HomeMy WebLinkAbout10-11-2004 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
OCTOBER 11, 2004
COUNCIL CHAMBERS
This is the time and place set for a joint adjourned regular meeting of the Mayor and
Common Council and Community Development Commission of the City of San
Bernardino from the joint regular meeting held at 1:30 p.m., Monday, October 4,
2004, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
The City Clerk has caused to be posted the order of the adjournment of said meeting
held on Monday, October 4, 2004, and has on file in the Office of the City Clerk an
affidavit of said posting together with a copy of said order which was posted at 1:30
p.m., Tuesday, October 5, 2004, on the bulletin board located in the breezeway of City
Hall.
The joint adjourned regular meeting of the Mayor and Common Council and
Community Development Commission was called to order by Mayor/Chairman Valles
at 4:38 p.m., Monday, October 11, 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/Chairman Valles; Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk
Clark, Assistant City Administrator Sassoon. 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):
Manta Management Corporation v. City of San Bernardino - San
Bernardino Superior Court Case No. SCVSS 18157;
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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;
Praven D. Patel, et al. v. City of San Bernardino - United States District
Court Case No. ED CV 98-298 RT (RGLx);
Debra Daniel v. City of San Bernardino - Workers' Compensation
Appeals Board Case Nos. SBR 0298 and LBO 0329089;
Rosario Aguilar v. City of San Bernardino, Southern California Edison
et al. - San Bernardino Superior Court Case No. SCVSS 115557;
City of San Bernardino Municipal Water
Deprtment of the Army - United States Di
8867 and CV 96-5205.
United States
Court Case Nos. CV 96-
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:
Richard Lewis and San Bernardino City Professional Firefighters,
Local 891 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:
Redevelopment Agency of the City of San Bernardino v. Allan
Steward, Allan Steward, Inc. and A.J. Five Points, L.L. C.;
City of San Bernardino v. County of San Bernardino and Dayton
Aggregates.
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.
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F
Le;
Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property: 247 W. Third Street
Negotiating Parties: Judith Valles, Mayor, on behalf of the
Redevelopment Agency, property owners, and
Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
Under Negotiation: Purchase price, terms and conditions
2. Property: That parcel consisting of approximately 67.75
acres identified as Parcel 1-2 at the San
Bernardino International Airport, and generally
bounded by Harry Sheppard Boulevard, Del
Rosa Drive, Paul Villasenor Boulevard, and
Memorial Drive
Negotiating Parties: Don Rogers on behalf of the Inland Valley
Development Agency. David Newsom on
behalf of Hillwood/San Bernardino LLC.
Bruce Varner on behalf of Stater Bros.
Markets. James F. Penman on behalf of the
City of San Bernardino.
Under Negotiation:
Uptown Project Area
3. Proper :
Terms and conditions
APN 0145-242-32, 0145-242-33
Owner/Seller: Mayor Judith Valles, Chairman, on behalf of
the Redevelopment Agency of the City of San
Bernardino, property owner(s)
Buyer: San Bernardino City Unified School District
("District")
4. Proper That parcel located at the southwest corner of
Tippecanoe and Harriman Place, formerly
known as the University Inn Motel, formerly
located at 1914 S. Tippecanoe, San Bernardino,
CA 92408
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Negotiating Parties: Vibhakerbhai B. Patel and Vimalaben V. Patel,
on behalf of the motel, and Gary Van Osdel,
Executive Director, on behalf of the Economic
Development Agency
Under Negotiation: Terms and conditions
City Attorney Penman announced that the following additional cases
would be discussed in closed session:
Under 1A, Existing Litigation:
San Bernardino City Unified School District v. Oscar Sandoval,
et al. - San Bernardino Superior Court Case No. SCVSS 117009.
Under 1B, Significant Exposure to Litigation:
Information regarding Agenda Item No. 2.
2. Resolutions authorizing the Development Services Department to apply for
and administer a Community -based Transportation Planning Grant from
Caltrans in the amount of $250,000
RES. 2004-325 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Development Services Department to
apply for and administer a Community -based Transportation Planning
Grant from Caltrans in the amount of $250,000 to prepare the I-210
Corridor Enhancement Plan. (Continued from October 4, 2004) (2A)
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Development Services Department to apply for
and administer a Community -based Transportation Planning Grant from
Caltrans in the amount of $250,000 to prepare the West Side Healthy
Neighborhood Plan. (213)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Kelley, that said Resolution 2A be adopted.
Council Member/Commissioner Johnson suggested that the motion be amended
to include those areas of concern specific to the Sixth Ward that were itemized
in the staff report for Agenda Item 2B.
Mayor/Chairman Valles read the title of Resolution 2B into the record.
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Pastor Ray Turner, 1583 W. Union Street, San Bernardino, CA, stated he
supported the grant application; however, he was concerned that use of the
funds would be expanded so much that it would be impossible to accomplish
what they had hoped to do on the West Side.
Pastor Joshua Beckley, 1314 E. Date Street, San Bernardino, CA, stated he
concurred with Pastor Turner, and also hoped the focus of the grant would be
on the West Side.
Dolores Armstead, 2529 San Anselmo, San Bernardino, CA, read a letter from
the Arroyo Valley Community Economic Development Corporation, signed by
Angela Saunders, wherein she stated that it was their goal to make the City of
San Bernardino a better place to live and work, and in this vain they have
sought out financial avenues by which to bring planning resources to the Sixth
Ward. She stated that they have made a commitment to work with Mr. Johnson
in any manner possible to make positive things happen in his ward, but that
commitment is not to the exclusion of any other Council members and their
wards.
Council Member/Commissioner McCammack amended her motion, seconded
by Council Member/Commissioner Kelley, that said Resolution 2A be adopted,
to include the incorporation of those items specific to the Sixth Ward as listed by
bullet in the staff report dated September 22, 2004, from James Funk, Director
of Development Services, submitted as Agenda Item 2B.
The motion carried and Resolution No. 2004-325 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner McGinnis.
3. Budget Amendment related to Resolution No. 2004-322 adopted at the
Council meeting on October 4, 2004
Note: This matter was considered prior to the Mayor and Council going into
closed session. Following closed session, Council Member/Commissioner
McCammack announced that she had inadvertently registered a "yes" vote,
when in fact her vote should have been an abstention because the money is being
provided by one of her business clients.
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Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Finance be authorized to
amend the FY 2004/05 budget for the Public Improvement Fund (Fund 246) by
increasing the revenue budget in Account No. 246-000-4902 by $5,500,000 and
increasing the expenditure budget by $5,500,000 for capital improvement
projects: Highland Avenue to Lynwood Improvements ($1,226,100), Other
Road Issues/Improvements ($581,000), Off Road Scope at Residential Areas
($2,767,800), and Property Acquisition/Project Contingencies ($925,100).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Abstentions: Council Member/Commissioner McCammack.
4. Adjournment
At 6:02 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 1:30 p.m., Monday, October 18, 2004, in the Council Chambers
of City Hall, 300 North D Street, San Bernardino, California.
No. of Items: 4
No. of Hours: 1.33
RACHEL G. CLARK
City Clerk
By:
Linda E. Hartzel
Deputy City Clerk
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