HomeMy WebLinkAbout09-04-2001 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 4,2001
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by
Mayor/Chairman Valles at 8:18 a.m., Tuesday, September 4, 2001, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, McGinnis,
Schuetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark,
City Administrator Wilson. Absent: Council Member/Commissioner Lien.
1. Closed Session
Pursuant to Government Code Sections:
A. Conference with legal counsel - extstmg litigation - pursuant to
Government Code Section 54956.9(a):
Credit Bureau of San Bernardino and Lawrence 1. Winslow v. City of
San Bernardino, et al. - San Bernardino Superior Court Case No.
SCVSS 711169;
Vibhakerbhal B. Patel; Vimalabrn V. Patel v. City of San Bernardino,
et al. - United States District Court Case No. EDCV 01-592 V AP
(SGLx).
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
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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: Ed Raya, Director of Human Resources
Employee Organization: San Bernardino Public Employees'
Association - General Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1.
Property Address:
Real estate parcels bordered
by Rialto A venue on the north,
E Street on the east, Mill
Street on the south and the
215 Freeway on the west
Negotiating Parties:
Timothy Cook on behalf of the
City of San Bernardino and
property owners of the affected
real estate parcels
Under Negotiation:
Purchase terms & conditions
2.
Property Address:
I-I
Negotiating Parties:
John Magness on behalf of
Hillwood Investments and Fred
Wilson on behalf of the City of
San Bernardino
Under Negotiation:
Purchase terms & conditions
3.
Property Address:
HUB Properties
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Negotiating Parties:
Gary Van Osdel for the Redevelopment Agency
and
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Cecilia Moreno
Cecilia Moreno
Cecilia Moreno
Janice S. Casey
Gina Ramirez
Gerry C. Politano & Lea G. Politano
Cruz A vila & Leonor A vila
Ronnie E.Searcy & Susan Ann Searcy
Jose T. Castaneda & Brenda Castaneda
Anthony Grgec & Gloria E. Grgec
Anthony Grgec & Gloria E. Grgec
Angelina Rodriguez Coeur
Alta J . Moffitt
Charles L. Brown
Elisa L. Gurrola & Evangelina L. Montez
Juan P. Trujillo & Consuelo Y. Trujillo
Chia-Ping Hwang & Mei Fan Hwang
Enrique Villapando & Mary Villapando
West End Investments
Kreten Jakobsen & Rebecca G. Jakobsen
Kreten Jakobsen & Rebecca G. Jakobsen
Neil Calvin Hansen, Jr. & Sandra Kay Hansen
Ronald Norris & Phyllis Norris
David V. Kon, Trustee
David V. Kon, Trustee
Juan P. Trujillo & Consuelo Y. Trujillo
Roberto O. Betancourt & Rita M. Betancourt
Pedrito B. Tongpo & Perida 1. Tongpo
Pedrito B. Tongpo & Perida 1. Tongpo
Henry W. Shelton & Betty J. Shelton
George R. Hallock & Janet Knickerbocker
Altegra Credit Co
Blue Diamond Unlimited, Inc
Henry W. Shelton & Betty J. Shelton
Vibhakerbhai B. Patel & Vimalaben Patel
Alfred Anthony Simental
L.L.c., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Henry W. Shelton & Betty J. Shelton
Henry W. Shelton & Betty J. Shelton
Leo Rittenhouse
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Under Negotiation:
Harold P. Luke & Chintana V. Luke
J. C. Hancock & Lorean Hancock
Henry W. Shelton & Betty J. Shelton
Victor M. Castillo
Fern I. Kopitzke, Trustee
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Purchase terms and conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Sherry Devlin, et al. v. Rachel Clark, et al. - Case No. not yet assigned.
City of San Bernardino Municipal Water Department v. The United States
Department of the Army - United States District Court Case No. CV 96-8867
consolidated with CV 96-5205.
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 and Community
Development Commission.
Council Member/Commissioner Lien Arrived
At 8:20 a.m., Council Member/Commissioner Lien arrived at the Council/Commission
meeting.
Invocation/Pledge of Allegiance
The invocation was given by Father Patricio Guillen of Libreria del Pueblo, followed
by the pledge of allegiance, led by Gloria Perez, a third grade student at Ramona
Alessandro Elementary School.
2. Appointment - Animal Control Commission - James T. Hall - Council
Member/Commissioner Anderson
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the appointment of James T. Hall to the
Animal Control Commission, as requested by Council Member/Commissioner
Anderson, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
A resolution was read in honor of Stater Bros. 65th Anniversay and recognizing
their contributions to the community. No representative was present to accept
the resolution.
A proclamation declaring the month of September as Route 66 Rendezvous
Month in the City of San Bernardino was accepted by Steve Henthorn,
Executive Director of the San Bernardino Convention and Visitors Bureau and
June Durr, Marketing/Public Affairs Officer for the City.
A proclamation declaring September 15 as "Salute to the Route - El Grito," in
celebration of the original Route 66 Highway and Mexican Independence Day
was accepted by Danny Flores, chairman and founder of Salute to the Route;
Esther Jimenez; Jesse Valenzuela; and June Durr, the Mayor's liaison to the
Salute to the Route Board.
A proclamation declaring the week of September 16-20,2001, as Victory Over
Violence Week in the City of San Bernardino was accepted by Bonnie Strong,
Public Relations Representative for Soka Gakki International, who announced
that a Victory Over Violence Festival would be held at Perris Hill Park on
September 22.
A presentation was made to Mayor Valles by John Coute, president of the Over
The Hill Gang car club, on the occasion of the 2nd Anniversary of the Berdoo
Cruise event associated with the Route 66 Rendezvous.
Mayor Valles presented a resolution to Charlie Venegas, championship
motorcycle rider, and the Arrowhead Motorcycle Speedway in recognition of
their sponsorship of the recent "Pediatric Brain Tumor Foundation" benefit
event at the National Orange Show track.
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The first Women of Achievement Scholarship award was presented to Sue
Murphy, Senior Secretary, Fire Department, by Rachel Clark, City Clerk, and
Aurora Mendoza, Administrative Operations Supervisor at the Feldheym
Library, who served as co-chairs of last year's Women of Achievement
Committee.
4. Announcements
Mayor Valles requested that a moment of silence be observed in memory of
former City Treasurer Lloyd Burcham, who served as the City's treasurer for
27 years.
The Mayor also extended condolences to Bronica Martindale, a member of the
Bureau of Franchises, whose mother recently passed away.
Announcements were made by Mayor Valles, members of the Common
Council, elected officials, and the Chamber of Commerce regarding various
civic, community, and chamber events/activities. City Administrator Wilson
provided an update on the City's public works projects.
5. Waive Full Reading Of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common
Council/Community Development Commission be waived.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the minutes of the following meeting of the
Mayor and Common Council/Community Development Commission of the City
of San Bernardino, be approved as submitted in typewritten form: May 21,
2001.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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7. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions as submitted by the
Chief Examiner dated August 28, 2001, 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, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
8. RES. 2001-271 - Resolution of the Mayor and Common Council of the City
of San Bernardino authoriziug execution of a contract for services with the
Humane Society of San Bernardino Valley, Inc. to provide mobile spay and
neuter services in the City of San Bernardino.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2001-271 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
9. RES. 2001-277 - Resolution of the City of San Bernardino authorizing the
execution of an agreement with Nationwide Retirement Solutions, Inc. for
services as administrator of the City's Full-time Employee 457 Deferred
Compensation Plan and the City's Part-time, Seasonal, and Temporary
Employee (PST) 3121 Deferred Compensation Plan.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2001-277 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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10. RES. 2001-272 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Professional Services
Agreements between Lewis, D'amato, Brisbois & Bisgaard and the City of
San Bernardino to represent the City in the cases of Avila Construction, Inc.
v. City of San Bernardino, et aI., and David M. Sanborn, dba Sanborn
Pipeline Contractors v. Avila Construction, Inc., et al.
11. RES. 2001-273 - A Resolution of the City of San Bernardino repealing
Resolution No. 2001-250 and amending Resolution No. 1999-173 relating to
Dine and Dance/Entertainment Application Processing and Investigation
Fee.
12. RES. 2001-274 - Resolution of the City of San Bernardino authorizing the
initiation of reorganization proceedings between the City of San Bernardino
and the City of Highland relative to a realignment of City boundaries along
a portion of 3'd Street, between Tippecanoe A venue and a point
approximately 232 feet east of Shirley Avenue and City boundaries between
Del Rosa Drive and Del Rosa Avenue north of 3'd Street.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions be adopted.
Resolution Nos. 2001-272, 2001-273, and 2001-274 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent:
None.
13. Authorization to Proceed - Study to Ev'aluate Closure of Pennsylvania
Avenue, south of 19th Street - Waive $1,000 Administrative Fee
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize
the Development Services Department to proceed with a study relative to the
request to close Pennsylvania Avenue south of 19th Street, and that the $1,000
administrative fee required to initiate this study be waived.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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14. Resolution of the City of San Bernardino authorizing the execution of a
Master Services Lease-Purchase Agreement with Sun Trust Leasing
Corporation for the provision of Lease-Purchasing Financing Services. (No
backup material was submitted.)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be tabled.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
]5. ORD. MC-ll03 - Ordinance of the City of San Bernardino adding Section
15.16.400 to the San Bernardino Municipal Code, designating the Building
Official as an authorized representative of the Fire Chief to enforce hui]ding
standards adopted by the California State Fire Marshal related to new
construction or alterations. FINAL READING
16. RES. 2001-275 - Resolution awarding a Purchase Agreement to David-
Richards Electric for the installation of park security lighting at Wildwood
Park dog park in accordance with Bid Specification F-01-65.
17. RES. 2001-276 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Utility Replacement and Easement
Exchange Agreement between the City of San Bernardino, the City of San
Bernardino Municipal Water Department and East Valley Water District.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance and resolutions be adopted.
Ordinance No. MC-l103 and Reso]ution Nos. 2001-275 and 2001-276 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
18. Public Hearing - Oral Bids & Award Bid - Sale of City Water Department
Property - Northwest Corner of Little League Drive & 1-215 Frontage Road
Mayor/Chairman Valles opened the hearing.
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James Funk, Director of Deve]opment Services, advised that no written bids had
been received and now was the time to receive oral bids. He stated that if no
bids were received, staff was asking that they be allowed to proceed with
development of a Tentative Tract Map.
Council Member/Commissioner Suarez pointed out that none of the maps in the
backup materials depicted the road, and this should be noted so people know
how much property they are losing for road right-of-way.
No oral bids were received.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; and that the
Director of Development Services be authorized to proceed with preparation of
a Tentative Tract Map and secure entitlements for the development of this
parcel.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
19. Update - League of California Cities Legislative Task Force - Council
Member/Commissioner Lien (No backup material was submitted.)
Council Member/Commissioner Lien provided an update on the activities of the
task force, including Senate Bill 910, relative to the housing element of cities
throughout the state. She stated that SB 910 had been turned into a two-year bill
carried under the name of SB 262 and will not impact the City of San
Bernardino in any way. More importantly, a working housing group has been
developed which will take a good hard look at the housing elements and how
they affect the various communities throughout the state.
20. Request to Continue to December 3, 2001 - Resolution Approving Final
Map - Tentative Tract No. 14112 - Located Northeasterly of Intersection of
Foothill Drive & Sterling Avenue. (Continued from June 4, 2001)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Schnetz, that the Final Map for Tentative Tract
No. 14112 be continued to the Mayor and Council meeting of December 3,
2001.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
21. RES. 2001-278 - 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. (Continued from
August 20, 2001)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2001-278 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
22. Public Hearing - Development Code Amendment No. 01-05 - Expand
Permitted Uses at the Carousel Mall
An Ordinance of the City of San Bernardino amending Chapter 19.06.020
of the San Bernardino Municipal Code (Development Code) to add
permitted uses in the Cr-l, Commercial Regional-Malls land use district.
FIRST READING
Mayor/Chairman Valles advised that it was her understanding that staff was not
ready to proceed with this hearing--that it needed to be referred back to the
Planning Commission.
Deputy City Attorney Empefio noted that a question had been raised as to
whether the Reciprocal Easement Agreements (REAs) with the mall would need
to be amended and whether the proposed development code amendment was in
compliance.
Council Member/Commissioner Estrada requested that staff provide the Council
with a report detailing all of the agreements currently in place with the Carousel
Mall, including what effect approval of this development code amendment
would have on those existing agreements. Mr. Empefio assured the Council that
an analysis would be completed and provided to them by the next Council
meeting.
A lengthy discussion ensued regarding the correlation between the existing
REAs and the proposed development code amendment. Deputy City Attorney
Empefio confirmed that if there was a conflict between the REAs and uses the
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zoning would allow, the existing REAs would take precedence and supercede
any zoning changes.
Sam Catalano, General Manager, Carousel Mall, provided background
information relative to the previous zoning, the existing REAs, and the
development code amendment being sought by the mall. He stated he was
somewhat confused by the current discussion, since for the past six or seven
years they had been trying to do what they thought the City wanted them to do
insofar as repositioning and redirecting the mall to be a financially viable anchor
and employment center downtown, generating sales tax if possible.
City Attorney Penman assured Mr. Catalano and the Council that the reason this
matter needed to go back to Planning had nothing to do with its merits--that
there had been a procedural problem at the Planning Commission meeting that
wasn't discovered until the meeting was over, so they have to re-do their vote.
He added, however, that some people would like to see the City less obligated
to the mall and see this as an opportunity to try to re-negotiate some of those old
agreements.
No public comments were received.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be referred back to the Planning
Commission.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
23. Public Hearing - Development Code Amendment No. 00-01 - Establish
Social Service Uses/Centers as Conditionally Permitted Uses - Conditional
Use Permit No. 00-11 - Establish Facility for Central City Lutheran Mission
- Southwest Corner of Virginia & "G" Streets
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner, provided an overview of the staff report, noting that
no public comments had been received during the review period.
Pursuant to Resolution No. 2000-279, Deputy City Clerk Medina administered
an oath to all individuals speaking on this matter that they would provide true
and honest testimony.
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Pastor David Kalke, 1354 North "G" Street, San Bernardino, CA, spoke
regarding the work and programs of the Central City Lutheran Mission and the
need to provide more social services.
The following individuals spoke in opposition to the proposed project of the
Central City Lutheran Mission:
Carolyn Conley, 1384 North "G" Street, San Bernardino, CA, president of the
San Bernardino High School Neighborhood Association, who brought forward
the combined concerns of various neighborhood residents.
Martha Hargrave Gates, 757 West Virginia Street, San Bernardino, CA,
owner of the property adjacent to the Central City Lutheran Mission.
Otto Madrid, 758 West Virginia Street, San Bernardino, CA, did not speak,
but submitted a speaker's slip supporting denial of this item.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; the Negative
Declaration be adopted; the first reading be waived and the ordinance be laid
over for final adoption; and Conditional Use Permit No. 00-11 be approved,
based on the Findings of Fact, subject to the Conditions of Approval and
Standard Requirements. (Note: There was no vote taken.)
Following extended discussion, it became apparent that there needed to be more
dialogue among staff, Pastor Kalke, and the residents prior to taking any action
on this matter and a two-week continuance was suggested.
Council Member/Commissioner McGinnis made a substitute motion, seconded
by Council Member/Commissioner Estrada, that the matter be continued to the
Mayor and Common Council meeting of September 17, 2001.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Recess Meeting
At approximately 12 noon, Mayor/Chairman Valles recessed the meeting to 2 p.m. in
the Council Chambers of City Hall.
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Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority - Joint Regular Meeting
At 2:20 p.m., Mayor/Chairman Valles called to order the joint regular meeting of the
Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority and Mayor and Common
Council.
Roll Call
Roll call was taken by Deputy City Clerk Medina with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle,
Economic Development Agency Special Counsel Sabo, Deputy City Clerk Medina,
Economic Development Agency Executive Director Van Osdel. Absent: None.
R24. Joint Public Hearing - Amendment to Extend Eminent Domain on Non-
Residential Property - Mt. Vernon Corridor Redevelopment Project
(Continued from August 20, 2001)
Council Members/Commissioners Estrada and McCammack stated that they
would abstain on this item since it affects an area within 500 feet of their
property.
The hearing remained open.
Margaret Park, Project Manager, Economic Development Agency, reviewed the
staff report and provided background information.
Felise Acosta of Rosenow Spevacek Group, Inc., redevelopment consultant,
provided a summary report of the amendment process.
Nancy Ferguson, Lilburn Corporation, presented background information on the
addendum to the Environmental Impact Report.
No written statements or comments were received.
The following individual spoke in opposition to the proposed amendment
and took an oath that he would provide true and honest testimony:
Gil Navarro, 1440 West Sixth Street, San Bernardino, CA, representing the
Mexican-American Political Association (MAPA).
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It was noted that one oral objection had been received, which would require a
written response from the Common Council.
Resolution of the Community Development Commission of the City of San
Bernardino making a finding that conditions of blight burden the
Redevelopment Project Area of the Mt. Vernon Corridor Redevelopment
Project, approving the Section 33352 Report to the Mayor and Common
Council on the 2001 Eminent Domain Amendment to the Redevelopment
Plan for the Mt. Vernon Corridor Redevelopment Project, and
recommending the certification of the Addendum to the 1990
Environmental Impact Report.
An Ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and Common
Council and adopting the 2001 Eminent Domain Amendment to the
Redevelopment Plan for the Mt. Vernon Corridor Redevelopment Project
and certifying an Addendum to the 1990 Environmental Impact Report.
FIRST READING
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Anderson, that the joint public hearing be closed.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson. Nays:
None. Abstentions: Council Members/Commissioners Estrada, McCammack.
Absent: None.
R25. Joint Public Hearing - Amendment to Re-Establish Eminent Domain Power
- Nonresidential Property - Central City South Redevelopment Project
(Continued from August 20, 2001)
The hearing was previously closed.
Margaret Park, Project Manager, advised that one letter had been received from
Henry J. Thys, 4463 Rainbow Vista Drive, Fallbrook, CA, in opposition to the
proposed amendment. (Note: A copy of the letter was submitted into the
record. )
Felise Acosta of Rosenow Spevacek Group, Inc., provided a summary of the
responses prepared by staff to the written objection submitted by Mr. Thys and
the oral objections received at the previous meeting. (Note: A copy of the
responses was submitted into the record.)
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RES. CDC/2001-34 - Resolution of the Community Development
Commission of the City of San Bernardino, making a finding that
conditions of blight burden the Redevelopment Project Area of the Central
City South Redevelopment Project, approving the Section 33352 Report to
the Mayor and Common Council on the 2001 Eminent Domain Amendment
to the Redevelopment Plan for the Central City South Redevelopment,
approving the 2001 Eminent Domain Amendment to the Redevelopment
Plan and recommending the certification of the Addendum to the 1976
Environmental Impact Report.
RES. 2001-279 - A Resolution of the Mayor and Common Council of the
City of San Bernardino approving and adopting a response to written and
oral objections received prior to or at the August 20, 2001, joint public
hearing concerning the proposed 2001 Eminent Domain Amendment to the
Redevelopment Plan for the Central City South Redevelopment Project.
An Ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and Common
Council and adopting the 2001 Eminent Domain Amendment to the
Redevelopment Plan for the Central City South Redevelopment Project and
certifying an Addendum to the 1976 Environmental Impact Report. FIRST
READING
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolutions be adopted; and that
said ordinance be laid over for final adoption.
The motion carried and Community Development Resolution No. CDCI200l-34
and Mayor and Common Council Resolution No. 2001-279 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent:
None.
R26. Joint Public Hearing - Tippecanoe Retail Project - In-N-Out Burgers -
Owner Participation Agreement (Continued from August 20, 2001)
Gary Van Osdel, Executive Director, Economic Development Agency, advised
that the agreement was not yet ready and requested that the matter be continued
to the next meeting.
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A Resolution of the Community Development Commission of the City of
San Bernardino, as the governing body of the Redevelopment Agency of the
City of San Bernardino, making certain findings and determinations
pursuant to Health and Safety Code Section 33433, making other findings
and determinations in accordance with the California Environmental
Quality Act and approving that certain Owner Participation Agreement by
and between the Redevelopment Agency of the City of San Bernardino and
In-N-Out Burgers on the terms set forth in such agreement.
A Resolution of the Mayor and Common Council of the City of San
Bernardino acknowledging receipt of a report relating to that certain
Owner Participation Agreement by and between the Redevelopment Agency
of the City of San Bernardino and In-N-Out Burgers.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the Mayor and
Common Council/Community Development Commission meeting of September
17, 2001.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R27. RES. 2001-280 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing and approving Contract Change Order No.
1 in the amount of $30,000 to T.Y. Un for additional engineering and
inspection services of the Agency's five-level parking strncture.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Schnetz, that said resolution be adopted.
Resolution No. 2001-280 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
28. PUBLIC COMMENTS
Gil Navarro, 1440 West Sixth Street, San Bernardino, CA, recommended to
the Council that they suspend collection of the Business Registration Fee for a
period of five years in order to attract businesses to the area.
17
9/4/2001
Ernest Vincent, Century Crowell, 1535 South "D" Street, Suite 200, San
Bernardino, CA, presented an overview of a proposal to purchase three
properties in the city of San Bernardino--Glazier's, 9th and Del Rosa, and Arrow
Vista--and submitted a copy of the proposal letter and attachments into the
record.
W. R. Holcomb, 3762 Hemlock, San Bernardino, CA, a candidate for the
Fourth Ward Council seat, spoke in opposition to the Lakes and Streams
project, stating it was not feasible without a $]00 million subsidy.
James Penman, City Attorney, speaking from the podium, advised that the
Mayor and Council would never start on such a project as the Lakes and
Streams if they didn't have the necessary funding sources to finish the project.
29. Adjournment
The meeting adjourned at 4:47 p.m. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 8 a.m., Monday, September 17, 2001, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK, CMC
City Clerk
By :!t~J~~ ~ JJatJJ
Linda E. Hartzel
Deputy City Clerk
No. of Items: 29
No. of Hours: 8
18 9/412001