HomeMy WebLinkAbout10-17-2005 MinutesCITY OF SAN BERNARDINO
300N. "D"Street
San Bernardino, CA 92418
Website: www.sbeity.org
MINUTES
MAYOR AND COMMON COUNCIL
AND THE
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
OCTOBER 17, 2005
COUNCIL CHAMBERS
Mayor Judith Valles
Council Members:
Esther Estrada
Susan Longville
Gordon McGinnis
Neil Derry
Chas Kelley
Rikke Van Johnson
Wendy McCanunack
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Valles at 1:41 p.m., Monday, October 17, 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, Derry,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Members/Commissioners McGinnis, Kelley, Johnson.
Council Member/Commissioner Kelley Arrived
At 2 p.m., Council Member/Commissioner Kelley arrived at the Council/Commission
meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
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H. Roger Wang, et al. v. Wal-Mart Real Estate Business Trust, et al. - San
Bernardino Superior Court Case No. SCVSS 129158;
City of San Bernardino v. Henry Barber - San Bernardino Superior Court
Case No. SCISS 117517;
La France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 00-107 RT (RNBx).
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:
Mountain Business Park, Claim No. 0413-06-00034
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 Organizations:
San Bernardino City Professional Firefighters
San Bernardino Police Officers Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property: 247 West Third Street
Negotiating Parties: Judith Valles, Mayor, on behalf of the
Redevelopment Agency, property owners, and
Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
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2
3
Under Negotiation: Purchase price, terms and conditions
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
Property: 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, licensee;
Wael Elatar, Facilities Administrator, San
Bernardino City Unified School District, as
property owner
Under Negotiation: Terms and conditions
4. Property: Community Facilities:
Delmann Heights Community Center
Fifth Street Senior Center
Lytle Creek Community Center
Mill Community Center
Nicholson Community Center
Perris Hill Park Senior Park
Ruben Campos Community Center
Rudy Hernandez Community Center
Norton/Galaxy Ballroom
2669 N. Flores Street
600 W. Fifth Street
380 S. "E" Street
503 S. "E" Street
2750 W. Second Street
780 E. 2111 Street
1717 W. Fifth Street
222 N. Lugo
1494 Art Townsend Drive
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Negotiating Parties: Marianne Milligan, City Attorney's Office,
and Lemuel P. Randolph, Director,
Parks, Recreation & Community Services
Department, for property owner; Gregory
Humpal, Contract Analyst, San Bernardino
City Unified School District
5. Property: Vacant land
APN 0136-111-22
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency, as
owner/seller, and Arrowhead Central Credit
Union, a California Corporation, as buyer
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following item had been discussed in
closed session:
Recommended promotion of Thomas Marek, from Risk Manager, Human
Resources Department, to Information Services Director, Information
Services Department.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Council Members/Commissioners McGinnis & Johnson Arrived
At 3:09 p.m., Council Members/Commissioners McGinnis and Johnson arrived at the
Council/Commission meeting.
Invocation/Pledge of Allegiance
The invocation was given by Sister Carmel Crimmins of the Diocese of San Bernardino,
followed by the pledge of allegiance, led by Council Member/Commissioner Longville.
Moment of Silence
Mayor/Chairman Valles expressed condolences to the families and requested a moment of
silence in memory of former Fifth Ward Councilman Gordon Quiel, longtime resident of
San Bernardino and co-owner of Quiel Bros. Sign Company and the Stardust Roller Rink;
Robert Cravens, who recently retired after serving 20 years as a forensic supervisor in the
Police Department; Pasquale DeBellis, who operated the DeBellis Music store until 1969;
and Dr. James Roberts Savage, lifelong resident of San Bernardino and founding member
of the San Bernardino Medical Group, past president of the YMCA, member of the Board
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of Directors and active volunteer for the Lighthouse for the Blind, and member of the City
School Board for 16 years.
2. Appointments
• Louis A. Fernandez - Board of Water Commissioners - Mayor/Chairman
Valles
• A. Jay Munoz - Planning Commission Alternate - Mayor/Chairman Valles
• Bronica Martindale - Fine Arts Commission - Council Member/Commissioner
Rikke Van Johnson
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner Estrada, that the appointments of Louis A. Fernandez to
the Board of Water Commissioners, A. Jay Munoz, as alternate to the Planning
Commission, and Bronica Martindale, to the Fine Arts Commission, as requested
by Mayor/Chairman Valles and Council Member/Commissioner Johnson, be
approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
3. Presentations & Proclamations
A resolution of commendation was presented to Gary Van Osdel, Executive
Director of the Economic Development Agency, on the occasion of his retirement,
in acknowledgment of his dedication and contributions to the betterment of the
community.
A resolution of commendation was presented to Bernard "Bernie" Kersey, General
Manager of the Water Department, on the occasion of his retirement, in
acknowledgment of his dedication and outstanding contributions to the City of San
Bernardino.
June Durr, Public Information Officer in the Mayor's Office, read a proclamation
declaring October 22, 2005, as "Make a Difference Day In Your City."
Certificates of Recognition were presented to: Teresa Martin, Interim Assistant
Director; Dan Ustation, Parks Superintendent; Glenda Martin Robinson and Mitch
Assumma, Senior Recreation Supervisors; Lesa Nichols, Rhawnie Hughbanks,
Administrative Clerks; and Traci Burnett, Nutrition Coordinator, of the Parks,
Recreation and Community Services Department, for successfully securing
$375,000 in grant funds for a synthetic soccer field for Nunez Park and $701,864
for a new gymnasium for the Ruben Campos Center.
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Cl
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A resolution of commendation was presented to Gloria Olave Chavez honoring her
and Ballet Folklorico on the occasion of their 20' anniversary.
June Durr, Public Information Officer in the Mayor's Office, read a resolution
commemorating the 40' anniversary of the Southern California Association of
Governments (SCAG).
Jim Gerstenslager of the Western Regional Little League presented the Mayor and
Council with a pin collection of this year's participating teams as a token of
appreciation for their generous support of the tournament.
Councilman Kelley presented certificates of recognition to Neighborhood
Improvement Program (NIP) participants Irma Gonzales, Alexis Ortiz, Elizabeth
White, and Richard Goodermont. Maggie Pacheco, Economic Development
Agency Deputy Director, also wanted to thank two members of her staff, James
Wilmont and Diana Sanchez.
June Durr, Public Information Officer in the Mayor's Office, read the names of the
following individuals who were presented a service pin award by Mayor/Chairman
Valles in recognition of their many years of dedicated service to the City:
Name
Roger Davis
Eudora Otterbein
Tim Smith
Bryan Turner
Lesa Nichols
Paula Clay
Michele Mahan
Rachel May
Announcements
Department
City Clerk
City Clerk
Fire
Fire
Parks, Recreation &
Community Services
Police
Police
Police
Years of Service
15
10
10
5
5
20
10
20
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.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Longville 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, be waived.
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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.
6. Claims & Payroll
Council Member/Commissioner Longville 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 October 4, 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.
7. Personnel Actions
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions, as submitted by the
Chief Examiner, dated October 17, 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.
8. RES. 2005-335 - 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 Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-335 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2005-336 - 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
in the case of Patrick Major v. San Bernardino Fire Department, City of San
Bernardino, et al.
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Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-336 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
10. 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 Longville 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.
11. RES. 2005-337 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Tract Map No. 14746, located at
the intersection of "F" Street and Hill Drive, accepting the public dedications
as set forth on said map; and authorizing execution of the Standard Form of
Agreement for the improvements in said subdivision, with time for
performance specified.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-337 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. RES. 2005-338 - Resolution of the City of San Bernardino establishing fair
market value and minimum sale price for certain City owned parcels of real
property generally located between "D" Street and Stoddard Avenue, north of
29th Street and south of State Route 210, and setting a public hearing to
consider said sale.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
8 10/17/2005
Resolution No. 2005-338 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2005-339 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving Standard Form of Agreement for Subdivision Tract
No. 16509-3 (Lots 60 through 73) located on the west side of Northpark
Boulevard between University Parkway and the Devil Creek Flood Control
Channel with Richmond American Homes of California, Inc., with time of
performance specified, and authorizing release of University Park, LLC from
terms of Standard Form of Agreement for Tract No. 16509-3 (Lots 60 through
73) as approved by Resolution No. 2005-114 dated May 16, 2005.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-339 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. RES. 2005-340 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation of
a landscape maintenance assessment district located in the Palm Avenue and
Irvington Avenue Area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the district, to be known as
Assessment District No. 1043, Zone 1 and Zone 2; preliminarily approving the
Engineer's Report and giving notice of a public meeting and public hearing.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services and
the City Clerk be authorized to proceed under SBMC 12.90, with the establishment
of a Landscape Maintenance Assessment District in the Palm Avenue and Irvington
Avenue area (Tract Nos. 15940 and 16457), to be known as Assessment District
No. 1043 Zone 1 and Zone 2; and that said resolution be adopted.
The motion carried and Resolution No. 2005-340 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2005-341 - Resolution of the City of San Bernardino approving Services
Agreements with Albert Johnson and California Code Check for provision of
contract building inspection services.
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Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-341 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16. RES. 2005-353 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement and the
execution of a grant deed to J. R. Watson & Associates relative to the sale of
City property generally located at the northeast corner of Pine and Belmont
Avenues and the southeast corner of Ohio and Pine Avenues in the City of San
Bernardino.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-353 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2005-342 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the issuance of an annual purchase order with
three one-year renewal options to SK Telecon, Inc. for the cable pull services
to the City's telephone system for the Facilities Management Department in
the amount of $34,398.00.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-342 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. RES. 2005-343 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the issuance of an annual purchase order with
three one-year renewal options to Nexus I.S. for the equipment maintenance of
the City's telephone system for the Facilities Management Department in the
amount of $44,460.15.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
10 10/17/2005
Resolution No. 2005-343 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2005-344 - 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 Facilities Management Department.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-344 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20. RES. 2005-345 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving an Authorized Provider Agreement between the
City of San Bernardino Fire Department and the American Red Cross Inland
Empire Chapter.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-345 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
21. RES. 2005-346 - Resolution of the Mayor and Common Council of the City of
San Bernardino adopting a Standard Agreement to be used for gaining the
permission of parcel owners to enter their property for the purposes of
conducting prescribed and/or structural training burns.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-346 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. RES. 2005-354 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Agreement with the Sinfonia
Mexicana for the promotion of arts and culture.
The following individuals spoke in support of Sinfonia Mexicana:
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Tony Bocanegra, Sinfonia Mexicana, 468 W. 5`h Street, San Bernardino, CA;
Maurice Calderon, President of Sinfonia Mexicana, 550 E. Hospitality Lane, San
Bernardino, CA; and
Sydney Jones, San Bernardino Adult School, 6985 Bonita, Highland, CA.
Council Member/Commissioner Derry indicated that he would be casting a "no"
vote on this item as well as Agenda Item No. 23. He stated that cities should
provide public safety, maintain roads and parks, and pick up trash; and he feels
that these funds would be better suited for those purposes. He stated that he agrees
with the Mayor that the City should have a culturally diverse community, and that
students should be enriched in the arts; however, he believes the City's priorities
are misguided at this time.
City Administrator Wilson stated that funding was included in the budget and was
approved for both of these events, and that this is the second step in finalizing the
agreement.
Council Member/Commissioner McCammack stated that over the years the City
collects fees from developers for the fine arts and there is a certain percentage the
City is supposed to set aside for these kinds of events. She added that it is the Fine
Arts Commission that makes the recommendation to the Mayor and Common
Council.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-354 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Johnson, McCammack.
Nays: Council Members/Commissioners Derry, Kelley. Absent: None.
23. RES. 2005-355 — Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Agreement with the San
Bernardino Symphony Orchestra for the promotion of arts and culture.
The following individual spoke in support of the San Bernardino Symphony:
Mary Schnepp, 1110 Devonshire, San Bernardino, CA.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-355 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Johnson, McCammack.
Nays: Council Members/Commissioners Derry, Kelley. Absent: None.
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24. RES. 2005-347 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing reimbursement of costs incurred by GFR/Century
Homes for installation of a 2-inch water meter and architectural conceptual
landscape drawings for a new City park in the University Heights
Development.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-347 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. RES. 2005-348 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of a Community Foundation Grant
application in the amount of $6,535 from the Community Foundation serving
Riverside and San Bernardino Counties for the Senior Companion Program
(SCP) and authorizing the Director of Parks, Recreation and Community
Services to administer the grant funding.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-348 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
26. RES. 2005-349 - Resolution of the City of San Bernardino ratifying the
submittal of a grant application and authorizing the Police Department to
administer the allocated FY 2005 Buffer Zone Protection Plan (BZPP) grant
funds in accordance with the grant expenditure plan.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-349 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
27. Item Deleted.
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28. RES. 2005-350 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of the renewal of a Memorandum of
Understanding (MOU) for the San Bernardino Police Department to
participate as a member of the United States Department of Justice, Drug
Enforcement Administration (II)EA) Task Force.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-350 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
29. RES. 2005-351 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the execution of a purchase order to Guzman
Construction for the repair and/or clean out of approximately six hundred and
eighty feet of Meyer Road storm drain.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-351 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
30. RES. 2005-352 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing purchase orders to Matich Corporation and
Vulcan Material/CalMat Division to supply materials, equipment and labor for
roadway pavement repairs for use by the Public Services Street Division for
CIP projects.
City Attorney Penman abstained on this matter due to the fact that Mr. Matich has
made contributions to his City Attorney campaign.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-352 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14 10/17/2005
31. RES. 2005-356 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving Standard Form of Agreement for Subdivision Tract
No. 14604 located at the northeast corner of Ohio and Magnolia Avenues with
KB Home Greater Los Angeles Inc., with time of performance specified, and
authorizing release of Richard L. Elder and Kevin R. Elder from terms of
Standard Form of Agreement for Subdivision Tract No. 14604 as approved by
Resolution No. 2003-129, dated June 16, 2003. (Continued from October 3,
2005)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-356 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. Resolution of the City of San Bernardino adopting an updated Non-
Discrimination/Workplace Harassment Policy for said City and repealing
Resolution No. 95-154. (Continued from October 3, 2005)
The following individuals spoke in opposition to the proposed sexual
harassment policy:
Kat Grossman, 654 Maywood Avenue, San Bernardino, CA; and
Trisha Wallis, 3739 Palm Crest Drive, Highland, CA.
Council Member/Commissioner Derry inquired as to whether elected officials are
covered in the same way employees are covered under this document.
Stephanie Easland, Assistant City Attorney, answered in the affirmative, stating
that elected officials are included in the definition of "employee"; however, unlike
civil service and at -will employees, elected officials cannot be terminated per the
City Charter.
Mayor/Chairman Valles stated that the policy holds true for both elected officials
and employees, the exception is that elected officials cannot be fired.
Council Member/Commissioner McCammack stated that they, as elected officials,
can be sued by an employee of the City of San Bernardino just like they can be
sued by anyone that makes a claim against them for sexual harassment.
City Attorney Penman stated that he had a suggestion that he made back in 1995
that would put real teeth into this policy and could result in removing an elected
official. He referred to Government Code Section 3060, "Accusation by grand
jury," which reads: "An accusation in writing against any officer of a district,
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county, or city, including any member of the governing board or personnel
commission of a school district or any humane officer, for willful or corrupt
misconduct in office, may be presented by the grand jury of the county for or in
which the officer accused is elected or appointed. An accusation may not be
presented without the concurrence of a least 12 grand jurors." Mr. Penman stated
that if an internal investigation comes up with evidence to support a charge that an
elected official has been harassing City employees, it would be a simple matter to
include language in the resolution that the matter shall be referred to the District
Attorney's Office to proceed pursuant to Government Code Section 3060, and then
that person could be removed from office.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
The motion failed by the following vote: Ayes: Council Members/
Commissioners Derry, McCammack. Nays: Council Members/Commissioners
Estrada, Longville, McGinnis, Kelley, Johnson. Absent: None.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Longville, that the matter be referred to the Personnel
Committee.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack.
Nays: Council Member/Commissioner Derry. Absent: None.
33. Workshop - MIC Room - 6" Floor City Hall - discuss and take possible action
concerning issuance of Pension Obligation Bonds
RES. 2005-357 - Resolution of the Mayor and Common Council of the City of
San Bernardino supplementing Resolution No. 2005-79 providing for the
issuance of Pension Obligation Bonds, approving the form of and authorizing
the execution and delivery of a Trust Agreement and Bond Purchase
Agreement, and authorizing other matters relating thereto.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-357 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
16 10/17/2005
34. RES. 2005-361 - Resolution of the Mayor and Common Council of the City of
San Bernardino supporting the Santa Ana River Trail Concept Plan and
commitment to partner with the County of San Bernardino and other entities
as necessary to secure funding to implement the plan.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; that the Director
of Development Services be authorized to initiate amendments to the General Plan
as needed pursuant to the Concept Plan for review by the Planning Commission
and approval of the Mayor and Common Council; that the City Administrator be
directed to prepare an Action Plan that specifies each department's responsibilities
pursuant to the Concept Plan; and that the Mayor and Common Council establish a
Santa Ana River Trail Commission comprised of trail supporters that will advise
the Mayor and City Council on implementation opportunities through quarterly
updates at regularly scheduled meetings of the Mayor and Common Council.
The motion carried and Resolution No. 2005-361 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack.
Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark,
Economic Development Agency Executive Director Van Osdel. Absent: None.
R35. Public hearing - 2005 Disposition and Development Agreement - Arrowhead
Central Credit Union, a California Corporation (Central City South
Redevelopment Project Area (Continued from September 6, 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 Arrowhead Central Credit Union, A California Corporation
("Developer") (Agency property located north of Mill Street, west of "E"
Street (APN 0136-111-22) - 8.2 acres in the City of San Bernardino)
("Property") and making certain findings thereto related to the development
of the project. (R35A)
17 10/17/2005
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 Arrowhead Central Credit Union, a California
Corporation ("Developer") and authorizing the Agency Executive Director to
execute said DDA relating to the sale and development of Agency property
located north of Mill Street, west of "E" Street (APN 0136-111-22) - 8.2 acres
in the City of San Bernardino ("Property") and making certain findings
thereto related to the development of the Project. (R35B)
Mayor/Chairman Valles indicated that staff had requested that this item be tabled.
Council Member/Commissioner McGinnis 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, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R36. Public hearing - 2005 49`h Street Single Family Residential Disposition and
Development Agreement - TELACU Development, LLC - 40`h Street
Redevelopment Project Area (Continued from September 19, 2005)
Resolution of the Mayor and Common Council of the City of San Bernardino
approving the 2005 49`h 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`h Street New Homes Project - 40`h Street
Redevelopment Project Area). (R36A)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director to execute 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 49`h Street New Homes Project - 40`h Street Redevelopment Project
Area). (R36B)
Note: No backup materials were distributed.
Mayor/Chairman Valles indicated that staff had requested that this item be
continued to November 7, 2005.
18 10/17/2005
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of November 7, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R37. Public hearing - Request to provide a HOME Grant to Mary's Mercy Center
for Veronica's Home Transitional Housing Project
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute
the 2005 HOME Grant Agreement by and between the Agency and Mary's
Mercy Center, Inc., a non-profit public benefit corporation - 641 Roberds
Avenue (IVDA Redevelopment Project Area).
Note: No backup materials were distributed.
Mayor/Chairman Valles indicated that staff had requested that this item be
continued to November 21. 2005.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Council/
Commission meeting of November 21, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R38. Designate Agency check signers - Secretary and Assistant Secretary of the
Commission
RES. CDC/2005-34 - Resolution of the Community Development Commission
of the City of San Bernardino, California, designating check signers and
countersigners for the City of San Bernardino Redevelopment/Economic
Development Agency checks and wire transfers, and repealing Resolution No.
CDC/2004-40. (R38A)
RES. CDC/2005-35 - Resolution of the Community Development Commission
of the City of San Bernardino, California, authorizing the appointment of
Margarita Pacheco as Secretary of the Commission and authorizing the
appointment of Barbara Lindseth as Assistant Secretary of the Commission,
and repealing Resolution No. CDC/2001-46. (R38B)
19 10/17/2005
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolutions A&B, be adopted.
Resolution Nos. CDC/2005-34 and CDC/2005-35 were adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
R39. RES. CDC/2005-36 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director to execute Amendment No. 1 to the 2000 Agreement with Lewis,
Brisbois, Bisgaard & Smith, L.L.P., as Agency Special Counsel, extending the
2000 Agreement for 6 months, or through April 30, 2006, on the same terms
and conditions of the 2000 Agreement.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. CDC/2005-36 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R40. RES. CDC/2005-37 - Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive
Director of the Redevelopment Agency of the City of San Bernardino
("Agency") to execute Amendment No. 2 to the June 2, 2003 Disposition and
Development Agreement (DDA) by and between the Agency and J. R. Watson
& Associates Development Co. and other affiliated entities as identified in the
amended DDA ("Developer").
City Attorney Penman indicated that he had been told that this item was to be
continued.
Maggie Pacheco, Deputy Director, Economic Development Agency, stated that
this item was contingent upon approval of Agenda Item No. 41, and since Agenda
Item No. 41 had been approved, this item could go forward.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. CDC/2005-37 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
20 10/17/2005
41. Public hearing - General Plan Amendment No. 05-09 and Conditional Use
Permit No. 05-10 - to change the land use designation of approximately 7.6
acres from RL, Residential Low, to CG-3, Commercial General University
Village land use district, and construct a multi -tenant commercial shopping
center
RES. 2005-358 - Resolution of the City of San Bernardino re -adopting General
Plan Amendment No. 05-09 to the General Plan of the City of San Bernardino,
to amend the General Plan Land Use Designations from RL, Residential Low,
to CG-3, Commercial General University Village for 7.6 acres located at the
northwest corner of University Parkway and Northpark Boulevard, and
repealing Resolution No. 2005-315.
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner/Deputy Director of Development Services, stated that
the Mayor and Common Council approved this item last month; however, a change
was made to the acreage in the staff report, but they neglected to include that
change in the resolution.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the hearing be closed; that the Mayor
and Common Council re -adopt the Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Plan; that said resolution be adopted; and that Conditional
Use Permit No. 05-10 be re -approved based upon the Findings of Fact contained in
the Planning Commission staff report and subject to the Conditions of Approval
(Attachment C) and Standard Requirements (Attachment D).
The motion carried and Resolution No. 2005-358 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
42. Public hearing - Specific Plan Amendment No. 05-01, General Plan
Amendment No. 05-08, Development Permit II No. 05-49, and Tentative
Parcel Map No. 17235 - Stater Bros. Markets Distribution Center
RES. 2005-359 - Resolution of the City of San Bernardino adopting the Facts,
Findings and Statement of Overriding Considerations, certifying the Final
Subsequent Environmental Impact Report, adopting the Mitigation
Monitoring and Reporting Plan, certifying the Traffic Impact Analysis,
adopting Specific Plan Amendment No. 05-01 and General Plan Amendment
No. 05-08 for the Stater Bros. Markets Distribution Center.
21 10/17/2005
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner/Deputy Director of Development Services,
acknowledged those who have been involved in this project: Jack Brown,
Chairman and CEO of Stater Bros. Markets; Bruce Varner of Varner, Saleson &
Brandt, Legal Counsel for Stater Bros. Markets; Scott Limbacher, Vice -President
of Construction and Maintenance for Stater Bros. Markets; Wayne Hendrix, Vice -
President of Construction Management for Matich Corporation; Tim Bauer of Leo
A. Daly Architects; and Timothy Sabo representing the San Bernardino
International Airport Authority/Inland Valley Development Agency.
Those involved from the City of San Bernardino include: Mark Lancaster,
Deputy Director/City Engineer; Robert Eisenbeisz, Senior Civil Engineer, Public
Works/Engineering; Henry Empeno, Senior Assistant City Attorney; and Tom
Dodson of Tom Dodson & Associates, Environmental Consultant for the City of
San Bernardino.
Ms. Ross presented highlights of the staff report and recommended approval as
proposed.
Jack Brown, Chairman and CEO of Stater Bros. Markets, thanked staff and the
Council for their support of this project.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that the Mayor
and Common Council adopt the resolution and approve Development Permit II No.
05-49 and Tentative Parcel Map No. 17235, based on the Findings of Fact and
subject to the Conditions of Approval and Standard Requirements.
The motion carried and Resolution No. 2005-359 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
43. Public hearing - Development Agreement Nos. 05-01, 05-02, 05-03 and 05-04
related to the San Bernardino International Trade Center Specific Plan
RES. 2005-360 - Resolution of the City of San Bernardino adopting and
authorizing the execution of Development Agreement Nos. 05-01, 05-02, 05-03,
and 05-04 related to the San Bernardino International Trade Center Specific
Plan.
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner/Deputy Director of Development Services, provided an
overview of the project. She stated that Development Agreement No. 05-01 is
22 10/17/2005
between Hillwood Development Investments, the Inland Valley Development
Agency and the City; Development Agreement No. 05-02 is between the Inland
Valley Development Agency, San Bernardino International Airport Authority,
Stater Bros. Markets and the City; Development Agreement No. 05-03 is between
Hillwood and the City; and Development Agreement No. 05-04 is between
Hillwood and the City. Ms. Ross stated that all four agreements are consistent
with the provisions of the Development Code and staffs recommendation is that
the resolution be adopted for all four agreements. She stated that Section I.F. and
Section IV of the resolution were revised to acknowledge compliance with the
California Environmental Quality Act (CEQA).
No public comments were received
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the hearing be closed; and that said
resolution be adopted, as amended.
The motion carried and Resolution No. 2005-360 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
44. Public hearing — Specific Plan No. 90-01/Conditional Use Permit No. 91-31 —
CalMat Cajon Creek Specific Plan — modifications to Conditions of Approval
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner/Deputy Director of Development Services, provided an
overview of the project.
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 the Mayor and
Common Council modify Condition No. 9 to Specific Plan No. 90-01 and
Conditional Use Permit No. 91-31 to revise the wording and incorporate the
Ca1Mat Cajon Creek Specific Plan Conceptual Landscape Plan.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
45. Public Comments
Jack Hill, 1033 W. 10' Street, San Bernardino, CA, urged residents to vote "yes"
on Measure "S," the City's Library Tax Measure.
23 10/17/2005
Roger Henderson, 2516 Valencia Avenue, San Bernardino, CA, made political
statements regarding the upcoming election.
Marion Vassilakos, 2386 Denair Avenue, Highland, CA, spoke in support of
Measure "S".
Frank Hazas, 3326 N. Erwin Street, San Bernardino, CA, stated that he was
concerned with the proposed development by Stater Bros. Markets because his
recently deceased mother owned property at 879 Rialto Avenue, which is near the
subject site.
James Penman, 221 E. Marshall Blvd., San Bernardino, CA, made political
statements regarding the upcoming election.
46. Adjournment
At 7:07 p.m., the meeting was adjourned to Tuesday, November 1, 2005, at 5:00
p.m. in the Council Chambers of City Hall for adoption of the General Plan
Update and associated Specific Plans.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, November 7,
2005, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
No. of Items: 46
No. of Hours: 5
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
24 10/17/2005