Loading...
HomeMy WebLinkAbout05-02-2005 MinutesMayor Judith Valles Council Members: CITY OF SAN BERNARDINO Esther Estrada 300 N. "D "Street Susan Longville Gordon McGinnis San Bernardino, CA 92418 Neil Derry Website: www.sbcity.org Chas Kelley Rikke Van Johnson Wendy McCammack MINI ITF.S MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MAY 2, 2005 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:37 p.m., Monday, May 2, 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): Sequenta Lawrence, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 04-00336 RT (SGLx); Laurie Tully v. City of San Bernardino - Workers Compensation Appeals Board Case No. 80 SBR 76408; 1 05/02/2005 Fire Captain Ralph P. Romero, an individual v. City Attorney James Penman, an individual and in his official capacity; City Council Member Wendy McCammack, as an individual and in her official capacity, and Does 1 through 10 inclusive - United States District Court Case No. 5:05-CV-00329-SGL; Mohammed Fawzi Hassan, et al. v. City of San Bernardino et al. - United States District Court Case No. EDCV 05-328 VAP (SGLx); Juan Espinoza, et al. v. City of San Bernardino, et al. - United States District Court Case No. EDCV 04-1513 SVW (SGLx). B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of Government Code Section 54956.9. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. 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 Organization: San Bernardino Police Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: 247 W. Third Street 2 05/02/2005 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: Terms and conditions Uptown Redevelopment Project Area 3. Property: APN 0145-242-32 and APN 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 Address: 708 W. 4`° Street 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 5. Property Address: 495 N. "G" Street APN 0134-101-28 3 05/02/2005 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Dae W. Hong and Jeong I. Hong, property owners Under Negotiation: Purchase price, terms and conditions City Attorney Penman advised that the following items would be discussed in closed session: Agenda Item Nos. 21 through 26 and R31. Closed Session Announcement City Attorney Penman announced that during closed session the following actions were taken: The Council voted unanimously in the matter of Mohammed Fawzi Hassan, an individual, and Armada Transport, Inc. v. City of San Bernardino; Fred Wilson, City Administrator; Judith Valles, James F. Penman, and Garrett W. Zimmon, as individuals; and Does 1 through 10 inclusive - to hire Mr. Odlum of the law firm of Odlum & Haws to defend the City and those individuals and waiving any potential conflicts; The Council voted unanimously in the matter of Fire Captain Ralph P. Romero, an individual, v. City Attorney James Penman, as an individual and in his official capacity; City Council Member Wendy McCammack, as an individual and in her official capacity; and Does 1 through 10 inclusive - to hire Joe Arias of the law firm of Arias, Lockwood & Gray to defend the City Attorney and the City Council Member, and waiving any potential conflicts. 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, Community Development Commission, and San Bemardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Council Member/Commissioner Johnson, followed by the pledge of allegiance, led by Vincent Bunn and Reanna Chaboya from Bradley Elementary School. Moment of Silence Mayor/Chairman Valles extended condolences to the family and requested a moment of silence in memory of Ted Carry, who was employed by the City as Manager of the Downtown Senior Center and recently passed away. 4 05/02/2005 2. Appointments There were no Commission appointments. 3. Proclamations & Presentations Mayor/Chairman Valles presented a proclamation designating May 2, 2005, as Communities Grow with McDonald's Day in the City of San Bernardino to Matt Florez and Dick Shaloub. A proclamation designating May 1 through May 7, 2005, as Municipal Clerks Week in the City of San Bernardino was presented to City Clerk Rachel Clark by Mayor/ Chairman Valles. Mayor/Chairman Valles presented a proclamation designating May 2005 as Law Enforcement Month in the City of San Bernardino to Jack Hill from the Chamber of Commerce. Richard Schindler and Valerie Parmenter, representing the Downtown Business Association, presented a proposal to silkscreen the windows of the.old Harris Building to make it look like a viable building and asked for the support of the Mayor and Council in accomplishing this beautification project. June Dort, Public Information Officer, Mayor's Office, announced that the month of May has been proclaimed California's Toddler Immunization Month by the San Bernardino County Department of Public Health; and encouraged all parents to keep their children on schedule with their immunizations. 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 Johnson, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 5 05/02/2005 6. Council Minutes Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meetings of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: April 4, 2005 and April 18, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 7. Claims & Payroll Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated April 26, 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 Johnson, that the personnel actions as submitted by the Chief Examiner dated April 26, 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. Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney's Office. City Attorney Penman advised that the updated copy of the staff report omitted some of the items that had originally been designated for destruction. 6 05/02/2005 Following a short discussion wherein Mr. Penman updated the Council on the scope of the City Attorney's storage requirements and the fact that he, personally, did not like to destroy any records, the following action was taken: Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, Derry, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: None. 10. RES. 2005-98 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Best, Best & Krieger and the City of San Bernardino to represent the City in the case of Ronald Van Rossum v. City of San Bernardino, State Office of Administrative Hearing File No. L2005-0229. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-98 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 11. ORD. MC-1195 - An Ordinance of the City of San Bernardino amending Section 8.60.070(P) of the San Bernardino Municipal Code, adding Section 8.60.095 to the San Bernardino Municipal Code, and amending Sections 8.60.130(A) and (C) of the San Bernardino Municipal Code relating to fireworks. FINAL READING (Continued from April 18, 2005) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said ordinance be adopted; and that the Director of Finance be authorized to amend the FY 2004/05 budget as indicated in the staff report dated April 13, 2005, from James F. Penman, City Attorney. The motion carried and Ordinance No. MC-1195 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. 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 05/02/2005 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, 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. 13. RES. 2005-99 - Resolution of the Mayor and Common Council of the City of San Bernardino requesting that the City of San Bernardino's primary election be consolidated with the November 8, 2005 consolidated election conducted by the County of San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-99 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2005-105 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the borrowing of funds for Fiscal Year 2005-2006; the issuance and sale of a 2005-2006 Tax and Revenue Anticipation Note therefor and participation in the California Communities Cash Flow Financing Program. City Attorney Penman noted that his office had not signed off on Agenda Item Nos. 9, 14, 17, 27, and R34 because the legal reviews had not been completed. Discussion ensued regarding the fact that some of the Council/Commission members have objected that they have not had time to read the agenda materials because they did not receive them in a timely manner; therefore, certain agenda items were distributed prior to review and sign -off by the City Attorney's office. Mr. Penman noted that the number of agenda documents and the complexity of the documents sometimes precludes the Attorney's office from being able to distribute a signed -off copy to the Council by Friday evening. He advised that a decision needs to be made by the Mayor and Council regarding how they want to handle this situation. Senior Assistant City Attorney Calkins pointed out some minor changes that had been made to the resolution subsequent to its distribution to the Mayor and Council, as follows: On page A7, lines 23 and 24, the years 2004-2005 were 8 05/02/2005 changed to 2005-2006; and on Exhibit A, page A20, line 12, the year 2005 was changed to 2006. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-105 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2005-100 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the budget detail worksheet for the Fiscal Year 2005 Metropolitan Medical Response System (MMRS) Grant Program to the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-100 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2005-101 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of the budget detail worksheet for the FY 2005 Homeland Security Grant Program to the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-101 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2005-106 - Resolution of the City of San Bernardino authorizing a First Amendment to the Contract for 800 MHz Radio Time -air Services between the City and Patton State Hospital. City Attorney Penman advised that his office had signed off on this resolution. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. 9 05/02/2005 Resolution No. 2005-106 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2005-102 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Land Lease Agreement between the City and Trautwein Construction, Inc. for the use of the property located east of Pioneer Memorial Cemetery for the temporary storage of equipment. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-102 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2005-103 - Resolution of the Mayor and Common Council of the City of San Bernardino: 1) authorizing the execution of a Purchase Order to Fairview Ford for nineteen (19) Year 2005 Ford Crown Victoria Police Interceptors; and 2) authorizing the Purchasing Manager to solicit Lease - Purchase quotes and award a Lease -Purchase to the lowest responsible leasing company. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-103 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2005-104 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Purchase Order to Municipal Maintenance Equipment, Inc. for a Steril-Komi Model ST4250-8 54,000 lb. four -post heavy duty vehicle lift. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2004/05 Refuse and Fleet budgets and appropriate $57,115.61 for the emergency purchase of the above described vehicle lift. The motion carried and Resolution No. 2005-104 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 10 05/02/2005 21. Appeal hearing regarding results of a transient lodging tax audit - Budget Lodge (Continued from February 22, 2005) Mayor/Chairman Valles advised that the attorney representing the appellants on Agenda Item Nos. 21 through 26 had requested a continuance to the second meeting in July, and the City Attorney's office had agreed. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of July 18, 2005; and that the continuance fee be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. Appeal hearing regarding results of a transient lodging tax audit - Desert Inn Motel (Continued from February 22, 2005) Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of July 18, 2005; and that the continuance fee be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Appeal hearing regarding results of a transient lodging tax audit - Econo Lodge (Continued from February 22, 2005) Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of July 18, 2005; and that the continuance fee be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. Appeal hearing regarding results of a transient lodging tax audit - Foothill Motel 11 05/02/2005 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of July 18, 2005; and that the continuance fee be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. Appeal hearing regarding results of a transient lodging tax audit - Knights Inn (Continued from February 22, 2005) Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of July 18, 2005; and that the continuance fee be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Appeal hearing regarding results of a transient lodging tax audit - Terrace Motel (Continued from February 22, 2005) Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of July 18, 2005; and that the continuance fee be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Public hearing — Agreement with Nestor Traffic Systems for a Traffic Signal Violation Video Enforcement System RES. 2005-107 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a Lease and Services Agreement with Nestor Traffic Systems, Inc., for a Traffic Signal Violation Video -Enforcement System. (27A) RES. 2005-107A - Resolution of the Mayor and Common Council of the City , of San Bernardino approving an Addendum to Maintenance Agreement for Traffic Signal Red Light Enforcement Equipment in State Routes in the City of San Bernardino with Caltrans. (27B) 12 05/02/2005 Mayor/Chairman Valles opened the hearing. City Attorney Penman advised that there was one change on this item relative to the agreement with Nestor. He explained that in the document entitled, Nestor Traffic Systems, Inc., Municipality of San Bernardino, California, Traffic Signal Violation Video -Enforcement System Lease & Services Agreement, page 4, paragraph 4.5, it states, "Payment of all fees and other charges owed pursuant to this Agreement is due within ninety (90) days after invoice date for the first twelve invoice months, and thereafter thirty (30) days after invoice date." Mr. Penman advised that staff had dropped the words "... and thereafter thirty (30) days after invoice date," and had told Nestor that this was a deal breaker. He explained that the City anticipates that it will take 90 days to get the money processed after the fines are paid through the court and had already agreed to 90 days. However, when staff received the agreement from Nestor, they had added the additional language regarding the 30 days without mentioning it to the City. Staff told them the City had to have the full 90 days because it will take that long to get the money back from the courts in order to pay them their payment, and Nestor had agreed to drop the additional language. Council Member/Commissioner Estrada asked whether a community education program would be done. City Administrator Wilson answered that there is a fairly extensive community outreach program planned. City Attorney Penman also noted that the Vehicle Code requires the posting of signs 30 days ahead of time at the intersections where the cameras will be installed. There is also a period where courtesy notices are sent to the public rather than a ticket as part of the education program. Julie Dixon, Nestor Traffic Systems, Inc., stated that there would be a community service program customized for the City's needs. It includes the warning signs that are posted on the approaches to the intersections, the 30-day warning period where warnings are sent out, and possible roadside press conferences. She noted that other cities have also opted to include notices with their utility bills, conduct town hall meetings, place notices in the local newspapers, etc. Council Member/Commissioner Longville requested that Mr. Wilson ensure that a list of the services being offered by Nestor is provided to the Council members. No public comments were received. 13 05/02/2005 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolutions be adopted. The motion carried and Resolution Nos. 2005-107 and 2005-107A were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. Public hearing — resolution ordering work — Orange Show Road and Arrowhead Avenue Landscape Maintenance Assessment District No. 1038 (Parcel No. 16222) (Continued from April 18, 2005) (See related Agenda Item No. 29) RES. 2005-108 - 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 Orange Show Road and Arrowhead Avenue, approving the Final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1038 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. The hearing remained open. City Attorney Penman advised that the developer had requested that Agenda Item Nos. 28 and 29 be considered together. There were no public comments. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2005-108 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14 05/02/2005 29. RES. 2005-109 - A Resolution of the City of San Bernardino approving an Agreement with Essex Orangeshow Commerce Center LLC for Landscape Maintenance Services for City imposed Landscape Maintenance Assessment District No. 1038 (Parcel Map No. 16222). (Continued from April 18, 2005) (See related Agenda Item No. 28) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-109 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. Resolution of the Mayor and Common Council of the City of San Bernardino approving Amendment No. 2 to that certain Loan Agreement by and among the City of San Bernardino, the San Bernardino Valley Municipal Water District, and the San Bernardino Regional Water Resources Authority. (Continued from April 25, 2005) Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of May 16, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION R31. Hearing - resolution of public interest and necessity for acquisition of real property - northwest corner of Rialto Avenue and Allen Street. (Continued from April 4, 2005) Resolution of the San Bernardino City Housing Authority declaring the public interest and necessity of acquisition of real property by the San Bernardino City Housing Authority over the property located at the northwest corner of Rialto Avenue and Allen Street, San Bernardino, California (APNN 0135-292-39) in the Inland Valley Redevelopment Project Area. Note: No backup materials were distributed. The hearing remained open. 15 05/02/2005 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/Commission meeting of June 20, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R32. Public hearing - reallocation of 2003/2005 Community Development Block Grant (CDBG) funds; recommended allocations of 2005/2006 Community Development Block Grant (CDBG) funds; Emergency Shelter Grant (ESG) funds, and Federal HOME funds Resolution of the Mayor and Common Council of the City of San Bernardino: 1) approving the 2005-2006 Community Development Block Grant (CDBG), Emergency Shelter Grant (ESG) and HOME appropriations; 2) approving the Five (5) Year 2005-2010 Consolidated Plan and the One (1) year 2005-2006 Consolidated Annual Plan; 3) approving the proposed reallocation of 2003-2005 CDBG funds; and 4) authorizing the Mayor to execute and submit to HUD appropriate documents and take all necessary actions for the execution of Public Service contracts. (R32A) Resolution of the Mayor and Common Council of the City of San Bernardino: 1) amending the 2004-2005 Consolidated Annual Plan and approving HOME 2001-2004 allocations in the amount of $5,750,000 to the organizations in Attachment III; 2) authorizing and directing staff to prepare the appropriate contracts between the Redevelopment Agency and said organizations to be presented at a later date to the Community Development Commission for approval. (R32B) Note: No backup materials were distributed. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of May 16, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R33. RES. CDC/2005-16 - Resolution of the Community Development Commission of the City of San Bernardino approving the Agreement for Professional Graphic Design Services with Amador Estevene and authorizing execution thereof by the Executive Director. 16 05/02/2005 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Kelley, that said resolution be adopted. Resolution No. CDC/2005-16 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R34. RES. CDC/2005-17 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the executive Director to execute a construction contract by and between the Redevelopment Agency of the City of San Bernardino and Inland Acoustics, Inc. for the improvements to the California Theatre. Doug Calkins, Senior Assistant City Attorney, advised that upon review of the original contract, it appeared to the City Attorney's office that it was a contract better suited to a private enterprise deal with private parties; therefore, the Attorney's office recommended that the department utilize a standard public works contract —a basic form which is used by most public agencies. He stated that this new contract was the document provided to the Mayor and; Council in substitution of the other contract. Mr. Calkins noted that the winning bidder had approved and entered into the new contract, which provides for insurance and indemnity to the Agency in the event of liability, and addresses the issue that there will be federal funds involved. Council Member/Commissioner McCammack asked Mr. Van Osdel what the Agency has been doing with the State College golf course lease payment money up to this point. Mr. Van Osdel advised that they have been paying off their debt to the CRF Fund, which was borrowed years ago; however, that debt has been paid off and the lease payments for the golf course are now free to spend on other things. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted. Resolution No. CDC/2005-17 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17 05/02/2005 35. Public hearing - approve Tentative Tract Map No. 16947 to subdivide approximately 6.78 acres into 29 single-family residential lots and Development Permit ('Type III) No. 04-44 to construct 28 detached single- family homes at the project site on the north side of T' Street, between San Carlos Avenue and San Anselmo Avenue in the RS, Residential Suburban, land use district. (Continued from April 18, 2005) Mayor/Chairman Valles opened the hearing. Valerie Ross, Deputy Director/City Planner, advised that this was a straight- forward in -fill subdivision, surrounded by single-family on all sides, including south of 7' Street. She stated that both the tract and the development permit meet all of the General Plan and Development Code requirements; however, this tract also includes an easterly extension of Cleveland Street that is approximately 94 feet long and 46 feet deep along the rear of a residential lot that fronts on Etiwanda Avenue. She stated that the applicant has been discussing the purpose of this piece of property with the people that own the lot that contains the single-family house. Ms. Ross explained that if the City imposes a requirement on the map for the acquisition of this strip of property for the extension of Cleveland Street, and the developer is unable to complete that off -site requirement, there is a provision in the Subdivision Map Act where the City would have to step in and exercise eminent domain. She explained that because this is a policy issue, staff brought it before the Council for final determination; however, the Planning Commission did recommend approval. In addition, Public Works, Planning, Police and Fire all think that the extension of Cleveland Street makes sense because it provides better circulation in the area and does not upset any of the setbacks by making any setback less than code requirements for the existing single-family house. Ms. Ross advised that included in the backup materials was a memorandum regarding drainage —that a concern regarding drainage was raised at the Planning Commission meeting by a resident in that area. She stated that the City's public works inspectors went out and looked at the situation, as explained in the memorandum. They determined that the reason for the drainage problem is that the street is virtually flat, so if there are any leaves or debris in the gutter, it will hold the water and keep it from draining. Senior Deputy City Attorney Empeiio advised that if the Council approved the tentative tract map, the Subdivision Map Act (Government Code Section 66462.5) does require the City, within 120 days of the filing of the final map, to exercise eminent domain powers if the developer has not been able to negotiate 18 05/02/2005 the purchase of this Cleveland Street extension; or else, alternatively, waive the requirement for the construction of that extension of Cleveland Street. He reiterated that staff wanted to inform the Council that this was a policy decision. Council Member/Commissioner Johnson stated that he had been having discussions with the developer of the project as well as the owner of the parcel in question; and they both agreed as far as negotiating a price for this property which would enable moving forward with development of Cleveland Street. Also, relative to the block wall through the back of the property, as noted in Attachment C, Conditions of Approval, page 3, No. 12, they both had agreed not to put a block wall through the back of the property, but to put a vinyl wall instead. That way, if in the future the parcel owner wants to develop/split her property, it will be much simpler for her to tear down a vinyl wall versus a block wall. Also, a vinyl wall would be similar to what the developer is installing throughout the project. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; that the Mayor and Common Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program (Attachment F); and that the Mayor and Common Council approve Tentative Tract Map No. 16947 and Development Permit (Type III) No. 04-44, based upon the Findings of Fact contained in the Planning Commission staff report dated February 8, 2005, subject to the Conditions of Approval, (Attachment C) amended to delete Condition No. 12 (block wall) and expand Condition No. 11 to include construction of a 6-foot vinyl fence (both sides) along the rear property line of APN: 0142-032-03, if Cleveland Street is extended, and Standard Requirements (Attachment D), and waive the eminent domain proceedings. Senior Deputy City Attorney Empeno advised that the City cannot waive the eminent domain requirement, because it is required by State law. Council Member/Commissioner Johnson amended his motion, seconded by Council Member/Commission McGinnis, that the hearing be closed; that the Mayor and Common Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program (Attachment F); and that the Mayor and Common Council approve Tentative Tract Map No. 16947 and Development Permit (Type III) No. 04-44, based upon the Findings of Fact contained in the Planning Commission staff report dated February 8, 2005, subject to the Conditions of Approval, (Attachment C) amended to delete Condition No. 12 (block wall) and expand Condition No. 11 to include construction of a 6-foot vinyl fence (both sides) along the rear property line of 19 05/02/2005 APN: 0142-032-03, if Cleveland Street is extended, and Standard Requirements (Attachment D), which includes initiation of eminent domain proceedings. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 36. Public hearing - General Plan Amendment No. 04-05 & Development Permit III No. 04-28 - request to change the land use designation from CG- 2, Commercial General, to CH, Commercial Heavy, for approximately 13,530 square feet of land - and a request to construct a parking lot for ice cream trucks as an expansion of an existing ice cream truck facility at the northeast corner of Baseline Avenue and Garner Street RES. 2005-110 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 04-05 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designation from CG-2, Commercial General, to CH, Commercial Heavy, for one parcel located on the north side of Baseline Street, approximately 162 feet east of Garner Street. Mayor/Chairman Valles opened the hearing. Valerie Ross, Deputy Director/City Planner, advised that in 1998 the applicant received approval of a general plan amendment and development code amendment to establish his existing ice cream truck facility. The business has been successful and he has outgrown the site; therefore, he is requesting an expansion, which is the parcel to the east of his existing facility. She stated that the expansion area would be for parking of the ice cream trucks only —that no expansion of the building was proposed. Ms. Ross advised that the Planning Commission considered both applications on February 23, and imposed additional conditions to improve the aesthetics of the site; specifically, landscaping to further screen the facility and parking areas and then restricting the maintenance of vehicles on the site. In addition, the Planning Commission required the applicant to remove the delivery ramp from the front of the building facing Baseline. She noted that although the applicant chose not to address the Planning Commission at its meeting, staff was later informed that the applicant does not want to remove the delivery ramp. She stated that she had provided Council Member Johnson with some pictures, including a floor plan of the existing facility, and it appears that the site can be 20 05/02/2005 accessed from the front or the rear; however, since the applicant chose not to discuss it with the Planning Commission, she could not confirm that for sure. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: John Mejia, representing the owner of the ice cream warehouse, stated that his client had stated that he would abide by all of the conditions of approval except for the one requiring removal of the delivery ramp. His client told him that at the last meeting he had with the City, they wanted him to do away with the ramp he uses for loading the ice cream, and if that ramp is taken away from him there will not be any way for him to get his merchandise over to the warehouse. Mr. Mejia submitted some pictures showing why the owner has to have the ramp in order to get his ice cream deliveries. He stated that on some days he takes delivery of three to four items, and he has to have that ramp because most of his deliveries are made by individuals who do not have hydraulic gears at the back of their trucks to aid in delivery. Mr. Mejia stated that if they take the ramp away from his client, it will hurt him quite a bit. He stated that he did not get a chance to fill out the card to be able to speak at the Planning Commission meeting before they actually left the meeting, but if the project is approved, the owner would like to have his ramp approved. Also, another item that was brought up was maintenance of the property's landscaping —that it was said at the Planning Commission meeting that the area had not been maintained, and one of the conditions was that he maintain the property, and if he didn't the City would go in and take care of it and charge the owner. Mr. Mejia indicated that the owner has been doing everything he can, but because of the area, he cannot provide the trees. Mr. Mejia submitted more pictures which showed where the owner tried to provide the trees, but they were yanked out. In fact, the owner has a copy of the police report he filed at that time. He stated it would be very hard for the owner to have the trees without them being stolen; that he has already bought and planted 18 trees, and every single one has been pulled up by the roots. He noted that the additional parking area would enable the drivers to park their trucks at the facility instead of at their homes on residential streets, where they are then susceptible to being ticketed or towed. 21 05/02/2005 Council Member/Commissioner Johnson asked who was responsible for the property that is outside of the fence, and Ms. Ross indicated that it was the applicant. Mr. Johnson stated that he had driven by the location and could not see that there was any maintenance of the grass, which was extremely high. He stated that he understood that the trees might be taken, but an effort could be made to cut and water the grass and clean up the debris —that it does not look like there is any personal care of the area. Insofar as access, Mr. Johnson asked whether there was another entrance coming off of Garner Street to the back of the facility, and Mr. Mejia answered in the affirmative. Mr. Johnson noted that there was a safety issue with the trucks using the current ramp and entering and exiting the facility on Baseline, because after they go down the ramp they have to stop and back up and go into the ramp, which presents a safety issue for traffic on Baseline. Council Member/Commissioner Johnson stated that he would like; to see the Council approve the project, but with all of the Planning Commission's recommendations. No public comments were received. Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that the Mayor and Common Council adopt the resolution which approves General Plan Amendment No. 04-05 and approve Development Permit III No. 04-28 based upon the Findings of Fact contained in the Planning Commission staff report, subject to the Conditions of Approval as amended by the Planning Commission, and Standard Requirements. The motion carried and Resolution No. 2005-110 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/ Commissioner McCammack. 37. Public Comments Herbert Blair, 3049 North "F" Street, San Bernardino, CA, stated that his reason for speaking had to do with Blair Park. He stated that the park used to be at 39' and Golden, and at that location there was a rock and a plaque about the Bear Flag of the State of California. He stated he wanted to get certification of the park name —that the only Blair that he thought the City would be 22 05/02/2005 interested in was George C. Blair, the mayor of San Bernardino, and he would like to install a plaque and the Bear Flag as it was over at 39' and Golden. Council Member/Commissioner Kelley stated that he would be happy to work with Mr. Blair on this project, and he thought the Native Sons of the Golden West would like to assist as well. Mark Jimenez, 255 North "D" Street, San Bernardino, CA, Center of Community Justice and Environmental Justice, stated that he had been attending meetings of the community that suffered the train derailment on April 5. He stated that this community is asking for a City investigation into the derailment accident/toxic chemical spillage; that they want the City to hold Union Pacific accountable and want to know exactly which chemicals were spilled and what the health implications may be. He criticized the evacuation process, stating that the community would like the City to work with them to develop a pro - community preventative evacuation plan, because they believe this will happen again. The following residents spoke regarding their need for assistance from the City relative to the recent train derailment in their neighborhood:, Juan Casillas, 190 North Meridian, Space 16, Rialto, CA; Maria Cisneros, Sequoia Park Community, 2505 West Foothill Blvd., San Bernardino, CA; Estanislada Burgos, 272 North Macy Street, San Bernardino, CA; Esther Hernandez, 256 North Macy Street, San Bernardino, CA, spokesperson for the group; Sally Garcia, Macy Street, San Bernardino, CA. According to the residents, Union Pacific has buried some of the spilled chemicals; and the residents are suffering from nosebleeds, headaches, and burning eyes. They denounced the ineffective and inadequate evacuation process, and criticized the way Union Pacific had handled reimbursement of expenses incurred by the residents. Mayor/Chairman Valles informed the residents that there are some things the City can do and some things it cannot do. She stated that staff would try to find out what has been happening and what the responsibility of Union Pacific is; and that she would have someone from her office work with the residents. She stated that the Southern California Rail Authority is conducting an investigation, and she would provide the residents with whatever information she can as a public document. She asked Ms. Hernandez to supply her with the names of the people she has been communicating with at Union Pacific. 23 05/02/2005 Rick Avila, P.O. Box 6291, San Bernardino, CA, stated that he was going to try and stop corruption in the City Attorney's office. He stated that he was going to serve Mr. Penman with a lawsuit, but was told that he would be arrested if he did. Mr. Avila alleged that Mr. Penman creates lawsuits and then turns around and gives them to Attorney Joe Arias, who is getting paid for committing fraud. He also spoke regarding the delay tactics Mr. Penman is using in his (Mr. Avila's) lawsuit against the City. Assistant City Attorney Easland advised that the lawsuit that was served on Mr. Penman was without merit; however, Mr. Blankenship, attorney for the plaintiff, had been notified that the City Attorney's office would accept service of this lawsuit. Steven Figueroa, P.O. Box 3202, Victorville, CA, President of MAPA Voter Registration and Education, stated that he was here to serve Wendy McCammack and had been told that he could be arrested. He stated that it is a constitutional right of free speech to petition our government for grievances. He accused the Council members of being afraid to challenge the City Attorney's office and asked them to uphold the office to which they have been elected. Deanna Adams, 1156 North "F" Street, San Bernardino, CA, stated that Michigan has abandoned eminent domain; that it is now against the state's constitution except for legitimate public uses such as a school or freeway; submitted to the Council a copy of "The Unknown Government -Eminent Domain"; and noted that at the meeting on April 25 regarding the North and South Lake Area projects the ultimate decision was that "humans are out and the reservoir is in." Ghassan Abdullah, 1129 North "F" Street, San Bernardino, CA, stated that he felt compelled to speak regarding the meeting on April 25, because many of the residents came to express their concerns regarding the lake projects and they were not allowed into the auditorium. He stated it was also offensive to read in the newspaper that the Mayor had held a pre -hearing event/party for those people who were going to speak in favor of the projects. He stated that the main issue is fair housing, and the Mayor and Council have not addressed this issue. Mayor/Chairman Valles assured him that the housing issue would be addressed. James Smith, 1156 East 24' Street, San Bernardino, CA, member of Native Sons of the Golden West and Elks Lodge 836, thanked the Mayor and Council for approving the ordinance regarding the sale and use of fireworks and the assessment of a regulatory fee on the sale of all fireworks. 24 05/02/2005 John Longville, 1833 North Kenwood Avenue, San Bernardino, CA, stated that he was not particularly knowledgeable regarding the North and South Lake Area projects and did not write the speech given by his wife at the special meeting held on April 25, 2005. 38. Adjournment At 6:41 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, May 16, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 38 No. of Hours: 4.5 RACHEL G. CLARK City Clerk By: Linda E. Hartzel Deputy City Clerk 25 05/02/2005