HomeMy WebLinkAbout08-01-2005 MinutesSan
Mayor Judith Valies
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 McCanonack
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 1, 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,
August 1; 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,
Assistant to the City Administrator Sassoon. 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):
Fawzi
United States
assan, et al. v. City of San Bernardino, et
Court Case No. EDCV 05-328 VAP (SGLx);
08/01/2005
San Bernardino Hotel/Motel Association v. City of San Bernardino -
Fourth District Court of Appeals Case No. E037069; San Bernardino
Superior Court Case No. SCVSS 46722;
Asia Banks, a minor by and through her Guardian Ad Litem, Michelle
Moore, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 118553.
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:
Antoinette Clarke
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. San Bernardino Unified School District
855 Hope Street
Vacant Lot
895 Hope Street
834 Cleavenger Street
APN# 028018115
APN# 028018116
APN# 028018114
APN# 028018144
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, Director of Human Resources
Employee Organization:
San Bernardino City Professional Firefighters
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property: 247 West Third Street
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91
a
5
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
Pro 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
Proper Joint Use Multipurpose Room/Gymnasium at
the Cesar Chavez Middle School, 6650
Magnolia Court, San Bernardino, California
Negotiating Parties: Marianne Milligan, City Attorney's Office, and
Teri Baker, City Administrator's Office, for the
City of San Bernardino, licencee; Wael Elater,
Facilities Administrator, San Bernardino City
Unified School District, as property owner
Under Negotiation:
Proper :
Terms and conditions
Vacant land
APN 0155-101-08
Owner/Seller: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency of the City of
San Bernardino, property owner(s)
Buyer: Denise Dee Whisler
Proper Southwest comer of "J" Street and 17' Street
APN 0144-123-03, 0144-131-36, 0144-131-21,
and 0144-123-46
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Owner/Seller: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency of the City of
San Bernardino, property owner(s)
Buyer: Inland Empire Concerned African American
Churches
IVDA Redevelopment Project Area (Meadowbrook Housing Project)
Proper 151 East 2nd Street
APN 0135-291-09
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, as buyer,
and Ivan Miletich, property owner
Under Negotiation: Purchase price, terms and conditions
Prope 161 East 2nd Street
APN 0135-291-11
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, as buyer,
and Alberto Falcon and Maria Garcia, property
owners
Under Negotiation: Purchase price, terms and conditions
Property: 167 East 2' Street
APN 0135-291-12
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, as buyer,
and Pedro Medina Jr., property owner
Under Negotiation: Purchase price, terms and conditions
Property: 156 East King Street
APN 0135-291-27
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, as buyer,
and Miguel Ramirez, property owner
Under Negotiation: Purchase price, terms and conditions
10. Proper 253 East King Street
APN 0135-302-09
08/01/2005
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and/or San
Bernardino City Housing Authority, as buyer,
and Victor Licon, property owner
Under Negotiation: Purchase price, terms and conditions
Central City North Redevelopment Project Area
11. Property: 745 West 5" Street
APN 0134-093-05 and APN 0134-093-06
12.
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14
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Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Patrick A.
Abitante Trust, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
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
Proper 740 West 4' Street
APN 0134-093-19, 20, and 43
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Penhun
Ltd./Expo Ltd., property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property: 723-739 West 5' Street
APN 0134-093-07
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Walter L. B.
Ammons, property owner(s)
Under Negotiation: Purchase price, terms and conditions
Proper 708, 720 West 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
08/01/2005
Mt. Vernon Corridor Redevelopment Project Area
16. Proper Vacant land
APN 0139-291-60 and APN 0139-291-61
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Piana
Enterprises/County of San Bernardino,
property owner(s)
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional case would be
discussed in closed session under Agenda Item 1B, Significant exposure to
litigation:
Astro Motel v. City of San Bernardino
City Attorney Penman announced that the following case had been discussed in
closed session under Agenda Item 1A, Existing litigation:
of San Bernardino & Economic Development Aeencv v. Valerie
108965.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council, Community
Development Commission, and San Bernardino City Housing Authority.
Invocation/Pledge of Allegiance
The invocation was given by Father Barnabas Laubach of St. Bernardine's Medical
Center, followed by the pledge of allegiance, led by Council Member/Commissioner
Johnson.
Moment of Silence
Mayor/Chairman Valles extended condolences to the families and requested a moment
of silence in memory of the following individuals:
• Ramon Gutierrez, who devoted 29 years to the Knights of Columbus Little League
and to Western Regional Little League;
• Javier Diaz, self-employed businessman for 60 years in the City of San Bernardino;
• Henry "Joe" Ortega, Jr., vocational instructor at San Bernardino Valley College;
• Louisa Sermeno, who worked for J.C. Penney as a sales associate for over 20 years
and retired from the former Norton Air Force Base after more than 15 years;
• Julio Torres, retired auto body repairman and past Grand Knight of Knights of
Columbus Council 905;
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• Fidencio "Chencho" Ramos, President of the Mt. Vernon Association and a lifetime
member of VFW Post 8737 and American Legion Post 650;
• Elvin "Sonny" Liles, teacher in the San Bernardino School District for 29 years,
remembered as "Coach" by his students and wrestlers;
• Lucy Olguin, longtime Westside resident;
• Ocie Van Lockett, a well-known businessman in San Bernardino who passed away
in San Antonio, Texas.
2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
The Citizen of the Month award was presented to Teresa Enciso by Council
Member/Commissioner Estrada in recognition of her many, many years of
participating in, and contributing to community events.
Wally Green, Assistant to the Mayor, advised that a proclamation declaring the
month of August as Breastfeeding Awareness Month in the City of San
Bernardino had been forwarded to the County.
A proclamation designating August as Purple Ribbon Month to educate and raise
awareness of Kaitlyn's Law, named for six -month -old Kaitlyn Marie Russell,
who died of hyperthermia in August of 2000 after being left in a van by her
babysitter, was presented to Laura Petersen, Kaitlyn's grandmother.
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 Johnson made a motion, seconded by Council
Member/Commissioner Estrada, 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.
7 08/01/2005
6. Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the minutes of the following meeting of the
Mayor and Common Council, Community Development Commission, and San
Bernardino City Housing Authority of the City of San Bernardino be approved
as submitted in typewritten form: 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.
7. Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated July 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 Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions as submitted by the
Chief Examiner dated July 29, 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. RES. 2005-257 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Animal Control
Services Agreement by and between the City of San Bernardino and the
City of Loma Linda for the period July 1, 2005 through June 30, 2008.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
8 08/01/2005
Resolution No. 2005-257 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
10. RES. 2005-258 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of an agreement with the City of
San Bernardino and Western Regional Little League Baseball, Inc., for
financial assistance from the FY 05/06 Civic and Promotion Fund.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; that direct
funding in the amount of $5,000 from the FY 05/06 Civic and Promotion Fund
be approved; that indirect funding in the amount of $39,415 be transferred from
the FY 05/06 Civic and Promotion Fund to various City departmental accounts
as listed in the attached staff report dated July 13, 2005, from Fred Wilson, City
Administrator, and that a waiver of fees and use of City personnel and
equipment be authorized in the conduct of their 2005 tournament season.
The motion carried and Resolution No. 2005-258 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
11. RES. 2005-259 - 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 Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-259 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
12. RES. 2005-260 - 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 Kimberlyn Hearns v. City of
San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-260 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
9 08/O1/2005
13. RES. 2005-268 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a revised Professional
Services Agreement between Gresham, Savage, Nolan & Tilden and the
City of San Bernardino to represent the City in the case of Deanna Helena
Petrovna Adams v. City of San Bernardino, a California Municipality, San
Bernardino Valley Municipal Water District, a Public Entity — San
Bernardino Superior Court Case No. SCVSS 126708 and repealing
Resolution No. 2005-154.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2005-268 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
14. RES. 2005-269 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a revised Professional
Services Agreement between Gresham, Savage, Nolan & Tilden and the
City of San Bernardino to represent the City in the case of Ghassan N.
Abdullah, Lucy Romero, Steve Veloz, Felix Willa, Rosemary Lane, Diane
Hayes, Nathaniel Grant, Kim Goodstein, Regina Flores, S. M. Alvarez v. City
of San Bernardino, a California Municipality, San Bernardino Valley
Municipal Water District, a Public Entity — San Bernardino Superior Court
Case No. SCVSS 126706 and repealing Resolution No. 2005-155.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2005-269 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
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 Estrada, that the Mayor and Common Council confirm
the need for continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. Item Deleted
17. RES. 2005-261 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Agreement for
Professional Transportation Modeling Services with Srinivasa S. Bhat.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to issue a purchase order in the amount of
$50,000 for requested modeling services in FY 2005/06 per the proposed
agreement and to authorize the Director of Finance to pay an additional $17,100
to the consultant for services rendered in FY 2004/05, bringing the total
authorized amount in FY 2004/05 to $41,895.
The motion carried and Resolution No. 2005-261 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
18. RES. 2005-270 - Resolution of the City of San Bernardino approving an
agreement with Frank R. Cortez and Irene D. Cortez, relating to property
at-3008 Broadmoor Boulevard, San Bernardino 92404-2316 (Waterman
Avenue and 30' Street).
City Attorney Penman advised that this property was within 500 feet of property
owned by the Mayor; therefore, Mayor Valles left the dais and returned after
the vote was taken. Council Member/Commissioner McCammack assumed the
duties of Mayor Pro Tem.
Council Member/Commissioner Longville asked why the City would be paying
for a 6-foot concrete block wall on 30' Street, and expressed concern that it
could set a precedent for others throughout the city.
Council Member/Commissioner McCammack advised that because of the way
motorists exit the westbound freeway off -ramp at this location, it creates a major
safety hazard. She agreed, however, that a precedent should not be set for
putting up block walls based on this one particular case.
City Attorney Penman and Council Member/Commissioner Kelley also
commented on the safety factor at this corner and the fact that this would be an
improvement overall.
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Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-270 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: Council Member/Commissioner Longville. Absent:
None.
Based on the fact that the property has changed hands many times, Council
Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that a provision be added to the previous motion
that staff ask the Cortezes to provide documentation that they are the current
owners of the property.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, McGinnis, Derry, Kelley, Johnson, McCammack.
Nays: Council Member/Commissioner Longville. Absent: None.
19. RES. 2005-262 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of University Parkway, westerly
of Northpark Boulevard.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-262 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
20. Authorization to proceed — proposed vacation of a portion of Gannett
Parkway, formerly known as Campeau Drive, between Hallmark Parkway
and Georgia Boulevard — approve Plan No. 10901
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services and
the City Clerk be authorized to proceed with the vacation of a portion of
Gannett Parkway, formerly known as Campeau Drive, between Hallmark
Parkway and Georgia Boulevard; and that Plan No. 10901, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12 08/01/2005
21. Resolution of the City of San Bernardino setting a public hearing relative to
the formation of Underground Utility District No. 32, generally located
along portions of Victoria Avenue.
City Attorney Penman advised that Council Member/Commissioner Derry had a
possible conflict on this item due to the fact that he is employed by Southern
California Edison. He stated that his office had attempted to contact the Fair
Political Practices Commission (FPPC) for a ruling as to whether or not Mr.
Derry is required to disqualify himself from voting on this particular item,
which is in his ward; and the FPPC had asked that his office send them a letter
requesting an opinion. Therefore, Mr. Penman requested a continuance until
his staff could send the letter and receive a reply from the FPPC. He estimated
this would take approximately six weeks.
Mr. Derry indicated that he would like the opportunity to participate in the
discussion of this item, if he is allowed to do so.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the matter be continued to the Council/
Commission meeting of September 19, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2005-263 - Resolution of the City of San Bernardino establishing fair
market value of certain real property located at the northeast corner of 2°"
Street and Viaduct Boulevard, being a portion of real property commonly
known as Assessor's Parcel Number 0138-263-02, relative to the extension
of Giovanola Avenue.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-263 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
23. RES. 2005-271 - Resolution of the City of San Bernardino approving
Agreement with the California Newspapers Partnership for deferral of
sidewalk improvements on Georgia Boulevard.
Council Member/Commissioner Longville asked what would be going into the
building now occupied by The Sun when they leave their downtown location.
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Council Member/Commissioner Estrada stated that there is a proposal by a
group of investors to put together an international sports university at that
location, which would entail other properties on Fourth Street, as their plan is to
go from Court Street to Fourth Street. She stated that the project is currently
moving forward through their process of design, acquisition, etc. It was noted
that the group currently has an office in the building; however, no one knows
when The Sun will be entirely out —possibly by the end of September.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-271 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
24. Authorize the Director of Finance to exchange FY 2004/2005 AB 2928
Funds for FY 2004/2005 Gas Tax Funds for three -pavement rehabilitation
projects
Council Member/Commissioner Longville stated that she understood the
exchange of funds and it made good sense, but she questioned why it would take
until 2004/2005 to spend funds that became available to the City in 2002/2003,
given the condition of the city's streets.
Director of Development Services James Funk advised that since staff was
asking to continue the Capital Improvement Program (CIP), they would also like
to continue this item until after the approval of the CIP, because there might be
modifications that would impact their request for amendment of the AB 2928
funds.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of August 15, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. Reject all bids for cleaning sewer siphons at various locations (SW05-13) per
project Plan No. 11340A - direct staff to revise the project and re -advertise
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council reject all
bids for cleaning sewer siphons at various locations (SW05-13) per project Plan
No. 11340A and direct staff to revise the project and re -advertise.
14 08/01/2005
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26, RES. 2005-264 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution ... designating certain
streets, or portions thereof as through highways ..." and establishing a
three-way stop at the intersection of Crestview Avenue and Eighteenth
Street.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-264 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
27. Authorize Change Order No. Three - contract with Eberhardt
Construction, Inc., - changes in the scope of work at Fire Station #232
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Facilities Management be
authorized to execute Change Order No. Three to the contract with Eberhardt
Construction, Inc., for changes in the scope of work at Fire Station #232 in the
amount of $59,273.83.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
28. RES. 2005-272 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino Fire Department
to extend the Agreement with the County of San Bernardino to provide fire
protection and paramedic services to County unincorporated areas within
the City of San Bernardino's sphere of influence from July 1, 2005, through
June 30, 2006.
Council Member/Commissioner Longville stated that she sits on the Ad Hoc
Fire Committee, and they convened early this year because they wanted to
address this issue and get it taken care of before the contract expired. She stated
they moved quickly on the item and sent a letter to the County on February 8.
Yet, here it is August 1, and we are proposing to extend this contract for a full
year at the old rate, even though we know the old rate is inadequate and we
started six months ago trying to negotiate.
15 08/01/2005
She stated that she thought this agreement needed to be extended; however,
when the new rate is negotiated, it should be retroactive to this point in time
because six months was more than enough time to do this.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted, with the
caveat that if a new higher rate is negotiated for future years, it will be
retroactive to July 1, 2005. (The vote was taken following additional
discussion.)
Council Members/Commissioners Kelley and McCammack expressed agreement
with Ms. Longville's comments and voiced concern that the taxpayers of San
Bernardino are subsidizing fire service to the County.
Council Member/Commissioner Derry stated that he had spoken to Chief Pitzer
about this issue and his concerns that the contract is being extended for one year
and we are not being fairly compensated for it. He stated he did not think it was
about getting more money or less money, but getting a fair amount of money,
not only for our taxpayers in the City of San Bernardino who end up subsidizing
these services, but also for the County residents in the unincorporated areas who
are not getting their money back for the services they are paying for.
He added that the chief had told him that we have the ability within 60 days to
cancel this contract, so at any time, if the County fails to negotiate in good faith
and we choose to do so, we have that capability.
The motion carried and Resolution No. 2005-272 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
29. RES. 2005-265 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to issue a
purchase order to Service Scape for landscape maintenance service for
Pioneer Memorial Cemetery, for a period of twelve (12) months in
accordance with Bid Specification F-06-02.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 05/06 adopted Cemetery
budget and appropriate $1,800 from the Cemetery fund balance to Account No.
106-441-5506 (Landscape Contracts).
16 08/01/2005
The motion carried and Resolution No. 2005-265 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
30. RES. 2005-266 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a purchase order to Service Scape for park
lawn mowing services at seven (7) park locations for a period of twelve (12)
months in accordance with Bid Specification F-06-03; Al Guhin Park, Anne
Shirrells Park, Blair Park, Delmann Heights Park, Hudson Park,
Littlefield/Shultis Park, and Spiecher Park.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-266 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
31. RES. 2005-267 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding purchase orders for landscape and irrigation
maintenance services to Service Scape for downtown facilities, parking lots,
north site facilities, south site facilities, Carousel Mall, medians, Arrowhead
Credit Union Park, Library facilities, and Seccombe Lake Park; R.P.
Landscape for central facilities; and W. Wood & Associates for San
Bernardino Soccer Complex for a period of twelve (12) months in
accordance with Bid Specification F06-04 A, B, & C.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-267 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
32. RES. 2005-274 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement between the
City of San Bernardino and SANBAG for the lease of office space located in
the Santa Fe Depot at 1170 West 3rd Street.
In response to an inquiry from the Council as to why this move is being
considered, Assistant to the City Administrator Sassoon advised that there were
numerous building maintenance issues and concerns with the current location.
Council Member/Commissioner Estrada stated that she had been aware of many
difficulties at the existing 5' Street and Mt. Vernon Avenue location, and
17 08/01/2005
although staff had looked around for another location in that same proximity,
there hasn't been anything available. She stated that when this request came up
for the depot she was not that thrilled about it because of the access —the
pedestrian access obviously was not as good at the depot as the 5' and Mt.
Vernon location where you are really, really close to the residential area and the
neighbors in that vicinity. On the other hand, she also saw the department's
need to have a location that is functional and allows them to be able to conduct
the business of the Police Department. She added that there is also a need at the
depot for some police presence.
Council Member/Commissioner Kelley pointed out that the City has a huge
investment in the depot, and having this substation there will make those who
work there feel much safer. He stated there is also the possibility of a coffee
shop opening at the depot, and it would certainly make the patrons of that coffee
shop feel safe.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-274 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
33. RES. 2005-275 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Crest
Chevrolet for a 2006 4WD Tahoe command vehicle to be utilized by the Fire
Department.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-275 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
34. Public hearing - resolution ordering vacation of the east/west street lying
between "D" Street and Stoddard Avenue (Continued from July 18, 2005)
RES. 2005-273 - Resolution of the City of San Bernardino ordering the
vacation of the east/west street lying between "D" Street and Stoddard
Avenue (Plan No 11416A).
Mayor/Chairman Valles opened the hearing.
Director of Development Services Funk stated he had no comments.
18 08/01/2005
Pursuant to Resolution 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
Dennis Pederson, 2939 N. Stoddard Avenue, San Bernardino, CA stated that
Stoddard is a long and narrow street, and he had concerns relative to trash
trucks and fire trucks being able to turn around. Secondly, he asked what was
going to happen to the land, which is currently paved and has sidewalk. He
asked whether someone would be coming in to rip all that out and put grass in,
or whether barricades were going to be put up, resulting in the area being used
as a garbage dump.
Council Member/Commissioner McCammack stated that the Development
Services Department had requested and required that there be a big enough turn-
around into that street from both sides for fire trucks and garbage trucks.
Eddie Powell, 2947 N. Stoddard Avenue, San Bernardino, CA stated that the
property in question has been a haven for all kinds of criminal activity for many
years; therefore, the residents are totally supportive for closing the area off, as
it is also a safety and blight issue.
John Sanders, 2948 N. "D" Street, San Bernardino, CA enumerated some of
the criminal activity taking place in the area and his efforts to get the problem
resolved.
Council Member/Commissioner Longville stated that she was glad to see that in
the month since this item had been continued, that the possibility of building a
single-family home had been removed and that there was now a no -build
restriction.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that Motion N3 approved on June 6,
2005, authorizing the Director of Development Services to prepare and submit a
variance application to the Planning Commission relative to the proposed
vacation of the east/west street lying between "D" Street and Stoddard Avenue,
be rescinded; that the public hearing be closed and the Findings of Fact, as set
forth in the staff report dated July 18, 2005, from James Funk, Director of
Development Services, as to why portions of the east/west street lying between
"D" Street and Stoddard Avenue, is no longer necessary for public street
purposes, be adopted; and that said resolution be adopted.
The motion carried and Resolution No. 2005-273 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
19 08/01/2005
35. Resolution of the Mayor and Common Council of the City of San
Bernardino adopting the 2005/2006 through 2009/2010 Capital
Improvement Program.
Staff requested a two -week continuance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Johnson, that the matter be continued to the
Council/Commission meeting of August 15, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
36. Resolution of the City of San Bernardino adopting the Five-year Capital
Improvement Program (2005-2010) for Measure "I" local expenditures.
Staff requested a two -week continuance.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of August 15, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
37. Request for Findings of Consistency with City's General Plan - four
proposed elementary school sites - Monterey II, Alessandro II, Burbank II,
& Wilson II - San Bernardino City Unified School District
Valerie Ross, City Planner/Deputy Director of Development Services, stated
that the staff report provides background information on this matter and explains
the City's responsibility to make findings of consistency or conformity with the
City's General Plan based on provisions that are in the Government Code.
She advised that staff had recommended that findings of consistency be made on
Alessandro II, Burbank II, and Monterey II —but not on Wilson II. She stated
that staff believes that the proposed site for Wilson II is especially problematic
in that it would disrupt a stable neighborhood between "F" and "G" Streets
around 24' Street, located just north of Arrowview Middle School. It would
also require the vacation of some streets and, as noted in a memo from the
Police Chief, there are concerns relative to locating a new elementary school
adjacent to a middle school. She stated that the preferred site in staff's opinion
20 08/01/2005
is south of Highland Avenue, east of Sierra Way. However, the District does
not agree with the City on this.
A memorandum dated August 1, 2005, from the San Bernardino City Unified
School District to the City Council regarding General Plan Consistency of
Proposed Wilson II Elementary School was distributed to the Mayor and
Council. City Attorney Penman stated that the school district would like the
Mayor and Council to read and consider the memorandum before making their
decision today.
Ms. Ross pointed out that the information cited in the memo from the District is
correct; however, it is the Mayor and Council's responsibility to interpret the
General Plan, and staff does not feel that all of the references cited apply to
Wilson Elementary School.
Ms. Ross concluded by stating that staff recommends that the Mayor and
Council find that the development of Monterey II, Alessandro II, and Burbank II
elementary schools is consistent with the City's General Plan, and that
development of Wilson II elementary school is not consistent with the City's
General Plan.
Council Member/Commissioner McCammack stated that she wanted the
viewing public to know that the Wilson II Elementary School that is slated to be
built behind Arrowview Middle School is not consistent with the City's General
Plan, and this is simply the first step in the City's position of opposition to that
school. She indicated there would be a lot more to come, and she didn't want
anyone to get nervous thinking that they need to be moving tomorrow.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council make the
findings that Monterey II Elementary School, Alessandro II Elementary School,
and Burbank II Elementary School are consistent with the General Plan; and
that Wilson II Elementary School is not consistent with the General Plan.
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
Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Kelley, McCammack; City Attorney Penman, Economic
Development Agency Executive Director Van Osdel, City Clerk Clark. Absent:
Council Member/Commissioner Johnson.
21 08/01/2005
R38. Public hearing - Disposition and Development Agreement - TELACU
Development, LLC (40' Street Redevelopment Project Area) (Continued
from July 18, 2005)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving the 2005 49' Street Single Family Residential
Disposition and Development Agreement by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and
TELACU Development, LLC ("Developer") (TELACU 49th Street New
Homes Project - 40' Street Redevelopment Project Area). (R38A)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director to execute the
2005 491e Street Single Family Residential Disposition and Development
Agreement by and between the Redevelopment Agency of the City of San
Bernardino ("Agency") and TELACU Development, LLC ("Developer")
(TELACU 49' Street New Homes Project - 40' Street Redevelopment
Project Area). (R38B)
Note: No backup materials were distributed.
The hearing was not opened.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 6, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, McCammack.
Nays: None. Absent: Council Member/Commissioner Johnson.
R39. Public hearing - 2005 Disposition and Development Agreement with
Watson-Westridge, LLC - 143.72 acre residential development located
north of Foothill Drive and east of Sterling Avenue
Resolution of the Mayor and Common Council of the City of San
Bernardino approving that certain Purchase and Sale Agreement by and
between the City of San Bernardino ("City") and the Redevelopment
Agency of the City of San Bernardino ("Agency") relating to the sale of
City property located north of Foothill Drive, east of Sterling Avenue
(135.60 acres APN 0155-361-25) in the City of San Bernardino. (R39A)
22 08/01/2005
Resolution of the Mayor and Common Council of the City of San
Bernardino approving the 2005 Disposition and Development Agreement
("DDA") by and between the Redevelopment Agency of the City of San
Bernardino ("Agency") and Watson-Westridge, LLC ("Developer") City
and Agency property located north of Foothill Drive, east of Sterling
Avenue (APN 0155-361-25, 0155-381-11 & 45 - 143.72 acres in the City of
San Bernardino ("Property") and making certain findings thereto related to
the development of the property. (R39B)
Resolution of the Community Development Commission of the City of San
Bernardino approving that certain Purchase and Sale Agreement by and
between the City of San Bernardino ("City") and the Redevelopment
Agency of the City of San Bernardino ("Agency") relating to the sale of
City property located north of Foothill Drive, east of Sterling Avenue
(135.60 acres APN 0155-361-25) in the City of San Bernardino. (R39C)
Resolution of the Community Development Commission of the City of San
Bernardino approving the 2005 Disposition and Development Agreement
("DDA") by and between the Redevelopment Agency of the City of San
Bernardino ("Agency") and Watson-Westridge, LLC ("Developer") and
authorizing the Agency Executive Director to execute said DDA relating to
the sale and development of certain City and Agency property located north
of Foothill Drive, east of Sterling Avenue (APN 0155-361-25, 0155-381-11 &
45 - 143.72 acres in the City of San Bernardino) ("Property") and making
certain findings thereto related to the development of the property. (R39D)
Note: No backup materials were distributed.
The hearing was not opened.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Longville, that the matter be continued to the
Council/Commission meeting of August 15, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
23 08/01/2005
SAN BERNARDINO CITY HOUSING AUTHORITY
R40. RES. SBHA/2005-4 - Resolution of the San Bernardino City Housing
Authority making certain findings with respect to the use of certain land for
development of a new single family home in the Meadowbrook
Neighborhood Restoration Area and rescinding Housing Authority
Resolution No. SBHA 2005-2 adopted May 16, 2005, (land located at 123
North Sierra Way, San Bernardino, California, APN 0135-292-35) in the
Inland Valley Development Agency (IVDA) Redevelopment Project Area.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. SBHA/2005-4 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
41. Public hearing — Development Code Amendment No. 04-04 to amend
Development Code Section 19.20.030(8), Table 20.01 to allow school uses
(which legally existed prior to November 1, 2004) in residential land use
districts to have six foot high decorative front yard security fencing
An Ordinance of the City of San Bernardino modifying Chapter 19.20
(Property Development Standards), Section 19.20.030(8), Table 20.01 of the
San Bernardino Municipal Code (Development Code) related to heights of
fences for schools (established prior to November 1, 2004) in Residential
Land Use Districts. FIRST READING
Mayor/Chairman Valles opened the hearing.
Valerie Ross provided an overview 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 ordinance be laid over for final adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24 08/01/2005
42. Public Comments
Deanna Adams, 1156 N. "F" Street, San Bernardino, CA stated she wanted to
discuss three myths: 1) If we build it, they will come; 2) If we demolish it, they
will come; 3) If we complete one major project, they will come. She then spoke
regarding the idea, construction, and demise of the Carousel Mall, stating that
we should learn from our past lessons.
Matt Owen, 216 E. 10' Street, San Bernardino, CA stated that he had already
announced his candidacy for Second Ward Council Member when he learned he
did not live in the Second Ward —he lives in the First Ward. He stated that he
was supporting Gil Navarro in the First Ward Council race; and then introduced
Paul Adams, stating that he was supporting him for the position of Second Ward
Council Member.
Paul Adams, 1156 N. "F" Street, San Bernardino, CA spoke about the
government's right to take private property by eminent domain and give it to
other private owners for their personal gain; and that this city has been one of
the leaders in this ideal.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA stated that City Attorney
Penman should take a leave of absence if he was going to run for Mayor; asked
the Council to initiate a ballot measure calling for the Council positions to be
full-time with an appropriate salary; stated that Mayor Valles has done a good
job for almost eight years; and noted that on August 27, Mars will be closer to
the earth than it has been in 5,000 years and it will look like we have two
moons.
43. Adjournment
At 6:10 p.m., the meeting adjourned to 5 p.m., Monday, August 8, 2005, in the
Economic Development Agency Boardroom, 201 North "E" Street, San
Bernardino, California, for a General Plan Workshop.
25 08/01/2005
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, August 15,
2005, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
No. of Items: 43
No. of Hours: 4
RACHEL G. CLARK
City Clerk
By:=45=
Linda E. Hartzel
Deputy City Clerk
26 08/01/2005 ,