HomeMy WebLinkAbout05-21-2007 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
MAY 21, 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 1:33 p.m., Monday, May 21, 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, 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):
J.R., et al. v. City of San Bernardino - United States District Court Case
No. 05-1045 JWJ;
Singleton v. City of San Bernardino et al. - San Bernardino Superior
Court Case No. SBVSS 126289;
05/21/2007
City of San Bernardino v. California Electric Power Company, et al. -
San Bernardino Superior Court Case No. SCVSS 134263.
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:
1. Inland Communities Corp. v. City of San Bernardino, et al.
(Paradise Hills)
2. Claim filed by the City of Riverside/The Gage Canal Company
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9: one case
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.
City Attorney Penman announced that the following additional cases would be
discussed in closed session under Agenda Item No. 1B, significant exposure to
litigation:
Agenda Item No. 29;
Claim of Anthony and Eric Collay;
National Alliance for Human Rights v. City of San Bernardino.
Under Agenda Item No. 1C, anticipated litigation/initiation of litigation:
A second case
Under Agenda Item No. 1F, conference with labor negotiator:
San Bernardino Professional Fire Fighters Association
2 05/21/2007
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 Barnabas Laubach of St. Bernardine's Medical
Center, followed by the pledge of allegiance, led by Gabriela Perez from Bradley
Elementary School.
Moment of Silence
Mayor/Chairman Morris expressed condolences to the families and requested a moment
of silence in memory of Roger O'Campo, who managed a Little League team, was a
member of the Knights of Columbus Council 905, and a former member of the San
Bernardino Police Commission; Thomas G. Crist, a native of San Bernardino who
worked for the school district as an elementary and middle school teacher and
administrator, served as principal of Mt. Vernon Elementary School and Alessandro
Elementary School until his retirement in 1995, and coordinated the America
Reads/America Counts tutors for the school district and worked with students at
California State University, San Bernardino; and Dr. Gordon O. Lambson, a well known
oral surgeon, who had medical offices in San Bernardino and Redlands.
2. Appointments
Education Bridge Ad Hoc Committee - Mayor Morris
• Council Member Baxter
• Council Member Estrada
Historical Preservation Commission
• Alycia D. Enciso - Council Member McCammack
• Nick Cataldo - Council Member Kelley
Fine Arts Commission
• Mary Sue Atanasova - Council Member Baxter
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the appointments of Council Member
Baxter, Council Member Estrada, Alycia Enciso, Mary Sue Atanasova, and Nick
Cataldo, 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 05/21/2007
3. Presentations & Proclamations
Following a performance by the Elementary Magnet Schools Honor Orchestra,
under the direction of Michele Tacchia, Mayor Morris presented Certificates of
Recognition to the students for walking off with top prizes at the Southern
California School Band and Orchestra Association Regional Festival.
Councilman Johnson introduced Akashambatwa Mbikusita-Lewanika, Prince of
Zambia, Africa, a guest of the Inland Empire Concerned African American
Churches under the leadership of Pastor Raymond Turner of Temple Missionary
Baptist Church. Mayor Morris stated that he prepared a formal proclamation in
honor of the Prince's visit, making this day a special day in the City of San
Bernardino.
Mayor Morris introduced the Executive Director of the California Welcome
Center, Mr. Wayne Austin, and announced that last week was the official opening
of the Center, which is located at 1955 Hunts Lane, and is also the new home for
the San Bernardino Convention and Visitors Bureau.
Mayor Morris presented a proclamation designating the week of May 21-27,
2007, as Public Works Week to City Engineer Mark Lancaster and Director of
Public Services Ken Fischer.
Mayor Morris presented a proclamation designating the month of May as Foster
Care Awareness Month to Lisa Dryan on behalf of Child Protective Services.
Peggi Hazlett, Assistant to the Mayor, read the names of the following individuals
who were presented a service pin award by Mayor/Chairman Morris in
recognition of their many years of dedicated service to the City:
Name
Department
Years of Service
Bernardo Guevara
Development Services
5
Martin Estacio
Fire
20
Scott Gauley
Fire
20
Jeffery Northup
Fire
20
Paula Miller
Library
10
Daniel Ustation
Parks, Recreation and Community
25
Services
Jarrod Burguan
Police
15
Mark Garcia
Police
20
Jonathan Roberg
Police
10
Michael Roche
Police
20
Clark Wood
Police
5
4 05/21/2007
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 Johnson, 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.
6. Council Minutes
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting(s) of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: March
21, 2007.
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 Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated May 18, 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.
5 05/21/2007
8. RES. 2007-158 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odium & Haws and the City of San
Bernardino in the case of San Bernardino Police Officers Association v. City of
San Bernardino, a municipal corporation, Michael Billdt, individually and as
Chief of Police for the San Bernardino Police Department; and Does 1 through
10, inclusive.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-158 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2007-159 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odium & Haws and the City of San
Bernardino in the Civil Service Hearing of Steve Lowes.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-159 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. Report to Mayor and Council on subject matter related to municipal
governance learned while attending the April 2007 International Municipal
Lawyers Association Conference
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the report be discussed, received and
filed.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
11. Set budget hearing dates for June 7, 14, 21, 2007, at 4:30 p.m. in the
Economic Development Agency Boardroom, to review the Fiscal Year
2007/2008 Budget
6 05/21/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council set the
Fiscal Year 2007/08 budget workshop dates for Thursdays, June 7, 14, & 21,
2007, at 4:30 p.m. in the Economic Development Agency Boardroom, to review
the Fiscal Year 2007/2008 City and Economic Development Agency budgets.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
12. ORD. MC-1246 — An Ordinance of the City of San Bernardino amending
Chapter 8.54 of the San Bernardino Municipal Code regarding noise.
FINAL READING. (Continued from May 7, 2007)
13
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that said ordinance be adopted.
Ordinance No. MC-1246 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
RES. 2007-168 — Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Olive Avenue
and Belmont Avenue area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the District, to be known as
Assessment District No. 1051; preliminarily approving the Engineer's report
and giving notice of a public hearing.
Note: Agenda Item Nos. 13 and 14 were discussed simultaneously.
Council Member/Commissioner Kelley stated that he recently took a tour of the
Fifth Ward with the Director of Parks, Recreation and Community Services to
review the Landscape Maintenance Districts (LMDs) and the need for better
maintenance. He requested that the Council look at ways of beefing up staffing
levels and improving the condition of our LMDs and the condition of our parks
Citywide.
City Manager Wilson stated that as the number of LMDs grows there is a need to
adequately administer the various contracts that exist regarding landscape
maintenance. He stated that one of the recommendations made by Management
Partners was to look at the whole issue of LMDs and assess whether what we are
doing makes sense. Mr. Wilson stated that in the coming months they will be
7 05/21/2007
delving into it with the new Parks and Recreation Director and will look at ways
to address Mr. Kelley's concerns.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the Olive
Avenue and Belmont Avenue area (Tract No. 17396), to be known as Assessment
District No. 1051; and that said resolution be adopted.
The motion carried and Resolution No. 2007-168 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2007-169 — Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Pine Avenue
and Redwood Street area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the District, to be known as
Assessment District No. 1055; preliminarily approving the Engineer's report
and giving notice of a public hearing.
Note: Agenda Item Nos. 13 and 14 were discussed simultaneously.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the
establishment of a Landscape Maintenance Assessment District in the Pine
Avenue and Redwood Street area (Tract No. 17716), to be known as Assessment
District No. 1055; and that said resolution be adopted.
The motion carried and Resolution No. 2007-169 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2007-160 — Resolution of the City of San Bernardino making
application to the Local Agency Formation Commission for providing City
sewer services to property within unincorporated territory located at 4285
North Fourth Avenue.
8 05/21/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services be
authorized to initiate proceedings for the provision of City sewer services outside
of City boundaries for property located at 4285 N. Fourth Avenue; and that said
resolution be adopted.
The motion carried and Resolution No. 2007-160 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
16. RES. 2007-161 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the final map for Tract Map No. 17704, located
between Sierra Way and Waterman Avenue on the North side of 3" Street in
the CG-2, Commercial General 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 Johnson, that said resolution be adopted.
Resolution No. 2007-161 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. Resolution of the City of San Bernardino authorizing and directing execution
of a license and agreement with JKS-Marshall Plaza LLC, a Delaware
Limited Liability Company for encroachment of an overhanging facade and
appurtenances in the right-of-way of a public alley located south of Second
Street and west of "G" Street.
Note: No resolution was distributed with the backup materials.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of June 4, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
9 05/21/2007
18. RES. 2007-170 - Resolution of the City of San Bernardino authorizing
execution of a cooperative agreement between the City of San Bernardino
and the County of San Bernardino for pavement rehabilitation of Cajon
Boulevard from 0.22 miles northwest of Palm Avenue to 0.05 miles northwest
of Rex Cole Road (SS07-06).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Baxter, that said resolution be adopted.
Resolution No. 2007-170 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2007-162 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the final map for Tract Map No. 17076, located
on the southwest corner of Pepper Avenue and Rialto Avenue in the RS,
Residential Suburban 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 Johnson, that said resolution be adopted.
Resolution No. 2007-162 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2007-163 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a contract and issuance of an
annual purchase order with three one-year options to Arrow Power
Sweeping, Inc. for parking lot sweeping services for the Carousel Mall and
the Five -Level Parking Structure in the amount of $59,900.00.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-163 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2007-164 - 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 Zoll Medical Corporation in the amount of $95,791.83 for
the purchase of defibrillators and accessories.
10 05/21/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-164 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. Budget amendment to augment the library book expenditure account by an
additional $38,000 received from the State Library Public Library Fund
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Finance be authorized to
amend the Fiscal Year 2006/07 Library budget and increase the Library's book
account (Account No. 105-471-5123) by $38,000 and increase in a corresponding
amount Library PLF revenues (Account No. 105-000-4618).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
23. RES. 2007-165 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City Manager to execute a Professional
Services Agreement with RHA Landscape Architects -Planners, Inc., in the
amount of $135,300 for the purpose of preparing the plans and specifications
for the Electric Avenue Historic Park Project.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-165 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. RES. 2007-166 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submittal of 2007/08 Used Oil and Filter
Recycling Block Grant application for grant funds from the California
Integrated Waste Management Board.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-166 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11 05/21/2007
25. RES. 2007-167 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing submittal of the funding request form to the
Department of Conservation, Division of Recycling for California Beverage
Container Recycling and Litter Reduction Activities.
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2007-167 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. Public Hearing - resolution ordering work - Chiquita Lane and Date Street
Area Landscape Maintenance Assessment District No. 1060 (Tract No. 17576)
RES. 2007-155 - 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 Chiquita Lane and Date Street
Area, approving the final Engineer's Report, creating an assessment district
to cover the costs of said maintenance, known as Assessment District No.
1060, 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 announced that five (5) 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. 2007-155 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
27. Public Hearing - resolution ordering work - Mill Street and Meridian
Avenue Area Landscape Maintenance Assessment District No. 1061 - Tract
No. 17218 (Continued from May 7, 2007)
12 05/21/2007
RES. 2007-156 - 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 Mill Street and Meridian
Avenue area, approving the Final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1061, 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.
The hearing remained open.
City Clerk Clark announced that eight (8) 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. 2007-156 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
28. Approve request for continuance
northeasterly of the intersection
(Continued from November 6, 2006)
of Tentative Tract No. 14112 located
of Foothill Drive and Sterling Avenue
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
approve the request for continuance of the Final Map for Tentative Tract No.
14112, to November 19, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
13 05/21/2007
PLANNING
29. Public Hearing - Conditional Use Permit No. 06-24 (Appeal No. 07-02)
appeal of the Planning Commission approval of additional antennas and
equipment at an existing communication tower site, with a requirement to
replace the existing non -stealth monopole tower with a monopine tower -
1093 West 5th Street in the CH, Commercial Heavy, land use district
(Continued from May 7, 2007)
The hearing remained open.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Baxter, that the matter be continued to the
Council/Commission meeting of June 4, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Baxter, Brinker, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: None.
30. Public Hearing - Specific Plan Amendment No. 06-03, Tentative Parcel Map
No. 17887, Variance No. 07-08 and Development Permit II No. 06-06 -
Hillwood Southgate Project
RES. 2007-157 - Resolution of the City of San Bernardino adopting Specific
Plan Amendment No. 06-03, to amend the San Bernardino International
Trade Center Specific Plan.
Mayor/Chairman Morris opened the hearing.
Terri Rahhal, Deputy Director/City Planner, stated that this project contains a
Specific Plan Amendment jointly proposed by Hillwood Investment Properties
and the Inland Valley Development Agency, as well as a warehouse and
distribution center proposed by Hillwood as their Southgate Project. She stated
that this Specific Plan Amendment would rename the International Trade Center
Specific Plan as the Alliance California Specific Plan, would add approximately
32 acres to the Specific Plan area, and would make various adjustments within the
Specific Plan to accommodate the remaining build out of that area.
Ms. Rahhal stated that the Southgate Project is a development permit application
for 6 large warehouse distribution facilities on the north side of Central Avenue,
east of Tippecanoe Avenue. She stated that this would be the extension of the
existing Central Avenue, which was previously known as Palm Meadows Drive.
She stated that the large warehouse facilities would total approximately 2.5
14 05/21/2007
million square feet, and in addition to these large facilities, there is a proposed
complex of 20 smaller industrial buildings in an industrial park setting for a total
of 200,000 square feet at the southeast corner of Central Avenue and Tippecanoe
Avenue.
Ms. Rahhal stated that a Tentative Parcel Map No. 17887 is proposed to divide
the 159-acre site into 10 parcels, and ultimately this project site will have access
to Tippecanoe and Mountain View Avenues from Central. She stated that
pending completion of the extension of Mountain View Avenue to connect to
Central Avenue, the site would only have one standard means of access from
Central Avenue to Tippecanoe Avenue. In the meantime, a variance from the
Code requirement for two standard means of access is requested for this project.
Ms. Rahhal stated that in addition to the standard access to Tippecanoe Avenue
via Central Avenue, two non-standard alternative access routes are proposed to
serve the project site during that interim period and the Fire Marshall has
approved these proposed access ways as stated in the memo identified as Exhibit
3 of the staff report. She stated that compliance with the California
Environmental Quality Act is proposed by an addendum to the International Trade
Center Specific Plan, which was previously certified with an Environmental
Impact Report.
Ms. Rahhal stated that the Planning Commission considered the Specific Plan
Amendment and the Southgate Project at its meetings of April 17 and May 8 of
this year, and they unanimously recommended approval. She stated that the
Inland Valley Development Agency and the San Bernardino International Airport
Authority support the project subject to provisions for compatibility with the
Airport, which have been included in the revised Conditions of Approval. She
stated that Hillwood Investment Properties has agreed to all the Conditions of
Approval and are eager to commence development of the project site.
Ms. Rahhal stated that staff recommends that the Mayor and Council adopt the
resolution to approve the proposed amendments to the Specific Plan and to adopt
the addendum to the certified EIR. Further, she stated that staff recommends that
the Mayor and Council approve Tentative Parcel Map No. 17887, Variance No.
07-08 and Development Permit II No. 06-06, based on the Findings of Fact in the
Planning Commission staff report, and subject to the revised Conditions of
Approval and Standard Requirements.
No public comments were received.
15 05/21/2007
Council Member/Commissioner Baxter made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that the Mayor
and Common Council adopt the resolution to amend the Specific Plan and
approve Tentative Parcel Map No. 17887, Variance No. 07-08, and Development
Permit II No. 06-06, based upon the Findings of Fact and subject to the
Conditions of Approval and Standard Requirements.
The motion carried and Resolution No. 2007-157 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Baxter, Brinker, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
31. Ordinance of the City of San Bernardino amending Section 9.69 of the San
Bernardino Municipal Code. FIRST READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, 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.
32. Public Comments
Betty Jean Long, P.O. Box 1098, San Bernardino, CA, spoke about the March
17 protests by the illegal immigrants and Armando Navarro.
David McCammack, 634 E. Parkdale Drive, San Bernardino, CA, talked about
several monuments he visited in Washington D.C. and Philadelphia and he
requested that everyone take a moment during the holiday to show thanks to all
our veterans.
Stewart Cumming, 4377 N. Cristy Avenue, San Bernardino, CA, stated that
Mr. Navarro and the National Alliance for Human Rights believe that the City
billing them for extraordinary costs related to their demonstration is a violation of
their first and fourteenth amendment rights —freedom of speech and assembly.
He stated that Mr. Navarro learned of the regulations when he applied for a
permit. He had the option of paying fees up front indemnifying himself against
actual cost increases. He had the opportunity to provide his own security for the
event in lieu of utilizing City provided services and he chose not to do so. He
chose to come to San Bernardino —a city known to be struggling with high crime
rates, budgetary constraints, and an understaffed police department. He had a
myriad of options available to him as to the time and place for conducting his
event and he chose not to exercise them. Knowing the regulations, he is aware
that if he objects to the fees, he can seek an administrative review. Instead, he
16 05/21/2007
chose to use the press as a bully pulpit touting his civil rights to avoid paying a
legitimate bill.
Mr. Cumming stated that as a citizen of this City he has unalienable rights to life,
liberty and the pursuit of happiness that the Police Department is charged with
protecting. However, these rights trump your rights when you infringe on their
ability to do so.
Tierney Harris, 2025 Sunrise Lane, #4, San Bernardino, CA, spoke regarding
the crime in her neighborhood.
Scott Folkens, 236 E. 29' Street, San Bernardino, CA, President of the Wilson
Neighborhood Cluster Association, thanked Councilman Kelley for his efforts in
establishing Ronald Reagan Park, and he announced that their first fundraiser
event will be held on June 12, 2007, at the Castaway Restaurant.
Yvonne Downing, 898 Wilson Street, San Bernardino, CA, spoke about crime.
33. Adjournment
At 5:20 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, June 4, 2007, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 33
No. of Hours: 4
RACHEL G. CLARK
City Clerk
By Z' .4 , J4 l( 0_�
Linda Sutherland
Deputy City Clerk
17 05/21/2007