HomeMy WebLinkAbout07-10-2006 MinutesCITY OF SAN BERNARDINO
300N. `D " Street
San Bernardino, CA 92418
Website: www.sbcity.org
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 10, 2006
COUNCIL CHAMBERS
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Gordon McGinnis
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:32 p.m., Monday, July 10, 2006, 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 Morris; Council Members/Commissioners Baxter, McGinnis, Derry,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Members/Commissioners Estrada, Kelley.
Council Member/Commissioner Kelley Arrived
At 1:50 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
Council Member/Commissioner Estrada Arrived
At 2:35 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
1 07/10/2006
Tom Gronewald, et al v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 114589;
et al. v. Valerie Pope -Ludlam, et al. - San
Bernardino Superior Court Case No. SCVSS 108965;
Dion and Tina Graham v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 130968.
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:
Utility User's Tax - Update
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:
Contract Extension
City Manager
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:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organizations:
San Bernardino Police Officers Association
Mid -Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Central City North Redevelopment Project Area
1. Property Address: 448-450 North "G" Street, San Bernardino
APN: 0134-093-11 and 44
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2.
3.
5.
:1
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Protea Hotel, Inc., property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
Property Address: 723-739 West 5`" Street, San Bernardino
APN: 0134-093-07
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Walter L. B. Ammons, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
Property Address: 770 West 5' Street, San Bernardino
APN 0134-054-26
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Raul M. Najera and Catalina A.
Barrera Cantorna, property owners/sellers
Under Negotiation: Purchase, price, terms and conditions
Property Address: 746 West 5' Street, San Bernardino
APN: 0134-054-07, 08 and 09
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Major Fritz on behalf of the
Salvation Army, property owner
Under Negotiation: Purchase price, terms, and conditions
Property Address: 696 West 5' Street, San Bernardino
APN: 0134-061-21, 22, 25 and 30
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Christopher Ko, Henry Ko, and
Bruce Ko, property owners/sellers
Under Negotiation: Purchase price, terms and conditions
Property Address: 755 West 5' Street, San Bernardino
APN: 0134-093-40
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Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Premila Patel, Dashrath Patel
and Sweta Patel, property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
7. Property Address: 795 West 5' Street, San Bernardino
APN: 0134-093-41
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Tien Lee International Limited
Corp., Ha -Ram, Inc., and Fu San Limited,
Inc., property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
Uptown Redevelopment Project Area
8. Property Address: 1108 West 2nd Street, San Bernardino
APN: 0138-301-07
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Marlene Belichefsky as Trustee,
Belichefsky Children Family Trust,
property owner/seller
Under Negotiation: Purchase price, terms, and conditions
IVDA Redevelopment Project Area
9. Property Address: 2176 Dumbarton Avenue, San Bernardino
APN: 1191-021-59
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Daniel Garcia, property owner/
seller
Under Negotiation: Purchase price, terms, and conditions
10. Property Address: 2195 McKinley Avenue, San Bernardino
APN: 1191-021-61
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Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
Buyer, and Sonia Ortiz, property owner/
seller
Under Negotiation: Purchase price, terms, and conditions
11. Property Address: 2194 N. McKinley Ave., San Bernardino
APN: 1191-021-29
Negotiating Parties: Maggie Pacheco, Executive Director on
behalf of the Redevelopment Agency, as
buyer, and Dion and Tina Graham,
property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
IVDA Redevelopment Project Area (North Arden Guthrie
12. Properties and Negotiating Parties:
Maggie Pacheco, Executive Director on behalf of the
Redevelopment Agency, as Buyer and Ramon and Maria G.
Hernandez - 2140 N. Arden Avenue (APN: 1191-021-43); Lou
Cannon - 2104 N. Arden Avenue (APN: 1191-021-41); Luu
Quang Phuoc - 2094 N. Arden Avenue (APN: 1191-021-40);
Humberto Velasquez and Delmy A. Ayala - 2072 N. Arden
Avenue (APN: 1191-021-39); Larry Sr. and Andrea Estrada -
2050 N. Arden Avenue (APN: 1191-021-38); Aaron L. Edwards
- 2028 and 2004 N. Arden Avenue (APN: 1191-041-26 and 25);
Gloria Fimbres - 2123 N. Dumbarton Avenue (APN: 1191-021-
47); Ody Ents - 2005 N. Dumbarton Avenue (APN: 1191-041-
28); Gloria Leynes - 2159 N. Dumbarton Avenue (APN: 1191-
021-45); Robert Moreno - 2140 N. Dumbarton Avenue (APN:
1191-021-57); Don Friedman - 2122 N. Dumbarton Avenue
(APN: 1191-021-56); Sabraj Nijjar - 2123 and 2141 N. McKinley
Avenue (APN: 1191-021-65 and 64); Miguel Flores - 2005 N.
McKinley Avenue (APN: 1191-041-32); Fidelity National Title
Insurance/Ince Co. - 2105 McKinley Avenue (APN: 1191-021-
66); Pedro Uriostegue - 2158 N. McKinley Avenue (APN: 1191-
021-31); Alfonso A. and Teresa E. Hernandez - 2004 N.
McKinley Avenue (APN: 1191-041-22); Silverio and Virginia
Vizcaino - 2195 N. Newcomb Street (APN: 1191-021-28);
Enrique and Maria Cachua - 2051 N. Newcomb Street (APN:
1191-021-20); Phuong Doan - 2005 N. Newcomb Street (APN:
1191-041-19); and Clayton & Virginia Kautzman - 2194 N.
Newcomb Street (APN: 1191-021-11), as property owners
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Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following case would be discussed in
closed session under Agenda Item No. 1A, Existing Litigation:
Michael Desrochers v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 139150.
Under Agenda Item No. 1B, Significant Exposure to Litigation, Agenda Item
No. 13.
Closed Session Announcement
Mayor/Chairman Morris announced that in closed session the Mayor and Common
Council had discussed the extension of the contract with City Manager, Fred Wilson.
A motion was made by Council Member/Commissioner Johnson, seconded by Council
Member/Commissioner McGinnis, to approve the extension of Mr. Wilson's contract
in the terms as described in the Fourth Amendment to Employment Agreement between
Fred Wilson and the City of San Bernardino, commencing on July 10, 2006, and
terminating on June 7, 2010.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: None.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor/Chairman Morris expressed condolences to the family and requested a moment
of silence in memory of longtime City resident and businessman, Mickey Braviroff,
who owned and operated Braviroff s Piano and Music Store for more than 20 years.
Mr. Braviroff was a founding member of San Bernardino Rotary North and San
Bernardino Rotary Breakfast Club, and he was a lifelong member of Congregation
Emanu El.
Invocation/Pledge of Allegiance
The invocation was given by Ernest Dowdy, Executive Director of the San Bernardino
Employment and Training Agency (SBETA), followed by the pledge of allegiance, led
by Councilman Derry.
2. Appointment - Frank Schnetz - Civil Service Board -- Mayor Morris
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of Frank Schnetz to the
Civil Service Board, as requested by Mayor Morris, be approved.
07/10/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
3. Presentations & Proclamations
On behalf of the California State Assembly, Assemblyman Joe Baca, Jr.
presented the Mayor and City Council with a framed version of the signed
legislation and the article provided by the San Bernardino County Sun regarding
the passage of Assembly Bill 1497 that will allow a park and school to be built
in the City of San Bernardino.
A proclamation designating the month of July 2006 as Parks, Recreation and
Community Services month was accepted by Lemuel Randolph, Director of
Parks, Recreation and Community Services.
Mayor's Assistant Peggi Hazlett announced that the recipient of the First
Quarter 2006 Customer Service Award was Dodie Otterbein, Records
Management Coordinator in the City Clerk's Office. Dodie was recognized for
her excellent customer service to both internal and external customers and for
going above and beyond the call of duty in the performance of her assigned
tasks.
James Smith, Native Sons of the Golden West, made a presentation to
Councilman Dennis Baxter, Councilman Gordon McGinnis, and Al Bone of the
San Bernardino Pioneer Society, in recognition of their recent induction into the
Native Sons of the Golden West.
Councilman Chas Kelley presented the Citizen of the Month award to Amanda
Jacobs for being a model parent and for her leadership role in the community.
Mayor Morris announced that Ron Collins, Charles Ojeda, Jr. and Leonard
Chavez, all veterans of foreign wars, were deeply concerned about honoring our
nation's flag and thought it appropriate to initiate a possible ballot measure in
the City to ensure that we honor the flag on five important days of the year:
Memorial Day, Flag Day, Fourth of July, 9/11 and Veteran's Day. The Mayor
stated that he had discussed this matter with Mr. Collins and a number of
distinguished business leaders in the community, and they agreed to underwrite
the effort to appropriately place and light the flag on the above-mentioned dates.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic and community events and activities.
7 07/10/2006
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the minutes of the following
meeting(s) of the Mayor and Common Council/Community Development
Commission be approved as submitted in typewritten form: June 8, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the personnel actions, as
submitted by the Chief Examiner, dated July 6, 2006 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, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. ORD. MC -1228 — An Ordinance of the City of San Bernardino adding
Chapter 9.96 to the San Bernardino Municipal Code regarding establishing
a procedure for the designation of Crime Free Zones. (FINAL READING)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said ordinance be adopted.
Ordinance No. MC -1228 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8 07/10/2006
9. RES. 2006-236 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, reciting the facts of the Special Municipal
Election held on the 6t° day of June 2006, declaring the results thereof and
setting forth such other matters as are provided by law.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-236 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. RES. 2006-237 - Resolution of the Mayor and Common Council of the City
of San Bernardino accepting the resignation of Third Ward Council
Member Gordon McGinnis; calling of a special election in the Third Ward
of the City for November 7, 2006 to fill the vacant Council seat in said
ward, and requesting that the City of San Bernardino's Special Municipal
Election be consolidated with the November 7, 2006 Statewide General
Election conducted by the County of San Bernardino; and other related
matters.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
accept the resignation of Gordon McGinnis as Council Member of the Third
Ward; and that said resolution be adopted.
The motion carried and Resolution No. 2006-237 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
11. Set workshop for Monday, July 24, 2006, at 5:00 p.m. - Economic
Development Agency Boardroom - review Measure I projects and project
development process
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that a joint Mayor and Common
Council and Planning Commission Workshop be set for Monday, July 24, 2006,
at 5:00 p.m. in the Economic Development Agency Boardroom to discuss
Measure I projects and project development process with emphasis on State
Route 210, Interstate 215 Corridor projects and the Interstate 10/Tippecanoe
Interchange project.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9 07/10/2006
12. Set Capital Improvement Program (CIP) workshop for Monday, July 24,
2006 at 5:30 p.m. - Economic Development Agency Boardroom - review the
5 -Year Capital Improvement Program - Fiscal Years 2006/07-2010/11
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that a Capital Improvement Program
(CIP) workshop be set for Monday, July 24, 2006, at 5:30 p.m. in the
Economic Development Agency Boardroom to review the 5 -Year Capital
Improvement Program for Fiscal Years 2006/07-2010/11.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2006-247 - Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission of the County of
San Bernardino for a reorganization consisting of annexation to the City of
San Bernardino of 6 areas of unincorporated territories, generally lying
north of Pacific Street, east of Valencia Avenue, south of Piedmont Drive
and west of Victoria Avenue, to be known as Annexation No. 361.
Council Member/Commissioner McCammack stated that when they passed the
annexation of the Del Rosa/Harrison pocket north of Highland Avenue, she was
under the impression that they had already included the revenue generation from
that pocket into the budget; however, the staff report had indicated that they are
including it again so she was confused.
City Manager Wilson stated that when they annexed that parcel a number of
months ago, they noted that there would be increased revenues from the
annexation, but they did not officially include that number in the budget, so this
action officially reflects the addition of that number into the budget.
Council Member/Commissioner McCammack noted that the staff report states
that the Police Department has indicated that these six islands could be absorbed
without significant impact. However, she stated that if they were talking about
the Del Rosa/Harrison annexation plus these six pockets for revenue generation
and costs, that pocket was annexed with full knowledge that we would need
more police support and code support especially because of the apartment
complexes that require the multi -family inspection. She stated that the report
does mention hiring two additional code officers, which they did agree to fund
in this budget cycle specifically for that particular pocket.
Mr. Wilson stated that when they annexed the Del Rosa pocket it was done with
the idea that the annexation would be good for the City in the long term. He
stated that they are hoping that Assembly Bill 1602 passes, which will increase
10 07/10/2006
the vehicle license fee allocation to cities. Mr. Wilson stated that if it passes
that would mean an extra $145,000 for the City, which he recommends should
be used to hire additional police officers to tackle some of the crime issues in
that area.
Council Member/Commissioner McCammack stated that for years the citizens
surrounding that pocket have ended up with the backlash of whatever crime
issues or code issues there were within that pocket. She suggested that the area
command for that area should receive the staffing it needs quickly and that we
ramp up inspections of those apartment complexes.
Mayor Morris stated that it is important that we deliver to that newly -annexed
area services at least as vigorous as we do elsewhere in our City. He stated that
he has learned that the County not only has lower standards in terms of
building, but they also have lower standards in terms of policing and code
enforcement, and he stated that he is confident the City will bring improved
services to that corridor.
Council Member/Commissioner McCammack stated that the public needs to
understand that the Arrowhead Springs annexation is a very important piece of
the puzzle for development and revenue generation; however, the annexation of
these pockets is independent of the annexation of Arrowhead Springs. She
stated that she believes annexing pockets that are not typically well maintained
by the County and that are already developed are not fiscally sound propositions
for the voters who currently subsidize the City's revenues for City services.
Ms. McCammack stated that she could not support the annexation of these six
pockets as she does not think it's legal for LAFCO to hold the City hostage for
Arrowhead Springs—as she has made very clear to LAFCO herself. She
believes that if and when Arrowhead Springs comes to fruition, she knows that
the Council will be very supportive of that project in and of itself. She stated
that she thinks LAFCO is required by law to accept our application for the
annexation of Arrowhead Springs, and for that reason she would not be able to
support this particular annexation.
Council Member/Commissioner Derry stated that he agreed with Ms.
McCammack on the position LAFCO has taken. He stated that these are
generally very well-maintained areas and would not be a drain on the City. He
stated that this is a more acceptable proposal and would be a slight revenue
generator, and he believes the City can provide better service to these areas than
the County has.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Mayor and Common Council:
11 07/10/2006
Add one (1) Administrative Clerk II position, Range 1313 ($2,115-$2,571 per
month);
Add two (2) Code Enforcement Officer H positions, Range 1412 ($3,465-$4,212
per month); '
Authorize the Human Resources Director to update Resolution No. 97-244 to
reflect the additional positions; and
Authorize the Director of Finance to amend the FY 2006/07 adopted budget and
increase the following as detailed in the staff report from Valerie C. Ross,
Director of Development Services, dated July 3, 2006: General Fund revenues
by $112,400; Fire Department salaries and benefits by $27,000; and Code
Compliance salaries, benefits and equipment by $85,400.
The motion carried and Resolution No. 2006-247 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack.
Absent: None.
14. RES. 2006-238 — Resolution of the City of San Bernardino approving an
Agreement for Services with LSA Associates, Inc. for the provision of
professional environmental consulting services.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-238 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2006-248 — Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a Contract to Matich Corporation for
pavement rehabilitation at eleven locations, 2°" Street (SS 06-07), Del Rosa
Avenue (SS 06-19), "H" Street (SS 06-21), University Parkway (SS 06-32),
Sierra Way (SS 06-50), "H" Street (SS 06-52), 16* Street (SS 06-53) & (SS
06-54), Mill Street (SS 06-57), "D" Street (SS 06-70), Mt. Vernon Avenue
(SS 06-77), per Project Plan No. 11735, and authorization for the Director
of Finance to amend the FY 05/06 Budget.
James Penman, City Attorney, stated that he would have to abstain on this
matter because Matich Corporation has made donations in the last year to his
City Attorney re-election campaign.
12 07/10/2006
Council Member/Commissioner Kelley stated that he just wanted to make sure
that University Parkway, the main corridor into the north end, is going to be
addressed.
Fred Wilson, City Manager, answered in the affirmative, and he pointed out
that there will be a change to the contract which will extend the pavement
rehabilitation on University to include the College to Varsity section of that
street as well, and that will come to the Council later in the change order.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Finance be
authorized to amend the FY 2005/06 budget by transferring $39,000 from
Account No. 240-379-5504-7610 (SS06-21) "H" Street Pavement
Rehabilitation" to Account No. 240-379-5504-7605 (SS06-07) "2nd Street
Pavement Rehabilitation;" that the Director of Finance be authorized to amend
the FY 2005/06 budget by transferring $95,600 from Account No. 240-379-
5504-7614 (SS06-32) "University Parkway Pavement Rehabilitation" to
Account No. 240-379-5504-7625 (SS06-50) "Sierra Way Pavement
Rehabilitation; and that said resolution be adopted.
The motion carried and Resolution No. 2006-248 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
16. RES. 2006-239 — Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the Caltrans Race -Neutral Disadvantaged
Business Enterprise (DBE) Program, effective May 1, 2006, and the City of
San Bernardino Annual Anticipated DBE Participation Level (AADPL)
submittal for Federal financial assistance projects, effective for Federal
Fiscal Year 2006/2007, and authorizing the City Engineer to execute the
Disadvantaged Business Enterprise Race -Neutral Implementation
Agreement.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-239 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Item Deleted
18. Item Deleted
13 07/10/2006
19. RES. 2006-249 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving Standard Form of Agreement for Subdivision
Tract No. 165094 (Unit 4 - Lots 74 through 90) and Tract No. 16509-5
(Unit 5 - Lots 91 through 105) located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control
Channel with Richmond American Homes of California, Inc., with time of
performance specified and approving Amendment No. 1 to Standard Form
of Agreement for Subdivision Tract No. 16509-4 (Unit 4 - Lots 74 through
90) and Tract No. 16509-5 (Unit 5 - Lots 91 through 105) with University
Park, LLC as approved by Resolution No. 2005-299, dated, September 6,
2005.
Council Member/Commissioner Kelley stated that he wanted to make sure that
this action would ensure that the agreements in place with Watson and
Associates would be completed by Richmond American.
Valerie Ross, Director of Development Services, answered in the affirmative.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Development Services be authorized to release bonding posted by
University Park, LLC to guarantee completion of infrastructure improvements
for Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and Tract No. 16509-5
(Unit 5 - Lots 91 through 105) as approved by Resolution No. 2005-299, dated
September 6, 2005, except bonding posted for improvements in the Landscape
Maintenance District.
The motion carried and Resolution No. 2006-249 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
20. RES. 2006-240 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement between the
City of San Bernardino and Rogers Anderson Malody and Scott L.L.P. for
the provision of financial auditing services.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-240 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14 07/10/2006
21. RES. 2006-241 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino City Fire Department to
enter into a new Interagency Instructional Services Agreement with Rancho
Santiago Community College District.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted; and
that the Director of Finance be authorized to amend the FY 2006/07 budget and
increase General Fund revenue Account No. 001-000-4708 (Fire Training
Agreement) by $21,800 from $36,000 to a new total of $57,800.
The motion carried and Resolution No. 2006-241 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
22. RES. 2006-242 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino City Fire Department
(SBCFD) to enter into a Cooperative Agreement with the United States
Department of Agriculture (USDA), San Bernardino National Forest
relating to fire protection and rescue services within the mutual threat zone.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-242 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. RES. 2006-250 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Finance Director or her designee to
execute a purchase order in an amount not to exceed $450,377 to Micon
Construction, Inc. for the purchase and installation of three (3) water
playground systems located at Jerry Lewis Swim Center, Wildwood Park,
and Lytle Creek Park.
James Penman, City Attorney, stated that he was concerned about the safety of
the water features.
Lemuel Randolph, Director of Parks, Recreation and Community Services,
described the nature of the water features and stated that he did not expect to
have any problems; however, he would have them monitored.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
15 07/10/2006
Resolution No. 2006-250 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2006-243 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Agreement with the
California Highway Patrol, San Bernardino allowing the California
Highway Patrol to use the City of San Bernardino Police Department's
Firing Range.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-243 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. RES. 2006-251 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an annual purchase order, with three single
year renewal options, to Pride Automotive for automotive, light and
medium duty truck transmission service, repair and exchange for the City's
fleet.
Agenda Item Nos. 25 and 27 were discussed simultaneously.
Council Member/Commissioner McCammack voiced her concerns regarding
buying from local vendors and added that the City is desperately trying to pay
for public safety.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-251 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2006-244 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an annual purchase order, with three single
year renewal options, to Drake Supply Company of Fontana, for Unity
spotlights, Target Tech strobes and light bars and miscellaneous electrical
supplies for the City's fleet.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
16 07/10/2006
Resolution No. 2006-244 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2006-252 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Crest
Chevrolet for a 2007 4WD Tahoe Command Vehicle to be utilized by the
Fire Department.
Agenda Item Nos. 25 and 27 were discussed simultaneously.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-252 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2006-245 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Steiny
& Company, Inc. for installation of an electrical service at the Waterman
Landfill treatment site.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-245 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. Item Deleted
30. RES. 2006-246 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Executive Director of the San
Bernardino Employment and Training Agency to execute a Subgrant
Agreement with the State of California Employment Development
Department, and rescinding Resolution No. 83-306.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-246 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17 07/10/2006
31. RES. 2006-253 — Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of an on-line grant application for the
FY 2006 Staffing for Adequate Fire and Emergency Response (S.A.F.E.R.)
grant submitted to the Department of Homeland Security Federal
Emergency Management Agency.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, submitted articles and
spoke about the over -funding of the Fire Department and questioned whether
this grant was a good idea.
Council Member/Commissioner McGinnis asked if a source of revenue had
already been identified to pay for this versus paying for more police officers.
Fred Wilson, City Manager, stated that this was part of the commitment the
Council had made to ramp up the staffing of the Fire Department from 3 to 4
fire fighters, and this funding simply helps the City reach that goal without
having to impact the general fund sooner rather than later. He stated that they
would probably look to the General Fund reserves and/or the savings they hope
to achieve after the first quarter to help pay for the grant.
Council Member/Commissioner McCammack stated that this is an issue for the
safety of our fire fighters when they are going into a structure to save it from a
fire, and this is a group of fire fighters that we were probably going to hire
anyway.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-253 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. RES. 2006-254 — Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the FY 2006 Homeland
Security Grant Program and the Emergency Operations Center budget
detail worksheets to the San Bernardino County Fire Department, Office of
Emergency Services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-254 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18 07/10/2006
33. RES. 2006-255 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the budget detail worksheet for
the Fiscal Year 2006 Metropolitan Medical Response System (NIMRS) grant
program to the San Bernardino County Fire Department, Office of
Emergency Services.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-255 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
34. RES. 2006-256 - Resolution of the City of San Bernardino ratifying the
submittal of the COPS 2006 Technology Grant application and authorizing
the Police Department to administer the grant award in accordance with the
Grant Expenditure Plan.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-256 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
35. RES. 2006-257 - Resolution of the City of San Bernardino ratifying the
submittal of the FY 2006 Homeland Security Grant application and
authorizing the Police Department to administer the awarded grant funds in
accordance with the Grant Expenditure Plan.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-257 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
36. Item Deleted
37. Public hearing - resolution ordering work - San Bernardino International
Airport/Alliance-California Area Landscape and Lighting Maintenance
Assessment District No. 1022, Zones 1, 2 and 3 (Continued from June 19,
2006)
19 07/10/2006
Resolution of the City of San Bernardino finding and determining the
existence of less than a majority protest, that ballots submitted in favor of
the assessment exceed the ballots submitted in opposition to the assessment
and that the public convenience and necessity require the maintenance of
landscaping in San Bernardino International Airport/Alliance-California
area, generally north of Central Avenue, east of Lena Road and south of 3'"
Street, approving the Final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1022, Zone 1, Zone 2, and Zone 3, ordering the work, confirming the
2006-2007 assessment roll, and determining that the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931 shall not apply.
The hearing remained open.
No public comments were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of July 24, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
38. Council Minutes — May 1, 2006 and May 22, 2006 (Continued from June 19,
2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the minutes be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
39. Council Minutes — May 15, 2006 (Continued from June 19, 2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the minutes be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20 07/10/2006
40. Legislative Update (Continued from June 19, 2006)
Council Member/Commissioner McCammack provided a legislative update
relative to housing bills that are pending and need to be supported because they
are good for the City of San Bernardino or need to be killed because they are
bad for the City of San Bernardino.
Ms. McCammack stated that there is an eminent domain initiative that is likely
to be placed on the ballot in November and it is called the "Anderson Initiative"
or "Protect our Homes."
Ms. McCammack stated that another piece of legislation in Sacramento is the
Telecommunications Bill, or AB 2987, and the public needs to understand the
ramifications of this particular piece of legislation. She stated that it is being
advertised by AT&T and Verizon as fair competition of telecommunication
services, but as with electric deregulation several years ago, the intent is to
make it more cost effective for the consumer, and we all know what happened
with that particular piece of legislation. Ms. McCammack stated that she
believes the League of California Cities is afraid that this is heading down that
same slippery slope. She noted that the commercials say it will make your cable
bill cheaper, and it might at first, but as with electricity, beware of things that
sound too good to be true.
Mayor/Chairman Morris stated that the eminent domain initiative did qualify
and it will appear on the November ballot. He suggested that the residents of
San Bernardino read the analysis and the information both in support and in
opposition very carefully in order to be fully informed on this proposed
initiative that will profoundly alter the way the City does business.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the report from the League of
California Cities, Housing, Community and Economic Development Committee
Meeting of 6-22-06, be received and filed.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Estrada.
41. RES. 2006-258 — Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute Amendment No. 2 to
the Lease between the City of San Bernardino and the San Bernardino
Stampede, Inc. (Continued from June 20, 2006)
Council Member/Commissioner McGinnis stated that he had a concern with
someone else maintaining the field.
21 07/10/2006
Mayor/Chairman Morris stated that this particular item only transfers
responsibility for landscape maintenance.
City Attorney Penman stated that the primary purpose for the change of this
amendment was to shift the responsibility for maintaining the field from the City
to the team. They have agreed to take down the backstop prior to a non -
baseball event and raise the backstop upon the completion of a non -baseball
event, but that is the only real change that he could recall.
Lori Sassoon, Assistant City Manager, stated that pursuant to the first
amendment to the agreement, the team has the responsibility and discretion to
market and manage the stadium on a year-round basis, and under the current
arrangement it's the team's decision whether or not to allow a non -baseball
event on a given day. She stated that the agreement contains language that
allows the City to request a certain number of events per year given reasonable
notice. She requested that in the future if the Council has any issues to please
bring them to her attention and they would try to work through them with the
team.
Ms. Sassoon stated that this is the first time she's ever heard of an issue, but she
feels that the team would be willing to work with the City to resolve any issues.
She stated that it's difficult to share park maintenance personnel and the regular
maintenance functions with the stadium over any extended period of time.
Council Member/Commissioner McCammack suggested that they have had
some difficulty in getting the team to agree as to what is reasonable and if we
could change the language to a 24 hour notice and get them to agree to it,
maybe they should leave that in the hands of the Mayor and the City Manager.
Council Member/Commissioner McGinnis asked if this portion of the contract
could be canceled at any given time.
Ms. Sassoon stated that the current lease is for a ten-year period that expires in
October.
Mr. McGinnis asked if this was just a maintenance agreement.
Ms. Sassoon stated that it was an amendment to the existing lease.
Mayor/Chairman Morris advised that they should move ahead, and he suggested
that they could reopen discussion on this issue next month.
Mr. Penman stated that there are good legal reasons to proceed with the
contract. He mentioned that the City really started behind in this agreement in
that the Mayor and Council were already in office when the agreement was
initially negotiated. He stated that the City was willing to subsidize the Los
Angeles Dodgers in order to have a Dodgers minor league team here in San
22 07/10/2006
Bernardino and, as a result, there was a good deal of discussion by the Mayor
and Council as to some of the terms of the agreement. But, the decision was
made by the Mayor and Council that they really wanted the Los Angeles
Dodgers to be here and have their affiliate team here. So given that, an
agreement was entered into which was probably not in the best financial interest
of the City, if you just look at dollars, but the Mayor and Council at that time
weighed the fact that it was the Los Angeles Dodgers. Since then, every time
we have an opportunity we try to gain a little bit, as does the team.
He stated that in Section 5.04.2 on page 2 of the agreement, the team wanted us
to have a provision that, "If, due to unavoidable, unforeseen circumstances, the
Tenant (meaning the team) is unable to perform the groundskeeping services
described herein, the City agrees to resume the groundskeeping services, which
Mr. Penman advised was changed to read, "the City agrees to negotiate with
Tenant for the performance of said services."
Mr. Penman stated that a particular area of difficulty was Section 21.01.1 on
page 3, in that the City is obligated to replace any seats that are broken. In this
agreement they added the following language: "The City shall be credited a flat
rate of $40.00 for each seat that is replaced or repaired," and "The total amount
credited to the City shall be deducted against the field maintenance credit. The
total amount to be credited to the City for stadium seat replacement/repair shall
not exceed $10,000 annually, although it may be less." Mr. Penman advised
that at the present time the City is not able to maintain the field for the rest of
the season and the team is willing to do that in exchange for credit on the
agreement in the amount of $80,000, which seemed to him to be a reasonable
amount. He added that he believed this put the City in a slightly better position.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted; and that
the Director of Finance be authorized to amend the final FY 2006/07 budget as
outlined in the staff report dated June 27, 2006, from Fred Wilson, City
Manager.
The motion carried and Resolution No. 2006-258 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: Council Member/Commissioner McGinnis.
Absent: None.
42. Set a Council workshop for July 24, 2006, at 5:30 p.m. in the Economic
Development Agency Boardroom to discuss the formation of a new San
Bernardino community center and park
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that a Council workshop be set for July 24,
23 07/10/2006
2006, at 5:30 p.m. in the Economic Development Agency Boardroom to discuss
the formation of a new San Bernardino community center and park.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
43. Item Deleted
44. Item Deleted
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney
Calkins, City Clerk Clark, Economic Development Agency Executive Director Pacheco
and Special Counsel Sabo.
R45. Hearing - resolution of public interest and necessity for acquisition of real
property - 796 W. 51° Street
RES. CDC/2006-25 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the public interest and
necessity of acquisition of real property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 796 W. 5' Street, San Bernardino, California (APN:
0134-054-25) in the Central City North Redevelopment Project Area, and
rescinding Resolution No. CDC/2006-15.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, stated
that they previously had this item before this body to consider adoption of a
resolution of necessity. She stated that the property owner has been provided
with all the appropriate offers pursuant to Redevelopment Law, and no
responses have been received.
No public comments were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
24 07/10/2006
The motion carried and Resolution No. CDC/2006-25 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner
McCammack. Absent: None.
R46. Hearing - resolution of public interest and necessity for acquisition of real
property - 495 N. "G" Street
RES. CDC/2006-26 - Resolution of the Community Development
Commission of the City of San Bernardino declaring the public interest and
necessity of acquisition of real property by the Redevelopment Agency of
the City of San Bernardino for community redevelopment purposes over the
property located at 495 North "G" Street, San Bernardino, California
(APN: 0134-101-28) in the Central City North Redevelopment Project Area,
and rescinding Resolution No. CDC/2006-16.
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Economic Development Agency Executive Director, stated
that this was considered on June 5 by this Commission and the property owner
has been provided with all the appropriate offers. She stated that if there is no
resolution with regard to acquisition of the property, they are recommending
that the Commission again consider the resolution of necessity. Ms. Pacheco
advised that if the property owner is present he should be given an opportunity
to speak on this matter.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted.
Council Member/Commissioner McCammack stated that these two properties
were being paid for out of the bond issue that she had voted against; therefore,
she needed to be consistent with her vote on these two particular properties.
The motion carried and Resolution No. CDC/2006-26 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner
McCammack. Absent: None.
25 07/10/2006
R47. RES. CDC/2006-27 — Resolution of the Community Development
Commission of the City of San Bernardino (1) approving the sale of
Tuscany Apartments (the "Property") to Capital Foresight Limited
Partnership and (2) approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to
execute an Assumption Agreement related to the sale of the property.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2006-27 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
PLANNING
48. Public hearing — request for reconsideration of the denial of Appeal No. 05-
24, upholding the Planning Commission denial of DPI No. 05-81, a proposal
to establish a coin-operated laundry at 4399 N. Sierra Way in the CG -1,
Commercial General, land use district
Mayor/Chairman Morris opened the hearing.
Valerie Ross, Director of Development Services, provided background
information. She stated that the Development Code contains provisions
whereby an applicant can request reconsideration based on additional facts or
information. She noted that that is discretionary on the part of the Council and
the hearing authority may vote to reconsider. In May, staff received backup
information to support the request for reconsideration. Ms. Ross stated that the
new information that was provided by the applicant is that the business itself has
been sold to Golden State Laundry Systems, a company that runs these types of
facilities. Golden State proposes to improve the site, which includes a major
remodel of the building, installing a glass door front, installing a video
surveillance system and upgrading the exterior lighting. Golden State has also
committed to have a staff person at the site during all hours of operation. Based
on those proposed changes, staff recommends that the laundry facility be
approved.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council reconsider the December 19, 2005 denial of Appeal No. 05-24.
26 07/10/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Kelley, Johnson, McCammack. Nays:
Council Members/Commissioners Baxter, Derry. Absent: None.
Pursuant to Resolution No. 2005-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Bill Lemann, Attorney representing Mr. Lee, 215 N. "D" Street, Suite 100,
San Bernardino, CA, stated that staff's report accurately reflects their agreement
with regard to their application for reconsideration and their agreement for
modification to the items that were approved by staff at the August meeting. He
stated that conditions of approval were contained in the backup that identify, as
of July 10, 2006, three items that were critical to members of the Council at the
last hearing. He stated that one issue was whether or not they would have full
time employees, managers and attendants at the facility, and they are in
agreement to make that a condition of approval.
Mr. Lemann stated that members of the Council also raised the issue of security
and the fagade of the building and whether or not they could add plate glass as
well as glass doors on the west side of the building that faces the patio, so that
you could see through the facility at every angle. He noted that the architects
and engineers have reported that they could add those windows and the applicant
is willing to do so. In addition to the windows that are going to be added to the
facility, Mr. Lemann stated that the operators will install a state-of-the-art
camera system and that surveillance will operate at all times during the
operation of the laundromat and they will keep a digital video tape of everything
that goes on in the facility. He stated that there was also a question about
outdoor lighting in the parking areas and along the store front, and the applicant
is anxious to put in whatever kind of lighting is requested by the Council.
Bob Fisher, 247 E. 42"d Street, San Bernardino, CA, stated that the crime in
this area is out of hand. He stated that there are already two laundromats in the
area, and he suggested that the Council look closely at this proposal.
Mary Cox, 219 E. 44' Street, San Bernardino, CA, stated that they don't live
in a crime -free area so they need to stay vigilant as to what's coming into their
neighborhoods. She stated that they don't need any additional liquor stores, 99¢
stores, or coin laundries. Ms. Cox stated that the apartments have their own
laundry facilities and the people who will use the laundry are people who can't
afford their own washers and dryers. She feels that this is not a "common
sense" issue, but a "dollars and cents" issue, and the residents don't appreciate
having people tell them what they need in their neighborhood.
Council Member/Commissioner Johnson stated that he still had concerns with
the windows.
27 07/10/2006
Mr. Leman stated that the applicant is willing to work with the Council on the
windows as long as they are approved by the architect.
Council Member/Commissioner McCammack voiced her concerns about the
amount of crime in that area and stated that she felt there were better uses for
that property.
Mr. Lemann stated that this will be the best laundromat in the area, and he
believes that in order for the other landromats to stay in business, they will
have to upgrade their appearances as well. He stated that the trend is to use a
card, much like an ATM card, and they predict this may happen by the time
their laundromat opens for business.
Council Member/Commissioner Kelley stated that considering the fact that this
is a vacant building, and considering the fact that this is an improvement, he
hoped this would be the beginning of much more improvement in that area.
Mr. Kelley asked if the Council, if it was their desire to approve this facility,
could condition the applicant to use that type of card, so the concern of an all
cash business could be resolved.
Ms. Ross stated that she believed that was an appropriate condition to impose.
She stated that staff believes the measures being proposed, especially the
changes to the building to improve safety, should address the concerns that were
raised by the Council.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that the Mayor
and Common Council reverse the denial of Appeal No. 05-24, thereby
upholding the August 5, 2005 approval of Development Permit Type 1 No. 05-
81, subject to the revised conditions of approval recommended in Exhibit 3.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Kelley, Johnson. Nays: Council Members/
Commissioners Baxter, Derry, McCammack. Absent: None.
49. Public Comments
Randy Lally, 2249 W. Walnut Street, San Bernardino, CA, spoke on behalf of
his neighbors regarding the southwest pocket of the City near Macy between
Mill and Rialto Avenues. He stated that he has spoken with Councilman
McGinnis several times about this particular area, which is the flood control
basin on the corner of Macy and Walnut. Mr. Lally stated that the residents had
concerns about the still water, the drainage, and the swamp -like atmosphere for
100 yards through the middle of this basin. He stated that once every couple of
28 07/10/2006
months, members of the maintenance crew come by and dig up the mud and just
throw it to the side, then it builds back up, and it is a continuous process.
Christina Marquez, 1494 W. 9' Street, San Bernardino, CA, voiced her
concerns regarding the use of illegal fireworks in both the Sixth and First
Wards.
Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, spoke about
Proposition 90 regarding eminent domain.
Dee McClure, Construction Liaison from Caltrans, gave an update of an
upcoming construction project called Devote 11, which is on Interstate 15 in
Fontana from Sierra Avenue to just south of Cleghorn Road in the Cajon Pass.
She stated that there were going to be some directional closures this summer and
next summer.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
death of the son of a retired police officer who was killed last week during a
drug investigation.
Marshall D. Goodwill, 957 W. Fromer Street, Rialto, CA, submitted a plan to
take gang members off the streets.
50. Adjournment
At 6:58 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, July 24, 2006, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 50
No. of Hours: 5.5
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
29 07/10/2006