HomeMy WebLinkAbout10-04-2004 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 4, 2004
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 Valles
at 1:40 p.m., Monday, October 4, 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, Derry, Kelley, Johnson, McCammack;
City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Members/Commissioners Estrada, McGinnis.
COUNCIL MEMBER/COMMISSIONER ESTRADA ARRIVED
At 2:00 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):
Manta Management Corporation v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 18157;
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;
Praven D. Patel, et al. v. City of San Bernardino - United States District
Court Case No. ED CV 98-298 RT (RGLx);
Debra Daniel v. City of San Bernardino - Workers' Compensation Appeals
Board Case Nos. SBR 0298 and LBO 0329089.
10/04/2004
B. Conference with legal counsel - anticipated litigation - significant exposure
to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government
Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to subdivision (c) of Government Code Section 54956.9:
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. Property: 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 Stater Bros. Markets.
James F. Penman on behalf of the City of San
Bernardino.
Under Negotiation: Terms and conditions
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Uptown Project Area
3. Property: APN 0145-242-32, 0145-242-33
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency of the City of
San Bernardino, property owner(s)
Under Negotiation: San Bernardino City Unified School District
("District')
4. Property: That parcel located at the southwest corner of
Tippecanoe and Harriman Place, formerly
known as the University Inn Motel, formerly
located at 1914 S. Tippecanoe, San Bernardino,
CA 92408
Negotiating Parties: Vibhakerbhai B. Patel and Vimalaben V. Patel,
on behalf of the motel, and Gary Van Osdel,
Executive Director, on behalf of the Economic
Development Agency
Under Negotiation: Terms and conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under Agenda Item 1A, Existing Litigation:
Rosario Aguilar v. City of San Bernardino, Southern California Edison, et al. -
San Bernardino Superior Court Case No. SCVSS 115557;
_City of San Bernardino Municipal Water Department v. United States
Department of the Army - United States District Court Case Nos. CV 96-8867
and CV 96-5205.
Under Agenda Item 1B, Significant Exposure to Litigation:
Richard Lewis and San Bernardino City Professional Firefighters, Local 891 v.
City of San Bernardino; and
Agenda Items 21, 27, 40, 41, 42 and S1.
Under Agenda Item 1C, Initiation of Litigation:
City of San Bernardino v. County of San Bernardino and Dayton Aggregates.
3 10/04/2004
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common Council and
Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Matthew Witter of San Bernardino Baptist Church,
followed by the pledge of allegiance, led by Bernice Rico, a fifth grade student from
Ramona Allesandro Elementary School.
2. Appointments - Board of Police Commissioners
• Gwen Terry - Council Member/Commissioner McGinnis
• Teresa Flores -Lopez - Council Member/Commissioner Estrada
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the appointments of Gwen Terry and
Teresa Flores -Lopez to the Board of Police Commissioners, as requested by Council
Members/Commissioners McGinnis and Estrada, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
COUNCIL MEMBER/COMMISSIONER McGINNIS ARRIVED
At 3:17 p.m., Council Member/Commissioner McGinnis arrived at the Council/
Commission meeting.
3. Presentations & Proclamations
A proclamation designating the week of October 3-9, 2004, as "Test Your Smoke
Alarms," Fire Prevention Week was accepted by Fire Chief Larry Pitzer.
A resolution of commendation was presented to Mike Legge, Western Regional
Director of Little League, in appreciation of his outstanding service to the residents
and youngsters of the City of San Bernardino, and wishing him good health and
continued success in his newly accepted position of Manager of New League
Development for Little League Baseball in St. Petersburg, Florida.
Jim Ruester, Director of Cultural/Fine Arts and International Affairs, introduced a
delegation of visitors from Wuhan, China, who are visiting the United States for
approximately five months to study varying aspects of urban governments and
planning.
4 10/04/2004
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 Johnson made a motion, seconded by Council
Member/Commissioner Longville, that full reading of the resolutions and ordinances
on the regular and supplemental agendas of the Mayor and Common
Council/Community Development Commission, 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 Johnson made a motion, seconded by Council
Member/Commissioner Longville, that the minutes of the following meetings of the
Mayor and Common Council/Community Development Commission of the City of
San Bernardino be approved as submitted in typewritten form: August 16, 2004;
and September 7, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that the personnel actions as submitted by the
Chief Examiner dated September 29, 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.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
8. ORD. MC-1184 - An Ordinance of the City of San Bernardino, California
levying a special tax relative to Community Facilities District No. 1033. FINAL
READING.
5 10/04/2004
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said ordinance be adopted.
Ordinance No. MC-1184 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
ORD. MC-1185 - An Ordinance of the City of San Bernardino amending
Section 12.80.020, Definitions, of the San Bernardino Municipal Code, by
adding Paragraph "G" to define inline skates. FINAL READING.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said ordinance be adopted.
Ordinance No. MC-1185 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. ORD. MC-1186 - An Ordinance of the City of San Bernardino amending
Section 5.04.360 of the San Bernardino Municipal Code and adding Chapter
9.60 to the San Bernardino Municipal Code to prohibit aggressive soliciting.
FINAL READING.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said ordinance be adopted.
Ordinance No. MC-1186 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. ORD. MC-1187 - An Ordinance of the City of San Bernardino amending
Section 15.24.030 of the San Bernardino Municipal Code regarding property
maintenance definitions. FINAL READING.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said ordinance be adopted.
Ordinance No. MC-1187 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. 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)
6 10/04/2004
Note: No backup materials were distributed.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, 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.
13. Designation of Voting and Alternate Voting Delegates - National League of
Cities' Congress of Cities - Indianapolis, Indiana - December 4, 2004
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that Council Member McCammack be designated
as the City's Voting Delegate and Council Member McGinnis be designated as the
Alternate Voting Delegate at the National League of Cities' Annual Business
Meeting to be held on December 4, 2004, at the Congress of Cities in Indianapolis,
Indiana.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
14. RES. 2004-306 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Subdivision Tract No. 16509-1
located on the west side of Northpark Boulevard between University Parkway
and the Devil Creek Flood Control Channel, 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 Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-306 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7 10/04/2004
15. RES. 2004-307 - 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 Magnolia Avenue and
Ohio 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. 1030; preliminarily approving the Engineer's Report
and giving notice of a public meeting and public hearing.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-307 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2004-308 - Resolution of the City of San Bernardino amending Resolution
No. 655 entitled, in part, "A Resolution ... designating certain streets, or
portions thereof as through highways..." and establishing a three way stop at
the intersection of Rosarita Street/Bronson Street at Christy Avenue.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-308 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2004-309 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Guzman Construction Company, for
Storm Drain improvements in Rialto Avenue from Rancho Avenue to
Pennsylvania Avenue (SD04-09) per Plan No. 10311.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2004/05 budget by transferring
$59,000 in unallocated Storm Drain Funds to Account No. 248-368-5504-7255,
Rialto Avenue Storm Drain (SD04-09).
The motion carried and Resolution No. 2004-309 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
8 10/04/2004
18. Authorize Change Order No. One to contract with David T. Wasden, Inc. - 9'
Street Storm Drain Improvements from Waterman Avenue to East Twin Creek
Channel - Plan No. 10676
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that the Director of Development Services be
authorized to execute Change Order No. One to contract with David T. Wasden,
Inc. for 9' Street Storm Drain Improvements from Waterman Avenue to East Twin
Creek Channel per Plan No. 10676.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
19. RES. 2004-310 - Resolution of the City of San Bernardino amending Resolution
No. 3985 entitled, in part, "A Resolution ... prohibiting parking upon certain
designated streets, alleys, or portions thereof ..." to establish a No Parking
Except by Permit at Any Time zone on Los Feliz Drive between Twenty-eighth
Street the terminus of Los Feliz Drive north of Citrus Street, excepting the
section on the west side between Twenty-eighth Street and Twenty-ninth Street,
on Mirada Road between Los Feliz Drive and the terminus of Mirada Road east
of Los Feliz Drive, and on Twenty-ninth Street between Los Feliz Drive and the
Terminus of Twenty-ninth Street east of Los Feliz Drive.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-310 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2004-311 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a contract with and issuance of a
purchase order to Cabral Roofing & Waterproofing Corp. in the amount of
$281,794 for the replacement of two roof sections at Carousel Mall per RFQ F-
05-011.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-311 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9 10/04/2004
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the City of San Bernardino Fire Department to enter into a billing
services agreement with Advanced Data Processing, Inc. (ADPI) for first
responder, paramedic, and membership program fees.
Note: The resolution was not distributed with the backup materials.
Council Member/Commissioner McCammack had a concern that this national billing
service would not be as customer friendly as the previous local billing service.
City Attorney Penman requested that this matter be continued for two weeks.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of October 18, 2004.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
22. RES. 2004-312 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Fire Department to accept an award from the
Federal Emergency Management Agency (FEMA) in the amount of $360,600.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted; and that the
Director of Finance be authorized to appropriate $108,200 (rounded) from the
General Fund Budget Reserve to the Fire Department budget.
The motion carried and Resolution No. 2004-312 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
23. RES. 2004-313 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Purchasing Manager to issue a purchase order
to Zoll Medical Corporation in the amount of $230,191.70 for fourteen (14) new
defibrillators.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-313 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10 10/04/2004
24. RES. 2004-315 - Resolution of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or her designee to execute an Agreement
with the San Bernardino City Unified School District relating to the delivery of
Type A lunches to City sites for the District's year-round lunch program.
City Attorney Penman abstained on this matter because his wife is a member of the
school board. He left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-315 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. RES. 2004-316 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an annual purchase order to
Petrochem Marketing, Inc. for the supply and application of Flex Seal
Rubberized Aggregate Slurry, at various locations throughout the City of San
Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-316 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2004-317 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing an increase to a purchase order to Matich
Corporation and/or Vulcan Materials/Cal Mat Division to supply materials for
roadway pavement rehabilitation for use by the Public Services Department.
Council Member/Commissioner Longville abstained on Project No. SSO4-133 as it is
located within 500 feet of her residence.
Council Member/Commissioner McCammack abstained on Project No. SS05-19 as
one of her clients is providing the money for this project.
City Attorney Penman abstained because the Matich Corporation has made
contributions to his campaigns in the past. He left the Council Chambers and
returned after the vote was taken.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
11 10/04/2004
Resolution No. 2004-317 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. RES. 2004-314 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the City of San Bernardino Municipal Water
Department Revised Investment Policy for the proceeds received from the
settlement of State of California, on behalf of the Department of Toxic Substances
Control v. United States Department of the Army, et al., United States District
Court Case No. CV 96-5205(MRP) Consolidated with City of San Bernardino
Municipal Water Department v. United States Department of the Army, United
States District Court Case No. CV 96-8867(MRP), and repealing Resolution No.
2004-283.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-314 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2004-318 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of a Partnership Planning Grant
application in the amount of $175,000 for Fiscal Year 2005/2006 to perform a
Transportation System Study and Database Development for the City of San
Bernardino.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-318 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. RES. 2004-319 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of a Transit Planning Professionals
Development Grant in the amount of $45,000 for Fiscal Year 2005/2006.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2004-319 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12 10/04/2004
30. RES. 2004-320 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying submittal of a grant application for the Mobil Source
Reduction Committee (MSRC) Diesel Exhaust After -treatment Retrofit
Program.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-320 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
31. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Development Services Department to apply for and administer a
Community -Based Transportation Planning Grant from Caltrans in the amount
of $250,000 to prepare the I-210 Corridor Enhancement Plan.
Council Member/Commissioner Johnson stated that the Arroyo Valley Community
Economic Development Corporation (AVCEDC) approached him with a proposal to
partner with them in applying for a community -based transportation planning grant.
He stated that the proposal was a plan to positively prepare part of the City's west
side for the impact that will be felt upon completion of the final segment of the I-210
Freeway in 2007.
Mr. Johnson stated that on August 2, he met with the corporation to discuss how
they were going to approach the grant proposal undertaking. He stated that part of
their desire was to revitalize three existing corridors: Baseline, Highland and Route
66, while creating destination points that tie into the Santa Fe Depot, as well as the
proposed creation of a State Street Rapid Transit Corridor. On September 9, all of
the parties met to refine the grant proposal and they recognized that an older existing
plan was in place in parts of the area they were considering. Their desire was to
overlay the existing plan with the new one, thus allowing this process to move
forward in unity.
Mr. Johnson stated that the proposal that went to the Grants Committee was changed
into the document that was now before the Council. He stated that AVCEDC could
have gone to the City of Rialto with this grant proposal, but instead they decided to
come to a certain community in the City of San Bernardino where the median
income is $23,000, compared to $45,000 City-wide, and give that community an
opportunity to set down a plan that would not only capitalize on opportunities for
economic renewal and neighborhood revitalization, but also beautify a new and
important gateway to the City of San Bernardino. Mr. Johnson proposed that Agenda
Item No. 31 be replaced with the original proposal that went to the Grants
Committee.
13 10/04/2004
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Derry, that the original proposal be approved. (Note: No
vote was taken.)
Angela Saunders, P.O. Box 3452, Running Springs, CA, Vice -President of the
Arroyo Valley Community Economic Development Corporation, stated that they are
considered by the Federal Government to be a Community Development
Corporation, which means that they can go into any community with HUD federal
dollars, HOME dollars, CDBG funding and Community Foundation funding in
partnership with investors that want to do community development. In addition,
they are a Community Housing Development Organization (CHDO) for the cities
and counties of San Bernardino and Riverside. She stated that they chose the City of
San Bernardino because of their historical connection with the Sixth Ward. Ms.
Saunders stated that they have a commitment to help revitalize and develop the
commercial corridors, and it is an opportunity for them to have their visions put into
place and involve the community. She asked the Council to consider the proposed
grant in its original form.
City Attorney Penman advised that the original project proposed by Council
Member/Commission Johnson had not been agendized and could not be considered
under the Brown Act. He recommended continuing the present item, posting a new
agenda 72 hours in advance, and adding the new item to that agenda to be discussed
at that time.
Council Member/Commissioner Estrada made a substitute motion, seconded by
Council Member/Commissioner Longville, that the present matter be continued to
the Council/Commission meeting of October 11, 2004, at 4:30 p.m.; and that the
new (original) item, as submitted by Council Member/Commissioner Johnson, also
be considered at that time. (The vote was taken following further discussion.)
Dolores Armstead, 2529 San Anselmo, San Bernardino, CA, stated that supporters
of the original proposal wanted a guarantee that the item would appear on Monday's
agenda because there is a deadline and they would not be able to have another
meeting.
Mrs. Lee of Neighborhood Watch, stated that the Council should have notified Mr.
Johnson as soon as they noticed that the item had been changed.
The substitute motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. Reclassify position of CATV Programming/Traffic Assistant from part-time to
full-time in the Telecommunications Division
14 10/04/2004
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council reclassify the
position of CATV Programming/Traffic Assistant, part-time, $11.22-$13.82 per
hour, to a full-time position at Range 1318, $2,168-$2,635 per month; that the
Human Resources Department be authorized to update Resolution No. 6413 to
reflect this action; and that the Director of Finance be authorized to transfer $1,000
from Account No. 107-261-5111, $1,500 from Account No. 107-261-5172, and
$22,400 from Account No. 107-261-5014 to Account No. 107-261-5011.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
33. Increase salary for position of Police call -taker in the Police Department
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council increase
the salary range for the position of Police Call -Taker, part-time, from $10.66-$12.96
per hour to $14.75-$17.93 per hour; and that the Human Resources Department be
authorized to update Resolution No. 6413 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.
34. Salary increases - Headstart/preschool positions
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council approve
salary increases for the following Headstart/Preschool positions, effective September
1, 2004: Teacher/Director, from $16.33 to $16.87; Teacher, from $14.19 to $14.46;
Teacher Aide, from $9.62 to $9.81; Typist Clerk (Headstart) from $9.99 to $10.19;
and that the Human Resources Department be authorized to update Resolution No.
6413, Section 13.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
35. An ordinance of the City of San Bernardino amending Sections 5.04.495 and
5.04.496, and adding Section 5.04.499 of the San Bernardino Municipal Code
regarding Transient Vendors. FIRST READING
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be laid over for final adoption.
15 10/04/2004
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
R36. Arrowhead Avenue street improvements
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that the Redevelopment Agency of the City of San
Bernardino be authorized to commit $64,000 for street improvements on Arrowhead
Avenue, generally south of Mill Street, north of Central Avenue, subject to an
appropriate agreement being brought back for Commission consideration.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
R37. A Resolution of the Community Development Commission of the City of San
Bernardino approving and adopting the City of San Bernardino Redevelopment
Agency 2004 Replacement Housing Plan.
Note: No backup materials were distributed.
Maggie Pacheco, Economic Development Agency Deputy Director, requested that
this matter be continued to the next Council meeting.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of October 18, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
38. Ordinance of the City of San Bernardino repealing Chapters 2.47 (Central City
Advisory Board), 2.44 (Cemetery Commission), 2.41 (Main Street Advisory
Board), 2.27 (Commission for Disabled Persons), and 2.24 (Central City
Parting Place Commission) of the San Bernardino Municipal Code, and
amending Section 2.42.020 of the San Bernardino Municipal Code by adding
Paragraph "I" relating to meetings of the Community Television Commission.
FIRST READING (Continued from September 20, 2004)
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of October 18, 2004.
16 10/04/2004
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
39. Resolution of the City of San Bernardino authorizing execution of a lease with
the Union Pacific Railroad Company for a Hike -and -Bike Trail, beautification
and purposes incidental thereto on Union Pacific Railroad Company property
along Inland Center Drive. (Continued from September 20, 2004)
Fred Wilson, City Administrator, requested that this matter be tabled.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that the matter be tabled.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
40. Resolution of the Mayor and Common Council of the City of San Bernardino
establishing a Disadvantaged Business Enterprise (DBE) Program and DBE
Goals for Federal Financial Assistance Projects. (Continued from September 20,
2003)
Fred Wilson, City Administrator, requested that this matter be continued for two
weeks.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of October 18, 2004.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
41. RES. 2004-321 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the City to donate two (2) water tenders from
surplus to Valle de Banderas, State of Nayarit, Mexico. (Continued from
September 20, 2004)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2004-321 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17 10/04/2004
42. RES. 2004-322 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute an agreement with the San
Manuel Band of Mission Indians relating to public improvement projects related
to Tribal Project Impacts. (Continued from September 20, 2004)
Council Member/Commissioner McCammack abstained due to the fact that San
Manuel is a business client. She left the Council Chambers and returned after the
vote was taken.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. (Note: The vote
was taken following further discussion.)
Paul F. Mordy, 5696 Blythe Avenue, Highland, CA, submitted correspondence
addressed to Mayor Judith Valles dated October 4, 2004, and spoke regarding the
agreement between the City of San Bernardino and the San Manuel Band of Serrano
Mission Indians that would commit the City to perform work to reconstruct Victoria
Avenue and rearrange traffic circulation patterns that would have significant adverse
effects on the residents in that area. He stated that the California Environmental
Quality Act (CEQA) requires that an environmental review be done in the earliest
stages of the process —before an agreement is signed. Mr. Mordy stated that it
appears that the real purpose of this agreement is to speed traffic into the casino. He
urged the Council to perform the environmental review as required by CEQA and
not take action on the agreement.
Rheba Hewitt, 2805 Mirada Road, stated that this agreement would have significant
negative impacts on all the residents on Victoria Avenue. She stated that she had a
copy of an acoustical engineering analysis that states that the mitigation measures are
not adequate and will not mitigate the noise nor the speed on Victoria Avenue. She
stated that she is upset that there hasn't been as much communication as there should
have been about this project. She also stated that she sent a letter to the Mayor's
office with several reasons why you cannot widen Victoria Avenue such as the
cemetery; Patton State Hospital water wells, security, fence, cameras and buffer
zones; increased traffic problems, etc. Ms. Hewitt stated that the analysis states that
the Indian environmental assessment used skewed criteria for judging the noise on
Victoria —they used criteria for a commercial zone where there is intense noise
instead of using the criteria and standards for a residential zone; therefore, their
results were very skewed and totally inadequate, if not totally false.
Council Member/Commissioner Derry added that this was just the beginning of the
process and that no engineering has been done on this project. He stated that there
actually is no project at this point, just some suggestions and an agreement that has
been signed to move forward on improvements to the community. Mr. Derry stated
that he has significant concerns about turning portions of Victoria into four lanes and
noted that Patton State Hospital has made it very clear that they have no intention of
18 10/04/2004
allowing the City to widen the street. He stated that the City will need to have
public hearings, and he had planned to meet with neighbors to get their input on
what they want to see such as higher sound walls, etc., and he is willing to look to
funding sources from within the City and other areas.
Resolution No. 2004-322 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.
Note: Due to the fact that the recommended motion contained budget language that
was inadvertently omitted, the matter was reconsidered at the
Council/Commission meeting of October 11, 2004.
43. Resolutions authorizing the Mayor or her designee to execute five (5)
Memorandums of Understanding between the City of San Bernardino and five
(5) nutrition sites to provide a meal service site for the Senior Nutrition
Program (Continued from September 20, 2004)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute a Memorandum of
Understanding between the City of San Bernardino and the 10' Street Seventh-
Day Adventist Church relating to a meal serving site for the Senior Nutrition
Program. (43A)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute a Memorandum of
Understanding between the City of San Bernardino and the San Bernardino
Adult School Senior Programs relating to a meal serving site for the Senior
Nutrition Program. (43B)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute a Memorandum of
Understanding between the City of San Bernardino and the Temple Community
Senior Center relating to a meal serving site for the Senior Nutrition Program.
(43C)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute a Memorandum of
Understanding between the City of San Bernardino and the Victoria Woods
Senior Apartments Complex relating to a Senior Nutrition Program. (43D)
19 10/04/2004
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor or her designee to execute a Memorandum of
Understanding between the City of San Bernardino and Lighthouse for the
Blind to provide a meal serving site for the Senior Nutrition Program. (43E)
Note: No resolutions were distributed with the backup materials.
Staff requested that this matter be tabled.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be tabled.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
44. RES. 2004-323 - Resolution of the Mayor and Common Council of the City of
San Bernardino supporting Proposition 1A, and repealing Resolution 2004-67.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-323 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman
Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark,
Economic Development Agency Special Counsel Sabo and Deputy Director Pacheco.
R45. RES. CDC/2004-35 - A Resolution of the Community Development Commission
of the City of San Bernardino declaring the public interest and necessity of
acquisition of real property by the Redevelopment Agency of the City of San
Bernardino for community redevelopment purposes over the property known as
1316-1318 Spruce Street, San Bernardino, California (APN 0138-114-11) in the
Mt. Vernon Corridor Redevelopment Project Area.
No public comments/responses were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
20 10/04/2004
Resolution No. CDC/2004-35 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R46. RES. CDC/2004-36 - A Resolution of the Community Development Commission
of the City of San Bernardino declaring the public interest and necessity of
acquisition of real property by the Redevelopment Agency of the City of San
Bernardino for community redevelopment purposes over the property known as
552 N. Mt. Vernon Avenue, San Bernardino, California (APN 0138-114-10) in
the Mt. Vernon Corridor Redevelopment Project Area.
No public comments/responses were received.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2004-36 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R47. RES. CDC/2004-37 - A Resolution of the Community Development Commission
of the City of San Bernardino declaring the public interest and necessity of
acquisition of real property by the Redevelopment Agency of the City of San
Bernardino for community redevelopment purposes over the property known as
2105 N. Dumbarton Avenue, San Bernardino, California (APN 1191-021-48) in
the Inland Valley Redevelopment Project Area.
No public comments/responses were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. CDC/2004-37 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R48. RES. CDC/2004-38 - A Resolution of the Community Development Commission
of the City of San Bernardino declaring the public interest and necessity of
acquisition of real property by the Redevelopment Agency of the City of San
Bernardino for community redevelopment purposes over the property known as
2073 N. Newcomb Street, San Bernardino, California (APN 1191-021-21) in the
Inland Valley Redevelopment Project Area.
No public comments/responses were received.
21 10/04/2004
Maggie Pacheco, Economic Development Agency Deputy Director, stated that in
addition to notifying the property owner of the hearing, the Agency also informed an
interested party by the name of Rafael Orante.
Huston Carlyle, Senior Assistant City Attorney, requested that the motion include
the substitution of Section 3 of the Resolution as distributed, to reflect the statement
made by Ms. Pacheco.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted, with the
substitution of Section 3 as submitted by the City Attorney.
Resolution No. CDC/2004-38 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
49. Public hearing - General Plan Amendment No. 04-03, Specific Plan Amendment
No. 04-02, Development Permit II No. 04-27, and Lot Line Adjustment No. 04-
13 - DHL Air Cargo Facility
RES. 2004-324 - Resolution of the City of San Bernardino adopting General
Plan Amendment No. 04-03 and Specific Plan Amendment No. 04-02 to the
General Plan of the City of San Bernardino, to amend the General Plan Land
Use Designation from San Bernardino International Trade Center Specific Plan
Tourist Commercial to Industrial for 30 acres and to delete Leland Norton Way
from the Circulation Element, approval of Development Permit II No. 04-27 to
construct an air cargo facility, and approval of Lot Line Adjustment No. 04-13
to accommodate the project, which is located on the south side of 3r1 Street, east
of Del Rosa Avenue.
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner, presented an overview of the project. She stated that
based upon the discussion in the staff report, she believed that findings could be
made to support approval of all three applications. Removing Leland Norton Way
from the Circulation Element would not create adverse impacts either within the site
or in the surrounding area; amending the Specific Plan and General Plan to change
the Land Use District to Industrial and approval of the Development Permit would
help the Airport Authority and the City implement the goals identified in the Specific
Plan and within the City's own General Plan. She stated that the revised Conditions
of Approval as well as the Standard Requirements would ensure that the DHL Air
Cargo Facility and future projects are good neighbors in the City of San Bernardino
and the City of Highland.
22 10/04/2004
Ross Jones, Mayor of the City of Highland, 7325 Weaver Street, Highland, CA,
submitted correspondence addressed to the Mayor/Members of the Common Council
dated October 4, 2004, and spoke in support of the project and the prospects of
bringing the DHL Air Cargo Facility to the San Bernardino International Airport.
He noted that if the two additional conditions and mitigation measures were
incorporated into the project approval, the City of Highland would withdraw its
previous concerns.
Bob Christman, Vice -President of the Airport Authority and Council Member of
the City of Loma Linda, CA, stated that the City Council of the City of Loma Linda
supports the project and feel it will be of significant benefit not just to the City of
San Bernardino, but to the entire valley.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said resolution
be adopted; and that the revised Conditions of Approval dated October 4, 2004, be
adopted.
The motion carried and Resolution No. 2004-324 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
50. Public Comments
Neil Derry abstained and left the Council Chambers as he is employed by Southern
California Edison. He returned after Mr. Gildner spoke.
Manfred Gildner, 4665 David Way, San Bernardino, CA, announced that for the
last three years he has been contesting Edison's billing beginning back when
deregulation came into effect and he noticed that his bill doubled so he started an
investigation. He has appeared before the California Public Utilities Commission
three times and will soon be appearing for the fourth time in San Francisco in
November. Mr. Gildner stated that the main reason he was appearing is the fact that
Edison transferred the residents north of Rancon Lane on David Way and Mariposa
from Region 17 to Region 16, which lowered their baseline and increased their
billings.
Rick Avila, Avila Construction, 4022 N. "F" Street, San Bernardino, CA, stated
that the jury awarded him $750,000 in his lawsuit with the City, and at 10 percent
interest for 15 months he indicated that the City now owes him over $845,000.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, asked the Council to add an
additional '/4 cent onto the sales tax to hire the homeless and get them off the streets;
he stated that he would like Assemblyman Longville to explain what is going on at
23 10/04/2004
the Courthouse regarding security and the removal of the bailiffs; he asked the
Council to immediately authorize the Traffic Department to put a sign at the bottom
of the Castaways Restaurant to read, "right turn only"; and he spoke in favor of the
ban on fireworks.
Joshua Pelzer, 11300 W. Olympic Blvd., Los Angeles, CA, distributed materials
and spoke on behalf of the "No on Proposition 68 Campaign". He requested that
the City place a resolution on a future agenda in opposition to Proposition 68, which
is the proposition that's being backed by 5 race tracks and 11 card rooms seeking the
exclusive right to install 30,000 slot machines in California thereby creating Las
Vegas size casinos near 200 schools throughout the State.
Rev. Betty Jean Long, 734 W. 10' Street, San Bernardino, CA, spoke regarding
the North Lake Project, the condition of the City's streets and sidewalks, and the
City's Police Department. She also announced her candidacy for Mayor of the City
of San Bernardino in 2005.
James Penman, 221 E. Marshall Blvd., San Bernardino, CA, speaking as a citizen,
provided some information on Measure "G", a new Charter proposed for the City of
San Bernardino that will be on the ballot this November.
S1. ORD. MC-1188 — An urgency ordinance of the City of San Bernardino
establishing a moratorium on certain new businesses and the relocation of said
businesses in the City, declaring the urgency thereof, and taking effect
immediately. URGENCY
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be adopted and that the matter be
referred to the Legislative Review Committee for further review. (Note: The vote
was taken following further discussion.)
Council Member/Commissioner Longville stated that this was an important issue and
requested that it be discussed further at 7 p.m.
Council Member/Commissioner McCammack withdrew her motion for discussion
purposes.
Council Member/Commissioner McCammack stated that as they plan for the future
of the City it has become evident that they need to keep uppermost in their minds the
best use of the remaining commercial land and the best way to help the older
struggling commercial corridors survive. She stated that as the quality of life for the
City's residents becomes a higher priority and as the chance arises to attract the
types of businesses that create the most amount of jobs for the community, it is
incumbent upon the leaders of the City to place this moratorium on businesses that
may steer more desirable types of businesses away. Ms. McCammack stated that
24 10/04/2004
they need to breathe new life back into the older commercial corridors and she
believes this is the first step.
She stated that the intent of this action is not only to place a moratorium on these
types of businesses as an urgency ordinance, but also to then send the data that has
been gathered and the information received from residents and other business owners
to the Legislative Review Committee so that they can then decide the best way to
write a permanent ordinance.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be adopted; and that the matter be
referred to the Legislative Review Committee for further review.
Council Member/Commissioner Longville stated that she agreed that the City had an
urgency, but she believes that part of the urgency has been the delay in the General
Plan update. She stated that in 1999-2000 when they looked at the proliferation in
these areas, they looked at how they would address them in the General Plan update.
Ms. Longville stated that the City has to recognize that some of its neighborhoods
are poor and the ordinance would have to reflect this. She applauded Ms.
McCammack for having the courage to take this bold step.
The motion carried and Ordinance No. MC-1188 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
51. Adjournment
At 8:10 p.m., the meeting was adjourned to Monday, October 11, 2004, at 4:30
p.m., in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California. The next joint regular meeting of the Mayor and Common
Council/Community Development Commission is scheduled for 1:30 p.m.,
Monday, October 18, 2004, in the Council Chambers of City Hall, 300 North "D"
Street, San Bernardino, California.
No. of Items: 52
No. of Hours: 4.75
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
25 10/04/2004