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HomeMy WebLinkAbout10-02-2006 MinutesCITY OF SAN BERNARDINO 300 N. `D " Street San Bernardino, CA 92418 Website: www.sbcity.org Mayor Patrick J. Morris Cmmril Momh.r - G3..." z3....... Dennis J. Baxter Vacant Neil Derry Chas Kelley Rikke Yon Johnson Wendy McCammack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 2, 2006 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Morris at 1:41 p.m., Monday, October 2, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by Assistant to the City Clerk Medina with the following being present: Mayor/Chairman Morris; Council Members/Commissioners Baxter, Kelley, Johnson, McCammack; City Attorney Penman, Assistant to the City Clerk Medina, City Manager Wilson. Absent: Council Members/Commissioners Estrada, Derry. Vacant: Third Ward. Council Member/Commissioner Estrada Arrived At 2:20 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): 11110100111.1 RDA v. Alvarez, et al. - United States District Court Case No. EDCV 02-142 RT (SGLx) and San Bernardino Superior Court Case No. SCVSS 86091; Santos v. St. Bernardine's - San Bernardino Superior Court Case No. SCVSS 128824; Center for Biological Diversity (Petitioner) v. City, et al. - San Bernardino Superior Court Case No. SCVSS 132463; Bio-Mass, A California Corporation, et al. v. City of San - San Bernardino Superior Court Case No. SCVSS 83473; James Kemp v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 130936. 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: Stewart Cumming v. Northwest Project Area Committee and the Redevelopment Agency Claim filed by City of Riverside/Gage Canal Company C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino and the Redevelopment Agency of the City of San Bernardino v. Upham Development Company, El Corte Ingles, S.A. Company, The Harris Company, and LNR San Bernardino, LLC D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director 2 10/02/2006 Employee Organizations: Police Management Fire Management General Bargaining Unit Mid -Management Unit Management Confidential Unit G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: Uptown Redevelopment Project Area (La Placita Project) 1. Property: Vacant Land APN: 0138-301-08 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, and Alice E. Spar, et al., property owner(s) Under Negotiation: Purchase price, terms and conditions Central 2. 791 n u Property Address: Area 795 West 5' Street, San Bernardino APN: 0134-093-41 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Tien Lee International Limited Corp., Ha -Ram, Inc., and Fu San Limited, Inc., property owners/sellers Under Negotiation: Purchase price, terms, and conditions Property Address: 696 West 5' Street, San Bernardino APN: 0134-061-21, 22, 25 and 30 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Bruce C. Ko, Christopher C. Ko and Henry C. Ko, property owners/ sellers Under Negotiation: Purchase price, terms, and conditions Property Address: 673 West 5' Street, San Bernardino APN: 0134-101-02 and 03 3 10/02/2006 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and San Bernardino School Property and Gerardo Garcia, property owners/sellers Under Negotiation: Purchase price, terms, and conditions Central City North Redevelopment Project Area (Old Towne) 5. Property Address: 631 North "G" Street, San Bernardino APN 0134-021-29 Negotiating Parties: Maggie Pacheco, Executive Director, on behalf of the Redevelopment Agency, as buyer, and Willie and Jerry Wagoner and Rose Harris, et al., property owners/sellers Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following additional case would be discussed in closed session: Arlene Still v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 132003. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Reverend David Randolph, Chaplain at San Bernardino Community Hospital, followed by the pledge of allegiance, led by Emily Martinez, a student at Ramona -Alessandro Elementary School. 2. Appointments • Frank M. Guzman - Community Television Commission - Council Member McCammack • Council Member Estrada - Personnel Committee - Mayor Morris Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the appointments of Frank Guzman to the Community Television Commission, as requested by Council Member McCammack; and Council Member Estrada to the Personnel Committee, as requested by Mayor Morris, be approved. 4 10/02/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 3. Presentations & Proclamations Mayor Morris presented a Certificate of Recognition to Donna Tuttle, owner of the Inland Empire 66ers, in honor of the team winning its 5' California League Championship. Mayor Morris presented a Certificate of Commendation to Lindy Torbert, volunteer manager of the San Bernardino Community Gardens for the past 29 years, for his outstanding support and dedication. Mayor Morris presented a proclamation designating the week of October 8-14, 2006, as Fire Prevention Week to Deputy Fire Chief Michael Conrad and Fire Marshal Doug Dupree. Becky Estrella introduced herself to the Mayor and Common Council as the new Public Affairs Manager for the Southern California Gas Company. Councilwoman Esther Estrada presented the Citizen of the Month Award to Adrienne Schubert, Vice -President and Administrator of Mary's Mercy Center, Inc. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 5 10/02/2006 6. Council Minutes Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the minutes of the following meeting(s) of the Mayor and Common Council/Community Development Commission be approved as submitted in typewritten form: August 21, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 7. Claims & Payroll Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the claims and payroll and the authorization to issue warrants as listed in the memorandum dated September 18, 2006, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 8. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the personnel actions, as submitted by the Chief Examiner, dated September 27, 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, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 9. ORD. MC-1231 - An Ordinance of the City of San Bernardino amending Section 5.04.525(D) of the San Bernardino Municipal Code and adding Section 5.04.525(H) to the San Bernardino Municipal Code relating to Business Registration fees based on gross receipts. FINAL READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1231 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 6 10/02/2006 10. RES. 2006-347 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Hillcrest Contracting, Inc. for street improvements and beautification project on Victoria Avenue from 28`" Street to Lynwood Drive - Phase I (SS05-25), per Project Plan No. 11619. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-347 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 11. RES. 2006-348 - Resolution of the Mayor and Common Council of the City of San Bernardino of intention to make application to the Local Agency Formation Commission for annexation of various county islands. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-348 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 12. RES. 2006-353 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a contract with and issuance of a purchase order to Golden Acquisition Corp. D.B.A. EFS West for the construction, start-up and commissioning of a Liquefied Natural Gas/Liquefied to Compressed Natural Gas (LNG/LONG) fueling station at the City Yard in the City of San Bernardino per Plans and Special Provisions No. 11842. Rick Mendoza, 4210 La Palma Avenue, Anaheim, CA, Vice -President of Weaver Electric Inc., stated that he was concerned as to why they were found to be unresponsive to the quote. He stated that during the evaluation process they answered questions that they considered to be clarifications. Mr. Mendoza noted that the recommendation from staff stated that negotiations continued with Weaver Electric Inc.; however, there were no negotiations going on —they were simply clarifying staffs questions. He stated that there is no reason why the City should pay an additional $63,000 for award of this contract because Weaver Electric is highly qualified in the Alternative Fuel Solutions Industry and they were low bidder. James Penman, City Attorney, advised that the Weaver bid was found to be non- responsive by the City's consultant, Gladstein, Neandross & Associates, and was therefore rejected. He stated that Weaver Electric Inc. did not meet the minimum 7 10/02/2006 qualifications as set forth in the project specification because they did not provide a California registered mechanical engineer with five years of experience in cryogenic mechanical design in the bid package. Mr. Penman stated that Weaver was offered the opportunity to clarify this important part of their bid and was unable to show a qualified engineer as part of the proposed project team. Later, Weaver added a qualified engineering firm to the team, but this would constitute post -bid negotiations which is not permitted under Caltrans rules. He stated that the City is required to follow the California Department of Transportation's Local Assistance Procedures Manual in order to remain qualified for CMAQ funds. Mr. Mendoza stated that their interpretation of negotiation is the actual bartering and the exchange of documentation. He stated that they provided clarifications and it was his understanding that the second bidder also provided clarifications, so he was unsure why his clarifications were considered negotiations. Council Member/Commissioner McCammack asked Mr. Mendoza if they had provided the clarifications by the given time. Mr. Mendoza answered in the affirmative. He stated that they worked strictly with the City's consultant and answered all questions in a timely manner. Eric Neandross of Gladstein, Neandross & Associates (GNA) stated that the cryogenic engineering qualification was very important, and they could not find that information within the original bid submitted by Weaver Electric. He stated that in the process of asking for clarification, they asked Weaver to identify which one of their team members had the engineer that was going to stamp the drawings. Mr. Neandross stated that they were unable to find that engineer within the team that was submitted as part of the original bid and that there was another firm that was identified after the submittal of the original bid during the clarification process. He stated that it was their opinion that that would be accepting new information that was not part of the original bid. Mr. Mendoza stated that they had provided a list of engineers in the original proposal who had all the necessary qualifications. Council Member/Commissioner McCammack stated that the clarification that was being discussed was not clear. She stated that the consultant was suggesting that this was new information and Mr. Mendoza was stating that this was not new 'information. Mr. Penman stated that his office had determined that Weaver came forward with the qualified engineer during the post -submittal period —that it was not part of the original submittal. Council Member/Commissioner McCammack made a motion to continue this item. The motion failed for lack of a second. 8 10/02/2006 Mayor Morris stated that this matter was reviewed by the department, the consultant, and by Mr. Penman's Office, and they all reached the same conclusion —that the bid did not meet the requirements. Council Member/Commissioner Estrada stated that it appeared to her that the actions that were taken were done after the fact in terms of trying to comply with that part of the requirement in the bid package. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council find the Weaver Electric Inc. bid non -responsive; that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2006/2007 adopted budget and appropriate $400,200 from the Refuse fund balance to Account No. 527-415- 5193-7449 and appropriate $400,200 from the Sewer fund balance to Account No. 132-431-5193-7449. In addition, the Director of Finance is authorized to increase revenue and expenditures in Account Nos. 242-000-4658 and 242-362- 5504-7449 in the amount of $91,200 for the additional CMAQ funds to be received for the project. The motion carried and Resolution No. 2006-353 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 13. Reject all bids and solicit new bids for the Air Conditioning Equipment & Boiler Replacement for Norton Gym Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the Mayor and Common Council authorize the Purchasing Manager to reject all bids received for RFQ F-07-08 air conditioning equipment and boiler replacement for Norton Gym, and authorize the Purchasing Manager to solicit new bids. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 14. Set a workshop with State Senator Bob Dutton for November 20, 2006, at 5 p.m. in the MIC Room, 6' Floor of City Hall Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that a workshop be scheduled for Monday, November 20, 2006, at 5 p.m. in the MIC Room, 6" Floor, City Hall. 9 10/02/2006 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 15. RES. 2006-349 - Resolution of the Mayor and Common Council of the City of San Bernardino amending Resolution 2006-299 approving a certain Memorandum of Understanding in connection with the application to the State of California for the designation of an Enterprise Zone within a portion of its territorial jurisdiction. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-349 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 16. RES. 2006-350 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of Amendment No. 2 of the Title III-B Contract through the County of San Bernardino Department of Aging and Adult Services (DAAS) for assisted transportation for the period July 1, 2006 through June 30, 2007. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-350 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 17. RES. 2006-351 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of Amendment No. 2 of the Title III-B Contract through the County of San Bernardino Department of Aging and Adult Services (DAAS) for senior outreach services for the period July 1, 2006 through June 30, 2007. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-351 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 10 10/02/2006 18. RES. 2006-352 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the Fifth Amendment to the Memorandum of Understanding (MOU) with the San Bernardino County Auto Theft Task Force (SANCATT). Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-352 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 19. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Western Pacific Signal, LLC for the purchase of signal controllers to be utilized by the Street Division. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of October 16, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 20. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to a purchase order with Matich Corporation for asphalt paving services. Note: No resolution was distributed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of October 16, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 21. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Zumar Industries, Inc. for the purchase of traffic signs for repair, removal and replacement of damaged signs, faded signs, vandalized signs, and new installation of signs located throughout the City of San Bernardino. 11 10/02/2006 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/Commission meeting of October 16, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 22. ORD. MC-1232 - An Ordinance of the Mayor and Common Council of the City of San Bernardino, California repealing Chapter 8.21; repealing and replacing Chapter 8.24 of the San Bernardino Municipal Code regarding garbage and rubbish and repealing and replacing Chapter 8.25 regarding scavenging of recyclable materials. FINAL READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1232 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 23. ORD. MC-1234 - An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Chapter 9.90 of the San Bernardino Municipal Code regarding authority to arrest - citations. FINAL READING Note: Agenda Item Nos. 23 and 24 were discussed simultaneously. See Agenda Item No. 24 for public comments. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1234 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 24. ORD. MC-1235 - An Ordinance of the Mayor and Common Council of the City of San Bernardino amending Section 8.39.020 of the San Bernardino Municipal Code regarding nuisance vehicles. FINAL READING Note: Agenda Item Nos. 23 and 24 were discussed simultaneously. Council Member/Commissioner McCammack stated that it was very difficult to understand what the law is, how it will be enforced, and what the penalty will be. 12 10/02/2006 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he understood this ordinance to mean that if a business is not legally licensed to do business in the City of San Bernardino, then their property could be seized. He thought it might be a good idea for the City to send a letter informing its residents that they need to hire licensed gardeners, because if they are caught hauling green waste, there is a very good chance that their vehicles could be seized. Regarding Agenda Item No. 23, Mr. Lindberg stated that the City was creating "garbage cops" who would be issuing citations to citizens who do not correctly sort their recyclable items in their bins. Mr. Lindberg stated that if all the recycling centers are closed, why should the public be expected to pay for the bins only to hand over their recyclable items to the City. Council Member/Commissioner McCammack stated that she wanted to clarify for the public that if anyone is illegally dumping anything out of their vehicle, the City has the right to confiscate that vehicle. She stated that the City is not going to shut down any recycling centers —that the moratorium applied to new recycling centers only. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Baxter, that said ordinance be adopted. Ordinance No. MC-1235 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 25. RES. 2006-354 — Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Shoulder Tap Program grant funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that said resolution be adopted. Resolution No. 2006-354 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 13 10/02/2006 26. RES. 2006-355 - Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the Alcohol Beverage Control Minor Decoy Program grant funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2006-355 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 27. RES. 2006-356 - Resolution of the Mayor and Common Council of the City of San Bernardino amending the Expense and Reimbursement Policy for Legislative Bodies and Ethics Training Policy for Elected and Appointed Officials. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-356 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 28. Public meeting - formation of a Landscape Maintenance Assessment District in the Ohio Avenue and Pine Avenue Area (Tract No. 16547 - AD 1047) Mayor/Chairman Morris opened the public meeting. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Baxter, that the public meeting relative to the formation of the Ohio Avenue and Pine Avenue Area Landscape Maintenance Assessment District No. 1047, be closed; and protests and ballots, if any, be carried over to the public hearing on October 16, 2006, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Derry. Vacant: Third Ward. 14 10/02/2006 29. RES. 2006-357 - Resolution of the City of San Bernardino approving a Services Agreement with Doulames II Limited dba Convert -A -Doc for the provision of document imaging services. (Continued from September 18, 2006) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2006-357 was adopted by the following vote: Ayes: Council Members/Commissioners Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Derry. Vacant: Third Ward. COMMUNITY DEVELOPMENT COMMISSION Staff present: Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack; City Attorney Penman, Assistant to the City Clerk Medina; Economic Development Agency Executive Director Pacheco and Special Counsel Sabo. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. R30. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2006 Property Owner Participation Agreement by and between the Agency and Christopher Cheng-Chyh Ko, Bruce Cheng-Hsieh Ko and Henry Cheng-Ju Ko ("Property Owners") for the development of the property. (696 W. 5'" Street) (Continued from September 18, 2006) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. R31. Public hearing - 2006 HOME Funds Development Agreement for development of four (4) single-family in -fill homes - Arroyo Valley Community Economic Development Corporation (Arroyo), a non-profit corporation (Continued from September 18, 2006) 15 10/02/2006 Resolution of the Mayor and Common Council of the City of San Bernardino approving an Amendment to the 2005/2010 Consolidated Plan and the 2006/2007 Annual Plan and consenting to the disposition of certain property located on 16` and Harris Streets (APN: 0144-131-21) and 17' and "J" Streets (APN: 0144-131-36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to the terms of the 2006 HOME Funds Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation ("Arroyo') and Inland Empire Concerned African American Churches ("Churches") (collectively referred to as "Developer") - Inland Valley Development Agency (IVDA) Redevelopment Project Area. (R31A) Resolution of the Community Development Commission of the City of San Bernardino approving the Disposition of certain property located on 16'" and Harris Streets (APN: 0144-131-21) and 171e and "J" Streets (APN: 0144-131- 36, 0144-123-03 and 46), City of San Bernardino, by the Redevelopment Agency of the City of San Bernardino ("Agency") and authorizing the Executive Director of the Agency to execute the 2006 HOME Funds Development Agreement, by and between the Agency and, Arroyo Valley Community Economic Development Corporation ("Arroyo") and Inland Empire Concerned African American Churches ("Churches") (collectively referred to as "Developer") - Inland Valley Development Agency (IVDA) Redevelopment Project Area. (R31B) Mayor/Chairman Morris opened the public hearing. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Baxter, that the matter be continued to the Council/ Commission meeting of October 16, 2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. R32. Joint public hearing - Amendment No. 1 to the 2005 40'" Street Redevelopment Project Area Single Family Residential Disposition and Development Agreement - TELACU Development, LLC 16 10/02/2006 RES. 2006-359 - Resolution of the Mayor and Common Council of the City of San Bernardino consenting to the disposition of certain property located at 267 East 49t° Street (APN: 0154-126-25) by the Redevelopment Agency of the City of San Bernardino ("Agency") pursuant to Amendment No. 1 to the 2005 401e Street Redevelopment Project Area Single Family Residential Disposition and Development Agreement (TELACU 49'" Street New Homes Project) between the Agency and TELACU Development, LLC ("Developer") - 40` Street Redevelopment Project Area. (R32A) RES. CDC/2006-43 - Resolution of the Community Development Commission of the City of San Bernardino approving Amendment No. 1 to the 2005 401h Street Redevelopment Project Area Single Family Residential Disposition and Development Agreement (TELACU 491e Street New Homes Project) ("Amendment No. 1") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and TELACU Development, LLC ("Developer"); making certain findings thereto and authorizing the Executive Director of the Agency to execute Amendment No. 1 - 40' Street Redevelopment Project Area. (R32B) Mayor/Chairman Morris opened the public hearing. Maggie Pacheco, Economic Development Agency Executive Director, provided highlights of the staff report. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Baxter, that the hearing be closed; and that said resolutions A&B, be adopted. The motion carried and Mayor and Common Council Resolution No. 2006-359 and Community Development Commission Resolution No. CDC/2006-43 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. PLANNING 33. Public hearing - Development Code Amendment No. 06-02 to add Section 19.06.025 to the Development Code to prohibit establishment or relocation of specified businesses in the City of San Bernardino 17 10/02/2006 ORD. MC-1233 — An Urgency Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.025 (Development Code) and prohibiting the establishment of certain new businesses and the relocation of said businesses in the City, declaring the urgency thereof, and taking effect immediately. URGENCY (33A) An Ordinance of the City of San Bernardino adding San Bernardino Municipal Code Section 19.06.025 (Development Code) and prohibiting the establishment of certain new businesses and the relocation of said businesses in the City. FIRST READING (33B) Mayor/Chairman Morris opened the public hearing. Valerie Ross, Director of Development Services, stated that the Mayor and Common Council adopted an urgency ordinance in 2004 prohibiting the establishment of certain specified businesses. At that time, the Council determined that there was an over -proliferation of these businesses and that the uses had contributed to crime and blight in various areas throughout the City. She stated that illegal signage, poor property maintenance, and depreciation of property values have been and continue to be major issues. Ms. Ross stated that another ordinance was adopted in 2005 that amended the previous moratorium and extended it until October 2006. In addition to the businesses currently included in the moratorium, she stated that the Legislative Review Committee (LRC) recommended adding self-service laundries, party supply stores and small container recycling centers, which have also been problematic in the City. Ms. Ross stated that the LRC recommended that this would not be applicable to stand-alone businesses that are 25,000 square feet or larger, or in shopping centers that are 200,000 square feet or larger with a major anchor tenant. She stated that staff was recommending approval of both the urgency ordinance and the regular ordinance. Council Member/Commissioner Kelley asked what enforcement tools the City had in place to make sure these businesses are legitimate and are not violating this ordinance. Ms. Ross stated that every business in the City is required to obtain a zoning verification review through the Planning Division. She stated that after providing the necessary information on the form, the applicant would be informed what uses were not permitted and why, and would be provided with a copy of the ordinance. The applicant would be asked to read and sign under penalty of perjury that they understand what they have read and they understand that they either can or cannot have their business. If someone is interested in opening a smoke shop, unless it meets the criteria for being 25,000 square feet or larger or in a major shopping center, it would be denied. If the person opens the business 18 10/02/2006 anyway, that would be referred to Code Compliance. If the person calls the business something else and then changes it after the fact, that also would be referred to Code Compliance. City Attorney Penman asked Ms. Ross to explain for the record the study and the investigations that were presented to the LRC. Mayor Morris stated that the LRC carefully reviewed the maps contained in the backup as well as the listing of all the existing businesses in these categories that are now proposed to be prohibited. Ms. Ross stated that as a result of numerous phone calls from the public and studies performed by the Police Department and Code Compliance, maps were created that concluded that these certain specified businesses were contributing to blight throughout the City. She stated that City personnel performed a street -by - street survey to identify how many businesses there were and where they were located. Ms. Ross added that Development Services has been keeping a tally of all the completed zoning verification reviews, and the person who prepares the listing would flag certain businesses that appear to be of concern. They would then send out a planner or they would ask one of the City Attorney Investigators or Code Compliance to do a spot check. Robert Rego, 5856 Merito Avenue, San Bernardino, CA, stated that in reading Section 2 of the Ordinance that defines check -cashing, cash advance and loan facilities, he noted that check cashers that do not have deferred deposits are not covered under California Financial Code Section 23000, but are actually defined in California Civil Code Section 1789-31. He questioned whether a check casher that is not covered under that section would still be able to proliferate in the City or not. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that San Bernardino is a working class community and he believes some of these small businesses should be given a chance to compete. Council Member/Commissioner McCammack stated that when this body discussed this legislation they made a point of being sure that they weren't putting anyone out of business. She stated that their intention was to allow the businesses that are here, including those on the list, the ability to compete. Hubie Burne, speaking on behalf of Reliable Properties, stated that they own 70 shopping centers in Southern California in five counties, and they agree on certain points of the moratorium. He stated that they find that there are businesses that do contribute to negative operational aspects in their centers. He stated that the fact that the City is trying to restrict certain businesses from functioning was not a good idea because they have a number of tenants that take great pride in their area 19 10/02/2006 and shopping center and with their customers and clients. Mr. Burne stated that they have tenants that would be included on the list of restricted businesses that are national or corporate entities and run a very tight ship. He stated that he believed the City was trying to protect the public by developing better businesses. Mr. Burne stated that he felt some kind of program needed to be developed that would allow the City to properly research or make decisions as to what businesses should be involved in this and what businesses should not. He stated that there are businesses that work in certain areas and businesses that don't; however, he has never seen one business that wanted to bring forth a negative influence to an area. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; that said urgency ordinance be adopted; and that said regular ordinance be laid over for final adoption. The motion carried and Ordinance No. MC-1233 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 34. Public hearing - resolution to adopt the General Plan Update and the Arrowhead Springs Specific Plan RES. 2006-360 - Resolution of the City of San Bernardino setting aside portions of Resolution 2005-362 adopted on November 1, 2005, and adopting the Findings of Fact and Statement of Overriding Considerations, as well as adopting the Updated General Plan and the Arrowhead Springs Specific Plan. Mayor/Chairman Morris opened the public hearing. Terri Rahhal, City Planner, stated that this item concerned the City's General Plan and the Arrowhead Springs Specific Plan which were adopted by the Mayor and Common Council in November 2005. She stated that the Council had been briefed in closed session on the status of the Center for Biological Diversity v. the City of San Bernardino, a case pending in Superior Court regarding the Arrowhead Springs Specific Plan. Ms. Rahhal stated that when the Arrowhead Springs Specific Plan was adopted, the Findings of Fact contained a conclusion that the Arrowhead Springs Resort would not be economically viable without the proposed golf course. She stated that the findings also cited the necessity of the golf course to assist with flood control protection on the project site. Subsequent to that adoption, Ms. Rahhal noted that litigation was filed by the Center for Biological Diversity contesting the 20 10/02/2006 propriety of the adoption insofar as it related to the Arrowhead Springs Specific Plan. She indicated that the court determined that the record lacked sufficient data to support these conclusions. Ms. Rahhal stated that the item before the Council was a resolution that would re- adopt the General Plan Update and the Arrowhead Springs Specific Plan based on revised Findings of Fact as supported by the expert economic analysis and conclusions of Mr. Alonzo Pedrin of Alfred Gobar Associates. The revised Findings also clarified the conclusion regarding flood control of the golf course with reference to supporting analysis in the Draft Environmental Impact Report. Ms. Rahhal stated that she noted that the revised Findings identified the flood control issue as a secondary issue, certainly secondary to the economic factors regarding the golf course. She stated that no revisions to the General Plan or the Arrowhead Springs Specific Plan were proposed at this time. She noted that staff was asking the Council to act on the same plans that were presented and approved in November 2005, based on revised Findings of Fact. Ms. Rahhal stated that on September 25, 2006, the Planning Commission considered the revised Findings of Fact as well as the letter report and additional oral testimony from Mr. Pedrin, and they unanimously recommended adoption of the resolution that was now before the Council. Upon consideration and the possible revision of these Findings of Fact, she stated that staff was recommending that the Mayor and Common Council close the public hearing and adopt the resolution. Alonzo Pedrin, Alfred Gobar Associates, stated that they were asked to assess the relevance and the importance of a golf course as an integral part of the Arrowhead Springs Resort and Conference Center. He provided a summary of his firm's qualifications and explained the purpose of their assessment and key findings. In conclusion, Mr. Pedrin stated that organized golf remains an integral part of the overall meeting experience in today's meeting industry and should be an integral component of the Arrowhead Springs Resort. Council Member/Commissioner McCammack stated that a resort concept like Arrowhead Springs must include an amenity like the golf course in order for it to succeed financially. She stated that in thinking about their earlier comments and conclusions about possible flood control benefits from the project, the judge was probably correct that there wasn't any factual presentation in the record. However, Ms. McCammack stated that they really didn't need any real or imagined flood control benefits to make this project highly desirable. Council Member/Commissioner Johnson stated that he also felt that the golf course alone was enough to reject the wetlands avoidance alternative, which is the alternative that omits the golf course from the project. He stated that he is well 21 10/02/2006 aware of flooding issues that arise in these canyons after heavy rains and the additional factors that arise given the recent history of forest fires and increased possibilities for mud slides. However, because such information was not before them, he felt it was not appropriate for the Council to make findings related to flood control. In his opinion, the great economic benefits of the project are more than enough to reject the no golf course alternative and to support the many benefits of the project. Mr. Johnson stated that he would vote to override an adverse environmental impact of this project wholly without any flood control comment. He stated that he believed they should leave out the flood control statements in the Findings, and should re -approve the project. He added that he thought the project was great and would far outweigh any possible adverse environmental impacts. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. City Attorney Penman suggested that additional language be added to the form motion. Council Member/Commissioner McCammack amended her motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted, and that the last two bullet points on pages 25 and 26 of the General Plan Update and associated Specific Plans, EIR, Findings of Fact and Statement of Overriding Considerations be deemed removed from said document and not considered in the decision to adopt said resolution. The motion carried and Resolution No. 2006-360 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 35. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke about a Gulf War vet who is dying at the VA Hospital. S1. RES. 2006-358 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an amendment to the Professional Services Agreement with Kurt Wilson. Council Member/Commissioner Baxter made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 22 10/02/2006 Resolution No. 2006-358 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Baxter, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. Vacant: Third Ward. 36. Adjournment At 6:44 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, October 16, 2006, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 37 No. of Hours: 5 RACHEL G. CLARK City Clerk ByoS�u oCw > Linda Sutherland Deputy City Clerk 23 10/02/2006