Loading...
HomeMy WebLinkAbout05-16-2005 MinutesSan Mayor Judith Valles CITY OF SAN BERNARDINO Council Members: Esher Estrada 300 N. "D " Street Susan Longville San Bernardino, CA 92418 Gordon McGinnis Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCarnmack MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 16, 2005 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and the San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:46 p.m., Monday, May 16, 2005, 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 Estrada, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member/Commissioner Longville. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): People of the State of California v. Manta Management Corporation, et al. - San Bernardino Superior Court Case No. SCV 18157; City of San Bernardino, et al. v. Valerie Pope -Ludlam, et al. - San Bernardino Superior Court Case No. SCVSS 108965. 1 05/16/2005 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: City of San Bernardino v. Gregory E. Bryant 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. Proper : 247 W. Third Street Negotiating Parties: Judith Valley, 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 Central City North Redevelopment Project Area 3. Property: 796 West 5ih Street, San Bernardino APN 0134-054-25 2 05/16/2005 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and William R. Bland, property owner(s) Under Negotiation: Purchase price, terms, and conditions 4. Property: Vacant Land APN 0134-054-24 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Fook Sung Investment Co. Ltd, property owner(s) Under Negotiation: Purchase price, terms, and conditions 5. Property: Vacant Land APN 0134-093-10 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Parlock Holdings, LLC., property owner(s) Under Negotiation: Purchase price, terms, and conditions 6. Property: 448-450 North "G" Street, San Bernardino APN 0134-093-11 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Protea Hotel, Inc., property owner(s) Under Negotiation: Purchase price, terms, and conditions 7. Proper Vacant Land APN 0134-101-04, 0134-101-05, 0134-101-06 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Charles H. and Sarah M. Garner Trust, property owner(s) Under Negotiation: Purchase price, terms, and conditions City Attorney Penman announced that the following item would be discussed in closed session: Fire Captain Ralph P. Romero, an individual, Plaintiff, v. City Attorney James Penman, as an individual and in his official capacity; City Council Member Wendy McCammack, as an individual and in her official capacity; and Does 1 through 10 inclusive, Defendants — United States District Court Case No. EDCV 05-00329 SGL. 3 05/16/2005 Closed Session Announcement City Attorney Penman announced that the City has filed a motion to dismiss the above lawsuit in federal court. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and the San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Sister Carmel Crimmins, Diocese of San Bernardino, followed by the pledge of allegiance, led by Zachary Chavez from Ramona Alessandro School. Moment of Silence Mayor/Chairman Valles expressed condolences to the families and requested a moment of silence in memory of Orval Winters, who served as principal at Pacific High School from 1976 until 1983 and continued to work for the San Bernardino City Unified School District until her retirement; and Randy Losh, who served in the Marines from 1974 to 1978 and has worked for the City of San Bernardino as a surveyor in the Development Services Department for 17 years. 2. Appointments There were no commission appointments. 3. Presentations & Proclamations A proclamation designating May 16, 2005, as the City of San Bernardino Police Department's Centennial Celebration and congratulating the Police Department on 100 years of service to the community was accepted by Police Chief Garrett Zimmon. A resolution of commendation was presented to Sister Marita Beumer in celebration of her 50 years in the "Sisters of the Precious Blood" religious congregation and for her continuous commitment, dedication and accomplishments within the parish and the community. A certificate of recognition was presented to Lloyd Roberts, President of the North End Neighborhood Association (NENA), on the occasion of their 10' Anniversary. June Durr, Public Information Officer, Mayor's Office, 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: 4 05/16/2005 8 5. 0 7 Name Jennifer Van Ness Wendy Cunningham Wendy McCammack Valerie Ross Rogelio Sanchez Tana Hosey Russell Powell Richard Romero Wanda Stell Announcements Department Animal Control Code Compliance Council Development Services Library Police Public Services Public Services Public Services Years of Service 5 5 5 20 5 20 5 15 5 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. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, 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, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. Claims & Payroll Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated May 5, 2005, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the personnel actions, as submitted by the Chief Examiner, dated May 16, 2005 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. 5 05/16/2005 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 8. Set dates for FY 2005/06 budget hearings Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the following dates be set for deliberation of the FY 2005/06 City/EDA budgets to be held in the EDA Boardroom: Tuesday, June 7, 2005, 3:00-5:30 p.m. Thursday, June 16, 2005, 3:00-5:30 p.m. Thursday, June 23, 2005, 3:00-5:30 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 9. Set public hearing - Monday, June 6, 2005, at 4 p.m. in the City Hall Council Chambers to consider a resolution setting various fees City Attorney Penman advised that the City has the authority to lien property for unpaid refuse rates and that this item is setting a protest hearing pursuant to Proposition 218. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council set a public hearing for Monday, June 6, 2005, at 4:00 p.m. in the City Hall Council Chambers to consider setting various fees. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 10. RES. 2005-111 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino to represent the City in the case of Mohammed Fawzi Hassan, an Individual and Armada Transport, Inc. v. City of San Bernardino, Fred Wilson, City Administrator, Judith Valles, James F. Penman, and Garrett W. Zimmon as individuals, et al. United States District Court Case No. EDCV 05-328 VAP (SGLx). Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 6 05/16/2005 Resolution No. 2005-111 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 11. RES. 2005-112 - 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 City Attorney James F. Penman, as an individual and in his official capacity; and Council Member Wendy McCammack, as an individual and in her official capacity; in the case of Fire Captain Ralph P. Romero, an individual v. City Attorney James Penman, et al. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2005-112 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 12. RES. 2005-121 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney's Office. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. 2005-121 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 13. Authorization to execute a purchase order for the rental of a U-Haul storage unit for storage of closed legal cases and files in the City Attorney's Office Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council authorize the execution of a purchase order for the rental of a U-Haul storage unit at the approximate monthly cost of $74.95 for twelve (12) months, for a total cost of $899.40. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: Council Member/Commissioner Longville. 14. Item Deleted. 7 05/16/2005 15. 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 distributed. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, 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, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 16. RES. 2005-113 - Resolution of the Mayor and Common Council of the City of San Bernardino approving Standard Form of Agreement for Subdivision Tract No. 16509-1 (Lots 1 through 31) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel with Richmond American Homes of California, Inc., with time of performance specified, and authorizing release of University Park, LLC from terms of Standard Form of Agreement for Subdivision Tract No. 16509-1 (Lots 1 through 31) as approved by Resolution No. 2004-306 dated October 4, 2004. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2005-113 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 17. RES. 2005-114 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 16509-2 (Lots 32 through 59) and the Final Map for Tract No. 16509-3 (Lots 60 through 73) 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 maps; and authorizing execution of the standard form of agreement for the improvements in said subdivisions, with time for performance specified. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2005-114 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 8 05/16/2005 18. RES. 2005-122 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Nikola Construction Corporation DBA Nikola Corporation for sewer improvements on Victoria Avenue - Richardson Street to Mt. View Avenue (SW 04-32); Cooley Drive - Richardson Street to Mt. View Avenue (SW 04-33); Richardson Street - Cooley Drive to Victoria Avenue (SW 04-34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW 04-35); and street improvements on Victoria Avenue, Richardson Street to Mt. View Avenue (SS O4-120); Cooley Drive - Richardson Street to Mt. View Avenue (SW 04-33); "I" Street - Marshall Boulevard to 30th Street (SW 04- 30); 35 h Street - Del Rey Drive to Harrison Street (SW 04-31) per Plan No. 11237. Council Member/Commissioner Kelley indicated that he would like the project to also include the resurfacing of "I" Street from Marshall Boulevard, south to 30' Street. James Funk, Development Services Director, agreed and stated that Council Member/Commissioner Johnson had requested 30' Street to Bussey, which was a previous waterline project, but since they were doing both ends of the street on "I", they have included that as well. He stated that they have a policy that when doing a sewer cut in these older streets to go ahead and resurface half the street, and in some cases, the entire street. Mr. Funk added that Cooley Drive and Richardson Street are not part of this current package, but will be included in the next bid package. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2004/05 budget by transferring funds as indicated in the document entitled, "Sewer Project -Cost Distribution," which was attached to the staff report dated May, 1, 2005, from Development Services Director James Funk. The motion carried and Resolution No. 2005-122 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 19. Item Deleted. 20. RES. 2005-115 - Resolution of the City of San Bernardino authorizing and directing the execution of Quitclaim Deeds relative to drainage easements, generally located along the easterly portion of Lots 9, 10 and 11, Tract No. 13572, located on Lynn Court, north of Meyers Road in said City. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 9 05/16/2005 Resolution No. 2005-115 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 21. RES. 2005-116 - Resolution of the City of San Bernardino giving notice inviting competitive sealed and oral bids for the sale of certain real property owned by the City, generally located on the northeast corner of Pine and Belmont Avenues and the southeast corner of Ohio and Pine Avenues in the City, and determining the fair market value and establishing minimum sale price for said property. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2005-116 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 22. RES. 2005-117 - Resolution of the City of San Bernardino giving notice inviting competitive sealed and oral bids for the sale of certain real property owned by the City, generally located on the southeast corner of MacKay Drive and South "D" Street in the City, and determining the fair market value and establishing minimum sale price for said property. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2005-117 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 23. Authorize execution of Change Order No. One to Contract with Elite Bobcat Service, Inc. for Tippecanoe Avenue widening (Phase 111) Harriman Place (Phase III), per Plan No. 10373B Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council authorize the Development Services Director to execute Change Order No. One in the amount of $32,799.42 to contract with Elite Bobcat Services, Inc. for Tippecanoe Avenue widening (Phase III) Harriman Place (Phase III), per Plan No. 10373B. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 10 05/16/2005 24. Authorize execution of Change Order No Two to contract with Kalban Construction, Inc. for the construction of ADA access ramps and sidewalk at various locations (Phase VI) per Plan No. 10992B Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Two in the amount of $76,185.25 to contract with Kalban Construction, Inc., for the construction of ADA access ramps and sidewalk at various locations (Phase VI) per Plan No. 1099213; and that the Mayor and Common Council authorize the Director of Finance to transfer $55,000 from Account No. 126-367-5504-7306 (Pavement Rejuvenation at various locations) to Account No. 126-369-5504-7202 (Construct Accessibility Improvements at various locations). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 25. RES. 2005-118 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an annual purchase order in the amount of $30,127 to Waterline Technologies for swimming pool chemicals (chlorine and acid) for FY 2005/06. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2005-118 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 26. RES. 2005-119 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 1 to the Contractual Agreement between the City of San Bernardino and the County of San Bernardino for shared use of the recreation facilities at the former Norton Air Force Base for the period of July 1, 2005 through June 30, 2006. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2005-119 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 11 05/16/2005 27. RES. 2005-128 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 1 of the Consultant Agreement between the City of San Bernardino and Bruce C. Daniels to provide Management Services at the San Bernardino Soccer Complex for the period of June 1, 2005 through May 31, 2006. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-128 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Longville, Derry. 28. RES. 2005-123 - Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute a Services Agreement with the San Bernardino City Unified School District for the operation of the school crossing guards program by the Police Department. 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 McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-123 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 29. RES. 2005-124 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of the funding request form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction activities. Council Member/Commissioner Kelley stated that he wanted to ensure that the City is making the most of the funds and will be able to utilize Code Enforcement Officers and City Investigators at different locations throughout the City to improve the appearance of the recycling centers. Council Member/Commissioner McCammack stated that her concern was with the "canners" who rummage through recycling bins and dumpsters for cans and then leave the litter all over the ground. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 12 05/16/2005 Resolution No. 2005-124 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 30. RES. 2005-120 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of 2005/2006 Used Oil Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2005-120 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 31. Revised Civil Service Rules Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council adopt the revised Civil Service Rules. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 32. Request for funding for 4`h of July Parade and Celebration at Arrowhead Credit Union Park Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council approve funding in the amount of $45,700 from the Civic and Promotions fund for the 2005 4' of July Parade and Celebration. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 33. RES. 2005-125 - Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the allocated FY 2005 Homeland Security grant funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 13 05/16/2005 Resolution No. 2005-125 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 34. RES. 2005-126 - Resolution of the City of San Bernardino authorizing the Police Department to submit a COPS 2005 Technology Grant application and administer the awarded grant funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-126 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 35. RES. 2005-127 - Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. 2 to that certain Loan Agreement by and among the City of San Bernardino, the San Bernardino Valley Municipal Water District, and the San Bernardino Regional Water Resources Authority. (Continued from May 2, 2005) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-127 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 36. Final Map for Tentative Tract No. 14112 located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from November 15, 2004) James Praggastis, Project Developer, Victoria Homes, P.O. Box 2998, Crestline, CA, apologized to staff for being negligent by not providing updates on the work that has been done. He stated that they have encountered problems with the weather, with newly discovered earthquake faults, and with defining the entry on Sterling that mutually serves his three developments in that area. Mr. Praggastis stated that the rough grading has been underway for some time, the entry to Sterling has been defined mutually, and they are progressing. He stated that in the future they would be more responsible about seeing that staff is kept informed and requested that the Council approve the six-month extension. Barry Mason, representing the owner of the property, MCS Enterprises, 188 N. Euclid Avenue, Upland, CA, stated that for the last 4-5 years they have been attempting to get this property developed by a reliable, efficient developer, but they 14 05/16/2005 have run into many problems and have had two or three developers involved. He stated that all he could do was apologize to staff for the fact that the developer and the engineer have not communicated sufficiently to keep them abreast of what has been going on. Mr. Mason stated that they have a lot invested in this project, and if the map is denied for continuance, he believes it could be a number of years before this area is developed. He stated that it is imperative that they keep this map going so they can get this development done. Council Member/Commissioner Derry stated that this is a difficult property to develop. He stated that it is in the foothill area and it has always had seismic activity. Mr. Derry stated that he would appreciate it if his colleagues would support the extension with the caveat that the developer provide monthly updates to staff so they can keep track of the project. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council approve a six-month extension with the caveat that the developer provide City staff with monthly updates. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 37. Presentation on "E" Street Transit Corridor Project Representatives from Omnitrans and consultants for the project provided background information and the current status of the project. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council receive and file the report. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/Commissioners Longville, Derry. 38. Status report on the Tri-Centennial Commission and presentation by Dr. William Coleman on the 200`s anniversary of the founding of San Bernardino City Clerk Clark gave a report on the status of the Tri-Centennial Commission (a copy of the report is included in the agenda backup). Dr. William Coleman also gave a report on the Commission and spoke about plans for the celebration of the 200' Anniversary of the founding of San Bernardino. Persons interested in serving on the City's Bi-Centennial Commission were asked to call the City Clerk's Office. 15 05/16/2005 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council establish a commission to plan for the celebration of the 200' Anniversary of the founding of San Bernardino. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 39. Report establishing the rates and fees to be charged for the collection and disposal of green wastes, refuse, and recyclables pursuant to Resolution No. 2004-239 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that the Mayor and Common Council acknowledge receipt of the report and defer any action until a future public hearing can be held pursuant to State law. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 40. Resolutions concerning a refuse franchise and refuse related consultant services Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Collection Services Contract between the City of San Bernardino and Burrtec Waste Industries, Inc., relating to refuse collection and disposal. (40A) Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Amendment to the Services Agreement with R3 Consulting Group, Inc., for assistance concerning commercial refuse services provided by Franchised Refuse Haulers and other issues related to refuse regulations and operations. (40B) Note: No backup materials were distributed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of June 6, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 16 05/16/2005 COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Deputy Director Pacheco. Absent: Council Member/Commissioner Longville. R41. Hearing - Resolution of public interest and necessity for acquisition of real property located at 123 North Sierra Way (APN 0135-292-35) SBHA/2005-2 - Resolution of the San Bernardino, City Housing Authority declaring the public interest and necessity of acquisition of real property by the San Bernardino City Housing Authority over the property located at 123 North Sierra Way, San Bernardino, California (AP# 0135-292-35) in the Inland Valley Development Agency Redevelopment Project area. Mayor/Chairman Valles opened the hearing. Maggie Pacheco, Economic Development Agency Deputy Director, provided highlights of the staff report. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. SBHA/2005-2 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. R42. Joint public hearing - Lease Agreement with the Young Women's Christian Association of Greater San Bernardino, Inc. for lease of a portion of Agency property located at 567 North Sierra Way RES. CDC/2005-18 - Resolution of the Community Development Commission of the City of San Bernardino approving the lease of certain real property by the Redevelopment Agency of the City of San Bernardino to the Young Women's Christian Association of Greater San Bernardino, Inc., and authorizing the Agency Executive Director to execute the lease agreement between the Agency and the Young Women's Christian Association of Greater San Bernardino, Inc. (567 North Sierra Way, San Bernardino, California) (R42A) 17 05/16/2005 RES. 2005-129 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the lease of certain real property by the Redevelopment Agency of the City of San Bernardino to the Young Women's Christian Association of Greater San Bernardino, Inc. (567 North Sierra Way, San Bernardino, California) (R42B) Mayor/Chairman Valles opened the hearing. Maggie Pacheco, Economic Development Agency Deputy Director, provided highlights of the staff report. City Attorney Penman stated that when the City was getting ready to redevelop the downtown area in the late 1960s/1970s, both the YMCA and the YWCA had beautiful buildings in downtown San Bernardino. The YWCA had a building built in 1926 on the southwest corner of 5' and Arrowhead and they were told by the City that the City would buy up those buildings and would provide them with brand new buildings in which they could continue to operate. Tragically, the City did not keep its word, and instead of putting them in very nice buildings, the YMCA was placed in a school that was in violation of the Field Act, and the YWCA was placed in an old building that the County Agricultural Department had owned and they even stored hazardous chemicals in the adjacent building. A pool was added inside the building, but the ceiling was not the proper type of ceiling and it had to be replaced. The YWCA was put into a very financially distressed situation because of this and the YMCA finally went out of business. Mr. Penman stated that this action does not fully remedy that situation, but it would allow them to continue to function and not have to declare bankruptcy. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolutions A&B, be adopted. The motion carried and Community Development Commission Resolution No. CDC/2005-18 and Mayor and Common Council Resolution No. 2005-129 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. R43. Public hearing - reallocation of 2003/2005 Community Development Block Grant (CDBG) funds; recommended allocations of 2005/2006 Community Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG) funds, and HOME funds (Continued from May 2, 2005) 18 05/16/2005 RES. 2005-130 - Resolution of the Mayor and Common Council of the City of San Bernardino: 1) approving the 2005-2006 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and HOME appropriations; 2) approving the Five (5) Year 2005-2010 Consolidated Plan and the One (1) Year 2005-2006 Consolidated Annual Plan; 3) approving the proposed reallocation of 2003-2005 CDBG funds; and 4) authorizing the Mayor to execute and submit to HUD appropriate documents and take all necessary actions for the execution of public service contracts. (R43A) RES. 2005-131 - Resolution of the Mayor and Common Council of the City of San Bernardino: 1) amending the 2004-2005 Consolidated Annual Plan and approving HOME 2001-2004 allocations in the amount of $5,750,000 as detailed and outlined in Attachment III; 2) authorizing and directing staff to prepare the appropriate contracts between the Redevelopment Agency and organizations as specified in Attachment III and direct staff to return to the Mayor and Common Council for approval. (R43B) Mayor/Chairman Valles opened the hearing. City Attorney Penman indicated that he would be abstaining on this matter because one of the attorneys in his office is on the Board of Directors of one of the agencies on the list to receive a grant. He stated that while that is not legally a conflict of interest, it does raise the appearance of a conflict; therefore, he had asked Special Counsel Sabo to look at this document, which he did, and he could answer any legal questions the Council may have. Council Member/Commissioner Estrada indicated that she may have a possible conflict with this matter and would have to abstain. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Johnson stated that he serves on the Board of Directors of the Boys and Girls Club, but he was advised that since he does not receive a salary he did not have a conflict. However, in order to avoid the appearance of a conflict, Mr. Johnson indicated that he would be abstaining on that one particular item and requested that he be allowed to leave the Council Chambers during that vote. Maggie Pacheco, Economic Development Agency Deputy Director, provided highlights of the staff report. She stated that per past practice, the Community Development Committee reviewed a number of applications and allocated $300,000 to various public service providers as noted in Attachment I of the staff report dated May 3, 2005, entitled, "FY 2005/2006 Community Development Block Grant CDCAC and Staff Recommendations". She stated that there are basically 21 agencies that have historically received CDBG funds from this Council with the exception of one new organization —the Gay & Lesbian Center. 19 05/16/2005 Council Member/Commissioner McCammack stated that last year when they talked about allocating funds to the different non-profit organizations, they talked about how the organizations were shorted funds. She stated that the concern back then was that the County had pulled back some funds and many of the organizations were home -based organizations that serve specific populations such as seniors, youth, or those in need of medical services. Ms. McCammack stated that her first concern was that they added a new organization and that they did not support those organizations that really are in dire need of the City's help. Ms. McCammack stated that even though the organizations were recommended by the Community Development Citizens' Advisory Committee, she stated that she would have a hard time supporting CDBG recommendations for all 21 organizations. Secondly, and more importantly, she stated that it has been an on -going issue, and this Council has been steadfast in its decision not to fund any more apartment complexes such as the one listed as Item No. 8 (Simpson's Housing Solutions) on Attachment III entitled, "Recommended Home Appropriations". Ms. McCammack added that their request for $700,000 is specifically intended to construct a 37-unit apartment complex for low-income families; therefore, she could not support this item. Council Member/Commissioner Derry stated that the Highland Senior Center was one of the organizations that got shorted $2,000 last year, from $12,000 down to $10,000, and at that time he requested that if there was money left over that the $2,000 should go back to the Highland Senior Center. He stated that he would like to see their allotment increased to $12,000 annually because they are the only senior service center on the east side. Dr. Tom Pierce, chairman of the committee, stated that they followed an established procedure. He stated that there were 24 proposals, some of which were flagged by staff because they did not meet all the requirements of the application process, and that most of the remaining applicants sent a representative to the meeting. Dr. Pierce stated that the committee members received their packets about one week in advance of the meeting and came well prepared. They were briefed by staff to ensure that they were following the guidelines put out by the federal agencies and the policies of the Redevelopment Agency. A brief 3-minute presentation was then made by each agency requesting funds. Mr. Pierce stated that they didn't ask the organizations to tell them about their organization from A to Z because they had already read their proposals, but they were given the opportunity to provide any specific information about their organization that wasn't addressed in their proposal, or ask any questions about the proposal. Following that process, the deliberations took place among the members of the committee. He stated that he could not recall any controversy among the committee members about any of the recommendations. They were asked to rank each proposal with a 3, 2, 1, or 0, with 3 being the highest recommendation and sum up all of the recommendations to see if there was a consensus. 20 05/16/2005 Dr. Pierce stated that it was pretty clear which organizations would be funded and which would not. He stated that there were some slight differences in the amount of funds that were recommended for the various groups, but they were fairly quickly ironed out. He stated that there is always the case that there are not enough funds available to give these agencies as much money as they would like, but in the constraints they faced, these were the recommendations they made and they clearly understood that their role was as an advisory committee and that the Council would accept the recommendations in full or in part or not at all, and that is the Council's prerogative. Dr. Pierce stated that they considered issues such as additional sources of funding, particular types of service, and additional service providers in the area. Council Member/Commissioner Kelley asked what the next step would be if this item should fail. Ms. Pacheco stated that the City has a requirement to submit to HUD the application for next year's funding and that deadline is tomorrow. She stated that if they don't meet that deadline, they would have to explain to HUD why they were not submitting their annual plan, plus they do have the five-year plan that has the one-year plan attached to it also. She stated that if they wanted to request a continuance from HUD, she would have to get some direction as to how to proceed with the allocation of funding. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Kelley, that the hearing be closed; that said Resolutions A&B, be adopted; that Item No. 9 (Gay and Lesbian Center) be deleted from Attachment I of the staff report with the $10,000 to be divided equally between the Highland Senior Center (Item No. 10) and the YWCA of San Bernardino (Item No. 21) increasing their total funding allocation to $15,000 each; that Item No. 8 (Simpson's Housing Solutions) be deleted from Attachment III of the staff report; and that Item No. 5 (Boys & Girls Club of San Bernardino) be voted on separately. The motion carried and Resolution Nos. 2005-130 and 2005-131 were adopted by the following vote: Ayes: Council Members/Commissioners Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McGinnis. Abstentions: Council Member/Commissioner Estrada. Absent: Council Member/ Commissioner Longville. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Kelley, that Item No. 5 (Boys & Girls Club of San Bernardino) on Attachment I of the staff report, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners McGinnis, Derry, Kelley, McCammack, Nays: None. Abstentions: Council Members/Commissioners Estrada, Johnson. Absent: Council Member/Commissioner Longville. 21 05/16/2005 44. Public hearing - General Plan Amendment No. 05-02, a request to change the land use designation of approximately 1.3 acres from CG-3, Commercial General, to RU-1, Residential Urban, and an amendment to Tentative Tract Map No. 16509 to add a 1.3-acre park site and create nine additional lots - located at the southeast corner of Kendall Avenue and the future extension of Campus Parkway RES. 2005-132 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 05-02 to the General Plan of the City of San Bernardino, to amend the General Plan land use designation from CG-3, Commercial General, to RU-1, Residential Urban, for one parcel located on the southeast corner of Kendall Avenue and the future extension of Campus Parkway. Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner/Deputy Director of Development Services, provided background information. No public comments were received. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that the Mayor and Common Council adopt the resolution and approve amended Tentative Tract Map No. 16509, based upon the Findings of Fact contained in the Planning Commission Staff Report dated April 19, 2005, subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). The motion carried and Resolution No. 2005-132 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 45. Appeal hearing - appeal of Planning Commission's Conditions of Approval for Development Permit III (DPIII) Nos. 04-41 & 04-42 regarding the fencing and wall requirements Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner/Deputy Director of Development Services, provided background information. She stated that the applicant was asking that the Council allow the interior lot separation walls to be precision block on both sides and the interior of the perimeter walls to be the precision (or smooth) block. Ms. Ross stated that Section 19.04 of the Development Code states that the walls should have a plaster or stucco finish and designed in a style and using materials and color to compliment the dwelling unit, and both sides of the wall should be architecturally treated. 22 05/16/2005 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; that the Mayor and Common Council deny the appeal and uphold the Planning Commission's Conditions of Approval as related to Development Permit No. 04-41, based upon the Findings of Fact contained in the Planning Commission Staff Report dated February 8, 2005, subject to the Conditions of Approval and Standard Requirements; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's Conditions of Approval as related to Development Permit No. 04-42, based upon the Findings of Fact contained in the Planning Commission Staff Report dated February 8, 2005, subject to the Conditions of Approval and Standard Requirements. (No vote was taken.) Council Member/Commissioner Kelley stated that he disagreed with the Findings of Fact. He stated that by working with the developers, they have the ability to get some parkland dedication and monument signs that will identify the Verdemont Heights district, which is a first for the growth taking place in that area, and will set the tone for traveling up Palm Avenue. Mr. Kelley stated that there is a preference on walls and currently there are a lot of projects in the Verdemont area that have the precision block, some are slump stone, and some have the smooth surface. He stated that decorative block is great and there will be decorative block on the exterior of this project, which will enhance the area, but it will be very difficult to cover any graffiti. Mr. Kelley stated that the homes will sell well and will attract the type of residents they want. He stated that having a developer who wants to come in and put up block walls throughout the entire project is a first, and he believes decorative block walls on the exterior would compliment the area. Council Member/Commissioner Kelley made a substitute motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; and that the Mayor and Common Council uphold the appeal as related to Development Permit No. 04-41, based upon the Findings of Fact contained in the Planning Commission staff report dated February 8, 2005, subject to the Conditions of Approval, as amended (to allow precision block on interior lot separation walls and on the interior of the perimeter walls), and Standard Requirements; and that the Mayor and Common Council uphold the appeal as related to Development Permit No. 04- 42, based upon the Findings of Fact contained in the Planning Commission staff report dated February 8, 2005, subject to the Conditions of Approval, as amended (to allow precision block on interior lot separation walls and on the interior of the perimeter walls), and Standard Requirements. (The vote was taken following further discussion.) Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that she would provide true and honest testimony: Linda Valia, John Laing Homes, stated that they really do want to put in block walls, but they also have the option of putting in vinyl fencing. She stated that the difference in price between vinyl fencing and the two-sided split face block would 23 05/16/2005 be about $342,000. Ms. Valia stated that they would like to have the option to put in the precision block on the interior where it is not seen by the neighborhood. Council Member/Commissioner Derry stated that this developer is building a very high -quality project in the City and they are not going to do anything to devalue that project because it would devalue the price they could get for the homes, which he believes will be quite expensive. He stated that he thought this was a reasonable compromise and indicated that he would support this appeal. The substitute motion made by Council Member/Commissioner Kelley and seconded by Council Member/Commissioner Derry, carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 46. Public Comments Deanna Adams, Victory Chapel, 1156 N. "F" Street, San Bernardino, CA, stated that she felt the North Lake Project was destructive and unjust in that it would remove people for profit. She stated that the businesses in the area might not be up to the City's image, but they are operated by hard-working people. Terry Garcia, Chairperson of the Gay and Lesbian Center, stated that she was disappointed that the City denied their request for CDBG funding. 47. Adjournment At 6:22 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, June 6, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 47 No. of Hours: 4.5 RACHEL G. CLARK City Clerk Linda Sutherland Deputy City Clerk 24 05/16/2005