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HomeMy WebLinkAbout06-07-2004 MinutesMiN1JTF.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 JUNE 7, 2004 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and the San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor Pro Tem/Acting Chairman McCammack at 1:36 p.m., Monday, June 7, 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 McCammack; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor/Chairman Valles. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Ruby Howard v. City of San Bernardino, Redevelopment Agency of the City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 95713; California Bio-Mass, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 083473; The People of the State of California v. Highland Delmann Heights Quality Water Supply Authority - San Bernardino Superior Court Case No, SCVSS 104542; City of San Bernardino, a Municipal Corporation and the Economic Development Agency for the City of San Bernardino v. Valerie Pope- 1 06/07/2004 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, All Steward, Inc., Steward & Associates, et al. - San Bernardino Superior Court Case No. SCVSS 108965; Jorge Fernandez v. City of San Bernardino, et al. - United States District Court Case No. CV 03-09408 AHM (AJWx). 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. 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. 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 owners; and Gerry Newcombe, Deputy Administrative Officer, on behalf of the County of San Bernardino Under Negotiation: Purchase price, terms and conditions 2. Property: That parcel consisting of approximately 67.75 acres identified ac Parcel 1-2 at the San Bernardino International Airport, and generally bounded by Harry Sheppard Blvd., Del Rosa Drive, Paul Villasenor Blvd.. and Memorial Drive. 2 06/07/2004 Negotiating Parties: Don Rogers on behalf of the Inland Valley Development Agency; David Newsom on behalf of Hillwood/San Bernardino LLC.; Bruce Varner on behalf of Stater Bros. Markets; James F. Penman on behalf of the City of San Bernardino. Under Negotiation: Terms and conditions 3. Property: 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 the San Bernardino City Housing Authority and Sandra Merle and Brian Arthur Swartz, Property Owners Under Negotiation: Purchase price, terms and conditions 4. Proper : APN 0154-125-12, 0154-125-13 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and the San Bernardino City Housing Authority and Robert F. Buesching, Property Owner Under Negotiation: Purchase price, terms and conditions 5. Property: 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; 0261-461-01 through 66 N/S Frontage Road, 1,OOOf feet w/o North Little League Drive Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, Property Owner and Century Crowell Communities, LP, Purchaser Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following additional cases would be discussed in closed session: People of the State of California v. Manta Investment Corporation and Manta Investment Corporation v. City of San Bernardino - Superior Court Case No. SCV 18157;and 3 06/07/2004 City Clerk Clark announced that during closed session a motion was made by Council Member/Commissioner Kelley, seconded by Council Member/ Commissioner McCammack, and unanimously approved, to go forward with the appeal process and put a cap of $50,000 on said appeal in the case of People of the State of California v. Manta Investment Corporation and Manta Investment Corporation v. City of San Bernardino. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and the San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Pastor Keith Tolbert of Faith Temple Church, followed by the pledge of allegiance, led by Patty Escamilla, a graduating student from Anderson Elementary School. Moment of Silence Mayor Pro Tem/Acting Chairman McCammack extended condolences to the families and requested a moment of silence in memory of Annie Niemeyer who served on the City's Civil Service Commission for nearly ten years; Joe Whittle who worked in the Facilities Management Department as a Custodial Supervisor from 1974 to 1990; and former President Ronald Reagan who served two terms as Governor of California and was President of the United States for eight years. 2. Appointments There were no commission appointments. 3. Presentations Lloyd Roberts, President of the North End Neighborhood Association (NENA), presented a check for $2,000 to the San Bernardino City Library Foundation. June McDade, President of the Foundation, and Ophelia Roop, Library Director, accepted the donation. 4. Announcements Announcements were made by members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 4 06/07/2004 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Estrada 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, and the 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. Claims & Payroll Council Member/Commissioner Estrada 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 June 1, 2004, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the personnel actions as submitted by the Chief Examiner dated May 27, 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. 8. RES. 2004-138 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute a Master Services Memorandum of Understanding with the Water Department for provision of City services for Fiscal Year 2004/2005. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-138 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCarnmack. Nays: None. Absent: None. 5 06/07/2004 9. RES. 2004-139 - Resolution of the Mayor and Common Council of the City of San Bernardino waiving the 60-day notification requirements imposed by California Government Code Section 25351(c) for the County of San Bernardino to purchase the building located at 303 West Third Street, San Bernardino, California. City Attorney Penman stated that he would be abstaining because he has received campaign contributions from Martin Matich, one of the partners in this matter. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-139 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2004-140 - 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 installation of a two-way stop at the intersection of San Carlo Avenue and Mesa Street. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-140 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2004-141 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 16278 located on the north side of Kendall Drive between Deerfield Street and Wagon Wheel Road, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-141 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6 06/07/2004 12. Authorization to proceed - formation of a Landscape Maintenance Assessment District - Northpark Boulevard and Campus Parkway area - Tentative Tract No. 16509 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Director of Development Services and the City Clerk be authorized to proceed under San Bernardino Municipal Code Section 12.90, with the establishment of a Landscape Maintenance Assessment District in the Northpark Boulevard and Campus Parkway area (Tentative Tract No. 16509), to be known as Assessment District No. 1036. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 13. RES. 2004-142 - Resolution of the City of San Bernardino approving Amendment No. 1 to the Five -Year Capital Improvement Programs (FY's 2001- 2006 & 2002-2007) for Measure "I" Local Expenditures. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-142 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2004-143 - Resolution of the Mayor and Common Council of the City of San Bernardino appointing specific directors to the Big Independent Cities Excess Pool (BICEP) Joint Powers Authority. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-143 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2004-144 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the adoption of the Public Agency Retirement System (PARS) Separation Incentive Program (SIP) and appoint the Mayor or his/her designee as the Plan Administrator. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 7 06/07/2004 Resolution No. 2004-144 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2004-145 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an annual purchase order in the amount of $28,605 to Waterline Technologies for swimming pool chemicals (chlorine and acid). Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-145 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2004-146 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of an application by the Director of Parks, Recreation and Community Services Department and authorizing the execution of an agreement with the California Department of Education to furnish food service for the Summer Food Service Program for Youth through the San Bernardino Unified School District. Council Member/Commissioner Kelley abstained due to the fact that he is employed by the San Bernardino City Unified School District. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-146 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. 18. RES. 2004-147 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to execute Amendment No. 2 of Contract No. 02-658 with the County of San Bernardino Pre-school Services Department and authorizing the Director of Parks, Recreation and Community Services Department to administer federal grants to continue the Head Start/Preschool Program at Dehnann Heights Community Center for FY 2004-2005 beginning July 1, 2004 through June 30, 2005. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 8 06/07/2004 Resolution No. 2004-147 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2004-148 - 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 the County of San Bernardino Probation Department for shared use of the recreation facilities at the former Norton Air Force Base for the period of July 1, 2004 through June 30, 2005. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-148 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2004-149 - Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute a Services Agreement with the San Bernardino City Unified School District for the operation of the school crossing guards program by the Police Department. Council Member/Commissioner Kelley abstained due to the fact that he is employed by the San Bernardino City Unified School District and City Attorney Penman abstained because his wife is a member of the School Board. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-149 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. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Memorandum of Understanding between the Rialto Unified School District and the City of San Bernardino for a School Resource Officer at Rialto High School. Note: The resolution was not included in the backup material. Staff indicated that this item was not ready and requested it be continued to the next meeting. 9 06/07/2004 22. 23 24 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of 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. Item deleted. Set public hearing - June 21, 2004, at 4:00 p.m. in the Council Chambers to consider refuse rate adjustments Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that a public hearing be set for Monday, June 21, 2004, at 4:00 p.m. in the Council Chambers to consider Public Services Refuse rate adjustments. The motion carried by the following vote Estrada, Longville, McGinnis, Derry, None. Absent: None. Item deleted. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: 25. RES. 2004-150 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of 2004/2005 Used Oil Recycling Block Grant application for grant funds from the California Integrated Waste Management Board. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2004-150 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2004-151 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of the funding request form to the Department of Conservation, Division of Recycling for California Beverage Container Recycling and Litter Reduction activities. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 10 06/07/2004 Resolution No. 2004-151 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Public hearing - Community Facilities District No. 1033 Resolution of the Mayor and Common Council of the City of San Bernardino declaring and establishing the formation of a Community Facilities District, authorizing submittal of levy of special taxes to the qualified electors, making certain preliminary findings and overruling protests (CFD No. 1033). Note: No backup material was distributed. Mayor Pro Tem/Acting Chairman McCammack opened the hearing. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, that the hearing be continued to the Council/Commission meeting of June 21, 2004, at 4:00 p.m. in the Council Chambers of City Hall. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Keller, Johnson, McCammack. Nays: None. Absent: None. 28. 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 material was distributed. Council Member/Commissioner Estrada 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, Keller, Johnson, McCammack. Nays: None. Absent: None. 11 06/07/2004 29. 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. FIRST READING Note: The ordinance was not included in the backup material. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of June 21, 2004 and referred back to LRC. The motion carried by the following vote: Estrada, Longville, McGinnis, Derry, None. Absent: None. Ayes: Council Members/Commissioners Kelley, Johnson, McCammack. Nays: COMMUNITY DEVELOPMENT COMMISSION Staff Present Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Tent/Acting Chairman McCammack; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel, Absent: Mayor/Chairman Valles. R30. RES. CDC/2004-13 - Resolution of the Community Development Commission of the City of San Bernardino, California, approving an amended Educational Revenue Augmentation Fund Loan from Community Low and Moderate Income Housing funds and Amended Promissory Notes from Redevelopment Project Areas, and authorizing execution thereof. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. CDC/2004-13 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R31. RES. CDC/2004-14 - 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 for property acquisition and redevelopment assistance with ICO Investment Group, Inc. related to the southwest corner of 4's & Waterman (APN 0135-191-11 &15) (Central City East Redevelopment Project Area). 12 06/07/2004 Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2004-14 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R32. RES. CDC/2004-15 - A Resolution of the Community Development Commission of the City of San Bernardino (1) accepting a $837,596 Lead Hazard Control (LHC) grant from the County of San Bernardino Department of Public Health ("County") and (2) authorizing the Redevelopment Agency ("Agency") Executive Director to execute the contract by and between the County and Agency - Single Family Lead Hazard Control Grant Program. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2004-15 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R33. Uptown Redevelopment Project Area Plan Amendment - Eminent Domain - Request to Schedule Joint Public Hearing - July 19, 2004 at 4:00 p.m. RES. CDC/2004-16 - A Resolution of the Community Development Commission of the City of San Bernardino setting the joint public hearing date of July 19, 2004 at 4:00 p.m. with the Mayor and Common Council to consider the amendment reinstating certain eminent domain powers to the Uptown Redevelopment Project Area and Certification of the Environmental Impact Report. (R33A) RES. 2004-152 - A Resolution of the Mayor and Common Council of the City of San Bernardino setting the joint public hearing date of July 19, 2004 at 4:00 p.m. with the Community Development Commission to consider the amendment reinstating certain eminent domain powers to the Uptown Redevelopment Project Area and Certification of the Environmental Impact Report. (R33B) Council Member/Commissioner McCammack announced that she would have to abstain on this matter because she owns property in the Uptown Redevelopment Project Area, and asked Council Member/Commissioner Estrada to assume her duties as Mayor Pro Tem. She left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Longville stated that she was surprised that the staff report did not mention the very blighted Baseline, Highland, and "E" Street 13 06/07/2004 Corridors relative to what this eminent domain could do for the City. She stated that interested developers wanting to acquire adjacent property in the Baseline/Highland Corridor were told that someday the City would have a tool for them that would allow them to buy some of the vacant land along the street at market value. Ms. Longville stated that both the Highland Business Association and the Baseline Avenue Business Association take this as the highest priority item for the redevelopment of their areas, and she requested that the staff report be amended to add the Baseline, Highland and "E" Street Corridors. Council MemberlCommissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A & B, be adopted. Community Development Commission Resolution No. 2004-16 and Mayor and Common Council Resolution No. 2004-152 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. Central City North Redevelopment Project Area Plan Amendment - Eminent Domain - Request to Schedule Joint Public Hearing - July 19, 2004 at 4:00 p.m. RES. CDC/2004-17 - A Resolution of the Community Development Commission of the City of San Bernardino setting the joint public hearing date of July 19, 2004 at 4:00 p.m. with the Mayor and Common Council to consider the amended and restated Redevelopment Plan to include reinstating certain eminent domain powers to the Central City North Redevelopment Project Area and Certification of the Environmental Impact Report. (R34A) RES. 2004-153 - A Resolution of the Mayor and Common Council of the City of San Bernardino setting the joint public hearing date of July 19, 2004 at 4:00 p.m. with the Community Development Commission to consider the amended and restated Redevelopment Plan to include reinstating certain eminent domain powers to the Central City North Redevelopment Project Area and Certification of the Environmental Impact Report. (R34B) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions A & B, be adopted. Community Development Commission Resolution No. 2004-17 and Mayor and Common Council Resolution No. 2004-153 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14 06/07/2004 35. Public Comments James Brown, 495 E. Third Street, Apt. K13.. San Bernardino, CA, stated that he had a petition requesting that a street light be installed at the intersection of Highland and Guthrie. Jose Cruz, 1260 W. King Street, San Bernardino, CA, stated that about one year ago he submitted plans to the Planning Department to build a small house, but he was told only two weeks ago that he could not build because the property is zoned commercial. Dennis Race, P.O. Box 2892, San Bernardino. CA, stated that he had information on the Chinese Development Program and the inevitable war with China. James Smith, 1156 E. 24' Street, San Bernardino, CA, acknowledged the wonderful Memorial Day service that was held at Mt. View Cemetery and announced that a ceremony celebrating Flag Day would be held at the Elks Lodge on June 14, 2004, at 7:30 p.m. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the nuclear waste transportation issue. John Stephens, 4097 Pershing, San Bernardino, CA, stated that there is no process to verify citizenship when people register to vote except when they go into the voting booth and they are asked to show their driver's license. He stated that he was concerned because of the new illegal alien driver's license that could be mistaken as a valid State of California driver's license. Carl Winter, 3189 Cactus Circle, Highland, CA, submitted correspondence and spoke regarding the expansion of the San Manuel Casino and the City's role in the negotiation process. Dennis Nelson, disabled, homeless person, stated that he was homeless because the VA and the community does not want to provide assistance. NBL RES. 2004-154 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Yeager Skanska, Inc. for installation of temporary support for the Mt. Vernon Bridge over the BNSF Railroad per letter proposal, dated June 7, 2004. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, to take up the matter which arose subsequent to the posting of the agenda. 15 06/07/2004 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, that the Director of Finance be authorized to amend the FY 2003/04 Budget to transfer $190,000 from Unallocated FY 2003/04 Measure "I" fund balance to Account No. 129-367-5504-7121, "Mt. Vernon Bridge" (SSO4-12); and that full reading of the resolution be waived and said resolution be adopted. William Nascimento, engineer with Lim & Nascimento Engineering, presented background information on the project and recommended that the Council authorize the contract with Yeager Skanska. The motion carried and Resolution No. 2004-154 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. .Absent: None. 36. Adjournment At 6:12 p.m., the meeting was adjourned to Wednesday, June 9, 2004, at 9:00 a.m. in the Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino to discuss City/EDA budgets. No. of Items: 37 No. of Hours: 4.5 RACHEL G. CLARK City Clerk Linda Sutherland Deputy City Clerk 16 06/07/2004