HomeMy WebLinkAbout05-19-2008 MinutesSH
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
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCmmnack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 19, 2008
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 1:32 p.m., Monday, May 19, 2008, 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 Brinker, Derry, Johnson,
McCammack; City Attorney Penman, City Clerk Clark, City Manager Wilson.
Absent: Council Members/Commissioners Estrada, Baxter, Kelley.
Council Member/Commissioner Kelley Arrived
At 1:38 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):
People v. Manta Management Corp. - San Bernardino Superior Court
Case No. SCV 18157;
Richard "Scott" Moss, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 07-01027SGL (OPx);
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Mary Gomez v. So. Cal. Reg. Rail Auth., et al. - San Bernardino
Superior Court Case No. CIVSS 804560;
Nicholas Argy v. Christina Enid Johnson, et al. - San Bernardino
Superior Court Case No. CIVSS 708058;
Lydia Alexander v. City of San Bernardino, et al. - United States
District Court Case No. CV 07-08261AHM (PJWx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman advised that Council Member Kelley had requested that
the following item be discussed in closed session under Agenda Item No. 113,
Significant Exposure to Litigation:
Inland Communities Corp. v. City (Paradise Hills Issue)
City Attorney Penman announced that the following item had been discussed in
closed session:
People v. Owners of Francesco's Restaurant on Sierra Way
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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.
Moment of Silence
Mayor/Chairman Morris extended condolences to the families and requested a moment
of silence in memory of Kathleen Grove, who was an educator and co-founder of Grove
Colonial Mortuary, served as a past president of the Assistance League, and was
actively involved in the Uptown Business and Professional Women's Club, YWCA
Board of Directors, Zonta Club, Camp Fire Girls, and Emblem Club; and Elsa Ochoa-
Fernandez, longtime Director of International Programs at Cal State San Bernardino,
who, until her recent retirement, served as co -director of the university's International
Institute and in 2001 received the Edward S. Blankenship Award for advancing the
cause of international education.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David Starr of St. John's Episcopal Church,
followed by the pledge of allegiance, led by Justine Yglesia, a 5" grade student at
Ramona Alessandro School.
2. Appointments
• Jim Mulvihill - Historical Preservation Commission - Council Member
Estrada
• David Mlynarski - Board of Building Commissioners - Mayor Morris
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Kelley, that the appointments of Jim Mulvihill to the
Historical Preservation Commission and David Mlynarski to the Board of
Building Commissioners, as requested by Council Member/Commissioner
Estrada and Mayor/Chairman Morris, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
3. Proclamations & Presentations
Mayor Morris presented a proclamation designating the week of May 18-24,
2008, as Public Services Week in the City of San Bernardino to Ken Fischer,
Director of Public Services.
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4.
61
Mayor Morris and Valerie Ross, Director of Development Services, presented a
Resolution of Commendation to Dr. Floyd Williams, the City's consultant
geologist who has been trenching for earthquake fault zones for 25 to 30 years.
Maria Bucio, a student at Middle College High School at San Bernardino Valley
College, was recognized as Student of the Month and presented a certificate by
Council Member Brinker.
Council Member Brinker introduced Sonnia Wachuko of the National Orange
Show, who spoke a few words regarding the upcoming Citrus Festival.
Council Member Kelley presented Barbara Sky with a Citizen of the Month
award in recognition of her work with the Little League Baseball Challenger
Program —a program designed specifically for special needs children.
Mayor Morris recognized members of the Youth Advisory Commission, who
were in the audience after spending the morning touring various City
departments.
The following individuals were presented a service pin award by Mayor Morris
in recognition of their many years of dedicated service to the City:
Name
Ken Childress
David Stachowski
Glenn Baude
Ellen Lanto
Nick Gonzalez
David Dillon
Richard Hale
Ernest Lemos
David Rosas
Announcements
Department
Animal Control
City Attorney
Code Enforcement
Library
Mayor's Office
Police
Police
Police
Police
Years of Service
5
5
10
25
10
25
15
25
25
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.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Brinker 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.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
6. Council Minutes
Council Member/Commissioner Brinker 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 7,
2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
7. Claims & Payroll
Council Member/Commissioner Brinker 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 April 30,
2008, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
8. Personnel Actions
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Interim Chief Examiner, dated May 14, 2008 (Revised 5/15/08) 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 Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
9. ORD. MC-1270 - Ordinance of the City of San Bernardino amending San
Bernardino Municipal Code Section 9.92.020 relating to the Administrative
Law Officer for the Administrative Citation Process. FINAL READING
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Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted.
Ordinance No. MC-1270 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
10. ORD. MC-1271 - An Ordinance of the City of San Bernardino adding
Chapter 8.02 to the San Bernardino Municipal Code and adopting, by
reference, San Bernardino County Code Chapter 14 of Division 3 of Title 3,
relating to the inspection grading of food establishments. FINAL
READING
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be adopted.
Ordinance No. MC-1271 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
11. Set public hearing for Monday, June 2, 2008, at 4:00 p.m. in the City Hall
Council Chambers to discuss the adjustment of various user fees and the
establishment of new user fees
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that a public hearing be set for Monday, June
2, 2008, at 4:00 p.m., to discuss the adjustment of various user fees and the
establishment of new user fees.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
12. Adoption of a Mitigated Negative Declaration and Mitigation Monitoring/
Reporting Program for the demolition of an existing bridge on Old
Waterman Canyon Road and replacement with a new bridge, including
relocation of utilities (SS 07-14)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council
independently review, analyze, and exercise independent judgment in reviewing
the Initial Study and adopt the Mitigated Negative Declaration, and the
Mitigation Monitoring/Reporting Program for the demolition of an existing
bridge on Old Waterman Canyon Road and replacement with a new bridge,
including relocation of utilities (SS 07-14).
6 05/19/2008
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
13. RES. 2008-150 - Resolution of the City of San Bernardino establishing fair
market value and minimum sale price for a portion of certain City Water
Department owned parcel of real property generally located northerly of
Sepulveda Avenue, north of 50 Street, and setting a public hearing to
consider said sale.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to proceed with the sale of City Water Department property located
northerly of Sepulveda Avenue, north of 54' Street, and being a portion of APN
0154-011-80; and that said resolution be adopted.
The motion carried and Resolution No. 2008-150 was adopted by the following
vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Members/
Commissioners Estrada, Baxter.
14. RES. 2008-151 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving an agreement with the Planning Center for
consultant services to update the General Plan Housing Element.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-151 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
15. RES. 2008-152 - Resolution of the City of San Bernardino approving
Amendment No. 3 to Agreement for Professional Services with Ty Lin
International for the preparation of a project study report/project report
for the University Parkway/Interstate 215 interchange loop entrance ramp
project (SSO4-19).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-152 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
7 05/19/2008
16. Resolution of the City of San Bernardino amending Resolution No. 3985
entitled, in part, "A Resolution... prohibiting parking upon certain
designated streets, alleys, or portions thereof..." to establish no parking
between the hours of ten p.m. and six a.m. except by permit zones on
residential streets located within Tract Number 10260 (also known as the
Foothill Villas Estates).
Council Member/Commissioner Derry declared a conflict and left the dais,
stating that this resolution involved his neighborhood.
Assistant City Attorney Easland advised that this matter needed to be continued
and set for public hearing at the next meeting.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued and set
for a noticed public hearing on June 16, 2008, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Brinker, Kelley, Johnson, McCammack. Nays:
None. Abstentions: Council Member/Commissioner Derry. Absent: Council
Members/Commissioners Estrada, Baxter.
17. RES. 2008-153 - Resolution of the City of San Bernardino amending
Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking
upon certain designated streets, alleys, or portions thereof..." to establish a
no parking except by permit at any time zone on Northstar Street between
Northpark Boulevard and the end of Northstar Street south of Brighton
Court and on Brighton Court between Northstar Street and the end of
Brighton Court east of Northstar Street.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-153 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
18. Item Deleted
19. RES. 2008-154 - Resolution of the City of San Bernardino authorizing the
execution of the First Amendment to the Services Agreement with
MuniServices, LLC to add property tax services for the City of San
Bernardino.
8 05/19/2008
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-154 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
20. RES. 2008-155 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submission of the updated OES Form
130-designation of applicant's agent resolution to the State Office of
Emergency Services.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-155 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
21. Salary increases for Head Start Preschool Program and creation of the
position of Lead Teacher (new position)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council:
Increase the salary for the position of Teacher Director Head -Start from $17.04
per hour to $19.00 per hour, effective July 1, 2007; and
Create the classification of Lead Teacher Head -Start, $15.20 per hour, effective
July 1, 2007, and approve the attached job description; and
Increase the salary for the position of Teacher Head -Start from $14.60 per hour
to $14.82 per hour, effective July 1, 2007; and
Increase the salary for the position of Teacher Aide Head -Start from $9.91 per
hour to $10.06 per hour, effective July 1, 2007; and
Increase the salary for the position of Custodian Head -Start from $8.40 per hour
to $8.53 per hour, effective July 1, 2007; and
Increase the salary for the position of Administrative Clerk from $10.19 per
hour to $11.84 per hour, effective July 1, 2007; and
Authorize the Human Resources Department to update Resolution 2008-20 to
reflect the changes.
9 05/19/2008
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
22. Authorize the Director of Finance to amend the FY 07-08 CIP budget in
order to create Project Number 129-367-5504-7801 for 36t° Street, from
Mountain View to Arrowhead
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2007/08 CIP budget in order to create Project Number 129-367-
5504-7801 for 36' Street from Mt. View to Arrowhead and transfer $34,400
from Project Number 129-367-5504-7788 ("H" Street - 30" Street to Edgehill
Road) to Project Number 129-367-5504-7801 (36'" Street from Mt. View to
Arrowhead).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
23. RES. 2008-156 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order in the amount of $47,300 to Motorola Radio pursuant
to Section 3.04.010 B-3 of the Municipal Code for the purchase of 16 radios
to be utilized by the Integrated Waste Management Division and issuance of
a purchase order to the County of San Bernardino for the installation of the
radios.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the FY 2007/08 budget and transfer $35,900 from Account No. 527-412-
5803 (Lease Payments) to Account No. 527-412-5703 (Communications
Equipment) and $16,400 from Account No. 527-413-5803 (Lease Payments) to
Account No. 527-413-5703 (Communications Equipment); and that said
resolution be adopted.
The motion carried and Resolution No. 2008-156 was adopted by the following
vote: Ayes: Council Members/Commissioners Brinker, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Members/
Commissioners Estrada, Baxter.
10 05/19/2008
24. RES. 2008-157 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a purchase order in the amount of $300,000 to American Asphalt South,
Inc. for the Slurry Seal Program.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2008-157 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
25. Request for Civic & Promotion funding for the 2008 4' of July parade and
celebration at the Arrowhead Credit Union Park
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that Civic and Promotion funding in
the amount of $27,055 be authorized for the conduct of the 2008 4`h of July
parade, street fair and celebration at Arrowhead Credit Union Park.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
26. Inland Regional Center - request for waiver/refund of fees
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council refer the
request from the Inland Regional Center to the Redevelopment Committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
27. Ordinance of the City of San Bernardino amending San Bernardino
Municipal Code Section 5.20.040 relating to fees for massage parlors and
massage technicians operating within established beauty salons. FIRST
READING
Council Member/Commissioner McCammack requested that this matter be
continued to the next meeting.
11 05/19/2008
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of June 2, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
28. An Ordinance of the City of San Bernardino amending Section 5.04.015 of
the San Bernardino Municipal Code by adding Subsection "E" relating to
Business Registration Certificate Application processing fees. FIRST
READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said ordinance be laid over for
final adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
29. RES. 2008-159 - Resolution of the Mayor and Common Council of the City
of San Bernardino supporting H.R. 5818 and H.R. 5579 regarding housing
stabilization.
Rachel Brown and Lewis Whilden spoke in opposition to the resolution,
stating that it would only bail out the worst cases.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley. Nays: Council Member/Commissioner
Johnson. Abstentions: Council Member/Commissioner McCammack. Absent:
Council Members/Commissioners Estrada, Baxter.
Council Member/Commissioner McCammack changed her vote to an "aye" and
Resolution No. 2008-159 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, McCammack. Nays:
Council Member/Commissioner Johnson. Absent: Council Members/
Commissioners Estrada, Baxter.
30. Recommendation to refer action on proactive directed enforcement graffiti
sweeps to the Police Ad Hoc Committee
12 05/19/2008
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the matter of graffiti sweeps be referred to
the Police Ad Hoc Committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
31. RES. 2008-160 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the template letter of agreement in concept,
and authorizing the City Manager to execute a KABOOM! Outreach
Statement on behalf of the City of San Bernardino as required for
consideration for a community -build playground proposed for construction
at Delmann Heights Park.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. 2008-160 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
32. Appeal hearing regarding denial of fireworks stand application submitted
by Inland Terror Baseball
Mayor/Chairman Morris opened the hearing.
City Clerk Clark stated that Inland Terror Baseball had failed to meet the
prerequisites of Section 8.60.095(D) of the Municipal Code which states that
"failure by any licensee to pay the amount invoiced by the City's Finance
Department shall be cause to disqualify the licensee from obtaining a license to
sell fireworks in the City in the future."
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
James Scott that he would provide true and honest testimony.
James Scott, 111 Monroe Court, San Bernardino, CA, stated that he and his
wife had formed this organization 15 years ago to help youth, and currently 114
kids were part of their organization. He stated that the clerk was correct —they
had failed to follow the procedures; however, there was a series of events that
got them to this point.
He explained that this year they had changed vendors from T&T Blockbuster to
Phantom; and that T&T would normally send them a reminder letter to go and
pay their fees. However, this year they did not get the letter, and he didn't
13 05/19/2008
know that they were in arrears until Phantom came in to apply for their
application. He stated that they would like an opportunity to make amends —and
that they would certainly pay what they owe, even if they were not given an
opportunity to sell.
Cindy Buechter, Business Registration Supervisor, advised that there were five
stand openings at this point, and the department had four eligible applications;
therefore, if this appeal were upheld those four would automatically go in, there
would be no need for a drawing, and there would be one fireworks stand
vacancy. If the Council decided to let Inland Terror Baseball back in, then they
would have a full complement of 35 stands.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that the hearing be closed; and that the
appellant be allowed to pay the fee and penalties now owing of $1,645 by 10
a.m. Tuesday, May 20, 2008, and, if paid, be allowed to operate a fireworks
stand for 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
33. Public hearing - resolution approving the annexation, resolution calling a
special election and resolution certifying the results of an election relative to
Community Facilities District No. 1033, Annexation No. 6, for property
consisting of an industrial development located on the southwesterly side of
Industrial Parkway, southeasterly of Palm Avenue - Development Permit II
No. 07-17
RES. 2008-161 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, California, authorizing the annexation of territory
generally located between Industrial Parkway and Cajon Boulevard
southeasterly of Palm Avenue (Annexation No. 6) to Community Facilities
District No. 1033 and authorizing the levy of a special tax and submitting
the levy of tax to the qualified electors. (33A)
RES. 2008-162 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, California, calling a special election and submitting
to the voters of Annexation No. 6 of City of San Bernardino Community
Facilities District No. 1033 propositions regarding the annual levy of special
taxes within Annexation No. 6 and the establishment of an appropriations
limit. (33B)
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RES. 2008-163 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, California, making certain findings, certifying the
results of an election and adding property to Community Facilities District
No. 1033, Annexation No. 6. (33C)
Mayor/Chairman Morris opened the hearing.
City Manager Wilson explained that this hearing was a requirement the City
must go through to formally include this property in Community Facilities
District No. 1033.
Mayor/Chairman Morris stated that a majority protest had not been filed and
asked for a motion to approve Resolutions A and B.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolutions A and B, be
adopted.
Resolution Nos. 2008-161 and 2008-162 were adopted by the following vote:
Ayes: Council Members/Commissioners Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Members/Commissioners
Estrada, Baxter.
Mayor/Chairman Morris asked for public comments.
No public comments were received.
Mayor/Chairman Morris closed the hearing and asked the City Clerk to tabulate
the election results.
City Clerk Clark advised that one ballot representing three votes had been
received and the vote was in favor of Proposition A and Proposition B.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution C, be adopted.
Resolution No. 2008-163 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
34. Request for continuance for Tentative Tract No. 14112 - located
northeasterly of the intersection of Foothill Drive and Sterling Avenue
(Continued from November 19, 2007)
15 05/19/2008
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, 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 November 17, 2008.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Morris; Council Members/Commissioners Brinker,
Derry, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development
Agency Interim Executive Director Marzullo and Special Counsel Sabo, City Clerk
Clark. Absent: Council Members/Commissioners Estrada, Baxter.
R35. Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to
execute a Loan Guarantee Agreement to Arrowhead Credit Union and to
accept the Loan Guarantee from Center Chevrolet and its principals to the
Agency (Central City South Redevelopment Project Area). (Continued from
May 5, 2008)
Note: No backup materials were distributed.
Agency Interim Executive Director Marzullo advised that this item had been
continued pending the approval or disapproval by the Arrowhead Credit Union
Board of Directors. He stated that the credit union board had failed to put a
loan package together; therefore, there was no loan to back up or guarantee, and
his recommendation would be to table this matter.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Members/Commissioners Estrada, Baxter, Brinker.
16 05/19/2008
R36. RES. CDC/2008-17 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute Amendment No. 1 to the Redevelopment
Project Study and Exclusive Right to Negotiate Agreement by and between
the Agency and HopRock 2 Verdemont, LLC (Verdemont Heights Towne
Center).
Council Member/Commissioner Kelley stated that he would only be comfortable
approving this item for a one-year extension.
Interim Executive Director Marzullo stated that he would notify the appropriate
parties of this stipulation.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2008-17 was adopted by the following vote: Ayes:
Council Members/Commissioners Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Members/Commissioners
Estrada, Baxter.
R37. RES. CDC/2008-18 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Interim Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Demolition Contract by and between
the Agency and Dakeno, Inc., for the demolition of Agency properties
located at 673, 723-739 and 701 West 51h Street, San Bernardino (Downtown
Mixed -Use Project - Central City North Redevelopment Project Area).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2008-18 was adopted by the following vote: Ayes:
Council Members/Commissioners Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Members/Commissioners
Estrada, Baxter.
38. Public Comments
Note: Public comments were inaudible to the recording deputy city clerk.
Victor Bell, Mirora Group Home, 6574 Mirna Avenue, San Bernardino, CA,
spoke regarding a letter of support for his residential facility.
17 05/19/2008
Mayor/Chairman Morris advised Mr. Bell that group homes fall under the
jurisdiction of the County, advised him to contact the Department of Behavioral
Health, and offered the services of Kent Paxton of his staff to help Mr. Bell
make the proper contacts.
Betty Jean Long, 869 North "F" Street, San Bernardino, CA. (This speaker's
comments were inaudible to the recording deputy city clerk.)
NB1. RES. 2008-164 - Resolution of the Mayor and Common Council of the City
of San Bernardino respectfully requesting the State Bar of California to
dismiss Case Number 08-0-10457 against San Bernardino City Attorney
James F. Penman.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the matter arose subsequent to the
posting of the agenda.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Brinker, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Members/Commissioners Estrada, Baxter.
City Clerk Clark read the title of the resolution into the record.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that full reading of the resolution be
waived and that said resolution be adopted.
Resolution No. 2008-164 was adopted by the following vote: Ayes: Council
Members/Commissioners Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Members/Commissioners Estrada, Baxter.
39. Adjournment
At 5:44 p.m, the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, June 2, 2008, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By: ? Ab&
Linda E. Hartzel
Deputy City Clerk
18 05/19/2008