 04-30.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony.
The following individuals spoke in opposition to approval of CUP 04-30:
Robert Hampton, 1505 West Highland Avenue, San Bernardino, CA,
representing the Northwest Project Area Committee;
Randolph Riley, 2344 Donald Street, San Bernardino, CA;
Sylvia Arias, 1330 Reece Street, San Bernardino, CA, Sixth Ward activist;
Sharon Johnson, 1555 Penn Court, San Bernardino, CA;
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA;
Dolores Armstead, 2529 San Anselmo, San Bernardino, CA;
Anita Jones, 1094 North Tia Juana, San Bernardino, CA.
18 10/03/2005
The speakers indicated that they did not want to see another strip mall in their
area —that they did not need anymore blight. They stated that residents in the
Sixth Ward had a vision for this location and it did not include liquor stores,
tattoo shops, smoke shops, check -cashing stores, etc. They stated that they
would like to see the area renovated, but not with a strip mall —that with the 210
Freeway expansion they were hoping to renovate all of Mt. Vernon. They
stated they were looking to do something different with Mt. Vernon since it is
the original Route 66—that their plans for that area included upscale businesses
and professionals. Some of the speakers expressed concern that Mr. Kim had
never met with members of the Northwest PAC regarding this project.
Dirck Kim, Architect and General Manager of the project, stated that
approximately 12 years ago, when the City initiated the Mt. Vernon Corridor
Redevelopment Plan, they started the first shopping center project on this entire
site, including where Walgreen's is now located. Even though they obtained
City approval at the time, including a conditional use permit and building
permit, they did not go ahead with the building construction because there was a
downturn of economy —the recession which started in 1993.
He stated that since that time the community and the market have grown, but
this time they decided not to build a big shopping center on the site; however,
they needed Walgreen's as an anchor, which is why they sold that piece of
property to them not long ago; and they erected a beautiful building which
complements the neighborhood. He stated that the proposed project not only
complements the Mt. Vernon Corridor Redevelopment Plan, but the Planning
Department and Planning Commission have approved the consistency and
compliance with City zoning and land use.
He stated that through mutual effort with the Planning Department they have
created a project to reflect the growing local community and have ensured the
compatibility with the low scale residential and commercial area. Also, there is
a large amount of landscaping all around, which creates a buffer from the street
noise and traffic.
Mr. Kim advised that they started this project about two years ago, and they did
have a meeting with Council Member Johnson; however, they were not even
aware that there was a PAC at that time. The first time they were contacted by
the PAC to meet they declined because the project was just not ready. When it
became ready, they were not able to get a return call from the PAC.
Mr. Kim stated that they had surveyed the buildings from Highland Avenue all
the way down to 5' Street and Mt. Vernon, and all the centers similar to this
proposed project are almost 100 percent leased, which indicates a high demand.
In fact, the market study they conducted indicates a high demand for retail, and
they have many prospective tenants such as a Subway sandwich shop, a dental
19 10/03/2005
office, an escrow office, a Starbucks coffee shop, a donut shop, etc. He noted,
however, that until they have a building approval, they are not able to proceed
with the leasing. He also pointed out that if they don't have enough tenants,
they are not going to spend $300 million in construction costs just to remain
empty.
Council Member/Commissioner Estrada asked what businesses Mr. Kim had
spoken with regarding tenancy in the project.
He replied that there was a dental office, pizza shop, coffee shop, escrow office,
real estate office, Subway, and Starbucks—those types of tenants. It was
pointed out that City ordinances prohibit most of the businesses mentioned by
those individuals opposing the project.
Council Member/Commissioner Longville stated that she sympathized with the
Northwest PAC and the residents —that it was obvious that they were concerned
with the number of vacant, boarded -up commercial structures throughout the
city. She noted that the ordinance involving the moratorium on certain
businesses contained a clause requiring an inventory of all the vacant
commercial structures along our streets. However, part of what the City has to
do is replace the old with the new, in the synergy of a city center, and it seemed
to her that with this strip mall going next to the new Walgreen's and across the
street from new development, that it begins to be the center of a new Mt.
Vernon, and does not add to the existing problem.
She stated that she thought the real problem on Mt. Vernon, and what she has in
her ward, is the fact that the area is just filled with vacant, boarded -up
structures, and those have got to come down. At the same time, however, we
have to welcome the right kind of new commercial development —and
particularly those with a permanent CUP which says that they can never have a
smoke shop, discount store, tattoo parlor, etc.
Mr. Kim pointed out that most of the vacant buildings are single old buildings —
not retail centers. As he noted previously, the old retail centers are all occupied
and none are vacant all the way from Mt. Vernon and 5' Street to Baseline. He
stated that there are some north of Baseline and below 5' Street, but that is not
in San Bernardino —it is Colton.
Council Member/Commissioner McGinnis noted that Article 20 in the CUP
already excludes the low-grade stores which so often are tenants in strip malls.
He stated that the center will work better when there are multiple
tenants/businesses in addition to the existing Walgreen's, and he was confident
the owner could find tenants who will be successful in that area.
20 10/03/2005
Council Member/Commissioner Kelley stated that he understood everyone's
concerns and that the residents had specific ideas of what they would like to see
in this area. He stated that the potential is there on Mt. Vernon for quite a few
successful businesses to prosper and succeed, and he thought this project would
be a welcome addition to the area.
Council Member/Commissioner Johnson asked how many of the tenants
mentioned by Mr. Kim had actually confirmed their tenancy, and if they have
"signed on", how long have they "signed on" for.
Mr. Kim reiterated that they cannot make any commitment with any tenants
until they are sure the City will approve the project. Once they get something in
writing from the City that the project has been approved, they will then be able
to sign the tenants, even though they have many with an intent to lease.
Mr. Johnson asked whether Mr. Kim had any letters from any potential tenants
expressing a desire to be at that location.
Mr. Kim stated that they have talked with two real estate brokers, but it just is
not possible to go further, when the potential exists that the project may not go
forward.
Council Member Johnson stated that he is trying to bring the community "up"
and when you are doing this, you have to put in areas/businesses that are like
those areas/businesses of San Bernardino that are already "up." He stated that
he did not think that this building would be acceptable in the HUB Center; in
fact, he did not think it would be acceptable in the University District.
Mr. Johnson stated that the Mayor had alluded to it earlier, that we need
partners that will come into the community concerned about the long-term
ramifications and not just the short-term benefits of building something that is
going to have tenants "in -and -out", and then someone else "in -and -out." He
stated that this area cannot subscribe to the "build it and they will come"
philosophy. They need something more concrete than that, and this developer is
not bringing that to the table, and as the council person in that area, he could not
support this project.
Council Member/Commissioner Estrada stated that after working for a very
long time to get something going on Mt. Vernon, she knows the frustration, but
she thinks one of the things that is absolutely essential is a buy -in by the
residents of the area. She stated that we have to have the residents of that area
support the project, and if there hasn't been any communication between the
developer and the residents of the area, maybe that is something that needs to
happen. She stated that this needs to happen soon so that there is dialogue and
21 10/03/2005
consideration for whatever concerns they may have that ought to be addressed
before the project goes any further.
She stated that she understood that the developer may have tried to communicate
with them once or twice without success, but there is still time and opportunity
to do that; therefore, she agreed with Mr. Johnson and was not totally convinced
that at this point, it is time to move forward. She stated that she, personally,
would like to see more involvement by the local residents/community relative to
the type of project that is going into their neighborhood.
Mr. Kim reiterated that they have been working on this project for over two
years —that when they were working with the Planning Department he didn't
know how many times they had gone through the Development Review
Committee. During the seven- or eight -month period that they were trying to
obtain their CUP all the information was sent out to the neighborhoods
surrounding the property, and they had absolutely no objection shown at the
Commission hearing. He stated that if there had been as much objection from
the surrounding neighborhood as he was seeing today, it would probably have
come out earlier; and he was disappointed that the citizens tonight did not agree
with the project. He reiterated that they are in compliance with City guidelines
and that the design was done in cooperation with Planning staff over a long
period of time. He stated that he believes that the project not only benefits him
as a developer, but he believes it also benefits the community. He did
acknowledge that when he met with Mr. Johnson, Mr. Johnson had a different
idea for the area.
Council Member/Commissioner Johnson thanked the Northwest PAC for
bringing this forward, stating that they are the caretakers of the community. He
stated that he had tried to steer Mr. Kim through the Northwest PAC, so that if
any objections came up he could address them right then. He advised that when
Mr. Kim brought the idea to him in January, he shared with Mr. Kim the vision
for this area and told him that the design would be a problem coming in here;
but he also told Mr. Kim at that time that he would work with him. However,
because of the amount of time Mr. Kim had invested in the project, he could not
change the direction in which he was going.
Mr. Kim acknowledged that he had a meeting with Council Member/
Commissioner Johnson at his office and had him review a really basic concept
of the plan. At that time, Mr. Johnson had a different idea, which was a
wonderful idea, which maybe ten to twenty years from now, when there is more
density and more developed community, could happen —like downtown Santa
Monica or downtown Los Angeles. The reason they have developed a retail
center is because of the market study. If the market study had shown a demand
for residential, or condominiums, or even apartments, they would have done
that, but that is not what the market study called for. He stated that relative to
meeting with the PAC, after they had a second meeting with Mr. Johnson they
22 10/03/2005
called the PAC and talked to Mr. Hampton once. The second time they tried to
set up a meeting and the PAC did not return the call.
Council Member/Commissioner Derry stated that the Mt. Vernon area has been
clamoring for real investment for a very long time, and it has helped make it
happen with the Walgreen's and this is an extension of that project. He pointed
out that staff has said it will be a benefit to the community, and the concerns
raised by most of the residents as to the type of tenants has already been
addressed both by City ordinance and in the conditions of approval, which are
permanent and will not change. He noted that the potential tenants not only
qualify and meet City standards, but they are businesses we want in the city.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that the hearing be closed; and that the Mayor
and Common Council deny the appeal and uphold the Planning Commission's
approval of Conditional Use Permit No. 04-30 based upon Findings of Fact
contained in the Planning Commission Staff Report dated June 21, 2005, subject
to the Conditions of Approval and Standard Requirements.
The motion carried by the following vote: Ayes: Council Members/
Commissioners McGinnis, Derry, Kelley, McCammack. Nays: Council
Members/Commissioners Estrada, Longville, Johnson. Absent: None.
Mayor/Chairman Valles noted that Mr. Kim had mentioned the market study,
and that is usually what developers do. She noted that the market study shows
what the market will bear and what will be coming. She stated that she was
sure that if the market study had shown that business offices were needed, then
that is what they would be building.
Subsequently, Council Member/Commissioner McCammack changed her vote
from a "yes" to a "no."
Council Member/Commissioner Derry stated he found it highly inappropriate
for a Council member to change a vote, considering that the applicant was no
longer present.
According to Ms. McCammack, earlier in the meeting Council Member/
Commissioner Johnson had said that he met with the developer and he had
explained what the Northwest PAC's vision was; and she did not understand that
when Mr. Johnson made his comments. She was also told that Mr. Riley did
not speak up in two meetings that he attended regarding this issue, but Mr.
Johnson explained that in March he had discussed his concerns and the vision of
the Northwest PAC with the developer, and the developer chose to continue on
with this plan.
23 10/03/2005
Mayor/Chairman Valles expressed disappointment that Ms. McCammack would
change her vote, since everyone has been waiting for many years for
development along this very important corridor, and now we have someone who
is going to invest and help develop it.
City Attorney Penman reviewed the rules regarding the changing of a vote. He
noted that with Ms. McCammack changing her vote, the chair should entertain a
motion for the opposite action or result, otherwise nothing has happened on the
item.
Deputy Director/City Planner Ross stated that based on the comments she heard
this evening she believed that the Council had determined that Finding of Fact
#5 cannot be made, and have found instead that the location, size, design, and
operating characteristics of the proposed use are not compatible with the
existing and future land uses within the general area.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
uphold the appeal and deny the project.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Johnson, McCammack. Nays: Council
Members/Commissioners McGinnis, Derry, Kelley. Absent: None.
Mayor/Chairman Valles vetoed this vote/action.
The Mayor explained that she was born on the Westside and has seen the demise
of the Mt. Vernon corridor —that ever since she became Mayor everyone has
been waiting for a developer to come and develop that area. Finally this
developer found Walgreen's, which did energize part of the area, including the
expansion of Amapola, and it was heartwarming for her to find a developer that
was willing to invest in that area and kick-start that whole Mt. Vernon corridor.
Furthermore, it is part of the historic Route 66, and nationally that mother road
is making an historical impact; and we have a segment of it, and she believes
the City has a responsibility to also develop it.
Mayor Valles assured the Northwest PAC that with the CUP there will not be
smoke shops, pawn shops, etc. She pointed out that because the developer did
do the market studies, and we know that market studies drive the development,
that this was not an action done on a whim. The developer took a great deal of
time and deliberate research to come up with this proposal.
24 10/03/2005
City Attorney Penman explained that because the Mayor exercised her veto, the
Planning Commission's decision had not been overturned by the Council;
therefore, the Planning Commission's decision to approve CUP No. 04-30
would stand.
30. Appeal hearing - Conditional Use Permit No. 05-07 (Appeal No. 05-16) -
Appeal of Planning Commission's denial of a request to establish retail sales
of motorized scooters in an existing multi -tenant center located at 1680 S.
Camino Real
Mayor/Chairman Valles opened the hearing.
Deputy Director/City Planner Valerie Ross provided background information,
stating that Steve Buss was both the applicant and the appellant in this case —that
he operates the "Jet Ski - Rent Me" business in this multi -tenant center. She
noted that staff had recommended approval of the conditional use permit;
however, the Planning Commission disagreed and denied the request. She
stated that the Commission's concern had to do with the lack of on -site customer
parking, some of the signage, and the extent and area being used for displays.
Ms. Ross stated that it is apparent that the businesses in the center are doing
well, and that additional land is needed so that some of them can expand.
However, staff does not believe that denying this CUP will fix or resolve the
ongoing problems, which is why they recommended approval.
Council Member/Commissioner McGinnis agreed that the center is crowded,
however, he didn't think it was crowded to the point that Mr. Buss couldn't sell
scooters —in fact, he thought scooters had been sold there previously and he did
not believe it added to the traffic flow. He stated that just because its booming,
it does not mean they should be prevented from doing the business they are
doing —that the space problems are the landlord's problem —not really the City's
problem. He stated that the landlord/tenants need to figure out who can park
what, where, on their allotted spaces. Mr. McGinnis stated that he believed that
the Planning Commission was wrong to deny this CUP because they have
already been doing a similar business there, but acknowledged that they do need
to work out some of the logistics of the tenant's spaces.
Per Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
Steve Buss, 1680 S. Camino Real, San Bernardino, CA, stated that they have
worked very hard to try and fix the issues brought to their attention by the
Planning Commission. He stated that they now have sign designs that meet
code requirements, all the old banners are being removed, and all the pennants
25 10/03/2005
have been removed from the parking lot that were not permitted. He advised
that he monitors the parking on a daily basis. In addition, he has acquired two
more suites next to his existing location, currently rented on a month -to -month
basis, because there is no reason to rent the remaining spaces if they do not get
their approval and will not be doing business there. He stated that he thought
they had taken care of all of the issues brought forward by the Planning
Commission, or that were given as a reason for turning them down.
Jack McDonald, 1680 S. Camino Real, San Bernardino, CA, read a letter
dated September 30, 2005, addressed to the City Council from Robert T.
Wolfenden, Flying Colors Group, LP, landlord of the property, in which he
states, "I am aware that our tenant, Makin Trax Inc. dba Scooter World & Jet
Ski Rent Me, is in the process of trying to expand their business. We have
recently reached an agreement with them to expand their amount of property to
include A2 and A3 at the same address, with a permanent lease pending your
decision to allow them the expansion project. They have been an outstanding
tenant at that facility for over 13 years. Recently they implemented an
extremely effective plan to control the persistent parking problem that has
plagued that facility for years. We are in full support of their efforts to expand
their business and ask the Council to approve their request."
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that the Mayor
and Common Council grant the appeal and approve Conditional Use Permit No.
05-07 based on the Findings of Fact, Conditions of Approval and Standard
Requirements contained in the staff report to the Planning Commission. (Note:
The vote was taken following additional comments from the Council.)
Council Member/Commissioner Longville stated that in the staff report it stated
that if the CUP was granted that it is subject to resolution of the issues identified
by the Planning Commission. She asked for an explanation of what that
statement meant —that they either meet the conditions of approval or they
don't —and they can't operate if they don't, so this seemed to be a moot
statement in the staff report.
City Planner Ross acknowledged that Ms. Longville was correct. Mr. Buss
would still have his Jet Ski - Rent Me business, and based on staff s
investigation of the site, Mr. Buss is not the problem, which is why staff
recommended approval. She stated that adding the motorized scooters does not
take up space like cars or boats or whatever —that there are other issues there
that will not be resolved whether the CUP is approved or denied.
Council Member/Commissioner McCammack stated that she had spoken with
her planning commissioner regarding this item. She stated that what has
happened in that area over a long period of time is that folks have started to
26 10/03/2005
spread out and do well in their businesses, which is great. The problem is that
there are lots of other businesses in town that want to do the same thing and are
not allowed to until they go through the process. She stated that she thought it
was really unfair for the Council to agree to allow them to continue to operate
with an extension of time until they can pave, or whatever it is they need to do
for improved surfaces, or to make the surrounding area comply. Although they
might not be the biggest problem, there are other tenants in the area who are.
These businesses have started to spread, and the whole area between Mr. Buss'
leased space and the motel is in noncompliance. She stated that she thought they
had a problem down there and that is why the Planning Commission voted the
way they did.
Mr. McDonald stated that it was his belief that their business is the only
business that is in compliance in that area, and they are asking that they not be
punished, but to reward them, and then reward the others when they get in
compliance. He pointed out that they can only control their own business, and
Mr. Buss has done an excellent job with his new parking program —that he is
out there daily whipping everybody that puts a boat or anything else in the
wrong place. He stated that they are supporters of the City in trying to keep
compliance going.
He stated that the other thing they didn't have any control over, but it benefits
them, is that Empire Auto Wholesale, which is directly behind their building,
went out of business; and rather than that becoming a boarded -up commercial
structure, they took the initiative and said, look, if we can get the Council to go
along with us, we'd like to expand our business and do it the right way. That is
why they are standing here tonight. He stated that he agreed with Ms.
McCammack, but asked that they not be punished for it if they can't control it —
that they are the ones in compliance.
Council Member/Commissioner McCammack asked Ms. Ross whether staff
could make the findings if the Council upheld the appeal.
Ms. Ross answered that she believed they could —that Mr. Buss is probably one
of the few businesses in compliance and that Empire Auto, who has vacated the
site, was one of those quite a bit out of compliance.
The motion to grant the appeal and approve CUP No. 05-07 carried by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None.
27 10/03/2005
31. Appeal hearing - Tentative Parcel Map No. 17231 (Appeal No. 05-17) -
Appeal of Planning Commission's Conditions of Approval and Standard
Requirements - project site is located on the east side of Waterman Avenue,
south of Orange Show Road
Mayor/Chairman Valles opened the hearing.
Deputy Director/City Planner Valerie Ross advised that when the Planning
Commission approved the project they imposed conditions of approval and
standard requirements. The applicant filed an appeal requesting clarification of
certain conditions and certain requirements. She stated that staff supports
clarifying the conditions and requirements as outlined in the staff report to defer
them until the time of development, with the exception of the undergrounding of
utilities. However, the applicant withdrew that portion of his appeal last week,
and staff and the applicant are now in full agreement on this item. She
suggested verbiage for an appropriate motion.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that the Mayor
and Common Council grant the appeal and approve Parcel Map No. 17231,
based on the Findings of Fact in the Planning Commission staff report, subject
to the Conditions of Approval and Standard Requirements with modifications as
noted.
The motion carried by the following vote: Ayes: Council Member/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. Item deleted
33. Public Comments
Margie Arnett, 1681 Echo Drive, San Bernardino, CA, expressed support of
City Attorney Penman for mayor.
Betty Dean Anderson, 1665 Magnolia, San Bernardino, CA, expressed support
of Mr. Penman for mayor.
Wayne Harp, representing retired San Bernardino police officers, voiced
support for Mr. Penman for mayor.
28 10/03/2005
Herbert Blair, 3049 North F Street, San Bernardino, CA spoke regarding
values, putting God first, and the great responsibility of being a parent and
raising children.
Deanna Adams, 1156 North F Street, San Bernardino, CA, voiced her
opposition to the North Lake Project, and stated that she thought Mr. Penman
was well qualified to resolve or lessen the social problems in San Bernardino.
David Ries, 1533 North Genevieve Street, San Bernardino, CA, advised people
not to vote for Judge Patrick Morris if they were voting for him because he is
tough on crime.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, expressed support of
the drug policy endorsed by mayoral candidate Patrick Morris.
34. Adjournment
At 7:28 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, October 17, 2005, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 34
No. of Hours: 6
RACHEL G. CLARK
City Clerk
By: CC G .
Linda E. Hartze
Deputy City Clerk
29 10/03/2005