HomeMy WebLinkAbout02-05-2007 MinutesMayor Patrick J. Morris
CITY OF SAN BERNARDINO Council Members:
300 N. `D "Street Esther Estrada
Dennis J. Baxter
San Bernardino, CA 92418 Tobin Brinker
Website: www.sbcity.org Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINI ITF.0
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 5, 2007
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 1:35 p.m., Monday, February 5, 2007, 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, Brinker,
Derry, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Manager
Wilson. Absent: Council Member/Commissioner Kelley.
Council Member/Commissioner Kelley Arrived
At 1:39 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
1. Closed Session
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Jamie Johnson v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 07-00028 (VAP) JCRx;
Myisha Maxwell, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 130136;
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Patrick Ricks Rainey v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 02-768 R (SGLx).
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: One Case
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:
Extension of Employee Contract
Chief of Police
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:
General Unit
Mid -Management Unit
San Bernardino Management/Confidential Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under Agenda Item No. IA, Existing Litigation:
People of the State of California v. Jose Lopez, et al. - San Bernardino
Superior Court Case No. SCVSS 134051;
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San Bernardino City Professional Fire
Richard Lewis v. Larry Pitzer, et al. - United States District Court Case
No. EDCV 00473 VAP (SGL).
Under Agenda Item No. 1D, Personnel:
Four employees in the City Attorney's office: Suzanne Bryant, Jolena
Grider, Richard Luczak, and Henry Empeno.
Closed Session Announcement
Mayor Morris announced that in closed session the Council had unanimously voted to
extend the contract of Police Chief Michael Billdt for an additional two years.
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.
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 Tyisha Green of
Anderson School.
Moment of Silence
Mayor Morris extended condolences to the families and requested a moment of silence
in memory of Philip Aldama, a resident of San Bernardino for 72 years and uncle to
City Clerk Rachel Clark; Miguel S. Castro, Jr., son of Miguel Castro, Custodial
Supervisor in the City's Facilities Management Department; and long-time community
activist Harry Carson who passed away on January 28 at the age of 77.
2. Appointments
Council Member Brinker
• Frank Hawkins III - Planning Commission
• Angela Neuhaus - Human Relations Commission
• David Rosales - Measure Z Citizens Oversight Committee
Council Member Estrada
• Jonathan Kuhn - Measure Z Citizens Oversight Committee
Council Member Kelley
• Norma Blackmon - Animal Control Commission
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Council Member Derry
• Robert Evans - Measure Z Citizens Oversight Committee
Mayor Morris
• Philip Savage III - Measure Z Citizens Oversight Committee
• Judith Valles - Measure Z Citizens Oversight Committee
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the appointments of Frank
Hawkins III, Angela Neuhaus, David Rosales, Jonathan Kuhn, Norma
Blackmon, Robert Evans, Philip Savage III, and Judith Valles, as requested by
Council Members/Commissioners Brinker, Estrada, Kelley, Derry, and Mayor
Morris, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
City Attorney Penman presented a check to Mayor Morris in the amount of
$597,402.95—settlement in the case of Bio-Mass v. City of San Bernardino.
Rabbi Hillel Cohn invited everyone to attend an Inter -faith Festival on Sunday,
February 11, from 3:00-5:30 p.m., at Roosevelt Bowl in Perris Hill Park.
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 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.
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6. 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 January 22,
2007, 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 Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions, as submitted by the
Chief Examiner, dated January 30, 2007, 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.
8. ORD. MC-1239 - An Ordinance of the City of San Bernardino amending
San Bernardino Municipal Code Section 16.12.110 relating to political signs
and Section 16.12.150 relating to violation -penalty. FINAL READING
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be adopted.
Ordinance MC-1239 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2007-34 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Best, Best & Krieger and the City of San Bernardino in
the matter of Garrett Zimmon, disability retirement application.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
5 02/05/2007
Resolution No. 2007-34 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. Set an informational workshop for February 20, 2007, at 5:00 p.m. in the
Council Chambers of City Hall to report on Operation Phoenix activities
from the City of San Bernardino, County of San Bernardino and California
State University San Bernardino
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that a workshop be set for February 20, 2007,
at 5:00 p.m. in the Economic Development Agency Boardroom to receive a
report on the Operation Phoenix activities.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Council Member/Commissioner Estrada suggested that all members of the
Measure Z Citizens Oversight Committee be apprised of this meeting so they
could sit in. It was also suggested that the meeting be held in the Council
Chambers rather than the EDA Boardroom.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Brinker that the Mayor and Common Council
reconsider Agenda Item No. 10.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the location for the report on
Operation Phoenix activities be changed from the EDA Boardroom to the
Council Chambers of City Hall.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None
11. RES. 2007-35 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting Amendment No. One to the Caltrans
Disadvantaged Business Enterprise (DBE) Race -Neutral Implementation
Program Agreement for Federal financial assistance projects.
6 02/05/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-35 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. Authorize the lease -purchase of twenty (20) refuse trucks and three (3)
street sweepers through Comerica Leasing under existing Master Lease
Agreement with the City
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Baxter, that the Director of Finance be authorized to
lease -purchase twenty (20) refuse trucks and three (3) street sweepers (purchases
previously approved by Council) through Comerica Leasing under existing
Master Lease Agreement with the City; and that the Director of Finance be
authorized to amend the FY 2006/2007 budget and appropriate $109,400 from
the Refuse Fund balance to the following lease -payment accounts: $61,600 to
Account No. 527-412-5803 (Residential); $8,400 to Account No. 527-413-5803
(Commercial); and $70,000 to Account No. 527-414-5803 (Street Sweeping).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. Authorize the Director of Finance to establish revenue and expenditure
budgets for the new Development Impact Fee funds for FY 2006/07
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
establish revenue and expenditure budgets for the new Development Impact Fee
funds for FY 2006/07 as indicated on Attachment I to the staff report dated
February 5, 2007 from Barbara Pachon, Director of Finance.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None
14. RES. 2007-36 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Director of Finance or designee to issue a
purchase order to L.N. Curtis & Sons for self-contained breathing
apparatus in the amount of $49,396.80.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
7 02/05/2007
Resolution No. 2007-36 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2007-37 - Resolution of the Mayor and Common Council authorizing
execution of a Management Agreement between the City of San Bernardino
and Coast Soccer League to provide management services at the San
Bernardino Soccer Complex for the dates February 3-4, 17-18 and April 7-
8, 14-15, 21-22 and 28-29, 2007 and ratifying all action taken between
February 3, 2007 and the approval of the resolution.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-37 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2007-39 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Crest
Chevrolet of San Bernardino for the negotiated purchase of three (3) 2007
4WD Tahoe command vehicles to be utilized by the Fire Department.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-39 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2007-38 - Resolution authorizing the execution of a purchase order to
Crest Chevrolet of San Bernardino for the negotiated purchase of one (1)
Pipe Hunter Truck Mounted Sewer Cleaner complete with Jet -Eye camera
system to be utilized by the Public Services Department Street Division
Sewer Crew.
Council Member/Commissioner Baxter 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 2006/07 budget by
transferring $196,700 from Account No. 132-431-5704, Miscellaneous
Equipment to Account No. 132-431-5701, Motor Vehicles.
8 02/05/2007
The motion carried and Resolution No. 2007-38 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
18. RES. 2007-40 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Contract with the County
of San Bernardino Probation Department to participate in the grant funded
Juvenile Accountability Program known as Intervention and Management
of Probationer Accountability and Compliance of Terms (IMPACT).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2007-40 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2007-41 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino City Fire Department to
apply for and administer the 2007 Rolf H. Jensen Memorial Public
Education Grant to be submitted to the National Fire Protection
Association.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-41 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. Item deleted
21. Item deleted
22. Receive and file - FY 2006/2007 First and Second Quarter Budget Reports
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
receive and file the FY 2006/2007 First and Second Quarter Budget reports; that
the Director of Finance be authorized to amend the FY 2006/2007 budget to
place $1,979,400 of additional savings from FY 2005/2006 Year End into the
Budget Reserve to replace the funds used in FY 2006/2007 for Charter 186
costs as indicated in the Charter 186 staff reports; and that the Director of
Finance be authorized to amend the FY 2006/2007 budget to transfer
$1,057,800 into General Fund revenues from various Trust Accounts as
9 02/05/2007
indicated in the FY 2005/2006 Year End Report and then place the $1,057,800
into the Budget Reserve to cover future anticipated revenue shortfalls.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. Public hearing — storm drain development impact fee
RES. 2007-42 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting a revised storm drain development impact fee
for the City of San Bernardino.
Mayor/Chairman Morris opened the hearing.
City Manager Wilson provided background information, noting that it had been
15 years since this particular fee had been updated. He stated that the public
hearing had been noticed at least twice in the newspaper; and staff had notified
the Building Industry Association and major developers, but had received no
comments either way from anyone.
Mr. Wilson advised that the proposed resolution would adopt the new storm
drain development impact fee structure, which will generate between $1 million
and $1.7 million annually in new revenues, which will go specifically for storm
drain improvements throughout the city. He pointed out that the need city-wide
is in the range of $350 million to fully fund the Storm Drain Master Plan, and
although this is a big step in the right direction, it does not fully address
financially all the needs we have throughout the city.
No public comments were received.
Council Member/Commissioner Derry stated that during discussions in Ways
and Means Committee, this issue had been discussed in depth, and one of the
things discussed was the fact that many projects create little or no runoff
because of design improvements that have been made. He stated that it was
mentioned by staff that certain credits would be allowed in those situations,
when it made sense —that there are a lot of new technologies that are currently
being used to maintain storm water runoff on -site, as well as to allow it to
percolate back into the soil so it does not have an impact on the City's storm
drains.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that the hearing be closed and that said
resolution be adopted.
10 02/05/2007
The motion carried and Resolution No. 2007-42 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
24. Public hearing - resolution approving the formation of a Landscape
Maintenance Assessment District in the Belmont Avenue and vacated
Chestnut Avenue area
RES. 2007-43 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
submitted in favor of the assessment exceed the ballots submitted in
opposition to the assessment and that the public convenience and necessity
require the maintenance of landscaping in the area of Belmont Avenue and
vacated Chestnut Avenue, approving the Final Engineer's Report, creating
an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1052, 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 Manager Wilson advised that this was the next step in the formation of the
landscape maintenance assessment district in the Belmont Avenue/vacated
Chestnut Avenue area.
City Clerk Clark advised that 55 assessment ballots had been received-53 in
favor of the assessment district and 2 against.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed and that said
resolution be adopted.
The motion carried and Resolution No. 2007-43 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
25. Resolution of the Mayor and Common Council authorizing the Mayor to
execute an Agreement between the City of San Bernardino and the Public
Safety Academy for use of the Norton Recreation Center Gymnasium for
the period of January 1, 2007 through December 31, 2007 and ratifying all
action taken between January 1, 2007 and the approval of the Resolution.
(Continued from January 22, 2007)
11 02/05/2007
Note: No resolution was distributed with the backup materials.
Mayor/Chairman Morris advised that the City was still awaiting receipt of a
Certificate of Insurance and asked for a motion to continue said item to the next
regular meeting.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Committee meeting of February 20, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. Measure Z and YY Component Plan (Continued from January 8, 2007)
Mayor/Chairman Morris advised that before the Council tonight was a budget
amendment for expenditure of the first months of Measure Z income, initially
estimated by Barbara Pachon, Director of Finance, at $1.65 million and also a
revised Measure Z Expenditure Plan.
City Manager Wilson stated that there were three items to discuss this evening —
the first one being the roles and responsibilities of the Measure Z Oversight
Committee. He stated that Attachment A to the staff report itemized the
proposal developed by staff of the Committee's role, as follows:
• Review expenditure plan for proceeds from Measure Z
• Monitor spending
• Report to voters at least once a year
• Review annual Measure Z financial report
• Meet on regular basis
Council Member/Commissioner Kelley stated that he thought the role of the
Oversight Committee should be determined by the Committee itself. He stated
that one of the most important things to him was the definition of "oversight,"
which is defined as watchful care, overlooking. He stated that he was not
prepared to adopt staffs recommendation at this point —that it is a good first
step, but the Council needed to build on it and they also needed to have input
from the Committee members.
Council Member/Commissioner Estrada stated that she agreed with staff
regarding the roles and responsibilities they were recommending for the
Committee and for City staff. She stated that her understanding of what the
Oversight Committee would be is an entity that will be overlooking expenditures
and account for Measure Z monies. She stated that it is advisory at best —it is
12 02/05/2007
not policy making in any way, shape, or form. She stated that she would like to
see one thing added to staff s responsibilities, and that would be that staff
provide quarterly reports to the Mayor and Council that delineates expenditures.
Council Member/Commissioner Brinker stated that in general the proposal from
staff looked pretty good; however, he was concerned that the Committee would
not be reviewing the expenditure plan until fiscal year 2007/08. He thought
they should start that process immediately.
Council Member/Commissioner Johnson stated that he had no problem with the
parameters that the City Manager had outlined in Attachment A. He pointed out
that over 70% of the voters approved Measure YY and they had to know what
they were voting on. He stated that he thought the Council should proceed with
this as outlined and recognize that the Committee is an advisory committee.
Council Member/Commissioner McCammack stated that she had been deluged
with a -mails and phone calls regarding the Oversight Committee and Measure
Z. She quoted from one source who stated that he understood Measure Z to be
police generated and police motivated. She stated that when the Committee was
set up it was her understanding that it was a committee formed to give input
(their insight) and to be advisory as to how to spend the funds. She stated that
she thought the Oversight Committee needed to be a group of people that do
advise the Mayor and Council on how they spend the funds.
Mayor/Chairman Morris pointed out that the term "advisory" was used
nowhere, either in Measure Z or Measure YY with regard to the campaign that
he led for this '/a cent sales tax increase. He stated that the word that was used
was "oversight' - careful oversight, careful stewardship; and the committee was
never intended to advise this body on how to allocate these resources.
He stated that to ask a group of citizens to tell this policy -making body how to
do its job is not an appropriate way to operate; and that is not what was written
in the ballot initiative and that is not what the voters expect. He stated that the
professionals who guide this City should advise this Council and not a group of
volunteers —that was not the intended purpose of the committee, nor is it how
we should proceed.
Council Member/Commissioner Derry stated that the City has many different
committees and all are advisory at one point or another. He stated that he
thought the Oversight Committee should have some input and that they should
start immediately —not wait until the 2007/08 budget is approved.
Council Member/Commissioner Estrada pointed out that this is a new entity.
She noted that other commissions have had their roles defined and have been in
existence for a number of years; however, these individuals have a lot of
13 02/05/2007
learning to do —they are not going to want to limit themselves to Measure Z,
they are going to start asking questions about the police budget.
Council Member/Commissioner Baxter stated that he agreed with Ms. Estrada,
and it was important that this committee be an Oversight Committee as it was
designed to be.
Discussion ensued regarding the role and responsibilities of the Measure Z
Citizens Oversight Committee. Council Member/Commissioner Kelley noted
that it was clear there was disagreement at the table on a variety of issues
regarding Measure Z funding and the YY component of the measure.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack that the Measure Z Oversight Committee
Roles and Responsibilities (Attachment A) and Measure Z Expenditure Policy
(Attachment B) be adopted; and that the Measure Z Oversight Committee be
convened within two weeks and that they work with staff to define their role and
mission statement and to elect officers. (Note: The vote was taken following
discussion and public comments - see page 15.)
Council Member/Commissioner Estrada stated she was concerned about the
Committee defining their own role, but she had no problem with calling for the
first meeting of the group. However, she questioned what the Chief was to do
in the meantime.
Council Member/Commissioner Estrada made a substitute motion, that the
Mayor and Council authorize the Director of Finance to amend the FY 2006/07
adopted budget and increase General Fund Revenues (Account #001-000-4227 -
Measure Z Sales Tax) by $1,650,000 and to also increase the Police Department
expenditure budget by $1,611,000 and Parks expenditure budget by $39,000 for
a total General Fund expenditure increase of $1,650,000 as reflected in the line -
item budgets attached to the staff report dated February 1, 2007, from Fred
Wilson, City Manager.
Council Member/Commissioner Estrada withdrew her motion.
Cheryl Brown, a resident of San Bernardino, stated that she had been involved
in commissions for years and years, and one of the things that happens is that
people do not get any training, making it impossible for them to do what needs
to be done. She stated that she thought the Oversight Committee meant
oversight —not telling the Council what to do. She also suggested that if the
members of the Committee did not know each other that they go on a retreat or
something before they vote on officers.
14 02/05/2007
Shirili Smith, 4268 Mountain Drive, San Bernardino, CA, submitted a letter
dated February 5, 2006. She noted that there are several nonprofit
organizations struggling to help people and families in a variety of ways, and
she urged the Council to consider spreading the wealth of Measure Z monies to
some of these organizations that are giving so much to heal our community one
person at a time.
Phil Savage, member of the Measure Z Oversight Committee, stated that he
thought the statement proposed by City Manager Wilson looked like a good
starting statement; however, he would like to see it have something in it about
Measure YY itself. Relative to the 2006/07 budget, he thought that action
needed to be taken quickly on that, and it would be great if the Council could
get input on that, but he did not have enough knowledge to give any advice. He
stated that his expectations for the committee are exactly what it said in the
Measure YY and Measure Z ballot language, and that is to make sure that the
City/Common Council do not misuse the money. He stated he did not think
they were an advisory committee, and most importantly, the Council needed to
move quickly on the 2006/07 monies.
The motion made by Council Member/Commissioner Kelley, seconded by
Council Member/Commissioner McCammack carried by the following vote:
Ayes: Council Members/Commissioners Brinker, Derry, Kelley, McCammack.
Nays: Council Members Estrada, Baxter, Johnson. Absent: None.
Council Member/Commissioner Brinker stated that at the last meeting he had
talked about the need for unanimity when voting on Measure Z and Measure
YY matters, and he did not want to see a motion pass on a 4/3 vote. Mr.
Brinker then stated that he would change his vote from a "yes" to a "no."
The motion made by Council Member/Commissioner Kelley, seconded by
Council Member/Commissioner McCammack failed by the following vote:
Ayes: Council Members/Commissioners Derry, Kelley, McCammack. Nays:
Council Members/Commissioners Estrada, Baxter, Brinker, Johnson. Absent:
None.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council charge
the Oversight Committee with meeting, organizing, and electing officers and
reviewing the Committee's charge, and if they have some other view about their
charge (other than what is outlined in Attachment A to the staff report), they can
share that with the Mayor and Council during the next meeting.
The motion carried by the following vote: Ayes: Council Members/
ommissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
15 02/05/2007
Following a short recess, City Manager Wilson provided an overview of the
proposed Measure Z Expenditure Plan. He noted that staff was recommending
$1,611,000 for funding of police department programs, which was an increase
from what was proposed last month.
Police Chief Billdt stated that last May and June he came to the Council with a
combined hiring plan and explained that it would take 30 months to hire 40
additional officers because of expected attrition of officers. He noted that they
have hired 20 officers thus far this fiscal year.
He explained that he had come to the Council on January 8, 2007, with regard
to enhanced recruitment and had said that he could put it over for one month.
Regarding the Crime Impact Teams, they have been successful this year because
of the deployment of officers in at -risk areas. He stated that he wanted to
sustain these programs and had outlined a $544,000 budget to accomplish that.
Chief Billdt advised that an anti -gang initiative and Police Activities League
(PAL) are being developed —that programs for youth have diminished and it is
important to reach out to the 8-, 9-, and 10-year-olds; and through a modest
investment of $75,000 they can reach out to them, and those youngsters in
middle schools will benefit from that program. He stated that he would let
Parks and Recreation talk about the other programs.
Council Member/Commissioner McCammack asked whether the middle schools
had been identified.
Mayor/Chairman Morris stated that they had four sites last summer and two
were vibrant —Martin Luther King and Arrowview—with the other two being
less vibrant in terms of participation.
Council Member/Commissioner Brinker stated that he liked everything on the
plan, but he made some commitments on the campaign trail and promised he
was going to get police hired. Therefore, for the first budget, from now to
June, he would put that money-100 percent —to suppression; and in the budget
that follows he would be more than willing to spend money on other programs.
Mayor/Chairman Morris pointed out that staff was putting together a most
aggressive program toward police recruitment using all of the strategies that the
Police Chief has put forward. He added that only a modest amount had been
reserved in this budget for other than policing activities.
Discussion continued regarding use of Measure Z funds. Council Member/
Commissioner Brinker distributed a paper entitled, Initial Truancy Proposal
(Brinker), stating that attacking truancy was missing from the plan presented by
staff. Everyone agreed that attacking truancy was an important issue; however,
16 02/05/2007
many at the table believed that this burden needed to be shared with the school
district —that there should be a meeting of all pertinent parties, including the
schools and the D.A.'s office.
Mayor/Chairman Morris stated that it was important that we acknowledge that
there is shared responsibility here and it must be borne by all of us. He pointed
out that you dramatically leverage your resources when you bring everyone to
the table, and he thought this would be an ideal venue to ramp up the power of
our dollars.
Council Member/Commissioner McCammack spoke regarding the need to
address non -code compliant properties, including graffiti and empty buildings,
stating that unless we include code compliance as part of the plan, a big piece of
the puzzle will be missing.
Mayor/Chairman Morris stated that staff/council needed to articulate a housing
strategy; and that Maggie Pacheco, Executive Director, Economic Development
Agency, would be coming with proposed re -deployment of her resources so that
they could attack those issues. He said he was working with a team from banks,
savings and loans, private investors, to articulate strategy for that.
He pointed out that long term Measure Z will in large measure be consumed by
40 peace officers and support staff that we bring to the City; however, there will
be some resources from Measure Z in the meantime.
Council Member/Commissioner Estrada noted that the Council had approved
deployment of 10 additional vehicles and the helicopter, and suggested that they
at least move ahead and approve the Crime Impact Teams and enhanced
recruitment efforts and amend the budget accordingly.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Brinker, that the Mayor and Common Council approve
the Crime Impact Teams ($544,000), the enhanced recruitment efforts
($228,800), and the BOE administrative costs ($18,900); and amend the budget
accordingly, to include the previously approved expenditure of funds for 10
additional vehicles ($304,600) and the helicopter contract and related equipment
costs ($309,700) for a total budget amendment of $1,406,000.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Cheryl Brown, stated she was speaking at the request of Walter Jarmain,
President of the NAACP. She stated that funds should be spent to suppress and
prevent crime, but the Council also needed to look very carefully at parolees
17 02/05/2007
that will be coming into the community; and in particular, some way of housing
them.
Terrence Stone, Young Visionaries Youth Activity, stated that he understood
there was a lot of money here to spend on suppression and intervention;
however, the jails are already overcrowded and he thought more should be spent
on intervention and prevention.
Council Member/Commissioner Derry stated he had a problem with the youth
employment program matching grant —that he had a problem with trying to get
jobs for young people. He stated he would not have a problem spending on this
program if it had not been thrown together so quickly; however, if we are going
to fix these problems it is not going to come from Parks and Recreation. He
stated that right now this is not a plan, and we will not be getting the best bang
for our buck and should instead match funds with local non -profits.
According to Mr. Derry, there are problems within the Police Department, such
as the fact that if an officer wants to upgrade to the best bullet proof vest, he has
to upgrade it himself. We also have areas where communications do not work
well, and that is not acceptable. He stated he was not ready to spend money on
these programs until we fix these problems and we come up with programs to
work with local non -profits —that until he sees a plan that maximizes the dollars
we propose to use, he was not prepared to approve.
Council Member/Commissioner Derry stated that his understanding of PAL
Programs is that most are run by police associations, and he would like to see us
fill holes in the Police Department right now. He stated he did not have a
problem with the anti -gang initiative.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
approve the anti -gang initiative and use the remaining funds for upgrades to
police officers' safety vests and to fix the police radio/communications
problems. (Note: The vote was taken following additional discussion.)
The Mayor and Council continued to discuss at length how they envisioned the
expenditure of the Measure Z monies. Mayor/Chairman Morris noted that
police chiefs throughout the county and the CHP Commander have all said that
we need to have a multi -faceted strategy to be successful.
Council Member/Commissioner Johnson stated that he thought this was a very
good layout for initial expenditure of Measure Z funds —that it dealt with law
enforcement as well as crime prevention programs. He stated that everyone
knows there needs to be money for truancy and code enforcement, but we can't
deal with everything at one time.
18 02/05/2007
Council Member/Commissioner Kelley stated that the best way to allocate these
resources is to partner with programs that already exist, whether it be Little
League, Boys and Girls Club, or the Salvation Army. He stated that maybe the
CDCAC would be a better body to look at these resources. He asked City
Manager Wilson whether the $130,000 proposed for Parks and Recreation
would be a one time allocation of resources.
City Manager Wilson stated that the proposal is to fund this for six months —that
as mentioned earlier in the meeting, at some point in time the cost for 40
officers will consume all of the Measure Z money.
Council Member/Commissioner Brinker stated that he supported every item that
staff had listed in this budget —that he would vote right now to support every
one, but he just did not think that every one of the items should be funded from
Measure Z money —that for initial funding, it should be taken from the General
Fund.
Council Member/Commissioner McCammack stated that she had stayed away
from the territorial ward issue; however, the ward she represents should be
represented. She stated that she needs to spend whatever money is spent on
youth programs where all the children are benefiting.
Council Member/Commissioner Estrada stated that if the Council is saying that
they will live up to the commitment that was made through the YY/Z initiative,
and if that is what they are trying to do, she did not see how they could do it
without approving other programs. She stated that she believed they have
shown that they are committed to the Police Department —now all they have to
do is finish approving what is proposed so they can say they did what the people
told them to do.
Mayor/Chairman Morris read the ballot title of Measure Z, stating that staff's
proposal was the most modest amount toward those activities described in YY.
Police Chief Billdt stated that he had provided a plan for this Council to hire 40
officers and support staff over 30 months. At the time the plan was put
together, they projected the cost at $5.4 million, and if their projections are
accurate, that leaves less than $300,000 in the pot. He stated that it was his job
to give the Council his best thoughts. He advised that Lt. Holmes had invested
a considerable amount of time investigating Police Athletic Leagues, and their
plan is to put it at every middle school in the community. However, the
question is whether or not they want to invest $75,000 to do that. He stated that
in his viewpoint, based on research, it is a good investment.
19 02/05/2007
Council Member/Commissioner Estrada made a substitute motion, seconded by
Council Member/Commissioner Baxter, to approve the remainder of the items
as recommended in the staff report dated February 1, 2007, from City Manager
Wilson.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Johnson. Nays: Council Members/
Commissioners Brinker, Derry, Kelley, McCammack. Absent: None.
The original motion made by Council Member/Commissioner Derry, seconded
by Council Member/Commissioner McCammack, to approve the anti -gang
initiative, and use the remaining funds for upgrades to police officers' safety
vests and to fix the police radio/communications problems, failed by the
following vote: Ayes: Council Members/Commissioners Derry, Kelley,
McCammack. Nays: Council Members/Commissioners Estrada, Baxter,
Brinker, Johnson. Absent: None.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the remaining items be agendized for
the next regular meeting for funding from the General Fund.
Council Member/Commissioner McCammack withdrew her second.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
approve the anti -gang initiative ($130,000) and amend the budget accordingly.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the remaining items listed in the staff
report be placed on the next regular meeting agenda to be funded from the
General Fund.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Derry, McCammack. Nays: Council Members/Commissioners
Estrada, Baxter, Brinker, Kelley, Johnson. Absent: None.
Council Member/Commissioner Kelley asked Chief Billdt whether $75,000
would keep the program laid out by Lt. Holmes running.
20 02/05/2007
Chief Billdt indicated that the goal would be to make the program a non-profit;
however, to kick off the program they needed seed money. He noted that the
program would be at nine middle schools.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the Measure Z expenditures,
including the Measure Z Expenditure Policy (Attachment B) be agendized for
the next regular meeting; and that the meeting be adjourned.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. League of California Cities - Housing, Community and Economic
Development Meeting - report by Council Member/Commissioner
McCammack
Council Member/Commissioner McCammack submitted into the record a
document prepared by the League. She advised that the Committee on Housing,
Community and Economic Development meets four times a year, with
discussions generally revolving around housing issues. However, at this
particular meeting they discussed implementation of the infrastructure bonds
approved by the voters in November 2006. It was noted on the handout that one
of the strategic goals adopted by the League Board of Directors for 2007 is to
"Ensure fair and effective implementation of the 2006 infrastructure bonds,
consistent with the needs of California cities."
Ms. McCammack also provided a brief overview of several items discussed by
the committee including meaningful eminent domain reform, housing element
self certification, and the RHNA-LAFCO Issue, all of which were discussed in
more detail in the handout.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the Mayor and Common Council
receive and file the League of California Cities Housing, Community and
Economic Development Meeting Report.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21 02/05/2007
28. United States Conference of Mayors - report by Mayor Morris
Mayor/Chairman Morris stated that the first meeting he attended was a special
meeting of Mayors Against Guns —a national summit attended by some 105
mayors of major cities who met to discuss how they, as mayors, could impact
the members of congress on this issue of controlling illegal guns. He stated that
specifically they discussed eliminating the restrictions on data on guns used in
crimes, which would help local law enforcement officers to identify and shut
down illegal gun traffickers. He indicated that members of Congress appeared
at the summit and indicated strong support for their initiatives.
They also convened the regular United States Conference of Mayors, where
they discussed an important paper, which he distributed to members of the
Council, entitled, Strong Cities. . . Strong Families. . . For a Strong
America —a 10-point plan initiated by mayors from across the nation to identify
the ten most important initiatives to work with Congress on this coming
congressional year.
The mayor briefly identified the top three items contained in the report as:
• An Energy and Environmental Block Grant modeled after the
Community Development Block Grant (CDBG) program to provide
funding to cities for improving community energy efficiency, to develop
and implement community strategies to reduce carbon emissions, and to
develop and implement community and transportation energy
conservation programs.
• Federal -Local Partnership on Crime Prevention - As was done under
the 1994 Crime Bill, mayors are calling for a federal trust fund to
provide flexible resources for the deployment of law enforcement
personnel, support local innovations, fight domestic violence, and fund
technology that helps fight crime. Mayors are asking for a new
partnership between the cities and congress on crime prevention —a
renewal of commitment to the 1994 crime bill —specifically, funding for
the COPS program and restoration of the local Block Grant program for
law enforcement.
• Community Development Block Grants - The mayors are asking for a
renewal of commitment to the Community Development Block Grants, a
very critical part of how we deploy resources in each city on a per capita
basis. Mayor Morris noted that this program has also diminished over
the years, and for the last two years the recommendation from
administration has been to eliminate those funds entirely; and as mayors
22 02/05/2007
recommendation from administration has been to eliminate those funds
entirely; and as mayors they are recommending that that program be re-
initiated and made vibrant again by new resources.
Mayor/Chairman Morris advised that the other issues identified by the Mayors
included affordable housing fund, public housing, infrastructure tax initiatives
and bonds, competitive workforce, children and youth, homeland security, and
unfunded mandates. He stated that a copy of the Mayors' 10-Point Plan to
create Strong Cities, Strong Families, and a Strong America could be obtained
from the Mayor's office.
29. RES. 2007-44 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to issue a purchase
order to and execute a Professional Services Agreement with Wright's
Investigation for pre -employment background investigations not to exceed
$35,000 with two optional renewal years.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-44 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
30. Public hearing - Development Code Amendment No. 06-01 to modify
locational criteria for drive-thru restaurants in the CR-3, Commercial
Regional/Tri-City Club land use district
An Ordinance of the City of San Bernardino amending Chapter 19.06
(Commercial Districts), Sections 19.06.010 (2) (K) and 19.06.030 (2) (H) of
the San Bernardino Municipal Code (Development Code) related to drive-
thru restaurants requirements. FIRST READING
Mayor/Chairman Morris opened the hearing.
Valerie Ross, Director of Development Services, advised that this amendment to
the Development Code would allow one additional fast-food drive-thru
restaurant on the west side of Tippecanoe, specifically in the North Pointe
Project Area. She stated that the Planning Commission considered this
amendment on November 8, 2006, and unanimously recommended approval;
and staff is recommending that the Council adopt the ordinance, also.
Council Member/Commissioner Estrada verified with Ms. Ross that this was
not a blanket policy approving drive-thru restaurants for this area.
23 02/05/2007
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the hearing be closed; and that said
ordinance be laid over for final adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. Public hearing - Tentative Tract Map No. 17926 (Subdivision No. 05-52),
Variance No. 06-06, Conditional Use Permit No. 05-a - a request to
subdivide 5.16 acres into a one -lot condominium subdivision with a variance
for one standard means of access and one emergency access, and construct
39 detached single-family dwellings, located on the north side of Rialto
Avenue approximately 500 feet east of Meridian Avenue in the RU,
Residential Urban land use district
Mayor/Chairman Morris opened the hearing.
Director of Development Services Valerie Ross stated that this project is in the
RU, Residential Urban, land use district and is considered an in -fill project.
She noted that the underlying land use designation permits apartments or multi-
family, albeit at a relatively low density; and Fidelity has proposed to do a
condominium subdivision comprised of 39 single-family detached units in lieu of
multi -family.
Ms. Ross stated that the project is located on the north side of Rialto, just east
of Meridian; and that immediately across the street at the southeast corner
Fidelity processed and received the entitlement for the project that ANR is in the
process of developing. She added that this project will be similar to that one,
but slightly larger.
She advised that the project site is bound on the north by the railroad tracks, and
on the east and west by existing development; therefore, the request for only
one standard means of access and then one emergency access. She stated that
Planning, Engineering, and the Fire Department all concur that it will not create
safety impacts that cannot be _typically handled, and they all support the
recommendation.
Ms. Ross stated that the Planning Commission considered this on November 21,
2006, and unanimously recommended approval; and staff recommends adoption
of the Mitigated Negative Declaration, the Mitigation Monitoring Reporting
Program, approval of Tentative Tract Map 17926, Variance No. 06-06, and
24 02/05/2007
Conditional Use Permit No. 05-48, based on the findings of fact in the staff
report, subject to the conditions of approval and standard requirements.
City Attorney Penman stated that his office always comments whenever there is
a variance because so few of them come before the Council. He stated that for
years the City handed out variances very easily —then in 1986 we were sued. He
stated that shortly before he became City Attorney, the court set aside the City's
General Plan because it was not in compliance; and the reason it was not in
compliance was because we had granted so many variances throughout the years
for apartments and other things that we had made a joke of our General Plan.
He pointed out that there are very strict guidelines as to when a variance can be
granted —certain findings have to be made —and he asked Senior Deputy City
Attorney Empeno to explain what the circumstances are in this particular case
that permit a variance to be granted, whereas in most cases it would not be.
Senior Deputy City Attorney Empeno advised that unlike other variances where
the Planning Commission has authority to approve them, this matter specifically
has to be considered and approved by the Mayor and Common Council pursuant
to the City's Development Code, Section 19.30.200. In relation to variances,
Section 19.72.05 specifically provides findings that this Council has to make —
among them that there are special circumstances applicable to the property,
including the size, shape, typography, location, or surroundings.
He advised that the strict application of this Development Code deprives such
property of privileges enjoyed by other property in the vicinity and under
identical land use district classifications. As the staff report mentions, Rialto
Avenue provides the only means of access to this project site, and the existing
pattern of development, including the streets, railroad tracks, and existing
development surrounding the site make it infeasible to provide a secondary
access route.
He pointed out that to the west is a mobile home park, to the east is single-
family homes, and to the north is a railroad spur line, as well as an apartment
complex on the opposite side of the tracks. These restrictions, as well as the
unusual shape of this project site and the very narrow frontage on Rialto Avenue
support the finding of a variance in this case.
Council Member/Commissioner Brinker stated that this project was in his ward
and he supported this project for a variety of reasons. However, he had some
concerns that he thought would need to be addressed if the City is looking to put
any other projects there in the future; and he wanted to bring these concerns
forward now so that staff is aware of them.
25 02/05/2007
First, traffic on Rialto is increasing and the City may need to look at putting in
some lights at various locations along Rialto Avenue because people are already
having difficulty getting in and out of their residences due to the amount of
traffic.
Another major item that needs to be looked at is a piece of property that belongs
to the railroad just east of the L&R project on the south side of Rialto Avenue.
He stated that this piece of property has an abandoned ranch on it and some
shacks, and he has received numerous complaints from residents talking about
prostitution, drug use, and other things that are going on over in those shacks.
He stated that police and code enforcement have gone out on numerous
occasions to that piece of property; however, we need to do something more
proactive. Mr. Brinker questioned whether there was some way the City could
get the railroad to give this piece of property to the City, and suggested that
maybe the Mayor could help to accomplish this.
Mayor/Chairman Morris stated that staff could certainly identify which of the
railroads own that property and approach them, or have a developer approach
them, for possible purchase.
Relative to excess railroad property that has been neglected, Council
Member/Commissioner McCammack stated that for years there has been some
abandoned railroad property on Del Rosa that the City has been asking to have
cleaned up, or to do something with the property. Therefore, she suggested that
while the Mayor is discussing the property mentioned by Mr. Brinker, he could
also discuss this piece of land.
Discussion ensued regarding the two pieces of property, current and previous
ownership of same, and what the Mayor could do to help the City in obtaining
these two pieces of land.
Council Member/Commissioner Johnson stated that he also was concerned about
traffic in the area, and that he had inquired about a traffic signal. He stated that
by the end of next month a signal should be through design and ready for the
next Capital Improvement Program (CIP). He noted that this signal would be at
the Meridian/Rialto corner.
Council Member/Commissioner Derry pointed out that there is a homeowners
association involved here to take care of everything inside the project area; and
as a former condo owner in the City of San Bernardino, he knows these types of
projects work very well and are a benefit to the community.
Council Member/Commissioner Brinker made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that the Mayor
and Common Council adopt the Mitigated Negative Declaration and the
26 02/05/2007
Mitigation Monitoring/Reporting Program; and approve Tentative Tract Map
No. 17926 (Subdivision No. 05-52), Variance No. 06-06, and Conditional Use
Permit No. 05-48 based on the Findings of Fact and subject to the Conditions of
Approval and Standard Requirements.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. Public hearing - resolution ordering vacation of an east -west alley, north of
Walnut Street and east of Artesian Street
RES. 2007-45 - Resolution of the City of San Bernardino ordering the
vacation of an east -west alley, north of Walnut Street and east of Artesian
Street.
Mayor/Chairman Morris opened the hearing.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; that the Findings of
Fact, as set forth in the staff report dated January 9, 2007, from the Director of
Development Services, as to why the east -west alley, north of Walnut Street and
east of Artesian Street is no longer necessary for public street purposes, be
adopted; and that said resolution be adopted.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
33. Public Comments
Barbara Whitmore thanked Council Member/Commissioner Baxter and Code
Enforcement for cleaning up all the miscellaneous junk signs along the streets
and provided information on the location of additional signs which need to be
removed.
Cheryl Brown spoke regarding the appearance of the city, noting that there is a.
lot of graffiti that needs to be cleaned up (particularly in the area of 16' Street
on the Westside to Waterman Avenue) and tennis shoes hanging over the utility
wires, designating the area as someone's "territory" that need to be removed.
She also proposed a tree planting program where residents could obtain trees
free from the City, stating she would like to see something done to beautify our
city.
27 02/05/2007
Patricia Davenport stated that she does loans and tries to match the loans to
what people can actually afford. She stated that she can get people into their
homes for $1,000 with a fixed rate payment of about $700 less than what they
could get elsewhere.
34. Adjournment
At 9:20 p.m. the meeting adjourned to 4:00 p.m., Thursday, February 15,
2007, in the MIC Room, Sixth Floor, City Hall, to consider closed session
items.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Tuesday, February 20,
2007, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
No. of Items: 34
No. of Hours: 8
RACHEL G. CLARK
City Clerk
By.4e�'?.
Linda E. Hartzel
Deputy City Clerk
28 02/05/2007