HomeMy WebLinkAbout12-06-2004 MinutesMiNi JTF.S
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 6, 2004
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 1:35 p.m., Monday, December 6, 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,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Member/Commissioner Johnson.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
City of San Bernardino Municipal Water Department v. The United States
Department of the Army - U.S. District Court Case Nos. CV 96-8867 & CV
96-5205;
City of San Bernardino, a Municipal Corporation and the Economic
Development Agency for the City of San Bernardino v. Valerie Pope -
Ludlam, Edward Negrete, Yolanda Negrete, Michael Beauregard, Allan
Steward, Inc., Steward & Associates, et al. - San Bernardino Superior Court
Case No. SCVSS 108965;
La France Hamilton v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 00-107 RT (RNBx);
Michael S. Curry v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 117294;
W-411-0.11AD
In Re: 1356 & 1358 Hillside Drive - San Bernardino Superior Court Case
No. SCVSS 120701;
Dale Blackwell v. City of San Bernardino, et al. - San Bernardino Superior
Court Case No. SCVSS 096441, 0' District Court of Appeals Case No. EO
35038;
Stephen Peach v. City of San Bernardino, et al. - United States District
Court Case No. CV 03-9189 GAF.
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:
San Bernardino City Professional Firefighters Local 891 v. City of
San Bernardino and Larry Pitzer, Fire Chief
C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to subdivision (c) of Government Code Section 54956.9.
D. Closed Session - personnel - pursuant to Government Code Section 54957.
E. Closed session with Chief of Police on matters posing a threat to the security
of public buildings or threat to the public's right of access to public services
or public facilities - pursuant to Government Code Section 54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
Negotiator:
Linn Livingston, Human Resources Director
Employee Organizations:
General Unit
Mid -Management
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property: 247 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: Terms and conditions
Uptown Project Area
3. Property: 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')
Council Member/Commissioner Johnson Arrived
At 1:45 p.m., Council Member/Commissioner Johnson arrived at the Council/Commission
meeting.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Chaplain David Randolph of San Bernardino Community
Hospital, followed by the pledge of allegiance, led by Jessie Rodriguez, a 12' grade student
from Anderson School.
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Moment of Silence
Mayor/Chairman Valles extended condolences to the families of Gilbert Baeza, a lifelong
resident of San Bernardino and an employee of the Public Services Department for 35
years; Juanita Oberhelman, a resident of San Bernardino for 59 years and the mother of
former Councilman Dave Oberhelman; and Albert Andon, an employee of the City of San
Bernardino Employment and Training Agency since 1988, and requested that a moment of
silence be observed in their memory.
2. Appointments
There were no commission appointments.
3. Presentations
Linda Ceballos, Environmental Project Manager in the Public Services Department,
and Sarah Mills of the Community Energy Partnership presented awards to Jazmin
Fuentes, Abigail Escobar, and Daisy Naranjo of Lincoln Elementary School, the
winners of the "Peak Student Energy Actions, Flex Your Power Now" student
poster contest.
June Darr, Public Information Officer, Mayor's Office, announced that the recipient
of the Second Quarter 2004 Customer Service Award was Erlynne Parcon, Library
Technician I at the Howard Rowe Branch Library; and the recipient of the Third
Quarter 2004 Customer Service Award was Lelia Worthy, Community Services
Officer II at the Police Department, Central District.
Resolutions of commendation were presented to Ann Harris and Amador "Moe"
Estevene on the occasion of their retirement from the City's Economic Development
Agency.
Mayor Valles presented a special gift to Graciano Gomez, owner/publisher of Inland
Empire Hispanic News, on the occasion of his 80' birthday.
Police Chief Zimmon presented a report on area crime rate statistics.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities.
4 12/06/2004
5
31
7
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, 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, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
Claims & Payroll
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated November 24, 2004, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Personnel Actions
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the personnel actions as submitted by the
Chief Examiner dated November 23, 2004 (Revised 12/6/04) 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
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
8. Set workshop - Monday, January 24, 2005 at 5:30 p.m. - MIC Room -
presentation by Chuck Bader of Strategic Education Services regarding state
legislative issues
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that a workshop be scheduled for Monday,
January 24, 2005, at 5:30 p.m. in the MIC Room at City Hall for a presentation by
Chuck Bader of Strategic Education Services regarding state legislative issues.
5 12/06/2004
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
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.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council confirm the
need for continuing in effect the local emergency caused by the Old Waterman
Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
10. RES. 2004-379 - Resolution of the Mayor and Common Council of the City of
San Bernardino, California, reciting the facts of the Special Municipal Election
held on the 2nd day of November 2004, declaring the results thereof and setting
forth such other matters as are provided by law.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2004-379 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. RES. 2004-373 - Resolution of the City of San Bernardino approving a Services
Agreement with FPL and Associates, Inc. for design of traffic signal, street and
storm drain improvements at Highland Avenue and Central Avenue, TC04-27
and SD04-15 (City funded projects).
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-373 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6 12/06/2004
12. RES. 2004-380 - Resolution of the City of San Bernardino approving a Services
Agreement with Transtech Engineers, Inc. for the design of new traffic signals
and signal modifications at six locations (City -funded projects).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2004-380 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. RES. 2004-374 - Resolution of the City of San Bernardino authorizing the
execution of Amendment No. 1 to Construction and Maintenance Agreement
between the City of San Bernardino and the Southern California Regional Rail
Authority (SCRRA) to construct the Redlands Subdivision "First Mile"
Improvements.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-374 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. Determination of Public Convenience or Necessity for a Type 20 (off -sale beer &
wine) ABC License for a service station with a 1,940 square foot convenience
store located at 906 North Waterman Avenue in the CG-1, Commercial
General, land use district
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council determine
that the public convenience or necessity would be served by the issuance of the
license and direct the Development Services Department to send a letter to the
Department of Alcoholic Beverage Control for a Type 20 (off -sale beer and wine)
ABC License for a service station with a 1,904 square foot convenience store located
at 906 North Waterman Avenue in the CG-1, Commercial General, land use district.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
7 12/06/2004
15. RES. 2004-383 - Resolution of the City of San Bernardino approving a Services
Agreement with TY Lin International for the preparation of a project study
report/project report for the University Parkway/Interstate 215 Interchange
Loop Entrance Ramp project.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that the Community Development Commission
authorize $100,000 of State College Bond Proceeds be utilized for funding the
preparation of the Project Study Report/Project Report (PSR/PR) for the University
Parkway/Interstate 215 Interchange Loop Ramp project; and that said resolution be
adopted.
The motion carried and Resolution No. 2004-383 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
16. Set workshop - Monday, January 10, 2005 at 5:30 p.m. - Economic
Development Agency Boardroom - review General Plan
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council set a
workshop for Monday, January 10, 2005, at 5:30 p.m. in the Economic
Development Agency Boardroom to review the General Plan.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
17. Resolutions authorizing the execution of Amendment No. Two to Professional
Services Agreement with Lim & Nascimento Engineering Corporation and
Amendment No. One with Myra L. Frank/Jones & Stokes for provision of
professional environmental services for the design of the Mt. Vernon Avenue
Viaduct over the BNSF Railroad
Resolution of the City of San Bernardino approving Amendment No. 2 to
Services Agreement with Lim & Nascimento Engineering Corporation for
project management of the Mt. Vernon Avenue Viaduct over the BNSF
Railroad. (17A)
Resolution of the City of San Bernardino approving Amendment No. 1 to
Services Agreement with Myra L. Frank/Jones & Stokes for provision of
professional environmental services for the design of the Mt. Vernon Ave.
Viaduct over the BNSF Railroad. (17B)
8 12/06/2004
Council Member/Commissioner Estrada requested that this matter be continued for
two weeks and a meeting be held with the City Engineer and Mr. Nascimento to
discuss her concerns.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of December 20, 2004.
The motion carried by the following vote:
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
18. RES. 2004-375 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Agreement with and issuance of
a purchase order to Gladstein, Neandross and Associates LLC in the amount of
$153,610.00 to design a CNG/LCNG fueling station for the City of San
Bernardino.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-375 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
19. RES. 2004-376 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the execution of a contract with and issuance of a
purchase order to Gray/I.C.E. Builders, Inc. for the Boys and Girls Club ADA
restroom renovation project in the City of San Bernardino.
Council Member/Commissioner Johnson abstained on this matter because he is a
member of the Board of the Boys and Girls Club.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2004/05 adopted budget and
increase Account No. 001-321-5706 by $9,900 and the offsetting revenue account by
$9,900 to reflect the County Community Development Block Grant (CDBG)
reimbursement to be received.
The motion carried and Resolution No. 2004-376 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, McCammack. Nays: None. Abstentions: Council Member/Commissioner
Johnson. Absent: None.
9 12/06/2004
20. Fiscal Year 2003/2004 to Fiscal Year 2004/2005 Continuing Appropriations and
Encumbrance Carryovers
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council approve the
listing of Fiscal Year 2003/2004 Continuing Appropriations and Encumbrance
Carryovers into Fiscal Year 2004/2005.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
21. RES. 2004-377 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Purchasing Manager or designee to issue a
purchase order to Motorola, Inc. in the amount of $79,716.12 for twenty-one
(21) XTS 5000 Model III portable radios.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-377 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
22. Establishment of salaries for Fire Department Ranges Pl, P2, P3, P4, P5, P6,
P7, Fire Marshal, Training Officer, and Firefighter Trainee; and Police
Department Pl, P2, P3, and Law Enforcement Trainee, effective August 1,
2004
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the salaries for the following classifications
be established as outlined in the staff report dated November 23, 2004 from Linn
Livingston, Human Resources Director, effective August 1, 2004: Fire Department
Pl (Firefighter); P2 (Firefighter/Paramedic); P3 (Fire Engineer); P4 (Fire
Investigator and Captain); P5 (Battalion Chief); P6 (Deputy Fire Chief); P7 (Fire
Chief); Fire Marshal; Training Officer; and Firefighter Trainee; and for Police
Department Pl (Police Officer); P2 (Detective); and P3 (Sergeant); and Law
Enforcement Trainee; and
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council authorize
the Director of Finance to amend the Fiscal Year 2004/2005 budget to transfer
$856,000 from the General Government budget (Account No. 001-092-5011) to the
Fire Department budget in the General Fund; and
10 12/06/2004
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council authorize
the Director of Finance to amend the Fiscal Year 2004/2005 budget to transfer
$789,900 from the General Government budget (Account No. 001-092-5011) to the
Police Department budget in the General Fund; and
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the Human Resources Department prepare an
amendment to Resolution No. 6429 to reflect the revised salaries.
The motions
carried by
the following vote:
Ayes: Council Members/
Commissioners
Estrada,
Longville, McGinnis,
Derry, Kelley, Johnson,
McCammack.
Nays: None.
Absent: None.
23. RES. 2004-378 - Resolution of the City of San Bernardino authorizing the
Police Department to enter into a Joint Services Agreement with the San
Bernardino County Sheriffs Department to coordinate law enforcement service
delivery in the contiguous residential area around the San Manuel Band of
Mission Indians Casino.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-378 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
24. Resolutions applying for and administering grants from the Roberti-Z'Berg-
Harris Urbanized Area Need -basis Program
RES. 2004-384 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to apply for and administer a grant from the Roberti-Z'Berg-Harris
Urbanized Area Need -basis Program under the California Clean Water, Clean
Air, Safe Neighborhood Parks, and Coastal Protection Act of 2002 for the
Perris Hill Senior Center expansion. (24A)
Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor of the City of San Bernardino or her designee to apply
for and administer a grant from the Roberti-Z`Berg-Harris Urbanized Area
Need -basis Program under the California Clean Water, Clean Air, Safe
Neighborhood Parks, and Coastal Protection Act of 2002 for the renovation of
the Norton Recreation Center. (24B)
11 12/06/2004
Council Member/Commissioner Longville requested that only the application for the
Perris Hill Senior Center expansion be forwarded.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution A be adopted.
Resolution No. 2004-384 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
25. Receive and file the Fiscal Year 2003/04 Preliminary Year -End Report and the
Fiscal Year 2004/05 First Quarter Report
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council receive and
file the Fiscal Year 2003/04 Preliminary Year -End Report and the Fiscal Year
2004/05 First Quarter Report.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays:
None. Absent: None.
26. Public hearing - proposed expenditures of monies allocated from the FY
2004/2005 Local Law Enforcement Block Grant (LLEBG) (Continued from
November 15, 2004)
RES. 2004-381 - Resolution of the City of San Bernardino authorizing the
Mayor and Common Council to obligate and expend the allocated FY 04105
Local Law Enforcement Block Grant (LLEBG) funds for law enforcement
support expenditures.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
12 12/06/2004
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted; and that the Director of Finance be authorized to amend the
FY 2004/2005 budget to transfer $128,300 from the Booking Fee Trust as revenue
into the General Fund (Account No. 001-000-4740 Miscellaneous Police Receipts
$45,300) and Information Services Fund (Account No. 679-000-4901 Miscellaneous
Information Services revenue $83,000); to appropriate $128,300 to the Police
Department's budget (Account No. 001-221-50xx Salaries and Benefits $45,300),
and the Information Services Department's budget (Account No. 679-251-50xx
Salaries and Benefits $83,000); and to adjust the Information Services and Asset
Forfeiture Budgets to reflect the shifting of $76,000 in equipment costs from the
Information Services Fund (Account No. 679-251-5702) to the Asset Forfeiture
Fund (Account No. 108-271-5702) as discussed in the staff report dated December
1, 2004, from Police Chief Garrett Zimmon.
The motion carried and Resolution No. 2004-381 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
27. Public hearing - resolution ordering work - Magnolia Avenue and Ohio Avenue
Area Landscape Maintenance Assessment District No. 1030 - Tract No. 14604
RES. 2004-382 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
representing at least fifty percent (50%) affirmative votes for the proposed
assessment have been received and that the public convenience and necessity
require the maintenance of landscaping in the area of Magnolia Avenue and
Ohio Avenue, approving the final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1030, ordering the work, confirming the 2005-2006 Assessment Roll, and
determining that the Special Assessment Investigation, Limitation and Majority
Protest Act of 1931 shall not apply.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2004-382 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
13 12/06/2004
28. RES. 2004-385 - Resolution of the City of San Bernardino approving a
Professional Services Agreement with Transtech Engineers, Inc. for planning,
architecture and engineering services to prepare the Santa Fe Depot District
Area Plan. (Continued from November 15, 2004)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Finance be authorized to
amend the Fiscal Year 2004/05 budget to transfer a total of $90,000 from various
Capital Improvement Program (CIP) projects within the Santa Fe Depot District to
the Santa Fe Depot District Area Plan project, as detailed in the staff report dated
November 4, 2004, from James Funk, Director of Development Services; and that
said resolution be adopted.
The motion carried and Resolution No. 2004-385 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Kelley, Johnson, McCammack. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
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, Economic Development
Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: None.
R29. Joint Public Hearing to consider approval of the Meadowbrook Single Family
Residential Development Agreement with ANR Industries, Incorporated
Staff requested that this matter be continued to December 20, 2004.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the matter be continued to the
Council/Commission meeting of December 20, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Johnson, McCammack. Nays: None.
Absent: Council Member/Commissioner Kelley.
R30. Joint Public Hearing - proposed Disposition and Development Agreement
between the Redevelopment Agency and Waterman Holdings, LLC related to
the southwest corner of f' and Waterman (APN 0135-191-11) - Central City
East Redevelopment Project Area
14 12/06/2004
RES. 2004-386 - A Resolution of the Mayor and Common Council of the City of
San Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino to Waterman Holdings
LLC (4' & Waterman Avenue - APN 0135-191-11). (R30A)
RES. CDC/2004-49 - A Resolution of the Community Development Commission
of the City of San Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino to Waterman Holdings,
LLC and authorizing the Agency Executive Director to execute the Disposition
and Development Agreement between the Agency and Waterman Holdings,
LLC (4'h & Waterman Avenue - APN 0135-191-11). (R30B)
Mayor/Chairman Valles opened the hearing.
Gary Van Osdel, Economic Development Agency Executive Director, presented
highlights of the staff report.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the hearing be closed; and that said resolutions
A & B, be adopted.
The motion carried and Mayor and Common Council Resolution No. 2004-386 and
Community Development Commission Resolution No. CDC/2004-49 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
R31. Joint Public hearing - Disposition and Development Agreement with Bruce
Gilevich and Jon Christiansen for purchase of Agency property located at 5055
N. Hallmark Parkway
RES. 2004-387 - A Resolution of the Mayor and Common Council of the City of
San Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino to Bruce Gilevich and Jon
Christiansen (5055 N. Hallmark Parkway) (R31A)
RES. CDC/2004-50 - A Resolution of the Community Development Commission
of the City of San Bernardino approving the sale of certain real property by the
Redevelopment Agency of the City of San Bernardino to Bruce Gilevich and Jon
Christiansen, and authorizing the Agency Executive Director to execute the
Disposition and Development Agreement between the Agency and Bruce
Gilevich and Jon Christiansen (5055 N. Hallmark Parkway) (R31B)
Mayor/Chairman Valles opened the hearing.
15 12/06/2004
Gary Van Osdel, Economic Development Agency Executive Director, presented
highlights of the staff report.
City Attorney Penman stated that the $735,000 the Agency will receive for the above
property is totally unrestricted money that the Mayor and Common Council could
use for paving streets, filling potholes, putting up signs, purchasing equipment,
hiring fire/police personnel, or for Code Enforcement.
Council Member/Commissioner Estrada stated that she understood the need for a
safe community; however, she also supported the Redevelopment Agency having the
resources to do the economic development that has to occur in the community to
support the City. She stated that you have to have jobs because they create the
economic vitality that provides the sales tax that can be used to clean streets and cut
down trees. She stated that the State has robbed cities blind and has made it tough
for our communities to provide the services and safety that our residents deserve.
Council Member/Commissioner Longville stated that while it may be true that the
City could take land sale proceeds and use them for City needs, there would be a
real danger in using one-time revenue for ongoing expenses like police officers
because it wouldn't be available next year. She stated that she believes the Agency's
work is important because a healthier community is a safer community and you
wouldn't have the level of vagrancy and crime if you had stronger commercial
corridors in the challenged areas of the City.
No public comments were received.
Council Member/Commissioner Johnson
Member/Commissioner McGinnis, that
resolutions A & B, be adopted.
made a motion, seconded by Council
the hearing be closed; and that said
The motion carried and Mayor and Common Council Resolution No. 2004-387 and
Community Development Commission Resolution No. CDC/2004-50 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
R32. Award of professional services contract(s) for preparation of the City's new
Five -Year (2005/2010) Consolidated Plan and Analysis of Impediments to Fair
Housing Choice
RES. CDC/2004-48 - A Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive Director
of the Redevelopment Agency of the City of San Bernardino ("Agency") to
execute the Professional Services Agreement by and between
Cotton/Bridges/Associates ("Consultant") and the Agency.
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Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. CDC/2004-48 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
R33. Proposal to increase the capital contribution to the Grow San Bernardino Fund
by an additional $250,000 — Totally Kids, Inc. Project (Continued from
November 15, 2004)
Paul Sanborn, 3559 Genevieve Street, San Bernardino, CA, stated that he felt
Totally Kids was a worthwhile project and urged the Council to approve it.
Roger Henderson, 2516 Valencia Avenue, San Bernardino, CA, spoke in
opposition to the project and stated that Totally Kids is a for -profit business that has
$25 million worth of assets.
Council Member/Commissioner Longville stated that she could not support this
project because there are other higher priority areas within the City that are crying
out for Economic Development Agency (EDA) investment.
Council Member/Commissioner Derry stated that EDA's function is to create jobs
and bring economic development to the City.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Johnson, that the Community Development Commission of
the City of San Bernardino approve and authorize the deposit of an additional
$250,000 with Grow America Fund, Inc., by the Redevelopment Agency for credit
to the Grow San Bernardino Fund account, subject to the Inland Valley Development
Agency (IVDA) agreeing to contribute a like amount, with said amounts to be repaid
to the IVDA and the Redevelopment Agency on or before five (5) years from the
date of the loan in the name of the Grow San Bernardino Fund.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, McGinnis, Derry, Johnson. Nays: Council Members/Commissioners
Longville, Kelley, McCammack. Absent: None.
Note: Council Member/Commissioner Kelley originally voted to approve this
matter; however, he indicated that he had made an error and subsequently changed
his vote.
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34. Appeals of Planning Commission's approval of Conditional Use Permit No. 04-
08 to establish an Indoor Retail Concession Mall in a former grocery store at
2045 E. Highland Avenue in the CG-1, Commercial General, land use district
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner, provided highlights of the staff report.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
Gary Miller, representing the applicant, 350 W. 5' Street, San Bernardino, CA,
stated that Mr. Yee will spend nearly $1 million to improve the subject property and
the City will have a fully occupied building; conditions imposed by the City will
assure quality of finish and quality of tenants, which will help anchor and revitalize
an existing retail center; the project will enhance the neighborhood and bring new
retail sales and tax revenue; there will be 60 new employees and 42 new tenants and
it is expected that 100 people will eat at the facility daily. Mr. Miller stated that the
mall will be managed by a company that has proven to be successful in this kind of
operation.
Bill Lemann, Attorney with Fullerton, Lemann, Schaefer & Dominick, stated that
they returned to the Planning Commission on a number of occasions and on each
occasion the Commissioners, in an effort to make the East Highland Avenue
Corridor more green -belt designed and warm and friendly, added additional items
that will total $100,000. He stated that this shows that Mr. Yee is more than
anxious to move forward with this project and to be cooperative and do those things
the City has asked him to do. Mr. Lemann stated that the urgency ordinace was
discussed at length and Mr. Yee indicated that he would make certain that as a
condition of approval none of the restricted businesses would be in his facility.
Harold Willis, San Bernardino businessman, questioned what controls would be put
into place to keep this facility from becoming a swap meet.
Michelle Lee, 6236 Dartmouth Avenue, Rancho Cucamonga, CA, spoke in
opposition to the project.
Devin Wood, 7474 Red Clover Way, East Highland, CA, stated that he felt this
facility would eventually turn into a swap meet that would attract low income people
to the Highland area.
Council Member/Commissioner Estrada stated that she wanted to make sure that this
facility does not turn into a swap meet and asked if some type of condition could be
included in the permit.
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Ms. Ross stated that she believed every applicant had to be afforded due process, but
noted that the City has the ability to revoke a Conditional Use Permit or any other
application if the applicant is operating the business in violation of what was
approved by the Commission, Council, or even the Development Review
Committee, and/or if there are any violations to the Conditions of Approval. She
stated that if they do find out that there are concerns with the merchandise being sold
there, and if it is in conflict with what was approved by the Council, then the City
Attorney's Office could initiate revocation proceedings.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; and that the Mayor
and Common Council deny the appeals and uphold the Planning Commission's
approval of Conditional Use Permit No. 04-08, based upon the Findings of Fact
contained in the Planning Commission staff report, subject to the Conditions of
Approval as amended, and standard requirements.
The motion carried by the following vote
Estrada, Longville, McGinnis, Derry,
None. Absent: None.
35. Public Comments
Ayes: Council Members/Commissioners
Kelley, Johnson, McCammack. Nays:
Ron Cruz, Servant's Heart for the Homeless, 1255 Congress, San Bernardino, CA,
spoke regarding the increasing homeless problem in downtown San Bernardino and
the need for shelters.
Margaret Shively, Servant's Heart for the Homeless, 30595 Pauma Place, Canyon
Lake, CA, spoke regarding the regular sweeps made by the Police Department and
Code Enforcement to remove the homeless from the City. She expressed her
concern over using thousands of dollars in City Police and staff time to temporarily
band -aid the problem with no long term results. She stated that a good start would
be for the City to donate an abandoned building or a vacant lot to be used as an
emergency shelter during the coldest months of the year and policed by volunteers.
City Attorney Penman stated that if the City were to house people they would have
to do all the things a non-profit business would have to do to bring the buildings up
to code.
Reverend Betty Long, 734 W. 10' Street, San Bernardino, CA, spoke regarding
the Lakes and Streams Project.
Paul Sanborn, 3559 Genevieve Street, San Bernardino, CA, urged the Mayor to
run again in the next election.
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Deanna Adams, Minister at the Victory Chapel, 1156 N. "F" Street, San
Bernardino, CA, spoke regarding the blight in downtown San Bernardino,
particularly along Third Street.
John Stevens, P.O. Box 24, San Bernardino, CA, spoke regarding the homeless and
the fact that nobody wants to help them.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding corruption
in the last election and the homeless problem.
Jim Penman, 221 E. Marshall Blvd., San Bernardino, CA, stated that he will speak
out if he sees something he believes is wrong, and he apologized if it hurt anyone's
feelings, but he indicated that he would not stop speaking out for things he thinks are
right.
Albert Monson, 3777 Lynwood, Highland, CA, volunteer for Servant's Heart for
the Homeless, stated that in the homeless shelters in the City of San Bernardino there
are 136 available beds, but over 1,800 beds are needed. He suggested forming an
Ad Hoc Committee consisting of a couple Council members, key City staff and
citizen volunteer organizations to plan an approach to this project.
Mayor Valles stated that homelessness is a national problem that needs to be
addressed. She stated that the City has been working with the County in compliance
with the President's directive that every community must have a ten-year plan to end
homelessness, but so far it has been all talk. The Mayor stated that she appreciated
Mr. Monson's offer to work on a committee to help address the problem, but the
need for funding is critical. She told Mr. Monson that City staff would be
contacting him in order to help work on a plan of action.
36. Adjournment
At 8:10 p.m., the meeting adjourned. The next joint regular meeting of the Mayor
and Common Council/Community Development Commission is scheduled for 1:30
p.m., Monday, December 20, 2004, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 36
No. of Hours: 6
RACHEL G. CLARK
City Clerk
By
Linda Sutherland
Deputy City Clerk
20 12/06/2004