HomeMy WebLinkAbout07-19-2004 MinutesMINI ITF.S
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 19, 2004
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 Pro Tem/Acting Chairman Estrada at
1:34 p.m., Monday, July 19, 2004, 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 Pro
Tem/Acting Chairman Estrada; Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
City of San Bernardino, a Municipal Corporation and the Economic
Development Agency for the City of San Bernardino, v. Valerie Pope -
Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan
Steward, Inc., Steward & Associates, et al. - San Bernardino Superior
Court Case No. SCVSS 108965;
La France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 00-107 RT (RNBx);
Under Seal v. Under Seal - Los Angeles Superior Court Case No.
BC272529.
1 7/19/2004
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:
NAACP v. City of San Bernardino
MALDEF v. City of San Bernardino
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9:
City of San Bernardino v. Protea Hotel, Inc.
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:
General Unit
Mid -Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property: 247 West 'third Street
Negotiating Parties: James F. Penman, General Counsel, on behalf
of the Redevelopment Agency, property owner
and Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
Under Negotiation: Purchase price, terms and conditions
2. Property: That parcel consisting of approximately 67.75
acres idemified as Parcel 1-2 at the San
Bernardino International Airport, and generally
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bounded by Harry Sheppard Blvd., Del Rosa
Drive, Paul Villasenor Blvd., 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 Penman on behalf of the City of San
Bernardino.
Under Negotiation: Terms and Conditions
3. Proper : 621 North G Street
APN 0134-021-28
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and/or Redevelopment Agency, and Rohit
Doshi and Rite Family Trust, property owners
Under Negotiation: Purchase price, terms and conditions
4. Proper 49ih Street Properties
APN 0154-125-08, 0154-125-09, 0154-125-10,
0154-125-11
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Sandra
Merle and Brian Arthur Swartz, property
owners
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional items would be
discussed in closed session:
San Bernardino City Unified School District v. Oscar A. Sandoval, et al.
- San Bernardino Superior Court Case No. SCVSS 117009;
Fu San Limited, Inc. dba Sahara Motel v. City of San Bernardino - San
Bernardino Superior Court Case No. SCVSS 117349.
Under Agenda Item 1B, Significant Exposure to Litigation: Agenda Item No.
37.
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Under Agenda Item 1C, Initiation of Litigation:
City of San Bernardino v. County of San Bernardino
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 Pastor Woody Hall of the Lutheran Church of Our Savior,
followed by the pledge of allegiance, led by Yuliana Reyes, a graduating student from
Anderson School.
2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
On behalf of the Mayor and Council, Mayor Pro Tem Estrada presented a
resolution of commendation to Cipriano De La Ree on the occasion of his
retirement from the City after 32 years of service.
Jan Wages, President of the San Bernardino Confidential Management
Association (SBCMA), and Millicent Price, Chairman of the SBCMA
Scholarship Committee, introduced Brenda Yzaguirre and Jennifer Karschner,
winners of the SBCMA's ninth annual scholarship competition for children of
City of San Bernardino employees. Brenda's father is employed by the City's
Fire Department; Jennifer's parents are employed in Code Compliance and
Information Services.
June Durr, Marketing Director, Mayor's Office, read the names of the
following individuals who were presented a service pin award by Mayor Pro
Tern Estrada in recognition of their many years of dedicated service to the City:
Name
Department
Kimeng Vong
Fire
Dena Alvarez
Police
Roger Poyzer
Police
Gilbert Ruvalcaba
Police
Anthony Viola
Police
Gwen Waters
Police
Durward Williams
Police
Randall Wilson
Police
Years of Service
10
20
30
20
25
20
25
20
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4. Announcements
Announcements were made by members of the Common Council, elected
officials, and a representative of the Chamber of Commerce regarding various
civic and community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council,
Community Development Commission, and San Bernardino City Housing
Authority, be waived.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that the minutes of the following meetings of the
Mayor and Common Council, Community Development Commission, and San
Bernardino City Housing Authority of the City of San Bernardino be approved
as submitted in typewritten form: June 7, 2004; June 16, 2004; June 21,
2004.
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 McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that the personnel actions as submitted by the
Chief Examiner dated July 14, 2004, 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.
5 7/19/2004
8. Set public hearing - Monday, August 2, 2004, at 4:00 p.m. - City Hall
Council Chambers - consider adjusting or establishing various Parks,
Recreation, and Community Services fees, Cemetery fees, and Fire
Department Fees
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that the Mayor and Common Council set a
public hearing for Monday, August 2, 2004, at 4:00 p.m. in the City Hall
Council Chambers to consider a resolution adjusting or establishing various
Parks, Recreation and Community Services fees, Cemetery fees, and Fire
Department fees.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. ORD. MC-1174 — An Ordinance of the City of San Bernardino amending
Chapter 3.13 of the San Bernardino Municipal Code relating to waiver or
refund of fees for Charitable Organizations. FINAL READING (Continued
from July 6, 2004)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said ordinance be adopted.
Ordinance No. MC-1174 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
10. ORD. MC-1175 - An Ordinance amending Sections 15.04.080, 15.04.081,
15.16.070 and 15.57.030 of the San Bernardino Municipal Code waiving
certain City fees for the first reconstruction of commercial structures
voluntarily demolished after Code Compliance has issued a Notice of
Violation/Abatement. FINAL READING (Continued from July 6, 2004)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said ordinance be adopted.
Ordinance No. MC-1175 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
6 7/19/2004
11. 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 submitted.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, 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.
12. RES. 2004-228 - Resolution of the Mayor and Common Council of the City
of San Bernardino acknowledging the receipt and filing of the annual
Statement of Investment Policy for the period July 1, 2004 through June 30,
2005.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-228 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
13. Resolution of the City of San Bernardino declaring its intention to order the
vacation of portions of that certain east /west alley between Arrowhead
Avenue and Mountain View Avenue, south of 18`h Street and reserving
easements for certain public utilities therein (Plan No. 10020A).
Council Member/Commissioner McGinnis stated that he did not have a map of
the area; however, it appeared there were several complications relative to this
particular vacation; therefore, he suggested waiting a little longer before taking
any action.
City Attorney Penman advised that staff and the City Attorney's Office were
recommending that the proceedings be terminated due to community opposition
and the number of legal issues regarding this particular vacation.
Council Member/Commissioner Longville stated that vacation of these alleys
can be a good thing when the health and safety issues can be resolved and all the
neighbors are happy with the arrangement; unfortunately, that was not the case
with this vacation and it could not be done. However, she encouraged
7 7/19/2004
residents, especially those living between Highland and Baseline where there are
so many of these alleys, to please contact her and talk with their neighbors if
they have an alley they feel should be closed by the City.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Longville, that the Director of Development
Services and the City Clerk be authorized to terminate proceedings for the
proposed vacation of that certain east/west alley between Arrowhead Avenue
and Mountain View Avenue, south of 18' Street.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. RES. 2004-229 - 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 authorizing the
following: A) installation of three-way stop signs at the intersections of
Jasmine Street at Hyacinth Street, and Sheridan Road at Jasmine Street,
and B) declaring the following road segments as through highways: Aster
Street between Jasmine Street and Sheridan Road; Jasmine Street between
Aster Street and Sheridan Road; Sheridan Road between Aster Street and
Jasmine Street; and College Avenue at its intersection with Iris Street.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-229 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
15. Item deleted.
16. RES. 2004-230 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, authorizing the City of San Bernardino to
establish 2004-2005 expenditures for the additional month of August, 2004
only, at one -twelfth the proposed levels contained in the preliminary detail
budget for the 2004-2005 Fiscal Year, or as needed to pay the authorized
costs incurred for the additional month of .August, 2004 only, pending final
approval of the 2004-2005 budget.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
9 7/19/2004
Resolution No. 2004-230 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
17. ORD. MC-1176 - Ordinance of the City of San Bernardino amending
Chapter 15.25 of the San Bernardino Municipal Code to include the Multi-
family Rental Housing Fire Inspection Program. FINAL READING
(Continued from July 6, 2004)
City Attorney Penman advised that this was the final reading of this ordinance.
He noted that at the last meeting, however, some concerns were expressed about
the amounts of money being charged for complexes with fewer units —such as
the 4-unit, 5-unit, 6-unit complexes. He advised that staff had re -worked
Attachment C, which had been distributed to the Council/Commission members,
and staff would be proposing these new, lower figures in the resolution that will
actually establish the fees, if the ordinance is approved by the Mayor and
Council today. He went over the changes being proposed to lower the fees for
complexes composed of four units to thirteen units. He stated that for
complexes of 14 or more units the fees would remain as originally proposed.
The following individuals spoke in opposition to the proposed new
inspection program and corresponding fees:
Karen Fricke, Executive Director, Apartment Association, Greater Inland
Empire, 10630 Towncenter, Rancho Cucamonga, CA, which represents over
1200 rental members and managers. She stated that she also serves as a
Commissioner for the San Bernardino County Housing Authority, representing
over 3500 Section 8 tenants in the City of San Bernardino. Ms. Fricke stated
that she understands that the City needs some kind of inspection plan; however,
the proposed plan has many problems. She stated it will be very difficult for
owners/managers to work within the ordinance parameters, and the Association
believes the ordinance punishes the good owners and violates tenants' privacy
rights. She stated that the plan was also unnecessary because 25 percent of the
units within the City of San Bernardino are already inspected by the Housing
Authority. She requested that Council take the ordinance back to staff and allow
the rental owners to help staff develop a reasonable plan.
Louise Ceccarelli, 1474 W. Yardley Street, San Bernardino, CA, stated that
she was concerned with the notification process for this inspection, which
requires managers to notify the tenants, and in doing so sets them up for
possible litigation. She requested that the ordinance be pulled and staff re -work
the process for notification of the tenants.
Michelle Wahrer, Country Club Apartments, 160 E. Parkdale Drive, San
Bernardino, CA, stated they are one of the good complexes with no problems
9 7/19/2004
and good tenants; however, if this passes they will lose approximately half of
their tenants because many of them are senior citizens who are on fixed incomes
and will not be able to afford the increase in rent to cover these fees.
Jim Vassilakos, 1811 E. Pumalo Street, San Bernardino, CA, stated that he did
not understand the need for this program —that there has been no public outcry
to do this. He stated that he did not see how this program was going to improve
the City so much that it is worth the cost being imposed on a select group of
people.
Demetrios Vassilakos, 1811 E. Pumalo Street, San Bernardino, CA, stated that
this program is not needed because inspections do not prevent fires. He has
researched records covering the past 20 years and did not find any fires that
would have been prevented by the proposed inspections. In addition, landlords
will start losing tenants.
Jean Gazzolo, 2039 W. Elm Avenue, Anaheim, CA, apartment manager in the
City of San Bernardino, stated that the proposed inspection program is an
infringement of tenants' privacy and will be a cost that they will all have to
bear. He stated that he paid an inspection fee to the Fire Department during the
last six months, so they are collecting their inspector's fees.
Mario Navarro, 135 N. Date Avenue, Rialto, CA, stated that the areas where
the City wants to put this extra burden are not affluent areas —that his tenants
barely make ends meet; and that he would like the City to ask for more input
from the Landlord Association. He stated that the worst law is a law that gets
on the books and then, in hindsight, is changed.
Charles Crawford, Victoria Woods Apartments, 1095 Kendall Drive, San
Bernardino, CA, stated that he manages a 178-unit, senior community that is 33
percent Section 8. He stated that Section 8 has an annual inspection requirement
which is performed by caseworkers. He advised that they are an affordable
housing community which offer rents approximately $200 less than other rents
in the area; and they will not be able to pass on any increased costs because of
the rent restrictions they have to provide affordable housing for their residents.
He stated that they currently perform 100 percent unit inspections on an annual
basis; and 20 percent of the units are also inspected bi-annually by the
California Allocation Tax Credit Committee. He thought a viable alternative to
this proposal would be an educational program for landlords.
Peter Densmore, president of Cannon Management, 2700 Adams Street,
Riverside, CA, stated that they manage approximately 10,000 units in the Inland
Empire-1,000 of which are in the City of San Bernardino. He stated that
owners will not be able to pass these fees on to their tenants, and the City is
surrounded by many other competitive apartment markets which do not have
10 7/19/2004
such a fee. He stated that this is basically a tax on the property owners, and
urged the Council to talk to other jurisdictions where this type of a program has
been implemented.
Ken Horton, apartment owner, 163 E. Ralston, San Bernardino, CA, stated
that it will be very difficult for one property owner to coordinate these
inspections due to working/absent tenants, and he believed the ordinance was
probably a violation of tenants' privacy rights.
Marion Vassilakos, 2386 Denair Avenue, Highland, CA, stated that many
apartment owners have been meeting for years trying to comply with rental type
screening so they only get good tenants; and they have worked with the police
and County sheriff departments in this endeavor. Secondly, fire death and fire
injuries occur in all buildings —not only small or other apartment buildings —but
also private homes and private home rentals. She also questioned whether the
City was going to do anything about the many palm trees which have
contributed to several fires in the area.
Benton Lamson, Blue Star Properties and president of the Apartment
Association in the Inland Empire and San Bernardino District 1 Housing
Commission, 18175 Pier Drive, Victorville, CA, stated that they do not think
the program will work as it is being proposed. He asked that City staff work
with their organization to come up with a program that will work for all of the
rental units, not just those areas with really bad units. Mr. Lamson noted that
City Attorney Penman had given his opinion on the matter; however, their
specialists have given them a different opinion. Therefore, they will be telling
their owners that the program, as proposed, will create a liability for them, and
they should not deal with the noticing the way it is written, which will ultimately
result in a lawsuit. He stated that all owners would be very interested in
working with the committee and Fire Marshal Dupree on this; that they are very
interested in public safety, but there has to be a program that will work right
from the get -go.
Donald Stevens, 1789 N. Sierra Way, Sari Bernardino, CA, stated that his
tenants are Section 8, and Section 8 inspects all apartments annually for a
variety of different things.
Jan Devlin stated she could not support this ordinance because it is a duplication
of what the Gas Company does. In addition, she does not want to be liable for
any damage done by the inspectors, and if a tenant does not want the Fire
Department to come in, then they would need to obtain a warrant, as she will
not take this liability. However, if the Fire Department wants to deal with each
tenant, that would be fine.
11 7/19/2004
City Attorney Penman advised that his office had been contacted by Karen
Fricke of the Apartment Association of the Greater Inland Empire, and Deputy
City Attorney Empeno had invited her to send any points of authority, any legal
arguments, or any cases she might have that supported her position; however,
they received nothing. He stated that his office has looked at this situation
several times, and they don't see how it is going to create any more liability to
landlords by giving the notice. If they are responding to an ordinance, they are
performing an act that is required by law, and they are not going to be liable —if
the City is wrong, then the City may have some problems, but the landlords
would not.
He advised that his office has seen no case law regarding this matter; and
despite repeated requests for it, none has been sent to them. Irrespective of
that, staff sees this as a strategy on the part of the landlords to try to delay this
law from going into effect.
Mr. Penman stated that he had just spoken with the Fire Chief and the Fire
Marshal and had asked them how difficult it would be for the City to provide
the notices, just as it provides notices when warrants are issued. They informed
him that it would not be that much of a problem; however, it would be more
work and probably those landlords that are not going to cooperate and give the
notice will be charged by the City for the additional amount of time required
when the City sends City employees out to give notice to the tenants.
He stated that an amendment to the ordinance may be considered, if it is passed
today, that provides for City notification of the tenants if a landlord refuses.
However, staff sees this more as a strategic response to a strategic challenge to
the ordinance and does not believe that the Association's argument is correct.
He stated that his office has had the ordinance reviewed by other counsel, and
the only group whose lawyers seem to think that the City cannot require
owners/managers to give notices are the lawyers employed by the landlords who
don't want to have to give the notices.
He advised that irrespective of that, this is simply a legal maneuver to counter
their legal maneuver; and staff is willing to consider that one change. Other
than that, staff is prepared to proceed with the ordinance, and they see no need
to make any changes in it today. He invited the Landlord Association to
provide any legal authority, or some case law, or some statute that staff has
overlooked that indicates they can be held liable for giving that notice; and then
staff would be glad to proceed accordingly, but it need not delay implementation
of the ordinance.
Council Member/Commissioner Longville stated that she could see there was
still a lot of concern in the community regarding this matter, and that these
individuals would like to collaborate with the City. She stated that the Fire
Department and Code Compliance have made their case, which is why she voted
12 7/19/2004
on the first reading of the ordinance; however, she thought it was worthy to
spend a little more time to meet and collaborate on the matter. She added that it
should be very clear that everyone has supported the first reading —that all of the
Council members want to create these eight positions and feel that the program
has merit —but she thinks it is more important to get it right, and for that reason
she didn't want to move forward on it today.
Council Member/Commissioner McGinnis stated that he had over 23 years with
the telephone company and installing telephone lines in every type of business or
house imaginable. He could not stress enough that he has been in some
incredulous places, and every tenant tells him that the managers will not fix the
problems in their apartments —and he hears this over and over and over.
He said he has been in over 20,000 homes over the past 20+ years and he
would love to see the ordinance expanded to include single-family home rentals
because they are often in such bad shape. He agreed that there are some nice
apartments out there, but this ordinance is to ensure that people are going to be
living safely. He stated it will cost $2.75 per month for this service, and that is
not going to put anybody out of a house.
Mr. McGinnis reiterated that he hoped the program could be expanded to single-
family homes —that in the City of San Bernardino if you rent out your house you
must have a business license. He suggested that through these records the City
should find out how many rentals we have and start inspecting them also.
Council Member/Commissioner Kelley stated that this is about public safety and
saving lives —nothing more and nothing less. He encouraged his colleagues to
support this ordinance, stating that staff has given this a lot of thought, it is an
educational plan which is self -funding, and it will work and save lives.
Council Member/Commissioner Derry asked Fire Marshal Dupree to provide
information on what the City is doing relative to the palm trees and the danger
they represent, as mentioned by one of the speakers.
Fire Marshal Dupree stated that the Fire Department has been working with
Public Services in a program whereby the Fire Department identifies hazardous
palm trees which are on City right-of-way, contacts Public Services, and right
away Public Services personnel are either trimming the palms or cutting them
down. He added that for approximately the last four months, the Fire
Department, starting in the burned area, has been going lot to lot, both burned
and unburned properties, and requiring them to remove the dead and dying
vegetation. Also, the City is assisting homeowners with removal of palm trees
in an effort to remove as many of them as possible.
Council Member/Commissioner Derry stated that the City has been doing
inspections under State law; unfortunately, staff has been unable to get to all the
13 7/19/2004
apartments in the community because there are so many. He pointed out that it
is the average taxpayer who has been picking up the cost for these inspections,
and basically subsidizing the folks utilizing the services, which are the
apartment owners. He did not think it was fair that the single-family
homeowners in the city bear the burden of that; therefore, he supported this
program.
Council Member/Commissioner McCammack stated that she was not supporting
this item to fund eight positions, she was not supporting it to fund any positions,
she was supporting it because she feels that the Council has a responsibility to
its 16,000+ tenants in the city to ensure that they have a safe and healthy place
to live.
Council Member/Commissioner Johnson stated that he believed that a program
is necessary to address this situation; however, he was not opposed to talking
further with the realtors and their organizations so there could be a total "buy -
in" of everyone involved. He stated he would like to see a plan that was not
only fair to those sitting at the dais, but also to all the entities that are involved
so it becomes a win -win situation. Therefore, at this time he would be opposed
to approving this item in an effort to accomplish a "buy -in" from all involved
individuals.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said ordinance be adopted.
Ordinance No. MC-1176 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Kelley, McCammack.
Nays: Council Members/Commissioners Longville, Johnson. Absent: None.
18. RES. 2004-231 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to issue an annual
purchase order to Allstar Fire Equipment Inc. in the amount of $64,000 and
Special T Fire Equipment in the amount of $2,000 for replacement of
protective clothing and equipment for structural firefighting.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-231 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
14 7/19/2004
19. RES. 2004-232 - Resolution of the City of San Bernardino authorizing the
purchase of a Laserfiche Document Imaging System for the City Clerk's
Office.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-232 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
20. RES. 2004-233 - Resolution of the City of San Bernardino authorizing the
Mayor or her designee to execute an Agreement with the San Bernardino
City Unified School District to provide contractual services for before &
after -school recreation programs at school district sites.
Council Member/Commissioner Kelley stated that he would abstain because he
is employed by the school district. City Attorney Penman stated that he would
abstain because his wife is a member of the school board.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-233 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Johnson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Kelley. Absent: None.
21. RES. 2004-234 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute an
Agreement between the City of San Bernardino and Boys and Girls Club of
San Bernardino Inc. to provide community services at the Delmann Heights
Community Center.
Council Member/Commissioner Johnson abstained on this matter because he is a
member of the Boys and Girls Club Board.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-234 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Johnson. Absent: None.
15 7/19/2004
22. RES. 2004-235 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute an
Agreement between the City of San Bernardino and New Hope Missionary
Baptist Church to provide community services at the Westside Community
Service Center.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-235 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
23. RES. 2004-236 - A Resolution of the Mayor and Common Council of the
City of San Bernardino, successor to the South San Bernardino County
Water District, assessing properties within the previous district boundaries
in the amount of $11,975.00 for the Fiscal Year 2004/2005.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-236 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
24. RES. 2004-237 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a grant of easement to San Bernardino
Valley Municipal Water District for a pipeline on property located at 399
Chandler Place, San Bernardino (APN 0141-291-23 and 0141-311-06).
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-237 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
25. RES. 2004-238 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing a grant of easement to San Bernardino
Valley Municipal Water District for a well and pipeline on property located
at 399 Chandler Place, San Bernardino (.APN 0141-311-06 and 0141-311-
07).
16 7/19/2004
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted.
Resolution No. 2004-238 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
26. RES. 2004-242 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an Agreement with the City of San
Bernardino and Little League Baseball, Inc., Western Regional
Headquarters, for financial assistance from the Civic and Promotion Fund
for FY 2004/05.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted; that direct
funding in the amount of $5,000 from the FY 2004/05 Civic and Promotion
funding be approved; that indirect funding in the amount of $37,467 be
transferred from the FY 2004/05 Civic and Promotion fund to various City
departmental accounts as listed in the staff report dated July 7, 2004, from Fred
Wilson, City Administrator; and that a waiver of fees and use of city personnel
and equipment be authorized in the conduct of their 2004 tournament season.
The motion carried and Resolution No. 2004-242 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays, None. Absent: None.
27. Public hearing - establish fees and rates to be charged for the collection of
refuse, green wastes and recyclables - repeal Resolution No. 98-228 and
amendments thereto (Continued from July 0, 2004)
RES. 2004-239 - Resolution of the Mayor and Common Council of the City
of San Bernardino establishing the fees and rates to be charged for the
collection of refuse, green wastes and recyclables, and repealing Resolution
98-228, and amendments thereto.
The hearing remained open.
Lynn Merrill, Director of Public Services, advised that the last rate adjustment
was approximately six years ago in 1998. He stated that staff had made several
efforts to maintain their costs and improve their efficiency.
17 7/19/2004
Arlington Rogers, Solid Waste Manager, stated that at the time of the last rate
increase the department incorporated scheduling changes to decrease
significantly the amount of overtime occurring on the commercial routes, some
routing changes to facilitate more units picked up in less time, and a software
tracking system which has increased efficiency approximately 15 percent during
the pilot program.
He added that a new billing system had been incorporated to decrease man-
hours used to bill residents, and a new routing software system is going "live"
this year that will even more significantly decrease the amount of time spent on
the streets picking up residential routes.
Mr. Merrill advised that during the last six years landfill costs have increased as
well as fuel costs and some of the personnel costs outside the control of the
City. He stated that staff believes they have done a thorough analysis on the
costs and reviewed with the Council the current and proposed rates as outlined
in the staff report, noting that the proposed residential rate of $19.96 per month
is still lower than the cities of Fontana, Grand Terrace, Highland, and Yucaipa.
Council Member/Commissioner McGinnis stated that he thought the rate
increase is very minimal and he appreciated the fact that staff was working to
keep costs down.
No public comments were received.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2004--239 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None Absent: Council Member/
Commissioner McCammack.
28. Public hearing — vacation of a portion of Hazel Street - between "H" Street
and the I-215 Freeway
RES. 2004-240 - Resolution of the City of San Bernardino ordering the
vacation of a portion of Hazel Street, between "H" Street and the I-215
Freeway (Plan No. 10907) and reserving easements for certain public
utilities therein.
Mayor Pro Tem/Acting Chairman Estrada opened the hearing.
18 7/19/2004
James Funk, Director of Development Services, stated that staff knew of no
opposition to the proposed vacation and recommended approval.
No public comments were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; that the Findings of
Fact, as set forth in the staff report from the Director of Development Services,
dated June 30, 2004, as to why a portion of Hazel Street, between "H" Street
and the I-215 Freeway, is no longer necessary for public street purposes, be
adopted; and that said resolution be adopted.
The motion carried and Resolution No. 2004-240 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None Absent: Council Member/
Commissioner McCammack.
29. Public hearing - formation of Underground Utility District No. 31 - located
along portions of 13' Street, between Arrowhead Avenue and Sierra Way
RES. 2004-241 - Resolution of the City of San Bernardino creating
Underground Utility District No. 31 generally located along portions of 13°i
Street, between Arrowhead Avenue and Sierra Way, in the City of San
Bernardino.
Council Member/Commissioner Derry stated that his employer, Southern
California Edison, was involved in this project; therefore, he would abstain. He
left the Council Chambers and returned after the vote was taken.
Mayor Pro Tem/Acting Chairman Estrada opened the hearing.
No public comments were received.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing relative to the formation of
Underground Utility District No. 31, generally located along portions of 13'
Street, between Arrowhead Avenue and Sierra Way, be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2004-241 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.
19 7/19/2004
Note: The next three public hearings, Agenda Item Nos. 30, R31, and R32 are three
separate but interrelated public hearings on redevelopment plan amendments —
amendment to the Uptown Redevelopment Plan, amendment to the Central City North
Redevelopment Plan, and General Plan Amendment No. 04-02 and the Program EIR
required by these amendments. Since the items were considered by the
Council/Commission concurrently, the items are listed below as they appear on the
agenda, with all discussion relative to the three items following Item No. R32.
30. Public hearing - General Plan Amendment No. 04-02 - Uptown and Central
City North Redevelopment Project Area Plans - reinstatement of eminent
domain and other entitlement actions
Resolution of the City of San Bernardino adopting the Facts, Findings and
Statements of Overriding Consideration, certifying the Program
Environmental Impact Report, adopting the Mitigation Monitoring Plan for
the Reinstatement of Eminent Domain in the Uptown and Central City
North Redevelopment Project Area Plans and other entitlement actions,
certifying the Traffic Impact Analysis Report, and adopting General Plan
Amendment No. 04-02.
R31. Joint Public hearing - Uptown Redevelopment Project Area Plan
Amendment - Eminent Domain - Reinstatement of Eminent Domain
Resolution of the Community Development Commission of the City of San
Bernardino as a responsible agency under the California Environmental
Quality Act adopting a Statement of Overriding Considerations, and
making findings that a Final Program Environmental Impact Report, and
the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain
Powers in the redevelopment project areas of the Uptown Redevelopment
Project and the Central City North Redevelopment Project fully and
adequately address the potential environmental effects of the approval by
the Commission of such redevelopment plan amendments. (R31A)
Resolution of the Community Development Commission of the City of San
Bernardino making findings regarding conditions of blight in the
redevelopment project area of the Uptown Redevelopment Project,
approving the Section 33352 Report to the Mayor and Common Council on
the 2004 Eminent Domain Amendment to the Redevelopment Plan for the
Uptown Redevelopment Project and approving the 2004 Eminent Domain
Amendment to the Redevelopment Plan for the Uptown Redevelopment
Project. (R31B)
20 7/19/2004
Ordinance of the Mayor and Common Council of the City of San
Bernardino adopting the 2004 Eminent Domain Amendment to the
Redevelopment Plan for the Uptown Redevelopment Project. FIRST
READING (R31C)
R32. Joint Public hearing - Central City North Redevelopment Project Area Plan
- Amended and Restated Redevelopment Plan
Resolution of the Community Development Commission of the City of San
Bernardino as a responsible agency under the California Environmental
Quality Act adopting a Statement of Overriding Considerations, and
making findings that a Final Program Environmental Impact Report, and
the Mitigation Monitoring Plan for the Reinstatement of Eminent Domain
Powers in the redevelopment project areas of the Uptown Redevelopment
Project and the Central City North Redevelopment Project fully and
adequately address the potential environmental effects of the approval by
the Commission of such redevelopment plan amendments. (R32A)
Resolution of the Community Development Commission of the City of San
Bernardino making findings regarding conditions of blight in the
Redevelopment Project Area of the Central City North Redevelopment
Project, approving the Section 33352 Report to the Mayor and Common
Council on the 2004 Amended and Restated Redevelopment Plan for the
Central City North Redevelopment Project and approving the 2004
Amended and Restated Eminent Domain Amendment to the Redevelopment
Plan for the Central City North Redevelopment Project. (R32B)
An Ordinance of the Mayor and Common Council of the City of San
Bernardino adopting the 2004 Amended and Restated Redevelopment Plan
for the Central City North Redevelopment Project. FIRST READING
(R32C)
Council Member/Commissioner MCCammack stated that since she owns
property in the Uptown Redevelopment Area she would abstain on Agenda Item
Nos. 30 and R31, and to avoid the appearance of a conflict would abstain on
Agenda Item No. R32. She left the Council Chambers and returned following
the discussion.
Gary Van Osdel, Executive Director, Economic Development Agency, advised
that all three public hearings relate to redevelopment matters; and the
Community Development Commission and the Common Council would
consider a redevelopment plan amendment to reinstate condemnation powers for
the Central City North Redevelopment Project and a redevelopment plan
amendment to reinstate condemnation powers for the Uptown Redevelopment
21 7/19/2004
Project. He added that there was also a Project Environmental Impact Report
and General Plan Amendment which go along with these redevelopment plan
amendments. Mr. Van Osdel noted that required notices for the three public
hearings were sent to the appropriate property owners, businesses, and
residents.
Mayor Pro Tem/Acting Chairman Estrada inquired whether anyone else on the
Council/ Commission may have a conflict. All members present answered in
the negative.
Mayor Pro Tem/Acting Chairman Estrada opened the hearing for the Mayor and
Common Council to consider proposed General Plan Amendment No. 04-02 and
the Final Program EIR for the Uptown and Central City North Redevelopment
Project Amendments (Agenda Item No. 30).
Mayor Pro Tem/Acting Chairman Estrada opened the joint public hearing of the
Mayor and Common Council and the Community Development Commission to
consider the Amendment to the Redevelopment Plan for the Uptown
Redevelopment Project and an ordinance adopting the Amendment and related
matters and the Program EIR (Agenda Item No. R31).
Roll Call for the Common Council and the Community Development
Commission: Roll call was taken by City Clerk Clark with the following being
present: Mayor Pro Tem/Acting Chairman Estrada; Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson; Senior
Deputy City Attorney Empeiio, Economic Development Agency Special
Counsel Sabo and Executive Director Van Osdel, City Clerk Clark. Absent:
Council Member/ Commissioner McCammack.
Mayor Pro Tem/Acting Chairman Estrada opened the joint public hearing of the
Mayor and Common Council and the Community Development Commission to
consider the Amendment to the Redevelopment Plan for the Central City North
Redevelopment Project, an ordinance adopting the Amendment and related
matters (Agenda Item No. R32).
Roll Call: Mayor Pro Tem/Acting Chairman Estrada noted that the roll call
was the same for this joint public hearing (Agenda Item No. R32) as the roll call
taken for the previously opened joint public hearing (Agenda Item No. R31).
Mr. Van Osdel reiterated that there were three public hearings, and a Program
Environmental Impact Report (Program EIR) had been prepared which covers
each of the hearings. He advised that except for potential acquisition of land in
the Uptown Project Subarea B for the Mercado Santa Fe Project, the
Redevelopment Agency has no plans and is not aware of any potential or
22 7/19/2004
specific redevelopment activities where private property may be acquired with
Redevelopment Agency assistance.
Mr. Van Osdel advised that the Program EIR considers the potential
environmental effects of proposed General Plan Amendment No. 04-02, and is
the first public hearing. The General Plan Amendment affects the area between
the 215 Freeway on the east, "K" Street on the west, Second Street on the
south, and Third Street on the north —an area of approximately 20 acres which
is inside the Uptown Redevelopment Project.
He stated that the second public hearing relates to the Uptown Redevelopment
Project and the reinstatement of the eminent domain powers of the
Redevelopment Agency in the Uptown Project for the next 12 years.
The third pubic hearing relates to the reinstatement of the eminent domain
powers of the Redevelopment Agency in the Central City North Redevelopment
Project for the next (9) years.
Mayor Pro Tem/Acting Chairman Estrada invited anyone wishing to speak
relative to these public hearings to complete a speaker card with their name,
address, and the public hearing they wished to speak on. She asked anyone who
thought they were going to speak during the hearings to stand so the City Clerk
could administer the oath to them that they would provide true and honest
testimony; and invited anyone with a written statement relative to the public
hearings to submit said statement to the City Clerk.
Valerie Ross, Deputy Director/City Planner, Development Services
Department, indicated that a number of maps were posted at the front of the
Council Chambers showing the Uptown and Central City North Redevelopment
Project boundaries. There was also a large map depicting the area affected by
General Plan Amendment No. 04-02, as well as a site plan and some conceptual
drawings showing the Mercado Santa Fe project.
Ms. Ross provided a detailed overview of the staff report dated June 30, 2004,
from James Funk, Director of Development Services, including information on
the Program Environmental Impact Report and the Traffic Impact Analysis
Report.
She advised that staff had received questions regarding the status of existing
single-family homes that are located in the Amendment area, and she wanted to
note that the Development Code has a provision that states, "Single-family units
which legally existed in the Industrial land use district prior to June 3, 1991,
may remain as a permitted use." She stated that this same provision is in the
Development Code for single-family units located within Commercial districts.
She explained that what this means is that these units are not considered non-
23 7/19/2004
conforming, and changing the land use from Light Industrial to the General
Commercial means the single-family units can continue.
Ms. Ross concluded, stating that City staff recommends that the Mayor and
Common Council adopt the resolution; and the resolution will adopt the Facts,
Findings, and Statement of Overriding Considerations, it will certify the Final
Program Environmental Impact Report, it will adopt the Mitigation Monitoring
Plan, it will certify the Traffic Impact Analysis Report, and it will adopt
General Plan Amendment No. 04-02.
Gary Van Osdel, Executive Director, Economic Development Agency, provided
the staff presentation for the Uptown Redevelopment Plan Amendment and the
Central City North Redevelopment Plan Amendment.
He advised that the Uptown Plan Amendment had its own black 3-ring binder
titled, Uptown Redevelopment Project Area Plan Amendment, Reinstate Eminent
Domain, which contained all documents relevant to the hearings.
He also noted that the Central City North Plan Amendment had its own black 3-
ring binder titled, Central City North Redevelopment Project Area Amended and
Restated Plan, Reinstate Eminent Domain, which contained all documents
relevant to the hearings.
He advised that four key segments of each binder included the written staff
report, a summary of the background and reasons for the Amendment, a
summary of notices and mailing dates issued by the Agency, and a summary of
the Project Area Committee Process. In addition, each binder also contained
maps of the project areas, certifications of mailings, and draft resolutions for
adoption.
Finally, each binder included the Section 33352 Report, probably the most
critical report to both of the hearings.
Don Gee of Rosenow Spevacek Group, Inc., provided a summary of the
Agency's Section 33352 Report to the Mayor and Common Council for both the
Uptown and Central City North Project Amendments. He concluded his report
by stating that although the Agency has made great progress in addressing blight
in a number of projects in these project areas, there still remains a number of
blighted conditions in both project areas which justifies the use of all tools to
address blight, including the use of eminent domain.
The following documents were accepted as evidence and as part of the official
record for the Uptown Redevelopment Plan Amendment:
24 7/19/2004
• the affidavit of The Sun newspaper regarding the publication of the notice of
joint public hearing for the Uptown Redevelopment Plan Amendment
(Exhibit 2-1);
• the affidavit of Michael Trout of mailing of notice of joint public hearing to
property owners and to occupants for the joint public hearing for the Uptown
Redevelopment Plan Amendment (Exhibit 2-2);
• the black 3-ring binder of documents for the Uptown Redevelopment Plan
Amendment which contains documents identified under each of the 12 tabs
in the index, including the text of the Staff Report at Tab No. 1, the Section
33352 Report at Tab No. 3 and the text of the Redevelopment Plan
Amendment at Tab No. 4 (Exhibit 2-3);
• the CD ROM identified by the expert witness and redevelopment consultant
to the Agency, Mr. Don Gee, containing the property condition survey data
for the Uptown Redevelopment Project Area on which the Section 33352
Report is based (Exhibit 2-4).
The following documents were accepted as evidence and as part of the official
record for the Central City North Redevelopment Plan Amendment:
the affidavit of The Sun newspaper regarding the publication of the notice of
joint public hearing for the Central City North Redevelopment Plan
Amendment (Exhibit 3-1);
• the affidavit of Michael Trout of mailing of notice of joint public hearing to
property owners and to occupants for the joint public hearing for the Central
City North Redevelopment Plan Amendment (Exhibit 3-2);
• the black 3-ring binder of documents for the Central City North
Redevelopment Plan Amendment which contains documents identified under
each of the 12 tabs in the index, including the text of the Staff Report at Tab
No. 1, the Section 33352 Report at Tab No. 3 and the text of the
Redevelopment Plan Amendment at Tab No. 4 (Exhibit 3-3);
• the CD ROM identified by the expert witness and redevelopment consultant
to the Agency, Mr. Don Gee, containing the property condition survey data
for the Central City North Redevelopment Project Area on which the Section
33352 Report is based (Exhibit 3-4).
City Clerk Clark advised that no written objections had been submitted
regarding the Uptown Redevelopment Plan Amendment. (**See note
below.)
25 7/19/2004
City Clerk Clark advised that three letters had been submitted in opposition
to the Central City North Redevelopment Plan Amendment, and that copies
had been distributed to the Council/Commission members, as follows:
Letter dated July 17, 2004, from Paul Adams, 1156 North F Street, San
Bernardino, CA 92410; (**See note below.)
Letter dated July 17, 2004, from Deanna H.P. Adams, Ph.D., 1156 North F
Street, San Bernardino, CA 92410; (**See note below.)
Letter dated July 18, 2004, from Ghassan Norman Abdullah and family, 1129
North F Street, San Bernardino, CA 92410.
(**Note: Although the letters from Paul Adams and Deanna Adams indicated
they were opposed to the Central City North Redevelopment Plan Amendment,
the address of the Victory Chapel at 1156 North F Street, which is mentioned in
Ms. Adams' letter, is actually in the Uptown Redevelopment Plan Amendment
area.)
Mr. Van Osdel advised that the process for these public hearings related to the
Uptown and Central City North Redevelopment Projects was started over two
(2) years ago by the City and the Redevelopment Agency. Since that time staff
has sent numerous notices by mail to property owners, residents, and businesses
in both project areas; and notices of public meetings have been published several
times in the newspaper. He noted that last year property owners and residents
and business representatives held elections for the selection of Project Area
Committee Members for the Uptown Redevelopment Project; and in 2004 a
Project Area Committee for Central City North was formed.
Public Testimony: The following individuals spoke in opposition to the
Central City North Redevelopment Plan Amendment and the reinstatement
of eminent domain:
Deanna Adams, Ph.D., 1156 North F Street, San Bernardino, CA, who read
the letter she submitted into the record; (**See note below.)
Ghassan Abdullah, 1129 North F Street, San Bernardino, CA, who read the
letter he submitted into the record, in which he objected "to the reinstatement of
eminent domain for the Central City North Redevelopment Project and the
`Combined project EIR'"
Reverend Paul Adams, 1156 North F Street, San Bernardino, CA, who read
the letter he submitted into the record. (**See note below.)
Abdel R. Esmat, 762 West 7' Street, San Bernardino, CA, spoke regarding his
home, his life, and his dreams; stating that people do not have enough
information about the project.
26 7/19/2004
Jason DesJardins, 274 North I Street, San Bernardino, CA, stated he owns
property in the area and questioned how soon these changes were going to take
place. He stated he was not for or against the project, but questioned what was
planned for the homeowners and property owners in the area.
("Note: Deanna Adams and Rev. Paul Adams indicated they were opposed to
the Central City North Plan Amendment; however, the Victory Chapel, which
was mentioned in Ms. Adams' letter and used as the address on both speaker
slips, is actually located in the Uptown Area.)
Public Testimony: The following individuals spoke in opposition to the
Uptown Redevelopment Plan Amendment and the reinstatement of eminent
domain:
James Oronoz, 1212 West 2"d Street, San Bernardino, CA, stated he was
opposed to the eminent domain, and that he represents about 25 small business
tenants in the El Tigre Market shopping center and owns a business next door to
the property. He asked that staff reconsider the plans they have for that
property.
Dean Mach, 1224 West 2nd Street, San Bernardino, CA, stated that he leases his
property from Mr. Oronoz and expressed concern about what will happen to the
property, so that he knows what will happen to him.
Guillemo Corona, 239 North J Street, San Bernardino, CA, stated that he rents
this property and he does not know whether it has to do with the redevelopment
or not, but now that it is going to be zoned commercial it seems that the
conditions in the area are being neglected, such as upkeep of the trees and
streets.
Shade Awad, 685 West Baseline, Suite ABC, San Bernardino, CA, stated that
his family has owned a market at this location for 14 years. He stated that it
took 9 years to pay for the business and success has come during the past 5
years —that last year they were recognized by the State of California as a
supermarket with annual sales of over $2 million. He expressed concern about
what would happen to their customers and to their business, questioned what
eminent domain means, and what the time frame might be.
Hope Durbin, 16007 Merrill Avenue, #14B, Fontana, CA, stated she and her
husband own property at 213-219 North J Street in San Bernardino —in the
proposed Mercado area. She stated that as an owner she was not notified and
questioned what is going on —that information on the City/Agency website is
unclear and it appears nobody is being honest. She stated that this is an
investment for them, and they had an offer on their property just this weekend,
27 7/19/2004
but wondered whether they could in good conscience accept an offer while
knowing that the property is now going to be under an area of eminent domain.
She stated that their main concern is that everyone is treated fairly and that they
have a time frame on things.
Martha Reyes, 244 North J Street, San Bernardino, CA, stated that she was a
first-time home buyer and has lived at said address for over two years. She
expressed concern about getting her investment plus equity out of the house, and
questioned the time frame for things to start happening.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, suggested that the
City/Agency be truthful with people about the nasty wastewater plumes which
are contaminated and working through the city. He stated that the easiest way
to clean the water is to aerate it, and since the public cannot be exposed to the
hazards of cleanup, it becomes necessary to move the people out. He suggested
that honesty is the best policy.
Two individuals submitted speaker slips expressing opposition; however,
they were not available to speak:
Keith Rhodes, 10929 Desert Sand, Riverside, CA, who was concerned with
property located at 1030 West 3rd Street;
Carol Calvin, 1156 North F Street, San Bernardino, CA.
Mr. Van Osdel stated that in light of the fact that staff has a responsibility to
respond to all the comments, he would suggest that the hearings be closed, but
that all pending items be continued to August 16, 2004, in order to give staff the
opportunity to prepare said responses. Mayor Pro Tem/Acting Chairman
Estrada agreed with this suggestion.
Mayor Pro Tem/Acting Chairman Estrada stated that one of the things that has
come out very vividly is that the people are not familiar with the whole process,
and the process of including eminent domain and what that really means. She
stated that she believes that once work begins on a project and the residents and
property owners are educated on the process and what it entails, in many cases
the people come out very satisfied.
She explained that exercising the power of eminent domain basically guarantees
the property owner that they will get fair market value for their property, and
the City can't go taking property just for the taking. She stated that if the power
of eminent domain is used, you basically end up with the judge in the courts,
making an independent determination of the worth of the property.
28 7/19/2004
Ms. Estrada stated that what is being done is that the City/Agency is putting
back in place the authority of eminent domain, but eminent domain doesn't get
used on every property, and when it is used, it guarantees the property owner
that he will be treated equitably.
Council Member/Commissioner Longville stated she would like to address those
people in the Uptown A Project Area —the old Uptown Project Area —Highland
to 9`h Street between the 215 Freeway and Waterman Avenue. She stated that in
that project area the City/Agency had eminent domain until June 1998, and is
proposing to reinstate eminent domain exactly as it existed in 1998 when the
City/Agency lost it.
She advised that since that time, the City has not seen much economic activity
take place along the Highland, Baseline, and E Street corridors for one very
simple reason —most of the individual parcels, which are individually owned,
are not of an adequate size to redevelop. She noted that they have been vacant
for more than a year, they don't have adequate parking, they don't meet current
codes, and they sit there vacant. She stated that in order to see some new uses
along these vacant, boarded -up corridors, the City has got to have the ability to
assemble properties.
Ms. Longville advised that if anyone owns a viable business on Baseline or
Highland or E Street, the last thing the City is thinking of is moving those
businesses out. That is not the purpose of the eminent domain action in the
Uptown Project Area. The area is going to remain commercial corridors,
surrounded by residential, the way it always has been. However, a quarter of
all those individual lots are vacant, many are boarded up, and it's impossible to
get developers to come in without being able to realign some of these properties.
She stated that she also wanted to assure the churches that the City is sensitive to
impacting churches and congregations. She stated that although one side of F
Street below Baseline is in this area, which should be of some concern, Victory
Outreach is an enormous asset to the community.
Regarding Agenda Item No. 30, Council Member/Commissioner Longville
made a motion, seconded by Council Member/Commissioner Kelley, that the
public hearing be closed; and that the matter be continued to the Council/
Commission meeting of August 16, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
29 7/19/2004
Regarding Agenda Item No. R31, Council Member/Commissioner Longville
made a motion, seconded by Council Member/Commissioner Kelley, that the
hearing be closed; that written/oral objections to the 2004 Eminent Domain
Amendment be considered; and that written findings be prepared in response
thereto as applicable and be presented at the Council/Commission meeting of
August 16, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
Regarding Agenda Item No. R32, Council Member/Commissioner Longville
made a motion, seconded by Council Member/Commissioner Kelley, that the
hearing be closed; that written/oral objections to the 2004 Amended and
Restated Redevelopment Plan for the Central City North Development Project
be considered; and that written findings be prepared in response thereto as
applicable and be presented at the Council/Commission meeting of August 16,
2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor Pro Tem/Acting Chairman Estrada; Council Members/
Commissioners Estrada, Longville, McGinnis, Derrv, Kelley, Johnson, McCammack;
City Attorney Penman, Economic Development Agency Special Counsel Sabo and
Executive Director Van Osdel, City Clerk Clark. Absent: Mayor Valles.
R33. Termination Agreement between Agency and Neighborhood Housing
Services (NHS) & Assumption and Loan Agreement between Agency and
Frazee Community Center (Continued from July 6, 2004)
RES. CDC/2004-21 - A Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Agency to execute the Termination Agreement to
the 2001 HOME Program Community Housing Development Organization
(CHDO) Loan Agreement by and between Neighborhood Housing Services
of the Inland Empire, Inc. (NHS) and the Redevelopment Agency of the
City of San Bernardino (Agency). (R33A)
30 7/19/2004
RES. CDC/2004-22 - A Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Executive Director of the Agency to execute the (1) HOME Assumption
Agreement by and between NHS, Frazee Community Center, Inc. (Frazee)
and the Agency; and (2) the 2004 HOME Program CHDO Loan Agreement
by and between Frazee and the Agency. (R33B)
Council Member/Commissioner McCammack stated that Neighborhood Housing
Services is a business client; therefore, she would abstain on this item. She left
the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Longville, that said resolutions A and B, be adopted.
Resolution Nos. CDC/2004-21 and CDC/2004-22 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Kelley, Johnson. Nays None. Abstentions: Council
Member/Commissioner McCammack. Absent: None.
R34. RES. CDC/2004-23 - A 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 Redevelopment Project Study
Agreement and Redevelopment Assistance with Mill Street Development
LLC ("Developer") - Central City South Redevelopment Project Area.
(Continued from July 6, 2004)
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. CDC/2004-23 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
R35. RES. CDC/2004-24 - A Resolution of the Community Development
Commission of the City of San Bernardino (1) consenting to and approving
the assignment of the BP California 2002 Property Owner Redevelopment
Agreement to ECOM Summit, LLC, a Delaware Corporation and (2)
amending and reinstating said 2002 Property Owner Redevelopment
Agreement of the Redevelopment Agency of the City of San Bernardino and
authorizing the Executive Director of the Redevelopment Agency of the City
of San Bernardino to execute said Agreement (northeast corner of
Waterman Avenue and Vanderbilt Way - Tri-City Redevelopment Project
Area).
31 7/19/2004
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2004-24 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
R36. Transfer title of property owned by the Redevelopment Agency located at
247 West Third Street to the City of San Bernardino
City Attorney Penman advised that a modified version of Motion #1 had been
distributed to the Council/Commission as a replacement for the motion
recommended in the agenda.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Community Development
Commission of the City of San Bernardino authorize the Chairperson of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute a
deed to transfer the property located at 247 West Third Street (APN 1986-01-
03) to the City of San Bernardino, and to direct said chairperson to perform all
duties necessary to effect such transfer.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that the Mayor and Common Council
of the City of San Bernardino authorize the acceptance of title to the property
located at 247 West Third Street (APN 1986-01-03) from the Redevelopment
Agency of the City of San Bernardino, and authorize the Mayor to take any and
all actions as may be necessary to effect such acceptance.
The motions carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
37. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the San Bernardino City Professional Firefighters
Welfare Benefit Plan authorizing payroll deductions by the City of San
Bernardino for participating members. (Continued from July 6, 2004)
Note: No backup materials were submitted for this item.
City Attorney Penman advised that the ordinance had not yet been finalized and
the matter needed to be continued to the next regular meeting.
32 7/19/2004
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Longville, that the matter be continued to the
Council/Commission meeting of August 2, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
38. Dinner workshop — Capital Improvement Program (CIP) Presentation —
EDA Boardroom
James Funk, Director of Development Services, explained that the five-year
Capital Improvement Program (CIP) is a plan to construct the proposed capital
improvement projects, with their estimated costs and sources of funding. He
noted that the proposed CIP budget for FY 2004/2005 is $35,527,400 compared
to the FY 2003/2004 budget of $44,871,951. He noted that a significant portion
of this reduction is because more CIP projects were completed in FY
2003/2004, causing a reduction in the total amount of funds which needed to be
carried over into FY 2004/2005.
Mr. Funk stated that the CIP is divided into six categories —General Buildings;
Streets and Street Lighting; Sewer; Storm Drains; Traffic Controls, and Parks
and Recreation.
The following individuals reviewed highlights of their portion of the proposed
CIP and answered questions regarding same:
• James Sharer, Director of Facilities Management, provided information
regarding the General Buildings, where the largest project is the
Verdemont Fire Station;
• Mark Lancaster, City Engineer, and Mike Grubbs, Field Engineer,
provided information on the Mt. Vernon bridge and Measure I, the 1/2-cent
Sales and Road Tax Fund that provides funding for several City projects,
which was approved in 1987 for a 20-year period and will expire in 2008;
and
• Lynn Merrill, Director of Public Services, and Xavier Leon, Street
Superintendent, provided a Powerpoint Capital Improvement Streets
Presentation.
Due to time limitations, it was the consensus of those present to continue the
CIP presentation to a dinner workshop in the EDA Boardroom at the
Council/Commission meeting of August 2, 2004.
33 7/19/2004
39. Public hearing - approve Development Code Amendment No. 03-05;
Tentative Tract Map No. 16757; and Development Permit III No. 03-52 -
construct 54 detached single-family condominium units (Continued from
July 6, 2004)
An Ordinance of the City of San Bernardino modifying Chapter 19.04
(Residential Districts) of the San Bernardino Municipal Code (Development
Code) related to planned residential development requirements. FIRST
READING
Note: The ordinance was not distributed with the backup materials.
Mayor Pro Tem/Acting Chairman Estrada opened the hearing.
City Planner Valerie Ross explained that this was a request to amend the
Development Code provisions for Planned Residential Development to allow 15
percent open space in lieu of the 30 percent open space if detached single-family
homes are built, instead of apartments or multi -family units that would be
permitted by the underlying zoning.
She stated that the accompanying tentative tract is to create a one -lot
condominium project to accommodate the development of 54 single-family
homes, which are included in the development plan application. She advised
that this development code amendment would apply citywide, but only in the
RU, Residential Urban, land use districts, which permits up to 8 units per acre.
She stated that this project has a density of just under 6 units per acre.
Ms. Ross stated that staff believes that this amendment provides an incentive to
developers to build a detached single-family product instead of an apartment
project. She added that if this project is successful, which staff believes it will
be, staff would like to see this applied city-wide on all multi -family
designations.
She stated that this amendment also provides an opportunity for a different type
of product —something for people who may want to live in a detached single-
family home, but don't want to take care of the typical yard that you have in a
typical subdivision. However, in this particular project they have amenities that
are not found in your typical subdivision either, such as the clubhouse, pool,
and tot lot.
Ms. Ross advised that the project is a little over nine acres, triangular in shape,
and located at the southeast corner of Meridian and Rialto Avenues. The
proposed homes would range from 1862 square feet up to almost 2700 square
34 7/19/2004
feet, with all of the homes meeting the underlying requirements for setback and
distance between structures.
She advised that staff prepared an initial study to address potential impacts from
all three applications; and the potential impacts are related to the actual
development itself, similar to almost any other project that comes into the City.
She advised that there are mitigation measures to address air quality and noise
related to construction, hydrology or drainage, and traffic from the ongoing
activities.
She concluded by stating that staff recommends that the Mayor and Council
approve Development Code Amendment No. 03-05, approve Tentative Tract
No. 16757, and also approve Development Permit Type III No. 03-52.
No public comments were received.
City Attorney Penman advised that the ordinance had not yet been finalized;
therefore, the matter needed to be continued to the next regular meeting.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of August 2, 2004,
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
40. Public Comments
Mark Westwood, 1001 E. Highland Avenue, San Bernardino, CA, market
manager for the San Bernardino Farmers Market, stated that the market just
celebrated its first anniversary. He stated that the vendors are happy with the
venue, complimented the police on their participation, and noted that it has
helped to overcome the image of San Bernardino as being unsafe.
John Stevens, 4097 Pershing Avenue, San Bernardino, CA, spoke regarding
biological warfare and gave each Council Member and official at the dais a CD
ROM titled Saddam's Biological Warfare Agents, stating that these agents were
given to Saddam Huessin by the United States.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the
drug war and his book titled, Drug War Economics - Machine Behind the
Madness.
35 7/19/2004
41. Adjournment
At 8:31 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, August 2, 2004, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 41
No. of Hours: 7
RACHEL G. CLARK
City Clerk
By: )
Linda E. Hartzel
Deputy City Clerk
36 7/19/2004