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HomeMy WebLinkAbout12-19-2005 MinutesSan Mayor Judith Valtes CITY OF SAN BERNARDINO Council Members: Esther Estrada 300 N. "D "Street Susan Longville San Bernardino, CA 92418 Gordon McGinnis Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 19, 2005 ECONOMIC DEVELOPMENT AGENCY BOARDROOM 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 Pro Tem/Acting Chairman Derry at 12:11 p.m., Monday, December 19, 2005, in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tem/Acting Chairman Derry; Council Members/Commissioners Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman; City Clerk Clark, Assistant to the City Administrator Sassoon. Absent: Mayor/Chairman Valles; Council Member/ Commissioner Estrada. Council Member/Commissioner Estrada Arrived At 12:17 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. Recess Meeting At 12:54 p.m. the meeting recessed to the Council Chambers. Reconvene Meeting - Regular Session The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was reconvened at 1:37 p.m., Monday, December 19, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. 12/19/2005 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): City of San Bernardino v. Gregory Alan Godwin - San Bernardino Superior Court Case No. SCISS 130368; Center for Biological Diversity v. City, et al., American Development Group Inc., Real Party in Interest - San Bernardino Superior Court Case No. SCVSS 132463; Lakia Singleton v. City of San Bernardino, Gerald Beall - San Bernardino Superior Court Case No. SCVSS 126289; Romero, Ralph P. , Fire Captain v. Penman, James F. , et al. - United States District Court Case No. EDVS05-00329 SGL; David Sanborn v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 078410 - consolidated with SCVSS 084862 & SCVSS 091020; Kemp v. County of San Bernardino, et al., - San Bernardino Superior Court Case No. SCVSS 130936; City of San Bernardino v. United States of Amercia, Department of the Army, et al. - United States District Court Case No. CV 96-5205 MRP (JGx) consolidated with United States District Court Case No. CV 96-8867 MRP (JGx). 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: 1. City of San Bernardino v. Natassja Bullocks 2. City of San Bernardino v. Adelphia Communications, Comcast, Time Warner Cable D. Closed Session - personnel - pursuant to Government Code Section 54957. 2 12/19/2005 E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: Fire Management San Bernardino Police Officers Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Verdemont Area - Bice Property Property: APN Nos: 0261-111-21, 23, 25, 29, 30, 33, 35 and 40; 0261-121-01, 02, 03,13 and 14; 0261-451- 01 through 48; and 0261-461-01 through 66 N/S Frontage Road, 1,000± feet w/o North Little League Drive Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as owner/seller, and Century Crowell Communities, LP, as buyer Under Negotiation: Purchase price, terms, and conditions Central Citv South Redevelopment Proiect Area 2. Property: APN Nos: 0134-181-29, 0134-191-26 through 28, 0134-264-18, 0134-271-31, 0134-281-21, 0134- 291-12, 0134-301-28, 0134-301-20, 0134-231-30, 0134-211-39, 0134-221-44 through 46, and 0134- 201-26 Negotiating Parties: Maggie Pacheco, Interim Executive Director, on behalf of the Redevelopment Agency, as property owner, and Street -Manchester, LLC/Street Capital Corporation, a California Corp., as buyer Under Negotiation: Purchase price, terms, and conditions 3 12/19/2005 City Attorney Penman announced that the following additional item would be discussed in closed session: Recent meet and confer with the San Bernardino Police Officers Association on the issue of certain suggestions that were made during the workshop at the last Council meeting on dealing with crime problems. Closed Session Announcement City Clerk Clark announced that in closed session the Council voted unanimously to approve the following motions: 1. A. Authorize the Mayor and Common Council to allow retired police officers to handle alarm response calls; B. Authorize the Mayor and Common Council to create the position of San Bernardino Municipal Officer at a salary of $25.4654 per hour; 2. Authorize the Mayor and Common Council to establish an incentive program for lateral hires and new recruits as outlined in Attachment A provided by Linn Livingston, Director of Human Resources, dated December 1, 2005; 3. Direct Human Resources to bring back an amendment to the FY 2005/06 budget to fund the new positions. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Moment of Silence Mayor Pro Tern/Acting Chairman Derry expressed condolences to the family and requested a moment of silence in memory of prominent, longtime local attorney, John B. Lonergan, who passed away last week at the age of 97. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of the Libreria Del Pueblo, followed by the pledge of allegiance, led by Valentin Gomez from Bradley Elementary School. 2. Appointments There were no commission appointments. 4 12/19/2005 3 5 Presentations Wallace Green, Assistant to the Mayor/EEO Officer, read the names of the following individuals who were presented a service pin award by Mayor Pro Tern Derry in recognition of their many years of dedicated service to the City: Name Diane Cathcart Arne Lovnaseth Richard Malony Lyle Reyes John Vasek Olivia Sanchez Announcements Department Animal Control Development Services Police Police Police Public Services Years of Service 5 5 25 15 15 5 Announcements were made by Mayor Pro Tern Derry, members of the Common Council, elected officials, and a representative of the Chamber of Commerce regarding various civic and community events and activities. Richard Lawhead, President of the San Bernardino Police Officer's Association, spoke about the increased homicide rate and made a plea for more police officers. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the personnel actions, as submitted by the Chief Examiner, dated December 14, 2005 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 Commissioners Estrada, McCammack. Nays: None the following vote: Longville, McGinnis, Absent: None. Ayes: Council Members/ Derry, Kelley, Johnson, 67 12/19/2005 7. Resolutions authorizing execution of Mills Act Preservation Agreements RES. 2005-415 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 2005-363, establishing the application process, review procedures, and required contract provisions for the implementation of a Mills Act Program in the City of San Bernardino pursuant to Government Code Section 50280, et seq., and setting an application fee. (7A) RES. 2005-416 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Mills Act Preservation Agreement with John Stephen Alexandrowicz. (7B) RES. 2005-417 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Mills Act Preservation Agreement with John W. Barna and Marie T. Barna. (7C) RES. 2005-418 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Mills Act Preservation Agreement with the Chapman Family Trust. (71)) RES. 2005-419 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Mills Act Preservation Agreement with Dennis M. Rowe and Sherry N. Rowe. (7E) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolutions A-E, be adopted. Resolution Nos. 2005-415 through 2005-419 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) Note: No backup materials were distributed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. 6 12/19/2005 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2005-420 — Resolution of the City of San Bernardino approving an Agreement for Services with Terra Nova Planning & Research, Inc. for the provision of professional environmental consulting services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-420 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2005-421 — Resolution of the City of San Bernardino authorizing the execution of a License Agreement between the City of San Bernardino and San Bernardino Associated Governments (SANBAG) for operation and maintenance of a storm drain and related appurtenances installed in the Redlands Subdivision "First Mile" Railroad right-of-way. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-421 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2005-422 — Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to DBX, Inc. for traffic signal improvement at "E" Street and 18`f' Street (TC04-20), per Plan No. 11175. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $44,100 from Account No. 250-370- 5504-7174 "Waterman Avenue Signal Interconnect from 5' Street to 30' Street (TC04-04)" and $31,000 from Account No. 250-370-5504-7432 "`E' Street and 30' Street Signal Upgrade (TC04-17)" to Account No. 250-370-5504-7435 "18' Street and "E" Street Traffic Signal (TC04-20)"; and that said resolution be adopted. The motion carried and Resolution No. 2005-422 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 12/19/2005 12. RES. 2005-423 — Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Steiny and Company, Inc. for school pedestrian signal on Little Mountain Drive at Shandin Hills Middle School (TC 04-18), per Plan No. 10764. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-423 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2005-424 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Utility Undergrounding Agreement with Catellus Land and Development Corporation, a Delaware Corporation, for undergrounding of overhead utility lines on Mill Street and Doolittle Drive. Council Member/Commissioner Derry abstained on this matter due to the fact that he is employed by Southern California Edison, who is a party in the above matter. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-424 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: None. 14. RES. 2005-425 — Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to J.D.C., Inc. for construction of ADA access ramps and sidewalk at Gilbert Street, (SS-B 05106), per Plan No. 11567. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $89,000 from Account No. 129-367- 5504-7510, "SSO4-116 Waterman Avenue and 18' Street Widening and Accessibility Improvements" to Account No. 129-367-5504-7202, "SS-B Accessibility Improvements at Various Locations (Annual)"; and that said resolution be adopted. The motion carried and Resolution No. 2005-425 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 12/19/2005 15. RES. 2005-426 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Standard Contract with the County of San Bernardino and the City of Redlands for the repair of Alabama Street at City Creek. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the Director of Finance be authorized to amend the FY 2005/06 budget by increasing revenue Account No. 248-000-4658 by $59,300, with a corresponding increase to expense Account No. 248-368-5504- 7517; and that said resolution be adopted. The motion carried and Resolution No. 2005-426 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2005-427 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to Purchase Order 206189 to Advanced Security for security services to the San Bernardino Metrolink Station. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-427 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2005-428 - Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Ten, Eleven, Twelve & Fourteen, entitled in part "A Resolution .. . establishing a basic compensation plan . .. "; by updating information codifying prior Council actions (General, Mid - Management, and Confidential & Management). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-428 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2005-429 - Resolution of the City of San Bernardino authorizing a term and cost change to the Contract for 800 MHz radio time -air services between the City and Patton State Hospital, and rescinding Resolution 2005-106. 9 12/19/2005 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-429 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. Item Deleted 20. RES. 2005-433 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute two contracts with the County of San Bernardino for the Perris Hill Senior Center Expansion Project in the amount of $550,000 and to install water parks at (3) former wading pool sites in the amount of $400,000. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; that the Director of Finance be authorized to amend the FY 2005/06 budget for the Perris Hill Senior Center Expansion, Account No. 243-363-5504-7494, by increasing revenue Account No. 243-000-4651 by $550,000; increasing revenue Account No. 243- 000-4620 by $73,700;increasing expenditure Account No. 243-363-5504-7494 by $373,700; and placing the $250,000 of Park Construction Funds originally anticipated to be used for this project back into the fund balance to be used for other projects in the future; and that the Director of Finance be authorized to amend the FY 2005/06 budget by increasing revenue Account No. 243-000-4651 in the Park Construction Fund by $400,000 and increase the Park Construction expenditures in Account No. 243-363-5504-7440 for the water park project as outlined in the staff report dated December 8, 2005, from Lemuel Randolph, Director of Parks, Recreation & Community Services. The motion carried and Resolution No. 2005-433 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2005-430 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute an Agreement between the City of San Bernardino and the Coast Soccer League for use of the San Bernardino Soccer Complex for a 5-year period. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-430 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 12/19/2005 22. Authorize the Director of Finance to amend the FY 2005/06 budget to add a roof replacement project for the Center for Individual Development (CID) Natatorium in the amount of $90,000 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $90,000 from Account No. 243-363- 5504-7559 to Account No. 243-363-5504-7668 for the CID roof replacement; deleting the remaining revenue and expenditures originally appropriated for the Al Guhin Park Project (PR05-12); and placing the remaining Park Construction funds in the amount of $160,000 back into the fund balance to be used for other projects in the future. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2005-431 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to a purchase order to Fourth Street Rock Crusher for street sweeper dumping. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the Director of Finance be authorized to transfer $39,600 from the Public Services Department Refuse Division budget Account No. 527-412-5179 to the Public Services Department Refuse Division budget Account No. 527-414-5179; and that said resolution be adopted. The motion carried and Resolution No. 2005-431 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2005-432 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Callaway Motorsports for the purchase of six (6) 2005 Honda ST1300P police motorcycles, including emergency lighting to be utilized by the Police Department. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2005-432 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Item Deleted 11 12/19/2005 26. Resolutions authorizing the City of San Bernardino to enter into Agreements for Tow Services with the following tow service providers: Big `Z' Auto Works, Incorporated; City Towing; Danny's Towing; Hayes Towing; Tri City Towing; and Wilson Towing LLC RES. 2005-434 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an Agreement for Tow Services with Big `Z' Auto Works Incorporated, consistent with Resolution 2005-286. (26A) RES. 2005-435 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an Agreement for Tow Services with City Towing, consistent with Resolution 2005-286. (26B) RES. 2005-436 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an Agreement for Tow Services with Danny's Towing, consistent with Resolution 2005-286. (26C) RES. 2005-437 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an Agreement for Tow Services with Hayes Towing, consistent with Resolution 2005-286. (26D) RES. 2005-438 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an Agreement for Tow Services with Tri City Towing, consistent with Resolution 2005-286. (26E) RES. 2005-439 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino to enter into an Agreement for Tow Services with Wilson Towing LLC, consistent with Resolution 2005-286. (26F) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A-F, be adopted. Resolution Nos. 2005-434 through 2005-439 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12 12/19/2005 27. Establish additional position of Real Property Specialist - Real Property Division - Development Services Department Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council establish one (1) additional Real Property Specialist position, Range 1396, $3,199-$3,889/ month in the Real Property Division of the Development Services Department; and that the Human Resources Department be directed to update Resolution Nos. 6413 and 97-244 to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. Public hearing - resolution ordering work - Acacia Avenue and Hill Drive Area Landscape Maintenance Assessment District No. 1040 - Tract No. 10260 RES. 2005-441 - Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots submitted in favor of the assessment exceed the ballots submitted in opposition to the assessment and that the public convenience and necessity require the maintenance of landscaping in the area of Acacia Avenue and Hill Drive, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1040, ordering the work, confirming the 2006-2007 Assessment Roll, and determining that the Special Assessment Investigation, Limitation and Majority Protest Act of 1931 shall not apply. Mayor Pro Tem/Acting Chairman Derry opened the hearing. Council Member/Commissioner Derry indicated that he would be abstaining due to the fact that he is purchasing a home in that area. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Kelley assumed the duties of Mayor Pro Tem. City Clerk Clark announced that a total of 39 ballots had been received on this assessment district-37 in favor and 2 in opposition. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that the hearing be closed; and that said resolution be adopted. 13 12/19/2005 The motion carried and Resolution No. 2005-441 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/ Commissioner Derry. Absent: None. 29. RES. 2005-440 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney's Office. (Continued from December 5, 2005) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-440 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Workshop to discuss development impact fees - Economic Development Agency Boardroom (Continued from December 5, 2005) Lori Sassoon, Assistant to the City Administrator, stated that this was the third workshop being held to discuss the issue of development impact fees. She asked that the Council provide feedback and come up with a consensus on which way to proceed in regard to the proposed new fees and the recommended adjusted fees. She indicated that Scott Thorpe, the consultant from Revenue & Cost Specialists, was present to answer any questions. Ms. Sassoon stated that she had sent a copy of the study to the Government Affairs Manager of the Baldy View Chapter of the Building Industry Association of Southern California (BIA), and that he had requested a meeting with senior staff to discuss the study and present their perspective and that meeting was scheduled to take place in early January. Ms. Sassoon stated that once the Council came to a consensus on the study, staff would begin to draft the ordinances/resolutions and would schedule a public hearing sometime in late January or early February, assuming they wanted to move forward. Council Member/Commissioner Kelley stated that at the last workshop he had indicated that he wanted to hear how the development fees they would be collecting would stay in the area where they are generated. Ms. Sassoon stated that that could be accomplished simply by adding language in the ordinance or resolution specifying how the money would be spent. Mr. Kelley questioned whether the current Verdemont Impact Fee would increase. 14 12/19/2005 Ms. Sassoon stated that the Verdemont Infrastructure Fees had been raised and lowered through the years, but that particular fee structure was not being revised at this time. Mr. Kelley stated that if they were looking at raising development fees, he felt they should look at the Verdemont Infrastrucure Fee, which is one way his concerns would be addressed in the area where rapid growth is taking place, especially in the area of housing. Council Member/Commissioner Derry asked if the development fees would be in addition to those fees on any new structure built in the Verdemont area. Ms. Sassoon stated that she believed Councilman Kelley was suggesting that they should do an updated study of the existing Verdemont Infrastructure Fee in order to determine whether or not it should also be adjusted. She added that any adjustment to that fee would be over and above any fees they had already discussed. She stated that development in the Verdemont area is currently already paying additional infrastructure fees beyond what is paid in other areas of the community and that would not change. Ms. Sassoon stated that they could look into the Verdemont Infrastructure Fees; however, that would clearly require another study. Council Member/Commissioner Kelley stated that he felt it needed to be done. Council Member/Commissioner Longville encouraged the Council to move forward and felt that they would work out many of the issues during the drafting of the actual ordinance language. She stated that if it remained in the conceptual study stage, the City would continue to lose significant revenue. Council Member/Commissioner Derry asked when the BIA expected to become involved. Ms. Sassoon stated that the BIA would have concerns anytime the City contemplated adjusting fees. She stated that she didn't think there were any specific concerns with regard to the study, but rather it was more of a general concern about the impact that adjusting fees may have on development and on the cost of housing. Council Member/Commissioner McCammack stated that part of what they discussed two weeks ago was that if in fact they adopted this particular study, would they be adopting the fees. Ms. Sassoon stated that they were not looking for adoption of the study at this point, but were seeking consensus on a direction in which to move. Council Member/Commissioner McCammack stated that they needed to come to some consensus as to whether or not they wanted to raise development fees, and 15 12/19/2005 did they want to raise them as high as the study said they could technically raise them. She stated that this study would have an impact on the Verdemont area, where 90 percent of the development is going to occur. She stated that as discussed at the last meeting, she personally felt that the increase percentage -wise was out of line, and would mean having to compete with other cities. She stated that the infill would have the same problem and would be harder to develop. Ms. Sassoon stated that perhaps Development Services could help determine which fees would apply when there's infill. Mr. Thorpe stated that in an infill area, if you're starting with a piece of dirt that has been vacant in an urban area for years and years, the developer would pay the full impact fee. However, if you're talking about tearing down five 1,000 square foot orange grove era homes and then putting up 20 condos, they would pay the difference between the two and then they would get a credit for the five homes that were torn down, so it would be a reduced fee. Council Member/Commissioner McCammack stated that she was not sure they could provide staff with the direction necessary to write the ordinances and resolutions unless they could come to some consensus at this meeting, and she wasn't sure they were ready to do that. Council Member/Commissioner Kelley stated that in the Verdemont area they have been fortunate to have a lot of quality developers come into the community and go above and beyond what is currently required, but since they wouldn't always be fortunate enough to have those quality developers, he wanted to make sure something is put into place that will meet the needs of that future growth. Council Member/Commissioner Longville asked that this not just be looked at in terms of residential units. She stated that they had talked about generating a source of funds over time that could amount to three-quarters of a million dollars. At most, a quarter of that comes from new housing and a lot of it comes from the Nexus Study and other sources of development. Ms. Longville suggested that perhaps there could be an offset to the existing Verdemont Infrastructure Fee that would lessen it in some way in that particular area or a guarantee that would keep more of the revenues in those particular areas where that source is really coming from. Ms. Sassoon stated that some of the feedback from the last meeting was with regard to the park impact fee increasing from $1,300 per unit to about $8,300 per unit. She stated that that fee was a ceiling —it was the maximum they could justify using the study —and the Council certainly had the discretion to set it lower if they wanted to. She stated that it was completely a policy choice as to whether they wanted to have that revenue to build those facilities and do that rehabilitation. Ms. Sassoon stated that they could do as many projects as they wanted as long as they had the money to pay for them. 16 12/19/2005 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that staff move forward and that they work in concert with members of the Council on their concerns about whether particular fees are too high or how to amend the study to better suit their needs. (Note: No vote was taken.) Council Member/Commissioner McGinnis stated that he had felt for a long time that the City was way behind on its fees. Council Member/Commissioner McCammack stated that she knew the commercial side of it would continue to grow. She stated that she was concerned that they would end up having property values that were less expensive than the majority of the surrounding cities, which would deter development in the City of San Bernardino. Council Member/Commissioner Kelley stated that the Council needed to be mindful that where there is commercial property, there are also retail centers. He stated that his biggest concern is to make sure that the mistakes of the past are not repeated —that the Verdemont Infrastructure Fee is studied and they make sure there is nothing to build out to pay for Verdemont. Council Member/Commissioner Longville stated that without implementation of new fees, they didn't have the mechanism in place to justify the $290,000 for traffic projects. Mark Lancaster stated that this was the basis for incorporating our development impact fee program into the regional system to SANBAG, which had to be done by November 1, 2006, and he preferred that it be done with this Council rather than having to revise the whole thing and cause a delay. Council Member/Commissioner Estrada stated that she felt the City could not afford to put this off any longer. She stated that one of her greatest concerns has always been in the area of parks because if you look at the park acreage the City has gained over the last 25-30 years it is minimal, except for the soccer fields, while the population has doubled from 100,000 to 200,000 people. She stated that you need to have parks and we need to be able to have the money to build those parks. Council Member/Commissioner Derry stated that he was leery of moving forward until he heard what the building industry had to say. Council Member/Commissioner McCammack asked what the next steps would be if there were enough votes to pass the Nexus study. 17 12/19/2005 Ms. Sassoon stated that staff would begin to prepare the implementing ordinances or resolutions, repeal the existing fees and put the new fees in place, schedule a public hearing, finalize the fee study, and meet with BIA staff in early January. Council Member/Commissioner McCammack stated that in other words, if Council passed this today, staff would start working on the resolution for the new fees. Ms. Sassoon stated that that process would take some time. Council Member/Commissioner McCammack stated that ordinances were going to be written based on these fees, unless somebody from this Council was willing to admit that the proposed fees were at least 20 percent too high. Council Member/Commissioner Derry stated that he was not ready to come to a consensus on anything at this point. Council Member/Commissioner Kelley stated that he would not be satisfied until he received his infrastructure fee. Council Member/Commissioner Derry stated that he felt the ordinances were going to be pretty basic, and he felt that it was more about the numbers they would add later on. Ms. Sassoon stated that staff would write the ordinances based on the proposed fees that were supported by the Nexus Study. She stated that the Council had the option to change the amount of the fees and could delete new proposed fees where there was no consensus to support, which would save staff some time. Ms. Sassoon stated that the City had retained Scott to work on updating its storm drain fees, but she noted that that study would be done separately and brought forward at a later date. She recommended that they pursue the Verdemont Infrastructure Fee on a parallel track and bring it forward with the storm drain fees, because it was going to take a while —at least 60 to 90 days. City Attorney Penman stated that he had legal concerns in that they were talking about setting the fees without the Nexus Study having been done and his recollection was that the ordinance established the collection of the fees and the imposition of the fees, but the amounts of the fees were usually set forth in a resolution. Ms. Sassoon stated that some were set by ordinance with an implementing resolution. Mr. Penman stated that if staff wanted to work on the ordinances they could, but he advised that the resolution imposing the fees should wait until the Nexus Study 18 12/19/2005 is complete, then the Council could review the Nexus Study and staff could give their instruction. Otherwise, he felt the City would be inviting litigation. Ms. Sassoon stated that the document that was distributed on November 21, 2005, was really the core of the study. They stamped it "draft" because they planned to tweak it a bit, but the Council really already had the Nexus Study —it's done —they just needed to formalize it. She stated that they were going to restructure how they were going to do the traffic systems fee, which had no net impact to the numbers, it was just kind of a bookkeeping issue. She stated that staff was not proposing to update the Verdemont fee, so no study had been made. Mr. Penman stated that the motion, as structured, would finalize these fees. Council Member/Commissioner Longville stated that her motion directed staff to move forward and that they work with the individual Council Members on their respective issues within the Nexus Study. She stated that a Nexus Study meant that according to our consultant and State law, we have justification for charging a specified amount. Ms. Longville stated that according to our consultant this is the maximum amount we can justify without going out on a limb or doing something that isn't already established by other cities in their impact fees. She stated that that doesn't mean that the maximums discussed in the Nexus Study are what is going to come forward in the development fees and in resolution form. Mr. Penman suggested that that language be made part of the motion —that the maximum fees were not being authorized by this motion. Council Member/Commissioner McCammack stated that no action was requested on this agenda item, so she wasn't sure how they could take any action if none was requested. Mr. Penman advised that the Brown Act required that you list the item to be discussed with significant clarity. He stated that past practice has been to list the sample motion or to list it as a workshop to discuss and take possible action. He stated that it would be safer to have it agendized with a proposed motion or to discuss and take possible action. Council Member/Commissioner Longville stated that perhaps the best thing to do was to agendize this matter once again with a motion to move forward to include the caveat as proposed by Mr. Penman. Council Member/Commissioner McCammack stated that they should be prepared to approve it or make some adjustments at that meeting. Council Member/Commissioner Kelley stated that if they couldn't guarantee that the dollars would remain in that area, he couldn't support it. He stated that he 19 12/19/2005 wanted the Verdemont Infrastructure Fee looked at and he preferred that it not be done on a different track —he wanted it all done at the same time. Council Member/Commissioner Derry asked staff if they knew when Rancho Cucamonga last updated their development fees. Ms. Sassoon stated that she did not have that information. Council Member/Commissioner Johnson asked staff to find out when Rancho Cucamonga last updated any of their fees. Ms. Sassoon stated that she would provide Council with that information. It was the consensus of the Council that the matter be continued to the Council/ Commission meeting of January 9, 2006, and agendized for possible action. 31. Workshop to discuss Verdemont area infrastructure issues - Economic Development Agency Boardroom Mark Lancaster, Deputy Director/City Engineer, stated that he had been asked to look at the infrastructure needs of a particular sub -area of the Verdemont area. He stated that the area involved is bounded by Little League Drive, up to the Foothills to the City limits, along the foothills all the way over to Devore Road, and then back down I-215 to Little League Drive. The following materials were distributed and included as part of the record: • Verdemont Infrastructure Fee Study, dated December 2005 • Tract Information in the Verdemont Area (map) • SBMWD Current and Proposed Construction Projects (map) • Project General Plan (map) • Verdemont Water Infrastructure Estimated Costs • Verdemont Area Master Plan (map) Mr. Lancaster discussed four needs and how much it was going to cost to fill those needs in order for development to occur and prosper in the Verdemont area: Potential alignment of an arterial or a collector road between Little League Drive and Cable Canyon Road. Mr. Lancaster stated that this road would serve not only properties between the road and I-215, but it would also serve the properties in the Martin Ranch Development and other properties that are owned privately and are potentially developable in this area. Total projected cost: $8,972,170. 2. Flood Control System. Mr. Lancaster stated that a 1994 study that was done by the San Bernardino County Flood Control District in regard to 20 12/19/2005 Cable Creek and Cable Canyon showed the need for a flood control system in order to be conveyed to an existing channel that was just downstream of Little League Drive. That flood control channel would include either an extension of the existing channel in the manner in which it is built now, with either an earth bottom or a concrete -lined channel, up to a basin that's been identified by the San Bernardino County Flood Control District. This basin is a detention/retention basin, has potential for ground water recharge, and also provides some flood control benefits that include slowing down water that's actually traveling at 60 feet per second or about 40 miles per hour. He stated that the elevation difference from the mountains down to the mouth is about 4,000 vertical feet. Then, once the water hits the mouth it actually has to make a turn and it will be harnessed either in a channel or by levies to get it to flow into the basin that is about 2.6 million cubic yards, which is a huge amount of material, but it could provide material that would actually help raise elevations of pads all along the downstream side of the flood control channel to bring them up above flood level elevations. Mr. Lancaster stated that he made his estimations using a concrete -lined channel, excavation of the entire amount that's been identified by the San Bernardino County Flood Control District for the basin, and then another concrete -lined channel all the way up to the mouth. He stated that that was probably the most expensive way to go and that's how he thought he would approach it. Mr. Lancaster stated that he estimated a trapezoidal channel that would include excavation, lining of the channel, an outlet structure from the basin, and a low -flow culvert that would go into the flood control channel. Total projected cost: $34,269,425. He stated that if it is built with a soft bottom or an unlined channel in the bottom, those costs would go down, and maintenance would increase. He stated that this system could be built in phases and that everything above the bench would not need the flood control channel in order to develop. The properties below the bench would need the flood control channel in order to bring the properties above flood plain levels (100 year storm levels) and to allow for intelligent development. 3. Sewer Facilities. Total projected cost: $1,265,625. Mr. Lancaster stated that they looked at the master system and the existing wastewater system, and they found some deficiencies. 4. Water Supply Facilities. Stacey Aldstadt, General Manager of the Water Department, stated that a good supply of water is available down in the bottom portion of their basin. She stated that they have a continuous 24/7 pumping scheme which requires them to use that water, so they are going to pump it up hill to provide water to Verdemont. Ms. Aldstadt stated that for the last three years they have worked on the infrastructure necessary in the area south and west of Shandin Hills. They've developed a reservoir off of Medical Center Drive and they've developed a lot of pipelines and pump 21 12/19/2005 stations so they can get water to specific areas of San Bernardino. She stated that they recently spoke to the Board of Water Commissioners about how to serve portions of Verdemont and they just completed a Verdemont Master Plan Development Study. She stated that there are areas in Verdemont that they currently cannot serve. However, the Board of Water Commissioners approved a Capital Improvement Plan and budget that would build the infrastructure necessary to get service to certain areas including the Bice property. She stated that they are in the design phase of a major pipeline which will take water from the Palm Avenue Reservoir and bring it up the pipeline to a connector pipeline and then to some boosting stations. Ms. Aldstadt stated that those pipelines were currently under design and would not be inground until the Summer of 2007. She added that they have had extensive discussions with the developers in these areas, and this was not a surprise to them. Ms. Aldstadt stated that in terms of developing transmission capability, for example, the Martin Ranch proposal and for any areas north of the Bice property, they do not currently have the ability to serve those areas and they do not currently have the money to build the facilities to serve those areas. She stated that the Board has indicated that with respect to areas that are what they determine "leap frog development," they are not inclined to pay for the infrastructure in the hopes that the development will come, but if the development is there and is logical and progressive, then they would try to work with the developers and pay for the facilities that they are able to pay for. She stated that in order to get these properties served, the Board had agreed to pay about $12 million in capital improvements to reach the Summer 2007 date. In order to serve those areas, they were looking at something like $37.5 million and she stated that the Board had approved Phases 1 and 2. Ms. Aldstadt stated that there was a little bit of a nomenclature problem because their Verdemont area was greater than the City's scope as defined today, so it's a little difficult to marry up the two, but those numbers were available. Ms. Aldstadt stated that their biggest concern in terms of development in this area is that Cable Creek operates as a huge recharge area for their basin. She stated that staff had discussed the fact that if they wanted to channelize Cable Creek and reduce the area of recharge, that would be something they would want to look at in terms of alternative methods for recharge —like with injection wells. Council Member/Commissioner Longville stated that she questioned whether this area would lend itself to using design standards to capture as much of the natural storm water on site allowing nature to take its course in the design development. She stated that one of the techniques that has been suggested in terms of developing the floodplains is to limit the amount of impervious surfaces that are put in by not necessarily using standard curbs 22 12/19/2005 and gutters and standard box culverts, but rather channelizing that water toward small detention basins. She stated that that would help with the long term natural recharge because ultimately the cleanup of the plumes relies heavily upon this basin continuing to recharge at the rate they always expected that it would. She stated that if they pave it over, that process is going to take longer and be more expensive. Ms. Aldstadt stated that from an engineering standpoint, she did not know whether or not there would be a safety issue, but she encouraged everyone to look at the fact that this is an area of natural recharge that should not be given up because they would lose their ability to replenish a future water supply. Ms. Longville stated that by clustering homes and having flow through areas you could still get housing and create open space that doubles as a safety feature. Council Member/Commissioner Longville stated that she had requested from the very beginning that they start with an overview of how alluvial fan floodplains behave and what to expect in the way of how this floodplain would behave over the next few centuries based on everything they know about alluvial fan flooding, how it can increase after fires and with seismic issues, and how unpredictable it is. Ms. Longville stated that before they look at the last remaining flood plain in San Bernardino they should have some idea of what a flood plain really is and what they could expect from this area. Ms. Longville stated that she thought it was incumbent upon them to learn about alluvial fan floodplains. She stated that the timing of their development is preceding the State's effort to educate all elected officials who face development on floodplains through the Alluvial Fan Floodplain Task Force that's been funded by FEMA and the State of California. Ms. Longville thanked the City Engineer for all the thought he had put into this report. Ms. Sassoon suggested that this matter be continued and that staff schedule a future discussion with the alluvial floodplain experts. 32. Naming new park in honor of former Mayor Tom Minor Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve the naming of a new park, that will be located at the northwest corner of Palm Avenue and Irvington Avenue in Verdemont, in honor of former Mayor Tom Minor. 23 12/19/2005 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION R33. Public hearing - 2005 HOME Funds Loan and Grant Agreement - AHEPA National Housing Corporation and AHEPA Local Arrowhead 302 Chapter for the development of a 90-unit senior housing complex (Continued from December 5, 2005) RES. CDC/2005-46 - 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 the 2005 HOME Funds Loan and Grant Agreement by and between the Agency and AHEPA National Housing Corporation and AHEPA Local Arrowhead 302 Chapter. Mayor Pro Tem/Acting Chairman Derry opened the hearing. Dr. Tony Theodorou expressed his appreciation to the Mayor, City Council, and the City Attorney's Office, and gave special thanks to Maggie Pacheco and her staff for all their help. No additional public comments were received. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; that the Mayor and Common Council of the City of San Bernardino approve an Amendment to the 2005-2010 Five Year Consolidated Plan and the 2005-2006 Annual Action Plan authorizing $840,000 of HOME funds to AHEPA National Housing Corporation and AHEPA Local Arrowhead 302 Chapter; and that said resolution be adopted. The motion carried and Resolution No. CDC/2005-46 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R34. Public hearing - HOME Grant Agreement - Mary's Mercy Center, Inc. for Veronica's Home Transitional Housing Project (Continued from December 5, 2005) 24 12/19/2005 RES. CDC/2005-47 — 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 the HOME Grant Agreement by and between the Agency and Mary's Mercy Center, Inc., a non-profit public benefit corporation. Mayor Pro Tem/Acting Chairman Derry opened the hearing. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; that the Mayor and Common Council of the City of San Bernardino approve an amendment to the 2005-2010 Five Year Consolidated Plan and the 2005-2006 Annual Action Plan authorizing $800,000 of HOME Program Funds to Mary's Mercy Center, Inc.; and that said resolution be adopted. The motion carried and Resolution No. CDC/2005-47 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R35. Implementation of a Homebuyer Assistance Program — California State University San Bernardino Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Community Development Commission approve the implementation of the Homebuyer Assistance Program for California State University San Bernardino. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Johnson. Nays: Council Members/ Commissioners Derry, Kelley, McCammack. Absent: None. 36. Appeal of Planning Commission's denial of Development Permit I No. 05-81 to re -use an existing vacant building as a coin operated laundry facility located at 4399 N. Sierra Way in the CG-1, Commercial General, land use district (Continued from December 5, 2005) Mayor Pro Tem/Acting Chairman Derry opened the hearing. Valerie Ross, City Planner/Deputy Director of Development Services, stated that on August 5, Development Services staff approved a development permit application to establish the coin laundry. She stated that the Wildwood Park Neighborhood Association appealed that approval on the grounds that it was not an 25 12/19/2005 appropriate use at this location and that the layout and design of the building was problematic. Ms. Ross stated that the Planning Commission agreed with the concerns raised by the neighborhood association and they upheld the appeal and denied the development permit. She stated that their determination was appealed by Scott Kron, attorney for the applicant. She stated that staff did not believe that the Planning Commission abused its discretion in overturning staff's determination and no new evidence had been provided to staff as outlined in the appeal; however, staff believed that the Mayor and Council had the discretion to uphold the latest appeal and grant the development permit. Scott Kron, Attorney for the appellant, stated that before Mr. and Mrs. Lee made their investment, they conducted a thorough investigation into their ability to obtain a development permit for a laundry facility. They formed a relationship with a general contractor who had experience in obtaining development permits from the City of San Bernardino. After they fully believed that they could in fact obtain a development permit, they went forward with the sale of their home, moved into an apartment and invested their entire life savings. Mr. Kron stated that on August 5, the Planning Department had approved their development permit and found that the laundry facility met all the requirements and did not violate the law. On September 20, they received notice that someone had appealed their development permit on August 17. Between August 20 and September 20, Mr. and Mrs. Lee, believing that they had a development permit, moved forward with developing their investment. Development came to a halt and the Planning Commission held a hearing on the appeal. The appellants argued that the laundry facility would attract criminal activity; however, the Planning Department had recommended to the Planning Commission that it deny their appeal and uphold the approval of their permit because their staff found no facts and no data that supported the appellant's argument. In addition, the Police Department had signed off on this project. Mr. Kron stated that the Planning Commission ignored its staff's findings, ignored its staff's recommendation, granted the appeal and denied the development permit. The Planning Commission had based its decision on its objective belief that the windows in the front of the building were not large enough for individuals out on the street to see inside the building. Mr. Kron stated that since the Planning Commission hearing and the subsequent denial of the development permit, Mr. and Mrs. Lee have made several modifications to the project to address the concerns of the Planning Commission and the appellants. Mr. Kron referred to Exhibits "A" and "B" in the presentation booklet and pointed out the specific changes that have been made. In addition, Mr. Kron stated that Mr. and Mrs. Lee proposed to erect a wall beginning on the south side rear of the building, extending it north to the top of the building separating the commercial property from the adjacent apartment building, and add a silent alarm. In conclusion, Mr. Kron asked that the Council grant the appeal and approve the development permit. 26 12/19/2005 City Attorney Penman stated that he had been asked by the Mayor's staff to inform counsel of their concern relative to the use of the Mayor's photo and City logo without prior permission. Mayor Pro Tem/Acting Chairman Derry stated that he did not believe it was intended to imply any endorsement. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Mr. Lee, property owner, stated that he had been working on this project for ten months. He stated that before this hearing he went around and asked the neighbors to sign a petition and most people believed it would strengthen the community. Mr. Lee stated that he had received more than 500 signatures on the petition. He asked that he be allowed to open the coin laundry and promised to make it a safe and pleasant place. Mr. Lee stated that he planned to install a security camera system with an emergency alarm system and bright lights inside and outside, and an emergency back door. He stated that he would make a great contribution to the area and would do his best. He asked that he be allowed to get a permit and open his business. City Clerk Clark noted for the record that this morning Mr. Green from the Mayor's Office delivered to her office a petition to establish a coin laundry. She stated that it contained no reference as to whether the petition was in favor or against the laundry as there was no cover letter attached to it. Mr. Kron stated that the petition was entitled, "A Petition to Establish a Coin Laundry," which indicated that it was in favor of establishment of the laundry. The following individuals spoke in opposition to the proposed project: William Jewitt, member of the North San Bernardino Neighborhood Association, 144 W. 42"d Street, San Bernardino, CA; Bob Fisher, 247 E. 42"d Street, San Bernardino, CA; and Mary Cox, member of the Wildwood Park Neighborhood Association, 219 E. 44' Street, San Bernardino, CA, indicated that she had a petition with over 200 signatures of residents that were against the project. Council Member/Commission McGinnis stated that he thought the Planning Commission overstepped its bounds by trying to get the owners to change their building into something they thought would be more admirable. He stated that the decline in property values should not deter people from wanting to do business in our City. 27 12/19/2005 Council Member/Commissioner Kelley stated that having heard from the neighborhood association he knew what it was like to be concerned about your neighborhood. He stated that he noticed there were a lot of vacant buildings there and he felt empty buildings was what brought the bad element to an area. He stated that he would make sure the northern commander was made aware of the issues at the other coin laundries. Council Member/Commissioner McCammack stated that she knew for a fact that the previous property owner closed her business because of the crime and the number of times she was robbed. She stated that apartment complexes that are not properly maintained by owners who don't live there, but who just collect the rent, are the root of probably 80 percent of the crime in our City. She stated that her concern is that there are too many coin operated laundries trying to open in this City and she wished they had been included in the moratorium that was placed on certain types of businesses because of the kind of element that circles around those kinds of businesses and the fact that we don't have enough police officers. She recommended that the Lees open their business in some other City because she didn't believe it was safe to open their business at that location. Council Member/Commissioner Longville stated that the land use process provides this level of checks and balances for the people who live in an area when they can make a good case to their elected representatives that it would be detrimental to the public interest of their neighborhood. She stated that in this case the neighborhood has made a justifiable argument that this use would attract people who could cause crime; therefore, she felt the system worked and she felt she had to uphold the denial of the development permit. Council Member/Commissioner Estrada stated that she constantly tells people who are interested in starting a business that the first thing they must do is come to the San Bernardino Planning Department and find out if that type of business is allowed in that area before any money is invested in that business. She stated that it was difficult for her to go against the very process that she advocates to all people who are interested in establishing a business and she respected the fact that the Lees invested their money based on advice they got from the City. Mr. Penman stated that it is important that people follow the process and go through the Planning Department and that Planning has an obligation to give information as to what is allowed, but it is still under the discretion of the Mayor and Council. He stated that the Mayor and Council are the elected officials who represent the citizens of the community and have a legal right to deny a particular use in an area even if that use is authorized by the General Plan. Mr. Penman stated that that area of town has become tremendously crime ridden and his office is taking steps to reduce the number of apartments in that area with the help of Code Enforcement and the Redevelopment Agency. He indicated that he wanted to go on record expressing his concern about the approval of this type of business in 28 12/19/2005 that area where there are already three coin operated laundromats and the further negative impact they are concerned this will have on the residents in that area. Council Member/Commissioner Johnson stated that he was concerned with the design of the building. He stated that laundromats usually have large viewing windows and he believed this building was not capable of handling that type of business. Council Member/Commissioner McCammack stated that she felt the Council could legally conclude that the proposed development would not be compatible and that there is already an over proliferation of laundromats in the area. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's denial of Development Permit I No. 05-81, based upon the Findings of Fact. The motion carried by the following vote: Ayes: Council Members/ Commissioners Longville, Derry, Kelley, Johnson, McCammack. Nays: Council Members/Commissioners Estrada, McGinnis. Absent: None. 37. Public Comments Christian Tobar, 103 E. 49' Street, San Bernardino, CA, submitted a letter for inclusion into the record and spoke regarding his belief that a major factor in crime and quality of life problems was due to apartment buildings. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke about the prison system, zero tolerance, and the implementation of random drug testing for law enforcement officers. Billy Joe Chacon, dba Chacon Masonry, expressed his concerns about the high rate of speed of drivers on Kendall Drive near the Castaway Restaurant, where he is currently doing some work, and he requested some type of protection from the City. Joe Barron, expressed his concerns and suggested that there should be stricter laws regarding the way kids are dressing and their lack of respect for authority. Harold Pilant, 1925 College Avenue, Apartment No. 187, San Bernardino, CA, requested that a flag be allowed to be flown at the Senior Center at Fifth and "F" Streets; and he stated that the City should regulate its tow companies. 29 12/19/2005 Patty Davenport stated that the City of San Bernardino has a homebuyer's assistance program that has not been approved by the State of California. She stated that she has been working on this for about a year and has had no resolution to date. 38. Adjournment At 7:04 p.m., the meeting was adjourned to 1:30 p.m., Monday, January 9, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 38 No. of Hours: 7 RACHEL G. CLARK City Clerk By Linda Sutherland Deputy City Clerk 30 12/19/2005