HomeMy WebLinkAbout10-02-2006 MinutesCITY OF SAN BERNARDINO
300 N. `D " Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
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Dennis J. Baxter
Vacant
Neil Derry
Chas Kelley
Rikke Yon Johnson
Wendy McCammack
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 - existing litigation - pursuant to
Government Code Section 54956.9(a):
11110100111.1
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;
Bio-Mass, A California Corporation, et al. v. City of San
- 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
Government Code Section 54956.9:
Stewart Cumming v. Northwest 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 Government Code Section
54956.9:
City of San Bernardino and the Redevelopment Agency of the City of
San Bernardino v. Upham Development Company, El Corte Ingles,
S.A. Company, The Harris Company, and LNR San Bernardino, LLC
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:
Negotiator:
Linn Livingston, Human Resources Director
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Employee Organizations:
Police Management
Fire Management
General Bargaining Unit
Mid -Management Unit
Management Confidential Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Uptown Redevelopment Project Area (La Placita Project)
1. Property: Vacant Land
APN: 0138-301-08
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, and
Alice E. Spar, et al., property owner(s)
Under Negotiation: Purchase price, terms and conditions
Central
2.
791
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Property Address:
Area
795 West 5' Street, San Bernardino
APN: 0134-093-41
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Tien Lee International Limited
Corp., Ha -Ram, Inc., and Fu San Limited,
Inc., property owners/sellers
Under Negotiation: Purchase price, terms, and conditions
Property Address: 696 West 5' Street, San Bernardino
APN: 0134-061-21, 22, 25 and 30
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Bruce C. Ko, Christopher C. Ko
and Henry C. Ko, property owners/ sellers
Under Negotiation: Purchase price, terms, and conditions
Property Address: 673 West 5' Street, San Bernardino
APN: 0134-101-02 and 03
3
10/02/2006
Negotiating 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 Negotiation: 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
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Willie and Jerry Wagoner and
Rose Harris, et al., property owners/sellers
Under Negotiation: 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.
4 10/02/2006
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.
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 Torbert,
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 Award 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.
5 10/02/2006
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-1231 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.
6 10/02/2006
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 28`"
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/LONG) 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 staffs 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
7 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 McCammack 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 McCammack made a motion to continue this
item. The motion failed for lack of a second.
8 10/02/2006
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, 6' 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, 6" Floor, City Hall.
9 10/02/2006
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.
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 (DAAS) 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 (DAAS) 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.
10 10/02/2006
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.
11 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, McCammack. 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.
12 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.
13 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 (Tract 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 Avenue and Pine Avenue 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.
14 10/02/2006
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. 5'" 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 16` and Harris Streets (APN: 0144-131-21) and 17' 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 (IVDA) Redevelopment Project Area.
(R31A)
Resolution of the Community Development Commission of the City of San
Bernardino approving the Disposition of certain property located on 16'" and
Harris Streets (APN: 0144-131-21) and 171e 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 (IVDA)
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 40'" Street
Redevelopment Project Area Single Family Residential Disposition and
Development Agreement - TELACU Development, LLC
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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 49t° Street (APN: 0154-126-25) by the Redevelopment Agency of the
City of San Bernardino ("Agency") pursuant to Amendment No. 1 to the
2005 401e Street Redevelopment Project Area Single Family Residential
Disposition and Development Agreement (TELACU 49'" Street New Homes
Project) between the Agency and TELACU Development, LLC ("Developer")
- 40` 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 401h
Street Redevelopment Project Area Single Family Residential Disposition and
Development Agreement (TELACU 491e 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 - 40' 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
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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 McCammack 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
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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
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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 environmental 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
environmental 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 Penman 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 VA 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 Council/Community Development Commission is scheduled
for 1:30 p.m., Monday, October 16, 2006, in the Council Chambers of City Hall,
300 North "D" Street, San Bernardino, California.
No. of Items: 37
No. of Hours: 5
RACHEL G. CLARK
City Clerk
ByoS�u oCw >
Linda Sutherland
Deputy City Clerk
23 10/02/2006