HomeMy WebLinkAbout01-10-2005 MinutesMayor Judith Valles
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street Susan Longville
San Bernardino, CA 92418 Gordon McGinnis
Neil Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCmmnack
MINI TTF.0
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT ADJOURNED REGULAR MEETING
JANUARY 10, 2005
COUNCIL CHAMBERS
The joint adjourned regular meeting of the Mayor and Common Council and
Community Development Commission was called to order by Mayor/Chairman Valles
at 1:30 p.m., Monday, January 10, 2005, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, Derry,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Members/Commissioners McGinnis, Kelley, Johnson.
Council Member/Commissioner Kelley Arrived
At 1:42 p.m., Council Member/Commissioner Kelley arrived at the Council/
Commission meeting.
Council Member/Commissioner Johnson Arrived
At 2:25 p.m., Council Member/Commissioner Johnson arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
1 01/10/2005
City of San Bernardino Municipal Water Department v. The United
States Department of the Army - U.S. District Court Case Nos. CV 96-
8867 & CV 96-5205;
Fu San Limited Inc. dba Sahara Motel, et al. v. City of San Bernardino
- San Bernardino Superior Court Case No. SCVSS 117349;
Maria Glander v. City of San Bernardino, et al. - Los Angeles Superior
Court Case No. BC 324026;
Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez,
et al. - San Bernardino Superior Court Case No. SCVSS 86091.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Government Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
D. Closed Session - personnel - pursuant to Government Code Section
54957:
Contract Extension
Chief of Police
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. Proper : 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
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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. Property:
Terms and conditions
APN 0145-242-32, 0145-242-33
Owner/Seller: Mayor Judith Valles, on behalf of the
Redevelopment Agency of the City of San
Bernardino, property owner(s)
Buyer: San Bernardino City Unified School District
("District")
Mt. Vernon Corridor Redevelopment Project Area
4. Proper 1307 Spruce Street
APN 0138-115-02
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Manuel and
Hilaria Arriola, property owner(s)
Under Negotiation: Purchase price, terms and conditions
5. Proper 514 N. Mt. Vernon Avenue
APN 0138-115-06
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Dan
Virgilio, property owner
Under Negotiation: Purchase price, terms and conditions
3 01/10/2005
6. Proper 540 N. Mt. Vernon Avenue
APN 0138-115-04 & 0138-115-05
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Frank Ruiz,
Jr., Sandra Annette Alvarado and Adrienne A.
Loa, property owner(s)
Under Negotiation: Purchase price, terms and conditions
7. Property: APN 0138-115-07
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Michael
Patrick Allen and Brenda Lue Allen, property
owner(s)
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Under Agenda 1A, Existing Litigation:
California Bio-Mass v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 82473;
Pravin Patel v. City of San Bernardino - Ninth Circuit Court of Appeals
Case No. 04-56839;
City of San Bernardino, et al. v. Valerie Pope -Ludlam, Edward Negrete,
et al. - San Bernardino Superior Court Case No. SCVSS 108965.
Under Agenda Item 1B, Significant Exposure to Litigation:
San Manuel Neighbors v. City of San Bernardino
Central City Company v. City of San Bernardino
Issues related to the Transient Lodging Tax
Closed Session Announcement
City Clerk Clark announced that the following actions were taken in closed
session regarding 1) the contract extension for the Chief of Police, and 2)
policing of the area within the Indian reservation and casino:
4 01/10/2005
Motion made by Council Member/Commissioner Kelley, seconded by Council
Member/Commissioner Derry, to approve the extension of the contract for the
Chief of Police for another two years, through January 14, 2007.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Derry, Kelley, Johnson. Nays: Council
Member/Commissioner McCammack. Absent: Council Member/
Commissioner McGinnis.
Motion made by Council Member/Commissioner Kelley, seconded by Council
Member/Commissioner Estrada, not to police the area within the Indian
reservation and casino.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Derry, Kelley, Johnson. Nays: None.
Abstentions: Council Member/Commissioner McCammack. Absent: Council
Member/Commissioner McGinnis.
Note: Council Member/Commissioner McCammack advised that in the past,
every contract that she can remember that Mayor Valles has negotiated, the
Mayor has only agreed to extend the term of the contract three months past the
Mayor's current term; and she agreed that this was a prudent position to take
since every contract she can remember has had a six-month buyout. She
advised that her "no" vote was in no way a judgment on the Chief's
performance, but in her opinion, the Council should be consistent with these
contracts; and it was her opinion that whoever the mayor is in March 2006, that
mayor should be able to make the decision as to who the Chief of Police should
be.
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.
Invocation/Pledge of Allegiance
The invocation was given by Dr. Aloha L. Smith of St. Francis Episcopal Church,
followed by the pledge of allegiance, led by Council Member/Commissioner
McCammack.
Moment of Silence
Mayor Valles requested a moment of silence in memory of the many Tsunami victims;
Council Member/Commissioner Johnson asked for a moment of silence in memory of
two great ladies who dedicated their lives to making a difference for the less fortunate,
Cecelia Lowe Venable and Patricia Riley Holt; and Council Member/Commissioner
McCammack extended her sympathy to the family of Linda Woodward Montijo.
5 01/10/2005
2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
Mayor/Chairman Valles presented a resolution of recognition to Ed Mauel, who
recently retired as a columnist for The Sun newspaper.
Members of the 2004/2005 Mayor's Youth Council introduced themselves and
spoke a few words regarding their future plans and goals.
The Blair Park Youth Neighborhood Cluster Association presented certificates
and gifts of appreciation to those individuals and businesses who participated in
their "Home for the Holidays" Christmas project, which involved visiting and
giving gifts to the children at the Loma Linda Children's Hospital.
Brad Randall, CEO and General Manager of the National Orange Show (NOS),
presented a resolution to the Mayor and Common Council regarding distribution
of the takeout from the satellite wagering facility. In part, the resolution stated
that by a majority vote of the Board of Directors, the City of San Bernardino be
designated as the recipient of the .033 percent of the gross wagering generated
at the NOS facility for the term of December 26, 2004 (beginning of the racing
season) through December 25, 2005. Also, to date the NOS wagering facility
has generated 1 Billion 126 Million 46 Thousand dollars and change, of which
from 1987 to 2004, 3 Million 683 Thousand 180 dollars has been distributed to
the City of San Bernardino for its use.
4. Announcements
Announcements were made by the Mayor, 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 McCammack 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, Longville, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
6 01/10/2005
6. Council Minutes
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the minutes of the following
meetings of the Mayor and Common Council/Community Development
Commission of the City of San Bernardino be approved as submitted in
typewritten form: November 15, 2004; November 16, 2004; December 20,
2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
7. Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated January 4,
2005, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
8. Personnel Actions
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the personnel actions as submitted
by the Chief Examiner dated December 28, 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, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
9. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to
Government Code Section 8630 (c)(1)
Note: No backup materials were distributed.
7 01/10/2005
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, 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, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
10. RES. 2005-7 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Matich Corporation for
construction of Campus Parkway (SS O4-01) and installation of a traffic
signal at Kendall Drive and Campus Parkway (TC 04-07) per Plan Nos.
10952 & 10232.
City Attorney Penman advised that over the years he has received campaign
contributions from the Matich Corporation; therefore, in order to avoid the
appearance of a conflict he had asked Special Counsel Sabo to review and sign
off on the resolution. He then left the Council Chambers, returning after the
vote was taken.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Finance be
authorized to amend the FY 04/05 adopted budget and transfer $857,600 to
Account No. 129-367-5504-7007 from the following: $292,000 from Measure
"I" unallocated fund balance and $565,600 in savings from various project
savings as outlined in Attachment "l"; that the Director of Development
Services be authorized to amend the Measure "I" 5-year Capital Improvement
Program (CIP) to reflect these changes; and that said resolution be adopted.
The motion carried and Resolution No. 2005-7 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner McGinnis.
11. Authorize Director of Finance to transfer funds - widening of Palm Avenue
to 4-lanes approaching BNSF Grade Crossing (SS O4-04) - authorize
Director of Development Services to amend the Measure "I" 5-year Capital
Improvement Program (CIP)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Director of Finance be
authorized to amend the FY 04/05 budget to transfer a total amount of $194,000
as indicated in Attachment "l" to provide a total funding amount of $210,000
8 01/10/2005
for Capital Improvement Project No. SS O4-04 "Widening to 4-lanes of Palm
Avenue approaching the BNSF Grade Crossing; and that the Director of
Development Services be authorized to amend the Measure "I" 5-year Capital
Improvement Program to reflect this change.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
12. RES. 2005-8 - Resolution of the City of San Bernardino approving a
Services Agreement with Engineering Resources of Southern California,
Inc. for design of street, storm drain, traffic signal and sound wall
improvements along Victoria Avenue from Highland Avenue to Lynwood
Avenue.
Council Member/Commissioner Longville stated that it appeared that this
contract was for a definitive amount for a proposed design, and that there would
be some money left over since the City has $5.5 million and the total amount of
this contract is a little under $5 million. She stated that she felt the Council had
made a commitment to the residents that they would work with the residents to
redesign and perfect this to meet their needs.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted, with the caveat
that future amendments after the public hearings will be brought back to this
body so that the Council can increase the amount as necessary, based on the
community input they receive. (Note: The vote was taken following
comments.)
Deron Marquez, Chairman of the San Manuel Tribe, stated that he was very
proud of the way the process is working, but he wanted to clarify that the tribe
would not be contributing any more funds for this project above the $5.5
million.
Mayor Valles noted that this was understood by the Mayor and Common
Council.
Rheba Hewitt, 2805 Mirada, Highland, CA, thanked Ms. Longville for her
comments about making sure that this contract was changeable, stating that there
had not been any input from the community, that it was totally designed around
San Manuel's wishes and requests, and the residents do have other input such as
special speed zones, sound glazing on windows, etc. She made the statement
that the residents believe that things can be changed in this contract and urged
the Council not to agree to it unless it is extremely flexible.
9 01/10/2005
Ms. Hewitt noted that Mr. Marquez had stated that there would be no more
funds from the Tribe; however, all over the state the casinos have MOUs with
the cities whereby they pay for jail beds, arrests, court costs, street fixing,
residents' properties —they pay for all the negative ramifications through the
MOUs the casinos have with the other cities. They do not do one-time
contributions, let it go at that, and then make it sound like they are doing
something charitable.
The motion made by Council Member/Commissioner Longville, seconded by
Council Member/Commissioner Derry, carried, and Resolution No. 2005-8 was
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner McGinnis.
13. RES. 2005-1 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to C-18, Inc., for Annual Citywide
Traffic Striping & Pavement Marking Maintenance Services, per Project
No. 11329.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-1 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
14. RES. 2005-2 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a maintenance assessment district located in the Northpark Boulevard
and Campus Parkway area without compliance with the Special Assessment
Investigation, Limitation and Majority Protest Act of 1931; declaring its
intention to proceed to order work within the district, to be known as
Assessment District No. 1036; preliminarily approving the Engineer's
Report and giving notice of a public meeting and public hearing.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-2 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
10 01/10/2005
15. Authorize Change Order No. Two - contract with Eberhardt Construction,
Inc. - three changes in scope of work - Fire Station #232
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Purchasing Manager be
authorized to execute Change Order No. Two to the contract with Eberhardt
Construction, Inc., for three changes in the scope of work at Fire Station #232
in the amount of $13,667.20.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
16. RES. 2005-3 - Resolution of the City of San Bernardino authorizing the
purchase of digital voice recorders and supporting hardware and software
for the Police Department.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted; and
that the Director of Finance be authorized to amend the FY 2004/05 Asset
Forfeiture Budget and transfer into Account No. 108-271-5702 (Computer
Equipment) $28,000 from Account No. 108-271-5704 (Miscellaneous
Equipment) and $3,000 from Account No. 108-271-5505 (Professional
Services).
The motion carried and Resolution No. 2005-3 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/
Commissioner McGinnis.
17. RES. 2005-4 - Resolution of the City of San Bernardino authorizing the
Purchasing Manager to issue a purchase order not to exceed the amount of
$56,480.00 to Rockwell Controls of Fullerton, CA. for repairs and upgrades
to the jail door control system at the San Bernardino City Jail.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-4 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
11 01/10/2005
18. Request to transfer funds for various landfill closure costs & groundwater
monitoring related to the former Waterman Landfill - authorize
amendment to Bryan A. Stirrat contract - ratify Equipment Rental
Agreement with ECCO Equipment Company
RES. 2005-5 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing an Amendment to the Agreement and purchase
order to Bryan A. Stirrat & Associates for designing and constructing a
landfill gas collection and treatment system and improvements to the
landfill cover system. (18A)
RES. 2005-6 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the emergency approval granted by the City
Administrator for the Rental Agreement between the City and ECCO
Equipment Company for a Caterpillar 825 Compactor to be utilized by the
Public Services Street Division for the Waterman Landfill Cover Project.
(18B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolutions A & B, be
adopted; and that the Director of Finance be authorized to amend the FY
2004/05 Refuse budget and transfer $124,100 from Account No. 527-415-5193
(Grant Match), $124,100 from Account No. 527-415-5706 (Alterations and
Renovations), and $294,300 from the Refuse unallocated fund balance to
Account No. 527-415-5502 (Professional Contractual) for a total of $542,500 to
be used for the purposes outlined in the staff report dated December 28, 2004,
from Kerry Morford, Interim Director of Public Services, related to the
Waterman Landfill.
The motion carried and Resolution Nos. 2005-5 and 2005-6 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council
Member/Commissioner McGinnis.
19. RES. 2005-9 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the submittal of a CDBG grant application in the
amount of $17,461 from the City of Victorville for the Senior Companion
Program (SCP) and authorizing the Director of Parks, Recreation and
Community Services to administer the grant funding.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
12 01/10/2005
Resolution No. 2005-9 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
20. RES. 2005-10 - Resolution authorizing the Mayor of the City of San
Bernardino or her designee to apply for and administer Waste Tire
Enforcement Grant funds from the California Integrated Waste
Management Board.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-10 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
21. Resolution of the Mayor and Common Council of the City of San
Bernardino opposing the issuance of an Alcohol Beverage Control License
to the new San Manuel Indian Bingo and Casino located at 777 San Manuel
Boulevard in the City of San Bernardino.
Council Member/Commissioner McCammack advised that she would be
abstaining on this matter because the Tribe is a business client. She left the
Council Chambers, returning after the vote was taken.
At the request of Council Member/Commissioner Derry, the City Clerk read the
resolution in its entirety into the record so everyone had a clear understanding of
what the resolution said.
Mr. Derry advised that the new casino presents numerous issues for the City of
San Bernardino —that it is four times larger than the existing facility, attracting
far more customers, thus creating a far greater impact. He stated that the City
of San Bernardino, itself, would never authorize an ABC license to a similarly
situated facility, surrounded by neighborhood schools and churches that were
there long before the casino. In addition, children must cross Victoria Avenue
every weekday to get to Serrano and Belvedere Elementary Schools.
Mr. Derry pointed out that this property was originally zoned residential within
the City before it was federalized, and when the Tribe applied to federalize the
land they promised the City parks and community centers; when they requested
that the City vacate Piedmont after the federalization, they stated that they had
no plans to expand their casino operations; when they met with neighbors for
years prior to 2001, they promised they would never apply for a liquor license.
13 01/10/2005
Council Member/Commissioner Derry stated that there are some who say this is
a state issue —not the City's—but this is simply not true. Every time police must
respond to an incident related to a drunk driver or other alcohol related crime,
they are pulling resources away from other areas of the City —other wards,
citizens and businesses; and it is the taxpayers of San Bernardino who pay for it.
Even worse is that our children must cross a busy street, and with an
unrestricted liquor license at the new casino, they will be the ones in danger.
Mr. Derry noted that this Council has a tradition of backing up Council
Members on issues related to their wards, whether it was the Mt. Vernon
bridge, expansion of Perris Hill Senior Center, or the pool at Delmann Heights
recreation center. He stated that on each occasion he has deferred to the
Council Member who brought forth the item and been generally supportive; and
this item should be no different.
He asked his colleagues to realize that this is an issue that affects the entire City,
including police and fire service, street maintenance, property values, and
impact to the General Fund —and each will be affected negatively. He stated
that the Council had an opportunity today to stand up for its citizens, and it
would be clear after today who each member stands with —these services for the
City or larger campaign contributions —citizens and children of the City or the
casino —safety to the public or the financial profit of the Tribe.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Kelley, that said resolution be adopted. (Note: The
motion was subsequently amended and the vote taken following discussion.)
The following individuals spoke in support of the proposed resolution:
Kirk Wilson, 3187 Belvedere Avenue, Highland, CA;
Michael Newvine, 5965 Stanton Avenue, Highland, CA;
Parrish Highley, 26127 Edgemont Drive, Highland, CA;
Rheba Hewitt, 2805 Mirada, Highland, CA;
Al Lambert, 3405 Tiffani Place, Highland, CA;
Mary Wilson, 3187 Belvedere Avenue, Highland, CA;
Greg Gridley, 5970 Stanton Avenue, Highland, CA.
The speakers addressed several issues including the Tribe's violation of
environmental laws, placement of the casino less than 600 feet from a school,
loss of property values, safety of their children, and the deceptive and stealth
business practices of the Tribe.
14 01/10/2005
Deron Marquez, Tribal Chairman, San Manuel, stated that this resolution goes
beyond alcohol to the very existence of a reservation, by which there is a
casino, by which there happens to be surrounding homes that moved in well
after the establishment of the reservation. He stated that what he was hearing
today were the same things the Tribe heard back when the casino was first being
proposed; and in his mind this was a last ditch effort by people in the audience
and Mr. Derry to somehow stop the progress by which the Tribe has been
moving forward.
Mr. Marquez stated that this Tribe has been operating in good standing for the
last 20 years; and has been more than good neighbors with the local
municipalities, agencies, and various cities across the Inland Empire. He stated
that two years have been spent talking about mitigations, and finally an
agreement was reached on how this would happen —that basically the Tribe
would provide the funds and the City would figure out how to fix those concerns
which the City and its residents, as well as County residents, have raised. And
they are in the process of that now.
He added that for those two years, not once did the Tribe hear a concern about
alcohol. In fact, they have been selling alcohol for three years and have no
reports back from the ABC indicating that they are doing things illegal or
unjust. He also disputed the 17,000 new vehicle trips mentioned in the
resolution, pointing out that that number was assuming the construction of a new
events center, which they took out of their plans after discussions with the
Mayor.
Mr. Marquez stated that the Tribe has been more than willing to work with the
City and has been more than forthright about their plans, their mission, and
their goals; and that this was a huge step backwards.
According to Mr. Marquez, the Tribe had been told that they were outside of
600 feet from the school, so that was a point of contention that must be
addressed. He said they would go back and look at their numbers because they
did the survey and found the number to be over 600 feet; and ABC had agreed
with them. Therefore, that point would need to be worked out with the ABC.
Drew Gagner, 546 West 6' Street, San Bernardino, CA, stated that looking at
San Manuel as part of the business community and speaking as a member of the
Chamber of Commerce, the history of San Manuel is very well known. He
pointed out that the Tribe is a tremendous employer with one of the highest
number of employees in the area, which brings dollars into the community, as
well as the dollars that are brought in by the folks that go to the San Manuel
casino. So from that perspective, approval of the liquor license is certainly
appropriate at this point.
15 01/10/2005
He stated that insofar as the nature of the Tribe and the organization as a
corporate citizen, he thought they have been outstanding in every way, shape
and form, and very generous to the community.
Lastly, Mr. Gagner stated that relative to his corporate hat at St. Bernardine's
Medical Center, they believe the Tribe has been an outstanding corporate citizen
in the community and welcome and invite their continuing operation.
Council Member/Commissioner Kelley asked Mr. Marquez if they would lose
patrons at the casino if they didn't receive their ABC license.
Mr. Marquez stated that was a tough question for him to answer, as he did not
operate the casino; however, he would make the assumption that, yes, they
would lose patrons if they did not offer alcohol. He added that one of the
reasons they chose to engage in the sale of alcohol was because other casinos
around the Inland Empire do offer alcohol.
Mr. Kelley stated that based on Mr. Marquez' answer, if the casino did sell
alcohol, he would assume trip counts would go up and there would be a higher
volume of traffic due to more patrons, because the casino would be offering
something (alcohol) that the patrons were not getting now.
Mr. Marquez stated that the only way the trip counts would probably increase is
if they were to basically engage more gaming operations —that is more card
tables and more slot machines —slot machines being the key trip generator; but
they simply are not increasing any of that. In fact, they are not able to handle
the clientele now patronizing the old facility because of its size, and that is the
reason they built a facility that can handle those who are already coming to their
operation.
Council Member/Commissioner Kelley thanked Mr. Marquez and Mr. Gagner
for their comments. He noted that the decision to be made was a difficult one —
that San Manuel is a good corporate sponsor and has done many good works in
the community. Conversely, the neighborhoods being affected by the casino are
some of the City's better communities whose residents are more inclined to do
business and shop locally —people the City would hate to lose. He stated that
the most important thing the Council could do was to make an informed decision
based on these residents, who the Council has a duty to represent.
Council Member/Commissioner Johnson asked Mr. Marquez whether alcohol
was sold in the previous facility. Mr. Marquez indicated that alcohol had been
sold there for three years.
16 01/10/2005
Jerry Paresa, 6070 Blythe Avenue, Highland, CA, a resident of the
neighborhood and an employee of San Manuel, stated that he agreed that the
Council should make an informed decision; however, decision making that is
informed should be based on facts —not speculations or fear tactics. He asked
those who were advocating approval of the resolution if they could cite any
specific incident that is evidence of a nexus between the existing liquor license
and any incident that they could point to, specifically.
Council Member/Commissioner Longville stated that she was surprised that the
Police Chief hadn't spoken about the crime issues, because she thinks the
Council members have to be honest with themselves and recognize that there
will be additional issues with a larger casino and more people.
She stated that she had long agreed with the residents in the area that it is in the
City's best interests to be negotiating an MOU with the Tribe to pay for the
additional costs that a larger casino will obviously generate for the City.
Therefore, while she didn't categorically want to see the casino be
noncompetitive in the Southern California region —because it is an economic
tool, generating money and jobs in the community —she wanted them to pay for
any additional costs.
Ms. Longville stated that she agreed with Mr. Derry that the Council should
oppose the liquor license; however, she would support a liquor license if and
when there was an MOU in place to pay for the costs. She pointed out that the
City has no ongoing source of revenue to meet those future needs. Therefore,
she could not support the resolution without an amendment whereby the Tribe
agrees to sign an MOU to reimburse the City for any additional costs that are
necessary to deal with the welfare of the people in the neighborhood.
Council Member/Commissioner Derry stated that he would accept the
amendment.
A short discussion ensued regarding the ramifications and legal issues involved
with using San Manuel security personnel to monitor the whole situation from
Highland Avenue all the way to the casino and the neighborhood, so that patrons
of the casino won't spill over into the neighborhood.
Mayor Valles suggested a two week continuance because of the amendment and
the concerns with security; however, Mr. Derry stated that he believed the
residents showed up today for a "yes" or "no" answer; however, if he needed to
bring it back, he could.
17 01/10/2005
Rheba Hewitt stated that she thought it was very important to have a decision
today since the Alcohol Beverage Control Board has only given the Council and
others until January 25 to respond. After that date, no input, for or against the
ABC license would be accepted by the State from anyone.
City Clerk Clark clarified with Council Member/Commissioner Longville the
motion with the amendment, as follows: That said resolution be adopted with
the caveat that the casino signs an MOU agreeing to reimburse the City for costs
of any additional services necessary to protect the welfare of residents of the
surrounding community.
Council Member/Commissioner Johnson stated that he felt the City was missing
an opportunity to sit down and dialogue with the Tribe —that he believed they
were holding all the cards in this case. He mentioned the importance of
relationships, and the need to build up relationships and try to deal with the
Tribe on this.
According to Mr. Johnson, based on the fact that the Tribe has already had an
alcohol license, most likely ABC would grant them this license; and if the
Council truly didn't want them selling alcohol during the time that the children
were around, then the Council should be talking directly to the Tribe. He stated
that for this reason he really could not support this resolution.
Council Member/Commissioner Derry pointed out that there are different types
of licenses that can be issued, and ABC can put restrictions on times, service,
and other things; but without opposition there will be no mitigation. He added
that even if the casino is within 434 feet of the school (and he did not know that
it was —ABC had told him that it is over 600 feet because it is supposed to be
measured building to building), without enough opposition ABC can still
approve the license —they have the ability to do that. Conversely, if it's over
600 feet, they are not required to issue a license; so it has to do with the protest
period, which is what all these folks are here for.
The motion made by Council Member/Commissioner Derry as amended by
Council Member/Commissioner Longville, and seconded by Council
Member/Commissioner Kelley, failed by the following vote: Ayes: Council
Members/Commissioners Longville, Derry, Kelley. Nays: Council Members/
Commissioners Estrada, Johnson. Abstentions: Council Member/
Commissioner McCammack. Absent: Council Member/Commissioner
McGinnis. (Note: Section 30 of the City Charter provides that no ordinance or
resolution shall be valid unless it receives the affirmative vote of four
councilmen.)
18 01/10/2005
22. Workshop - 5:30 p.m. - Economic Development Agency Boardroom -
review General Plan
City Planner Valerie Ross advised that this General Plan update reflects what
staff believes is the vision of where the City wants to be in the future. She
noted that the Plan includes not only the City of San Bernardino (50 square
miles), but also 10 square miles in the City's sphere of influence —the two
together make up the planning area for purposes of the General Plan.
She advised that staff's approach had been to update and refine the existing
General Plan, keeping the parts that are working and building upon them. She
stated that this General Plan focuses on policies and strategies that are designed
to help the City achieve its vision. Staff also tried to streamline the Plan, reduce
redundancy, and make it more user friendly.
Ms. Ross noted that land use categories had been condensed, as staff believed
the City's goals could be accomplished by having fewer land use designations;
that minimal changes had been made to the map, with the majority of changes
found in the text itself, which is the policy document; and that changes to the
Circulation Element were outlined in Appendix 9 of the General Plan, and
TransTech is analyzing those from a realistic and environmental standpoint.
She advised that non -mandatory state requirements had been removed from the
Plan —things that San Bernardino is not subject to, as per state law. She stated
that it was her thought that if the Council wanted staff to do it, the Council
could ask them to do it, but she didn't want to back the City or the Council into
a corner by doing things that we may not have to do.
Also, time frames had been removed from the Implementation Section, as she
thought it would be difficult for the Council to sit down at one point in time and
determine when the City was going to do certain things in the General Plan,
projecting out over ten years, the theoretical life of the plan. She thought it
would be more helpful and more valuable to the Council, to determine, possibly
on an annual basis, what their priorities were for the upcoming year, similar to
what the City does during the budget process and the Capital Improvement
Program process.
Ms. Ross explained that the General Plan contains seven mandated elements —
land use, circulation, housing, conservation, open space, noise, and safety. In
addition, other optional elements were carried over and updated from the last
Plan.
19 01/10/2005
She pointed out that the University District Specific Plan was referenced in the
General Plan and had been provided to the Council. The Arrowhead Springs
Specific Plan was also referenced; however, it is still being completed and will
be given to the Council in the near future.
Discussion ensued regarding the need for changes to the City's Development
Code in order to implement more use/space activities. Council Member/
Commissioner Longville stated that she thought it was very important that target
dates are set for completion of the Development Code update, so that the City
will have an opportunity to actually build some of the visions that the Council
says it supports.
Mayor/Chairman Valles asked at what point in the process the Council and staff
should look at the Development Code in order to facilitate the General Plan and
the Specific Plans that will be developed later.
Ms. Ross replied that it could be done at any point; however, she thought staff
needed feedback from the Council on the General Plan document prior to being
directed to start the related amendment to the Development Code —that there
needed to be a consensus from all of the Council Members before starting on the
amendments to the Code.
Mayor/Chairman Valles asked Ms. Ross what the next step should be.
Ms. Ross advised that the Council members needed to take a look at the Plan
and contact staff with any comments, questions, or concerns. They also needed
to decide whether they wanted to handle things separately, hold additional
workshops, or what. She stated that staff is anticipating going to the Planning
Commission in June, followed by the Mayor and Council in July, for the actual
formal adoption. She added that if there were going to be any substantive or
substantial changes it would be better if this was done prior to release of the
Environmental Impact Report (EIR).
She noted that in mid -March the draft EIR would be released for a 45-day
public review. Also, the EIR would be posted on the City's web page; notice of
completion would be provided to the regular public agencies and anyone who
has requested, and staff would put a display ad in the newspaper.
Ms. Ross advised that if members of the Council wanted to have forums or town
hall meetings, these should probably be scheduled during February and March.
No formal action was taken on this matter.
20 01/10/2005
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, Derry,
Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic
Development Agency Special Counsel Sabo and Executive Director Van Osdel.
Absent: Council Member/Commissioner McGinnis.
R23. Joint public hearing - 2005 Meadowbrook Single Family Residential
Disposition and Development Agreement with Meadowbrook Park Homes,
Inc. (Continued from December 20, 2004)
RES. 2005-11 - A Resolution of the Mayor and Common Council of the
City of San Bernardino approving the 2005 Meadowbrook Single Family
Residential Disposition and Development Agreement by and between the
Redevelopment Agency of the City of San Bernardino and Meadowbrook
Park Homes, Inc. (Affordable Housing Development - IVDA
Redevelopment Project Area). (23A)
RES. CDC/2005-1 - A Resolution of the Community Development
Commission of the City of San Bernardino approving the 2005
Meadowbrook Single Family Residential Disposition and Development
Agreement by and between the Redevelopment Agency of the City of San
Bernardino and Meadowbrook Park Homes, Inc. (Affordable Housing
Development - IVDA Redevelopment Project Area). (23B)
Mayor/Chairman Valles opened the hearing.
Gary Van Osdel, Executive Director, Economic Development Agency,
reviewed highlights from the staff report regarding said project.
No public comments were received.
Council Member/Commissioner Longville stated that even though she heard this
item at the Redevelopment Committee meeting, she was concerned that she had
not received the actual backup materials until shortly before the Council
meeting, which precluded her from reviewing them as she normally would. She
stated she did not feel comfortable registering a "yes" vote when she had not
even read the material.
She stated that she felt there needed to be a policy that was strict and enforced
that unless the Council members have their backup materials by close of
business on Friday evening, the item would not be considered at the Monday
Council meeting.
21 01/10/2005
A short discussion ensued regarding the importance of timely distribution of the
agenda backup materials and the fact that everyone involved in the agenda
process understood her frustration and shared her concerns. No formal action
was taken at this time.
Council Member/Commissioner McCammack stated that in this particular case,
if the City Attorney's Office had signed off on the item and it was the same staff
report that went to Redevelopment Committee, she did not see a problem with
approving it at this time.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that the hearing be closed; and that said
resolutions A and B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2005-11
and Community Development Commission Resolution No. CDC/2005-1 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner McGinnis.
R24. Joint public hearing - Disposition and Development Agreement with the
Redevelopment Agency of the City of San Bernardino & Senior Housing
Advocate Corporation (194 E. 11' Street - Affordable Housing Project)
A Resolution of the Mayor and Common Council of the City of San
Bernardino approving that certain Disposition and Development Agreement
by and between the Redevelopment Agency of the City of San Bernardino
and Senior Housing Advocate Corporation - (194 E. 11`s Street -
Affordable Housing Project in IVDA Redevelopment Project Area).
A Resolution of the Community Development Commission of the City of
San Bernardino approving that certain Disposition and Development
Agreement by and between the Redevelopment Agency of the City of San
Bernardino and Senior Housing Advocate Corporation - (194 E. 11' Street
- Affordable Housing Project in IVDA Redevelopment Project Area).
Note: No backup materials were distributed.
Mayor/Chairman Valles opened the hearing.
Economic Development Agency Executive Director Gary Van Osdel advised
that staff was requesting a continuance of this item to January 24, 2005.
No public comments were received.
22 01/10/2005
Council Member/Commissioner McCammack stated that at the next meeting she
would like to know whether Agency staff had any discussion with the developer
regarding the covenants and their restrictions and the length of time that they
would be required to hold the occupants at senior age level.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the matter be continued to the Council/
Commission meeting of January 24, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
R25. Joint public hearing - Disposition and Development Agreement/Lease
Agreement - El Paseo Petroleum, LLC and related matters (Mt. Vernon
Corridor Redevelopment Project area (Continued from December 20, 2004)
RES. CDC/2005-2 - A Resolution of the Community Development
Commission of the City of San Bernardino approving that certain
Disposition and Development Agreement ("DDA") and Lease Agreement
("Lease") by and between the Redevelopment Agency of the City of San
Bernardino ("Agency") and El Paseo Petroleum, LLC ("Developer") - 5`
& Mt. Vernon in the Mt. Vernon Corridor Redevelopment Project Area.
(R25A)
RES. CDC/2005-3 - A Resolution of the Community Development
Commission of the City of San Bernardino approving a certain
Redevelopment Cooperation and Financing Agreement between the
Redevelopment Agency of the City of San Bernardino and the City of San
Bernardino, California (El Paseo Petroleum, LLC - 5th & Mt. Vernon in
the Mt. Vernon Corridor Redevelopment Project Area). (R25B)
RES. 2005-12 - A Resolution of the Mayor and Common Council of the
City of San Bernardino approving that certain Disposition and Development
Agreement ("DDA") and Lease Agreement ("Lease") by and between the
Redevelopment Agency of the City of San Bernardino ("Agency") and El
Paseo Petroleum, LLC. ("Developer") - 5`h & Mt. Vernon in the Mt.
Vernon Corridor Redevelopment Project Area. (R25C)
RES. 2005-13 - A Resolution of the Mayor and Common Council of the
City of San Bernardino approving a certain Redevelopment Cooperation
and Financing Agreement between the Redevelopment Agency of the City of
San Bernardino and the City of San Bernardino, California (El Paseo
Petroleum, LLC - 5'h & Mt. Vernon in the Mt. Vernon Corridor
Redevelopment Project Area). (R25D)
23 01/10/2005
Mayor/Chairman Valles opened the hearing.
Gary Van Osdel, Executive Director, Economic Development Agency, provided
an overview of pertinent information from the staff report, noting that this was a
deep subsidy project. He pointed out that although the Mt. Vernon Corridor
Redevelopment Project Area was adopted many years ago, to date nothing of
substance has happened in that project area; and staff hoped that this project
would serve as a catalyst on Mt. Vernon to get things going to the north.
No public comments were received.
Council Member/Commissioner Longville stated that there are many parts of the
City that are very similar to the Mt. Vernon corridor. She stated that the reason
she supported this project and was so pleased to see this first agreement is that
when the Agency does the right thing on a corridor to generate economic
development, even if they are upside down on the deal, the fact remains that the
sales tax that is generated will come back to them. Otherwise, the City would
still have a vacant corridor that is not producing any dollars. She stated that she
thought this was the most creative thing she has seen the Council do in terms of
economic development in a distressed neighborhood during her entire seven
years on the Council.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Community Development
Commission authorize staff to initiate a City Development Code Amendment to
Section 19.06.030 (G), related to locational criteria for convenience stores that
are ancillary to a service station, to facilitate the proposed development pursuant
to the DDA between the Agency and the Developer and to facilitate any and all
other similar developments proposed on a City-wide basis; that the hearing be
closed, and that said resolutions A-D, be adopted.
The motion carried and Community Development Commission Resolution Nos.
CDC/2005-2 and CDC/2005-3 and Mayor and Common Council Resolution
Nos. 2005-12 and 2005-13 were adopted by the following vote: Ayes: Council
Member/Commissioners Estrada, Longville, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
26. Public Comments
Reverend Betty Long, 734 West Tenth Street, San Bernardino, CA, spoke
regarding two dangerous incidents involving a fire vehicle that she encountered
while traveling in her wheelchair in the area of 9' and "F" Streets and another
vehicle in the area of "E" Street near 2' Street; and about the problem of
24 01/10/2005
potholes. She requested a Council Ward Map so she would know which
Council member to contact when she had a problem.
Paul Sanborn, 3559 Genevieve Street, San Bernardino, CA, spoke regarding
the merits of Totally Kids and the services they offer.
Rick Avila, Avila Construction, 4022 North "F" Street, San Bernardino, CA,
spoke regarding the most recent developments regarding his lawsuit against the
City.
Deanna Adams, 1156 North "F" Street, San Bernardino, CA, advised that she
was protesting the reservoir project and San Bernardino's use of eminent
domain —that governments in general abuse the use of eminent domain, using it
on the poor and underprivileged and paying them less than fair market value for
their property.
27. Adjournment
At 7:17 p.m., the meeting adjourned to 8:30 a.m., Friday, January 21, 2005 at
California State University, San Bernardino, California.
The next joint regular meeting of the Mayor and Common Council/Community
Development Commission is scheduled for 1:30 p.m., Monday, January 24,
2005, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
No. of Items: 27
No. of Hours: 5.75
RACHEL G. CLARK
City Clerk
By: G . X
Linda E. Hartzel
Deputy City Clerk
25 01/10/2005