HomeMy WebLinkAbout05-02-2005 MinutesMayor Judith Valles
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street Susan Longville
Gordon McGinnis
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCammack
MINI ITF.S
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MAY 2, 2005
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council, Community
Development Commission, and San Bernardino City Housing Authority of the City of
San Bernardino was called to order by Mayor/Chairman Valles at 1:37 p.m., Monday,
May 2, 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, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Sequenta Lawrence, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 04-00336 RT (SGLx);
Laurie Tully v. City of San Bernardino - Workers Compensation
Appeals Board Case No. 80 SBR 76408;
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Fire Captain Ralph P. Romero, an individual v. City Attorney James
Penman, 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 - United States District Court Case No.
5:05-CV-00329-SGL;
Mohammed Fawzi Hassan, et al. v. City of San Bernardino et al. -
United States District Court Case No. EDCV 05-328 VAP (SGLx);
Juan Espinoza, et al. v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 04-1513 SVW (SGLx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino Police Management Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property: 247 W. Third Street
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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
Uptown Redevelopment Project Area
3. Property: APN 0145-242-32 and APN 0145-242-33
Owner/Seller: Mayor Judith Valles, on behalf of the
Redevelopment Agency of the City of San
Bernardino, property owner(s)
Buyer: San Bernardino City Unified School District
("District")
Central City North Redevelopment Project Area
4. Property Address: 708 W. 4`° Street
APN 0134-093-45
Negotiating Parties: Gary Van Osdel, Executive Director,
on behalf of the Redevelopment
Agency, and Chiyo Lapham, property
owner(s)
Under Negotiation: Purchase price, terms and conditions
5. Property Address: 495 N. "G" Street
APN 0134-101-28
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Negotiating Parties: Gary Van Osdel, Executive Director,
on behalf of the Redevelopment
Agency, and Dae W. Hong and Jeong
I. Hong, property owners
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman advised that the following items would be discussed in
closed session:
Agenda Item Nos. 21 through 26 and R31.
Closed Session Announcement
City Attorney Penman announced that during closed session the following
actions were taken:
The Council voted unanimously in the matter 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; and Does 1 through 10 inclusive - to hire Mr. Odlum
of the law firm of Odlum & Haws to defend the City and those individuals and
waiving any potential conflicts;
The Council voted unanimously in the matter of Fire Captain Ralph P. Romero,
an individual, 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 - to hire Joe Arias
of the law firm of Arias, Lockwood & Gray to defend the City Attorney and the
City Council Member, and waiving any potential conflicts.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council, Community
Development Commission, and San Bemardino City Housing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Council Member/Commissioner Johnson, followed by the
pledge of allegiance, led by Vincent Bunn and Reanna Chaboya from Bradley
Elementary School.
Moment of Silence
Mayor/Chairman Valles extended condolences to the family and requested a moment of
silence in memory of Ted Carry, who was employed by the City as Manager of the
Downtown Senior Center and recently passed away.
4 05/02/2005
2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
Mayor/Chairman Valles presented a proclamation designating May 2, 2005, as
Communities Grow with McDonald's Day in the City of San Bernardino to Matt
Florez and Dick Shaloub.
A proclamation designating May 1 through May 7, 2005, as Municipal Clerks
Week in the City of San Bernardino was presented to City Clerk Rachel Clark
by Mayor/ Chairman Valles.
Mayor/Chairman Valles presented a proclamation designating May 2005 as Law
Enforcement Month in the City of San Bernardino to Jack Hill from the
Chamber of Commerce.
Richard Schindler and Valerie Parmenter, representing the Downtown Business
Association, presented a proposal to silkscreen the windows of the.old Harris
Building to make it look like a viable building and asked for the support of the
Mayor and Council in accomplishing this beautification project.
June Dort, Public Information Officer, Mayor's Office, announced that the
month of May has been proclaimed California's Toddler Immunization Month by
the San Bernardino County Department of Public Health; and encouraged all
parents to keep their children on schedule with their immunizations.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative of the Chamber of Commerce regarding
various civic and community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council,
Community Development Commission, and San Bernardino City Housing
Authority, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
5 05/02/2005
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the minutes of the following
meetings of the Mayor and Common Council, Community Development
Commission, and San Bernardino City Housing Authority of the City of San
Bernardino be approved as submitted in typewritten form: April 4, 2005 and
April 18, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated April 26,
2005, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the personnel actions as submitted
by the Chief Examiner dated April 26, 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.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. 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.
City Attorney Penman advised that the updated copy of the staff report omitted
some of the items that had originally been designated for destruction.
6 05/02/2005
Following a short discussion wherein Mr. Penman updated the Council on the
scope of the City Attorney's storage requirements and the fact that he,
personally, did not like to destroy any records, the following action was taken:
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack.
Nays: Council Member/Commissioner McGinnis. Absent: None.
10. RES. 2005-98 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Best, Best & Krieger and the City of San Bernardino to
represent the City in the case of Ronald Van Rossum v. City of San
Bernardino, State Office of Administrative Hearing File No. L2005-0229.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-98 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
11. ORD. MC-1195 - An Ordinance of the City of San Bernardino amending
Section 8.60.070(P) of the San Bernardino Municipal Code, adding Section
8.60.095 to the San Bernardino Municipal Code, and amending Sections
8.60.130(A) and (C) of the San Bernardino Municipal Code relating to
fireworks. FINAL READING (Continued from April 18, 2005)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said ordinance be adopted; and
that the Director of Finance be authorized to amend the FY 2004/05 budget as
indicated in the staff report dated April 13, 2005, from James F. Penman, City
Attorney.
The motion carried and Ordinance No. MC-1195 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).
Note: No backup materials were distributed.
7 05/02/2005
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, 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. RES. 2005-99 - Resolution of the Mayor and Common Council of the City
of San Bernardino requesting that the City of San Bernardino's primary
election be consolidated with the November 8, 2005 consolidated election
conducted by the County of San Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-99 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2005-105 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing and approving the borrowing of funds for
Fiscal Year 2005-2006; the issuance and sale of a 2005-2006 Tax and
Revenue Anticipation Note therefor and participation in the California
Communities Cash Flow Financing Program.
City Attorney Penman noted that his office had not signed off on Agenda Item
Nos. 9, 14, 17, 27, and R34 because the legal reviews had not been completed.
Discussion ensued regarding the fact that some of the Council/Commission
members have objected that they have not had time to read the agenda materials
because they did not receive them in a timely manner; therefore, certain agenda
items were distributed prior to review and sign -off by the City Attorney's office.
Mr. Penman noted that the number of agenda documents and the complexity of
the documents sometimes precludes the Attorney's office from being able to
distribute a signed -off copy to the Council by Friday evening. He advised that a
decision needs to be made by the Mayor and Council regarding how they want
to handle this situation.
Senior Assistant City Attorney Calkins pointed out some minor changes that had
been made to the resolution subsequent to its distribution to the Mayor and
Council, as follows: On page A7, lines 23 and 24, the years 2004-2005 were
8 05/02/2005
changed to 2005-2006; and on Exhibit A, page A20, line 12, the year 2005 was
changed to 2006.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-105 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2005-100 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the budget detail worksheet for
the Fiscal Year 2005 Metropolitan Medical Response System (MMRS)
Grant Program to the San Bernardino County Fire Department, Office of
Emergency Services.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-100 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
16. RES. 2005-101 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the submittal of the budget detail worksheet for
the FY 2005 Homeland Security Grant Program to the San Bernardino
County Fire Department, Office of Emergency Services.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-101 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
17. RES. 2005-106 - Resolution of the City of San Bernardino authorizing a
First Amendment to the Contract for 800 MHz Radio Time -air Services
between the City and Patton State Hospital.
City Attorney Penman advised that his office had signed off on this resolution.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
9 05/02/2005
Resolution No. 2005-106 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
18. RES. 2005-102 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Land Lease Agreement
between the City and Trautwein Construction, Inc. for the use of the
property located east of Pioneer Memorial Cemetery for the temporary
storage of equipment.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-102 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
19. RES. 2005-103 - Resolution of the Mayor and Common Council of the City
of San Bernardino: 1) authorizing the execution of a Purchase Order to
Fairview Ford for nineteen (19) Year 2005 Ford Crown Victoria Police
Interceptors; and 2) authorizing the Purchasing Manager to solicit Lease -
Purchase quotes and award a Lease -Purchase to the lowest responsible
leasing company.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-103 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
20. RES. 2005-104 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Purchase Order to
Municipal Maintenance Equipment, Inc. for a Steril-Komi Model ST4250-8
54,000 lb. four -post heavy duty vehicle lift.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that said resolution be adopted; and
that the Director of Finance be authorized to amend the FY 2004/05 Refuse and
Fleet budgets and appropriate $57,115.61 for the emergency purchase of the
above described vehicle lift.
The motion carried and Resolution No. 2005-104 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
10 05/02/2005
21. Appeal hearing regarding results of a transient lodging tax audit - Budget
Lodge (Continued from February 22, 2005)
Mayor/Chairman Valles advised that the attorney representing the appellants on
Agenda Item Nos. 21 through 26 had requested a continuance to the second
meeting in July, and the City Attorney's office had agreed.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of July 18, 2005; and that the continuance fee be
waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. Appeal hearing regarding results of a transient lodging tax audit - Desert
Inn Motel (Continued from February 22, 2005)
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of July 18, 2005; and that the continuance fee be
waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23. Appeal hearing regarding results of a transient lodging tax audit - Econo
Lodge (Continued from February 22, 2005)
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of July 18, 2005; and that the continuance fee be
waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. Appeal hearing regarding results of a transient lodging tax audit - Foothill
Motel
11 05/02/2005
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of July 18, 2005; and that the continuance fee be
waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. Appeal hearing regarding results of a transient lodging tax audit - Knights
Inn (Continued from February 22, 2005)
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of July 18, 2005; and that the continuance fee be
waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. Appeal hearing regarding results of a transient lodging tax audit - Terrace
Motel (Continued from February 22, 2005)
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of July 18, 2005; and that the continuance fee be
waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. Public hearing — Agreement with Nestor Traffic Systems for a Traffic
Signal Violation Video Enforcement System
RES. 2005-107 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Lease and Services Agreement with Nestor
Traffic Systems, Inc., for a Traffic Signal Violation Video -Enforcement
System. (27A)
RES. 2005-107A - Resolution of the Mayor and Common Council of the
City , of San Bernardino approving an Addendum to Maintenance
Agreement for Traffic Signal Red Light Enforcement Equipment in State
Routes in the City of San Bernardino with Caltrans. (27B)
12 05/02/2005
Mayor/Chairman Valles opened the hearing.
City Attorney Penman advised that there was one change on this item relative to
the agreement with Nestor. He explained that in the document entitled, Nestor
Traffic Systems, Inc., Municipality of San Bernardino, California, Traffic Signal
Violation Video -Enforcement System Lease & Services Agreement, page 4,
paragraph 4.5, it states, "Payment of all fees and other charges owed pursuant
to this Agreement is due within ninety (90) days after invoice date for the first
twelve invoice months, and thereafter thirty (30) days after invoice date."
Mr. Penman advised that staff had dropped the words "... and thereafter thirty
(30) days after invoice date," and had told Nestor that this was a deal breaker.
He explained that the City anticipates that it will take 90 days to get the money
processed after the fines are paid through the court and had already agreed to 90
days. However, when staff received the agreement from Nestor, they had
added the additional language regarding the 30 days without mentioning it to the
City. Staff told them the City had to have the full 90 days because it will take
that long to get the money back from the courts in order to pay them their
payment, and Nestor had agreed to drop the additional language.
Council Member/Commissioner Estrada asked whether a community education
program would be done.
City Administrator Wilson answered that there is a fairly extensive community
outreach program planned.
City Attorney Penman also noted that the Vehicle Code requires the posting of
signs 30 days ahead of time at the intersections where the cameras will be
installed. There is also a period where courtesy notices are sent to the public
rather than a ticket as part of the education program.
Julie Dixon, Nestor Traffic Systems, Inc., stated that there would be a
community service program customized for the City's needs. It includes the
warning signs that are posted on the approaches to the intersections, the 30-day
warning period where warnings are sent out, and possible roadside press
conferences. She noted that other cities have also opted to include notices with
their utility bills, conduct town hall meetings, place notices in the local
newspapers, etc.
Council Member/Commissioner Longville requested that Mr. Wilson ensure
that a list of the services being offered by Nestor is provided to the Council
members.
No public comments were received.
13 05/02/2005
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the hearing be closed; and that
said resolutions be adopted.
The motion carried and Resolution Nos. 2005-107 and 2005-107A were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: None.
28. Public hearing — resolution ordering work — Orange Show Road and
Arrowhead Avenue Landscape Maintenance Assessment District No. 1038
(Parcel No. 16222) (Continued from April 18, 2005) (See related Agenda Item
No. 29)
RES. 2005-108 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
representing at least fifty percent (50%) affirmative votes for the proposed
assessment have been received and that the public convenience and necessity
require the maintenance of landscaping in the area of Orange Show Road
and Arrowhead Avenue, approving the Final Engineer's Report, creating
an assessment district to cover the costs of said maintenance, known as
Assessment District No. 1038 ordering the work, confirming the 2005-2006
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
The hearing remained open.
City Attorney Penman advised that the developer had requested that Agenda
Item Nos. 28 and 29 be considered together.
There were no public comments.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2005-108 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
14 05/02/2005
29. RES. 2005-109 - A Resolution of the City of San Bernardino approving an
Agreement with Essex Orangeshow Commerce Center LLC for Landscape
Maintenance Services for City imposed Landscape Maintenance Assessment
District No. 1038 (Parcel Map No. 16222). (Continued from April 18, 2005)
(See related Agenda Item No. 28)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-109 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
30. 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 April 25, 2005)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of May 16, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
R31. Hearing - resolution of public interest and necessity for acquisition of real
property - northwest corner of Rialto Avenue and Allen Street. (Continued
from April 4, 2005)
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 the
northwest corner of Rialto Avenue and Allen Street, San Bernardino,
California (APNN 0135-292-39) in the Inland Valley Redevelopment Project
Area.
Note: No backup materials were distributed.
The hearing remained open.
15 05/02/2005
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of June 20, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R32. Public hearing - 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 Federal HOME funds
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. (R32A)
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 to the
organizations in Attachment III; 2) authorizing and directing staff to
prepare the appropriate contracts between the Redevelopment Agency and
said organizations to be presented at a later date to the Community
Development Commission for approval. (R32B)
Note: No backup materials were distributed.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of May 16, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R33. RES. CDC/2005-16 - Resolution of the Community Development
Commission of the City of San Bernardino approving the Agreement for
Professional Graphic Design Services with Amador Estevene and
authorizing execution thereof by the Executive Director.
16 05/02/2005
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. CDC/2005-16 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
R34. RES. CDC/2005-17 - Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
executive Director to execute a construction contract by and between the
Redevelopment Agency of the City of San Bernardino and Inland Acoustics,
Inc. for the improvements to the California Theatre.
Doug Calkins, Senior Assistant City Attorney, advised that upon review of the
original contract, it appeared to the City Attorney's office that it was a contract
better suited to a private enterprise deal with private parties; therefore, the
Attorney's office recommended that the department utilize a standard public
works contract —a basic form which is used by most public agencies. He stated
that this new contract was the document provided to the Mayor and; Council in
substitution of the other contract.
Mr. Calkins noted that the winning bidder had approved and entered into the
new contract, which provides for insurance and indemnity to the Agency in the
event of liability, and addresses the issue that there will be federal funds
involved.
Council Member/Commissioner McCammack asked Mr. Van Osdel what the
Agency has been doing with the State College golf course lease payment money
up to this point.
Mr. Van Osdel advised that they have been paying off their debt to the CRF
Fund, which was borrowed years ago; however, that debt has been paid off and
the lease payments for the golf course are now free to spend on other things.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. CDC/2005-17 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
17 05/02/2005
35. Public hearing - approve Tentative Tract Map No. 16947 to subdivide
approximately 6.78 acres into 29 single-family residential lots and
Development Permit ('Type III) No. 04-44 to construct 28 detached single-
family homes at the project site on the north side of T' Street, between San
Carlos Avenue and San Anselmo Avenue in the RS, Residential Suburban,
land use district. (Continued from April 18, 2005)
Mayor/Chairman Valles opened the hearing.
Valerie Ross, Deputy Director/City Planner, advised that this was a straight-
forward in -fill subdivision, surrounded by single-family on all sides, including
south of 7' Street. She stated that both the tract and the development permit
meet all of the General Plan and Development Code requirements; however, this
tract also includes an easterly extension of Cleveland Street that is
approximately 94 feet long and 46 feet deep along the rear of a residential lot
that fronts on Etiwanda Avenue. She stated that the applicant has been
discussing the purpose of this piece of property with the people that own the lot
that contains the single-family house.
Ms. Ross explained that if the City imposes a requirement on the map for the
acquisition of this strip of property for the extension of Cleveland Street, and
the developer is unable to complete that off -site requirement, there is a provision
in the Subdivision Map Act where the City would have to step in and exercise
eminent domain.
She explained that because this is a policy issue, staff brought it before the
Council for final determination; however, the Planning Commission did
recommend approval. In addition, Public Works, Planning, Police and Fire all
think that the extension of Cleveland Street makes sense because it provides
better circulation in the area and does not upset any of the setbacks by making
any setback less than code requirements for the existing single-family house.
Ms. Ross advised that included in the backup materials was a memorandum
regarding drainage —that a concern regarding drainage was raised at the
Planning Commission meeting by a resident in that area. She stated that the
City's public works inspectors went out and looked at the situation, as explained
in the memorandum. They determined that the reason for the drainage problem
is that the street is virtually flat, so if there are any leaves or debris in the
gutter, it will hold the water and keep it from draining.
Senior Deputy City Attorney Empeiio advised that if the Council approved the
tentative tract map, the Subdivision Map Act (Government Code Section
66462.5) does require the City, within 120 days of the filing of the final map, to
exercise eminent domain powers if the developer has not been able to negotiate
18 05/02/2005
the purchase of this Cleveland Street extension; or else, alternatively, waive the
requirement for the construction of that extension of Cleveland Street. He
reiterated that staff wanted to inform the Council that this was a policy decision.
Council Member/Commissioner Johnson stated that he had been having
discussions with the developer of the project as well as the owner of the parcel
in question; and they both agreed as far as negotiating a price for this property
which would enable moving forward with development of Cleveland Street.
Also, relative to the block wall through the back of the property, as noted in
Attachment C, Conditions of Approval, page 3, No. 12, they both had agreed
not to put a block wall through the back of the property, but to put a vinyl wall
instead. That way, if in the future the parcel owner wants to develop/split her
property, it will be much simpler for her to tear down a vinyl wall versus a
block wall. Also, a vinyl wall would be similar to what the developer is
installing throughout the project.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; that the Mayor
and Common Council adopt the Mitigated Negative Declaration and the
Mitigation Monitoring/Reporting Program (Attachment F); and that the Mayor
and Common Council approve Tentative Tract Map No. 16947 and
Development Permit (Type III) No. 04-44, based upon the Findings of Fact
contained in the Planning Commission staff report dated February 8, 2005,
subject to the Conditions of Approval, (Attachment C) amended to delete
Condition No. 12 (block wall) and expand Condition No. 11 to include
construction of a 6-foot vinyl fence (both sides) along the rear property line of
APN: 0142-032-03, if Cleveland Street is extended, and Standard Requirements
(Attachment D), and waive the eminent domain proceedings.
Senior Deputy City Attorney Empeno advised that the City cannot waive the
eminent domain requirement, because it is required by State law.
Council Member/Commissioner Johnson amended his motion, seconded by
Council Member/Commission McGinnis, that the hearing be closed; that the
Mayor and Common Council adopt the Mitigated Negative Declaration and the
Mitigation Monitoring/Reporting Program (Attachment F); and that the Mayor
and Common Council approve Tentative Tract Map No. 16947 and
Development Permit (Type III) No. 04-44, based upon the Findings of Fact
contained in the Planning Commission staff report dated February 8, 2005,
subject to the Conditions of Approval, (Attachment C) amended to delete
Condition No. 12 (block wall) and expand Condition No. 11 to include
construction of a 6-foot vinyl fence (both sides) along the rear property line of
19 05/02/2005
APN: 0142-032-03, if Cleveland Street is extended, and Standard Requirements
(Attachment D), which includes initiation of eminent domain proceedings.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
36. Public hearing - General Plan Amendment No. 04-05 & Development
Permit III No. 04-28 - request to change the land use designation from CG-
2, Commercial General, to CH, Commercial Heavy, for approximately
13,530 square feet of land - and a request to construct a parking lot for ice
cream trucks as an expansion of an existing ice cream truck facility at the
northeast corner of Baseline Avenue and Garner Street
RES. 2005-110 - Resolution of the City of San Bernardino adopting General
Plan Amendment No. 04-05 to the General Plan of the City of San
Bernardino, to amend the General Plan Land Use Designation from CG-2,
Commercial General, to CH, Commercial Heavy, for one parcel located on
the north side of Baseline Street, approximately 162 feet east of Garner
Street.
Mayor/Chairman Valles opened the hearing.
Valerie Ross, Deputy Director/City Planner, advised that in 1998 the applicant
received approval of a general plan amendment and development code
amendment to establish his existing ice cream truck facility. The business has
been successful and he has outgrown the site; therefore, he is requesting an
expansion, which is the parcel to the east of his existing facility. She stated that
the expansion area would be for parking of the ice cream trucks only —that no
expansion of the building was proposed.
Ms. Ross advised that the Planning Commission considered both applications on
February 23, and imposed additional conditions to improve the aesthetics of the
site; specifically, landscaping to further screen the facility and parking areas and
then restricting the maintenance of vehicles on the site. In addition, the
Planning Commission required the applicant to remove the delivery ramp from
the front of the building facing Baseline.
She noted that although the applicant chose not to address the Planning
Commission at its meeting, staff was later informed that the applicant does not
want to remove the delivery ramp.
She stated that she had provided Council Member Johnson with some pictures,
including a floor plan of the existing facility, and it appears that the site can be
20 05/02/2005
accessed from the front or the rear; however, since the applicant chose not to
discuss it with the Planning Commission, she could not confirm that for sure.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide true and honest testimony:
John Mejia, representing the owner of the ice cream warehouse, stated that his
client had stated that he would abide by all of the conditions of approval except
for the one requiring removal of the delivery ramp. His client told him that at
the last meeting he had with the City, they wanted him to do away with the
ramp he uses for loading the ice cream, and if that ramp is taken away from him
there will not be any way for him to get his merchandise over to the warehouse.
Mr. Mejia submitted some pictures showing why the owner has to have the
ramp in order to get his ice cream deliveries. He stated that on some days he
takes delivery of three to four items, and he has to have that ramp because most
of his deliveries are made by individuals who do not have hydraulic gears at the
back of their trucks to aid in delivery.
Mr. Mejia stated that if they take the ramp away from his client, it will hurt him
quite a bit. He stated that he did not get a chance to fill out the card to be able
to speak at the Planning Commission meeting before they actually left the
meeting, but if the project is approved, the owner would like to have his ramp
approved.
Also, another item that was brought up was maintenance of the property's
landscaping —that it was said at the Planning Commission meeting that the area
had not been maintained, and one of the conditions was that he maintain the
property, and if he didn't the City would go in and take care of it and charge the
owner.
Mr. Mejia indicated that the owner has been doing everything he can, but
because of the area, he cannot provide the trees. Mr. Mejia submitted more
pictures which showed where the owner tried to provide the trees, but they were
yanked out. In fact, the owner has a copy of the police report he filed at that
time. He stated it would be very hard for the owner to have the trees without
them being stolen; that he has already bought and planted 18 trees, and every
single one has been pulled up by the roots.
He noted that the additional parking area would enable the drivers to park their
trucks at the facility instead of at their homes on residential streets, where they
are then susceptible to being ticketed or towed.
21 05/02/2005
Council Member/Commissioner Johnson asked who was responsible for the
property that is outside of the fence, and Ms. Ross indicated that it was the
applicant.
Mr. Johnson stated that he had driven by the location and could not see that
there was any maintenance of the grass, which was extremely high. He stated
that he understood that the trees might be taken, but an effort could be made to
cut and water the grass and clean up the debris —that it does not look like there
is any personal care of the area.
Insofar as access, Mr. Johnson asked whether there was another entrance
coming off of Garner Street to the back of the facility, and Mr. Mejia answered
in the affirmative.
Mr. Johnson noted that there was a safety issue with the trucks using the current
ramp and entering and exiting the facility on Baseline, because after they go
down the ramp they have to stop and back up and go into the ramp, which
presents a safety issue for traffic on Baseline.
Council Member/Commissioner Johnson stated that he would like; to see the
Council approve the project, but with all of the Planning Commission's
recommendations.
No public comments were received.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that the Mayor
and Common Council adopt the resolution which approves General Plan
Amendment No. 04-05 and approve Development Permit III No. 04-28 based
upon the Findings of Fact contained in the Planning Commission staff report,
subject to the Conditions of Approval as amended by the Planning Commission,
and Standard Requirements.
The motion carried and Resolution No. 2005-110 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Absent: Council Member/
Commissioner McCammack.
37. Public Comments
Herbert Blair, 3049 North "F" Street, San Bernardino, CA, stated that his
reason for speaking had to do with Blair Park. He stated that the park used to
be at 39' and Golden, and at that location there was a rock and a plaque about
the Bear Flag of the State of California. He stated he wanted to get certification
of the park name —that the only Blair that he thought the City would be
22 05/02/2005
interested in was George C. Blair, the mayor of San Bernardino, and he would
like to install a plaque and the Bear Flag as it was over at 39' and Golden.
Council Member/Commissioner Kelley stated that he would be happy to work
with Mr. Blair on this project, and he thought the Native Sons of the Golden
West would like to assist as well.
Mark Jimenez, 255 North "D" Street, San Bernardino, CA, Center of
Community Justice and Environmental Justice, stated that he had been attending
meetings of the community that suffered the train derailment on April 5. He
stated that this community is asking for a City investigation into the derailment
accident/toxic chemical spillage; that they want the City to hold Union Pacific
accountable and want to know exactly which chemicals were spilled and what
the health implications may be. He criticized the evacuation process, stating
that the community would like the City to work with them to develop a pro -
community preventative evacuation plan, because they believe this will happen
again.
The following residents spoke regarding their need for assistance from the
City relative to the recent train derailment in their neighborhood:,
Juan Casillas, 190 North Meridian, Space 16, Rialto, CA;
Maria Cisneros, Sequoia Park Community, 2505 West Foothill Blvd., San
Bernardino, CA;
Estanislada Burgos, 272 North Macy Street, San Bernardino, CA;
Esther Hernandez, 256 North Macy Street, San Bernardino, CA, spokesperson
for the group;
Sally Garcia, Macy Street, San Bernardino, CA.
According to the residents, Union Pacific has buried some of the spilled
chemicals; and the residents are suffering from nosebleeds, headaches, and
burning eyes. They denounced the ineffective and inadequate evacuation
process, and criticized the way Union Pacific had handled reimbursement of
expenses incurred by the residents.
Mayor/Chairman Valles informed the residents that there are some things the
City can do and some things it cannot do. She stated that staff would try to find
out what has been happening and what the responsibility of Union Pacific is;
and that she would have someone from her office work with the residents. She
stated that the Southern California Rail Authority is conducting an investigation,
and she would provide the residents with whatever information she can as a
public document. She asked Ms. Hernandez to supply her with the names of the
people she has been communicating with at Union Pacific.
23 05/02/2005
Rick Avila, P.O. Box 6291, San Bernardino, CA, stated that he was going to
try and stop corruption in the City Attorney's office. He stated that he was
going to serve Mr. Penman with a lawsuit, but was told that he would be
arrested if he did. Mr. Avila alleged that Mr. Penman creates lawsuits and then
turns around and gives them to Attorney Joe Arias, who is getting paid for
committing fraud. He also spoke regarding the delay tactics Mr. Penman is
using in his (Mr. Avila's) lawsuit against the City.
Assistant City Attorney Easland advised that the lawsuit that was served on Mr.
Penman was without merit; however, Mr. Blankenship, attorney for the
plaintiff, had been notified that the City Attorney's office would accept service
of this lawsuit.
Steven Figueroa, P.O. Box 3202, Victorville, CA, President of MAPA Voter
Registration and Education, stated that he was here to serve Wendy
McCammack and had been told that he could be arrested. He stated that it is a
constitutional right of free speech to petition our government for grievances. He
accused the Council members of being afraid to challenge the City Attorney's
office and asked them to uphold the office to which they have been elected.
Deanna Adams, 1156 North "F" Street, San Bernardino, CA, stated that
Michigan has abandoned eminent domain; that it is now against the state's
constitution except for legitimate public uses such as a school or freeway;
submitted to the Council a copy of "The Unknown Government -Eminent
Domain"; and noted that at the meeting on April 25 regarding the North and
South Lake Area projects the ultimate decision was that "humans are out and the
reservoir is in."
Ghassan Abdullah, 1129 North "F" Street, San Bernardino, CA, stated that he
felt compelled to speak regarding the meeting on April 25, because many of the
residents came to express their concerns regarding the lake projects and they
were not allowed into the auditorium. He stated it was also offensive to read in
the newspaper that the Mayor had held a pre -hearing event/party for those
people who were going to speak in favor of the projects. He stated that the
main issue is fair housing, and the Mayor and Council have not addressed this
issue.
Mayor/Chairman Valles assured him that the housing issue would be addressed.
James Smith, 1156 East 24' Street, San Bernardino, CA, member of Native
Sons of the Golden West and Elks Lodge 836, thanked the Mayor and Council
for approving the ordinance regarding the sale and use of fireworks and the
assessment of a regulatory fee on the sale of all fireworks.
24 05/02/2005
John Longville, 1833 North Kenwood Avenue, San Bernardino, CA, stated that
he was not particularly knowledgeable regarding the North and South Lake Area
projects and did not write the speech given by his wife at the special meeting
held on April 25, 2005.
38. Adjournment
At 6:41 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, May 16, 2005, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 38
No. of Hours: 4.5
RACHEL G. CLARK
City Clerk
By:
Linda E. Hartzel
Deputy City Clerk
25 05/02/2005