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HomeMy WebLinkAbout01-24-2005 MinutesCITY OF SAN BERNARDINO 300 N. "D "Street San Bernardino, CA 92418 Website: www.sbcity.org MTNT ITFS MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT ADJOURNED REGULAR MEETING JANUARY 24, 2005 COUNCIL CHAMBERS Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kelley Rikke Van Johnson Wendy McCammack The joint adjourned 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 1:39 p.m., Monday, January 24, 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, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 VAP (SGLx); Marshall v. City of San Bernardino, et al. - United States District Court Case No. EDCV 04-00272 VAP (SGLx); 1 01/24/2005 City of San Bernardino Municipal Water Department v. The United States Department of the Army - United States District Court Case Nos. CV 96- 8867 & CV 96-5205; Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez, et al. - United States District Court Case No. EDCV 02-142 RT (SGLx); People of the State of California, et al. v. Manta Management Corporation, et al. - San Bernardino County Superior Court Case No. SVCSS 117285; People of the State of California v. Manta Management Corporation, et al. - San Bernardino Superior Court Case No. SCV 18157; Michelle P. Arroyo v. City of San Bernardino, et al. - United States District Court Case No. CV 02-8967 ABC (SHSx) & San Bernardino Superior Court Case No. SCVSS 100619. 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: Claim of Gary Quiel Claim of Paul Krahl 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 Middle Management Fire Safety Employees 2 01/24/2005 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 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") Central City North Redevelopment Project Area 4. Property # 7: 796 West 5' Street, San Bernardino APN 0134-054-25 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and William R. Bland, property owner(s) Under Negotiation: Purchase price, terms, and conditions 5. Property # 8: 795 West 5`h Street, San Bernardino APN 0134-093-41 3 01/24/2005 com 7 K M 10. 11 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Tien Lee International Limited Corp., property owner(s) Under Negotiation: Purchase price, terms, and conditions Property # 9: 755 West 5' Street, San Bernardino APN 0134-093-40 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Patel B. and Premila B. Dashrath, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property # 11: 745 West 5' Street, San Bernardino APN 0134-093-05 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Patrick A. Abitante Trust, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property # 13: 575 West 5' Street, San Bernardino APN 0134-093-07 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and International Capital Investment, Inc., property owner(s) Under Negotiation: Purchase price, terms, and conditions Property # 14: 701 West 5' Street, San Bernardino APN 0134-093-08 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Faas UP Family Trust, property owner(s) Under Negotiation: Purchase price, terms, and conditions Property # 15: Vacant Land APN 0134-054-24 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Fook Sung Investment Co. Ltd., property owner(s) Under Negotiation: Purchase price, terms, and conditions Property # 16: 696 West 5`h Street, San Bernardino APN 0134-061-30 4 01/24/2005 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Christopher C. and Henry C. Ko, property owner(s) Under Negotiation: Purchase price, terms, and conditions 12. Property # 17: 795 West 5' Street, San Bernardino APN 0134-061-22 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Christopher C. and Henry C. Ko, property owner(s) Under Negotiation: Purchase price, terms, and conditions 13. Property # 18: 495 North "G" Street, San Bernardino APN 0134-101-28 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Dae W. and Jeong I. Hong, property owner(s) Under Negotiation: Purchase price, terms, and conditions 14. Property # 19: Vacant Land APN 0134-093-10 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Parlock Holdings, LLC, property owner(s) Under Negotiation: Purchase price, terms, and conditions 15. Property # 23: 708 West 4" Street, San Bernardino APN 0134-093-45 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Chiyo Lapham, property owner(s) Under Negotiation: Purchase price, terms, and conditions 16. Property # 57: Vacant Land APN 0134-101-04, 0134-101-05, 0134-101-06 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and Charles H. and Sarah M. Garner Trust, 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 Item 1B, Significant Exposure to Litigation: 5 01/24/2005 Armada Transport Inc. v. City of San Bernardino San Manuel Neighbors v. City of San Bernardino ACLU v. City of San Bernardino Residents of Verdemont v. City of San Bernardino Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Sister Carmel Crimmins of the Diocese of San Bernardino, followed by the pledge of allegiance, led by Izbeth Valora and Clarence Starr, 12' grade students from Anderson School. 7 3 Appointments • Manfred F. Gildner - Board of Building Commissioners - Council Member/ Commissioner Derry • Felix D'Amico - Board of Police Commissioners - Council Member/ Commissioner Derry • Ronald K. Collins - Community Television Commission - Council Member/ Commissioner Kelley Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve the appointments of Manfred F. Gildner to the Board of Building Commissioners and Felix D'Amico to the Board of Police Commissioners, as requested by Council Member/Commissioner Derry; and Ron Collins to the Community Television Commission, as requested by Council Member/Commissioner Kelley. The motion carried by the following vote: Commissioners Estrada, Longville, McGinnis, McCammack. Nays: None. Absent: None. Presentations & Proclamations Ayes: Council Members/ Derry, Kelley, Johnson, A resolution of commendation was presented to Mr. M.E. "Bud" Melvin for his many years of community service, generosity, and devotion to the City of San Bernardino. A proclamation designating the month of January 2005 as National Mentoring Month was presented to Lemuel Randolph, Director of the Parks, Recreation and Community Services Department, and Rita Coronado, Mentoring Coordinator. 6 01/24/2005 Cl 5. June Durr, Public Information Officer, Mayor's Office, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Valles in recognition of their many years of dedicated service to the City: Name Lori Sassoon Jan Wages Ron Gaston Sylvia Londean Blanche Chavez Medina Gerald Linxwiler Carla Velarde Jerry Hanes Jeffrey Harvey Jon Waterhouse Announcements Department Years of Service City Administrator 10 City Administrator 10 Development Services 15 Finance 15 Finance 15 Library 15 Parks, Recreation & Community 15 Services Police 5 Police 10 Police 30 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. 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, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Council Minutes Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: December 6, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7 01/24/2005 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 18, 2005, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 January 18, 2005 in accordance with Civil Service rules and Personnel policies adopted by the Mayor and Common Council of the City of San Bernardino, be approved and ratified. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 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 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, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10. RES. 2005-14 — Resolution of the Mayor and Common Council of the City of San Bernardino granting an extension of the Cable Franchises with Adelphia Communications, Charter Communications, and Mountain Shadows Cable. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 8 01/24/2005 Resolution No. 2005-14 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. RES. 2005-15 - Resolution of the City of San Bernardino amending Resolution No. 6429, entitled in part "A Resolution ... establishing a basic compensation plan for officers and/or employees of the Police and Fire Departments of the City of San Bernardino." Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-15 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2005-16 - Resolution of the City of San Bernardino implementing a Memorandum of Understanding between the City of San Bernardino and employees in the Middle Management bargaining unit of the City of San Bernardino represented by San Bernardino Public Employees' Association. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; that the Director of Finance be authorized to transfer $88,450 from General Government Non - Department fund to departments with Mid -Management general fund employees; and that the Director of Finance be authorized to amend non -general fund budgets. The motion carried and Resolution No. 2005-16 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2005-17 - Resolution of the City of San Bernardino amending Resolution No. 6413, Section Eleven, entitled in part, "A Resolution ... establishing a basic compensation plan ..."; by codifying prior Council actions (Middle - Management Unit). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-17 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 01/24/2005 14. Approve recommendations of the Fine Arts Commission RES. 2005-21 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Canto Bello Master Chorale for the promotion of arts and culture. (14A) RES. 2005-22 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Inland Dance Theatres, Inc. for the promotion of arts and culture. (14B) RES. 2005-23 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Inland Empire Symphonic Choir for the promotion of arts and culture. (14C) RES. 2005-24 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Junior University of San Bernardino, Inc. for the promotion of arts and culture. (14D) RES. 2005-25 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Prime Time Choraliers for the promotion of arts and culture. (14E) RES. 2005-28 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the San Bernardino Valley Community Concert Association for the promotion of arts and culture. (14F) RES. 2005-26 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Sinfonia Mexicana for the promotion of arts and culture. (14G) RES. 2005-27 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Sturges Family Playhouse & Academy for the promotion of arts and culture. (14IT) City Attorney Penman stated that he would have to abstain on Item No. 14F because his wife is a member of the Board of the Community Concert Association, and he requested that it be taken separately. Council Member/Commissioner Longville stated that she did not agree with giving the organizations more than they asked for. 10 01/24/2005 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Kelley, that said resolutions A-E, G and H, be adopted, as amended, giving each organization the amount originally requested, and that the Fine Arts Commission retain the balance to use as they see fit during this year or to reprogram next year. (The vote was taken following some discussion.) Council Member/Commissioner McCammack asked what percentage of permit fees goes to the fine arts. Jim Ruester, Cultural/Fine Arts and International Affairs Director, stated that it is one-half of one percent. He stated that it varies from year to year because the number of permit fees varies from year to year. Mr. Ruester stated that if there is enough money from fees, no money would be taken from the General Fund, but the City will generally make up the difference. Council Member/Commissioner Derry stated that he did not know what the nexus is between development fees and arts programs. He said he could understand if the City required it for putting art in or near a facility being built as there would be a nexus between the fee itself and what is being provided by that fee. Mr. Derry stated that he understood the importance of the arts, but he felt the money would be better spent on police services. Council Member/Commissioner Estrada explained that cities used to get revenue from the Federal Government that they could distribute to art groups. When that came to an end, the Council chose to look at establishing some kind of fee whereby they could collect money and use it for these purposes. When they found out that it was legal to collect such a fee, they decided to do so without saying what it would be used for. These fees went into the General Fund with a certain amount of money being set aside for the arts. The following individuals spoke in support of the fine arts programs: Maurice Calderon, President of Sinfonia Mexicana and Senior Vice President of Arrowhead Credit Union, stated that their mission is to provide programs rich in culture and tradition by featuring the finest music, artists and conductors. Marie Alonzo, Member of the Fine Arts Commission, 3064 Leroy Street, San Bernardino, CA, thanked the Mayor and Council for their efforts in keeping San Bernardino a great, desirable City. Robin Cochran, Member of the Board of Sinfonia Mexicana, 3456 Parkside Drive, San Bernardino, CA, stated that the Sinfonia celebrates the City's cultural diversity by presenting concerts that foster an appreciation and an understanding of the Mexican and Latin cultures and their contribution to the world of classical music. She stated that the Sinfonia also presents other types of musical concerts, 11 01/24/2005 educational programs, theater events, art events, etc. Ms. Cochran stated that the Sinfonia is a very inclusive organization that tries to involve the whole community by making their programs available to a broad sector of the community. She stated that through private donations they have been able to offer hundreds of tickets to school students to attend their concerts and have recently instituted a program to bring senior citizens from residential facilities, providing tickets and bus transportation at no cost. Anthony Bocanegra, Sinfonia Mexicana, stated that the impact of the arts and the Sinfonia on the community is huge. He reiterated that seniors and students are invited to their events free of charge. Council Member/Commissioner Kelley asked how it is determined which schools will be chosen to receive free tickets or to participate in the programs offered by Sinfonia Mexicana. Mr. Bocanegra stated that they send invitations to the schools, particularly middle and high schools, asking them if they would be interested; however, they are financially limited. Council Member/Commissioner Kelley stated that all schools and senior centers in the City should be given the opportunity to participate. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution F, be adopted as amended, giving the organization the amount originally requested, and that the Fine Arts Commission retain the balance to use as they see fit. The motions carried and Resolution Nos. 2005-21 through 2005-28 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Derry. Absent: None. 15. RES. 2005-18 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order in the amount of $93,096.25 to Coast Recreation, Inc. for the purchase and installation of one (1) gazebo at Meadowbrook Park and four (4) picnic shelters: (1) at Meadowbrook Park; (1) at Littlefield/Shultis Park; and (2) at Anne Shirrells Park. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-18 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12 01/24/2005 16. RES. 2005-19 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a purchase order in the amount of $44,650.00 to Inland Acoustics, Inc. for the purchase and installation of three metal roofs: two (2) metal roofs on restrooms located at Anne Shirrells Park and Speicher Park and one (1) metal roof on picnic shelter located a Nicholson Park. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-19 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2005-20 - A Resolution of the Mayor and Common Council of the City of San Bernardino accepting a Grant Deed from Edward C. Adams for property located at APNs 0148-022-02; 0148-022-03; 0148-022-05; 0268-232-02; 0268-232-03; 0268-232-12, located adjacent to the Water Department's Scott Labs Reservoir property, and commonly known as 2782 Cajon Boulevard, San Bernardino, California and dedicating the property for Water Department use. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-20 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2005-29 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer a grant from the Meacham Foundation for the Animal Shelter's Cat Building renovation project. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-29 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13 01/24/2005 19. RES. 2005-30 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to submit the 2006 Grant Application to the State of California Business, Transportation and Housing Agency, Office of Traffic Safety (OTS) in the amount of $78,500. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-30 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2005-31 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a $7,500 grant application to the GoGirlGo! Grant Program and authorizing the Director of Parks, Recreation and Community Services to administer the grant for the period of April 1, 2005 through April 1, 2006. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. 2005-31 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2005-32 - Resolution of the City of San Bernardino authorizing the Police Department to apply for a California Office of Traffic Safety Enhancement to San Bernardino Traffic Enforcement Program II (Step -II) grant and, if awarded, authorizing the expenditure of funds in accordance with the Grant Expenditure Plan. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-32 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2005-33 - Resolution of the City of San Bernardino authorizing the Police Department to apply for an Indian Gaming Local Community Benefit Grant in the amount of $936,060, and authorizing the expenditure of said grant funds for designated law enforcement purposes. 14 01/24/2005 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-33 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. RES. 2005-34 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement with the City of San Bernardino and the San Bernardino Black Culture Foundation for financial assistance from the Civic and Promotion fund for FY 2004/05. Council Member/Commissioner Johnson stated that he could not support this item because for over three decades the San Bernardino Black History Parade has resided on the west side and he felt it should remain on the west side for various historical, economical, and social reasons. It was the consensus of the Council that the parade should remain on the west side; however, the decision to move the parade was made by a group of individuals whom the Council has no control over. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council approve direct funding in the amount of $4,500; that indirect funding in the amount of $13,550 be transferred from the 2004/05 Civic and Promotion fund to various City departmental accounts as listed in the staff report dated December 10, 2004, from Fred Wilson, City Administrator; and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2005 Black History Parade scheduled for February 5, 2005; and that said resolution be adopted. The motion carried and Resolution No. 2005-34 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, McCammack. Nays: Council Member/Commissioner Johnson. Absent: None. 24. Discuss and take possible action - Vehicle License Fee (VLF) Gap Loan Financing Program Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the City's participation in the California Statewide Communities Development Authority Vehicle License Fee Gap Loan Financing Program be approved in concept, and that staff be directed to bring back the necessary documents for final approval at the February 7, 2005 Council/Commission meeting. 15 01/24/2005 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Public meeting - formation of a landscape maintenance assessment district in the Belmont Avenue and Magnolia Avenue area (AD 1037 - Tract No. 13630) Mayor/Chairman Valles opened the meeting. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that the public meeting be closed; and protests and ballots, if any, be carried over to the public hearing on February 7, 2005, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Public meeting - formation of a landscape maintenance assessment district in the Orange Show Road and Arrowhead Avenue area (AD 1038 - Parcel Map No. 16222) Mayor/Chairman Valles opened the meeting. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the public meeting be closed; and protests and ballots, if any, be carried over to the public hearing on February 7, 2005, at 4:00 p.m. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Resolution of the Mayor and Common Council of the City of San Bernardino approving the San Bernardino City Professional Firefighters Welfare Benefit Plan authorizing payroll deductions by the City of San Bernardino for participating members. (Continued from October 18, 2004) Note: No backup materials were distributed. 16 01/24/2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. RES. 2005-35 - Resolution of the Mayor and Common Council of the City of San Bernardino confirming the existence of a local emergency and ratifying the Mayor's issuance of a proclamation declaring the existence of a local emergency. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-35 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. RES. 2005-36 - Resolution of the City of San Bernardino amending Resolution No. 2005-2, entitled in part to read "Resolution ... 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 ... to be known as Assessment District No. 1036 ..." and changing the public meeting date from February 21, 2005 to February 22, 2005. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-36 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Workshop - presentation by Chuck Bader of Strategic Education Services regarding state legislative issues Mr. Bader discussed the State's economy, revenue volatility, the Governor's budget proposal, and Proposition 1A. No action was taken. 17 01/24/2005 COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Members/Commissioners Estrada, Longville. R31. Joint public hearing - Disposition and Development Agreement with the Redevelopment Agency of the City of San Bernardino and Senior Housing Advocate Corporation (194 E. 11`s Street - Affordable Housing Project.) (Continued from January 10, 2005) RES. 2005-37 - A Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 Affordable Single Family Housing 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 the IVDA Redevelopment Project Area). (R31A) RES. CDC/2005-4 - A Resolution of the Community Development Commission of the City of San Bernardino approving the 2005 Affordable Single Family Housing 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 the IVDA Redevelopment Project Area). (R31B) The hearing remained opened. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions A and B, be adopted. Mayor and Common Council Resolution No. 2005-37 and Community Development Commission Resolution No. CDC/2005-4 were adopted by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: Council Members/ Commissioners Estrada, Longville. 32. Public Comments Reverend Betty Long, 734 W. 10' Street, San Bernardino, CA, requested that potholes and sidewalks be repaired and asked what was going to be done to provide more shelters for the homeless. 18 01/24/2005 Parrish Highley, 26127 Edgemont Drive, Highland, CA, asked the Mayor and City Council to adopt a formal resolution opposing any further fee to trust transfers to the San Manuel Tribe. He also stated that the resolution to oppose the liquor license for the new casino was not any sort of grandstanding by Councilman Derry, but was very much reflective of the wishes of the community that surrounds the reservation. Deanna Adams, 1156 N. "F" Street, San Bernardino, CA, spoke in opposition to the North and South Lake Project. Joseph Green, City employee, 631 N. Crescent Avenue, San Bernardino, CA, stated that he believed the General Unit employees should receive a Cost of Living Adjustment (COLA). Bonnie Clarke, San Bernardino Public Employees Association General Unit representative, 433 N. Sierra Way, San Bernardino, CA, asked the Council to recognize the contributions of these employees and direct the City's chief negotiator to return to the bargaining table. Paul Munz, City employee, 25401 Foothill Blvd., San Bernardino, CA, stated that the General Unit employees deserve acknowledgement. Judi Penman, Chamber of Commerce, 546 W. 6' Street, San Bernardino, CA, thanked the Council for supporting the arts. Lee Jones, City employee, 1792 W. Mallory, San Bernardino, CA, asked that all employees be treated fairly. Charles Greenwood, City employee, 3935 Modesto Drive, San Bernardino, CA, stated that they expect to be treated fairly. Jack Banuelos, City employee, 6106 Layton Street, Alta Loma, CA, stated that their contract with the City has not been settled. He complained that employees in other departments such as Police, Fire and Water receive better treatment than they do and added that everyone should be treated equally. Barry Reynolds, City employee, stated that the General Unit employees would like the City to reconsider its last offer and try to come up with something more fair and equitable to everyone involved. Jeff Schafer, City employee, 7457 Crimson Drive, Highland, CA, stated that their salaries should reflect the latest cost of living increase. Bernardo Guevara, City employee, 12054 Flintlock Trail, Moreno Valley, CA, requested that they be treated fairly. 19 01/24/2005 33. Adjournment At 7:18 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, February 7, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 33 No. of Hours: 5.5 RACHEL G. CLARK City Clerk Linda Sutherland Deputy City Clerk 20 01/24/2005