HomeMy WebLinkAbout02-21-2006 MinutesSan
Mayor Judith Valles
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street Susan Longville
Gordon McGinnis
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 21, 2006, 12 NOON
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 Valles at 12:18 p.m., Tuesday, February 21, 2006, in the Economic
Development Agency Boardroom, 201 North "E" Street, San Bernardino, California.
Roll Call
Roll call was taken by Deputy City Clerk Medina with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Johnson; Senior Assistant City Attorney Calkins, Deputy City Clerk
Medina, City Administrator Wilson. Absent: Council Members/Commissioners
Kelley, McCammack.
1. Workshop relative to alluvial fans
Doug Hamilton, a Civil Engineer with Exponent of Irvine, CA made a
PowerPoint presentation regarding alluvial fans and the associated flood
hazards, with his primary focus being on the alluvial fan flood hazards in the
Verdemont area. He explained how flood risks are calculated, noting that fires
contribute to the degree of flood hazard, and the role of the Federal Emergency
Management Agency (FEMA) in dealing with alluvial fan flooding areas.
According to Mr. Hamilton, all of the areas in Southern California with the
highest predictions for population growth have these flood plains and alluvial
fans.
No formal action was taken on this matter.
02/21 /2006
Recess Meeting
At 1:05 p.m., the meeting recessed to 1:30 p.m. for regular session.
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 1:35 p.m.,
Tuesday, February 21, 2006, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
Roll Call
Roll call was taken by Deputy City Clerk Medina with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Longville, McGinnis,
Derry, Johnson; Senior Assistant City Attorney Calkins, City Administrator Wilson,
Deputy City Clerk Medina. Absent: Council Members/Commissioners Estrada,
Kelley, McCammack.
Council Member/Commissioner Kelley Arrived
At 1:40 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
Council Member/Commissioner Estrada Arrived
At 1:42 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a).
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:
City of San Bernardino v. County of San Bernardino
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Public Employee Discipline/Dismissal/Release
2 02/21/2006
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino Police Officers' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Senior Assistant City Attorney Calkins announced that the following additional
item would be discussed in closed session under Agenda Item No. 113,
Conference with legal counsel - anticipated litigation - significant litigation:
Agenda Item No. 40
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Moment of Silence
Mayor/Chairman Valles expressed condolences to the families and requested a moment
of silence in memory of David Hilton, a lifelong resident of San Bernardino, who
founded Hilton's Flowers and Gifts in 1953 and was a founding member of the
Arrowhead Country Club; and Hector O'Campo, one of San Bernardino's most civic
minded citizens who served on the City's Civil Service Board for 21 years.
Invocation/Pledge of Allegiance
The invocation was given by Rabbi Douglas Kohn of Congregation Emanu El, followed
by the pledge of allegiance, led by Armando Loza of Ramona Alessandro Elementary
School.
2. Appointment - Judith Hubert - Animal Control Commission - Mayor Valles
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the appointment of Judith Hubert to the
Animal Control Commission, as requested by Mayor Valles, be approved.
3 02/21/2006
7
9
The motion carried by the following vote: Ayes: Council Members/
Commissioners Longville, McGinnis, Derry, Kelley, Johnson. Nays: None.
Absent: Council Members/Commissioners Estrada, McCammack.
Proclamations & Presentations
Mayor/Chairman Valles presented certificates of appreciation to Willie Silva,
who volunteered invaluable clerical and administrative staff support in the
Mayor's office for eight years, and Diane Adams, who volunteered many hours
to establish the Mayor's new ACT database program, which consolidated,
edited, and updated all previous databases.
Larry Sharp, Vice President of the Inland Empire Transportation Coalition,
made a presentation relative to the Inland Empire Transportation Infrastructure.
June Durr, Public Information Officer, Mayor's Office, read the names of the
following individuals who were presented a service pin award by
Mayor/Chairman Valles in recognition of their many years of dedicated service
to the City:
Name
Department
Susan Freese
Animal Control
Beverly Natividad
Development Services
Gary Powell
Parks, Recreation &
Community Services
Ricky Standley
Parks, Recreation &
Community Services
Gilbert Villasenor
Parks, Recreation &
Community Services
Robert Goss
Police
Sherri Roberts
Police
Susan Tuxen
Police
Marvin Riddle
Public Services
Announcements
Years of Service
5
5
5
5
5
15
20
15
35
Announcements were made by the Mayor, members of the Common Council,
and other elected officials regarding various civic and community events and
activities.
4 02/21/2006
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, 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. Nays:
None. Absent: Council Member/Commissioner McCammack.
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, 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:
December 19, 2005; January 9, 2006; and January 23, 2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated February 15,
2006, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
8. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Chief Examiner, dated February 15, 2006 in accordance with Civil Service rules
and Personnel policies adopted by the Mayor and Common Council of the City
of San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
5 02/21/2006
9. ORD. MC-1214 - An Ordinance of the City of San Bernardino amending
Title 6 of the San Bernardino Municipal Code relating to animals. FINAL
READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be adopted.
Ordinance No. MC-1214 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
10. RES. 2006-42 - 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.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-42 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
11. RES. 2006-43 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Professional Services Agreement between
Mundell, Odlum & Haws and the City of San Bernardino regarding
representation related to conducting a personnel investigation.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-43 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
12. 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.
6 02/21 /2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council confirm
the need for continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
13. RES. 2006-44 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, reciting the facts of the General Municipal
Election held in said city on the 7th day of February 2006, declaring the
results thereof and setting forth such other matters as are provided by law.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-44 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
14. Certification of Northwest Project Area Committee election results —
January 24, 2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council declare
that the adopted procedures for the Northwest Project Area Committee election
held on January 24, 2006, were followed and further declare as official the
results of the Northwest Project Area Committee Election, as set forth in the
Certificate of Election results dated January 30, 2006, and the accompanying
tally sheet; and that the Community Development Commission recommend
approval of the Northwest Project Area Committee as elected on January 24,
2006.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
15. Ordinance of the City of San Bernardino adding Chapter 2.77 to Title 2 of
the San Bernardino Municipal Code relating to the Santa Ana River Trail
Commission. FIRST READING
7 02/21 /2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
16. RES. 2006-58 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Agreement with
GFR Enterprises, Inc. for the dedication and improvement of a 4-acre park
at the southeast corner of Irvington Avenue and Chestnut Avenue.
INl
Note: Agenda Item Nos. 16 and 17 were considered simultaneously.
Council Member/Commissioner Kelley thanked Development Services Director
James Funk for his work on these items, as well as the developers, GFR Homes
Enterprises, Inc. and J. R. Watson and Associates Development Co.
James Funk, Director of Development Services, provided background
information and identified the locations of the proposed seven parks to be
created at no out-of-pocket expense to the City, and highlighted the deal points
of the two park agreements. He provided four examples of parks which are
currently under construction, in addition to the seven parks already mentioned,
to explain the methodology and strategy that staff has been using to create these
parks at very little expense to the City.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-58 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
RES. 2006-59 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute a Parks Dedication and
Improvements Agreement with J. R. Watson & Associates Development Co.
for six parks and trail systems.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
8 02/2 t /2006
Resolution No. 2006-59 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
18. RES. 2006-45 - Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission of the County of
San Bernardino for the expansion of the Sphere of Influence of the City of
San Bernardino and annexation of unincorporated territory located in the
Arrowhead Springs area, generally northerly and northeasterly of State
Highway 18 and Old Waterman Canyon Road.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-45 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
19. Authorization to proceed — proposed vacation of the north -south alley, west
of Mount Vernon Avenue, north of 5' Street
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services and
the City Clerk be authorized to proceed with the proposed vacation of the north -
south alley, west of Mount Vernon Avenue, north of 5' Street; and that Plan
No. 11664 showing the proposed vacation of the north -south alley, west of
Mount Vernon Avenue, north of 5' Street, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
20. RES. 2006-46 - Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission for providing City
sewer services to property within unincorporated territory located at 1959
Porter Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to initiate proceedings for the provision of City sewer services
outside of City boundaries for property located at 1959 Porter Street; and that
said resolution be adopted.
9 02/21/2006
The motion carried and Resolution No. 2006-46 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
21. RES. 2006-47 - Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission for providing City
sewer services to property within unincorporated territory located at 3752
Duffy Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to initiate proceedings for the provision of City sewer services
outside of City boundaries for property located at 3752 Duffy Street; and that
said resolution be adopted.
The motion carried and Resolution No. 2006-47 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
22. RES. 2006-48 - Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission for providing City
sewer services to property within unincorporated territory located at 4136
Mountain Drive.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to initiate proceedings for the provision of City sewer services
outside of City boundaries for property located at 4136 Mountain Drive; and
that said resolution be adopted.
The motion carried and Resolution No. 2006-48 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
23. RES. 2006-49 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Bonadiman-McCain, Inc. for
street improvements per Revision No. One of Drawing No. 11393 at
Chestnut Avenue from Station 14+21.53 to Irvington Avenue (SS-C 05/06),
per Plan No. 11393.
10 02/21 /2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 05/06 budget by transferring $78,000 from Account No. 129-
367-5504-7384 (SSO4-67) "Bridge Repair Railing at Baseline Street and Warm
Creek" to Account No. 129-367-5504-7669 "Chestnut Avenue between
Washington Avenue and Irvington Avenue"; and that said resolution be adopted.
The motion carried and Resolution No. 2006-49 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
24. Authorize the Director of Development Service to execute Contract Change
Order No. One to contract with Nikola Corporation for sewer
improvements on Victoria Avenue (SW04-32), Cooley Drive (SW04-33),
Richardson Street (SW04-34), Cooley Avenue (SW04-35); and street
improvements on Victoria Avenue (SSO4-120), Cooley Drive (SW04-33), "I"
Street (SW04-30), 35' Street (SW04-31), per Plan No. 11237 and
authorization for the Director of Finance to amend the FY 2005/06 budget.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2005/06 budget as follows:
a) Transfer $14,000 from Account No. 129-367-5504-7156 "SS-C Street
and Safety Improvements" to Account No. 129-367-5504-7463 "SSO4-
120 Victoria Avenue Street Improvements"; and
b) Transfer $39,900 from Account No. 245-365-5504-7458 "SW04-35
Cooley Avenue Sewer Main" to Account No. 245-365-5504-7427
"SW04-27 `I' Street Sewer Main", and
c) Transfer $16,500 from Account No. 245-365-5504-7458 "SW04-35
Cooley Avenue Sewer Main" to Account No. 245-365-5504-7428
"SW04-28 35' Street Sewer Main", and
d) Transfer $9,600 from Account No. 245-365-5504-7460 "SW04-33
Cooley Drive Sewer Main" to Account No. 245-365-5504-7459 "SW04-
34 Richardson Street Sewer Main", and
e) Transfer $407,800 from Account No. 245-365-5504-7458 "SW04-35
Cooley Avenue Sewer Main", $20,500 from Account No. 245-365-
5504-7460 "SW04-33 Cooley Drive Sewer Main", and $58,800 from
Account No. 245-365-5504-7461 "SW04-32 Victoria Avenue Sewer
Main" to Account No. 245-365-5504-7463 "SSO4-120 Victoria Avenue
Street Improvements", and
11 02/21 /2006
that the Director of Development Services be authorized to execute Contract
Change Order No. One in the amount of $47,456.19 to contract with Nikola
Corporation for sewer improvements on Victoria Avenue (SW04-32), Cooley
Drive (SW04-33), Richardson Street, (SW04-34), Cooley Avenue (SW04-35)
and street improvements on Victoria Avenue (SS04-120), Cooley Drive (SW04-
33), "I" Street (SW04-30), 35 h Street (SW04-31), per Plan No. 11237.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
25. Authorize refund of a portion of the Traffic Systems Fee for Case No. DPII
03-15 "Mattel Warehouse Distribution Center"
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2005/06 CIP budget and appropriate $53,000 (rounded) from the
Traffic System Construction Fund balance to Account No. 250-370-5181 (other
operating expenses); and that the Director of Finance be authorized to issue a
refund to Hillwood Development in the amount of $52,952.82 from Account
No. 250-370-5181 (Traffic System Construction Fund - other operating
expenses).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
26. RES. 2006-50 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of a Reimbursement Agreement
with the City of Riverside for street improvements to Commercial Road and
Hunts Lane.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to transfer $80,000 from Account No. 240-
379-5505-0000 to new Account No. 240-379-5504-7670.
The motion carried and Resolution No. 2006-50 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
12 02/21/2006
27. ORD. MC-1215 - An Ordinance of the City of San Bernardino amending
Chapter 15.12 of the San Bernardino Municipal Code concerning the
mitigation of earthquake hazards in unreinforced masonry buildings.
FINAL READING
Note: Although Council Member/Commissioner Estrada seconded the motion
to approve the Consent Calendar items, she indicated she would be abstaining
on this item due to the fact that her employer occupies an unreinforced masonry
building.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be adopted.
Ordinance No. MC-1215 was adopted by the following vote: Ayes: Council
Members/Commissioners Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner Estrada. Absent:
Council Member/Commissioner McCammack.
28. RES. 2006-51 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Contract and issuance of
an annual purchase order with two one-year options to A Security Max,
Inc. for security guard services at the San Bernardino Metrolink Station in
the amount of $119,450.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-51 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
29. RES. 2006-52 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to
Fairview Ford for the purchase of two 2006 F-250 4WD crew cab pick up
trucks, and one 2006 F-250 2WD crew cab pick up truck to be utilized by
the Public Services Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2005/06 budget by
transferring $74,300 from Account No. 132-431-5704, Miscellaneous
Equipment, to Account No. 132-431-5701, Motor Vehicles.
13 02/21/2006
The motion carried and Resolution No. 2006-52 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
30. RES. 2006-53 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding bid to Matich Corporation for paving services,
labor and materials, and increase a purchase order for Matich Corporation
an additional amount of $2,781,700.00 for a not to exceed total amount of
$4,263,000.00.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-53 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
31. RES. 2006-54 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to purchase order for Pavement
Recycling Systems Inc.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-54 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
32. RES. 2006-55 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Turf
Star, Inc. for a Toro riding mower to be utilized by the Parks and
Recreation Department.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-55 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
14 02/21 /2006
33. RES. 2006-56 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of the Fifth Amendment to the
Limited Access Easement Agreement between the City and Rancon Realty
Fund IV to extend the term of Agreement relating to the former Waterman
Landfill.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-56 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
34. ORD. MC-1216 - An ordinance of the City of San Bernardino, California,
amending Chapter 13.32 of the San Bernardino Municipal Code entitled
Wastewater Facilities; to revise industrial limits for discharge into the sewer
system, to require compliance with federal and state wastewater standards,
to revise penalties for violation of discharge standards and to make various
technical corrections. FINAL READING
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be adopted.
Ordinance No. MC-1216 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
35. Item deleted
36. RES. 2006-57 - A Resolution of the Mayor and Common Council of the City
of San Bernardino re -adopting an Enforcement Response Plan establishing
appropriate responses and penalties to non -compliant users who discharge
non -domestic wastewater to the San Bernardino Water Reclamation Plant
and repealing Resolution No. 2006-35.
Note: No Staff Report was provided.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
15 02/21 /2006
37
Resolution No. 2006-57 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
RES. 2006-60 - Resolution of the City of San Bernardino authorizing the
Police Department to apply for an Indian Gaming Local Community Benefit
Grant in the amount of $936,000, and authorizing the expenditure of said
grant funds for designated law enforcement purposes.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2006-60 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: None. Absent: Council Member/Commissioner
McCammack.
Resolutions proposing an amendment to the City Charter relating to the
salary of Council Members
RES. 2006-61 - Resolution of the
amendment to the Charter of said
salary of Council Members.
City of San Bernardino proposing an
City of San Bernardino relating to the
(38A)
RES. 2006-62 - Resolution of the Mayor and Common Council of the City
of San Bernardino calling a Special Municipal Election on a proposed
Charter Amendment relating to the salary of the Council Members and
requesting that said City of San Bernardino's Special Municipal Election be
consolidated with the June 6, 2006 Statewide General Election conducted by
the County of San Bernardino. (38B)
RES. 2006-63 - Resolution of the City of San Bernardino submitting to the
qualified electors of said City for their approval a proposed Charter
Amendment relating to the salary of Council Members; transmission of the
proposed Charter Amendment to the Office of the City Attorney for
purposes of preparation of an impartial analysis. (38C)
Council Member/Commissioner Derry provided background information on the
current salary of City Council members and the rationale and methodology for
increasing their salary. He advised that if the matter was to be placed on the
June ballot it would be necessary to take immediate action, since it has to be
forwarded to the Registrar of Voters by March 10.
16 02/21/2006
Mayor/Chairman Valles and Council Members/Commissioners Estrada,
Longville, and McGinnis expressed support of the proposal, although Ms.
Estrada did contend that they know full well when they run for office what the
job pays.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that said resolutions A-C, be adopted.
Resolution Nos. 2006-61, 2006-62, and 2006-63 were adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
39. Item deleted
40. Discuss and take possible action regarding funding to repair Cable Canyon
Road
Council Member/Commissioner Kelley stated that there are some residents in
the northern part of the city who need some help —that during the Christmas
Day floods near Cable Canyon there was some damage done to the road,
followed by 14 days of rain, during which time the residents were trapped in
their homes. He advised that in working with staff they have looked at some
ways that they might be able to construct 3,000 linear feet of new road, 28 feet
wide.
Mr. Kelley acknowledged that there was a great deal of debate on whether the
City should or should not do this, including what the legal ramifications might
be, but he thought that after all was said and done that it was the right thing to
do.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council construct
3,000 linear feet of new road, 28 feet wide, at a cost of approximately
$250,000.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Derry, Kelley. Nays: Council Members/Commissioners
Estrada, Longville, Johnson. Absent: Council Members/Commissioners
McGinnis, McCammack.
Council Member/Commissioner Johnson - Mayor Pro Tem
At 6:05 p.m., Council Member/Commissioner Johnson assumed the duties of Mayor
Pro Tem.
17 02/21/2006
41. Public hearing - Development Code Amendment No. 05-06 to establish
standards for mixed -use development and permit mixed -use development
subject to approval of a Conditional Use Permit in the CR-2, CG-2, CG-3,
and CG-4 land use districts; General Plan Amendment No. 05-12 to change
the land use designation of approximately 1.3 acres from CO-1,
Commercial Office to CG-2, Commercial General; Tentative Tract Map
No. 17704 to create a 1-lot condominium subdivision; and Conditional Use
Permit No. 05-17 to construct 12 three-story mixed -use residential detached
dwelling units
An Ordinance of the City of San Bernardino amending Chapter 19.06
(Commercial Districts), Sections 19.06.020, Table 06.01 (K) (5) and (14),
Section 19.06.030, Table 6.03 and Section 19.06.030 (2) of the San
Bernardino Municipal Code (Development Code) related to mixed -use
commercial and residential development (including Artist Colony and
Combination Residence/Office). FIRST READING
RES. 2006-64 - Resolution of the City of San Bernardino adopting General
Plan Amendment No. 05-12 to the General Plan of the City of San
Bernardino, to amend the General Plan Land Use Designation from CO-1,
Commercial Office, to CG-2, Commercial General, for one parcel located
on the north side of 3`d Street, approximately 240 feet east of Sierra Way.
Mayor Pro Tem/Acting Chairman Johnson opened the hearing.
James Funk, Director of Development Services, provided background
information and reviewed highlights of the staff report.
Ali Cayir, President, Transtech Engineers, made a PowerPoint presentation of
the proposed project, which included visual elevations of the proposed units.
Developer Charles Diamond, 101 Main Street, Seal Beach, CA, expressed
support of the concept and the proposed project.
George Jordan, Vice President, ANR Homes, 357 West Second Street, San
Bernardino, CA, expressed support of the project, stating that it will offer an
alternative for people who want to work downtown, but also want to work out
of their homes. He encouraged approval of what he believes is a well -designed
project of this nature.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; that said ordinance be
laid over for final adoption; that said resolution be adopted; and that the Mayor
and Common Council adopt the Mitigated Negative Declaration and Mitigation
18 02/21 /2006
Monitoring/Reporting Program; and approve Tentative Tract Map No. 17704
and Conditional Use Permit No. 05-17 based upon the Findings of Fact
contained in the Planning Commission staff report, subject to the Conditions of
Approval and Standard Requirements.
The motion carried and Resolution No. 2006-64 was adopted by the following
vote: Ayes: Council Members/Commissioners Longville, Derry, Kelley,
Johnson. Nays: None. Absent: Council Members/Commissioners Estrada,
McGinnis, McCammack.
42. Public Comments
Reverend Betty Long, 11711/2 West Sixth Street, San Bernardino, CA, spoke
regarding crime in San Bernardino and eminent domain.
Deanna Adams, 1156 North "F" Street, San Bernardino, CA, stated that in
1980 the City had a great deal of water; however, we have had five years of
drought and we no longer have excess water to sell.
Billie Tribbett, 10630 Town Center Drive #120, Rancho Cucamonga, CA,
representing the California Manufactured Housing Institute, a nonprofit trade
association that represents the entire industry, including the rights of mobile
home owners and manufactured home owners, asked the Mayor and Council to
take careful consideration to protect the rights of the current mobile home
owners and the mobile home parks that have been established for awhile as they
go forward with their consideration of Development Impact Fees. She noted
that there are a lot of replacement units coming in and development fees have
already been paid in those parks, and it could become very cost prohibitive for
the new development coming into the parks. She asked for clarification of their
rights and indicated that, if necessary, they will be asking for some exemptions
as they have gotten in many of the surrounding cities.
Council Member/Commissioner Derry verified with City Administrator Wilson
that if a manufactured home is replaced it would not fall under the new fee
structure because it is basically a replacement of an existing structure for all
intents and purposes under the fee structure.
Additionally, City Administrator Wilson stated that he would sit down and
discuss with Ms. Tribbett what is being proposed, and he would do that prior to
the next meeting.
19 02/21 /2006
43. Adjournment
At 6:22 p.m. the meeting adjourned to 5:00 p.m., Monday, March 6, 2006, at
the Clarion Hotel Convention Center, 295 N. "E" Street, San Bernardino,
California.
No. of Items: 43
No. of Hours: 5
RACHEL G. CLARK
City Clerk
By: 2. A��U
Linda E. Hartzel
Deputy City Clerk
20 02/21/2006
City Clerk (1)
Mayor Judith Valles
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. `D"Street Susan Longville
nis
San Bernardino, CA 92418 cordon McGiNeil Derry Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCammack
AGENDA
JOINT REGULAR MEETING
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
TUESDAY, FEBRUARY 21, 2006 - 12 NOON
ECONOMIC DEVELOPMENT AGENCY BOARDROOM
201 NORTH "E" STREET
SAN BERNARDINO, CALIFORNIA
The City of San Bernardino recognizes its obligation to provide equal access to those
individuals with disabilities. Please contact the Director of Facilities Management
(384-5244) two working days prior to the meeting for any requests for reasonable
accommodation to include interpreters.)
CALL TO ORDER:
PRESENT:
ABSENT:
Council Office
12 NOON WORK SHOP
Workshop relative to alluvial fans - Economic Development Agency
Boardroom.
2. Adjournment.
MOTION: That the meeting be adjourned.
02/21/2006