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HomeMy WebLinkAbout08-16-2004 MinutesMINT iTF.S MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 16, 2004 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:35 p.m., Monday, August 16, 2004, 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 Valles; Council Members/Commissioners Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member/Commissioner Estrada. Council Member/Commissioner Estrada Arrived At 2:10 p.m., Council Member/Commissioner Estrada arrived at the Council/ Commission meeting. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Salvador Torres v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 082631; City of San Bernardino, a Municipal Corporation and the Economic Development Agency for the City of San Bernardino v. Valerie Pope - Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan Steward, Inc., Steward & Associates, et al. - San Bernardino Superior Court Case No. SCVSS 108965; 1 8/16/2004 People of the State of California v. Manta Management - San Bernardino Superior Court Case No. SCVSS 18157. 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: NAACP v. City of San Bernardino MALDEF v. City of San Bernardino Gibson Group Trust v. City of San Bernardino C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9: City of San Bernardino v. Protea Hotel, Inc.; RDA/City v. Trajan Green; Redevelopment Agency of the City of San Bernardino v. Allan Steward, Allan Steward, Inc. and A.J. Five Points, L.L. C. 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: 1. Property: 247 W. Third Street Negotiating Parties: Judith Valles, Mayor, on behalf of the Redevelopment Agency, property owners, and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 2 8/ 16/2004 2. 3. Proper That parcel consisting of approximately 67.75 acres identified as Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Boulevard, Del Rosa Drive, Paul Villasenor Boulevard, and Memorial Drive. Negotiating Parties: Don Rogers on behalf of the Inland Valley Development Agency, David Newsom on behalf of Hillwood/San Bernardino LLC, Bruce Varner on behalf of State Bros. Market, James F. Penman on behalf of the City of San Bernardino Under Negotiation: Proper : Terms and conditions 621 N. "G" Street Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the San Bernardino City Housing Authority and/or Redevelopment Agency, and Rohit Doshi and Rite Family Trust, property owners Under Negotiation: Purchase price, terms and conditions Mercado Santa Fe Prqject 4. Proper 1140-1228 W. 2n' Street APN 0138-263-02, 0138-301-01, 0138-301-06, 0138-301-10 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Robert L. Kovats, property owner Under Negotiation: Purchase price, terms and conditions 5. Proper 1108 W. 2' Street APN 0138-301-07 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Belichefsky Children Family Trust, property owner Under Negotiation: Purchase price, terms and conditions 3 8/16/2004 6. Proper 1122 W. 2nd Street APN 0138-301-08 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Alice E. Spar, et al., property owners Under Negotiation: Purchase price, terms and conditions 49" Street Property - 40" Street Project Area 7. Proper 49' Street and Sierra Way APN 0154-125-12, APN 0154-125-13 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and the San Bernardino City Housing Authority, and Robert F. Buesching and Angelina M. Buesching, et al., property owners Under Negotiation: Purchase price, terms and conditions Meadowbrook Park Area 8. Proper 199 N. 2nd Street and 188 N. Allen Street APN 0135-291-16, APN 0135-291-17 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and the San Bernardino City Housing Authority, and Lilly A. Padilla, property owner Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following additional items would be discussed in closed session: Under Agenda Item No. 113, significant exposure to litigation: People v. City of San Bernardino - conflicts on the CIP; California State Automobile Association v. City; Berkson Realty Advisors, LLC v. City. Under Agenda Item No. 1C, initiation of litigation: City v. BNSF Railroad. Under Agenda Item No. 1D, personnel: Qualifications of Hugh Gonthier for the position of Supervising City Attorney Investigator 4 8/16/2004 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, Community Development Commission, and San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Council Member/Commissioner Johnson, followed by the pledge of allegiance, led by Luis Anquiano, a fourth grade student from Ramona Alessandro Elementary School. Moment of Silence Mayor/Chairman Valles offered condolences to the family and requested a moment of silence in memory of Richard John Shaddox, Sr., who passed away on August 10 as a result of West Nile Virus. Mr. Shaddox was a lifelong resident of San Bernardino County, who joined the San Bernardino Police Department in 1950 and retired as a sergeant after 29 years. Council Member/Commissioner McCammack requested a moment of silence in memory of Irene Maycross, a 30-year resident of San Bernardino and mother of Eddie Neighbarger. 2. Appointments - Mayor Valles Rikke V. Johnson - Alternate - San Bernardino Regional Water Resources Authority Robert G. McBay - Handicap Accessibility Appeals Board Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that the appointments of Rikke V. Johnson as an alternate member of the San Bernardino Water Resources Authority and Robert G. McBay as a member of the Handicap Accessibility Appeals Board, as requested by Mayor Valles, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations Mayor Valles presented Certificates of Recognition to team members of the Civitan Little League All Stars, 11- to 12-year-old division, who captured the District 43 and Section 7 championship titles. Certificates of Recognition were presented by Mayor Valles to members of the Post 777 Little League All Star Softball Team for 13 and 14 year olds, who won the California District 43 and Section 7 championships. 5 8/16/2004 2 Council Member/Commissioner McCammack presented Certificates of Recognition to members of the San Bernardino Fast Pitch Softball League for their Olympic -class accomplishments. Mayor Valles presented a proclamation designating the month of August as Immunization Awareness Month to Susan Patane. On behalf of the Mayor and Council, Mayor/Chairman Valles presented a plaque to Janet Ward, who retired from the City's Police Department on July 15 after 44 years and 9 days of outstanding service to the City. Eileen Gomez, co-chair of the Women of Achievement Committee, presented a $500 scholarship to Rhawnie Hughbanks, an intern in the Parks, Recreation and Community Services Department, and to Rina Marron, an account clerk in the City's Finance Department. Wallace Green, Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Valles in recognition of their many years of dedicated service to the City: Name Department Years of Service Rachel Clark City Clerk 15 Linda Hartzel City Clerk 10 Penny Nelson Parks, Recreation & 15 Community Services Clarence Roberts Parks, Recreation & 20 Community Services Thomas Sapien Parks, Recreation & 20 Community Services Steven Lowes Police 20 John Munoz Police 25 Lance Otey Police 20 Carlos Quiroz Police 20 Michael Reynolds Police 20 Thomas Sharp Police 20 Joseph Shuck Police 10 Lynn Merrill Public Services 10 Ronnie Ybarra Public Services 20 Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative of the Chamber of Commerce regarding various civic, community, and chamber events and activities. 6 8/16/2004 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the minutes of the following meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: July 19, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 10, 2004, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8. Personnel Actions Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the personnel actions as submitted by the Chief Examiner dated August 11, 2004, 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. 7 8/16/2004 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2004-254 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2004/2005. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted; and that the Director of Finance be authorized to increase Account No. 001-183-5505 by $100,000 for expedited engineering services, and revenue Account No. 001- 000-4671 by $100,000 to reflect corresponding reimbursement. The motion carried and Resolution No. 2004-254 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. ORD MC-1177 - An Ordinance of the City of San Bernardino adding Chapter 8.39 to the San Bernardino Municipal Code regarding seizure and forfeiture of nuisance vehicles. FINAL READING. (Continued from August 2, 2004) Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-1177 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2004-255 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias, Lockwood & Gray and the City of San Bernardino to represent the City in the case of People of the State of California v. Manta Management, et al. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-255 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 8 8/16/2004 12. RES. 2004-256 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Arias, Lockwood & Gray and the City of San Bernardino to represent the City in the case of Fu San Limited, et al. v. City of San Bernardino. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-256 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2004-257 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Wacy Armstrong, Jr. and the City of San Bernardino to represent the City in the case of San Bernardino City Unified School District v. Oscar A. Sandoval, et al. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-257 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) Note: No backup materials were submitted. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council confirm the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 8/16/2004 15. ORD. MC-1178 - An Ordinance of the City of San Bernardino modifying Chapter 19.04 (Residential Districts), Section 19.04.030 (2) (N) of the San Bernardino Municipal Code (Development Code) related to planned residential development/small lot subdivisions requirements. FINAL READING (Continued from August 2, 2004) Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-1178 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. ORD. MC-1179 - An Ordinance of the City of San Bernardino amending Chapter 19.22 (Sign Regulations) of the San Bernardino Municipal Code (Development Code) related to monument and pylon signs for regional shopping centers. FINAL READING (Continued from August 2, 2004) Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said ordinance be adopted. Ordinance No. MC-1179 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. Authorize Director of Development Services to issue a letter to California Department of Transportation (Caltrans) requesting that Caltrans conduct a public hearing on August 30, 2004, in accordance with the requirements of Section 35751 of the California Vehicle Code regarding establishing load limits on the Mt. Vernon Bridge Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the Director of Development Services be authorized to issue a letter to the California Department of Transportation (Caltrans) requesting that Caltrans conduct a public hearing on August 30, 2004, at 7:00 p.m. in the Council Chambers of City Hall in accordance with the requirements of Section 35751 of the California Vehicle Code regarding establishing load limits on the Mt. Vernon Bridge over BNSF Railroad (Bridge No. 54C0066). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 8/16/2004 18. Authorize Change Order No. One - contract with Ross A. Guy & Son, General Engineering Contractors - sanitary sewer system improvements Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. One to the contract with Ross A. Guy & Son, General Engineering Contractors, Inc. for sanitary sewer system improvements for proposed SR-210 Freeway Extension at Macy Street and Madison Street from 23rd Street to 261' Street (SW04-17) per Plan No. 10635. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2004-258 - Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution of a contract with and issuance of a purchase order to Industrial Air Innovations for the replacement of two HVAC units at Fire Station #221. Council Member/Commission Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted; that the Director of Finance be authorized to amend the FY 2004/05 budget and include the loan proceeds and expenditure of those proceeds in Account Nos. 001-321- 5706 (Alterations and Renovations) and 001-000-6453 (Loan Proceeds); and that the Purchasing Manager be authorized to solicit, as needed, lease -purchase rate quotes for the Fire Station #221 HVAC Project, the Fire Station #221 roof replacement, the Police IS Building roof replacement, and the Cat Building renovation at the Animal Control Shelter for a total of $480,000 under the existing Master Lease Agreements, and award a lease -purchase contract to the lowest responsible lease company. The motion carried and Resolution No. 2004-258 was adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. Reject all bids received in response to Request for Quote (RFQ) #F 05-013 for replacement of Class "B" uniforms and to readvertise for bids Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the Purchasing Manager to reject all bids received in response to Request for Quote (RFQ) #F 05-013 for replacement of Class "B" uniforms and to readvertise for bids. 11 8/16/2004 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2004-261 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting Amendment Number Two authorizing the City of San Bernardino Fire Department to extend the agreement with the County of San Bernardino to provide fire protection and paramedic services to County unincorporated areas within the City of San Bernardino's sphere of influence from July 1, 2004, through June 30, 2005. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2004-261 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2004-259 - Resolution of the City of San Bernardino authorizing the purchase of 200 Hewlett-Packard (HP) Desktop computers to replace existing outdated computers in various departments. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-259 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2004-260 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer a "Room to Grow" Juliana Greenhouse Grant for schools and communities. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-260 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12 8/16/2004 24. RES. 2004-262 - Resolution of the Mayor and Common Council of the City of San Bernardino accepting a grant deed from Dixie Ann Hubbard, as Trustee of the Hubbard Family Trust U/D/T and Patricia Ann Dye, Trustee of the Patricia Ann Dye Separate Property Trust for property located between 8' Street and 9' Street west of "H" Street adjacent to the I-215 Freeway, Assessors Parcel Number 0140-191-41-0-000, San Bernardino, California and dedicating the property for Water Department use. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-262 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. An Ordinance of the City of San Bernardino amending Section 12.80.130 (T) of the San Bernardino Municipal Code relating to entering or remaining in a City -owned skateboard park without skating. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Discuss funding for additional Police Officers Council Member/Commissioner McCammack advised that Police Chief Zimmon had indicated that approximately 25 additional officers need to be funded in order to fully staff the 21 beats in the current Beat Plan, 24 hours a day/7 days a week. She added that it is the Chiefs goal to do this over the next five years. At today's rates, the estimated cost of the 25 additional officers plus necessary equipment would be approximately $3 million per year. Police Chief Zimmon provided an overview of the scope and objectives of the Beat Plan, reiterating Ms. McCammack's comments regarding the need for additional officers and the associated costs. He advised that since the Beat Plan has been implemented, input from community meetings and feedback received from the public in general indicates that they are achieving the goals of the Plan. 13 8/16/2004 Chief Zimmon concluded by stating that if the full 21 beats could be funded, adding 25 officers, 3 sergeants, and approximately 10 support personnel to help keep the officers in the field, it would have a major impact on public safety. He stated that staffs belief in community policing is that it's to solve crime problems, to reduce the fear of crime, and impact the quality of life; and the Beat Plan has already shown it can do that. Detective Law thanked the Mayor and Council for involving the officers and seeking their input and help with the process of bringing this plan to fruition. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, expressed his concerns relative to investing money in policing, when it is also needed in other areas such as education and job training. The people in need of these services then end up falling through the cracks and being the very ones then occupying our prisons —a prison system which is the largest in the industrial world. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council discuss this matter, then refer it back to the Police Ad Hoc Committee for follow-up to the discussion, and continue to identify long-term funding sources. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Reclassify Account Clerk II to Account Clerk III & Administrative Clerk II to Account Clerk 11 - Facilities Management Department Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council reclassify one (1) Account Clerk II, Range 1326 ($2,256-$2,743) to Account Clerk III, Range 1345 ($2,481-$3,015); reclassify one (1) Administrative Clerk II, Range 1308 ($2,063-$2,507) to Account Clerk II, Range 1326 ($2,256- $2,743); and that the Director of Human Resources be directed to update Resolution No. 6413, Section Thirteen, and Resolution No. 97-244, to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14 8/16/2004 28. Reclassify Account Clerk II to Account Clerk III — Fire Department Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council reclassify one (1) Account Clerk II, Range 1326 ($2,256-$2,743) to Account Clerk III, Range 1345 ($2,481-$3,015); and that the Director of Human Resources be directed to update Resolution No. 6413, Section Thirteen, and Resolution No. 97-244. to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. Reclassification of Assistant to the City Administrator to Assistant City Administrator Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council reclassify one (1) Assistant to the City Administrator position, Range 4530, $6,242-$7,587/month to new classification of Assistant City Administrator, Range 4568, $7,544-$9,170/month, effective August 16, 2004; and that the Director of Human Resources be directed to update Resolution No. 6413 and Resolution No. 2003-328. to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Establish new classification of Supervising City Attorney Investigator and reclassify one existing City Attorney Investigator to new classification Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council establish a new classification of Supervising City Attorney Investigator, Range 3507, $5,565-$6,765/month, effective August 16, 2004; reclassify one (1) City Attorney Investigator position, Range 3477, $4,792-$5,824/month to new classification of Supervising City Attorney Investigator, Range 3507, $5,565- $6,765/month, effective August 16, 2004; and that the Director of Human Resources be directed to update Resolution No. 6413 and Resolution No. 2003- 328, to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15 8/16/2004 31. Salary increase for position of Extra Relief Heavy Laborer - Public Services Department Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council approve a salary increase for the position of Extra Relief Heavy Laborer from $7.25/hour to $9.25/hour, effective September 1, 2004; approve a salary increase for the position of Extra Relief Heavy Laborer from $9.25/hour to $11.25/hour, effective, July 1, 2005; that the Director of Human Resources be directed to update Resolution No. 6413, Section Thirteen, to reflect this action; and that the Director of Finance be authorized to amend the FY 2004/05 adopted budget and appropriate $5,700 from the Fleet Fund's unreserved/ undesignated fund balance to Account No. 635-341-5014 (P/T salaries), $31,000 from the Refuse Fund Account Nos. 527-415-5014 ($17,700), 527-413- 5111 ($5,500) and 527-412-5111 ($7,800) to Account No. 527-413-5014 (P/T salaries). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R32. Public hearing - 2004 Disposition and Development Agreement with Stan Robbins and Jim Robbins - purchase of Agency property located at 5055 N. Hallmark Parkway (Continued from August 2, 2004) A Resolution of the Community Development Commission of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino to Stan Robbins and Jim Robbins, and authorizing the Agency Executive Director to execute the 2004 Disposition and Development Agreement between the Agency and Stan Robbins and Jim Robbins (5055 N. Hallmark Parkway). (R32A) A Resolution of the Mayor and Common Council of the City of San Bernardino approving the sale of certain real property by the Redevelopment Agency of the City of San Bernardino to Stan Robbins and Jim Robbins (5055 N. Hallmark Parkway). (R32B) No backup materials were submitted. The hearing remained open. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the matter be tabled. 16 8/16/2004 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 33. Resolution of the Mayor and Common Council of the City of San Bernardino approving the San Bernardino City Professional Firefighters Welfare Benefit Plan authorizing payroll deductions by the City of San Bernardino for participating members. (Continued from August 2, 2004) No backup materials were submitted. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of September 20, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 34. RES. 2004-263 - Resolution of the Mayor and Common Council approving and adopting the City of San Bernardino's Final Budget for Fiscal Year 2004-2005 and establishing the City's appropriation limit as required by Article XXIII B of the California State Constitution. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2004-263 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 35. Resolution of the Mayor and Common Council of the City of San Bernardino adopting the 2004/2005 through 2008/2009 Capital Improvement Program. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of September 7, 2004. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis. 17 8/16/2004 36. Public hearing - Development Code Amendment No. 04-03 - modify Chapter 19.70 of the Development Code pertaining to Temporary Use Permits An Ordinance of the City of San Bernardino amending Chapter 19.70 (Temporary Use Permits) of the San Bernardino Municipal Code (Development Code) related to activities on City -owned property and City - sponsored activities. FIRST READING Mayor/Chairman Valles opened the hearing. City Planner Valerie Ross provided an overview of the staff report, advising that this particular amendment would allow temporary used vehicle sales at Arrowhead Credit Union Park. It was noted that the display of cars would only be permitted in the parking lot area of the park. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; that said ordinance be laid over for final adoption; that the City Administrator's Office be directed to prepare implementation guidelines, and that the application processing fee of $1,506 be refunded. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. Initiate General Plan Amendment - north side of King Street, between Mt. Vernon Avenue and Giovanola Avenue Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council initiate a General Plan Amendment to consider changing the land use designation from CG-4, Commercial General, to RS, Residential Suburban, for seven parcels located on the north side of King Street, between the alley that is east of Mt. Vernon and Giovanola Avenue. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18 8/16/2004 38. General Plan Amendment No. 04-02 - Uptown and Central City North Redevelopment Project Area Plan - reinstatement of eminent domain and other entitlement actions (Continued from July 19, 2004) RES. 2004-264 - Resolution of the City of San Bernardino adopting the Facts, Findings and Statements of Overriding Consideration, certifying the Program Environmental Impact Report, adopting the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain in the Uptown and Central City North Redevelopment Project Area Plans and other entitlement actions, certifying the Traffic Impact Analysis Report, and adopting General Plan Amendment No. 04-02. Council Member/Commissioner McCammack advised that she would be abstaining on Agenda Item Nos. 38, R39, and R40 because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. City Planner Valerie Ross provided a recap of the actions taken at the Council/Commission meeting of July 19, 2004; advised that staff had complied with all requirements and requisite notifications; and that staff was recommending that the Council adopt the proposed resolution. Shade Awad, 685 West Baseline, San Bernardino, CA, owner of the Midway Market, stated that what concerned him the most were the dates —how long do they have and when will they be notified —as it is very difficult to plan for the future when you have no information. He also questioned who will assess the fair market value of the property. Carolyn Zazueta, 252 Kendall Avenue, San Bernardino, CA, stated that she resides in the Mercado Santa Fe Project Area, questioned why the City believes the area is blighted, and expressed concern regarding the time frame and dates. Ghassan Nabdullah, 1129 North "I"' Street, San Bernardino, CA, was not present, but submitted a speaker's slip recommending denial of this item. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-264 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 19 8/16/2004 COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel, City Clerk Clark. Absent: None. R39. Uptown Redevelopment Project Area Plan Amendment - Eminent Domain - Reinstatement of Eminent Domain (Continued from July 19, 2004) RES. CDC/2004-25 - Resolution of the Community Development Commission of the City of San Bernardino as a responsible agency under the California Environmental Quality Act adopting a Statement of Overriding Considerations, and making findings that a Final Program Environmental Impact Report, and the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain Powers in the redevelopment project areas of the Uptown Redevelopment Project and the Central City North Redevelopment Project fully and adequately address the potential environmental effects of the approval by the Commission of such redevelopment plan amendments. (R39A) RES. CDC/2004-26 - Resolution of the Community Development Commission of the City of San Bernardino making findings regarding conditions of blight in the redevelopment project area of the Uptown Redevelopment Project, approving the Section 33352 Report to the Mayor and Common Council on the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project and approving the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project. (R39B) RES. 2004-265 - A Resolution of the Mayor and Common Council of the City of San Bernardino adopting written responses to written and oral objections to the Amendment to the Uptown Redevelopment Project Area Plan. (R39C) Ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2004 Eminent Domain Amendment to the Redevelopment Plan for the Uptown Redevelopment Project. FIRST READING Council Member/Commissioner McCammack advised that she would be abstaining on Agenda Item Nos. 38, R39, and R40 because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. 20 8/16/2004 Mike Trout, Project Manager, Economic Development Agency, advised that on July 19 there was a joint public hearing to consider an eminent domain amendment for both the Central City North and Uptown Redevelopment Project Areas. Following the receipt of written objections, presentation of the staff report, and presentation of oral objections, the public hearing was closed. Mr. Trout pointed out that if there are objections to a plan amendment, California Redevelopment Law requires the responsible agency to prepare responses and findings to those objections. Therefore, attached to the staff report was Exhibit A, Written Responses and Findings to Written and Oral Objections. He explained that Part I of the exhibit was the written response and findings to the three letters that were received prior to the public hearing. Part II was the Agency's written response and findings to the oral objections that were presented at the public hearing, of which there were twelve —three of which came from the individuals who also provided written objections. Mr. Trout stated that the following documents were also attached to the staff report: • Attachment No. 1 - a verbatim transcript of the oral testimony given by the twelve individuals; • Attachment 2 - a copy of all "speaker slips" submitted by those individuals who spoke, annotated as to project area, and in the case of the Uptown Project Area, whether it is sub -area A or B; • Attachment 3 - a summary of mailed notice contact information for those persons who submitted "speaker slips" at the public hearing; and • Attachment 4 - a copy of the Redevelopment Agency Property Acquisition and Relocation Policies and Guidelines and responses to frequently asked questions regarding property acquisition and relocation. Mr. Trout advised that Agency staff had gone to great lengths to make sure that they have followed the law in providing responses and findings to each objection, and that information is provided for the Council and to those individuals who gave testimony, both written and oral, at the July 19 public hearing. Council Member/Commissioner Longville stated that she represents a significant portion of the area, known as Uptown A, the old historic Uptown area from 9`' Street all the way up to Highland Avenue that is east of the 215 Freeway. She stated that she has worked with very limited success at trying to redevelop some of the commercial corridors that are filled with vacant lots, boarded up buildings, and some very nice viable local businesses. She stated that the problem that has been encountered time and time again in the old commercial zone is that these parcels that have been vacant for more than a year and need to be rebuilt under current zoning and health and safety 21 8/16/2004 requirements. In many cases the proposed new uses require larger lots than old historic lots and more parking than older businesses did back in the days when Highland and Baseline and E Street and some of those areas were developing. Ms. Longville stated that it has been very difficult listening to people's frustrations over the past six years regarding this area. She admitted that she has had little success at making anything come to be in those areas, in large part because it requires that you assemble vacant and boarded up property and requires that you work with multiple property owners to get them to work together. She stated that eminent domain is a tool which is needed, but will be used very discriminately; and not used to impact viable businesses or residences. She stated that it pained her to have to tell people that their area will go back under eminent domain; and she understands that no one wishes it to be that way in their area. However, she believes this is the right thing to do. She advised that the City has no intentions of doing what has been circulated in a flyer that has gone through the neighborhoods which has been misleading, filled with false information, and very alarming to some very good people. Ms. Longville conceded that if a person lives in the lakes and streams area, they have had something hanging over their heads for seven years, and she cannot make that go away. However, it will work itself out in time when the City decides whether or not that reservoir will ever happen. She noted, however, that in the rest of the Uptown Redevelopment Project Area, beautification and upgrading of existing properties is a part of what the City does —and they always have —whether its facade improvements, homeowner beautification grants, or loans to rehab residential property —the City has done them all and will keep on doing them; and this tool is needed. She concluded by stating that with the exception of the people who live and have a business on the south side —Baseline Avenue between "E" Street and the freeway, or between the areas of Baseline and 9' Street —for the rest of the area there is no grand scheme for any such thing. Robert Rego, president of the Highland Avenue Area Business Association, submitted a letter dated August 16, 2004, which was read into the record by Steve Sutherland, 426 West Baseline, wherein he expressed support of the eminent domain amendment. 22 8/16/2004 Linda Sutherland, 426 West Baseline, San Bernardino, CA, business and commercial property owner, member and president of the Baseline Area Business Association, and member and chairman of the Project Area Committee Sub -areas A & B, read and submitted a letter in support of the eminent domain amendment. Shade Awad, 685 West Baseline, San Bernardino, CA, expressed concern that the residents and businesses do not have dates and times and do not know what is going on. Tom O'Neal, 1156 North "F" Street, San Bernardino, CA, stated he was against the use of eminent domain. He stated that all business owners should be notified and informed as to dates and timelines. In response to some of the comments, it was noted that the reinstatement of eminent domain in the Uptown Project Area has nothing to do with the lakes and streams project. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions A-C, be adopted; and that said ordinance be laid over for final adoption. The motion carried and Community Development Resolution Nos. CDC/2004- 25 and CDC/2004-26 and Mayor and Common Council Resolution No. 2004- 265 were adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. R40. Central City North Redevelopment Project Area Plan - Amended and Restated Redevelopment Plan (Continued from July 19, 2004) RES. CDC/2004-27 - Resolution of the Community Development Commission of the City of San Bernardino as a responsible agency under the California Environmental Quality Act adopting a Statement of Overriding Considerations, and making findings that a Final Program Environmental Impact Report, and the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain Powers in the Redevelopment project areas of the Uptown Redevelopment Project and the Central City North Redevelopment Project fully and adequately address the potential environmental effects of the approval by the Commission of such redevelopment plan amendments. (R40A) 23 8/16/2004 RES. CDC/2004-28 - Resolution of the Community Development Commission of the City of San Bernardino, making findings regarding conditions of blight in the Redevelopment Project Area of the Central City North Redevelopment Project; approving the Section 33352 Report to the Mayor and Common Council on the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project and approving the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. (R40B) RES. 2004- 266 - A Resolution of the Mayor and Common Council of the City of San Bernardino adopting written responses to written and oral objections to the amended and restated Plan for the Central City North Redevelopment Project Area. (R40C) Ordinance of the Mayor and Common Council of the City of San Bernardino adopting the 2004 Amended and Restated Redevelopment Plan for the Central City North Redevelopment Project. FIRST READING (R40D) Council Member/Commissioner McCammack advised that she would be abstaining on Agenda Item Nos. 38, R39, and R40 because she owns property in the Uptown Redevelopment Project Area. She left the Council Chambers and returned after the vote was taken. Mike Trout, Project Manager, Economic Development Agency, advised that Exhibit A to the staff report contained the same information as previously provided in Exhibit A to the Uptown Project Area (see related Agenda Item No. R39). He stated that it was difficult to determine which project was being addressed with some of the objections; therefore, all responses were included in both the Uptown and Central City North staff reports. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions A-C, be adopted; and that said ordinance be laid over for final adoption. The motion carried and Community Development Resolution Nos. CDC/2004- 27 and CDC/2004-28 and Mayor and Common Council Resolution No. 2004- 266 were adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. 24 8/16/2004 R41. Economic Development Agency Fiscal Year 2004-05 Budget City Attorney Penman advised that Council Member/Commissioner McCammack would be abstaining on Resolution B, because she owns property in the Uptown Redevelopment Project Area, and requested that the vote be taken on Resolution B first, prior to Ms. McCammack's return to the dais. Therefore, although shown in sequential agenda order below, the vote was actually taken on R41B first. RES. CDC/2004-30 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's budget for the Fiscal Year 2004-05 except for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area. (R41A) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2004-30 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. RES. CDC/2004-29 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving the Economic Development Agency's budget for those portions of certain budget lines which are related to the Uptown Redevelopment Project Area for the Fiscal Year 2004-05. (R41B) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2004-29 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/Commissioner McCammack. Absent: None. R42. 303 W. Third Street - Amendment to HUD Section 108 Loan Agreement, Owner Participation Agreement, & EDI Loan Agreement 303, L.L.C. RES. 2004-267 - A Resolution of the Mayor and Common Council approving the August 2004 Memorandum of Amendment to the HUD Section 108 Loan Guarantee Agreement by and between the United States Department of Housing and Urban Development (HUD) and the City of San Bernardino (303 LLC Project). (R42A) 25 8/16/2004 RES. 2004-268 - A Resolution of the Mayor and Common Council of the City of San Bernardino approving the August 2004 Amendment to the 2000 Community Development Block Grant Program Section 108 Project Development Loan Agreement, Dated September 18, 2000, by and between 303, L.L.C., and the City of San Bernardino. (R42B) RES. CDC/2004-31 - A Resolution of the Community Development Commission of the City of San Bernardino approving the August 2004 Amendment to the 2000 Owner Participation and EDI Loan Agreement and EDI Loan Forbearance Agreement, dated September 18, 2000, by and between 303 L.L.C., and the Redevelopment Agency of the City of San Bernardino. (R42C) City Attorney Penman stated he would abstain because one of the people involved in this matter contributed to his campaign. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolutions A-C, be adopted. Mayor and Common Council Resolution Nos. 2004-267 and 2004-268 and Community Development Commission Resolution No. CDC/2004-31 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R43. RES. CDC/2004-32 - A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency to execute the 2004 Property Owner Participation Agreement with Mr. Reyes et al ("Owners") for the development of a single-family home on the property (APN: 0135- 292-09) located on East King Street (Meadowbrook Park Neighborhood - 1VDA Project Area). Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2004-32 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26 8/16/2004 44. Public Comments Jay Lindburg, 6340 Orange Knoll, San Bernardino, CA, presented copies of his book titled, Drug War Economics, The Machine Behind the Madness, and spoke regarding the prisons, drugs, policing issues, etc. Julie Fietz, 2728 North Arrowhead Avenue, San Bernardino, CA, stated that she thought the City should rethink its ordinance regarding parked recreational vehicles (Municipal Code Section 19.24.060). 45. Adjournment At 7:57 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., Tuesday, September 7, 2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 45 No. of Hours: 4 RACHEL G. CLARK City Clerk By: C Linda E. Hartzel Deputy City Clerk 27 8/16/2004