HomeMy WebLinkAbout06-06-2011 MinutesCITY OF SAN BERNARDINO
300 N. "D" Street
San Bernardino, CA 92418
Website: www.sbcity.org
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Mayor Patrick J. Morris
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Vacant
Tobin Brinker
Fred Shorett
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 6, 2011
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by Mayor/
Chairman Morris at 1:36 p.m., Monday, June 6, 2011, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Present: Mayor/Chairman Morris; Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; City Attorney Penman;
City Manager McNeely; City Clerk Clark.
Absent: None.
Vacant: Second Ward.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Janora Allen v. City of San Bernardino, et al. - United States District
Court, Case No. CV09-1388 JLQ (JCx);
06/06/2011
Brown, James J. v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. CIVDS 1007751;
Justin Ryan Golding v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. CIVSS 700791;
Landmark American Insurance Company, an Oklahoma corporation v.
City of San Bernardino - San Bernardino County Superior Court, Case
No. CIVDS 1015159;
San Bernardino City Professional Firefighters, Local 891, Nathan Lopez
v. City of San Bernardino, et al. - United States District Court, Case
No. CV 10-01779 PSG (DTBx);
Willie Mason, Sr. v. City of San Bernardino, et al. - United States
District Court, Case No. EDCVIO-00504 VAP (OPx);
Mejia, Maria D., et al. v. City of San Bernardino, et al. - United States
District Court, Case No. USDCEDCV 11-00452 VAP (DTBx);
Adrian Moore v. City of San Bernardino, et al. - United States District
Court, Case No. CV 01-03065;
Parker, Donnavan v. City of San Bernardino, et al. - San Bernardino
Superior Court, Case No. CIVDS 1013471;
People of the State of California, by and through James F. Penman, City
Attorney of the City of San Bernardino v. Margaret Sherman, Michael
Sherman, Rajae Zarour, and CCI Club SB LLP - San Bernardino
Superior Court, Case No. CIVDS 917881;
Michael Anthony Rey, by and through his Guardian Ad Litem, Christy
Luna, vs. City of San Bernardino, Michael Billdt, Sgt. R. Topping,
Officer Chris Gray, Officer J. Simpson, Officer C. Dai, and Does I
through 50, Inclusive - San Bernardino Superior Court, Case No.
CIVDS 1009578;
Paul Triplett v. City of San Bernardino, Chief Michael Billdt, Officer
Christopher Gray, and Officer Jason King - United States District Court,
Case No. CV-08-07257JHN (AJWx).
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:
James Kemp v. City of San Bernardino
06/06/2011
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:
General Unit
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. IA, pending litigation:
Hector Briones, et al. v. City of San Bernardino - United States District
Court, Case No. CV 10-7571;
Under Agenda Item No. 113, threat of litigation:
In re Rene Jacober
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
A moment of silence was observed in memory of Ida N. Roberson.
Invocation/Pledge of Allegiance
The invocation was given by Sister Maureen Chicoine of Our Lady of Hope Catholic
Church. The pledge of allegiance was led by Isaiah Jackson, a third grade student from
Mt. Vernon Elementary School.
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2. Re -Appointments
A. Robert Hampton - Mobile Home Board - Mayor Morris
B. Richard Haug - Mobile Home Board - Mayor Morris
C. Sandra Kurkoske- Mobile Home Board - Mayor Morris
D. Steven Oquendo - Mobile Home Board - Mayor Morris
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the re -appointments A -D, as requested by
Mayor Morris, be approved. The motion carried with Kelley absent.
3. Proclamations and Presentations
Recipients of the Police Department's 2011 Awards were announced by
Lieutenant Rich Lawhead with presentations made in the following categories:
Police Cross, Police Star of Merit, Chief's Commendation, Life Saving Medal,
Meritorious Service Medal, Certificate of Appreciation, Dispatcher of the Year
Award, and Historical Society Award.
The City's four exchange students to its sister city of Tachikawa, Japan were
introduced and given a Certificate of Appreciation and a City pin:
• Tiffany Armenta, Public Safety Academy
• Anthony Nguyen, Cajon High School
• Arianna Ruvalcaba, Cajon High School
• Madeline Sayre, San Gorgonio High School
Carey Jenkins of the Economic Development Agency provided a PowerPoint
presentation regarding the 2011 Spirit Award, an award given for a particular
project or program that best captured and embodied the spirit of the
Neighborhood Stabilization Program, which was presented to Eastpointe Village
(formerly part of Arden -Guthrie) by the federal Department of Housing and
Urban Development. Council Member/Commissioner Brinker requested current
crime stats for the area.
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.
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5. Waive Full Reading of Resolutions and Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and
Community Development Commission dated June 6, 2011, be waived. The
motion carried unanimously.
6. Council Minutes
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meetings of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: March
3, 2011; April 4, 2011; and April 18, 2011; and that the minutes of May 2,
2011 be continued to the Council/Commission meeting of June 20, 2011. The
motion carried unanimously.
7. Claims and Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the claims and payroll and the
authorization to issue warrants as listed in the memorandum dated May 11,
2011, from Barbara Pachon, Director of Finance, be approved and ratified.
The motion carried unanimously.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the personnel actions, as submitted by the
Chief Examiner, dated June 2, 2011, 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 unanimously.
9. RES. 2011-112 - Resolution of the Mayor and Common Council of the City
of San Bernardino requesting that the City of San Bernardino's Primary
Municipal Election be consolidated with the November 8, 2011 Consolidated
Election Conducted by the County of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-112 was adopted unanimously.
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10. RES. 2011-113 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Master
Services Agreement by and between the Inland Valley Development Agency
and the City of San Bernardino for provision of City services for Fiscal
Year 2011/2012.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-113 was adopted unanimously.
11. ORD. MC -1351 - An ordinance of the Mayor and Common Council of the
City of San Bernardino adding Chapter 15.27 entitled Crime -Free Rental
Housing Program to the San Bernardino Municipal Code. FINAL
READING (Continued from May 16, 2011.)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said ordinance be adopted. Ordinance
No. MC -1351 was adopted unanimously.
12. RES. 2011-122 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance to classify a portion
of fund balance as assigned; and commit the revenues of the Animal
Control, Baseball Stadium, and Soccer Field funds for the purposes of those
funds.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-122 was adopted with Kelley voting "no."
13. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City of San Bernardino Fire Department to
enter into an agreement with the County of San Bernardino to provide fire
protection and paramedic services to County unincorporated areas within
the City of San Bernardino's sphere of influence from July 1, 2011 through
June 30, 2016.
Discussion ensued regarding whether the City was shortchanging itself on this
agreement, how to obtain from the County a full accounting of money they
receive for fire services, and the suggestion that an escalator clause be
incorporated into the agreement.
City Manager McNeely acknowledged that the agreement probably does not
cover all of the City's costs. He noted that many agreements include a
provision that there will be audits, and this is something the City could do.
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Council Member/Commissioner Johnson asked if the City could look at making
this a one-year contract and then explore the matter further.
Fire Chief Conrad stated that many of these County islands are mixed with City
property and protecting these islands is very important to the City. He stated
that his staff could determine the costs for this service.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of June 20, 2011; and that staff look into the costs the City
incurs for providing this service, the inclusion of a possible escalator clause, and
the wisest course of action insofar as the length of the contract. The motion
carried unanimously.
14. RES. 2011-123 - 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 purpose of
conducting prescribed and/or structural training burns.
City Attorney Penman stated that this is a standard form agreement and does not
remove all of the issues about when and where a burn can be done. He stated
that it is important that the City Attorney signs off on each agreement, and he
wanted to make sure there is a line that says "Approved by the City Attorney"
that his office can sign off on.
Council Member/Commissioner McCammack stated that she did not receive a
copy of the resolution so she would be abstaining.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-123 was adopted with McCammack abstaining.
15. RES. 2011-114 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a purchase order to Sucaba Company, Inc.
(Sucaba) for the provision of Workers' Compensation and Liability Claims
Software Services.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-114 was adopted unanimously.
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16. RES. 2011-115 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an amended agreement with
Mercer Health and Benefits LLC to provide broker and administration
services for the City's Health Care Program.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-115 was adopted unanimously.
17. RES. 2011-124 - Resolution of the City of San Bernardino authorizing the
execution of an agreement with Corvel to provide Utilization Review
services for the City's Workers' Compensation Program.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-124 was adopted unanimously.
18. Resolution of the City of San Bernardino implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the
General Bargaining Unit of the City of San Bernardino represented by the
International Union of Operating Engineers.
The City Attorney's office requested a continuance of this item until the next
meeting.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that the matter be continued to the
Council/Commission meeting of June 20, 2011. The motion carried
unanimously.
19. RES. 2011-116 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and issuance
of a FY 2011-12 purchase order with NPA Computers Inc. for maintenance
of the City's computer and networking hardware and operating system
software.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-116 was adopted unanimously.
20. Item deleted
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21. RES. 2011-117 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement and the
issuance of a purchase order to Accela, Inc., for maintenance of the
Permits+ System.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-117 was adopted unanimously.
22. RES. 2011-118 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a Food Service Agreement with
the San Bernardino City Unified School District for the delivery of Type A
lunches to City sites for the District's Year -Round and Summer Lunch
Program for FY 2011-12 (year one of three), with two optional single year
renewals.
City Attorney Penman stated that he had abstained on this item because his wife
is on the school board, and that Agency Counsel Sabo had reviewed the matter
and signed the resolution.
Council Member/Commissioner McCammack stated she would abstain on this
item because the school district is one of her business clients.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-118 was adopted with McCammack abstaining.
23. RES. 2011-125 - Resolution of the City of San Bernardino approving the
application for Statewide Park Program Grants Funds.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-125 was adopted unanimously.
24. RES. 2011-126 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the purchase of Omega Dashboard Web -
Based Crime Mapping Services from the Omega Group of San Diego,
California.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-126 was adopted unanimously.
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25. RES. 2011-119 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement with the
County of San Bernardino for the implementation and operation of all
Biometric Identification Systems and DNA Services (San Bernardino CAL -
ID).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-119 was adopted unanimously.
26. RES. 2011-120 - Resolution of the City of San Bernardino authorizing the
execution of an Amendment to the Lease Agreement with Casa Ramona,
Inc. to extend the term of the lease for one additional two-year term on City
owned property located at 1633 West Fifth Street, within Nunez Park.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that said resolution be adopted. Resolution
No. 2011-120 was adopted unanimously.
27. RES. 2011-121 - 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 to Fairview Ford of San Bernardino pursuant to
Section 3.04.010 B-3 of the Municipal Code for the purchase of one 2012
Ford F-550 with an Eagle Service Body and one 2011 Ford F-150 4WD
extended cab pickup truck to be utilized by the Public Works Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the Director of Finance be authorized to
amend the FY 2010/11 Budget and transfer $95,400 from Account No. 132-
400-5505-0000-0094 (Other Professional Services) to Account No. 132-400-
5701-0000-0094 (Motor Vehicles); and that said resolution be adopted. The
motion carried and Resolution No. 2011-121 was adopted unanimously.
28. RES. 2011-129 - Resolution of the Mayor and Common Council of the City
of San Bernardino setting the 2011 Regulatory Fee for the sale of fireworks.
(Continued from May 16, 2011.)
Tait Ecklund, Management Analyst II, City Manager's office, advised that the
advertising plan had been amended to include advertisements in The Black
Voice and El Chicano weekly publications, as well as advertisements in La
Prensa, a Spanish language version of the San Bernardino Press Enterprise, and
La Opinion, the largest Spanish language daily newspaper in the Los Angeles
area.
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Public Comments:
Scott Olson, San Bernardino, CA.
Council Members/Commissioners Johnson and McCammack asked about the
Water bill insert that had been discussed at the last meeting, but was not now
being considered as a means of notification.
Staff advised that there had been a previous commitment to use a Water bill
insert to notify residents of the new SB Direct program, and only one insert
could be done at a time. Also, the calendar for inserting notices in the Water
bills is made well in advance of the actual mailings, and staff did not know
whether this could be changed at this late date.
Ms. McCammack stated that since the Water bills are most likely directed to the
adults at an address, she felt it was important to use this method to notify the
public of the City's restrictions regarding the use of fireworks in the city. She
added that it is the least expensive per household mode of advertising.
Council Member/Commissioner Kelley suggested using the City's banner poles
that are all across the city as a means of notifying residents.
City Attorney Penman stated that he was sorry that his office was not contacted
before the decision was made not to include the fireworks notification in the
Water bills because his office prosecutes all of the fireworks violations except
for the penal code violations that go to the district attorney. He stated that they
use the Water bill as evidence to show the hearing officer that this information
went to virtually every household in the area.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, that said resolution be adopted; and
that a notice be included in the Water bills, if possible. The motion carried
and Resolution No. 2011-129 was adopted with Brinker voting "no."
29. 2010 Census - Establish Redistricting Task Force
Council Member/Commissioner Shorett stated that he thought a representative
from each ward should be included in the task force.
Mayor/Chairman Morris advised that there would be a number of community
meetings to present the recommendations of the task force to the residents and
where the residents could provide feedback.
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Council Member/Commissioner McCammack stated that she remembers that in
the past there were a lot of public/community meetings during the process, and
everyone was allowed to speak. She stated that this took it completely out of the
political arena, which is the way it should be done.
City Clerk Clark stated that she has been on two of the redistricting task forces
and there is certain criteria that has to be met and considered. She stated that
the task force considers equal distribution of population, communities of
interest, and geographic boundaries.
Council Member/Commissioner Brinker stated that a couple of years ago the
state passed Proposition 11, which formed a redistricting commission and took
the job of drawing the boundaries out of the hands of the politicians. He said
that one of the big complaints that people had was that the politicians were
drawing boundaries that selected people that were favorable to them to be in
their district. He said he wanted to clarify that the people on this commission
are not allowed to take into account political affiliation or party, and they will
not be looking at where specific Council people live in an effort to create wards
for particular people. City Clerk Clark affirmed that this was true.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that a Task Force be appointed, as described in
the staff report from the City Manager, dated April 27, 2011, to begin the
process of analyzing the 2010 Census data and potentially recommending the
redistricting of ward boundaries. The motion carried unanimously.
Council Member/Commissioner McCammack requested a map showing where
growth has taken place in the city.
30. RES. 2011-130 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute and administer
the contract with Southern California Edison concerning the use of funds
from the Flight 5.6 Strategic Plan: Local Government Strategies.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that said resolution be adopted. Resolution
No. 2011-130 was adopted unanimously.
31. RES. 2011-131 - Resolution ratifying the submittal of the Funding Request
Form to the Department of Resources Recycling and Recovery (CalRecycle)
for beverage container recycling and litter reduction activities.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. 2011-131 was adopted unanimously.
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32. Appeal Hearing - Resolution denying appeals of the Planning Commission's
revocation of Conditional Use Permit No. 93-14 (Appeals 11-02 & 11-03)
(Continued from May 16, 2011.)
Resolution denying appeals of the Planning Commission's revocation of
Conditional Use Permit No. 93-14, a permit to operate a night club at 295
East Caroline Street, in the CR -3, Commercial Regional land use district.
(Appeals 11-02 & 11-03)
Note: No resolution was distributed with the backup materials.
It was noted that a settlement had been reached and staff was asking that the
matter be tabled.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be tabled. The motion carried
unanimously.
33. Public Hearing - adopting General Plan Amendment No. 10-01
A Resolution of the Mayor and Common Council of the City of San
Bernardino adopting General Plan Amendment No. 10-01 to change the
land use designation from Commercial Heavy (CH) to Industrial Heavy (IH)
on 6.2 acres on the north side of Foothill Boulevard and 5th Street, adjacent
to the future extension of State Street.
Mayor/Chairman Morris opened the hearing.
Margo Wheeler, Director of Community Development, stated that this item was
a request for an amendment to the General Plan to a more intense land use. The
subject site is the north side curb where Fifth Street merges with Foothill,
including one parcel with a Foothill address and one on Fifth. The future
southerly extension of State Street from Baseline to Foothill will cross the
western edge of the property. She stated that staff recommended against the
proposed general plan amendment, noting that this land use is the most intensive
one in the city, which is usually on properties located adjacent to rail lines and
in areas that are not prominent in the public view. The subject site will be
visible from State Street, which is the major arterial connection. Additionally,
staff's concern was that there is no Industrial Heavy (IH) designated property on
the north side of Fourth Street and, therefore, there are some concerns with land
use compatibility. Additionally, this application is only for the land use
designation change and is not for a specific development, although the applicant
has indicated that they do wish to move forward with an auto dismantling
facility.
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Ms. Wheeler stated that the Council's action would be to allow any use of
industrial heavy, although some of those uses would require a conditional use
permit. The significant differences between the two uses are shown in the chart
on page 4 of the Planning Commission staff report, which indicates differences
in uses such as dismantling/wrecking yards, truck stops, concrete batch plants,
which are not permitted in the current land use designation, but would be
allowed with a CUP if this change were to be approved. The other significant
difference is that there is a height limit of 45 feet in Commercial Heavy (CH),
where there is no height limit in IH. She stated that the Planning Commission
recommended approval of the subject general plan amendment and their findings
are shown on Attachment 2 to the staff report. The Planning Commission
considered the location, the potential uses allowed, and felt that the application
would be possible to be approved; and their findings are shown in that
attachment.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
all speakers who commented on this matter during the hearing that they would
provide true and honest testimony.
John Morrissey, Upland, CA, a senior commercial realtor representing the
landowner and the applicant, who is purchasing the property to operate a pick -a-
part type of operation that will be modeled after a pick -a -part that is located in
Anaheim on Beach Boulevard. He stated that what they are looking for is the
continued uses of the property, which will be further processed through a CUP
application and qualified for this piece of property in every way other than
taking parts off of a vehicle; and that is what is requiring the zone change prior
to processing the CUP. He stated that the subject property has a lot of defects—
earthquake faults running through the property, liquefaction problems, sediment
problems—which would prevent the building of any large industrial buildings on
this site. So even though there is unlimited height limits in IH, you could never
build anything on this site because of the geological conditions that would fall
into that classification.
He stated that what they are proposing is a business that would take a blighted
site and would give the City the street improvements with block walls, with
vegetation, that would definitely improve the streetscape along State Street as
well as Foothill Boulevard. He added that screening can be done as you are
coming down State Street with Cypress trees that could eliminate any sight into
the pick -a -part facility. The other thing to consider is that they are not looking
at stacking cars two and three cars high—this will strictly be like a parking lot
where people can come in and take the parts off of vehicles. This facility is
going to bring sales tax dollars to the community, and it's going to bring jobs to
the community.
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Mr. Morrissey stated that they are asking that the Council approve this condition
for the zone change. The one benefit that he did see between the different
zonings is the fact that CH allows adult businesses, where IH does not. So the
Council would be eliminating any possibility of adult businesses going in on this
site.
He stated that if the Council agrees with the Planning Commission that this
should be approved, then they will be moving forward with a CUP, because
getting this zone change is a condition of their escrow. If the zone doesn't get
changed, then the escrow falls apart. The previous owner did have this site
approved for an asphalt and concrete recycling facility, which would have been
bringing in piles of concrete and asphalt, grinding it up into road base, storing
it, and then shipping it out as needed. However, with the economy the way that
it is, he abandoned that usage for the time being and actually put the site up for
sale.
Ricardo Vallejo, potential buyer of the property, stated that he estimates it will
create about 15 permanent jobs and sales would be approximately $400,000 per
month, of which $80,0004100,000 would be taxable retail. The other would be
wholesale and scrap. He stated that he has four wrecking yards, two of which
are in Los Angeles and one in Norwalk, which are full service yards; and he
would like this one to be a self-service yard—that it has a lot of potential.
Randy Wyatt, owner of Wyatts Paint and Body, which is a collision and repair
facility located around the corner on Rancho, spoke in support of the proposed
project.
Council Member/Commissioner Johnson stated that he met with Mr. Morrissey
and Mr. Vallejo, and the project they brought forward was a very good project.
Then he talked to the residents and let them know what he thought and they
shared their concerns with him, as follows:
First, the changing of the designation from CH to IH—they said that there was
plenty of property with the IH designation in their community that would
support a CH business without creating another one.
Secondly, the visibility from State Street was a concern. Even though they will
put some trees up to block it off, it's still going to take a number of years for
those trees to be effective. Additionally, the way the 210 Freeway is built we
still have businesses right next to it as it comes into our community and some of
these are very unsightly to people coming into our city.
Thirdly, this is historical Route 66, and he was very concerned about what the
places look like on our historical route—that these places will be conducive to
the look we want for years to come and not just for right now. He stated that
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this gentleman was proposing to bring a lot of tax dollars into our community,
which is a good thing, but sometimes all money is not good money, and the
residents that he talked with have no desire to have this in the community. He
stated that he was supporting the will of the residents in the community and he
would be making a motion to that effect.
Council Member/Commissioner Marquez asked Ms. Wheeler how many auto
dismantling shops were in the city of San Bernardino and which ward has the
most. Ms. Wheeler stated she did not have that information.
Mayor/Chairman Morris stated that if you did a flyover and went down
Waterman Avenue you would see a great number of dismantling yards that
stretch out well beyond Waterman Avenue to the east and there are others as
well.
Ms. Marquez stated that her ward is a neighbor to Mr. Johnson's ward and
some of her constituents had shared their concerns about having this auto
dismantling shop in that area. She stated that at the end of the day it is about the
quality of life and she would not be supporting this.
Council Member/Commissioner Brinker stated this was an unusual item and he
wanted to get a little history. The Planning Commission voted to approve this
item, and typically when the Council sees appeals it's the other way around—the
Planning Commission has voted not to do it and the applicant then comes
forward with an appeal to the Council. He asked Ms. Wheeler to explain to him
how this ended up in front of the Council.
Ms. Wheeler stated that in this case this is a general plan amendment and the
Planning Commission is advisory only; therefore, the matter would come before
the City Council regardless of the action of the Planning Commission—that
changing City ordinances and general plan amendments are items that require
Mayor and Common Council action.
Council Member/Commissioner Brinker asked if there would be any impact on
the City if the Council made this change and the applicant goes forward and
finds out that this property is unsuitable for whatever reason.
Ms. Wheeler answered in the negative, stating that if the Council action today
was to approve, it would change the land use designation on this property and
then any subsequent development would have to be compatible with that general
plan designation within any physical limitations of the site based on hydrology
or seismic issues.
16 06/06/2011
Council Member/Commissioner Brinker spoke about some of the surrounding
area that is now designated IH, and wondered if the applicant would be
interested in any other property—did it have to be this property—or was there
no suitable IH property in this general area.
Ms. Wheeler answered that that question would be for the applicant and
confirmed that Fourth Street in this area is essentially the dividing line; and
south of Fourth is IH, but there is no IH north of Fourth.
Council Member/Commissioner Brinker stated that the final point he wanted to
make is that while this is technically the Sixth Ward, if you were to go a little
bit to the west, some of the closest housing to this area is actually in the Third
Ward off of Macy; so whatever goes in there, the residents in the Third Ward
will be affected by it as well. He stated that he was intrigued by this because he
likes the idea of creating jobs and tax revenue, but he was not sure that this is
the right location.
Mr. Morrissy stated that almost all of the IH to the south are rail yards—there
are only a few parcels that could be used for this purpose, one of which is
where the applicant is operating his yard right now, which is far too small to
operate on and he is already busting at the seams. This piece here is actually
ideal because if you look at it, there are no residences bordering this property at
all. You've got flood control on both sides, you've got industrial extractive to
the north, and almost everything to the south is industrial heavy.
Cheryl Brown, San Bernardino, CA, stated that planning in the Sixth Ward has
not been the best and spoke in opposition to the proposed project.
Council Member/Commissioner Shorett asked Ms. Wheeler what staff's major
concern was in recommending against this zone change.
Ms. Wheeler stated that there were two principal reasons—first, that the existing
IH is really south of Fourth Street and not north; and second, that Fifth Street
and where the future southerly extension of State Street will cross the western
edge of the property will bring higher visibility to this site. She stated that staff
believes that the finding cannot be made that the potential change to the land use
is appropriate in this location and internally consistent with the General Plan.
Council Member/Commissioner McCammack stated that in reading the
resolution that evidently was submitted to the Planning Commission, on page 2
of the resolution it talks about Findings of Fact, and it talks about the general
plan amendment being entirely consistent with the General Plan, that the general
plan amendment will expand the available options for use of subject area
consistent with the following general plan policy. It goes on to say that it will
not be detrimental to the public interest and will maintain the appropriate
17 06/06/2011
balance of land uses within the city. She questioned how this was a resolution
that the Council should deny, since the Findings of Fact are actually supportive.
Ms. Wheeler explained that the Findings that staff originally recommended
within the Planning Commission staff report for the meeting dated April 27,
2011, page 5, which is where the staff's findings are, that it is not internally
consistent with the General Plan and that the proposed amendment may be
detrimental.
Ms. McCammack questioned how the findings in the resolution could be so
opposite of what staff is now saying.
Ms. Wheeler pointed out that staff made one recommendation and the Planning
Commission made another recommendation, and staffs recommendation
remains the same and, of course, the Planning Commission's recommendation is
for approval. So the Council has essentially two different sets of findings before
them.
Ms. McCammack asked how one set of Findings of Fact can be put in a
resolution, which looks essentially legal to her, and then have another set of
Findings of Fact that are a complete contradiction.
Ms. Wheeler stated that these are discretionary actions—they are opinions.
Randolph Riley, San Bernardino, CA, member of the Northwest PAC, spoke
in opposition to the proposed project.
Council Member/Commissioner McCammack asked Deputy City Attorney
Empeno what staff was given to make the determination that this kind of facility
could not exist within commercial heavy?
Mr. Empeno answered that the Development Code lists a table of uses which
are permitted in Commercial Heavy as well as the IL and IH land use districts.
Ms. McCammack asked whether this kind of facility was absolutely forbidden to
be in a commercial heavy land use district?
Mr. Empeno stated that he believed that was the case
Council Member/Commissioner Brinker stated that he didn't think they had
fully talked about the extension of State Street and how that might have weighed
on staff's thinking about this. He stated that it was hard for him to read, but it
looked like the proposed State Street extension would take off a pretty big chunk
of the property being discussed. He asked how that had weighed in staff's
decision making.
18 06/06/2011
Ms. Wheeler stated that it did not have to do with the effect on the private
property with regard to how much land was affected but rather the prominence
of the site—it's visibility and its prominence in the neighborhood; and that it
isn't a sight that is then hidden or on a lesser traveled street, but rather with this
change it would be more visible.
Council Member/Commissioner Brinker asked if the Council makes the change
to industrial heavy and this gentleman puts his business in there and then two or
three years down the road we go in to do the State Street expansion, are they
then looking at eminent domain or having to do some sort of negotiations to take
a piece of the property that now has some real value to it because he has a
business there; and would they be creating more problems for themselves down
the road. He asked whether staff was trying to think long term about what this
property's usage is—if that was part of the process?
Ms. Wheeler stated that legal staff might want to weigh in on that because future
actions with regard to, say a property where a freeway was going to be widened
and somebody is proposing a project, generally they are advised that that is not
something to take into consideration. You merely view the project itself and not
some potential other action that weighs on that property. The individual that
owns the property has the right to develop that property, and future action by
another agency generally does not weigh on that decision.
Mayor/Chairman Morris stated that the ultimate goal is to extend State Street
from the I-210 all the way down to the Route 66, and that is going to be a
parkway—four lanes, he believed, in its design. He asked whether the site
would be visible for those folks going north and south along this parkway.
Ms. Wheeler stated that, yes, that was her understanding.
Council Member/Commissioner Shorett asked if the property and State Street
are at grade, or is State Street elevated? He asked how people were going to see
inside the facility if they are building walls and cypress trees and other types of
decorative landscape, unless State Street is elevated.
Ms. Wheeler stated that the staff analysis that was given to her indicated that
there would be a point of visibility; however, at this time she did not have the
full design features.
Council Member/Commissioner Johnson advised that State Street would be
elevated to the other side of Foothill—that it would be elevated past that
property.
19 06/06/2011
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Marquez, that the hearing be closed; and that General
Plan Amendment No. 10-01 be denied based on the Findings of Fact in the
Planning Commission staff report dated April 27, 2011. The motion FAILED
with Marquez, Brinker, and Johnson voting "yes;" Shorett and
McCammack voting "no;" and Kelley absent.
Council Member/Commissioner McCammack stated that she thought they were
in a really tough position, telling people what they can and cannot do with their
property.
Council Member/Commissioner Brinker stated that he was torn on this item—
that he wants this gentleman to be able to expand and do his business, but he's
not convinced this is the right location for that; and he doesn't know if they have
really done anything to work with him. He stated that he knows the EDA will
often go out and work with people and help them to find site locations and do
other things to help, but he didn't know if there was a way to put this off for a
little bit and see if they couldn't find something that was more mutually
beneficial.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Shorett, to support the recommendation of the
Planning Commission to adopt General Plan Amendment No. 10-01. The
motion FAILED with Shorett and McCammack voting "yes;" Marquez,
Brinker, and Johnson voting "no;" and Kelley absent.
Mayor/Chairman Morris noted that without a fourth vote they could not move
on either recommendation at this point in time, so they were left with an
unresolved issue. He suggested that the matter could be continued to the next
meeting.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that the matter be continued to the
Council/Commission meeting of June 20, 2011. The motion carried with
Brinker, Shorett, Johnson, and McCammack voting "yes;" Marquez voting
"no;" and Kelley absent.
City Attorney Penman advised that if there are not four votes either way, then
the matter is deemed denied—the application is deemed denied.
Deputy City Attorney Empeno stated that any action of the Council requires
four affirmative votes. If there are not four affirmative votes to approve this
application, then the application would be deemed denied for lack of four
affirmative votes, even though successive motions of the Council on a motion to
20 06/06/2011
deny the general plan amendment application would fail, it would still be
deemed denied because you wouldn't have four affirmative votes to approve it.
Council Member/Commissioner Johnson stated that he was changing his vote on
the motion to continue from "yes" to "no." The motion to continue FAILED
with Brinker, Shorett, and McCammack voting "yes;" Marquez and
Johnson voting "no;" and Kelley absent.
Mayor/Chairman Morris advised that the motion to continue failed, and Mr.
Empeno's interpretation of the law relative to a lack of a majority resulted in a
denial of the motion to allow this change of zoning.
34. Public Hearing - adopting General Plan Amendment No. 08-05
A Resolution of the Mayor and Common Council of the City of San
Bernardino adopting General Plan Amendment No. 08-05 to change the
Land Use Designation from Commercial General (CG -1) and Industrial
Light (IL) to Industrial Heavy (IH) on approximately 7.69 acres and
approving Conditional Use Permit No. 09-04 to expand an existing 28.7 -acre
auto dismantling and vehicle storage business by 7.69 acres and establish
auto repair service at 701 North Waterman Avenue.
Staff requested a continuance of this matter.
Council Member/Commissioner Shorett stated that he did not believe this was in
the Fourth Ward. It was noted that correct information would be brought back
to the next meeting.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Shorett, that the matter be continued to the Council/
Commission meeting of June 20, 2011. The motion carried with Kelley
absent.
35. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the City Manager to execute a Master Services
Memorandum of Understanding with the Water Department for provision
of City services for Fiscal Year 2010/2011. (Continued from May 16, 2011.)
Staff requested a continuance of this matter.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the
Council/Commissioner meeting of June 20, 2011. The motion carried with
Kelley absent.
21 06/06/2011
36. Eliminating and restructuring of certain Commissions (Continued from May
16, 2011.)
Ordinance of the City of San Bernardino repealing Chapters 2.24 (Central
City Parking Place Commission), 2.42 (Community Television Commission),
2.19 (Youth Advisory Commission), and 2.27 (Santa Ana River Trail
Commission) of the San Bernardino Municipal Code. FIRST READING
(36A)
RES. 2011-132 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing the Santa Ana River Trail Ad Hoc
Committee. (36B)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Johnson, that said ordinance be laid over for final
adoption; and that said resolution be adopted. The motion carried and
Resolution No. 2011-132 was adopted with Kelley absent.
37. Social Host Ordinance
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that the Social Host Ordinance be referred to
the Legislative Review Committee. The motion carried with Kelley absent.
COMMUNITY DEVELOPMENT COMMISSION
Present: Mayor/Chairman Morris, Council Members/Commissioners Marquez,
Brinker, Shorett, Kelley, Johnson, McCammack; Senior Assistant City
Attorney Easland; Economic Development Agency Interim Executive
Director Marzullo and Agency Counsel Sabo; City Clerk Clark.
Absent: None.
Vacant: Second Ward.
R38. Single -Family Residence Revitalization Program Third Quarter Report
(January 1, 2011 through March 31, 2011)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Brinker, that the Community Development Commission
of the City of San Bernardino receive and file the Quarterly Report of the
Single -Family Residence Revitalization Program activities (January 1, 2011
through March 31, 2011) for the Redevelopment Agency of the City of San
Bernardino. The motion carried with Kelley absent.
22 06/06/2011
R39. Westbound Communications - Amendment No. 1 to the Agreement for
Professional Services (Public Relations and Branding Campaign for the
Downtown Core Vision & Action Plan Area and the Economic Development
Agency Revitalization Efforts)
CDC/2011-28 - 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 Agreement for
Professional Services by and between the Agency and Westbound
Communications.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Brinker, that said resolution be adopted.
Resolution No. CDC/2011-28 was adopted unanimously.
R40. Hospitality Building South, LLC - License Agreement for Electronic
Message Sign at Hospitality Lane and Hunts Lane Adjacent to the I-10
Freeway
RES. 2011-133 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a License Agreement with Hospitality
Building South, LLC for an off-site electronic message center freeway sign
and accepting an easement granted by Hospitality Building South, LLC
(Southeast Industrial Park Redevelopment Project Area). (R40A)
RES. CDC/2011-29 - Resolution of the Community Development
Commission of the City of San Bernardino authorizing the Interim
Executive Director of the Redevelopment Agency of the City of San
Bernardino ("Agency") to execute a Three -Party License Agreement by and
among the City of San Bernardino, the Agency and Hospitality Building
South, LLC regarding an electronic message sign at a 1.26 acre site on the
south side of Hospitality Lane, east of Hunts Lane (Southeast Industrial
Park Redevelopment Project Area). (R40B)
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolutions A and B, be adopted.
Mayor and Common Council Resolution No. 2011-133 and Community
Development Commission Resolution No. CDC/2011-29 were adopted
unanimously.
R41. Phillips Construction, Inc. - Construction Contract for the Americans with
Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II - various
locations Citywide
23 06/06/2011
RES. CDC/2011-30 - 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 construction contract by and between
the Agency and Phillips Construction, Inc., for Construction of Americans
with Disabilities Act ("ADA") Ramps and Sidewalks Project Phase II -
various locations Citywide (40th Street, South Valle, and Northwest
Redevelopment Project Areas).
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Marquez, that said resolution be adopted. Resolution
No. CDC/2011-30 was adopted unanimously.
R42. Joint Public Hearing - Disposition and Development Agreement - ACAA
Limited Partnership, a California limited partnership - 542 North Mt.
Vernon Avenue (Mt. Vernon Corridor Redevelopment Project Area)
Resolution of the Mayor and Common Council of the City of San
Bernardino consenting to a Disposition and Development Agreement
("ACAA DDA") by and between the Redevelopment Agency of the City of
San Bernardino ("Agency") and ACAA Limited Partnership, a California
limited partnership ("ACAA") - 542 North Mt. Vernon Avenue (Mt.
Vernon Corridor Redevelopment Project Area). (R42A)
Resolution of the Community Development Commission of the City of San
Bernardino approving a Disposition Agreement ("DDA") by and between
the Redevelopment Agency of the City of San Bernardino ("Agency") and
ACAA Limited Partnership, a California limited partnership ("ACAA")
and authorizing the Interim Executive Director of the Agency to execute
that certain ACAA DDA - 542 North Mt. Vernon Avenue (Mt. Vernon
Corridor Redevelopment Project Area). (R42B)
Note: No backup materials were distributed.
Mayor/Chairman Morris opened the hearing.
Staff requested a continuance.
Council Member/Commissioner Shorett made a motion, seconded by Council
Member/Commissioner Brinker, that the matter be continued to the Council/
Commission meeting of June 20, 2011. The motion carried unanimously.
24 06/06/2011
43. RES. 2011-127 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Lewis, Brisbois, Bisgaard & Smith and the City of San
Bernardino for legal services in the case of Cedric May, Sr., et al., v. City of
San Bernardino, et al., United States District Court, Case No. CV10-00978
VAP (DTBx).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2011-127 was adopted unanimously.
44. RES. 2011-128 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Arias & Lockwood and the City of San Bernardino for
legal services in the consolidated cases of Long Nguyen v. City of San
Bernardino, et al. and Lam Sinh v. City of San Bernardino, et al., San
Bernardino County Superior Court, Case No. CIVDS 1003080.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2011-128 was adopted unanimously.
26. Public Comments
Roger Henderson, San Bernardino, CA, spoke regarding an article in The Sun
newspaper relative to limiting the amount of time that elected officials can speak
at Council meetings. He stated that there are those who would actually like to
hear more, especially if it meant more transparency.
Scott Olson, Pacific Mobile Home Park, San Bernardino, CA, stated that
residents have no voice and no representation insofar as the mobile home parks
are concerned—especially with regard to violations by Santiago of the rent
control ordinance. He stated that all the residents want is for the Economic
Development Agency to hold Santiago accountable for existing laws regarding
rent control, disclosure requirements, etc.
Cheryl Brown, San Bernardino, CA, President of the NAACP, stated that the
NAACP is concerned that our community and our city increases in projects that
will uplift our community so it will be looked at in a positive way instead of
how it is looked at in the region now.
25 06/06/2011
James Smith, San Bernardino, CA, complimented the participants on the very
civil meeting this evening, and stated that the Native Sons of the Golden West
would be selling fireworks this year at 2701 N. Del Rosa Avenue. He stated
that on June 14 there would be a Flag Day ceremony at the Elks Lodge near
Perris Hill Park at 7:30 p.m. and the public was invited.
27. Adjournment
At 7:38 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 1:30 p.m., Monday, June 20, 2011.
RACHEL G. CLARK, CMC
City C,llerk
By:
Linda E. Hartzel
Deputy City Clerk
26 06/06/2011