HomeMy WebLinkAbout06-Council Minutes
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor POlrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Vacant
Neil Derry
Chos Kelley
RUcke Van Johnson
Wendy McCamrrwck
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 2, 2006
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:41 p.m., Monday, October 2, 2006, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by Assistant to the City Clerk Medina with the following being
present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Kelley,
Johnson, McCammack; City Attorney Penman, Assistant to the City Clerk Medina, City
Manager Wilson. Absent: Council Members/Commissioners Estrada, Derry. Vacant:
Third Ward.
Council Member/Commissioner Estrada Arrived
At 2:20 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 - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
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RDA v. Alvarez, et al. - United States District Court Case No. EDCV
02-142 RT (SGLx) and San Bernardino Superior Court Case No. SCVSS
86091 ;
Santos v. St. Bernardine's - San Bernardino Superior Court Case No.
SCVSS 128824;
Center for Biological Diversity (Petitioner) v. City, et al. - San
Bernardino Superior Court Case No. SCVSS 132463;
California Bio-Mass, A California Corporation, et al. v. City of San
Bernardino - San Bernardino Superior Court Case No. SCVSS 83473;
James Kemp v. City of San Bernardino - San Bernardino Superior Court
Case No. SCVSS 130936.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Govermnent Code Section 54956.9:
Stewan Cumming v. Nonhwest Project Area Committee and the
Redevelopment Agency
Claim filed by City of Riverside/Gage Canal Company
C. Conference with legal counsel - anticipated litigation - Initiation of
litigation - pursuant to subdivision (c) of Govermnent Code Section
54956.9:
City of San Bernardino and the Redevelopment Agency of the City of
San Bernardino v. Upham Development Company, EI Cone Ingles,
S.A. Company, The Harris Company, and LNR San Bernardino, LLC
D. Closed Session - personnel - pursuant to Govermnent Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Govermnent Code Section
54957.
F. Conference with labor negotiator - pursuant to Govermnent Code Section
54957.6:
Negotiator:
Linn Livingston, Human Resources Director
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Employee Or~anizations:
Police Management
Fire Management
General Bargaining Unit
Mid-Management Unit
Management Confidential Unit
G. Conference with real property negotiator - pursuant to Govermnent Code
Section 54956.8:
Uptown Redevelopment Project Area (La Placita Project)
1.
Property:
Vacant Land
APN: 0138-301-08
Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, and
Alice E. Spar, et aI., property owner(s)
Under Ne~otiation: Purchase price, terms and conditions
2. Property Address: 795 West 5th Street, San Bernardino
APN: 0134-093-41
Ne~otiatin~ 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 Ne~otiation: Purchase price, terms, and conditions
3. Property Address: 696 West 5th Street, San Bernardino
APN: 0134-061-21, 22, 25 and 30
Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Bruce C. Ko, Christopher C. Ko
and Henry C. Ko, property owners/ sellers
Under Ne~otiation: Purchase price, terms, and conditions
4. Property Address: 673 West 5th Street, San Bernardino
APN: 0134-101-02 and 03
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Nej1;otiatinj1; Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and San Bernardino School Property
and Gerardo Garcia, property owners/sellers
Under Nej1;otiation: Purchase price, terms, and conditions
Central City North Redevelopment Project Area (Old Towne)
5. Property Address: 631 North "G" Street, San Bernardino
APN 0134-021-29
Nej1;otiatinj1; Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Willie and Jerry Wagoner and
Rose Harris, et aI., property owners/sellers
Under Nej1;otiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following additional case would be
discussed in closed session:
Arlene Still v. City of San Bernardino - San Bernardino Superior Court Case
No. SCVSS 132003.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common Council
and Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David Randolph, Chaplain at San Bernardino
Community Hospital, followed by the pledge of allegiance, led by Emily Martinez, a
student at Ramona-Alessandro Elementary School.
2. Appointments
· Frank M. Guzman - Community Television Commission - Council Member
McCammack
· Council Member Estrada - Personnel Committee - Mayor Morris
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the appointments of Frank Guzman
to the Community Television Commission, as requested by Council Member
McCammack; and Council Member Estrada to the Personnel Committee, as
requested by Mayor Morris, be approved.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
3. Presentations & Proclamations
Mayor Morris presented a Certificate of Recognition to Donna Tuttle, owner of
the Inland Empire 66ers, in honor of the team winning its 5"' California League
Championship.
Mayor Morris presented a Certificate of Commendation to Lindy Torbett,
volunteer manager of the San Bernardino Community Gardens for the past 29
years, for his outstanding support and dedication.
Mayor Morris presented a proclamation designating the week of October 8-14,
2006, as Fire Prevention Week to Deputy Fire Chief Michael Conrad and Fire
Marshal Doug Dupree.
Becky Estrella introduced herself to the Mayor and Common Council as the new
Public Affairs Manager for the Southern California Gas Company.
Councilwoman Esther Estrada presented the Citizen of the Month A ward to
Adrienne Schubert, Vice-President and Administrator of Mary's Mercy Center,
Inc.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that full reading of the resolutions and ordinances
on the regular and supplemental agendas of the Mayor and Common Council and
Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
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6. Council Minutes
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission be
approved as submitted in typewritten form: August 21,2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
7. Claims & Payroll
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated September 18, 2006, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
8. Personnel Actions
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated September 27, 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, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
9. ORD. MC-1231 - An Ordinance of the City of San Bernardino amending
Section 5.04.525(D) of the San Bernardino Municipal Code and adding
Section 5.04.525(H) to the San Bernardino Municipal Code relating to
Business Registration fees based on gross receipts. FINAL READING
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-123l was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCanunack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
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10. RES. 2006-347 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Hillcrest Contracting, Inc. for
street improvements and beautification project on Victoria Avenue from 28th
Street to Lynwood Drive - Phase I (SS05-25), per Project Plan No. 11619.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-347 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada. Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
11. RES. 2006-348 - Resolution of the Mayor and Common Council of the City
of San Bernardino of intention to make application to the Local Agency
Formation Commission for annexation of various county islands.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-348 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
12. RES. 2006-353 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a contract with and issuance
of a purchase order to Golden Acquisition Corp. D.B.A. EFS West for the
construction, start-up and commissioning of a Liquefied Natural
Gas/Liquefied to Compressed Natural Gas (LNG/LCNG) fueling station at
the City Yard in the City of San Bernardino per Plans and Special Provisions
No. 11842.
Rick Mendoza, 4210 La Palma Avenue, Anaheim, CA, Vice-President of
Weaver Electric Inc., stated that he was concerned as to why they were found to
be unresponsive to the quote. He stated that during the evaluation process they
answered questions that they considered to be clarifications. Mr. Mendoza noted
that the recommendation from staff stated that negotiations continued with
Weaver Electric Inc.; however, there were no negotiations going on-they were
simply clarifying staff s questions. He stated that there is no reason why the City
should pay an additional $63,000 for award of this contract because Weaver
Electric is highly qualified in the Alternative Fuel Solutions Industry and they
were low bidder.
James Penman, City Attorney, advised that the Weaver bid was found to be non-
responsive by the City's consultant, Gladstein, Neandross & Associates, and was
therefore rejected. He stated that Weaver Electric Inc. did not meet the minimum
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10/02/2006
qualifications as set forth in the project specification because they did not provide
a California registered mechanical engineer with five years of experience in
cryogenic mechanical design in the bid package. Mr. Penman stated that Weaver
was offered the opportunity to clarify this important part of their bid and was
unable to show a qualified engineer as part of the proposed project team. Later,
Weaver added a qualified engineering firm to the team, but this would constitute
post -bid negotiations which is not permitted under Caltrans rules. He stated that
the City is required to follow the California Department of Transportation's Local
Assistance Procedures Manual in order to remain qualified for CMAQ funds.
Mr. Mendoza stated that their interpretation of negotiation is the actual bartering
and the exchange of documentation. He stated that they provided clarifications
and it was his understanding that the second bidder also provided clarifications,
so he was unsure why his clarifications were considered negotiations.
Council Member/Commissioner McCammack asked Mr. Mendoza if they had
provided the clarifications by the given time.
Mr. Mendoza answered in the affirmative. He stated that they worked strictly
with the City's consultant and answered all questions in a timely manner.
Eric Neandross of Gladstein, Neandross & Associates (GNA) stated that the
cryogenic engineering qualification was very important, and they could not find
that information within the original bid submitted by Weaver Electric. He stated
that in the process of asking for clarification, they asked Weaver to identify which
one of their team members had the engineer that was going to stamp the
drawings. Mr. Neandross stated that they were unable to find that engineer
within the team that was submitted as part of the original bid and that there was
another firm that was identified after the submittal of the original bid during the
clarification process. He stated that it was their opinion that that would be
accepting new information that was not part of the original bid.
Mr. Mendoza stated that they had provided a list of engineers in the original
proposal who had all the necessary qualifications.
Council Member/Commissioner McCarnmack stated that the clarification that was
being discussed was not clear. She stated that the consultant was suggesting that
. this was new information and Mr. Mendoza was stating that this was not new
information.
Mr. Penman stated that his office had determined that Weaver came forward with
the qualified engineer during the post-submittal period-that it was not part of the
original submittal.
Council Member/Commissioner McCarnmack made a motion to continue this
item. The motion failed for lack of a second.
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Mayor Morris stated that this matter was reviewed by the department, the
consultant, and by Mr. Penman's Office, and they all reached the same
conclusion-that the bid did not meet the requirements.
Council Member/Commissioner Estrada stated that it appeared to her that the
actions that were taken were done after the fact in terms of trying to comply with
that part of the requirement in the bid package.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council find the
Weaver Electric Inc. bid non-responsive; that said resolution be adopted; and that
the Director of Finance be authorized to amend the FY 2006/2007 adopted budget
and appropriate $400,200 from the Refuse fund balance to Account No. 527-415-
5193-7449 and appropriate $400,200 from the Sewer fund balance to Account
No. 132-431-5193-7449. In addition, the Director of Finance is authorized to
increase revenue and expenditures in Account Nos. 242-000-4658 and 242-362-
5504-7449 in the amount of $91,200 for the additional CMAQ funds to be
received for the project.
The motion carried and Resolution No. 2006-353 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson.
Nays: Council Member/Commissioner McCammack. Absent: Council
Member/Commissioner Derry. Vacant: Third Ward.
13. Reject all bids and solicit new bids for the Air Conditioning Equipment &
Boiler Replacement for Norton Gym
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council authorize
the Purchasing Manager to reject all bids received for RFQ F-07-08 air
conditioning equipment and boiler replacement for Norton Gym, and authorize
the Purchasing Manager to solicit new bids.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
14. Set a workshop with State Senator Bob Dutton for November 20, 2006, at 5
p.m. in the MIC Room, 6th Floor of City Hall
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that a workshop be scheduled for Monday,
November 20, 2006, at 5 p.m. in the MIC Room, 6th Floor, City Hall.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
15. RES. 2006-349 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution 2006-299 approving a certain
Memorandum of Understanding in connection with the application to the
State of California for the designation of an Enterprise Zone within a portion
of its territorial jurisdiction.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-349 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
16. RES. 2006-350 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of Amendment No. 2 of the Title
III-B Contract through the County of San Bernardino Department of Aging
and Adult Services (OAAS) for assisted transportation for the period July 1,
2006 through June 30,2007.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-350 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
17. RES. 2006-351 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of Amendment No. 2 of the Title
III-B Contract through the County of San Bernardino Department of Aging
and Adult Services (OAAS) for senior outreach services for the period July 1,
2006 through June 30,2007.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-351 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
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18. RES. 2006-352 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of the Fifth Amendment to the
Memorandum of Understanding (MOU) with the San Bernardino County
Auto Theft Task Force (SANCATT).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-352 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
19. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Western Pacific Signal, LLC
for the purchase of signal controllers to be utilized by the Street Division.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of October 16, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
20. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing an increase to a purchase order with Matich Corporation for
asphalt paving services.
Note: No resolution was distributed.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of October 16, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of a purchase order to Zumar Industries, Inc. for
the purchase of traffic signs for repair, removal and replacement of damaged
signs, faded signs, vandalized signs, and new installation of signs located
throughout the City of San Bernardino.
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10/02/2006
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of October 16, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
22. ORD. MC-1232 - An Ordinance of the Mayor and Common Council of the
City of San Bernardino, California repealing Chapter 8.21; repealing and
replacing Chapter 8.24 of the San Bernardino Municipal Code regarding
garbage and rubbish and repealing and replacing Chapter 8.25 regarding
scavenging of recyclable materials. FINAL READING
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-1232 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
23. ORD. MC-1234 - An Ordinance of the Mayor and Common Council of the
City of San Bernardino amending Chapter 9.90 of the San Bernardino
Municipal Code regarding authority to arrest - citations. FINAL READING
Note: Agenda Item Nos. 23 and 24 were discussed simultaneously. See Agenda
Item No. 24 for public comments.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-1234 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCarnmack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
24. ORD. MC-1235 - An Ordinance of the Mayor and Common Council of the
City of San Bernardino amending Section 8.39.020 of the San Bernardino
Municipal Code regarding nuisance vehicles. FINAL READING
Note: Agenda Item Nos. 23 and 24 were discussed simultaneously.
Council Member/Commissioner McCammack stated that it was very difficult to
understand what the law is, how it will be enforced, and what the penalty will be.
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10/02/2006
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he
understood this ordinance to mean that if a business is not legally licensed to do
business in the City of San Bernardino, then their property could be seized. He
thought it might be a good idea for the City to send a letter informing its residents
that they need to hire licensed gardeners, because if they are caught hauling green
waste, there is a very good chance that their vehicles could be seized.
Regarding Agenda Item No. 23, Mr. Lindberg stated that the City was creating
"garbage cops" who would be issuing citations to citizens who do not correctly
sort their recyclable items in their bins. Mr. Lindberg stated that if all the
recycling centers are closed, why should the public be expected to pay for the
bins only to hand over their recyclable items to the City.
Council Member/Commissioner McCammack stated that she wanted to clarify for
the public that if anyone is illegally dumping anything out of their vehicle, the
City has the right to confiscate that vehicle. She stated that the City is not going
to shut down any recycling centers-that the moratorium applied to new recycling
centers only.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-1235 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
25. RES. 2006-354 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application and authorizing the Police Department to
administer the Alcohol Beverage Control Shoulder Tap Program grant funds
in accordance with the Grant Expenditure Plan.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-354 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
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10/02/2006
26. RES. 2006-355 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application and authorizing the Police Department to
administer the Alcohol Beverage Control Minor Decoy Program 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. 2006-355 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
27. RES. 2006-356 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending the Expense and Reimbursement Policy for
Legislative Bodies and Ethics Training Policy for Elected and Appointed
Officials.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-356 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
28. Public meeting - formation of a Landscape Maintenance Assessment District
in the Ohio Avenue and Pine Avenue Area (fract No. 16547 - AD 1047)
Mayor/Chairman Morris opened the public meeting.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the public meeting relative to the formation
of the Ohio A venue and Pine A venue Area Landscape Maintenance Assessment
District No. 1047, be closed; and protests and ballots, if any, be carried over to
the public hearing on October 16, 2006, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Baxter, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Members/Commissioners Estrada, Derry. Vacant: Third Ward.
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29. RES. 2006-357 - Resolution of the City of San Bernardino approving a
Services Agreement with Doulames II Limited dba Convert-A-Doc for the
provision of document imaging services. (Continued from September 18, 2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-357 was adopted by the following vote: Ayes: Council
Members/Commissioners Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Derry. Vacant: Third
Ward.
COMMUNITY DEVELOPMENT COMMISSION
Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Kelley, Johnson, McCammack; City Attorney Penman, Assistant to the City
Clerk Medina; Economic Development Agency Executive Director Pacheco and Special
Counsel Sabo. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
R30. 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 2006 Property Owner Participation Agreement by and between the
Agency and Christopher Cheng-Chyh Ko, Bruce Cheng-Hsieh Ko and Henry
Cheng-Ju Ko ("Property Owners") for the development of the property.
(696 W. 5th Street) (Continued from September 18, 2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
R31. Public hearing - 2006 HOME Funds Development Agreement for
development of four (4) single-family in-fIll homes - Arroyo Valley
Community Economic Development Corporation (Arroyo), a non-profit
corporation (Continued from September 18, 2006)
15
10/02/2006
Resolution of the Mayor and Common Council of the City of San Bernardino
approving an Amendment to the 2005/2010 Consolidated Plan and the
2006/2007 Annual Plan and consenting to the disposition of certain property
located on 16th and Harris Streets (APN: 0144-131-21) and 17th and "J"
Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino, by
the Redevelopment Agency of the City of San Bernardino ("Agency")
pursuant to the terms of the 2006 HOME Funds Development Agreement, by
and between the Agency and, Arroyo Valley Community Economic
Development Corporation ("Arroyo") and Inland Empire Concerned African
American Churches ("Churches") (collectively referred to as "Developer") -
Inland Valley Development Agency (lVDA) Redevelopment Project Area.
(R31A)
Resolution of the Community Development Commission of the City of San
Bernardino approving the Disposition of certain property located on 1~ and
Harris Streets (APN: 0144-131-21) and 17th and "J" Streets (APN: 0144-131-
36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment
Agency of the City of San Bernardino ("Agency") and authorizing the
Executive Director of the Agency to execute the 2006 HOME Funds
Development Agreement, by and between the Agency and, Arroyo Valley
Community Economic Development Corporation ("Arroyo") and Inland
Empire Concerned African American Churches ("Churches") (collectively
referred to as "Developer") - Inland Valley Development Agency (lVDA)
Redevelopment Project Area. (R31B)
Mayor/Chairman Morris opened the public hearing.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the matter be continued to the Council/
Commission meeting of October 16, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
R32. Joint public hearing - Amendment No. 1 to the 2005 40th Street
Redevelopment Project Area Single Family Residential Disposition and
Development Agreement - TELACU Development, LLC
16
10102/2006
RES. 2006-359 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to the disposition of certain property located at
267 East 49th Street (APN: 0154-126-25) by the Redevelopment Agency of the
City of San Bernardino ("Agency") pursuant to Amendment No.1 to the
2005 40th Street Redevelopment Project Area Single Family Residential
Disposition and Development Agreement (TELACU 49th Street New Homes
Project) between the Agency and TELACU Development, LLC ("Developer")
- 40th Street Redevelopment Project Area. (R32A)
RES. CDC/2006-43 - Resolution of the Community Development Commission
of the City of San Bernardino approving Amendment No. 1 to the 2005 40th
Street Redevelopment Project Area Single Family Residential Disposition and
Development Agreement (TELACU 49th Street New Homes Project)
(" Amendment No.1") by and between the Redevelopment Agency of the City
of San Bernardino ("Agency") and TELACU Development, LLC
("Developer"); making certain findings thereto and authorizing the Executive
Director of the Agency to execute Amendment No. 1 - 40th Street
Redevelopment Project Area. (R32B)
Mayor/Chairman Morris opened the public hearing.
Maggie Pacheco, Economic Development Agency Executive Director, provided
highlights of the staff report.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolutions A&B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2006-359
and Community Development Commission Resolution No. CDC/2006-43 were
adopted by the following vote: Ayes: Council Members/Commissioners Estrada,
Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council
Member/Commissioner Derry. Vacant: Third Ward.
PLANNING
33. Public hearing - Development Code Amendment No. 06-02 to add Section
19.06.025 to the Development Code to prohibit establishment or relocation of
specified businesses in the City of San Bernardino
17
10/02/2006
ORD. MC-1233 - An Urgency Ordinance of the City of San Bernardino
adding San Bernardino Municipal Code Section 19.06.025 (Development
Code) and prohibiting the establishment of certain new businesses and the
relocation of said businesses in the City, declaring the urgency thereof, and
taking effect immediately. URGENCY (33A)
An Ordinance of the City of San Bernardino adding San Bernardino
Municipal Code Section 19.06.025 (Development Code) and prohibiting the
establishment of certain new businesses and the relocation of said businesses
in the City. FIRST READING (33B)
Mayor/Chairman Morris opened the public hearing.
Valerie Ross, Director of Development Services, stated that the Mayor and
Common Council adopted an urgency ordinance in 2004 prohibiting the
establishment of certain specified businesses. At that time, the Council
determined that there was an over-proliferation of these businesses and that the
uses had contributed to crime and blight in various areas throughout the City.
She stated that illegal signage, poor property maintenance, and depreciation of
property values have been and continue to be major issues. Ms. Ross stated that
another ordinance was adopted in 2005 that amended the previous moratorium
and extended it until October 2006. In addition to the businesses currently
included in the moratorium, she stated that the Legislative Review Committee
(LRC) recommended adding self-service laundries, party supply stores and small
container recycling centers, which have also been problematic in the City.
Ms. Ross stated that the LRC recommended that this would not be applicable to
stand-alone businesses that are 25,000 square feet or larger, or in shopping
centers that are 200,000 square feet or larger with a major anchor tenant. She
stated that staff was recommending approval of both the urgency ordinance and
the regular ordinance.
Council Member/Commissioner Kelley asked what enforcement tools the City
had in place to make sure these businesses are legitimate and are not violating this
ordinance.
Ms. Ross stated that every business in the City is required to obtain a zoning
verification review through the Planning Division. She stated that after providing
the necessary information on the form, the applicant would be informed what uses
were not permitted and why, and would be provided with a copy of the
ordinance. The applicant would be asked to read and sign under penalty of
perjury that they understand what they have read and they understand that they
either can or cannot have their business. If someone is interested in opening a
smoke shop, unless it meets the criteria for being 25,000 square feet or larger or
in a major shopping center, it would be denied. If the person opens the business
18
10/02/2006
f!T--
anyway, that would be referred to Code Compliance. If the person calls the
business something else and then changes it after the fact, that also would be
referred to Code Compliance.
City Attorney Penman asked Ms. Ross to explain for the record the study and the
investigations that were presented to the LRC.
Mayor Morris stated that the LRC carefully reviewed the maps contained in the
backup as well as the listing of all the existing businesses in these categories that
are now proposed to be prohibited.
Ms. Ross stated that as a result of numerous phone calls from the public and
studies performed by the Police Department and Code Compliance, maps were
created that concluded that these certain specified businesses were contributing to
blight throughout the City. She stated that City personnel performed a street-by-
street survey to identify how many businesses there were and where they were
located. Ms. Ross added that Development Services has been keeping a tally of
all the completed zoning verification reviews, and the person who prepares the
listing would flag certain businesses that appear to be of concern. They would
then send out a planner or they would ask one of the City Attorney Investigators
or Code Compliance to do a spot check.
Robert Rego, 5856 Merito Avenue, San Bernardino, CA, stated that in reading
Section 2 of the Ordinance that defines check-cashing, cash advance and loan
facilities, he noted that check cashers that do not have deferred deposits are not
covered under California Financial Code Section 23000, but are actually defined
in California Civil Code Section 1789-31. He questioned whether a check casher
that is not covered under that section would still be able to proliferate in the City
or not.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that San
Bernardino is a working class community and he believes some of these small
businesses should be given a chance to compete.
Council Member/Commissioner McCarnmack stated that when this body
discussed this legislation they made a point of being sure that they weren't putting
anyone out of business. She stated that their intention was to allow the businesses
that are here, including those on the list, the ability to compete.
Hubie Burne, speaking on behalf of Reliable Properties, stated that they own 70
shopping centers in Southern California in five counties, and they agree on certain
points of the moratorium. He stated that they find that there are businesses that
do contribute to negative operational aspects in their centers. He stated that the
fact that the City is trying to restrict certain businesses from functioning was not a
good idea because they have a number of tenants that take great pride in their area
I
I
L
19
10/0212006
and shopping center and with their customers and clients. Mr. Burne stated that
they have tenants that would be included on the list of restricted businesses that
are national or corporate entities and run a very tight ship. He stated that he
believed the City was trying to protect the public by developing better businesses.
Mr. Burne stated that he felt some kind of program needed to be developed that
would allow the City to properly research or make decisions as to what businesses
should be involved in this and what businesses should not. He stated that there
are businesses that work in certain areas and businesses that don't; however, he
has never seen one business that wanted to bring forth a negative influence to an
area.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the hearing be closed; that said
urgency ordinance be adopted; and that said regular ordinance be laid over for
final adoption.
The motion carried and Ordinance No. MC-1233 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Derry.
Vacant: Third Ward.
34. Public hearing - resolution to adopt the General Plan Update and the
Arrowhead Springs Specific Plan
RES. 2006-360 - Resolution of the City of San Bernardino setting aside
portions of Resolution 2005-362 adopted on November 1, 2005, and adopting
the Findings of Fact and Statement of Overriding Considerations, as well as
adopting the Updated General Plan and the Arrowhead Springs Specific
Plan.
Mayor/Chairman Morris opened the public hearing.
Terri Rahhal, City Planner, stated that this item concerned the City's General
Plan and the Arrowhead Springs Specific Plan which were adopted by the Mayor
and Common Council in November 2005. She stated that the Council had been
briefed in closed session on the status of the Center for Biological Diversity v. the
City of San Bernardino, a case pending in Superior Court regarding the
Arrowhead Springs Specific Plan.
Ms. Rahhal stated that when the Arrowhead Springs Specific Plan was adopted,
the Findings of Fact contained a conclusion that the Arrowhead Springs Resort
would not be economically viable without the proposed golf course. She stated
that the findings also cited the necessity of the golf course to assist with flood
control protection on the project site. Subsequent to that adoption, Ms. Rahhal
noted that litigation was filed by the Center for Biological Diversity contesting the
20
10/02/2006
-.-.....~--r-..--.r!'f'._,.'~.."'..,'
propriety of the adoption insofar as it related to the Arrowhead Springs Specific
Plan. She indicated that the court determined that the record lacked sufficient
data to support these conclusions.
Ms. Rahhal stated that the item before the Council was a resolution that would re-
adopt the General Plan Update and the Arrowhead Springs Specific Plan based on
revised Findings of Fact as supported by the expert economic analysis and
conclusions of Mr. Alonzo Pedrin of Alfred Gobar Associates. The revised
Findings also clarified the conclusion regarding flood control of the golf course
with reference to supporting analysis in the Draft Environmental Impact Report.
Ms. Rahhal stated that she noted that the revised Findings identified the flood
control issue as a secondary issue, certainly secondary to the economic factors
regarding the golf course. She stated that no revisions to the General Plan or the
Arrowhead Springs Specific Plan were proposed at this time. She noted that staff
was asking the Council to act on the same plans that were presented and approved
in November 2005, based on revised Findings of Fact.
Ms. Rahhal stated that on September 25, 2006, the Planning Commission
considered the revised Findings of Fact as well as the letter report and additional
oral testimony from Mr. Pedrin, and they unanimously recommended adoption of
the resolution that was now before the Council. Upon consideration and the
possible revision of these Findings of Fact, she stated that staff was
recommending that the Mayor and Common Council close the public hearing and
adopt the resolution.
Alonzo Pedrin, Alfred Gobar Associates, stated that they were asked to assess
the relevance and the importance of a golf course as an integral part of the
Arrowhead Springs Resort and Conference Center. He provided a summary of
his firm's qualifications and explained the purpose of their assessment and key
findings. In conclusion, Mr. Pedrin stated that organized golf remains an integral
part of the overall meeting experience in today's meeting industry and should be
an integral component of the Arrowhead Springs Resort.
Council Member/Commissioner McCammack stated that a resort concept like
Arrowhead Springs must include an amenity like the golf course in order for it to
succeed financially. She stated that in thinking about their earlier comments and
conclusions about possible flood control benefits from the project, the judge was
probably correct that there wasn't any factual presentation in the record.
However, Ms. McCammack stated that they really didn't need any real or
imagined flood control benefits to make this project highly desirable.
Council Member/Commissioner Johnson stated that he also felt that the golf
course alone was enough to reject the wetlands avoidance alternative, which is the
alternative that omits the golf course from the project. He stated that he is well
21
10/02/2006
aware of flooding issues that arise in these canyons after heavy rains and the
additional factors that arise given the recent history of forest fires and increased
possibilities for mud slides. However, because such information was not before
them, he felt it was not appropriate for the Council to make findings related to
flood control. In his opinion, the great economic benefits of the project are more
than enough to reject the no golf course alternative and to support the many
benefits of the project. Mr. Johnson stated that he would vote to override an
adverse enviromnental impact of this project wholly without any flood control
comment. He stated that he believed they should leave out the flood control
statements in the Findings, and should re-approve the project. He added that he
thought the project was great and would far outweigh any possible adverse
enviromnental impacts.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted.
City Attorney Pemnan suggested that additional language be added to the form
motion.
Council Member/Commissioner McCammack amended her motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted, and that the last two bullet points on pages 25 and 26 of
the General Plan Update and associated Specific Plans, EIR, Findings of Fact and
Statement of Overriding Considerations be deemed removed from said document
and not considered in the decision to adopt said resolution.
The motion carried and Resolution No. 2006-360 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Derry.
Vacant: Third Ward.
35. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke about a Gulf War
vet who is dying at the V A Hospital.
S1. RES. 2006-358 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an amendment to the
Professional Services Agreement with Kurt Wilson.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
22
10/02/2006
Resolution No. 2006-358 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward.
36. Adjournment
At 6:44 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common CouncillCommunity Development Commission is scheduled
for 1:30 p.m., Monday, October 16,2006, in the Council Chambers of City Hall,
300 North "0" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
BY~~I...r.l->
Linda Sutherland
Deputy City Clerk
No. of Items: 37
No. of Hours: 5
23
10/02/2006
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esrher Esrrado
Dennis J. Baxter
Vacant
Neil Derry
Chos Kelley
Rikke Van Johnson
Wendy McCanrmtlck
~
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 6, 2006
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:36 p.m., Monday, November 6, 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 Estrada, Baxter, Derry,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson.
Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
Council Member/Commissioner Kelley Arrived
At 1:40 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission
meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
California Bio-Mass, a California Corporation, et al. v. City of San
Bernardino - San Bernardino Superior Court Case No. SCVSS 83473;
1
11/06/2006
Daniel Martinez v. City of Highland, et al. - San Bernardino Superior
Court Case No. SCVSS 130981;
Myisha Maxwell, Sykia Manuel by and through her guardian Ad Litem,
Myisha Maxwell v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 130136;
J.R., by and through her guardian Ad Litem, Danyelle Dickson, et al. v.
City of San Bernardino, et al. - United States District Court Case No. ED
CV 05-1045 (JWJ).
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:
Claim filed by City of Riverside/Gage Canal Company
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:
Title:
Executive Assistant to the Mayor
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 Organization:
Fire Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
2
11/06/2006
";1.
40'h Street Redevelopment Pro.iect Area
1. Property Address: 251 East 49th Street
APN: 0154-126-01
Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Stephen E. H. Maxey, property
owner/seHer
Under Ne~otiation: Purchase price, terms, and conditions
2. Property Address: 259 East 49th Street
APN: 0154-126-03
Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Robert and Shari Celaya,
property owners/seHers
Under Ne~otiation: Purchase price, terms and conditions
IVDA Redevelopment Project Area
3. Property Address: 163 North AHen Street
APN: 0135-301-34 and 35
Ne~otiatin~ Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Khuon V. Trang, property
owner/seHer
Under Ne~otiation: Purchase price, terms, and conditions
City Attorney Pemnan announced that the foHowing additional item would be
discussed in closed session:
Legal issues regarding Agenda Item No. 51.
Closed Session Announcement
City Clerk Clark announced that in closed session a motion was made by Council
Member/Commissioner McCammack, seconded by Council Member/Commissioner
Baxter to reject the claim filed by the City of Riverside and the Gage Canal Company.
The motion carried by the foHowing vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, KeHey, Johnson, McCammack. Nays: None. Absent: None.
Vacant: Third Ward.
3
11/06/2006
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 Conunon Council and Conununity
Development Conunission.
Moment of Silence
Mayor/Chairman Morris expressed condolences to the families and requested a moment
of silence in memory of Captain Mark Loutzenhiser, firefighter Daniel Hoover-Najera,
fire engine operator Jess McLean, assistant fire engine operator Jason McKay and
firefighter Pablo Cerda, who lost their lives while fighting the Esperanza Fire, which
burned more than 40,000 acres and destroyed 34 homes along the base of the San Jacinto
Mountains; and longtime police officer Tom Germany, who passed away on October 10
in Apple Valley after having worked for our Police Department for nearly 30 years.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Steve Martinez, Associate Pastor of the First
Church of the Nazarene, followed by the pledge of allegiance, led by Briana Salazar, a
student at Bradley Elementary School.
2. Appointments
· Eri F. Yasuhara - Human Relations Conunission - Council Member
Estrada
· Debra Morton - Bureau of Franchises - Council Member Kelley
· Rafael Rawls - Conununity Development Citizen Advisory Conunittee -
Council Member Johnson
Council Member/Conunissioner Kelley made a motion, seconded by Council
Member/Conunissioner Johnson, that the appointments of Eri F. Yasuhara to the
Human Relations Conunission, Debra Morton to the Bureau of Franchises, and
Rafael Rawls to the Conununity Development Citizen Advisory Conunittee, as
requested by Council Members Estrada, Kelley, and Johnson, be approved.
The motion carried by the following vote: Ayes:
Conunissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCanunack. Nays:
3. Presentations & Proclamations
Council Member Dennis Baxter presented the Citizen of the Month A ward to
Sonia Fisher-Martin.
4
11/06/2006
,.;,^.".,,,,L'N~:r;'7:i;
Mayor Morris and Lemuel Randolph, Director of Parks, Recreation, and
Community Services, presented a Resolution of Commendation to Hillwood
Development and STB Landscape Architects for providing the landscaping at the
Norton Recreation Center.
Mayor Morris presented a proclamation designating the week of November 6-12,
2006, as Animal Shelter Week to Ken Childress, Director of Animal Control.
Darren Kettle, Director of Freeway Construction at SANBAG, presented an
update on the progress of the 1-215 project.
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.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, 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:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCanunack. Nays:
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the minutes of the following meeting(s) of
the Mayor and Common Council, Community Development Commission, and
San Bernardino City Housing Authority of the City of San Bernardino be
approved as submitted in typewritten form: August 7 & 8, 2006; September 5,
2006; September 18, 2006; and October 16, 2006.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
5
11/06/2006
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated October 13, 2006, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated November 2, 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, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
9. Ratification of the action of the Mayor, City Attorney and City Clerk to
amend Resolution No. 2006-373 adopted on October 16, 2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council ratify
action of the Mayor, City Attorney, . and City Clerk to amend Resolution No.
2006-373 adopted on October 16, 2006.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
10. RES. 2006-374 - Resolution of the City of San Bernardino amending
Resolution 2004-338 entitled in part, "Resolution ... amending Conflict of
Interest Code ...," by amending Appendix A to add, delete and change the
titles of various positions within departments of the City which must file
Conflict of Interest Statements (Statements of Economic Interests, Form
700).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
6
11/0612006
I-~- --
~,..",
Resolution No. 2006-374 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
II. Authorize an increase to the Purchase Order with Caltrop Corporation for
On-Call Public Works Inspection Services
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2006/07 adopted Development Services budget and transfer an
additional amount of $64,000 from Account No. 001-184-5011 (Salary and
Benefit savings from the two additional vacant Construction Inspector positions)
to Account No. 001-183-5502 (Professional Contractual costs) for the purpose of
funding development related Public Works Consultant Inspection services; and
that the Director of Finance be authorized to increase the Purchase Order to
Caltrop Corporation for On-Call Inspection Services by the amount of $128,000,
consisting of $64,000 from various Capital Improvement Program projects and
$64,000 from Professional Contractual costs.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
12. Authorize execution of Contract Change Order No. One to the Contract with
Silvia Construction, Inc. for pavement rehabilitation at Pennsylvania Avenue
from Base Line Street to 16th Street (SS06-39) and 2nd Street, from 1-215
Freeway to "E" Street (SS06-40), per Plan No. 11602
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services be
authorized to execute Change Order No. One in the amount of $22,065.35 to
contract with Silvia Construction, Inc. for pavement rehabilitation at Pennsylvania
Avenue from Base Line Street to 16th Street (SS06-39) and 2nd Street, from 1-215
Freeway to "E" Street (SS06-40), per Plan No. 11602.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada. Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
13. Authorize execution of Contract Change Order No. Four to the Contract
with Matich Corporation for construction of Campus Parkway (SS04-01) and
installation of a traffic signal at Kendall Drive and Campus Parkway (TC04-
07), per Plan Nos. 10952 and 10232
7
11/06/2006
City Attorney Penman indicated that he would be abstaining on this item in order
to avoid the appearance of a conflict as Matich Corporation is a donor to his City
Attorney re-election campaign.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the Director of Development
Services or designee be authorized to execute Change Order No. Four in the
amount of $107,275.39 to contract with Matich Corporation for construction of
Campus Parkway (SS04-01) and installation of a traffic signal at Kendall Drive
and Campus Parkway (TC04-07), per Plan Nos. 10952 and 10232.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
14. Authorize execution of Contract Change Order No. One to the Contract with
DBX, Inc. for southwest and southeast corner improvement and traffic signal
modifications at Baseline Street and Mt. Vernon Avenue; traffic signal
improvements at Valencia Avenue at 30'h Street and Mountain Avenue at
Northpark Boulevard; and traffic signal modifications at University Parkway
at the 1-215 Ramps (TC05-06, TC04-39, 8805-09, TC05-04, and TC04-34),
per Plan Nos. 11328B, 11436 & 11561
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2006/07 budget by transferring $15,000 from Account No. 250-
370-5504-7491) "Install Traffic Signal at Mountain Avenue at Northpark
Boulevard (TC05-06)" to Account No. 250-370-5504-7490 "Southwest and
Southeast Corner Improvement and Traffic Signal Modifications at Baseline
Street and Mt. Vernon Avenue (TC05-04)"; and that the Director of Development
Services be authorized to execute Change Order No. One in the amount of
$19,182.18 to contract with DBX, Inc. for southwest and southeast corner
improvement and traffic signal modifications at Baseline Street and Mt. Vernon
Avenue; traffic signal improvements at Valencia Avenue at 30th Street and
Mountain Avenue at Northpark Boulevard; and traffic signal modifications at
University Parkway at the 1-215 ramps (TC05-06, TC04-39, SS05-09, TC05-04,
TC04-34), per Plan Nos. 11328B, 11436 & 11561.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
8
11/06/2006
15. RES. 2006-389 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a Contract to Diversified Landscape
Management, Inc. for landscape improvements for University Parkway at
Interstate 215 - Phase I (SS07-I7), per Plan No. 11630.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-389 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
16. RES. 2006-375 - Resolution of the City of San Bernardino authorizing the
Mayor to execute Agreements for Services with Joseph E. Bonadiman &
Associates, Inc., David Evans & Associates, Inc., and Associated Engineers,
Inc. for on-call surveying support.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-375 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
17. RES. 2006-376 - Resolution of the City of San Bernardino approving
Amendment No. 1 to Agreement for Professional Services with LAN
Engineering Corporation to provide engineering services for the design of old
Waterman Canyon Bridge Replacement (SS07-14).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-376 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
18. RES. 2006-377 - Resolution of the City. of San Bernardino declaring its
intention to order the vacation of a portion of "I" Street, northerly of 13th
Street & a portion of 13th Street, westerly of "I" Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
9
11/06/2006
Resolution No. 2006-377 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
19. RES. 2006-378 - Resolution of the City of San Bernardino ordering the
summary vacation of a portion of Citrus Street west of Mountain Avenue and
north of State Highway 210 (Route 30 Freeway).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that Plan No. 11837 showing the proposed
vacation of a portion of Citrus Street west of Mountain A venue and north of State
Highway 210 (Route 30 Freeway), be approved; and that said resolution be
adopted.
The motion carried and Resolution No. 2006-378 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
20. RES. 2006-379 - Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission for providing City
sewer services to property within unincorporated territory located at 4230 N.
Fourth Avenue.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services be
authorized to initiate proceedings for the provision of City sewer services outside
of City boundaries for property located at 4230 N. Fourth Avenue; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-379 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
21. Authorization to proceed and approval of Plan No. 11892 - proposed
vacation of an east-west alley, north of Walnut Street and east of Artesian
Street
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Development Services and
the City Clerk be authorized to proceed with the proposed vacation of an east-
west alley, north of Walnut Street and east of Artesian Street; and that Plan No.
11892 showing the proposed vacation of an east-west alley, north of Walnut
Street and east of Artesian Street, be approved.
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11/06/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
22. RES, 2006-390 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an Agreement for Services with IBI Group for
the provision of Professional Consulting Services for preparation of the 1-210
Corridor Enhancement Plan.
Council Member/Commissioner McCammack voiced her concerns regarding
noise attenuation and sound walls, and she stressed the need to include the
appropriate neighborhood associations in th2 design process.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-390 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
23. RES. 2006-391 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement for Services
with and issuance of a purchase order to JM Builders, Inc. for the Perris Hill
Senior Center expansion in the City of San Bernardino per RFQ F-07-17,
Council Member/Commissioner Baxter 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 adopted budget and
transfer $50,000 from project #PR07-08, Perris Hill Agape House Demolition
Account No. 243-363-5504-7724 to Account No. 243-363-5504-7494 and delay
project #PR07-08 in the CIP.
The motion carried and Resolution No. 2006-391 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
24. RES. 2006-380 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Contract and issuance of an
annual Purchase Order with two one-year options to Securitas Security
Services USA, Inc. for security guard services at the San Bernardino
Metrolink Station.
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11/06/2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council ratify the
cancellation of the agreement with A Security Max, Inc., for security guard
services at the Metrolink Station; and that said resolution be adopted.
The motion carried and Resolution No. 2006-380 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
25. RES. 2006-392 - Resolution of the City of San Bernardino authorizing the
execution of a contract with and issuance of a purchase order to Energy
Controls and Concepts for Carousel Mall Parking Structure Lighting Retrofit
project in the City of San Bernardino.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Derry indicated that he would be abstaining on
this item due to the fact that he is employed by Southern California Edison. He
left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-392 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Abstentions: Council Member/Commissioner Derry.
Vacant: Third Ward.
26. RES. 2006-381 - Resolution of the Mayor and Common Couucil of the City
of San Bernardino authorizing the San Bernardino City Fire Department to
enter into a Fire Technology Contract Education Agreement with the San
Bernardino Community College District.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 budget and increase
General Fund revenue Account No. 001-000-4708 (Fire Training Agreement) by
$8,000 from $36,000 to a new total of $44,000; and to incorporate the
expenditures in the amount of $4,500 associated with this agreement into the FY
2006/07 Fire Department budget, in accordance with the staff report dated
October 16, 2006, from Michael J. Conrad, Acting Fire Chief.
The motion carried and Resolution No. 2006-381 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
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11/06/2006
27. RES. 2006-382 - Resolution of the City of San Bernardino approving a Side
Letter to Resolution No. 2005-242, establishing a Compensation and Benefits
Plan for the Management, Confidential & Unclassified Employees, amending
and adding benefits for the Police Safety Management Employees.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-382 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCamrnack.
Nays: None. Absent: None. Vacant: Third Ward.
28. RES. 2006-393 - Resolution of the City of San Bernardino authorizing the
execution of an Agreement with Reward Strategy Group to conduct a
classification and compensation study.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2006-393 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
29. RES. 2006-383 - Resolution of the Mayor and Common Council of the City
of San Bernardino to amend Sucaba Resolution 2006-309 approved on
September 5, 2006.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-383 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
30. RES. 2006-394 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of a grant application to the
National Endowment for the Arts (NEA), and authorizing the City Manager
or his designee to execute grant documents.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-394 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
13
11/06/2006
31. RES. 2006-384 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of Amendment No. 4 to Contract
02-1166 with the County of San Bernardino Department of Public Health to
provide youth mentoring services for the period of July 1, 2006 through June
30,2007.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-384 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
32. RES. 2006-385 - Resolution of the Mayor and Common Council authorizing
the execution of an agreement between the City of San Bernardino and the
County of San Bernardino Probation Department for shared use of the
recreation facilities at the former Norton Air Force Base for the period of
July 1, 2006 through June 30, 2007 and ratifying all action taken between
July 1, 2006 and the approval of the resolution.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-385 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
33. Set a public hearing for November 20, 2006, at 4:00 p.m., relative to the
proposed expenditures of monies allocated from the FY 2006/07 Citizen's
Option for Public Safety (COPS)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council set a public
hearing for 4:00 p.m., Monday, November 20, 2006, relative to the proposed
expenditure plan for the allocated Citizen's Option for Public Safety (COPS)
funding for FY 2006/07.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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11106/2006
34. RES. 2006-386 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an amendment to the agreement and purchase
order to Bryan A. Stirrat & Associates (BAS) for permits, design, and
equipment acquisition to complete installation of gas treatment system for
Waterman Landfill.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-386 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
35. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the execution of an agreement and purchase order between the
City of San Bernardino and NPG Corporation for miscellaneous street
repairs as detailed in Bid Specification No. RFQ F-07-14.
Note: No resolution was distributed with the backup materials.
City Attorney Penman requested that this item be continued for two weeks.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the matter be continued to the Council/
Commission meeting of November 20,2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCamrnack. Nays:
None. Absent: None. Vacant: Third Ward.
36. RES. 2006-387 - Resolution of the Mayor and Common Council exempting
the acquisition of services from the requirement of obtaining requests for
proposals as required by the San Bernardino Municipal Code, and approving
a Vendor Services Agreement and purchase order to Inland Regional
Recovery Facility.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-387 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
15
11/06/2006
37. RES. 2006-388 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of a vendor service agreement and
issuance of a purchase order to NPG, Inc. for emergency repair on Electric
Avenue pursuant to Section 3.04.075 of the Municipal Code.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-388 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
38. Request for waiver of fees - YMCA Children's Christmas Parade -
December 2, 2006
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the request for a waiver of fees in the
amount of $4,662 for department, personnel and equipment costs associated with
the 29th Annual YMCA Children's Christmas Parade scheduled for December 2,
2006, be approved; and that $4,662 be transferred from the civic and promotion
fund into the various City departmental accounts to recover their costs incurred in
assisting with the parade.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
39. RES. 2006-395 - 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 Burbank Recycling Inc. for commingled
recycling services.
Council Member/Commissioner Derry stated that the City now has an incentive
to encourage people to put less trash and more recyclables in their blue cans,
which would improve the City's recycle rates. He stated that members of the
Ways and Means Committee had indicated that they wanted to see the City
improve its educational programs to teach people what is and what is not
recyclable.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-395 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
16
11/06/2006
40. Authorize the addition of two full-time Parking Enforcement Officers in the
Facilities Management Department
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
add two (2) Parking Enforcement Officers, Range 1342, $2,444-$2,971 per
month; that the Human Resources Department be authorized to amend Resolution
No. 97-244 and Resolution No. 6413; and that the Director of Finance be
authorized to amend the FY 2006/07 budget by increasing parking citation
revenue Account No. 001-000-4420 by $54,000 and increasing Facilities Parking
Control expenditure budget also by $54,000 for no net cost to the City's General
Fund budget.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
41. Modify the job description and add a new position of Executive Assistant to
the Mayor and delete the Executive Secretary position in the Mayor's Office
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
modify the job description and add a new position of Executive Assistant to the
Mayor, Range 4461, $4,461-$5,378/month; that the Mayor and Common Council
delete the Executive Secretary position in the Mayor's Office, Range 4443,
$4,044-$4,916/month; and that the Human Resources Department be authorized
to update Resolution Nos. 2005-428 and 97-244.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
42. Public hearing - resolution ordering work - formation of a Landscape
Maintenance Assessment District in the Magnolia A venue and Ohio Avenue
area (AD 1041 - Tract No. 15528)
RES. 2006-396 - 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 the area of Magnolia A venue and
Ohio Avenue, approving the Final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1041, ordering the work, confirming the 2007-2008 Assessment Roll, and
determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 shall not apply.
17
1lI06/2006
Mayor/Chairman Morris opened the hearing.
City Clerk Clark stated that 16 ballots had been received and they were all in
favor of the proposed assessment district.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-396 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
43. Public hearing - resolution ordering work - formation of a Landscape
Maintenance Assessment District in the Eucalyptus A venue and Randall
Avenue area (AD 1048 - Tract No. 17273)
RES. 2006-397 - 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 the area of Eucalyptus A venue and
Randall Avenue, approving the Final Engineer's Report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1048, ordering the work, confirming the 2007-2008
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-397 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
44. Approve request for continuance of Tentative Tract No. 14112 located
northeasterly of the intersection of Foothill Drive and Sterling Avenue
(Continued from May 15,2006)
18
11/06/2006
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the Mayor and Common Council
approve the request for continuance of the Final Map for Tentative Tract No.
14112 to the Council/Commission meeting of May 21, 2007.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
45. RES. 2006-398 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a Contract to Nikola Construction Corporation
for sewer improvements on Athol Street from "D" Street to Arrowhead
Avenue (SW06-04) and Goodlett Street from Pico Street to Herrington
Avenue (SW06-08), and street improvements on Goodlett Street from
Western Avenue to Mt. Vernon Avenue (SW06-08), per Plan No. 11646.
(Continued from October 16, 2006)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
amend the FY 2006/07 budget by transferring $86,600 from unallocated sewer
maintenance funds (Fund 132) to Account No. 132-431-5505-7569 "Athol Street
Sewer Replacement (SW06-04); that the Director of Finance be authorized to
amend the FY 2006/07 budget by transferring $223,400 from unallocated sewer
maintenance funds (Fund 132) to Account No. 132-431-5505-7570 "Goodlett
Street Sewer Replacement (SW06-08); and that the Director of Finance be
authorized to amend the FY 2006/07 budget by transferring the balance of
Account No. 245-365-5504-7569 "Athol Street Sewer Replacement (SW06-04)"
and Account Nos. 245-365-5504-7569 & 7570 "Goodlett Street Sewer
Replacement (SW06-08)" to unallocated sewer construction funds; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-398 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
46. Authorize execution of Contract Change Order No. Two to the Contract with
David T. Wasden, Inc., for sewer and street improvements on 34th Street -
Leroy Street to Waterman Avenue (SW04-23); 48" Street - "F" Street to
Electric Avenue (SW04-24); and street improvements on Richardson Street -
San Bernardino Avenue to Victoria Avenue (SW04-34); Cooley Avenue -
Tippecanoe Avenue to Gage Canal (SW04-35); and "E" Street - 2nd Street to
4th Street (SW04-06), per project Plan No. 11147 (Continued from October 16,
2006)
19
11/06/2006
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the Director of Development Services be
authorized to execute Contract Change Order No. Two to the contract with David
T. Wasden, Inc., for sewer and street improvements on 34th Street - Leroy Street
to Waterman Avenue (SW04-23); 48th Street - "F" Street to Electric Avenue
(SW04-24); and street improvements on Richardson Street - San Bernardino
Avenue to Victoria Avenue (SW04-34); Cooley Avenue - Tippecanoe Avenue to
Gage Canal (SW04-35); and "E" Street - 2nd Street to 4th Street (SW04-06), per
project Plan No. 11147.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays:
None. Absent: None. Vacant: Third Ward.
Staff Present
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry,
Kelley, Johnson, McCarnmack; Sr. Deputy City Attorney Empefio, City Clerk Clark,
Economic Development Agency Executive Director Pacheco and Special Counsel Sabo.
Absent: None. Vacant: Third Ward.
R47. Designation of Agency Check Signers and Assistant Secretary of the
Commission
RES. CDC/2006-46 - Resolution of the Community Development Commission
of the City of San Bernardino, California, designating check signers and
countersigners for the Redevelopment Agency of the City of San Bernardino
and/or the City of San Bernardino Economic Development Agency checks
and wire transfers, and repealing Resolution No. CDC/2006-7. (R47A)
RES. CDC/2006-47 - Resolution of the Community Development Commission
of the City of San Bernardino, California, authorizing the appointment of
Margarita Pacheco as Secretary of the Commission and authorizing the
appointment of Don Gee as Assistant Secretary of the Commission, and
repealing Resolution No. CDC/200S-3S. (R47B)
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Derry, that said resolutions A&B, be adopted.
Resolution Nos. CDC/2006-46 and CDC/2006-47 were adopted by the following
vote: Ayes: Council Members/Commissioners Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
Vacant: Third Ward.
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11/06/2006
R48. RES. CDC/2006-48 - Resolution of the Community Development Commission
of the City of San Bernardino, on behalf of the Economic Development
Agency of the City of San Bernardino, amending Resolution No. 4420 (as
amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389, 5424, 5507, 5560,
CDC/2000-44, CDC/2001-51, and CDC/2004-41) entitled, in part,
"Resolution ... adopting a Conflict of Interest Code ...," by amending
Appendix A to add, delete and change the titles of various positions within
the Economic Development Agency of the City of San Bernardino which must
file Conflict of Interest Statements.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDCI2006-48 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
R49. 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 Redevelopment Project Study and Exclusive Right to Negotiate
Agreement ("Agreement") with Home Depot, Inc. ("Developer") - IVDA
Redevelopment Project Area. (Continued from October 16, 2006)
Staff requested that this item be continued to November 20, 2006.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the matter be continued to the Council/
Commission meeting of November 20, 2006.
The motion carried by the following vote: Ayes:
Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
None. Absent: None. Vacant: Third Ward.
Council Members/
McCammack. Nays:
R50. Joint public hearing - Disposition and Development Agreement (DDA) for
development of a shopping center - La Placita on 2nd Street - Uptown
Redevelopment Project Area. (Continued from October 16,2006)
Resolution of the Mayor and Common Council of the City of San Bernardino
consenting to the sale of certain Property as identified in the 2006 Disposition
and Development Agreement ("DDA") by and between the Redevelopment
Agency of the City of San Bernardino (" Agency") and La Placita at 2nd
Street, a California Limited Liability Corporation ("Developer") and
accepting the Community Development Commission's certain environmental
findings related to the development of the proposed project. (RSOA)
21
1110612006
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 2006 Disposition and Development Agreement ("DDA") by and between
the Agency and La Placita at 2nd Street, a California Limited Liability
Corporation ("Developer") and making certain environmental findings
thereto related to the development of the project. (RSOB)
Note: No backup materials were distributed.
The hearing remained open.
Council Member/Commissioner McCammack stated that she would be abstaining
on this item because she owns property in the Uptown Redevelopment Project
Area. She left the Council Chambers and returned after the vote was taken.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that the matter be continued to the Council/
Commission meeting of November 20, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Absent:
None. Abstentions: Council Member/Commissioner McCammack. Vacant:
Third Ward.
51. Public hearing - appeal of Planning Commission revocation of a permit to
operate a small container recycling facility at 1620 W. Baseline Street in the
CG-l, Commercial General land use district. (Development Permit Type 1
No. 06-054 - Appeal No. 06-13) (Continued from October 16,2006)
The hearing remained open.
Terry Rahhal, City Planner, stated that the subject of this appeal is a small
container recycling facility located at 1620 W. Baseline Street and the operator/
appellant is Eugene Vortman of E&M Recycling in Los Angeles.
Ms. Rahhal advised that the recycling facility was approved under Development
Permit Type 1 No. 06-054 on May 12, 2006. Improvements were made to the
project site right away and operations began immediately upon completing the
parking lot improvements. However, some of the other conditions of approval
were not initially completed including installation of a modular kiosk to
camouflage the recycling containers.
22
11/06/2006
Ms. Rahhal noted that during the summer, staff began to receive complaints from
neighboring property owners about loitering, poor property maintenance and a
proliferation of abandoned shopping carts, both on the project site and in the
surrounding area. An initial review by staff revealed that several conditions of
approval had been ignored including failure to install the kiosk, failure to
maintain the site in a clean condition, and the use of an illegal portable sign. She
stated that a revocation hearing was scheduled and held before the Planning
Commission on August 22, 2006, and after reviewing the staff report and photos
of the site, the Planning Commission revoked Development Permit Type 1 No.
06-054. However, since the Planning Commission action in August, Ms. Rahhal
stated that the appellant has brought the site and the operation into compliance
with the conditions of approval of the development permit. The modular kiosk
has been installed, the illegal signage has been removed, the site has been kept in
good order, and shopping carts have not been accumulating around the site.
Given this change in circumstances, Ms. Rahhal supplied an alternative motion to
grant the appeal; however, she recommended that staff be directed to monitor
continuing compliance at this project site and to bring the development permit
back to the Planning Commission for a performance review after six months or
sooner if compliance issues reappear at the site.
Council Member/Commissioner Baxter asked how often this would be monitored.
Ms. Rahhal stated that the plan they have had in place since the site was brought
to their attention was to drive by the site at least twice per week.
Council Member/Commissioner Estrada stated that she wanted something in
writing that would stipulate when the monitoring would take place.
Council Member/Commissioner Kelley stated that in the picture it looked as
though the facility was going to have two automated windows, and if there was
not going to be an attendant, he suggested that perhaps the Council might want to
consider regulating the hours of operation City-wide on all these automated
recycling centers.
Ms. Rahhal stated that they were actually faux windows that would not open.
Council Member/Commissioner Kelley asked if these faux windows could be
punched out and used as automated windows at a later date.
Ms. Rahhal stated that the development permit did not include reverse vending
and it had not been requested at this time.
Council Member/Commissioner Johnson stated that there had not been an
accumulation of shopping carts until this recycling center moved into the
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11106/2006
neighborhood. He questioned whether the shopping center was going to take
responsibility for their carts or would they claim that they have no control.
Pursuant to Resolution No. 2005-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
Lona Laymon of Rutan & Tucker, LLP, 611 Anton Blvd., Suite 1400, Costa
Mesa, CA, attorney representing the appellant, stated that there were never any
plans to automate the site. She stated that those windows are faux windows and
would be used to post the hours of operation and contact information. In regards
to the kiosk, she stated that she recently received an invoice from the company
that manufactured their kiosk and that invoice was dated May 20 and the kiosk
was ordered within one week of permit approval. In answer to Councilman
Johnson's concern, Ms. Laymon stated that the applicant was making an effort to
remove shopping carts as often as possible to improve the overall appearance of
the area. She stated that she had pictures that were taken prior to permit approval
that shows shopping carts on the site before they started operations.
Eugene Vortman, 526 S. Alameda Street, Los Angeles, CA, stated that their
plan is to have local shopping cart services remove the shopping carts every day.
Council Member/Commissioner McCammack stated that the applicant needed to
understand that when Council Members have concerns about business locations it
is usually constituent driven and/or complaint driven. She stated that the invoice
referred to by Ms. Laymon indicates that the windows are actually Plexiglas with
locks-they are not faux windows-which indicates to her that there is a potential
for future vending. She felt that staff probably should be aware of that fact. Ms.
McCammack stated that if they are unable to comply with the conditions of the
Conditional Use Permit, the Council could suspend their ability to do business at
this location.
Council Member/Commissioner Johnson stated that he had received numerous
complaints regarding the odor at the previous facility, which was next to the
senior center, and he asked what controls are in place to prevent odor at this
facility.
Mr. Vortman stated that the problem they had across the street at the Westside
Plaza Shopping Center was the fact that they did not have access to a water outlet
and the employees couldn't maintain the facility on a daily basis. They had a
service that came twice per month. At the new facility, they have access to a
water outlet and they will be able to maintain the premises on a daily basis.
Council Member/Commissioner Estrada requested that staff put into written terms
how often they plan to monitor the site and that it include a time frame with the
understanding that if the applicant does not comply the permit will be suspended
and the matter will be brought back before the Council for further action.
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11106/2006
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that the odor
comes from the lack of water and drainage at these facilities.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the hearing be closed; and that the
Mayor and Common Council Grant Appeal No. 06-13, thereby overturning the
Planning Commission's revocation of Development Permit Type 1 No. 06-054;
and direct staff to monitor compliance with conditions of approval placed on DPl
No. 06-054, to include Development Services staff monitoring the site no less
than once a week and notifying the applicant in writing that failure to comply will
result in suspension of the permit and that staff report back to the Mayor and
Council in six months.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, McCammack. Nays: Council Members/
Commissioners Kelley, Johnson. Absent: None. Vacant: Third Ward.
52. RES. 2006-399 - Resolution of the Mayor and Common Council of the City
of San Bernardino designating a crime free zone.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2006-399 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
53. Public Comments
Luke Reed, Bonnie Oehl Elementary School, 2525 Palm Avenue, Highland, CA,
spoke on behalf of several parents/teachers/residents who are concerned about the
safety of the children traveling to and from school. He cited issues such as
speeding, reckless driving, and illegal double parking; no stop lights/signs; poorly
painted crosswalks; no landscaping; sidewalks that are broken and covered with
rocks and debris; no warning lights; and graffiti.
Council Member/Commissioner Derry stated that the City would be looking into
this as part of its School of the Month Program.
Victoria Bennett, 2660 29th Street, Highland, CA, stated that four weeks ago she
was struck by a concrete brick that came through the windshield of her car from
the Central A venue Overpass of the 30 Freeway. She requested that this overpass
have additional chain link placed at an angle on top of the existing chain link, that
the overpass be lighted, and that the Highland Avenue exit be renamed Arden in
order to reduce confusion for emergency services.
25
11106/2006
Mayor/Chairman Morris stated that he would personally take this concern to
Caltrans through SANBAG (San Bernardino Associated Governments).
Betty Jean Long, 852 N. Lugo Avenue, San Bernardino, CA, thanked the Police
Department for having the homeless shelter program.
Frances Davis, 1102 E. 25th Street, San Bernardino, CA, voiced her concerns
regarding recreational vehicles that block streets and driveways and the fact that
this is not being addressed by the City.
Jerry Moya, 2565 W. Poplar Street, San Bernardino, CA, spoke on behalf of his
community and submitted a petition consisting of approximately 160 signatures
regarding an ongoing flooding problem at the corner of Meridian and Poplar
Streets.
City Manager Wilson assured Mr. Moya that he would send the appropriate City
staff out to the location to meet with the residents in order to come up with a
solution to address their flooding problem.
Robert Rego, 5856 Merito Avenue, San Bernardino, CA, stated that Flag Day
was coming up and he asked if the flag would be displayed on November 10,
November 11, or all weekend. Secondly, he stated that he wanted people to
understand that Measure Z is not a police tax-it is a general tax-and the words
police and safety do not exist in Measure Z. He noted that Measure Z is a
general sales tax that can be utilized any way this Council wishes, and it will be a
burden of $5.6 million per year for 15 years. Mr. Rego stated that we don't
know what other Mayors and Council Members will do with that money. He
stated that this is bad governance and we need to work together to come up with a
better plan to fund our police.
Deanna Adams, 1156 N. uP" Street, San Bernardino, CA, urged people to go
out and vote. She voiced her support for Proposition 90 and her opposition to
Measures YY and Z.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
killing of author Gary Webb and several issues regarding electronic voting.
Mark Solorzano, 2605 W. Poplar Street, San Bernardino, CA, spoke regarding
the flooding problems at Meridian and Poplar Streets.
26
11/06/2006
54. Adjournment
At 6:28 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, November 20, 2006, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
BY~Afl ~~ /
Linda Sutherland
Deputy City Clerk
No. of Items: 54
No. of Hours: 5
27
11/06/2006
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Vacant
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammnck
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 20, 2006
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Morris at 1:30 p.m., Monday, November 20, 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 Estrada, Baxter, Derry,
Johnson, McCarnmack; City Attorney Pemnan, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley. Vacant: Third Ward.
Council Member/Commissioner Kelley Arrived
At 1:50 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Govermnent Code Section 54956.9(a):
Annette Mendenhall v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 113604;
Timothy Weisenberger, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 134901;
11/20/2006
Zimmon v. City of San Bernardino - Workers' Compensation Appeals
Board Case Nos. SBR 0329202 and SBR 0329212.
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.
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:
IVDA Redevelopment Project Area
1. Property Address: 2158 McKinley Avenue
APN: 1191-021-31
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Pedro M. Uriostegue, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 2105 McKinley Avenue
APN: 1191-021-56
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Fidelity National Title, property
owner/seller
2
11/20/2006
Under Negotiation: Purchase price, terms, and conditions
3. Property Address: 2195 McKinley Avenue
APN: 1191-021-61
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
4. Property Address: 2050 Arden Avenue
APN: 1191-021-38
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Larry Senior and Andrea
Estrada, property owner/seller
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that two additional cases would be discussed
in closed session:
People of the State of California v. Jose Lopez and Marco Cardenas, et
al. and the cross complaint - San Bernardino Superior Court Case No.
SCVSS 134051;
San Bernardino City Professional Firefighters Union, et al. v. Larry
Pitzer - United States District Court Case No. EDCV 05-473 V AP
(OPx).
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 and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Deacon John Barna of Our Lady of Assumption Church,
followed by the pledge of allegiance, led by Eduardo Morales of Ramona Alessandro
School.
3
11120/2006
Moment of Silence
Mayor Morris expressed condolences to the families, friends, and colleagues of the
following individuals and requested a moment of silence in their memory: Angelo
Mazza, who owned Angelo's Shoe Shop on North Sierra Way for 58 years; Jess C.
Hernandez, a lifelong resident of San Bernardino and humanitarian dedicated to serving
his community; Glenn Taylor, a retired English teacher who worked for our school
district for 34 years; former First Ward Councilman Eddie Negrete, who served as a
councilman from 1993 to 1998; Lewis Corns, who worked for the City's Police
Department as a detective and forensic specialist for 30 years; Dr. Elsie Rosso L1opart,
who practiced obstetrics at S1. Bernardine Medical Center and Community Hospital for
32 years; and Dr. Bruce Shepard, who practiced anesthesiology at S1. Bernardine's
Hospital and also taught respiratory physiology at San Bernardino Valley College and
Victor Valley College.
2. Appointment - John R. Lowe - Santa Ana River Trail Commission _
Council Member Derry
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of John R. Lowe to the
Santa Ana River Trail Commission, as requested by Council Member Derry, be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
3. Proclamations & Presentations
Mayor Morris presented the Third Quarter 2006 Customer Service A ward to
Barbara Sladek, an Account Clerk II in the Parks, Recreation and Community
Services Department, who received six nominations from her fellow Parks
employees for being a team player and for her willingness to step up and assist
the department during a period of staffing challenges.
City Clerk Rachel Clark presented the City's 40-year-old voting machine to
Steve Shaw, President of the San Bernardino Historical Society.
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name
Josie Soria
Margaret Schwarz
Department
City Attorney
Library
Years of Service
15
25
4
11120/2006
I
Robert Albright Police 15
Janice Bean Police 15
Steve Casarez Police 10
Timothy Matlock Police 15
Clayton Smith Police 15
Michael Diaz Public Services 10
James McCracken Public Services 5
Ricky Parker Public Services 10
Allen Waite Public Services 10
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, 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, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
6. Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated November 9,
2006, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
7. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the personnel actions, as submitted
by the Chief Examiner, dated November 15, 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.
5
11/20/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
8. Mayor and Common Council/Community Development Commission regular
meeting dates for 2007
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
and the Community Development Commission approve the following dates for
regular meetings of the Mayor and Common Council/Community Development
Commission for the year 2007: January 8 (second Monday); January 22 (fourth
Monday); February 5 and 20; March 5 and 19; April 2 and 16; May 7 and 21;
June 4 and 18; July 2 and 16; August 6 and 20; September 4 and 17; October I
and 15; November 5 and 19; December 3 and 17.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
9. Set joint workshop of the Mayor and Common Council and Planning
Commission - Redlands Passenger Rail Station Area Plans
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
set a joint workshop with the Planning Commission for Monday, December 4,
2006 at 5:30 p.m. in the EDA Board Room related to the Redlands Passenger
Rail Station Area Plans.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
10.
RES. 2006-400 - Resolution of the City of San Bernardino amending
Resolution 2005-341 to increase the purchase order amount for a Services
Agreement with Albert Johnson for the provision of contract building
inspection services.
,
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 FY 2006/07 adopted budget
by transferring $106,000 from Account No. 001-191-50xx (Salaries and
Benefits) to Account No. 001-191-5502 (Professional/ Contractual Services).
6
11120/2006
The motion carried and Resolution No. 2006-400 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCarnmack. Nays: None. Absent: None. Vacant: Third Ward.
II. Establish salaries for Fire Department Ranges P-5, P-6 & P-7, effective
August 1, 2006
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the salaries for Fire Department
Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), and P-7 (Fire Chief) be
established, effective August 1, 2006; that the Human Resources Department be
directed to amend Resolution No. 6429 to reflect the above action; and that the
Director of Finance be authorized to amend the FY 2006/07 budget by
increasing the Fire Department General Fund budget by $57,600 for Charter
186 costs by appropriating $57,600 from the General Fund budget reserves and
make appropriate adjustments to the various Fire grants.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays:
None. Absent: None. Vacant: Third Ward.
12. RES. 2006-401 - Resolution of the City of San Bernardino authorizing the
purchase of 29 Motorola XTS 5000 portable and 10 Motorola XTL 5000
mobile radios from Motorola, Inc.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-401 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
13. 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 to Golden State Fence Company for the installation of
wrought iron fencing around the perimeter of La Plaza Park.
Note: No resolution was included in the backup materials.
City Manager Wilson requested that this item be tabled.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
7
11120/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
14. RES. 2006-404 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to sign a lease agreement with
Russell Properties Partnership for offsite office space on behalf of the San
Bernardino Police Department.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-404 was adopted by the following vote: Ayes:
Members/Commissioners Estrada, Baxter, Derry, Kelley,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
Council
Johnson,
15. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the destruction of certain Police Department records,
documents and papers pursuant to Section 34090 and 34090.6 of the
Government Code of the State of California.
Note: No resolution was included in the backup materials.
City Attorney Penman requested a two-week continuance.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, questioned how long
the City was required to keep various records and documents and where he
could obtain guidelines regarding records destruction.
Mayor/Chairman Morris referred him to Police Chief Billdt.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of December 4,2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
16. RES. 2006-405 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying submittal of a grant application for the FY
05/06 South Coast Air Quality Management District Carl Moyer Memorial
Air Quality Standards Attainment Program to assist in the purchase of (20)
new LNG refuse trucks to be utilized by the Public Services Department,
Refuse Division.
8
11/20/2006
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2006-405 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
17. RES. 2006-402 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submittal of the application for waste tire
enforcement grant funds from the California Integrated Waste Management
Board.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-402 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
18. RES. 2006-403 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to
Fairview Ford of San Bernardino for the negotiated purchase of two 2007
Ford Ranger pick up trucks, to be utilized by the Code Compliance
Department.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2006-403 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
19. Public meeting - formation of a Landscape Maintenance Assessment
District in the Ohio Avenue and Chestnut Avenue area (Tract No. 14881 -
AD 1049)
Mayor/Chairman Morris opened the meeting.
No public comments were received.
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Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the public meeting relative to the
formation of the Ohio A venue and Chestnut A venue Area Landscape
Maintenance Assessment District No. 1049 be closed; and protests and ballots,
if any, be carried over to the public hearing on December 4,2006 at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
20. Public meeting - formation of a Landscape Maintenance Assessment
District in the 6th Street and Sterling Avenue area (Tract No. 17372 - AD
1053)
Mayor/Chairman Morris opened the meeting.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the public meeting relative to the formation
of the 61h Street and Sterling A venue Area Landscape Maintenance Assessment
District No. 1053 be closed; and protests and ballots, if any, be carried over to
the public hearing on December 4, 2006, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
21. Public meeting - formation of Landscape Maintenance Assessment District
in the Campus Parkway and Valles Drive area (Tract No. 17699 - AD 1054)
Mayor/Chairman Morris opened the meeting.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the public meeting relative to the
formation of the Campus Parkway and Valles Drive Area Landscape
Maintenance Assessment District No. 1054 be closed, and protests and ballots,
if any, be carried over to the public hearing on December 4,2006, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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22. Public hearing - obligation and expenditure of the allocated Citizen's
Option for Public Safety (COPS) monies for FY 2006/07
RES. 2006-406 - Resolution of the City of San Bernardino authorizing the
obligation and expenditure of the allocated Citizens Option for Public Safety
(COPS Option) monies for FY 06/07 to supplement front-line law
enforcement support services.
Mayor/Chairman Morris opened the hearing.
Council Member/Commissioner McCammack pointed out that this is an
opportunity for the City to receive $392,822 in grant money for front-line law
enforcement support services.
Police Chief Billdt stated that this was the fifth year the City has received this
money, which has been used to fund four police officers.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-406 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
23. Public hearing - resolution imposing liens on property located within the
City for uncollected business registration fees
RES. 2006-407 - Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of San Bernardino
for uncollected business registration fees.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the hearing be closed; that the City
Clerk be directed to administratively remove any properties from Exhibit A
which have been paid prior to the hearing; and that said resolution be adopted.
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The motion carried and Resolution No. 2006-407 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None. Vacant: Third Ward.
24. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of an agreement and purchase order
between the City of San Bernardino and NPG Corporation for
miscellaneous street repairs as detailed in Bid Specification No. RFQ F-07-
14. (Continued from November 6, 2006)
Responding to a question from Council Member/Commissioner McCammack,
City Manager Wilson assured her that slurry seal was not included in any of the
street repairs detailed in this bid specification. He stated that it was work
beyond potholes, but not full-scale street repairs.
Ms. McCanunack stated that the reason she had questioned this was because six
of the ten bidders were nonresponsive and she wondered why. She asked that
this information be available at the next Council meeting.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council!
Commission meeting of December 4, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
25. Workshop with State Senator Bob Dutton - 5:00 p.m. in the MIC Room, 6'h
Floor, City Hall
Note: No backup materials were distributed.
Senator Dutton noted that the City of San Bernardino is postured very well, and
stated that he was a willing partner to try and help all of us to do what is right
for our city-that it is not about being democrat or republican, but about what is
good for the people in the area. He provided an overview of the bond measures
approved by the voters on November 7 and the impact they will have on the
Inland Empire. He stated that the state still needs to deal with a $5 billion
deficit and it will take awhile to get the bonds "fired up." He stated that he will
try to make an annual visit to the cities he represents; however, he also
encouraged the mayor and council to visit him in Sacramento once or twice a
year.
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COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Estrada,
Baxter, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk
Clark, Economic Development Agency Special Counsel Sabo and Executive Director
Pacheco. Absent: None. Vacant: Third Ward.
R26. Joint public hearing - Disposition and Development Agreement (DDA) for
development of a shopping center - La Placita on 2nd Street - Uptown
Redevelopment Project Area. (Continued from November 6, 2006)
RES. 2006-409 - Resolution of the Mayor and Common Council of the City
of San Bernardino consenting to the sale of certain property and the
funding of certain public improvements as identified in the 2006 Disposition
and Development Agreement ("DDA") by and between the Redevelopment
Agency of the City of San Bernardino ("Agency") and La Placita on 2nd
Street, a California Limited Liability Corporation and accepting the
Community Development Commission's certain environmental fmdings
related to the development of the proposed project. (R26A)
RES. CDC/2006-49 - Resolution of the Community Development
Commission of the City of San Bernardino (1) approving the 2006
Disposition and Development Agreement ("DDA") by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and La
Placita on 2nd Street, a California Limited Liability Corporation; (2)
authorizing the Executive Director of the Agency to execute said DDA
relating to the sale of certain property in the City of San Bernardino; and
(3) making certain findings thereto related to the development of the project
and the funding of certain public improvements. (R26B)
Council Member/Commissioner McCammack stated that she would abstain on
this item because she owns property in the Uptown Redevelopment Project
Area. She left the Council Chambers and returned after the vote was taken.
The hearing remained open.
Maggie Pacheco, Executive Director, Economic Development Agency, stated
that this agreement gives the City an opportunity to remove the substandard and
dilapidated shopping center commonly referred to as the EI Tigre grocery store.
She stated that it will assure that the existing structures are removed and will
make way for a new shopping center of about 100,000 square feet that will be
anchored by a Superior Super Warehouse, with the remaining square footage of
approximately 55,000 square feet to be utilized by other retailers. She advised
that the development will complement the architecture treatment seen at the
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historic Santa Fe Depot, and that the developer intends to spend a minimum of
$22 million demolishing the existing structures and redoing the entire shopping
center.
Ms. Pacheco stated that the schedule calls for the developer to accomplish
demolition within six months of the date of approval of this agreement to begin
paving the way for the new construction. In addition, the agreement places
substantial responsibility upon the Agency, in that the Agency will convey five
parcels of land to the developer at fair market value, and the developer will
repay the Agency for all the costs associated with the acquisition of the five
parcels, including any relocation costs and legal expenses that the Agency incurs
related to any condemnation. She advised that the Agency's responsibility
would also be to provide $2 million in outside improvements to help facilitate
the development of the area.
Ms. Pacheco advised that one key component of the agreement requires the
developer to acquire the property to the south of Second Street to pave the way
for a mixed-use development. The agreement also outlines that the Agency will
make its best efforts to acquire adjacent properties just east of the property that
the developer has acquired; however, that would be the subject of a later
agreement.
No public comments were received.
City Clerk Clark read into the record the amended resolution titles contained in
the new staff report.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolutions A and B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2006-409
and Community Development Commission Resolution No. CDC/2006-49 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson. Nays: None. Abstentions: Council
Member/ Commissioner McCammack. Absent: None. Vacant: Third Ward.
R27. Joint Public Hearing - 2006 HOME Community Housing Development
Organization (CHDO) Capacity Building Agreement with Arroyo Valley
Community Economic Development Corporation, a non-profit corporation
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RES. 2006-410 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving and amending the 2005-2010 Consolidated
Plan and the 2006-2007 Annual Action Plan to allocate $50,000 in HOME
Capacity Building Funds to Arroyo Valley Community Economic
Development Corporation, a non-profit corporation. (R27 A)
RES. CDC/2006-50 - 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 2006 HOME CHDO Capacity
Building Agreement between the Agency and Arroyo Valley Community
Economic Development Corporation, a non-profit corporation. (R27B)
Mayor/Chairman Morris opened the hearing.
Agency Executive Director Pacheco advised that this item deals with allocating
federal HOME dollars to a nonprofit organization, principally to use these funds
for capacity nourishing of a nonprofit, whose fundamental purpose is to provide
affordable housing. She stated that the $50,000 grant represents the 10 percent
of the total budget of the organization, and staff is recommending approval. She
stated that there is a stipulation in the contract that does require the nonprofit to
perform; therefore, if they do not produce a dwelling unit within an 18-month
period from execution of the agreement, they would be required to repay the
grant funds at 6 percent interest.
No public comments were received.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolutions A and B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2006-410
and Community Development Commission Resolution No. CDC12006-50 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent:
None. Vacant: Third Ward.
R28. Joint Public Hearing - 2006 Affordable Single-Family Disposition and
Development Agreement (HOME Funds-Four Agency Lots) - Arroyo Valley
Community Economic Development Corporation and Inland Empire
Concerned African American Churches
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RES. 2006-411 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an amendment to the 2005-2010 Consolidated
Plan and the 2006-2007 Annual Action Plan and consenting to the
disposition of certain properties located in the City of San Bernardino on
16'. and Harris Streets (APN: 0144-131-21) and 17'. and "J" Streets (APN:
0144-131-36, 0144-123-03 and 46) ("Agency Lots"), by the Redevelopment
Agency of the City of San Bernardino ("Agency") pursuant to the terms of
the 2006 Affordable Single-Family Disposition and Development Agreement
(HOME Funds-Four Agency Lots), by and between the Agency, Arroyo
Valley Community Economic Development Corporation and Inland Empire
Concerned African American Churches - IVDA Redevelopment Project
Area. (R28A)
RES. CDC/2006-51 - Resolution of the Community Development
Commission of the City of San Bernardino approving the disposition of
certain properties located in the City of San Bernardino on 16th and Harris
Streets (APN: 0144-131-21) and 17t. and "J" Streets (APN: 0144-131-36,
0144-123-03 and 46) ("Agency Lots"), by the Redevelopment Agency of the
City of San Bernardino ("Agency") and authorizing the Executive Director
of the Agency to execute the 2006 Affordable Single-Family Disposition and
Development Agreement (HOME Funds-Four Agency Lots), by and
between the Agency, Arroyo Valley Community Economic Development
Corporation and Inland Empire Concerned African American Churches -
IVDA Redevelopment Project Area. (R28B)
Mayor/Chairman Morris opened the hearing.
Maggie Pacheco, Agency Executive Director, stated that this item pertains to
the disposition of four parcels that the Agency currently owns to the Arroyo
Valley Community Economic Development Corporation and the Inland Empire
Concerned African American Churches. She stated that the property will be
conveyed to the developer and the participants for the purpose of developing
four single-family homes. She advised that the agreement also provides for the
Agency to contribute up to $593,000 in HOME federal dollars for assisting the
participant and the developer with gap financing that's needed in the form of
construction financing. The developer and participants are responsible for
obtaining the approximately $893,000 of construction funds to complete
approximately $1.3 million in development costs for the four homes.
No public comments were received
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11/20/2006
r
Council Member/Commissioner McCammack expressed concern that the
backup materials contained nonprofit status information for Arroyo Valley;
however, she could find nothing regarding the nonprofit status of the
participant. She stated that she would have thought both organizations would
have needed to provide this information.
Ms. Pacheco stated that if it is lacking in the document, it clearly is in the
Agency offices. She stated that non-profit status of the participant is a
requirement, and she was sorry it was not included in the backup materials. She
assured Ms. McCammack that staff had verified the nonprofit status of the
participant. Project Manager Musibau Arogundade confirmed Ms. Pacheco's
comments.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolutions A and B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2006-411
and Community Development Commission Resolution No. CDC/2006-51 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
None. Vacant: Third Ward.
R29. RES, CDC/2006-52 - 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 Redevelopment Project Study and
Exclusive Right to Negotiate Agreement ("Agreement") with Home Depot,
Inc. (North Arden Guthrie - IVDA Redevelopment Project Area).
(Continued from November 6, 2006)
Agency Executive Director Pacheco stated that this was a 24-month agreement
,between the Agency and Home Depot which would allow the Agency to explore
development of the northern Arden Guthrie area. She stated that Home Depot
has made a commitment to develop all 17 acres, and this will allow that process
to begin. She advised that a key point to this particular agreement is that Home
Depot is providing the Agency a I percent deposit of the projected purchase
price of $5.8 million; however, that will be verified later on as they proceed to
enter into a development agreement. She pointed out that this agreement is a
precursor to a Disposition and Development Agreement and simply allows staff
to study the development feasibility.
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11/20/2006
Council Member/Commissioner McCammack pointed out that this is not just
going to be a Home Depot-it's a Home Depot on a portion of the property, and
Home Depot wants to guarantee development of the additional six acres of the
site with youth oriented retail, sit-down restaurants, and other types of
establishments with immediate access to the soccer field. She added that Home
Depot has stated that they will not be closing their store on Muscupiabe, as it is
one of their highest producing stores.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2006-52 was adopted by the following vote:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
Ayes:
Johnson,
R30. RES. CDC/2006-53 - 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 a Professional Services Agreement by
and between the Agency and California Property Specialists, Inc., for
relocation services (Central City North Redevelopment Project Area -
Downtown Acquisitions).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2006-53 was adopted by the following vote:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
Ayes:
Johnson,
R31. RES. CDC/2006-54 - 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 a Professional Services Agreement by
and between the Agency and California Property Specialists, Inc., for
acquisition and relocation services (IVDA Redevelopment Project Area -
Arden Guthrie Acquisitions).
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2006-54 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
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r--.
R32. RES. CDC/2006-55 - 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 Amendment No. 1 to the Contractor
Services Agreement Minor Grant Repair Program (Elderly/Special Needs)
between the Oldtimers Foundation and the Agency, reinstating said
Agreement and authorizing the amount of one hundred thousand dollars
($100,000) annually, for a three (3) year term commencing in 2007, subject
to annual funding availability.
Council Member/Commissioner McCammack asked if there was a way to
allocate additional funding to this program.
Agency Executive Director Pacheco stated that additional resources could be
allocated; however, at this point in time they are trying to make sure that they
don't overextend the Oldtimers services. She stated that a lot of the work is
done by the Oldtimers, that they are now at an evaluation period, and if it turns
out that there is a need and they can handle the additional labor, it can be
brought back to the Commission.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. CDC/2006-55 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
R33. RES. CDC/2006-56 - 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 Redevelopment Project Study and
Exclusive Right to Negotiate Agreement with Hoprock 2 Verdemont, LLC
("Developer") - Verdemont Area.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2006-56 was adopted by the following vote:
Council Members/Commissioners Estrada, Baxter, Derry, Kelley,
McCamrnack. Nays: None. Absent: None. Vacant: Third Ward.
Ayes:
Johnson,
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11/20/2006
34. Authorize the Director of Finance to amend the FY 2006/07 adopted budget
to reflect costs associated with Operation Phoenix Programs in the Parks
and Recreation Department and to also reflect the corresponding revenue
reimbursement from County NIP Funds
Council Member/Commissioner McCammack verified with staff and the mayor
that the use of NIP funds for this purpose fell within the realm of the grant.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the Director of Finance be
authorized to amend the FY 2006/07 adopted budget to reflect costs associated
with Operation Phoenix programs in the Parks & Recreation Department and to
also reflect the corresponding revenue reimbursement from County NIP funds,
as outlined in the staff report dated November 7, 2006, from Lemuel Randolph,
Director of Parks, Recreation and Community Services.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
35. RES. 2006-408 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute Amendment No. One
to the Securitas Security Services USA, Inc. Agreement, dated November 6,
2006, for security guard services at the San Bernardino Metrolink Station.
Council Member/Commissioner McCammack made a motion, seconded by
Couucil Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-408 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None. Vacant: Third Ward.
36. Public Comments
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed a handout
to the Mayor and Council and spoke regarding the ten years he has been coming
before the Council. He commented on the recent election of new Senate
majority leader Harry Reid from Nevada, which he believes will be a significant
blow to the Yucca Mountain Project and the issue of rail transportation of
nuclear waste.
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37. Adjournment
At 6:30 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, December 4,2006, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
By:
RACHEL G. CLARK
~ City Clerk
.~~.W
Linda E. Hartzel
Deputy City Clerk
No. of Items: 37
No. of Hours: 5
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