HomeMy WebLinkAbout11-07-2005 MinutesMayor Judith Valles
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street Susan Longville
Gordon McGinnis
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCammack
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
NOVEMBER 7, 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 1:34 p.m., Monday,
November 7, 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,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Council Members/Commissioners McGinnis, Kelley.
Council Member/Commissioner Kelley Arrived
At 1:43 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
Council Member/Commissioner McGinnis Arrived
At 1:50 p.m., Council Member/Commissioner McGinnis arrived at the Council/
Commission meeting.
Closed Session
Pursuant to Government Code Section(s):
11 /07/2005
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
James Keith Graham v. City of San Bernardino, et al. - United States
District Court Case No. CV 05-05534 PA (Ex);
Sequenta Lawrence as Personal Representative of the Estate of William
Lawrence, Deceased, et al. v. City of San Bernardino, et al. - United
States District Court Case No. EDCV 04 00336 FM (SGLx);
Larry J. Hyder, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 122930.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957.
E. Closed session with Chief of Police on matters posing a threat to the
security of public buildings or threat to the public's right of access to
public services or public facilities - pursuant to Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee 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: Joint Use Multipurpose Room/Gymnasium
at the Cesar Chavez Middle School, 6650
Magnolia Court, San Bernardino, California
2 11 /07/2005
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
2. Property: Community Facilities:
Delmann Heights Community Center
2669 N. Flores Street
Fifth Street Senior Center
600 W. Fifth Street
Lytle Creek Community Center
380 S. "E" Street
Mill Community Center
503 S. "E" Street
Nicholson Community Center
2750 W. Second Street
Perris Hill Park Senior Park
780 E. 21" Street
Ruben Campos Community Center
1717 W. Fifth Street
Rudy Hernandez Community Center
222 N. Lugo
Norton/Galaxy Ballroom
1494 Art Townsend Drive
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
3. Property Address: APN 0261-111-21, 23, 25, 29, 30, 33, 35 and
40; 0261-121-01, 02, 03, 13 and 14; 0261-451-
01 through 48; and 0261-461-01 through 66
N/S Frontage Road, 1,000± feet w/o North
Little League Drive
Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency,
as owner/seller and Century Crowell
Communities, LP, as buyer
Under Negotiation: Purchase price, terms and conditions
IVDA Project Area - Proposed Housing Project
4. Property: 1530 Walnut Street
APN 0274-023-01
Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency and/or
San Bernardino City Housing Authority, and
Lupe Ensign, property owner(s)
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Under Negotiation: Purchase price, terms and conditions
Property: 1550 Walnut Street
APN 0274-023-02
Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency and/or
San Bernardino City Housing Authority, and
Jesse Trevino and Albert Trevino, property
owner(s)
Under Negotiation: Purchase price, terms and conditions
Proper Vacant Land
APN 0274-023-03
Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency and/or
San Bernardino City Housing Authority, and
Jesse Trevino and Albert Trevino, property
owner(s)
Under Negotiation: Purchase price, terms and conditions
IVDA Redevelopment Project Area (Meadowbrook Housing Project)
7. Property: 151 East 2"d Street
APN 0135-291-09
1.1
0
Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency and/or
San Bernardino City Housing Authority, and
Maurice and Heather Durham, property owners
Under Negotiation: Purchase price, terms and conditions
Property: 161 East 2nd Street
APN 0135-291-11
Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency and/or
San Bernardino City Housing Authority, and
Alberto Falcon and Maria Garcia, property
owners
Under Negotiation: Purchase price, terms and conditions
Property: 167 East 2"d Street
APN 0135-291-12
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Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency and/or
San Bernardino City Housing Authority, and
Stephen Adebowale, property owner
Under Negotiation: Purchase price, terms and conditions
10. Proper 156 East King Street
APN 0135-291-27
Negotiating Parties: Maggie Pacheco, Interim Executive Director,
on behalf of the Redevelopment Agency and/or
San Bernardino City Housing Authority, and
Miguel Ramirez, property owner
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Benjamin Brown v. City of San Bernardino, et al. - San Bernardino Superior
Court Case No. SCVSS 107399;
City of San Bernardino v. Department of the Army - United States District
Court, Central District, Case No. CV 96-8867.
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 Reverend Bronica Martindale of New Hope Missionary
Baptist Church, followed by the pledge of allegiance, led by April Bennett of Bradley
Elementary School.
Moment of Silence
Mayor/Chairman Valles requested a moment of silence in memory of the following
individuals who recently passed away: Rosa Parks, known as a civil rights pioneer who
nearly fifty years ago refused to give up her bus seat to a white passenger, sparking a
movement that ended legal segregation in the United States; former Congressman
Edward R. Roybal, who represented California's 25' District for more than three
decades and was among the founders of the Congressional Hispanic Caucus; and native
son and Korean War Congressional Medal of Honor recipient Joseph C. Rodriguez.
5 11/07/2005
2. Appointment - Alexandra Robledo - Mobile Home Board - Mayor Valles
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the appointment of Alexandra Robledo to
the Mobile Home Board, as requested by Mayor Valles, 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. Proclamations & Presentations
Danny Flores, founder of Salute to the Route, advised that November 11 would
mark the 5151 Anniversary of Veterans Day and 79' Anniversary of Historic
Route 66, and that Salute to the Route would be hosting its 6' annual ceremony
marking these two events at 1 p.m. at Plaza Park.
Retired Sergeant Major Guenther Griebau stated that this year marked the 230'
birthday of the United States Marine Corps and announced that there would be
services on Veterans Day, November 11, at 11 a.m. at the Riverside National
Cemetery.
Greg Stockdale, President of I1 Valley Credit Union, presented the credit
union's Community Minded Service Award to Nancy Clatfelter, Manager of the
City's Retired Senior Volunteer Program.
Council Member Kelley presented the Fifth Ward Citizen of the Month award to
Mary Solis, President of the Verdemont Neighborhood Association, in
recognition of her many community contributions.
Council Member Derry presented a resolution of recognition to Linden Malki
and Associate Pastor Jim Willard of the Calvary Baptist Church on the occasion
of the church's 80' anniversary.
Bob Page, representing the office of County Supervisor Josie Gonzales, advised
that the County would be providing $950,000 for capital improvement projects
within the City of San Bernardino. He stated that $550,000 would be used to
expand the Perris Hill Senior Center and $400,000 would be used for water play
equipment at Wildwood, Perris Hill, and Lytle Creek parks.
Mayor Valles presented a resolution of recognition and 100 roses to Dorothy
Ingrahm on the occasion of her 100' birthday. A short reception followed in
the City Hall lobby.
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4. Announcements by Mayor and Common Council
The following comments were made by Mayor Valles regarding the San
Bernardino Symphony Orchestra Economic Impact and Media Exposure:
"I want to congratulate the San Bernardino Symphony, and particularly Maestro
Carlo Ponti, on another outstanding season premiere concert on October 22. At
our last Council meeting we approved funding for the San Bernardino
Symphony Orchestra and Sinfonia.
However, what is important to know is the economic impact of the San
Bernardino Symphony on the community. I asked for that information and was
astonished to see our actual return on our cultural investment.
For instance, just for the two seasons of 2003-2004 and 2004-2005, the
economic impact to the City and region was over $3.3 million dollars! For
every dollar the City spent, $23.83 was returned to the community in goods and
services purchased. That's a 238 % return on our investment!
In addition, the media promotional support —local, national and international
coverage —provided over $695,000 in positive impressions and stories for our
City image. Not included in these statistics, but also important to note, are the
Symphony's local fundraising events (New Year's Eve Gala, Valentine Brunch)
held in the City of San Bernardino, conservatively resulting in over $50,000 of
expense revenues returned to City merchants.
I am passing out a copy of these statistics to the members of the City Council so
that they will have firsthand information on the tremendous economic impact the
Symphony creates for our city."
Additional announcements were made by the Mayor, members of the Common
Council, elected officials, and a representative from 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 McGinnis, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council/
Community Development Commission/San Bernardino City Housing Authority,
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.
Council Minutes
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the minutes of the following meetings of
the Mayor and Common Council/Community Development Commission/San
Bernardino City Housing Authority of the City of San Bernardino be approved
as submitted in typewritten form: September 19, 2005; October 3, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Claims & Payroll
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, 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.
Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the personnel actions, as
submitted by the Chief Examiner, dated November 2, 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 t
Commissioners Estrada,
McCammack. Nays: None
he following vote:
Longville, McGinnis,
. Absent: None.
Ayes: Council Members/
Derry, Kelley, Johnson,
9. RES. 2005-365 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between William Holt and the City of San Bernardino for
hearing officer and/or administrative law officer services.
8 11 /07/2005
City Attorney Penman advised that this was a contract for an administrative law
officer, and his office is required to abstain; therefore, Special Counsel Sabo
had reviewed and signed off the contract.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
appoint William Holt as an administrative law officer until November 30, 2007
pursuant to Chapter 9.92 of the Municipal Code; and that said resolution be
adopted.
The motion carried and Resolution No. 2005-365 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
10. RES. 2005-380 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing execution of Supplemental Settlement
Agreement between the City of San Bernardino and the County of San
Bernardino relating to Criminal Justice Administrative Fees.
Council Member/Commissioner McCammack asked how staff had arrived at the
figure of $340,000. She stated that she understood that it was based on a cost of
$79.85 per estimated number of qualified bookings, but questioned how staff
determined how many people they thought were going to be arrested or booked
into the jail to pay that amount of booking fees. She stated that her concern was
whether the approximately 1,000 arrests left from the year prior had been taken
into consideration.
City Administrator Wilson stated that he had spoken with Barbara Pachon,
Director of Finance, and he thought it was basically determined by averaging
out the amount of arrests over the previous three years and "backing into the
number. "
Ms. McCammack reiterated her concerns that staff is budgeting properly and
taking the right steps to ensure that if we are arresting a thousand less people on
the street, then we are paying a thousand less booking fees, and we need to
budget accordingly.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-380 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
9 11 /07/2005
11. Set workshop of the Mayor and Common Council - Monday, November 21,
2005, at 5 p.m. in the MIC Room, 6" Floor City Hall - discuss development
impact fees
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council set a
workshop for Monday, November 21, 2005, at 5 p.m. in the MIC Room, 6'
Floor City Hall, to discuss development impact fees.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. RES. 2005-366 - 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 McGinnis, that said resolution be adopted.
Resolution No. 2005-366 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
13. 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 McGinnis, 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.
14. Approve Mayor and Common Council and Community Development
Commission Regular Meeting dates for 2006
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council and
the Community Development Commission approve the following dates for
10 11/07/2005
regular meetings of the Mayor and Common Council/Community Development
Commission for the year 2006: January 9 (second Monday); January 23 (fourth
Monday); February 6 and 21; March 6 and 20; April 3 and 17; May 1 and 15;
June 5 and 19; July 3 and 17; August 7 and 21; September 5 and 18; October 2
and 16; November 6 and 20; December 4 and 18.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
15. RES. 2005-367 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to DBX, Inc. for southwest and
southeast corner improvement and traffic signal modifications at Base Line
Street and Mt. Vernon Avenue; traffic signal improvement at Valencia
Avenue at 30' Street and Mountain Avenue at Northpark Boulevard; and
traffic signal modifications at University Parkway at the I-215 ramps
(TC05-06, TC04-39, SS05-09, TC05-04, TC04-34) per Plan Nos. 11328B,
11436 and 11561.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
authorize the Director of Finance to amend the FY 05/06 Budget by transferring
$27,500 from Account No. 250-370-5504-7490 "Southwest and Southeast
Corner Improvement and Traffic Signal Modifications at Base Line Street and
Mt. Vernon Avenue (TC05-04)" to Account No. 250-370-5504-7493 "Traffic
Signal Improvement at Valencia Avenue at 30' Street (TC04-34)"; and
That the Mayor and Common Council authorize the Director of Finance to
amend the FY 05/06 Budget by transferring $91,200 from Account No. 250-
370-5504-7483 "Highland Avenue and Central Avenue Traffic Signal (TC04-
27)" to Account No. 250-370-5504-7493 "Traffic Signal Improvement at
Valencia Avenue at 30' Street (TC04-34)"; and $85,000 from Account No.
250-370-5504-7483 "Highland Avenue and Central Avenue Traffic Signal
(TC04-27)" to Account No. 250-370-5504-7491 "Mountain Avenue and
Northpark Boulevard Traffic Signal", and $5,300 from Account No. 250-370-
5504-7483 "Highland Avenue and Central Avenue Traffic Signal (TC04-27)" to
Account No. 250-370-5504-7555 "University Parkway and I-215 Ramps
Striping and Signal Modifications (TC04-39)"; and that said resolution be
adopted.
The motion carried and Resolution No. 2005-367 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
11 11/07/2005
16. RES. 2005-368 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Kalban, Inc. for construction of
ADA access ramps and sidewalk at various locations, Phase VII, 2005/06,
(SS-B), per Plan No. 11056.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-368 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
17. RES. 2005-369 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Olivas Valdez, Inc., for street
widening improvements on Palm Avenue at BNSF Railroad grade crossing
north of Cajon Boulevard (SSO4-04), per Plan No. 11354.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
authorize the Director of Finance to amend the FY 05/06 Budget by transferring
$157,100 from Account No. 129-367-5504-7245 [State Street Construction -
Phase 113 & 3 (SSO4-09)] to Account No. 129-367-5504-7231, for Street
Widening Improvements on Palm Avenue at BNSF Railroad Grade Crossing
north of Cajon Boulevard (SSO4-04); per Plan No. 11354; and that said
resolution be adopted.
The motion carried and Resolution No. 2005-369 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
18. RES. 2005-370 - Resolution of the City of San Bernardino approving an
Agreement for Professional Services with Transtech Engineers, Inc. to
provide program management services for the Santa Fe Depot Parking
Structure Project (GB04-19).
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
authorize the Director of Finance to amend the FY 05/06 Budget to reflect
increased revenues and expenditures from SANBAG in the amount of $369,000
for a total funding amount in Account No. 242-362-5504-7576 of $900,000
($796,770 in federal reimbursement and $103,230 in SANBAG funding); and
that said resolution be adopted.
12 11 /07/2005
The motion carried and Resolution No. 2005-370 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
19. RES. 2005-371 - Resolution of the City of San Bernardino approving an
Agreement for Services with LSA Associates, Inc. for the provision of
Professional Environmental Consulting Services. (Northpointe Project)
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-371 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
20. RES. 2005-372 - 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 Acacia Avenue
and Hill Drive 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. 1040; preliminarily approving the Engineer's
Report and giving notice of a public meeting and public hearing.
Council Member/Commissioner Derry advised that he would abstain on this
item because it involves a project where he will be purchasing a home.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, 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 Acacia
Avenue and Hill Drive area (Tract No. 10260), to be known as Assessment
District No. 1040; and that said resolution be adopted.
The motion carried and Resolution No. 2005-372 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/
Commissioner Derry. Absent: None.
21. RES. 2005-373 - 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 four-
way stop at the intersection of Belmont Avenue and Magnolia Avenue.
13 11 /07/2005
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Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-373 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
Establish salaries - Fire Department Ranges P-5, P-6 and P-7 - effective
August 1, 2005
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
establish the salaries for Fire Department Ranges P-5, Battalion Chief
($9,979/mo.), Training Officer & Fire Marshal ($10,998/mo); P-6, Deputy Fire
Chief ($12,087/mo.); and P-7, Fire Chief ($13,420/mo.) effective August 1,
2005; that the Human Resources Department be directed to amend Resolution
No. 6429 to reflect the above action; and that the Mayor and Common Council
authorize the Finance Director to amend the FY 2005-06 Budget to transfer
$69,300 from the General Government Budget (001-092-5011) to the Fire
Department budget.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
Establish salaries - Fire Department Ranges P-1, P-2, P-3, and P-4 -
effective August 1, 2005
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
establish the salaries for the Fire Department Ranges P-1, Firefighter (Range
$4,824-$6,102/mo.); P-2, Firefighter/Paramedic (Range $5,572-$6,973/mo.);
P-3, Fire Engineer (Range $5,646-$6,797/mo.); and P-4, Fire Investigator/
Captain ($7,844/mo.) effective August 1, 2005; that the Human Resources
Department be directed to amend Resolution No. 6429 to reflect the above
action; and that the Mayor and Common Council authorize the Finance Director
to amend the FY 2005-06 Budget to transfer $588,300 from the General
Government Budget (001-092-5011) to the Fire Department budget.
The motion carried by the following vote:
Commissioners Estrada, Longville, McGinnis,
McCammack. Nays: None. Absent: None.
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Ayes: Council Members/
Derry, Kelley, Johnson,
11/07/2005
24. RES. 2005-374 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a purchase order in the amount of $54,792,
with a contingency amount of $10,000, for a total of $64,792 to Quality
Construction Management for the purchase and installation of three metal
roofs: two (2) metal roofs on restrooms located at Hudson Park and Colony
Park and one (1) metal roof on a picnic shelter located at Harrison Canyon
Park.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-374 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
25. RES. 2005-375 - Resolution of the Mayor and Common Council of the City
of San Bernardino canceling that agreement approved March 18, 1996
between the City of San Bernardino and the Blast Soccer Club for use of
soccer fields at Al Guhin Park and authorizing the Mayor or her designee to
execute a new agreement between the City of San Bernardino and the Blast
Soccer Club for a ten year term.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-375 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
26. RES. 2005-378 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Hillcrest
Contracting for repair of the street and open channel on Highland Avenue
approximately 200 feet west of Palm Avenue in the City of San Bernardino.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2005-378 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
27. RES. 2005-376 - Resolution of the Mayor and Common Council of the City
of San Bernardino increasing purchase orders for Pavement Recycling
Systems Inc. and Precision Cold Planing.
15 11 /07/2005
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-376 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
28. RES. 2005-377 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Ranch
Rock Products for removal of debris from the Chestnut Basin located in the
Verdemont area north of Palm Avenue in the City of San Bernardino.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-377 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
29. RES. 2005-379 - Resolution of the Mayor and Common Council of the City
of San Bernardino urging the San Bernardino Valley Municipal Water
District to repeal the recent tax increase and to redesign the debt payment
through a means that is fair to all customers.
Council Member/Commissioner Derry advised that the San Bernardino Valley
Municipal Water District implemented a new tax of approximately $60 for every
$100,000 in assessed valuation for each home. He stated that while it is
necessary to raise the funds to provide the service, his concern is that the actual
amount people are paying has absolutely nothing to do with water service or
their actual water usage —it is just a flat tax. He added that not only is the tax
excessive, treating individuals differently based on when they purchased their
homes —it provides no efforts and no implementation for conservation.
Council Member/Commissioner Longville stated that she thought it was very
important to look at a taxing policy that is going to have an effect upon people's
behavior —a policy that will not only extend sustainable water resources, but will
also protect the water quality.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2005-379 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
16 11/07/2005
30. Public hearing - Resolution establishing the application process, review
procedures, and required contract provisions for the implementation of a
Mills Act Program in the City of San Bernardino pursuant to Government
Code Section 50280, et seq., and setting an application fee and an annual
administrative fee
RES. 2005-363 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing the application process, review procedures,
and required contract provisions for the implementation of a Mills Act
Program in the City of San Bernardino pursuant to Government Code
Section 50280, et seq., and setting an application fee.
Mayor/Chairman Valles opened the hearing.
City Administrator Wilson explained that the Mills Act is a state law which is
designed to provide financial assistance for property owners that restore and
maintain historic properties. He stated that the savings to the property owner is
in the form of a property tax reduction that is calculated by the County Assessor
based on a formula that exists in state law. The Act requires that the property
owners enter into a 10-year rolling preservation agreement through which they
are required to reinvest the property tax savings back into the property for
maintenance and preservation.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2005-363 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
31. Public meeting - formation of a Landscape Maintenance Assessment District
- Irvington Avenue & Chestnut Avenue area - Tract No. 16443
Mayor/Chairman Valles opened the meeting.
James Funk, Director of Development Services, advised that this is a
development by GFR Enterprises, who is proposing to form a landscape
maintenance district which also includes the monument signs, lighting and
hardscape along the trail system at the east side of the development.
No public comments were received.
17 11 /07/2005
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the public meeting relative to the
formation of Irvington Avenue and Chestnut Avenue Area Landscape
Maintenance Assessment District No. 1039 be closed; and protests and ballots,
if any, be carried over to the public hearing on November 21, 2005 at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. Public hearing - create Underground Utility District No. 32 - located along
portions of Victoria Avenue, north of Highland Avenue
RES. 2005-364 - Resolution of the City of San Bernardino creating
Underground Utility District No. 32, located along portions of Victoria
Avenue, north of Highland Avenue, in the City of San Bernardino.
Council Member/Commissioner Derry stated that he would be abstaining
because he is employed by Southern California Edison. He left the Council
Chambers and returned after the vote was taken.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the hearing be closed; and that
said resolution be adopted.
The motion carried and Resolution No. 2005-364 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Kelley, Johnson, McCammack. Nays: None. Abstentions: Council Member/
Commissioner Derry. 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 Interim Executive Director Pacheco.
Absent: None.
18 11 /07/2005
R33. Public hearing - 2005 49" Street Single Family Residential Disposition and
Development Agreement - TELACU Development, LLC - 40" Street
Redevelopment Project Area (Continued from October 17, 2005)
Resolution of the Mayor and Common Council of the City of San
Bernardino approving the 2005 491` 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). (R33A)
Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Interim Executive Director to
execute 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' Street New Homes Project - 40' Street
Redevelopment Project Area). (R33B)
Note: No backup materials were distributed.
Mayor/Chairman Valles advised that staff had requested that this item be
continued to the next meeting.
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.
R34. RES. CDC/2005-38 - Resolution of the Community Development
Commission of the City of San Bernardino accepting the Inland Valley
Development Agency (IVDA) Inclusionary Housing Policy entitling the
Redevelopment Agency to receive one hundred percent (100%) of the
inclusionary housing credits for developed or newly rehabilitated housing
units within the IVDA Project Area.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
19 11 /07/2005
Resolution No. CDC/2005-38 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
R35. RES. CDC/2005-39 - Resolution of the Community Development
Commission of the City of San Bernardino (1) approving the Downtown
Mixed Use Project Concept Plan and adoption of a Negative Declaration in
accordance with the California Environmental Quality Act ("CEQA") and
(2) approving and authorizing the Interim Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to
execute a Redevelopment Project Study and Exclusive Right to Negotiate
Agreement ("Agreement") by and between the Agency and Watson and
Associates Development Company, Inc. ("Watson") (Central City North
Redevelopment Project Area - Downtown Mixed Use Concept Plan)
Maggie Pacheco, Interim Executive Director, Economic Development Agency,
provided an overview of the information contained in the staff report.
Council Member/Commissioner McCammack stated that she was very excited
and gratified that one of the City's most cooperative and generous developers
was offering to give downtown the shot in the arm that it needs. However, she
needed to let the viewing audience and the developer understand that since she
began serving as a Council member she has always tried to make sure that the
taxpayers' investment is wisely invested and that it pencils out over a reasonable
amount of years —that the payback to the taxpayer for helping a developer move
a project forward is reasonable and within reach.
She stated that her concern, in this particular case, was based on some real
rough numbers because the backup didn't really give her enough numerical data,
but it appeared to her that it would take the taxpayers about 96 years to get paid
back the investment that this will cost, and for that reason and that reason alone,
she was going to vote against the project.
She stated that she believed there were wiser ways of investing $23 million of
taxpayers' money —that she didn't think this was the wisest. She stated that as
the developer has been generous in other areas of town, she thinks there should
be some other way of penciling this out.
Council Member/Commissioner Longville stated that she would like to know
how Ms. McCammack calculated 96 years, because she was sure she would be
reading about this in the paper tomorrow, and she'd like to know where that
figure came from.
20 11/07/2005
She added that she and Council Member/Commissioner Estrada had worked
quite a bit with Mr. Diamond and Mr. Shumaker on the concept plan, and while
they realized it was just a concept plan, they went through many iterations. She
stated that this is the first significant shot of residential housing in the
downtown, in a concentrated area, that is not single-family, which is what the
young people and the professionals in the Inland Empire are crying out for. She
added that she thought it was a very wise investment and one that would do San
Bernardino proud.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2005-39 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson. Nays: Council Member/Commissioner McCammack. Absent:
None.
36. Public Comments
Tom Kanavos, 1962 Turrill Avenue, San Bernardino, CA, ascertained that a
flyer sent out by the Police Officers Association on behalf of City Attorney
Penman for Mayor contained inaccurate and misleading information.
Mr. Penman provided rebuttal to Mr. Kanavos' comments, stating that the
information Mr. Kanavos provided was incorrect.
Bill Robinson, 5402 North Park Lane, San Bernardino, CA, spoke regarding
the potential for dangerous flooding from Sepulveda to the downtown area due
to the fact that the flood basins are full of debris. He stated he can get $250,000
to clean these flood basins up if he has a sponsor, yet no one is stepping
forward. He stated that if something happens, it will be the fault of the City.
Demetrius Mitchell, 1050 North Tia Juana Street, San Bernardino, CA, spoke
regarding damage done to his house during a drug raid, stating that even though
the Police made a mistake and raided the wrong house, the claim he submitted
to the City for damages was denied.
Sylvia Arias, a Sixth Ward activist, urged residents to be sure and vote on
November 8 and expressed support for City Attorney James Penman for Mayor.
21 11 /07/2005
34. Adjournment
At 5:10 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, October 17, 2005, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 34
No. of Hours: 3.5
RACHEL G. CLARK
City Clerk
By:
Linda E. Hartzel
Deputy City Clerk
22 11/07/2005