HomeMy WebLinkAbout06-06-2005 MinutesSan
CITY OF SAN BERNARDINO
300 N. "D"Street
San Bernardino, CA 92418
Website: www.sbcity.org
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 6, 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 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 1:40 p.m., Monday, June 6, 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 McGinnis, Derry, Kelley,
Johnson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Council Members/Commissioners Estrada, Longville.
Council Member/Commissioner Estrada Arrived
At 1:50 p.m., Council Member/Commissioner Estrada arrived at the Council/
Commission meeting. '
Council Member/Commissioner Longville Arrived
At 2:03 p.m., Council Member/Commissioner Longville arrived at the Council/
Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
1 06/06/2005
Ghassan N. Abdullah, et al. v. City of San Bernardino et al. - San
Bernardino Superior Court Case No. SCVSS 126706;
Deanna Helena Petrovna Adams v. City of San Bernardino et al. - San
Bernardino Superior Court Case No. SCVSS 126708;
Mary Ahmed v. City of San Bernardino - Workers Compensation
Appeals Board Case No. SBR 0321446;
Pamela Rodriguez v. City of San Bernardino - Workers Compensation
Appeals Board Case No. SBR 0275258;
Kenneth Brown v. City of San Bernardino et al. - San Bernardino
Superior Court Case No. SCVSS 107526;
Benjamin Brown v. City of San Bernardino et al - San Bernardino
Superior Court Case No. SCVSS 107399;
Ralph Romero v. James Penman, et al. - United States District Court
Case No. 5:05-CV-00329SGL;
Sequenta Lawrence v. City of San Bernardino et al. - United States
District Court Case No. EDCV 04-00336RJ (SGLx);
Russell Barkus v. City of San Bernardino et al. - United States District
Court Case No. EDCV 01-962 CJC (SGLx);
Shirley Goodwin v. City of San Bernardino et al. - United States
District Court Case No. EDCV 98-66 RT (VAPx);
Ronald Van Rossum v. City of San Bernardino et al. - Office of
Administrative Hearings - State of California L-2005020229;
Kimberlyn Hearns v. City of San Bernardino et al. - United States
District Court Case No. EDCV 03-01434 RT (SGLx);
Tom Gronewald v. City of San Bernardino et al. - San Bernardino
Superior Court Case No. SCVSS 114580;
Mohammed Hassan v. City of San Bernardino et al. - United States
District Court Case No. EDCV 05-328 VAP (SGLx);
Patrick Major v. City of San Bernardino et al. - Department of Fair
Employment and Housing Case No. E2004 05 D 1756-00-C;
06/06/2005
San Bernardino Professional Firefighters, et al. v. Larry Pitzer, et al. -
San Bernardino Superior Court Case No. SCVSS 125902;
People of the State of California v. Manta Management Corporation, et
al. - San Bernardino Superior Court Case No. SCV 18157.
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:
Doris Anderson, Steven Kennedy, et al. v. City of San Bernardino
Claim of Harold Sykes
People of the State of California v. San Bernardino Municipal
Water Department
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 City Firefighters Association Local No. 891
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 Redevelopment Project Area
3. Propert : 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: 745 W. 5" Street
APN 0134-093-05 and APN 0134-093-06
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Patrick A.
Abitante Trust, property owner(s)
Under Negotiation:
5. Propert :
Negotiating Parties
Under Negotiation
6. Property
Purchase price, terms, and conditions
701 W. 5" Street
APN 0134-093-08 and APN 0134-093-09
Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and L & P Faas
Family Trust, property owner(s)
Purchase price, terms, and conditions
735 W. 5" Street
APN 0134-093-07
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F11
a
10
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Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Walter L.
B. Ammons, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property: 696 W. 5' Street
APN 0134-061-21, 22, 25 and 30
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Christopher
C. Ko, Bruce C. Ko and Henry C. Ko,
property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property: 673 W. 5" Street
APN 0134-101-02 and APN 0134-101-03
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and San
Bernardino School Property, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
Property: 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
Property: Vacant land
APN 0134-093-11
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Protea
Hotel, Inc., property owner(s)
Under Negotiation: Purchase price, terms and conditions
Proper 450 N. "G" Street
APN 0134-093-44
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Protea
Hotel, Inc., property owner(s)
Under Negotiation: Purchase price, terms and conditions
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12. Property: 450 N. "E" Street
APN 0134-121-24
_Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and PFA, a
Wealth Management Group, LLC., property
owner(s)
Under Negotiation: Purchase prices, terms and conditions
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Mr. Verne Schweiger, Office of Social Concerns, Diocese
of San Bernardino, followed by the pledge of allegiance, led by Jesse Corona and
Melinda Marquez of Anderson School.
Moment of Silence
Mayor/Chairman Valles extended condolences to the family and requested a moment of
silence in memory of longtime businessman Jake Wharton Flood of Flood's Flooring,
who passed away on May 29.
2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
Dr. Bill Eich introduced Licenciado Luis Alejandro Cerda Acuna, representing
the Mayor of Puerto Vallarta, Mexico, and Comandante Braulio Eduardo
Ramirez Garcia, Fire Chief of Puerto Vallarta, who presented Mayor Valles
with a gift and plaque in appreciation of the City's donation of two surplus fire
tenders to the Puerto Vallarta Fire Department.
Peggi Hazlett, Assistant to the Mayor, acknowledged the major sponsors and
volunteers who made the recent Mayor's Run of Route 66 a great success; and
Mayor Valles presented a trophy to Police Chief Zimmon in recognition of the
PD-Blue Team, winners of the City Team Challenge.
Code Compliance Director Glenn Baude introduced two representatives from the
San Bernardino Star Softball Team, Girls 1400 Team, a competitive level team
that was derived from the San Bernardino Girl's Fast Pitch League. He advised
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that the team has been together for two years, and the second year they qualified
for the World Series of Softball in Park City, Utah. Although the team had
several major contributors sponsoring their trip, their biggest contributor has
been Mayor Judith Valles; and to show their appreciation for her contributions
and support, the team representatives presented a team jacket to the Mayor.
Council Members Chas Kelley and Neil Derry presented the City Logo and
commendations to Van and Mitch Howard of Boy Scout Troup 128, Our Lady
of Assumption Church, in honor of being selected to represent our city at the
2005 National Boy Scout Jamboree.
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 Kelley 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, 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 Longville, requested that the minutes of April
25, 2005, page 17, be corrected to reflect that she had submitted a written
statement for inclusion in the record.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that the minutes of the following meetings of
the Mayor and Common Council, Community Development Commission and
Board of Directors of the San Bernardino Valley Municipal Water District; and
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, to include the correction requested
by Council Member/Commissioner Longville: April 25, 2005 and May 2,
2005.
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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 Kelley 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 May 31,
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 May 23, 2005 (Revised 5/26/05), 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. RES. 2005-133 - 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.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-133 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
10. 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.
8 06/06/2005
Council Member/Commissioner Kelley 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.
11. RES. 2005-134 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of portions of 191" Street and various alleys
south of 20" Street, east of Guthrie Street.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-134 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
12. RES. 2005-135 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the Final Map for Tract Map No. 14254,
located at the northwest side of Shandin Hills Drive southwest of Kendall
Drive, accepting the public dedications as set forth on said map; and
authorizing execution of the Standard Form of Agreement for the
improvements in said subdivision, with time for performance specified.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-135 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
13. Authorization to proceed and approval of Plan No. 11472 - proposed
vacation of a portion of University Parkway, westerly of Northpark
Boulevard
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that the Director of Development Services and
the City Clerk be authorized to proceed with the proposed vacation of a portion
of University Parkway, westerly of Northpark Boulevard; and that Plan No.
11472 showing the proposed vacation of a portion of University Parkway,
westerly of Northpark Boulevard, be approved.
9 06/06/2005
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a lease with YMCA of the East
Valley, a corporation, concerning a parcel of real property located in the
City of San Bernardino.
Council Member/Commissioner McCammack asked City Attorney Penman to
research or verify information she had heard that, according to the leaseholder's
by-laws, if they hold a lease with the City for more than 20 years, the property
becomes titled to the leaseholder.
Mr. Penman stated he would need additional time to pull the grant deed and
research this matter, and suggested a two -week continuance.
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.
15. RES. 2005-136 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of the east/west street lying between "D"
Street and Stoddard Avenue.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that Plan No. 11416A showing the proposed
vacation of the east/west street lying between "D" Street and Stoddard Avenue,
as amended, be approved; that said resolution be adopted; and that the Director
of Development Services be authorized to prepare and submit a variance
application to the Planning Commission relative to the proposed vacation of the
east/west street lying between "D" Street and Stoddard Avenue.
The motion carried and Resolution No. 2005-136 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
10 06/06/2005
16. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to approve an agreement with WL
Covenant 88 Associates, LLC, a Delaware Limited Liability Company, for
the dedication and improvement of a 4.7-acre park (Verdemont Heights
Hilltop Park) at the northeasterly corner of Palm Avenue and Irvington
Avenue.
Council Member/Commissioner Kelley requested that this matter be continued
to the Council/Commission meeting scheduled for June 7, 2005.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Longville, that the matter be continued to the
Council/Commission meeting of June 7, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
17. RES. 2005-137 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Powell Engineering Construction
for drainage improvement and pavement rehabilitation on Bailey Court
(SD04-14), per Plan No. 11248.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-137 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
18. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to S. Parker Engineering, Inc., for
construction of pocket park at the southeast corner of Norma Lane and
Stephanie Avenue (PR04-23), per Plan No. 11126.
Council Member/Commissioner McCammack inquired as to the size and value
of the parcels; however, this information was not readily available, and it was
decided to consider the matter later in the meeting. Subsequently, it was
suggested that the matter be continued to allow staff time to obtain the requested
information.
Council Member/Commissioner Johnson made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the Council/
Commission meeting of June 7, 2005.
11 06/06/2005
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Johnson. Nays: None.
Absent: Council Members/Commissioners Kelley, McCammack.
19. RES. 2005-138 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of Amendment No. 1 to the
Agreement for Consultant Services in collaboration with District for the
CAPS Program between the City and the San Bernardino Unified School
District.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-138 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
20. RES. 2005-139 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute an
Agreement with the San Bernardino City Unified School District relating to
delivery of Type A lunches to City sites for the District's Year-round Lunch
Program.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-139 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
21. RES. 2005-140 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute
Amendment No. 1 to the Senior Nutrition Contract No. 04-886 between the
City of San Bernardino and County of San Bernardino Department of
Aging and Adult Services (DAAS) for senior nutrition services.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-140 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
12 06/06/2005
22. RES. 2005-141 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an agreement for the San
Bernardino Police Department to participate in a Memorandum of
Understanding with the California Highway Patrol (CHP) relating to drug
investigations originated by the CHP.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-141 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
23. RES. 2005-142 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to an annual purchase order to
Rehrig Pacific Company for the purchase of automated carts for residential
refuse services.
Council Member/Commissioner Kelley 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 Budget by
appropriating $123,000 from Refuse Fund balance to Account No. 527-412-
5112 for the purchase of automated carts for residential services.
The motion carried and Resolution No. 2005-142 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
24. RES. 2005-143 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Turf
Star, Inc. for a Toro riding mower to be utilized by the Parks and
Recreation Department.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-143 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
25. RES. 2005-144 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Terex
Utilities West, Inc. for a used Terex TX760 Backhoe to be utilized by the
Parks and Recreation Department.
13 06/06/2005
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-144 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
26. RES. 2005-145 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Victor
Buick-GMC Truck, Inc. for the purchase of a GMC TC6500 V8 chassis,
including a dump body to be utilized by the Parks and Recreation
Department.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-145 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
27. RES. 2005-146 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Shaver
Auto Center for three right hand drive Jeep Wranglers to be utilized by the
Facilities Department Parking Control Division.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-146 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
28. RES. 2005-148 - Resolution ratifying the submittal of a grant application
and authorization to administer a program continuation grant from the
Corporation for National and Community Service in the amount of
$295,983 to continue the administration and operation of the Senior
Companion Program for the period July 1, 2005 through June 30, 2006.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2005-148 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
14 06/06/2005
29. RES. 2005-149 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of three project applications
for the sixth funding cycle of the Safe Routes to School (SR2S) Program.
Council Member/Commissioner Longville commented on the heightened
dangerous condition that will exist on the south side of Gilbert Street with the
opening of Anton School. She requested that the Mayor and City Administrator
contact the County regarding installation of sidewalks on Gilbert Street near
Anton School.
Other Council Members/Commissioners expressed concern regarding the unsafe
conditions around Arroyo Valley High School and the need to complete State
Street as soon as possible. It was noted that the City often works on problems
that affect school children.
City Administrator Wilson advised that the School District is drafting a letter to
the current County Supervisor regarding the unsafe conditions around Anton
School and the need for sidewalks, and the City would do the same.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2005-149 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
30. RES. 2005-150 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute a lease
agreement between the City of San Bernardino and A Special Place
Children's Hands-on Museum for the Coddington Library Building located
at Perris Hill Park.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
the Mayor and Common Council authorize the Director of Finance to amend the
FY 2004/05 budget by transferring $7,900 from General Government Fine Arts
Account No. 001-091-5185 to Parks Account No. 001-381-5502 to cover the
FY 2004/05 costs for the Children's Museum as outlined in the staff report from
Lemuel Randolph, Director of Parks, Recreation and Community Services,
dated May 17, 2005; and that for FY 2005/06 the Director of Finance be
authorized to add $20,100 to the Parks budget in Account No. 001-381-5502 to
cover the FY 2005/06 costs for the Children's Museum as outlined in the staff
report from Lemuel Randolph, Director of Parks, Recreation and Community
Services, dated May 17, 2005.
15 06/06/2005
The motion carried and Resolution No. 2005-150 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
31. Reorganization of City Library
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council 1) delete one (1) position of Library Clerk, Range 1311, $2,094-
$2,545/month; 2) reclassify the position of Library Computer Technician II,
Range 1353, $2,582-$3,138/month to Library Network Coordinator, Range
2431, $3,809-$4,630/month; 3) reclassify the position of Library Technician I,
Range 1355, $2,608-$3,170/month to Library Young Adult Coordinator, Range
1393, $3,152-$3,83 1 /month; 4) reclassify the position of Library Technician I,
Range 1355, $2,608-$3,170/month to Library Administrative Technician/
Webmaster, Range 1393, $3,152-$3,83 1 /month; 5) establish one (1) position of
Library Network Assistant, Range 1355, $2,608-$3,170/month; 6) establish one
(1) position of Library Computer Lab Coordinator, Range 1393, $3,152-
$3,831/month; and 7) that the Director of Human Resources be authorized to
update Resolution No. 6413 as needed.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
32. Establish position of Apprentice for use in various City departments
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
establish the position of Apprentice, flat salary $6.75-$20.00 per hour; and that
the Director of Human Resources be authorized to update Resolution No. 6413,
Section Thirteen, Temporary/Part-time employees.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
33. Ordinances amending Ordinance No. MC-1188, establishing a moratorium
on certain new businesses and the relocation of said businesses in the City
ORD MC-1196 - An Urgency Ordinance of the City of San Bernardino
amending Ordinance No. MC-1188, establishing a moratorium on certain
new businesses and the relocation of said businesses in the City, declaring
the urgency thereof, and taking effect immediately. URGENCY (33A)
16 06/06/2005
An Ordinance of the City of San Bernardino amending Ordinance No. MC-
1188, establishing a moratorium on certain new businesses and the
relocation of said businesses in the City. FIRST READING (33B)
City Attorney Penman advised that City staff had not finished their review of
these particular businesses. He noted, however, that the review had been
partially completed, and as a result of that partial examination the Development
Services department had made some suggestions for changes as indicated in the
backup materials. He stated that basically the moratorium will be extended for
one additional year, for a total of two years.
Council Member/Commissioner Longville stated that she was disappointed that
the review was not completed in nine months, because one of the consequences
of the moratorium was that certain storefronts would not be leased because it
was only these kinds of new businesses that were coming into them. She stated
that she was looking forward to completion of the review so that the City could
begin to take some action on the number of vacant storefronts that the City had
created and was looking towards the demolition of these vacant, blighted
commercial structures.
Therefore, when she saw that it was being proposed that the moratorium be
continued for another 14 months, she saw the need to add language to the
ordinances stating that, "An inventory will be completed of all vacant
commercial structures on business corridors within the city, no later than
September 1, 2005, and provided to the City Council for the purpose of
prioritizing the demolition of vacant, blighted commercial structures."
She stated that the Council did not really have a handle on how many of these
vacant, blighted storefronts are in the city, and the Council needs to look at how
they are going to get rid of these buildings.
Ms. Longville stated that she showed the language to the City Attorney and to
Councilwoman McCammack, and neither of them had any problem with the
insertion of this language into the ordinances; therefore, she would like to
amend the ordinances and include this additional language.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Derry, that said urgency ordinance be adopted;
and that said ordinance be laid over for final adoption, with language added to
the ordinances stating, "An inventory will be completed of all vacant
commercial structures on business corridors within the city no later than
September 1, 2005, and provided to the City Council for the purpose of
prioritizing the demolition of vacant, blighted commercial structures."
17 06/06/2005
City Administrator Wilson expressed concern with the amount of work that
would need to be done in such a short amount of time. It was suggested that
maybe the deadline date could be changed to October 1, instead of September 1.
It was also suggested that the task force that put together the existing data,
which included personnel from the Police Department, City Attorney
Investigators, and Code Enforcement personnel, be assigned this task; however,
it would necessitate re -prioritizing their assignments. Mr. Wilson asked Council
Member/Commissioner Longville to amend the language to read October 1, and
she agreed to that change.
Council Member/Commissioner McCammack amended her motion, seconded
by Council Member/Commissioner Derry, that said urgency ordinance be
adopted; and that said ordinance be laid over for final adoption, with language
added to the ordinances stating, "An inventory will be completed of all vacant
commercial structures on business corridors within the city no later than
October 1, 2005, and provided to the City Council for the purpose of
prioritizing the demolition of vacant, blighted commercial structures." (Vote
was taken following public comments.)
Per Resolution 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
Darrell Maynard, 1046 West Highland Avenue, San Bernardino, CA, owner of
San Bernardino Tattoo, stated that he has been in business in San Bernardino
since 1982, and although he agreed with most of the ordinance, it concerned
him that something could happen to his business that would be out of his control
such as a fire or earthquake, or loss of his lease. He stated that if such an
incident should occur he would want to be able to relocate in San Bernardino —
that this is his home and he has raised his family here. He asked that the
ordinance include language that would grandfather in existing businesses, in the
event such a situation occurred.
Bob Taylor, 21505 Waterman Avenue, Ste. B, San Bernardino, CA, owner of
Traditional Tattoo, reiterated the comments made by Mr. Maynard relative to
events affecting his business that would be out of his control and inclusion of
language in the ordinance that would grandfather in existing businesses.
City Attorney Penman advised that the way the ordinance is written, there is an
amendment in the proposal on page 3, for pawn shops, that would allow them to
be relocated to another building within 50 feet of the current location. He noted
that it would probably be easier for the Council to deal with these situations on a
case by case basis.
18 06/06/2005
Mr. Penman advised Mr. Maynard and Mr. Taylor that if such a situation
should occur to contact his office and his staff would try to get the appropriate
motion before the Council.
The amended motion made by Council Member/Commissioner McCammack,
seconded by Council Member/Commissioner Derry, carried; and Urgency
Ordinance No. MC-1196 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
34. Public hearing - consider resolution setting various fees
RES. 2005-147 - A Resolution of the City of San Bernardino establishing
certain fees for services furnished by the City of San Bernardino, and
repealing Resolution No. 2004-252.
Mayor/Chairman Valles opened the hearing.
Lori Sassoon, Assistant to the City Administrator, advised that this was the
semi-annual user fee update; that the last change had been done in August 2004.
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. 2005-147 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
35. Public hearing - consider resolution adopting updated building valuation
tables
A Resolution of the City of San Bernardino adopting updated Building
Valuation Tables.
Note: No backup materials were distributed.
Council Member/Commissioner Estrada 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.
19 06/06/2005
36. Resolutions concerning a refuse franchise and refuse related consultant
services. (Continued from May 16, 2005)
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Collection Services Contract
between the City of San Bernardino and Burrtec Waste Industries, Inc.,
relating to refuse collection and disposal. (36A)
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute an amendment to the Services
Agreement with R3 Consulting Group, Inc. for assistance concerning
commercial refuse services provided by Franchised Refuse Haulers and
other issues related to refuse regulations and operations. (36B)
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 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.
37. RES. 2005-151 - Resolution of the Mayor and Common Council of the City
of San Bernardino to provide for an increase in rates for taxicab service and
repealing Resolution No. 2004-110.
Council Member/Commissioner McCammack left the dais, stating that she
would abstain on this item because one of the taxicab companies is a business
client.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted; and that the
Mayor and Common Council approve the Bureau of Franchises' determination
that the public's convenience and necessity is served by increasing the number
of taxicabs authorized to San Bernardino Yellow & Bell Cab from 70 vehicles to
80 vehicles.
The motion carried and Resolution No. 2005-151 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson. Nays: None. Abstentions: Council Member/
Commissioner McCammack. Absent: None.
20 06/06/2005
38. Suspension of enforcement of Chapters 8.35 and 8.39 of the San Bernardino
Municipal Code
City Attorney Penman provided an overview of the staff report and the basis for
taking this action.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that enforcement of Chapters 8.35 and 8.39 of
the San Bernardino Municipal Code be suspended.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Kelley, Johnson; City Attorney Penman, Economic
Development Agency Deputy Director Pacheco, City Clerk Clark. Absent: Council
Member/Commissioner McCammack.
R39. Education Revenue Augmentation Fund (ERAF) Plan Amendments
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the State College Redevelopment Plan; extending the time
limit for payment of indebtedness and receipt of property taxes under the
Redevelopment Plan for the State College Redevelopment Project Area; and
making other findings in connection therewith. FIRST READING (R39A)
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Central City North Redevelopment Plan; extending the
time limit for payment of indebtedness and receipt of property taxes under
the Redevelopment Plan for the Central City North Redevelopment Project
Area; and making other findings in connection therewith. FIRST
READING (R39B)
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Central City West Redevelopment Plan; extending the
time limit for payment of indebtedness and receipt of property taxes under
the Redevelopment Plan for the Central City West Redevelopment Project
Area; and making other findings in connection therewith. FIRST
READING (R39C)
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Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Southeast Industrial Park Redevelopment Plan;
extending the time limit for payment of indebtedness and receipt of
property taxes under the Redevelopment Plan for the Southeast Industrial
Park Redevelopment Project Area; and making other findings in connection
therewith. FIRST READING (R39D)
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Northwest Redevelopment Plan; extending the time limit
for payment of indebtedness and receipt of property taxes under the
Redevelopment Plan for the Northwest Redevelopment Project Area; and
making other findings in connection therewith. FIRST READING (R39E)
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Tri City Redevelopment Plan; extending the time limit
for payment of indebtedness and receipt of property taxes under the
Redevelopment Plan for the Tri City Redevelopment Project Area; and
making other findings in connection therewith. FIRST READING (R39F)
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the South Valle Redevelopment Plan; extending the time
limit for payment of indebtedness and receipt of property taxes under the
Redevelopment Plan for the South Valle Redevelopment Project Area; and
making other findings in connection therewith. FIRST READING (R39G)
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Uptown Redevelopment Plan; extending the time limit
for payment of indebtedness and receipt of property taxes under the
Redevelopment Plan for the Uptown Redevelopment Project Area; and
making other findings in connection therewith. FIRST READING (R39H)
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Mount Vernon Redevelopment Plan; extending the time
limit for payment of indebtedness and receipt of property taxes under the
Redevelopment Plan for the Mount Vernon Redevelopment Project Area;
and making other findings in connection therewith. FIRST READING
(R39I)
22 06/06/2005
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Meadowbrook/Central City Redevelopment Plan;
extending the time limit for payment of indebtedness and receipt of
property taxes under the Redevelopment Plan for the Meadowbrook/
Central City Redevelopment Project Area; and making other findings in
connection therewith. FIRST READING (R39J)
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Central City South Redevelopment Plan; extending the
time limit for payment of indebtedness and receipt of property taxes under
the Redevelopment Plan for the Central City South Redevelopment Project
Area; and making other findings in connection therewith. FIRST
READING (R39K)
Ordinance of the City of San Bernardino extending the time limit of the
effectiveness of the Central City East Redevelopment Plan; extending the
time limit for payment of indebtedness and receipt of property taxes under
the Redevelopment Plan for the Central City East Redevelopment Project
Area; and making other findings in connection therewith. FIRST
READING (R39L)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinances A-L be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays:
None. Absent: Council Member/Commissioner McCammack.
40. Public Comments
Parrish Highley, 26127 Edgemont Drive, Highland, CA, asked City Attorney
Penman whether the City Council had adopted a formal resolution to oppose any
future fee to trust transfers for the San Manuel Tribe.
Mr. Penman advised that this was a question he was not in a position to answer;
however, Mr. Highley could request this information, in writing, from the City
Clerk's Office.
Mr. Highley reiterated his request (made at a previous Council meeting) that the
Council adopt a formal resolution to oppose future fee to trust transfers for the
Tribe. He explained that this would allow the Tribe to continue to buy all the
land, homes, or commercial property they want to buy, but the property would
stay in the City and/or County tax base. He also expressed outrage regarding a
23 06/06/2005
letter the Mayor had written to the office of Alcoholic Beverage Control
endorsing a temporary alcohol permit for the casino prior to any formal hearing.
Deanna Adams, Ph.D., 1156 North "F" Street, San Bernardino, CA, owner of
Victory Chapel, stated that there were many mistakes in the transcript of the
meeting held on April 25, 2005, regarding the Lakes Projects. She also spoke
regarding the psychological impact of eminent domain, and the fact that blight is
used as an excuse to abuse the use of eminent domain.
City Clerk Clark stated that the transcript was prepared by a court reporter and
not by the City Clerk's office.
41. Adjournment
At 6:30 p.m., the meeting was adjourned to 3:00 p.m. Tuesday, June 7, 2005,
in the Economic Development Agency Boardroom, to discuss the budget.
No. of Items: 41
No. of Hours: 5
RACHEL G. CLARK
City Clerk
By:
Linda E. Hartzel
Deputy City Clerk
24 06/06/2005