HomeMy WebLinkAbout11-06-2006 MinutesSan
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 McCananack
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 - existing 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;
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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:
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40'" Street Redevelopment Project Area
Property Address: 251 East 49' Street
APN: 0154-126-01
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Stephen E. H. Maxey, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
2. Property Address: 259 East 49' Street
APN: 0154-126-03
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Robert and Shari Celaya,
property owners/sellers
Under Negotiation: Purchase price, terms and conditions
IVDA Redevelopment Project Area
Property Address: 163 North Allen Street
APN: 0135-301-34 and 35
Negotiating Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Khuon V. Trang, property
owner/seller
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following 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 following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
Vacant: Third Ward.
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 Common Council and Community
Development Commission.
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 Commission - Council Member
Estrada
• Debra Morton - Bureau of Franchises - Council Member Kelley
• Rafael Rawls - Community Development Citizen Advisory Committee -
Council Member Johnson
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the appointments of Eri F. Yasuhara to the
Human Relations Commission, Debra Morton to the Bureau of Franchises, and
Rafael Rawls to the Community Development Citizen Advisory Committee, as
requested by Council Members Estrada, Kelley, and Johnson, 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. Presentations & Proclamations
Council Member Dennis Baxter presented the Citizen of the Month Award to
Sonia Fisher -Martin.
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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 I-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: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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 11/06/2006
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.
11. 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 16' Street (SS06-39) and 2"" Street, from I-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 16'" Street (SS06-39) and 2' Street, from I-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 (SSO4-01) 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 (SSO4-01) 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: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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' Street and Mountain Avenue at
Northpark Boulevard; and traffic signal modifications at University Parkway
at the I-215 Ramps (TC05-06, TC04-39, SS05-09, 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 30' Street and
Mountain Avenue at Northpark Boulevard; and traffic signal modifications at
University Parkway at the I-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: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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 (SS07-17), 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. Bonad man &
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 13'
Street & a portion of 131e 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 Avenue 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.
10 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 I-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 they 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.
11 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 Council 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.
12 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, McCammack.
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.
14 11/06/2006
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, McCammack. 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 29' 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: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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 Avenue 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 Avenue 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 11/06/2006
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 Avenue 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 Avenue 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: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
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 34'h Street -
Leroy Street to Waterman Avenue (SW04-23); 48`h 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 - 2°" Street to
4'h 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 34' 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 4`" Street (SW04-06), per
project Plan No. 11147.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
Staff Present
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Derry,
Kelley, Johnson, McCammack; Sr. Deputy City Attorney Empetio, 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/2005-35. (R47B)
Council Member/Commissioner McCammack 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.
20 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. CDC/2006-48 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: Council Members/
Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None. Vacant: Third Ward.
R50. Joint public bearing - Disposition and Development Agreement (DDA) for
development of a shopping center - La Placita on 2°" 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 2"
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. (R50A)
21 11/06/2006
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 2°" Street, a California Limited Liability
Corporation ("Developer") and making certain environmental findings
thereto related to the development of the project. (R50B)
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-1, 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
23 11/06/2006
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 timeframe 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.
24 11/06/2006
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 DP1
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 29' 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 Avenue 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 11/06/2006
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. 25" 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. ' F" 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.
No. of Items: 54
No. of Hours: 5
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
27 11/06/2006