HomeMy WebLinkAbout06-Council Minutes
,
CITY OF SAN BERNARDINO
300 N. "D>> Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Potrkk J. Morris
Council MemIHrs:
Esther Estroda
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Yon Johnson
Wendy McCammack
w
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY21,2oo7
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 1:33 p.m., Monday, May 21, 2007, 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, Brinker,
Derry, Kelley, Johnson, McCanunack; City Attorney Penman, City Clerk Clark, City
Manager Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
J.R., et al. v. City of San Bernardino - United States District Court Case
No. 05-1045 JWJ;
Singleton v. City of San Bernardino, et al. - San Bernardino Superior
Court Case No. SBVSS 126289;
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OS/21/2007
City of San Bernardino v. California Electric Power Company, et al. -
San Bernardino Superior Court Case No. SCVSS 134263.
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:
1. Inland Communities Corp. v. City of San Bernardino, et al.
(Paradise Hills)
2. Claim filed by the City of RiversidefFhe Gage Canal Company
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9: one case
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional cases would be
discussed in closed session under Agenda Item No. IB, significant exposure to
litigation:
Agenda Item No. 29;
Claim of Anthony and Eric Collay;
National Alliance for Human Rights v. City of San Bernardino.
Under Agenda Item No. IC, anticipated litigation/initiation of litigation:
A second case
Under Agenda Item No. IF, conference with labor negotiator:
San Bernardino Professional Fire Fighters Association
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OS/21/2007
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.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Barnabas Laubach of St. Bernardine's Medical
Center, followed by the pledge of allegiance, led by Gabriela Perez from Bradley
Elementary School.
Moment of Silence
Mayor/Chairman Morris expressed condolences to the families and requested a moment
of silence in memory of Roger O'Campo, who managed a Little League team, was a
member of the Knights of Columbus Council 905, and a former member of the San
Bernardino Police Commission; Thomas G. Crist, a native of San Bernardino who
worked for the school district as an elementary and middle school teacher and
administrator, served as principal of Mt. Vernon Elementary School and Alessandro
Elementary School until his retirement in 1995, and coordinated the America
Reads/America Counts tutors for the school district and worked with students at
California State University, San Bernardino; and Dr. Gordon O. Lambson, a well known
oral surgeon, who had medical offices in San Bernardino and Redlands.
2. Appointments
Education Bridge Ad Hoc Committee - Mayor Morris
. Council Member Baxter
. Council Member Estrada
Historical Preservation Commission
. Alycia D. Enciso - Council Member McCanunack
. Nick Cataldo - Council Member Kelley
Fine Arts Commission
. Mary Sue Atanasova - Council Member Baxter
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the appointments of Council Member
Baxter, Council Member Estrada, Alycia Enciso, Mary Sue Atanasova, and Nick
Cataldo, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
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OS/21/2007
3. Presentations & Proclamations
Following a performance by the Elementary Magnet Schools Honor Orchestra,
under the direction of Michele Tacchia, Mayor Morris presented Certificates of
Recognition to the students for walking off with top prizes at the Southern
California School Band and Orchestra Association Regional Festival.
Councilman Johnson introduced Akashambatwa Mbikusita-Lewanika, Prince of
Zambia, Africa, a guest of the Inland Empire Concerned African American
Churches under the leadership of Pastor Raymond Turner of Temple Missionary
Baptist Church. Mayor Morris stated that he prepared a formal proclamation in
honor of the Prince's visit, making this day a special day in the City of San
Bernardino.
Mayor Morris introduced the Executive Director of the California Welcome
Center, Mr. Wayne Austin, and announced that last week was the official opening
of the Center, which is located at 1955 Hunts Lane, and is also the new home for
the San Bernardino Convention and Visitors Bureau.
Mayor Morris presented a proclamation designating the week of May 21-27,
2007, as Public Works Week to City Engineer Mark Lancaster and Director of
Public Services Ken Fischer.
Mayor Morris presented a proclamation designating the month of Mayas Foster
Care Awareness Month to Lisa Dryan on behalf of Child Protective Services.
Peggi Hazlett, Assistant to the Mayor, read the names of the following individuals
who were presented a service pin award by Mayor/Chairman Morris in
recognition of their many years of dedicated service to the City:
Name
Bernardo Guevara
Martin Estacio
Scott Gauley
Jeffery Northup
Paula Miller
Daniel Ustation
Jarrod Burguan
Mark Garcia
Jonathan Roberg
Michael Roche
Clark Wood
Department
Development Services
Fire
Fire
Fire
Library
Parks, Recreation and Community
Services
Police
Police
Police
Police
Police
4
Years of Service
5
20
20
20
10
25e
15
20
10
20
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OS/21/2007
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 FuU Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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, Brinker, Derry, ,Kelley, J0hnson, McCammack.
Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: March
21,2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated May 18, 2007 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, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
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OS/21/2007
8. RES. 2007-158 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odium & Haws and the City of San
Bernardino in the case of San Bernardino Police Officers Association v. City of
San Bernardino, a municipal corporation; Michael Billdt, individually and as
Chief of Police for the San Bernardino Police Department; and Does 1 through
10, inclusive.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-158 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Jolmson,
McCammack. Nays: None. Absent: None.
9. RES. 2007-159 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odium & Haws and the City of San
Bernardino in the Civil Service Hearing of Steve Lowes.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Jolmson, that said resolution be adopted.
Resolution No. 2007-159 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. Report to Mayor and Council on subject matter related to municipal
governance learned while attending the April 2007 International Municipal
Lawyers Association Conference
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the report be discussed, received and
filed .
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
11. Set budget hearing dates for June 7, 14, 21, 2007, at 4:30 p.m. in the
Economic Development Agency Boardroom, to review the Fiscal Year
2007/2008 Budget
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Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council set the
Fiscal Year 2007/08 budget workshop dates for Thursdays, June 7, 14, & 21,
2007, at 4:30 p.m. in the Economic Development Agency Boardroom, to review
the Fiscal Year 2007/2008 City and Economic Development Agency budgets.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
12. ORD. MC-I246 - An Ordinance of the City of San Bernardino amending
Chapter 8.54 of the San Bernardino Municipal Code regarding noise.
FINAL READING. (Continued from May 7, 2007)
Council Member/Commissioner McCanunack made a motion, seconded by
Council Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-1246 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2007-168 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Olive Avenue
and Belmont Avenue area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the District, to be known as
Assessment District No. 1051; preliminarily approving the Engineer's report
and giving notice of a public hearing.
Note: Agenda Item Nos. 13 and 14 were discussed simultaneously.
Council Member/Commissioner Kelley stated that he recently took a tour of the
Fifth Ward with the Director of Parks, Recreation and Community Services to
review the Landscape Maintenance Districts (LMDs) and the need for better
maintenance. He requested that the Council look at ways of beefing up staffing
levels and improving the condition of our LMDs and the condition of our parks
Citywide.
City Manager Wilson stated that as the number of LMDs grows there is a need to
adequately administer the various contracts that exist regarding landscape
maintenance. He stated that one of the recommendations made by Management
Partners was to look at the whole issue of LMDs and assess whether what we are
doing makes sense. Mr. Wilson stated that in the coming months they will be
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OS/21/2007
delving into it with the new Parks and Recreation Director and will look at ways
to address Mr. Kelley's concerns.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the Olive
Avenue and Belmont Avenue area (Tract No. 17396), to be known as Assessment
District No. 1051; and that said resolution be adopted.
The motion carried and Resolution No. 2007-168 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCanunack. Nays: None. Absent: None.
14. RES. 2007-169 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Pine Avenue
and Redwood Street area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the District, to be known as
Assessment District No. 1055; preliminarily approving the Engineer's report
and giving notice of a public hearing.
Note: Agenda Item Nos. 13 and 14 were discussed simultaneously.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the Pine
Avenue and Redwood Street area (Tract No. 17716), to be known as Assessment
District No. 1055; and that said resolution be adopted.
The motion carried and Resolution No. 2007-169 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2007-160 - 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 4285
North Fourth Avenue.
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OS/21/2007
Council Member/Conunissioner Baxter made a motion, seconded by Council
Member/Conunissioner Johnson, 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 4285 N. Fourth A venue; and that said
resolution be adopted.
The motion carried and Resolution No. 2007-160 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
16. RES. 2007-161 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the fmal map for Tract Map No. 17704, located
between Sierra Way and Waterman Avenue on the North side of 3'd Street in
the CG-2, Commercial General land use district, accepting the public
dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the improvements in said subdivision, with
time for performance specified.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Conunissioner Johnson, that said resolution be adopted.
Resolution No. 2007-161 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Resolution ofthe City of San Bernardino authorizing and directing execution
of a license and agreement with JKS-Marshall Plaza LLC, a Delaware
Limited Liability Company for encroachment of an overhanging fa~de and
appurtenances in the right-of-way of a public alley located south of Second
Street and west of "G" Street.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Conunission meeting of June 4, 2007.
The motion carried by the following vote: Ayes: Council Members/
Conunissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
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OS/2112007
18. RES. 2007-170 - Resolution of the City of San Bernardino authorizing
execution of a cooperative agreement between the City of San Bernardino
and the County of San Bernardino for pavement rehabilitation of Cajon
Boulevard from 0.22 miles northwest of Palm Avenue to 0.05 miles northwest
of Rex Cole Road (SS07-06).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-170 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2007-162 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the final map for Tract Map No. 17076, located
on the southwest comer of Pepper Avenue and Rialto Avenue in the RS,
Residential Suburban land use district, accepting the public dedications as set
forth on said map; and authorizing execution of the standard form of
agreement for the improvements in said subdivision, with time for
performance specified.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-162 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2007-163 - 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 three one-year options to Arrow Power
Sweeping, Inc. for parking lot sweeping services for the Carousel Mall and
the Five-Level Parking Strncture in the amount of $59,900.00.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-163 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2007-164 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance or designee to issue a
Purchase Order to Zoll Medical Corporation in the amount of $95,791.83 for
the purchase of defibrillators and accessories.
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OS/21/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-164 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. Budget amendment to augment the library book expenditure account by an
additional $38,000 received from the State Library Public Library Fund
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the Fiscal Year 2006/07 Library budget and increase the Library's book
account (Account No. 105-471-5123) by $38,000 and increase in a corresponding
amount Library PLF revenues (Account No. 105-000-4618).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
23. RES. 2007-165 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Professional
Services Agreement with RHA Landscape Architects-Planners, Inc., in the
amount of $135,300 for the purpose of preparing the plans and specifications
for the Electric Avenue Historic Park Project.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-165 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2007-166 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submittal of 2007/08 Used Oil and Filter
Recycling Block Grant application for grant funds from the California
Integrated Waste Management Board.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-166 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
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OS/21/2007
25. RES. 2007-167 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submittal of the funding request form to the
Department of Conservation, Division of Recycling for California Beverage
Container Recycling and Litter Reduction Activities.
Council Member/Conunissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-167 was adopted by the following vote: Ayes: Council
Members/Conunissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. Public Hearing - resolution ordering work - Chiquita Lane and Date Street
Area Landscape Maintenance Assessment District No. 1060 (Tract No. 17576)
RES. 2007-155 - Resolution of the City of San Bernardino fmding and
determining the existence of less than a majority protest, that baUots
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 Chiquita Lane and Date Street
Area, approving the fmal Engineer's Report, creating an assessment district
to cover the costs of said maintenance, known as Assessment District No.
1060, ordering the work, confirming the 2007-2008 assessment roU, and
determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 shaD not apply.
Mayor/Chairman Morris opened the hearing.
City Clerk Clark announced that five (5) ballots had been returned and were in
favor of the proposed assessment.
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. 2007-155 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
27. Public Hearing - resolution ordering work - Mill Street and Meridian
Avenue Area Landscape Maintenance Assessment District No. 1061 - Tract
No. 17218 (Continued from May 7, 2(07)
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OS/21/2007
RES. 2007-156 - Resolution of the City of San Bernardino rmding 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 Mill Street and Meridian
Avenue area, approving the Final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1061, 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.
The hearing remained open.
City Clerk Clark announced that eight (8) ballots had been returned and were in
favor of the proposed assessment.
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. 2007-156 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCamrnack. Nays: None. Absent: None.
28. Approve request for continnance of Tentative Tract No. 14112 located
northeasterly of the intersection of Foothill Drive and Sterling Avenue
(Continued from November 6,2006)
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCanunack, that the Mayor and Common Council
approve the request for continuance of the Pinal Map for Tentative Tract No.
14112, to November 19, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCamrnack.
Nays: None. Absent: None.
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OS/21/2007
PLANNING
29. Public Hearing - Conditional Use Permit No. 06-24 (Appeal No. 07-02)
appeal of the plAnning Commission approval of additional antennas and
equipment at an existing communication tower site, with a requirement to
replace the existing non-stealth monopole tower with a monopine tower -
1093 West 5th Street in the CH, Commercial Heavy, land use district
(Continued from May 7,2(07)
The hearing remained open.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of June 4,2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
30. Public Hearing - Specific Plan Amendment No. 06-03, Tentative Parcel Map
No. 17887, Variance No. 07-08 and Development Permit II No. 06-06 -
Hillwood Southgate Project
RES. 2007-157 - Resolution of the City of San Bernardino adopting Specific
Plan Amendment No. 06-03, to amend the San Bernardino International
Trade Center Specific Plan.
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, Deputy Director/City Planner, stated that this project contains a
Specific Plan Amendment jointly proposed by Hillwood Investment Properties
and the Inland Valley Development Agency, as well as a warehouse and
distribution center proposed by Hillwood as their Southgate Project. She stated
that this Specific Plan Amendment would rename the International Trade Center
Specific Plan as the Alliance California Specific Plan, would add approximately
32 acres to the Specific Plan area, and would make various adjustments within the
Specific Plan to accommodate the remaining build out of that area.
Ms. Rahhal stated that the Southgate Project is a development permit application
for 6 large warehouse distribution facilities on the north side of Central Avenue,
east of Tippecanoe Avenue. She stated that this would be the extension of the
existing Central A venue, which was previously known as Palm Meadows Drive.
She stated that the large warehouse facilities would total approximately 2.5
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OS/21/2007
million square feet, and in addition to these large facilities, there is a proposed
complex of 20 smaller industrial buildings in an industrial park setting for a total
of 200,000 square feet at the southeast comer of Central Avenue and Tippecanoe
A venue.
Ms. Rahhal stated that a Tentative Parcel Map No. 17887 is proposed to divide
the 159-acre site into 10 parcels, and ultimately this project site will have access
to Tippecanoe and Mountain View Avenues from Central. She stated that
pending completion of the extension of Mountain View Avenue to connect to
Central A venue, the site would only have one standard means of access from
Central Avenue to Tippecanoe Avenue. In the meantime, a variance from the
Code requirement for two standard means of access is requested for this project.
Ms. Rahhal stated that in addition to the standard access to Tippecanoe Avenue
via Central Avenue, two non-standard alternative access routes are proposed to
serve the project site during that interim period and the Fire Marshall has
approved these proposed access ways as stated in the memo identified as Exhibit
3 of the staff report. She stated that compliance with the California
Environmental Quality Act is proposed by an addendum to the International Trade
Center Specific Plan, which was previously certified with an Environmental
Impact Report.
Ms. Rahhal stated that the Planning Commission considered the Specific Plan
Amendment and the Southgate Project at its meetings of April 17 and May 8 of
this year, and they unanimously recommended approval. She stated that the
Inland Valley Development Agency and the San Bernardino International Airport
Authority support the project subject to provisions for compatibility with the
Airport, which have been included in the revised Conditions of Approval. She
stated that Hillwood Investment Properties has agreed to all the Conditions of
Approval and are eager to commence development of the project site.
Ms. Rahhal stated that staff recommends that the Mayor and Council adopt the
resolution to approve the proposed amendments to the Specific Plan and to adopt
the addendum to the certified EIR. Further, she stated that staff recommends that
the Mayor and Council approve Tentative Parcel Map No. 17887, Variance No.
07-08 and Development Permit II No. 06-06, based on the Findings of Fact in the
Planning Commission staff report, and subject to the revised Conditions of
Approval and Standard Requirements.
No public comments were received.
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05121/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that the Mayor
and Common Council adopt the resolution to amend the Specific Plan and
approve Tentative Parcel Map No. 17887, Variance No. 07-08, and Development
Permit II No. 06-06, based upon the Findings of Fact and subject to the
Conditions of Approval and Standard Requirements.
The motion carried and Resolution No. 2007-157 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
31. Ordinance of the City of San Bernardino amending Section 9.69 of the San
Bernardino Municipal Code. FIRST READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
32. Public Comments
Betty Jean Long, P.O. Box 1098, San Bernardino, CA, spoke about the March
17 protests by the illegal immigrants and Armando Navarro.
David McClIrnrnllck, 634 E. Parkdale Drive, San Bernardino, CA, talked about
several monuments he visited in Washington D.C. and Philadelphia and he
requested that everyone take a moment during the holiday to show thanks to all
our veterans.
Stewart Cumming, 4377 N. Cristy Avenue, San Bernardino, CA, stated that
Mr. Navarro and the National Alliance for Human Rights believe that the City
billing them for extraordinary costs related to their demonstration is a violation of
their first and fourteenth amendment rights-freedom of speech and assembly.
He stated that Mr. Navarro learned of the regulations when he applied for a
permit. He had the option of paying fees up front indemnifying himself against
actual cost increases. He had the opportunity to provide his own security for the
event in lieu of utilizing City provided services and he chose not to do so. He
chose to come to San Bernardino-a city known to be struggling with high crime
rates, budgetary constraints, and an understaffed police department. He had a
myriad of options available to him as to the time and place for conducting his
event and he chose not to exercise them. Knowing the regulations, he is aware
that if he objects to the fees, he can seek an administrative review. Instead, he
16
OS/21/2007
chose to use the press as a bully pulpit touting his civil rights to avoid paying a
legitimate bill.
Mr. Cumming stated that as a citizen of this City he has unalienable rights to life,
liberty and the pursuit of happiness that the Police Department is charged with
protecting. However, these rights trump your rights when you infringe on their
ability to do so.
Tierney Harris, 2025 Sunrise Lane, #4, San Bernardino, CA, spoke regarding
the crime in her neighborhood.
Scott Folkens, 236 E. 29th Street, San Bernardino, CA, President of the Wilson
Neighborhood Cluster Association, thanked Counci1man Kelley for his efforts in
establishing Ronald Reagan Park, and he announced that their first fundraiser
event will be held on June 12, 2007, at the Castaway Restaurant.
Yvonne Downing, 898 Wilson Street, San Bernardino, CA, spoke about crime.
33. Adjournment
At 5:20 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is scheduled
for I :30 p.m., Monday, June 4, 2007, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
ByA-1l1 ,~ ~
Linda Sutherland
Deputy City Clerk
No. of Items: 33
No. of Hours: 4
17
OS/21/2007
CITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Palrick J. Morris
Council Members:
Esther Estrada
Dennis J. BOXIer
Tobin Brinker
Neil Derry
ChDs Kelley
Rikke Van Johnson
Wendy McCamnuu:k
~
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 4, 2007
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 1:43 p.m., Monday, June 4, 2007, 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, Brinker,
Derry, Johnson, McCarnmack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley Arrived
At 1:53 p.m., Council Member/Commissioner Kelley arrived at the Council!
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Michael Ne/(rete v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 142361;
Kenneth O'Howell v. City of San Bernardino, et al. - United States
District Court Case No. CV 06-01678 PSG (OPx).
1
06/04/2007
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of
Government Code Section 54956.9:
National Alliance for Human Rights v. City of San Bernardino
ACLU v. City of San Bernardino
Garrett Zimmon - Disability Retirement
Agenda Item No. 35
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. County of San Bernardino; California
Portland Cement Company; Robertson's Ready Mix; Holliday Rock, Co.
Inc.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
401h Street Redevelopment Project Area
I. Property Address: 255 East 49"' Street
APN: 0154-126-02
Ne20tiatin2 Parties: Maggie Pacheco, Executive Director, on
behalf of the Redevelopment Agency, as
buyer, and Frank Marques, property
owner/seller
Under Ne20tiation: Purchase price, terms, and conditions
2
06/04/2007
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Under Agenda Item No. IB, significant exposure to litigation:
Agenda Item No. 36;
Ratification of Mayor's waiver of extraordinary fees for event held by
California State Employees Association on June 2,2007;
Gymnasium at Ruben Campos Center.
Under Agenda Item No. ID, Personnel:
One item.
Closed Session Announcement
City Clerk Clark announced that during closed session a motion was made by Council
Member/Commissioner Baxter, seconded by Council Member/Commissioner
McCammack, and unanimously carried, to waive extraordinary law enforcement fees
for the event held June 2,2007, by the California State Employees Association.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Jose Vindel of St. Paul's United Methodist
Church, followed by the pledge of allegiance, led by Council Member Chas Kelley.
Moment of Silence
Mayor Morris extended condolences to the families and requested a moment of silence
in memory of Adrian Ramirez, a former City Water Department employee who retired
after serving the City for 39 years and never taking a day of sick leave; Phyllis Hyer,
who was active in the San Bernardino Assistance League, the Concert Association, and
the Symphony Association; and Virginia Sitzman, who owned and operated Pictureland
Custom Framing for the past 27 years and died after a courageous battle with cancer.
2. Appointment - James M. Smith - Historical Preservation Commission -
Council Member Baxter
3
06/0412007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the appointment of James M. Smith to the
Historical Preservation Commission, as requested. by Council Member/
Commissioner Baxter, be approved.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
3. Proclamations & Presentations
Mayor/Chairman Morris presented Ambassador of Goodwill certificates to the
following students who will be representing San Bernardino in our Sister City of
Tachikawa, Japan:
Dawn-Noel Becar, Cajon High School
Diana Cao, San Gorgonio High School
Kenny DuIock, Cajon High School
Danielle and Michelle Fletcher, Cajon High School
Council Member/Commissioner Estrada presented Certificates of
Commendation to the following individuals who have helped with the Casa de
San Bernardino Youth Program: Family of Juana Alvarado, Jason Collier,
Gabriel Garcia, Henry Herrera, Jack Kennedy, Sarah Miggins, Gaby Nunez,
Charlie Seymour, and Randy Stiplin. Not present, but also named, were Sandy
Bonilla, Hugo Castellanos, Kisha Cox, Alicia Murillo, and Richard
Thornburgh.
Council Member/Commissioner Baxter presented a Citizen of the Month award
to Deborah Matley in recognition of the extra time and effort she has
contributed to the community through her leadership and involvement in the
DMV Neighborhood Association and the Neighborhood Association Executive
Committee.
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.
In addition, Police Chief Billdt announced that his department had filled all of
its vacancies (14 positions set forth in the combined hiring plan, 4 Office of
Traffic Safety officers, 2 additional officers), which means that they are actually
over-filled by two.
4
06/04/2007
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, 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:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: April 2,
2007 and April 30, 2007.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCanunack. Nays: None. Absent: None.
7. Claims & Payroll
Ayes:
Derry,
Council Members/
Kelley, Johnson,
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated May 25,
2007, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
8. Personnel Actions
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated May 30, 2007, in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino, be approved and ratified.
5
06/04/2007
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
9. ORD. MC-I247 - Ordinance of the City of San Bernardino amending
Section 9.69 of the San Bernardino Municipal Code. FINAL READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted.
Ordinance MC-1247 was adopted by the following vote:
Members/Commissioners Estrada, Baxter, Brinker, Derry,
McCammack. Nays: None. Absent: None.
Ayes: Council
Kelley, Johnson,
10. Resolution of the City of San Bernardino noticing a public hearing relative
to the formation of Underground Utility District No. 34, generally located
along portions of 3rd Street, between Waterman Avenue and a point 205 feet
east of the centerline of Shirley Avenue, in the City of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of July 2, 2007.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
11. RES. 2007-171 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Supplemental Agreement to the Overhead
Agreement with Burlington Northern Santa Fe (BNSF) Railway Company
and County of San Bernardino and the San Bernardino Associated
Governments (SANBAG) for the University Parkway Grade Separation
Project (CIP SS04-52).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-171 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6
06/04/2007
12. RES. 2007-172 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the Final Map for Tract Map No. 18083,
located on the southeast comer of Waterman Avenue and Industrial Road
in the IL, Industrial Light land use district, and accepting the public
dedications as set forth on said map.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-172 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2007-173 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to New West Signal for traffic signal
at Mill Street and Doolittle Drive (TC06-0l), per Project Plan No. 11330,
and authorization for the Director of Finance to amend the FY 2006/07
budget.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2006/07 budget by transferring $25,000 from Account No. 250-
370-5504-7430 (TC04-21) "Highland Avenue and "E" Street Signal Upgrade"
and $27,000 from Account No. 250-370-5504-7431 (TC04-16) "5'" Street and
"F" Street Signal Upgrade" and $23,900 from Account No. 250-370-5504-7435
(TC04-20) "IS'" Street and "E" Street Traffic Signal" to Account No. 250-370-
5504-7656 (TC06-0I) "Mill Street and Doolittle Drive Traffic Signal; and that
said resolution be adopted.
The motion carried and Resolution No. 2007-173 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2007-182 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Hardy & Harper, Inc. for cuI-de-
sac street improvements on 4th Street at Mt. Vernon Avenue (SS06-01), per
Project Plan No. 11882, and authorization for the Director of Finance to
amend the FY 2006/07 budget.
Council Member/Commissioner Brinker questioned whether this was an
appropriate use of School of the Month funds, since the Council was being
asked to transfer $15,000 from the School of the Month account to this project.
7
06/04/2007
City Manager Wilson stated that this would be a discretionary action by the
Council.
Discussion ensued regarding projects normally covered by School of the Month
funds-that they are normally small projects such as curb and sidewalk repairs,
lights that are out, damage to stop signs, etc.-that other larger projects would
be covered under the CIP.
Council Member/Commissioner Johnson requested a report covering the last
four years of School of the Month expenditures and the names of the schools
where the funds were utilized.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2006/07 budget by transferring $50,000 from Account No. 126-
369-5504-7322 (SS04-36) "E" Street Bus Stop Relocation" and $15,000 from
Account No. 126-369-5504-7359 (SS-G) "School of the Month" to Account No.
126-369-5504-7581 (SS06-01) "4'" Street cul-de-sac at Mt. Vernon Avenue; and
that said resolution be adopted.
The motion carried and Resolution No. 2007-182 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. Resolutions authorizing and directing the execution of Funding and
Mitigation Agreements - Verdemont Fire Station (Industrial Parkway,
LLC; SP University, LLC; and Delgado Developers, Inc.)
RES. 2007-174 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Funding and Mitigation Agreement with SP
University DC, LLC for that certain real property generally located on the
northeasterly side of Industrial Parkway, southeasterly of Palm Avenue,
relative to the Verdemont Fire Station Impact Mitigation Fees. (l5A)
RES. 2007-175 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Funding and Mitigation Agreement with
Industrial Parkway, LLC for that certain real property generally located on
the southwesterly side of Indnstrial Parkway, southeasterly of Palm
Avenue, relative to the Verdemont Fire Station Impact Mitigation Fees.
(15B)
8
06/04/2007
RES. 2007-176 - Resolution of the City of San Bernardino authorizing and
directing the execution of a Funding and Mitigation Agreement with
Delgado Developers, Inc., for that certain real property generally located on
the easterly side of Olive Avenue, southerly of Belmont Avenue (Tentative
Tract No. 17396), relative to the Verdemont Fire Station Impact Mitigation
Fees. (ISC)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolutions A-C, be adopted.
Resolution Nos. 2007-174, 2007-175 and 2007-176 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
16. Item Deleted
17. RES. 2007-177 - 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, with four one-year renewal options, to NAES, dba
Amtech Elevator Services for elevator and escalator maintenance service at
City buildings in the City of San Bernardino.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-177 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. Authorize the City Manager to execute Change Order No. One to the
contract with JM Builders, Inc. for changes in the scope of work on Perris
Hill Senior Center expansion
Council Member/Commissioner Baxter asked whether this project was on
schedule, and City Manager Wilson stated that he would have to verifY that
information and get back with Mr. Baxter.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the City Manager be authorized to execute
Change Order No. One to the contract with JM Builders, Inc., for changes in
the scope of work at Perris HilI Senior Center Expansion in the amount of
$12,821.
9
06/04/2007
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
19. RES. 2007-183 - 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 LeMay Construction Co. for the
Boys & Girls Club racquetball court renovations in the City of San
Bernardino per RFQ F-07-28.
Council Member/Commissioner Johnson stated that as a member of the Board
of Directors of the Boys and Girls Club he would abstain on this item.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-183 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley,
McCarnmack. Nays: None. Abstentions: Council Member/Commissioner
Johnson. Absent: None.
20. RES. 2007-178 - Resolution of the Mayor and Common Council of the City
of San Beruardino authorizing the City Manager to execute a contract
between the South Coast Air Quality Management District and the City of
San Beruardino for the receipt of grant funds in the amount of $164,481 for
the construction of the LNG/LCNG Fueling Station at the City Corporate
Yard.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-178 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCarnmack. Nays: None. Absent: None.
21. RES. 2007-179 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting a Standard Agreement to be used for gaining
the permission of parcel owners to enter their property for the purposes of
conducting prescribed and/or structural training burns.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
10
06/04/2007
Resolution No. 2007-179 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. Status report relative to Request for Proposals for Health Insurance
City Attorney Penman advised that the Council had requested a report on health,
property, and liability insurance, so they could discuss these matters. He stated
that the staff report did talk about health insurance, and did mention property;
however, there was no mention of liability. He pointed out that the staff report
recommended that the bid process for property insurance be initiated during
fiscal year 2007/2008, with implementation in July 2008.
City Manager Wilson advised that what the staff report attempted to say was
that staff would issue an RFP for health insurance, which would go out today.
They were not recommending that they do this for property and liability because
of the timeframe issues-that the City's renewals occur on July I, and staff is
suggesting that an RFP be issued following this fiscal year for property and
liability insurance.
Council Member/Commissioner McCammack stated that she was concerned
because the backup materials stated that staff would actually be mailing packets
to only four different brokers. She stated that she could not imagine that there
were only four brokers nationally that handle public sector health insurance
services, so she was concerned as to why staff was mailing packets to only four
potential bidders.
City Manager Wilson stated that he believed these were the four major brokers
for public agencies that were given to our Human Resources Department, but
they are not the only four that will get the RFP-staff will mail it out to
everyone that they can. He stated that these were the four that were identified,
but that is not to say that the list could not be expanded to include others.
Council Member/Commissioner McCammack stated that she believed it was
prudent that the Council insist that the RFP go out to as many bidders as
possible.
Mayor/Chairman Morris verified that Ms. McCammack wanted the motion to
include language stating that the packets would be distributed as broadly as
possible.
Ms. McCammack noted that there had also been discussion about property and
liability insurance, and if the City's broker was aware that the City was going
out for bid for property and liability, then maybe they would become more
competitive on health insurance, since it is the same broker. She stated that she
11
06/04/2007
would also like the motion to state that staff intends to go out for bid for
property and liability insurance also.
Following additional discussion, it was agreed that the RFP for property and
liability insurance would go out no later than September I, 2007.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner McCammack, that the report be received and filed; that
the RFP for health insurance go out to as many bidders as possible; and that the
RFP for property and liability be issued no later than September 1, 2007.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
23. RES. 2007-180 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a contract with
the County of San Bernardino Department of Aging and Adult Services
(DAAS) to receive funding in the amount of $259,129 to provide senior
nutrition services for the period of July 1, 2007 through June 30, 2008.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-180 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. Resolutions authorizing the City Manager to execute two lease agreements
between the City of San Bernardino and Omnipoint Communications Inc.
for two cell towers at Colony and Wildwood Parks.
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Lease Agreement
between the City of San Bernardino and Omnipoint Communications Inc.
for the lease of three hundred and ten (310) square feet of land at Colony
Park, 153 E. Harwick Drive. (24A)
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Lease Agreement
between the City of San Bernardino and Omnipoint Communications Inc.
for the lease of one thousand square feet (1000) of land at Wildwood Park,
536 E. 40th Street. (24B)
12
06/04/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to June 18, 2007.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,-
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
25. RES. 2007-181 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement and purchase
order to Crest Chevrolet of San Bernardino pursuant to Section 3.04.010 B-
3 of the Municipal Code for the purchase of one (1) Vactor 2110 RCS Jet
Rodder truck to be utilized by the Public Services Department Street
Division Sewer Crew.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member, Commissioner Johnson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2006/07 budget by
transferring $401,000 from the unappropriated Sewer Line Maintenance Fund
balance and transfer into Account No. 132-431-5701 Motor Vehicles.
The motion carried and Resolution No. 2007-181 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
26. Reclassify Code Compliance Officer I to Code Compliance Officer II
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
reclassify two (2) Code Compliance Officer I positions, Range 1384, $3,013-
$3,663/month to Code Compliance Officer II, Range 1412, $3,465-
$4,212/month; and that the Human Resources Department be directed to update
Resolution No. 97-244.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
27. Reclassify Administrative Analyst I to Administrative Analyst II - Council
Office
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
reclassify one (I) Administrative Analyst I position, Range 4442, $4,024-
$4,893/month to Administrative Analyst II, Range 4461, $4,424-$5,378/month;
13
06/04/2007
and that the Director of Human Resources be authorized to update Resolution
Nos. 97-244 and 6413.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
28. Deliberations regarding an increase to the Verdemont Infrastructure Fee
City Manager Wilson advised that the current fee has been in place over 17
years and was put in place initially to fund infrastructure needs in the
Verdemont area. He noted that the study that was done identified a series of
capital improvements that are needed to facilitate development in the area, and
that study recommends a new fee structure depending on where the home or
business is located, ranging from $3,800 per unit to $16,000 per unit. He stated
that because of the complexity of the fee and a related issue involving a loan
made by the Agency and how that interrelates, he was suggesting that the matter
be referred back to the Ways and Means Committee for further deliberation.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that staff be directed to prepare the appropriate
ordinance to implement the increase to the Verdemont Infrastructure Fee; and
that the matter be referred to the Ways and Means Committee for further
deliberation.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack.
,
Nays: None. Absent: Council Member/Commissioner Derry.
29. RES. 2007-184 - Resolution of the City of San Bernardino authorizing and
directing execution of a License and Agreement with JKS-MarshaII Plaza
LLC, a Delaware Limited Liability Company for encroachment of an
overhanging fa~de and appurtenances in the right-of-way of a public alley
located south of Second Street and west of "G" Street. (Continued from
May 21, 2007)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-184 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner Derry.
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06/04/2007
30. An Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 8.82.010 of Chapter 8.82 regarding recovery of
expenses for extraordinary law enforcement services. FIRST READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for fmal
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner Derry.
31. Council review - proposed additional focus areas for possible expansion of
the Operation Phoenix Neighborhood Initiative
Jim Morris, Mayor's Chief of Staff, provided a detailed review of the staff
report. He advised that in March 2007 officials from the City, County, and
California State University San Bernardino had provided a status report to the
Mayor and Council regarding the initial months of the Operation Phoenix crime-
fighting strategy launched by the Mayor in June 2006.
He stated that at the conclusion of the status report it was noted that the
selection of the initial focus area had been driven by data collected from the
Police Department, Code Compliance, County Social Services, and the school
district; and it was recommended that any expansion of the program should
follow a similar data driven process, thereby allowing the City to continue its
collaboration with the schools and the County because the data would support
their involvement in the additional focus areas.
Mr. Morris added that they also noted that Operation Phoenix was not intended
to be a "one size fits all" strategy, and that any additional focus areas or
expanded focus areas should have tailored strategies to deal with the underlying
problems that are contributing to the crime in that particular area. Therefore,
for the past several months the Mayor's office has been working with City staff
and County staff to review the crime data across the city and determine the areas
which have the highest Part I crimes. They geographically mapped the Part I
crime data based on precinct reporting data and individual crime locations.
They also cross-referenced that information with County Social Service data;
and had asked Code Compliance and Parks and Recreation to survey these areas
to see if they concurred (which they did) that these were areas that need focused
attention from those departments.
Mr. Morris advised that as a result of that data, they identified five potential
focus areas for the Operation Phoenix Neighborhood Initiative. He pointed out
that they did not identify specific boundaries because they wanted to bring to the
15
06/04/2007
---I
Council a general opportunity to look at where the data was telling City and
County staff that they need to be. He stated that if the Council agreed that they
need to focus on these areas, they would then work with their partners to
develop a series of strategies for these focus areas.
He noted that the Council members had been given a map of the city that
identifies and pinpoints, with one-mile radiuses, the general area where the
concentration of the crime problem has been determined to be. That will then
drive the strategizing that will take place by staff to develop the crime solving
strategies that will be brought back to the Council for their review and approval.
Police Chief Billdt identified the five additional focus areas with a high number
of Part I crimes (murder, rape, robbery, aggravated assault, burglary, grand
theft auto, theft) as follows:
· Area 1 - Meridian A venue and Mill Street - large number of Part I
crimes - mainly property crimes committed primarily by high school
students
· Area 2 - 16"' Street and California Street (California Gardens and Little
Zion Manor) - fewer Part I crimes than Area 1; however, just on fringes
of area there were four murders - one of two areas with highest
concentration of murder - high gang activity
· Area 3 - Sepulveda north of 40"' Street - 82 Part I crimes in the
immediate area, but beyond the focus area, many individuals with
lifestyles that contribute to nearby residents being prone to crime - area
heavily invested in apartment houses
· Area 4 - Del Rosa, Date, and Pumalo Streets - a total of 430 Part I
crimes in the area - no murders, but high incidence of property crimes,
robberies, and aggravated assaults - several County pockets in the area
· Area 5 - Waterman and Base Line - a westward expansion of the current
Operation Phoenix area - on the outside fringes of the current Phoenix
area there have been four murders.
Council Member/Commissioner McCanunack wanted residents to know that
there is no place safe in San Bernardino for the kind of activity that is taking
place in these focus areas; and even if they don't live within the focus circle,
they are under the watchful eye of a large police presence.
Council Member/Commissioner Estrada said that it was harder to understand
the concept of focus areas with a one-mile radius versus a 20-block Operation
Phoenix area, relative to determining current crime statistics. She noted that
with these new focus areas they are talking in more general terms as opposed to
more specific terms in the first Operation Phoenix, which makes it more
difficult to understand whether they are being strategic, because in some of
these areas there are actually some good neighborhoods and good blocks.
16
06/04/2007
Jim Morris explained that when they bring a set of strategies back to the
Council, those strategies will be focusing on those problematic areas within the
one-mile radius of the focus areas.
Council Member/Commissioner McCarnmack thanked the Mayor for expanding
the Operation Phoenix program, stating that the realization that Operation
Phoenix is not "one size fits all" and that it will be customized with the areas we
are dealing with, will go a long way in telling the folks in those areas that we
will not tolerate crime.
Council Member/Commissioner Johnson asked whether other areas of the City
would experience reduced levels of police service as the City strategically
targets these new focus areas.
Chief Billdt pointed out that they have Problem Oriented Policing teams, as well
as area detectives and supervisors in each of the district commands that will
focus on the target areas. In addition, they will also use other centralized
resources to focus on these areas. However, beyond that, they still have their
Beat Plan and Crime Impact Teams, and one of the reasons it was nice to report
that the department is two police officer positions overfilled is that the plan is
coming together-the three-year plan to get their resources-and they have been
using the Crime Impact Teams on overtime to fill in until they got these
resources onboard.
He stated that there can be a spillover of crime, but he did not think that crime
would go up dramatically in other areas. He stated that he believed the Beat
Plan and the Crime Impact Teams will focus on those areas based on the crime
analysis information that they receive on an ongoing basis.
Council Member/Commissioner Brinker noted that the five focus areas represent
about one thousand Part I crimes in our City over the last 11 months. He noted
that last year we had about 11,000 Part I crimes, so this is almost 10 percent of
the city's crime in these five areas, which he believed was a pretty significant
amount.
He stated that when the team looks at the various data, that they will look at two
areas. First, he hoped they would go to the school districts, both Rialto and San
Bernardino, and ask them for a pinpoint map of where their habitually truant
students live. The second data he would like the team to look at is graffiti, and
talk to Los Padrinos and develop some sort of pinpoint map of where our
graffiti calls are corning from. He stated that he believes there is a connection
between quality of life crimes and Part I crimes, and although your average
citizen hasn't been affected by the Part I crimes, they are affected by the graffiti
and some of these other things; and often their sense of crime in the city is
based on their perception of seeing things such as graffiti in their community.
17
06/04/2007
Council Member/Conunissioner Baxter asked if it was safe to say that a lot of
these Part I crime areas go part and parcel with the graffiti and the truancy?
Chief Billdt stated that each of these areas have specific underlying issues that
cause crime to occur there. For example, in Focus Area I, which is Council
Member Brinker's ward, much of the crime there is conunitted by truant
students, so it makes sense to have a strategy there that involves truants. In
Focus Area 2, there is an underlying gang culture and the violence that is the
outcome of that, so it makes good sense to focus there based on the underlying
crime issues. He advised that in every one of these areas they are going to
come back, with the Council's approval, and develop strategies specific to those
geographic areas. He stated that it will be general strategies because it would
not be prudent to release publicly specific law enforcement strategies because
we want to go out and arrest some of these people that are doing bad things in
these neighborhoods.
Council Member/Conunissioner Kelley stated that he wanted his residents to
understand that just because there wasn't a focus area in the Fifth Ward, didn't
necessarily mean that some of the crime problems that they have experienced
haven't come from one of the focus areas-so the root of the problem is going
to be addressed. He thanked staff for the fine presentation, noting that these
lines are not ward specific-they are citywide and the issues would be addressed
citywide.
Council Member/Conunissioner Derry stated that with the demonstrated success
of Operation Phoenix, he thought this was a good second step. He stated that he
also thought it was important to include the original Operation Phoenix area in
the 51b Focus Area because it still needs the support and resources, as well as the
visibility of police and City and County staff to be successful ongoing.
He stated that the people from the Wildwood Neighborhood Association have
made staff very aware of the issues going on in that area, which is right next to
Sierra Way and 401b Street; and as far as the north end of the city is concerned,
it is probably the source of most of the crime in the north areas of both the
Fourth and Fifth Wards. He stated that he felt the proposed plan would provide
an excellent opportunity for us to truly drive crime down in the city.
Tierney Harris, 2025 Sunrise Lane, San Bernardino, CA, stated that she was in
total and complete support of the expansion of Operation Phoenix throughout the
city, and that she looks forward to working to make her area safer and to
offering any assistance she can to make things better for all in her
neighborhood.
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06/04/2007
Council Member/Commissioner McCammack asked whether the Mayor and
Police Chief would be willing to accept input from the Council members
regarding the use of nonprofits in the area that could help keep the kids where
they need to be after school, for instance. She stated that some of the areas
have some little known nonprofits that the Council members might know about
that might be of some positive value-that maybe some could be funded with
some extra CDBG monies. She stated that she thought this was a good
opportunity to start involving the whole community and getting everybody to
come out and raise their hand and say, "I'd like to help." She stated that she
would be willing to offer any help or compensation or whatever to make each
focus area work with whatever resources each one has.
Jim Morris stated that should this motion be approved, they are going to be
coming back to the Council with a set of recommendations, and the key to
implementing these recommendations would be input regarding the assets they
can leverage in those focus areas; therefore, any and all input is very much
appreciated as they do that process. Also, in addition to the strategies, they will
be bringing to the Council a budget, as implementation of the strategies will
reguire some resources.
He stated that their goal is to be as efficient and economical as possible and to
leverage additional resources. That's why they are looking for partner
agencies-nonprofits and other governmental agencies; and as they have done in
the initial focus area, private resources from people of goodwill who see this as
a good endeavor. He stated that they know they are taking a risk by suggesting
that they look at five focus areas; and he couldn't tell the Council whether they
will have the budget to do what we would love to do in all five areas.
Hopefully, they will have enough to do something.
He noted that if they had put the top ten focus areas before the Council, which
they had initially started out with, there would be a focus area in every single
ward throughout the city-several in some wards. He stated that it really boils
down to a matter of resources-what can they afford to do at this point with our
budget and how can they leverage resources from the community. He stated
that the Police Chief had a comment about the Weed and Seed grant application
which he has submitted and is another source that they are looking to for
additional resources.
Mayor/Chairman Morris stated that he had asked the Chief and his team to look
for all available grants. He noted that they have been working with the federal
government-that the attorney general has named us as one of the recipient
cities for an ATF team that will arrive here this sununer to assist us, but we
have also moved ahead with a major grant application on Weed and Seed that
will come back to the Council.
19
06/04/2007
Chief Billdt explained that the Weed and Seed grant process had changed
significantly this year, and they had to submit a letter of intent by May 31,
which they have done. He stated that he believed the application would be due
in August, and they would come back to the Council and go to committee and
seek the Council's approval.
The Chief noted that the grant would total one million dollars-that it was a
good and important opportunity as they try to amass resources to address as
many of the focus areas as possible.
Council Member/Commissioner Johnson stated that he appreciated the way they
had nailed it down to the five focus areas; however, he would like to see the top
ten.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that the Mayor and Common Council approve
in concept the five focus areas for expansion of the Operation Phoenix
Neighborhood Initiative, and direct City staff to work with the County and
school officials to bring back for Council review, recommended crime-fighting
strategies for each focus area, including a draft budget for implementation of the
strategies.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCammack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris, Council Members/Commissioners Estrada,
Baxter, Brinker, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney
Calkins, Economic Development Agency Executive Director Pacheco and Special
Counsel Sabo, City Clerk Clark. Absent: None.
R32. Ordinances approving and adopting an Eminent Domain Program for all
Redevelopment Project Areas
20
06/04/2007
Ordinance of the City of San Bernardino approving and adopting an
Eminent Domain Program in compliance with the California Community
Redevelopment Law for State College Redevelopment Project Area;
Merged Central City/Meadowbrook Redevelopment Project Area; Central
City North Redevelopment Project Area; Central City South
Redevelopment Project Area; Central City East Redevelopment Project
Area; Mt. Vernon Corridor Redevelopment Project Area; 40th Street
Redevelopment Project Area; Central City West Redevelopment Project
Area; Southeast Industrial Park Redevelopment Project Area; Northwest
Redevelopment Project Area; Tri-City Redevelopment Project Area; and
South Valle Redevelopment Project Area. FIRST READING (R32A)
Ordinance of the City of San Bernardino approving and adopting an
Eminent Domain Program in compliance with the California Community
Redevelopment Law for Uptown Redevelopment Project Area. FIRST
READING (R32B)
Council Member/Commissioner McCamrnack advised that she would abstain
on item R32B because she owns property in the area. She left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada. that said ordinance A, be laid over for final
adoption.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCamrnack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance B, be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCamrnack. Absent:
None.
R33. Single-Family Beautification Loan/Grant and Homebuyer Education
Programs with Neighborhood Housing Services of the Inland Empire, Inc.;
Agency Homebuyer Assistance Program
21
06/04/2007
RES. CDC/2OO7-13 - 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 enter into a new 3-year HOME Agreement
(2007-2010 HOME Funds), subject to annual funding availability, by and
between the Agency and Neighborhood Housing Services of the Inland
Empire, Inc. ("NHSIE"). (R33A)
RES. CDC/2007-14 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Amendment No. 1 to the Agency's
Single-Family Beautification Loan/Grant and Mobile Home Grant
Programs Agreement by and between the Agency and Neighborhood
Housing Services of the Inland Empire, Inc. ("NHSIE") dated February 7,
2005. (R33B)
Council Member/Commissioner McCammack stated that she would abstain
because Neighborhood Housing Services is a client. She left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Community Development Commission
of the City of San Bernardino approve a programmatic change to the
Homebuyer Assistance Program increasing the amount of down payment
assistance for eligible homebuyers, as deemed necessary by the Agency
Executive Director; and that said resolutions A&B, be adopted.
The motion carried and Resolution Nos. CDC/2007-13 and CDC/2007-14 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Baxter, Brinker, Derry, Kelley, Johnson. Nays: None. Abstentions:
Council Member/Commissioner McCammack. Absent: None.
R34. Redevelopment Cooperation Agreement with Inland Valley Development
Agency; Owner Participation Agreement with ICO Real Estate Group (dba
Perris Campus Plaza, LLC) and Findings of Fact related to Health and
Safety Code Section 33445 (Tippecanoe Avenue - IVDA Redevelopment
Project Area)
22
06/04/2007
RES. 2007-185 - Resolution of the Mayor and Common Council of the City
of San Bernardino making certain fmdings and determinations and
consenting to payments for public improvements by the Redevelopment
Agency of the City of San Bernardino ("Agency") related to the property
at 678 South Tippecanoe Avenue ("Site") pursuant to the 2007 Property
Owner Participation Agreement by and between the Agency and Perris
Campus Plaza, LLC Project (lVDA Redevelopment Project Area). (R34A)
RES. CDC/2007-15 - 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 (1) a Redevelopment Cooperation
Agreement by and between the Agency and Inland Valley Development
Agency ("IVDA") and (2) a 2007 Property Owner Participation Agreement
("OPA") by and between the Agency and Perris Campns Plaza, LLC,
Project for the development of 678 South Tippecanoe Avenue (the "Site")
(lVDA Redevelopment Project Area). (R34B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolutions A&B, be
adopted.
Mayor and Common Council Resolution No. 2007-185 and Community
Development Commission Resolution No. CDC/2007-15 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Baxter,
Brinker, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
PLANNING
35. Public hearing - Conditional Use Permit No. 06-24 (Appeal No. 07-02) - an
appeal of a Planning Commission approval of additional antennas and
equipment at an existing communication tower site, with a requirement to
replace the existing non-stealth monopole tower with a mono pine - project
site is located at 1093 West SU' Street in the CH, Commercial Heavy, land
use district (Continued from May 21,2007)
The hearing remained open.
Henry Empeiio, Deputy City Attorney, advised that the Council had been given
a copy of a memo dated June I, 2007, from Terri Rahhal, City PlannerlDeputy
Director, memorializing a meeting that he attended along with the attorney for
the appellant and the appellant's representatives last week.
23
06/04/2007
He stated that basically all parties had agreed that the conditions would be
modified with deletion of the conditions requiring the monopine upgrade; and
the addition of a condition requiring landscaping and that an irrigation system
would be installed and maintained along with the landscaping. He stated that his
recommendation would be that the Council approve the recommended form
motion with the following language added to the end of the last sentence, "as
stated in Terri Rahhal's memo to the Mayor and Council dated June 1,2007."
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that the Mayor
and Common Council deny Appeal No. 07-02 and uphold the Planning
Commission's approval of Conditional Use Permit No. 06-24, subject to revised
conditions of approval, as stated in the memo to the Mayor and Common
Council dated June I, 2007, from Terri Rahhal, Deputy Director/City Planner.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCarnmack. Nays: None. Absent: None.
Ayes:
Derry ,
Council Members/
Kelley, Johnson,
36. Request the Fire Chief to compile appropriate documentation regarding
potential fee waivers for non-profit senior citizen apartment complexes
Council Member/Commissioner McCarnmack stated that she was requesting that
her colleagues allow the City Manager and the Fire Chief to review the City's
multi-family inspection fee program, since the fees themselves have become
quite burdensome to the nonprofit senior citizen complexes-specifically those
that have 80 percent or more senior occupancy. She stated that she was simply
asking that the Council see if there is a way to either lower the fees on those
particular complexes, as they do for other nonprofit organizations throughout
the City, or maybe it would mean that they need to increase the fees for the
noncompliant apartment complex owners.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Johnson, that the Fire Chief report back to the
Council within 30 days with appropriate documentation, the financial impact of
waiving these burdensome inspection fees for the first and follow-up inspections
for non-profit apartment complexes housing 80% or more senior citizens.
The motion carried by the following vote:
Commissioners Estrada, Baxter, Brinker,
McCarnmack. Nays: None. Absent: None.
Ayes:
Derry,
Council Members/
Kelley, Johnson,
24
06/04/2007
37. Public Comments
Debra Matley, 380 West 17" Street, San Bernardino, CA, announced that the
next DMV Neighborhood Association meeting would be held Tuesday, June 5,
at 6:30 p.m. at St. John's Episcopal Church, 1407 North Arrowhead. Also, on
Saturday, June 9, the DMV Neighborhood Association is hosting a community
beautification day from 8:00 a.m. to 11:30 a.m., also at St. John's. She stated
that all trash would be accepted except hazardous material, and proof of
residency would be required.
The following individuals spoke regarding their concerns relative to County
work/activity above 40" Street in the area of the Twin Creeks Flood Control
Basin, which is creating dust, noise, street damage, etc.:
Valerie Lichtman, 860 E. Bernard Way, San Bernardino, CA;
Elliott Graham, 699 E. 40" Street, San Bernardino, CA, who also submitted a
letter dated June 1, 2007, addressed to Supervisor Dennis Hansberger;
Eli Jaffe, 795 E. Sonora, San Bernardino, CA;
Linda Daniels, 800 E. Marshall Boulevard, San Bernardino, CA.
Mayor/Chairman Morris advised that he had spoken with City Attorney Penman
regarding this issue and had called Supervisor Hansberger's office; however,
Mr. Hansberger was on vacation. He stated that it is important to expeditiously
get a handle on the problem, that the best recourse would be a political solution,
and that it is important to get the policymakers together and find a resolution to
the problem.
38. Adjournment
At 5:50 p.m., the meeting adjourned to 4:30 p.m., on Thursday, June 7, 2007,
in the Economic Development Agency Boardroom, 201 North "E" Street, for
budget deliberations. The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, June 18, 2007, in the Council Chambers of City Hall; 300 North "D"
Street, San Bernardino, California.
By:
RACHEL G. CLARK
l/)' J City Clerk
~~.W
Linda E. Hartzel
Deputy City Clerk
No. of Items: 38
No. of Hours: 4.5
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06/04/2007