HomeMy WebLinkAbout12-04-2006 MinutesSan
CITY OF SAN BERNARDINO
300 N. `D"Street
San Bernardino, CA 92418
Website: www.sbcity.org
Mayor Patrick J. Morris
Council Members:
Esther Estrada
Dennis J. Baxter
Tobin Brinker
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 4, 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 1:32 p.m., Monday, December 4, 2006, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter,
Councilman -elect Brinker, Derry, Kelley, Johnson, McCammack; City Attorney
Penman, City Clerk Clark, City Manager Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Ford Wholesale v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 124378;
Michael Desrochers v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 139150.
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B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code Section
54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
IVDA Redevelopment Project Area (North Arden Guthrie Neighborhood)
1. Properties and Negotiating Parties:
Ramon and Maria G. Hernandez - 2140 N. Arden Avenue (APN: 1191-021-
43); Jose Quintanilla - 2104 N. Arden Avenue (APN: 1191-021-41); Luu
Quang Phuoc - 2094 N. Arden Avenue (APN: 1191-021-40); Humberto
Velasquez and Delmy A. Ayala - 2072 N. Arden Avenue (APN: 1191-021-
39); Larry Sr. and Andrea Estrada - 2050 N. Arden Avenue (APN: 1191-021-
38); Aaron L. Edwards - 2028 and 2004 N. Arden Avenue (APN: 1191-041-
26 and 25); Robert A. Moreno - 2123 and 2140 N. Dumbarton Avenue (APN:
1191-021-47 and 57); Mike Hong Ngan - 2005 N. Dumbarton Avenue (APN:
1191-041-28); Gloria Leynes - 2159 N. Dumbarton Avenue (APN: 1191-021-
45); Daniel Garcia - 2176 N. Dumbarton Avenue (APN: 1191-021-59); Don
Friedman - 2122 N. Dumbarton Avenue (APN: 1191-021-56); Sabraj Nijjar -
2123 and 2141 N. McKinley Avenue (APN: 1191-021-65 and 64); Miguel
Flores - 2005 N. McKinley Avenue (APN: 1191-041-32); Sonia Ortiz - 2195
N. McKinley Avenue (APN: 1191-021-61); Fairbanks Capital - 2176 N.
McKinley Avenue (APN: 1191-021-30); Fidelity National Title Insurance/Ince
Co. - 2105 McKinley Avenue (APN: 1191-021-66); Alfonso A. and Teresa E.
Hernandez - 2004 N. McKinley Avenue (APN: 1191-041-22); Silverio and
Virginia Vizcaino - 2195 N. Newcomb Street (APN: 1191-021-28); Enrique
and Maria Cachua - 2051 N. Newcomb Street (APN: 1191-021-20); Phuong
Doan - 2005 N. Newcomb Street (APN: 1191-041-19); and Clayton &
Virginia Kautzman - 2194 N. Newcomb Street (APN: 1191-021-11), as
property owners and Maggie Pacheco, Executive Director, on behalf of the
Redevelopment Agency, as buyer
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Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following additional case would be
discussed in closed session:
City of San Bernardino v. Valerie Pope -Ludlam - San Bernardino Superior
Court Case No. 108965.
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.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Paul Granillo of the Diocese of San Bernardino,
followed by the pledge of allegiance, led by Councilman -elect Brinker's children, Alex
and Reagan.
Moment of Silence
Mayor/Chairman Morris expressed condolences to the families and requested a moment
of silence in memory of Rick Beswick, a renowned lawyer in the community; Pete
Squires, a retired City Water Department employee; and Battalion Chief Vincent Cook, a
retired City Fire Department employee.
Swearing -In Ceremony
A swearing -in ceremony was held for newly -elected Council Member Tobin Brinker,
followed by a reception.
2. Appointments
There were no commission appointments.
3. Presentations
There were no presentations.
4. Announcements
Announcements were made by the Mayor, members of the Common Council, and
other elected officials regarding various civic and community events and
activities.
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Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Baxter 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, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
Claims & Payroll
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the claims and payroll and the authorization
to issue warrants as listed in the memorandum dated November 28, 2006, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that the personnel actions, as submitted by the
Chief Examiner, dated November 28, 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.
Council Member/Commissioner McCammack stated that she had an issue with an
item on the classified personnel list. It was suggested that the Council vote on the
unclassified personnel action list first, take up Agenda Item No. 27, and then
come back and vote on the classified personnel action list.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Estrada, that the unclassified personnel
actions, as submitted by the Chief Examiner, dated December 4, 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, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
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12/04/2006
Note: Later in the meeting, the following action was taken on this matter.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the classified personnel actions, as
submitted by the Chief Examiner, dated November 28, 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, as amended,
with the deletion of Line Item No. 20.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
8. RES. 2006-416 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the hiring of Arias & Lockwood to represent
the City regarding the case entitled Timothy Weisenberger, et al. v. City of
San Bernardino, et al., San Bernardino Superior Court Case No. SCVSS
134901.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-416 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2006-412 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, reciting the facts of the Special Municipal
Election and Advisory Election held on the 7`h day of November 2006,
declaring the results thereof and setting forth such other matters as are
provided by law.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-412 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None. Vacant: Third Ward.
10. RES. 2006-417 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution 96-188 for business registration and
permit fees.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
5 12/04/2006
Resolution No. 2006-417 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2006-418 - Resolution of the City of San Bernardino authorizing the
Mayor to execute Agreements for Services with the firms of Ninyo & Moore,
Hilltop Geotechnical, Inc., and AMEC Earth & Environmental, Inc. for
geotechnical investigations and construction material testing.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-418 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None.. Absent: None.
12. RES. 2006-419 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the Final Parcel Map for Parcel Map No.
17003, located on the west side of Tippecanoe Avenue 750 feet north of
Central Avenue in the IL, Industrial Light land use district, accepting the
public dedications as set forth on said Map, and authorizing execution of the
Standard Form of Agreement for the improvements in said subdivision, with
time for performance specified.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-419 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2006-420 - Resolution of the City of San Bernardino establishing fair
market value and minimum sale price for a certain City Water Department
owned parcel of real property generally located northwesterly of Bonita Vista
Drive, south of 40' Street and west of Del Rosa Avenue, and setting a public
hearing to consider said sale.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to proceed with the sale of City Water Department property located
northwesterly of Bonita Vista Drive, south of 40' Street and west of Del Rosa
Avenue; and that said resolution be adopted.
6 12/04/2006
The motion carried and Resolution No. 2006-420 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2006-421 - Resolution of the City of San Bernardino ordering the
summary street vacation of Rollins Way north of Norman Road and east of
Foisy Street.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that Plan No. 11924 showing the proposed
vacation of Rollins Way, north of Norman Road and east of Foisy Street, be
approved; and that said resolution be adopted.
The motion carried and Resolution No. 2006-421 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2006-422 - Resolution of the City of San Bernardino authorizing and
directing the execution of an easement to the City of Colton for groundwater
well construction and monitoring purposes across City owned property
located at 2737 W. 2"" Street (Nicholson Park).
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-422 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. Item deleted
17. RES. 2006-427 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute Amendment No. 6 to the
Agreement with the San Bernardino City Unified School District to provide
contractual services for seventeen (17) CAPS before & after -school recreation
programs at school district sites for the period July 1, 2006 through June 30,
2007 and ratifying all action taken between July 1, 2006 and the approval of
the resolution.
City Attorney Penman advised that he would have to abstain on this item because
his wife is a member of the San Bernardino City Unified School District Board of
Education. He added that Mr. Sabo had reviewed this item at no charge to the
City. He left the Council Chambers and returned after the vote was taken.
7 12/04/2006
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2006-427 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2006-423 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Chief of Police to execute a Participating
Agency Hold Harmless Agreement and Agency Participation Agreement with
the State of California Department of Corrections.
19
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-423 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
RES. 2006-424 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City to enter into a Memorandum of
Understanding with the Energy Coalition, Southern California Edison
Company, and Southern California Gas Company to implement the
Community Energy Partnership in the City.
Council Member/Commissioner Derry indicated that he would have to abstain on
this item due to the fact that he is employed by Southern California Edison. He
left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-424 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Kelley, Johnson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Derry. Absent: None.
RES. 2006425 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to an Annual Purchase Order No.
207326 to the San Bernardino Waste System Division for street sweeper
dumping.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
8 12/04/2006
Resolution No. 2006-425 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2006-426 - A Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Quitclaim Deed to Ca1Mat Co., a Delaware
Corporation, vacating a water utility easement to the owner of record to clear
the title of the property.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-426 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. Item deleted
23. Set a public hearing for January 8, 2007, to consider adjusting the current
storm drain development impact fees
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council set a
public hearing for 4:30 p.m. on Monday, January 8, 2007, to consider adjustment
of the storm drain development impact fees.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
24. Receive and file the 2005/2006 Year End Report
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the Mayor and Common Council receive and
file the FY 2005/2006 Year End Report.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
25. RES. 2006-428 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing vehicle reimbursement allowance for various
City employees, and repealing Resolution 89-15.
9 12/04/2006
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2006-428 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. Establish the position of Administrative Analyst I and delete the position of
Draftsperson in the Development Services Department, Public Works/
Engineering Division
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
establish the position of Administrative Analyst I, Range 4442, $4,024-$4,892
per month; that the Mayor and Common Council delete the position of
Draftsperson, Range 1380, $2,954-$3,591 per month; and that the Human
Resources Department be authorized to update Resolution Nos. 6413 and 97-244.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
27. Salary Adjustments for the Workers' Compensation Adjusters, Risk
Management Specialist, Risk Manager, Workers' Compensation Manager
and Human Resources Supervisor in the Human Resources Department
Council Member/Commissioner McCammack requested that Motion No. 5 be
excluded as it was not part of the original discussion of the Personnel Committee.
City Manager Wilson suggested that the Mayor and Common Council defer
action on Motion No. 5 relative to the salary adjustment for the Human Resources
Supervisor and that said salary adjustment be addressed as part of the upcoming
classification and compensation study.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council: adjust the
salary for two (2) Workers' Compensation Adjusters from Range 1449, $4,167-
$5,065 to Range 1469, $4,604-$5,597 per month; adjust the salary for one (1)
Risk Management Specialist from Range 1449, $4,167-$5,065 to Range 1485,
$4,987-$6,062 per month; adjust the salary for one (1) Risk Manager from Range
4504, $5,483-$6,664 to Range 4523, $6,028-$7,327 per month; adjust the salary
for one (1) Workers' Compensation Manager from Range 4504, $5,483-$6,664 to
Range 4523, $6,028-$7,327 per month; and that the Human Resources
Department be authorized to update Resolution Nos. 6413 and 97-244.
10 12/04/2006
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
28. Public hearing - resolution ordering work - Ohio Avenue and Chestnut
Avenue Area Landscape Maintenance Assessment District No. 1049 - Tract
No. 14881
RES. 2006-413 - 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 Ohio Avenue and Chestnut
Avenue Area, approving the Final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1049, ordering the work, confirming the 2007-2008 Assessment Roll, and
determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Morris opened the hearing.
City Clerk Clark stated that all ballots had been returned and were in favor of the
proposed assessment.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006-413 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
29. Public hearing - resolution ordering work - 6' Street and Sterling Avenue
Area Landscape Maintenance Assessment District No. 1053 - Tract No.
17372
11 12/04/2006
RES. 2006-414 - 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 6's Street and Sterling Avenue
Area, approving the Final Engineer's Report, creating an assessment district
to cover the costs of said maintenance, known as Assessment District No.
1053, ordering the work, confirming the 2007-2008 Assessment Roll, and
determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Morris opened the hearing.
City Clerk Clark stated that all ballots had been returned and were in favor of the
proposed assessment.
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
resolution be adopted.
The motion carried and Resolution No. 2006-414 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
30. Public hearing - resolution ordering work - Campus Parkway and Valles
Drive Area Landscape Maintenance Assessment District No. 1054 - Tract No.
17699
RES. 2006-415 - 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 Campus Parkway and Valles
Drive Area, approving the Final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1054, ordering the work, confirming the 2007-2008 Assessment Roll, and
determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 shall not apply.
Mayor/Chairman Morris opened the hearing.
City Clerk Clark stated that all ballots had been returned and were in favor of the
proposed assessment.
12 12/04/2006
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that she would provide true and honest testimony:
Cheryl Brown, resident of San Bernardino, stated that she lives off of 16'" Street
and she has an existing landscape maintenance district that she pays into as a
homeowner. She stated that it is not being maintained and recommended that the
City look into creating some kind of policy.
City Manager Wilson stated that there are certain standards the contractor has to
adhere to. He stated that he would find out what was happening and would get
back to Mrs. Brown.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2006415 was adopted by the following
vote: Ayes: Council Members/ Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
31. Public hearing - resolution ordering the vacation of a portion of "I" Street,
northerly of 13'h Street and a portion of 131h Street, westerly of "I" Street
RES. 2006-429 - Resolution of the City of San Bernardino ordering the
vacation of a portion of "I" Street, northerly of 13`h Street & a portion of 13'h
Street, westerly of "I" Street (Plan No. 11813) and reserving public utility
easements therein.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Baxter, that the public hearing be closed; and the
Findings of Fact, as set forth in the staff report from the Director of Development
Services, as to why a portion of "I" Street, northerly of 13' Street and a portion
of 13' Street, westerly of "I" Street is no longer necessary for public street
purposes, be adopted; and that said resolution be adopted.
The motion carried and Resolution No. 2006-429 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
13 12/04/2006
32. RES. 2006-430 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the destruction of certain Police Department
records, documents and papers pursuant to Section 34090 and 34090.6 of the
Government Code of the State of California. (Continued from November 20,
2006)
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2006-430 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
33. RES. 2006-431 - Resolution of the Mayor and Common Council of the City
of San Bernardino rejecting the lowest bid as non -responsive and awarding
bid to the next lowest responsive bidder NPG Corporation for miscellaneous
street repairs as detailed in Bid Specification No. RFQ F-07-14 and
authorizing the execution of an agreement and purchase order between the
City of San Bernardino and NPG Corporation. (Continued from November 20,
2006)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2006-431 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
34. Joint workshop with the Mayor and Common Council and the Planning
Commission related to the Redlands Passenger Rail Station Area Plans -
EDA Boardroom
Resolution of the City of San Bernardino, approving in concept, the Redlands
Passenger Rail Station Area Plans Report.
Mayor Morris stated that the purpose of this meeting was to discuss the study that
had been prepared by Gruen Associates with regard to the Redlands Passenger
Rail Station Area Plans. He stated that the City's Multi -Modal Transit Center at
the corner of "E" Street in Rialto would eventually supply a diesel transport
system that would tie the City of San Bernardino with Loma Linda and Redlands
using existing trackage.
The Mayor indicated that this particular project is going to require substantial
capital and estimates range in the area of $150 million to achieve this important
goal. He stated that he had been advised by San Bernardino Associated
14 12/04/2006
Governments (SANBAG) that this will be achieved through Measure "I" funding,
and the City will have to apply for the balance of the $75 million from
competitive Federal funding. The Mayor noted that competitive Federal funding
requires the City to jump through certain hoops such as land use, economic
development, and cost effectiveness. He stated that he had also been advised that
the Transportation Commission is changing the rules so there may be additional
hoops to jump through.
The Mayor noted that this is an exciting project and the action taken tonight will
drive the City forward to compete for those Federal dollars at the earliest possible
time so the dream to tie all east valley cities together in a modern transportation
system could come true. He stated that Gruen Associates has done a remarkable
job of meeting with all the constituent groups across the east valley to see how the
response is to these plans and the proposed station sites. The Mayor advised that
the City plans to intensify land use and create transit -oriented developments along
the route from here to Redlands.
Valerie Ross, Director of Development Services, stated that staff's
recommendation was that the Mayor and Common Council adopt the resolution
approving in concept the Redlands Rail Plan, and that staff be directed to explore
options for implementing the plan.
Michael Bair, Director of Transit and Rail Programs at SANBAG, provided
background information on this project. He stated that SANBAG acquired the
Redlands subdivision from Santa Fe back in 1993, so they own the right-of-way,
which makes it easier to implement this project. Mr. Bair indicated that in 2003
they completed a preliminary feasibility study and looked at extending the
traditional Metrolink service that comes into the San Bernardino Depot today.
They also looked at expanding bus service through that corridor and they looked
at a technology called Diesel Multiple Unit, which is a self-propelled, single -level
passenger car that would operate daily between the University of Redlands and
San Bernardino. Mr. Bair stated that the feasibility study showed that that would
be the most appropriate kind of service to consider implementing in that corridor.
Mr. Bair stated that in 2004 the voters of San Bernardino County approved an
extension of Measure "I" that would provide $75 million towards this project.
He noted that in August 2005, Congress passed a reauthorization of the Federal
Transportation Act that created a new component within the Federal Transit
Administration's (FTA) Capital Investment Program called "Small Starts." For a
project to be eligible for "Small Starts" it has to be less than $250 million in total
cost, making the project eligible for up to $75 million in Federal investment.
Mr. Bair stated that the language in the Congressional intent to the FTA on
implementing this new program was to look at the three criteria that the Mayor
mentioned —what are the land use impacts, what are the economic impacts, and
15 12/04/2006
what is the cost effectiveness of this project. Unfortunately, he stated that the
FTA is moving this program more towards the new start program, which was the
traditional capital investment program they offered for very large projects. Mr.
Bair indicated that SANBAG is a little concerned about the direction the FTA is
taking on how they are going to judge these projects, but they won't know what
that criteria is until the spring of next year.
Mr. Bair stated that SANBAG had decided that before they would move this
project any further they would work with the cities along the corridor to identify
land use opportunities to intensify development around the proposed station
locations. He noted that they actually used this report to measure the impact that
this kind of belt would have versus the standard development that is provided in
current general plans.
Elaine Carbrey, Associate Partner and head of the Planning Department at
Gruen Associates, stated that in April 2006, they were retained by SANBAG,
along with Parsons Transportation Group and Moore, Iacofano, Goltsman, Inc. to
prepare station area plans for the Redlands Passenger Rail. She reviewed
potential station sites as well as land use and economic development opportunities
along the rail line. Ms. Carbrey requested that the Mayor and Common Council
adopt their plans in concept and recommended that the City use the document in
modifying its General Plan and Specific Plans.
Mayor Morris stated that anyone interested in taking a look at what our future
holds should take the Metrolink through Orange County where there are a number
of impressive developments along the Metrolink line that were put together by the
Olsen Company. He stated that even in this soft market those developments are
doing very well. Mayor Morris advised that the cities that move the fastest and
are dedicated to the idea of intensified land use and going vertical in downtown
regions will be successful in their applications for Federal dollars as well as
dollars from Proposition 113, which also holds monies for these kinds of exciting
opportunities.
The Mayor stated that the next step was to adopt a resolution approving this
concept so the City could move ahead in acquiring Federal funding.
John Coute, Planning Commissioner, stated that he had been following this
project since its inception and he noticed that they have discussed at length many
of the positive aspects of the project. However, he stated that he had not heard
any of the impacts or sacrifices that would have to be made for this project, and
he noted that he was not referring to the financial aspects, he was referring to
traffic impacts and impacts on our safety personnel and equipment. Mr. Conte
stated that he wanted to know what he could expect in traffic delays and he voiced
his concern that in some ways the City may be moving backwards. He noted that
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train travel has definite advantages in some markets, but he added that he didn't
necessarily feel that it was a good thing for San Bernardino.
Mr. Coute stated that their main focus was to build up San Bernardino's
infrastructure and retail trade, but he felt they would be putting a definite burden
on small businesses by diverting some of the retail customers out of the City.
Mr. Conte stated that he was also concerned that when mass transit areas such as
bus stations and train stations are developed, they immediately become havens for
crime and the homeless, which would have an impact on the City. He noted that
it would not be SANBAG's problem, it would become the City's problem, and
we would have to call on our Police force which is already overtaxed. Mr. Conte
stated that he didn't think this project would relieve traffic congestion or air
quality in a significant manner to offset the disadvantages and the sacrifices
everyone who lives and works in San Bernardino is going to have to make.
Council Member/Commissioner Estrada stated that as the population continues to
grow more of us are going to be faced with the decision of leaving our cars
behind and using other modes of transportation.
Mr. Conte stated that this rail system did not serve Hospitality Lane —the City's
largest retail area.
Council Member/Commissioner Brinker stated that Mr. Coute raised some valid
issues and he stated that he would like to see them addressed by staff. He stated
that two of the three stations are located in the Third Ward so he felt he needed to
have a better understanding of what the impacts were going to be. Mr. Brinker
suggested that this project be sent back to the Planning Commission and that it
return to the Council at a later date.
Mr. Bair stated that he did not think there would be a significant impact on their
schedule if they had to delay this project for a few months. He stated that they
still had to develop some operating costs and capital costs so they could address
the cost effectiveness issue, and they still had to wait for the Federal Transit
Administration to come out with its final rules on how they're going to judge
these projects nation-wide. Mr. Bair advised that their intent for doing this study
was to be one of the first applicants, so the longer they delay decisions from the
cities on supportive land use and economic development, the further behind they
will get.
Mayor Morris stated that the delays in street traffic north and south as our
commuter trains travel across the valley from Redlands to this community might
be an interesting set of data to try to pin down. He stated that it had been alleged
by Mr. Conte that we are going to drain our City treasury with tax dollars going
to Redlands, but he stated that the economy flows in both directions —it's not just
a loss of resources, it's a gain of resources because in large measure residents of
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Loma Linda and Redlands would be coming to our multi -modal center to achieve
transport to the rest of the region.
Ken Durr, Planning Commissioner, requested that grade change information on
the rail system be provided to the Planning Commission.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be referred back to the Planning
Commission for review; and that it be agendized for the Planning Commission
meeting of January 9, 2007, and for the Mayor and Council meeting of January
22, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Kelley, Johnson. Nays: None.
Absent: Council Members/Commissioners Derry, McCammack.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Morris; Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark,
Economic Development Agency Executive Director Pacheco. Absent: None.
R35. RES. CDC/2006-57 - 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 Amendment No. 1 to the Redevelopment Project Study
Agreement with ICO Fund V, LLC - Central City North Redevelopment
Project Area.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2006-57 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18 12/04/2006
PLANNING
36. Hearing - Appeal No. 06-15 - Appeal of Planning Commission approval of
Tentative Parcel Map No. 17052 and Development Permit II No. 04-54 to
request elimination of a mitigation measure requiring a fair -share
contribution to the long-term operation and maintenance of the Verdemont
Fire Station - project site is located on the south side of Industrial Parkway
between Cable Creek and Devil Creek in the IH, Industrial Heavy land use
district
Mayor/Chairman Morris opened the hearing.
Mayor/Chairman Morris advised that the appellant had requested a continuance
on this matter until January 22, 2007, and had paid the required continuance fee.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the matter be continued to the
Council/Commission meeting of January 22, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
37. Public Comments
Wilma Riley, 500 W. 36' Street, Apt. #8, San Bernardino, CA, inquired as to
why the bus stop at 36' and "E" Streets was removed. She stated that she had
requested a meeting with Omnitrans, the Jewish Temple, and Councilman Kelley,
but that meeting never took place. She requested that a meeting be held with all
the parties involved in order to resolve this problem. Ms. Riley also commented
on the lack of police presence in her neighborhood.
Margaret Nauman, 460 W. 36' Street, San Bernardino, CA, stated that she was
also concerned about the removal of the bus stop at 36`h and "E" Streets. She
stated that she had been informed by Omnitrans that the bus stop was being
removed at the request of Councilman Kelley because of his concern with the
safety of the children attending Clare Cherry School of Congregation Emanu El.
Council Member/Commissioner Kelley stated that his intent was to look out for
the best interests of the residents as well as the safety of the children attending
that school. He stated that a flashing yellow light will be placed at that location
and the Mayor's Office has requested that the Police Department enforce the
speed limit in that area.
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Paul W. Sanborn, 3559 Genevieve Street, San Bernardino, CA, spoke about the
amount of graffiti around the City, boom boxes, and unlicensed vehicles.
38. Adjournment
At 6:40 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, December 18, 2006, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 38
No. of Hours: 5
RACHEL G. CLARK
City Clerk
BYr/C���
Linda Sutherland
Deputy City Clerk
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