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HomeMy WebLinkAbout09-06-2005 MinutesI San Mayor 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 McCommack MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION AND THE SAN BERNARDINO CITY HOUSING AUTHORITY OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING SEPTEMBER 6, 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 1:34 p.m., Tuesday, September 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 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): Mohammed Fawzi Hassan, et al. v. City of San Bernardino et al. - United States District Court Case No. EDCV 05-328 VAP (SGLx); Larry J. Hyder, et al. v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. 122930; 1 09/06/2005 In re: Bankruptcy of Adelphia Communications Corporation - United States Bankruptcy Court, Southern District of New York, Case No. 02- 41729; Horlings v. Department of Building & Safety of the City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 126619; San Bernardino City Unified School District v. Helen L. Danton et al. - San Bernardino Superior Court Case No. SCVSS 129273. 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: City of San Bernardino v. Diamond Concessions of California, Inc.; City of San Bernardino v. County of San Bernardino, 855 Hope Street (APN 0280-181-15) Vacant Lot (APN 0280-181-16) 895 Hope Street (APN 0280-181-14) 834 Cleavenger Street (APN 0280-181-44) 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 Professional Firefighters San Bernardino Police Officers Association 2 09/06/2005 G. Conference with real property negotiator — pursuant to Government Code Section 54956.8: 1. Pro 247 West Third Street 2. 3. 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 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 Property: Joint Use Multipurpose Room/Gymnasium at the Cesar Chavez Middle School, 6650 Magnolia Court, San Bernardino, California Negotiating Parties: Marianne Milligan, City Attorney's Office, and Teri Baker, City Administrator's Office, for the City of San Bernardino, licensee; Wael Elatar, Facilities Administrator, San Bernardino City Unified School District, as property owner Under Negotiation: Terms and conditions 4. Proper : Community Facilities: Delmann Heights Community Center 2669 N. Flores Street Fifth Street Senior Center 600 W. Fifth Street Lytle Creek Community Center 380 S. " B" Street Mill Community Center 503 S. "E" Street Nicholson Community Center 2750 W. Second Street RI 09/06/2005 Perris Hill Park Senior Park 780 E. 21" Street Ruben Campos Community Center 1717 W. Fifth Street Rudy Hernandez Community Center 222 N. Lugo Norton/Galaxy Ballroom 1494 Art Townsend Drive Negotiating Parties: Marianne Milligan, City Attorney's Office, and Lemuel P. Randolph, Director, Parks, Recreation and Community Services Department, for property owner; Gregory Humpal, Contract Analyst, San Bernardino City Unified School District Central City Redevelopment Project Area (Carousel Mafl) Pro APN 0134-211-36 and 0134-201-25 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and Upham Development Company, property owner(s) Under Negotiation: Purchase price, terms and conditions Property: APN 0134-301-29 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and El Corte Ingles S.A. Company, property owner(s) Under Negotiation: Purchase price, terms and conditions Central City North Redevelopment Project Area Property: 708 and 720 West 4' Street APN 0134-093-45 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and Chiyo Lapham, property owner(s) Under Negotiation: Purchase price, terms and conditions 8. Pro 734 West 4th Street APN 0134-093-19, 20 and 43 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and Penhun Ltd/Expo Ltd., property owner(s) Under Negotiation: Purchase price, terms and conditions 09/06/2005 G a 10. Property: 746 West 5`s Street APN 0134-054-07, 08 and 09 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and The Salvation Army, property owner(s) Under Negotiation: Purchase price, terms and conditions Prope 495 North G Street APN 0134-101-28 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and Allied Capital Investments, LLC, property owner(s) Under Negotiation: Purchase price, terms and conditions Mt. Vernon Redevelopment Project Area 11. Property: 514 North Mt. Vernon Avenue APN 0138-115-06 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Buyer, and Dan Virgilio, property owner(s) Under Negotiation: Purchase price, terms and conditions IVDA Redevelopment Project Area 12. Property: 1530 Walnut Street APN 0274-023-01 13. Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Lupe Ensign, property owner(s) Under Negotiation: Purchase price, terms and conditions Proper 1550 Walnut Street APN 0274-023-02 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Jesse Trevino and Albert Trevino, property owner(s) Under Negotiation: Purchase price, terms and conditions 5 09/06/2005 14. Prope Vacant APN 0274-023-03 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency and/or San Bernardino City Housing Authority, and Jesse Trevino and Albert Trevino, property owner(s) Under Negotiation: Purchase price, terms and conditions Watson-Westridge, LLC Project 15. Property: Vacant Land APN 0155-361-25; 0155-381-45 and 11 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, and Bernard Kersey, General Manager, on behalf of the City of San Bernardino, and County of San Bernardino, Department of Public Works Under Negotiation: Purchase price, terms and conditions Vanderbilt Fire Station 16. Property: APN 0281-341-09 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as Seller, and the City of San Bernardino, as Buyer Under Negotiation: Purchase price, 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, Community Development Commission, and San Bernardino City Housing Authority. Invocation/Pledge of Allegiance The invocation was given by Council Member/Commissioner Johnson, followed by the pledge of allegiance, led by Council Member/Commissioner Estrada. 2. Appointment - James J. Eble — Board of Building Commissioners — Council Member McGinnis Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the appointment of James J. Eble to the Board of Building Commissioners, as requested by Council Member McGinnis, be approved. 6 09/06/2005 7 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations Mayor Valles read a proclamation designating September 6, 2005, as National Anthem Project Day in the City of San Bernardino, followed by Desiree Flores singing the National Anthem. Doug Rowand, Executive Director, Arrowhead United Way, provided information regarding the relief efforts that have begun in the aftermath of Hurricane Katrina. He stated that there is a great need for cash, which needs to be dispersed as soon as possible; and that a special fund has been set up with AUW whereby funds will be sent directly to the branch agencies in the area of Katrina. (Note: During announcements, City Administrator Wilson thanked Ali Cayir of Transtech Engineering and James Watson of Watson & Associates, for offering to match up to $10,000 each the contributions made by City employees for the victims of Hurricane Katrina.) Mayor Valles presented a proclamation designating the month of September as Route 66 Rendezvous Month to Hillary Williams, Public Relations Coordinator, and JoAnn Webb, Advertising Director, San Bernardino Convention and Visitors Bureau. On behalf of the City's Fire Department, Irene Dominguez and Henry Vasquez presented commendations to Erika Greenhow, Amy Reed, and Edward Walton for saving the life of Bruce Kubert at the local Costco store. Council Member Kelley introduced two of the members of the newly appointed Verdemont Trails Committee —Barbara Schneiderhan and Felicia Webber. Two other members, Hank Mitchell and Sally Hammond, were not present. Mike Kerbridge, representing Patty Romo, Caltrans Interim District Director, presented the Caltrans 2004 Excellence in Transportation Award to the following individuals in recognition of the Santa Fe Depot Rehabilitation Project: Mayor Judith Valles; James Funk, Director of Development Services; Fred Wilson, City Administrator; First Ward Councilwoman Esther Estrada; Ali Cayir, Transtech Engineering, Inc., and Mark Reed, Soltec Pacific. Also a recipient, but not in attendance, was Milford Donaldson of Milford Wayne Donaldson, FAIA, Inc. 7 09/06/2005 r 4. Announcements by Mayor and Common Council Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic and community events and activities. 5. Waive full reading of resolutions & ordinances Council Member/Commissioner McGinnis 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/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. 6. Council Minutes Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission/San Bernardino City Housing Authority of the City of San Bernardino be approved as submitted in typewritten form: August 1, 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 McGinnis 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 August 29, 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 09/06/2005 8. Personnel Actions Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated August 30, 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. Resolutions authorizing the submission of the application to the California Infrastructure and Economic Development Bank for financing of pavement reconstruction and rehabilitation and declaring the City's official intent to reimburse certain expenditures from proceeds of obligation RES. 2005-292 — A Resolution of the City of San Bernardino authorizing the submission of the application to the California Infrastructure and Economic Development Bank for financing of pavement reconstruction and rehabilitation and approving certain other matters in connection therewith. (9A) RES. 2005-293 - Resolution of the Mayor and Common Council of the City of San Bernardino declaring the City of San Bernardino's official intent to reimburse certain expenditures from proceeds of obligation from the California Infrastructure and Economic Development Bank. (911) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolutions A&B, be adopted; and that the Director of Finance be authorized to amend the FY 2005/06 CIP/Infrastructure Loan Bank Fund budget to reflect the additional costs not originally budgeted for contingencies and preliminary work in the amount of $941,700 (240-379-5504-xxxx) and the corresponding loan proceeds of $941,700 (240-000-6453-0000) that will cover these costs. The motion carried and Resolution Nos. 2005-292 and 2005-293 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9 09/06/2005 10. Item deleted 11. RES. 2005-294 - 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 McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-294 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. Item deleted 13. RES. 2005-295 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and directing the Mayor of the City of San Bernardino to execute a Professional Services Agreement between Reid & Hellyer and the City of San Bernardino to represent the City in the case of In Re: Bankruptcy of Adelphia Communications Corporation, United States Bankruptcy Court, Southern District of New York, Case No. 02-41729. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-295 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. Review and take action regarding the need for continuing in effect the local emergency caused by the Old Waterman Canyon Fire pursuant to Government Code Section 8630 (c)(1) Note: No backup materials were distributed. Council Member/Commissioner McGinnis 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. 10 09/06/2005 15. Set joint workshop - Mayor and Common Council & Planning Commission - Monday, September 19, 2005, 5:00 p.m. - Economic Development Agency Board Room - discuss circulation improvements and the Nexus Study Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the Mayor and Common Council set a joint workshop with the Planning Commission for Monday, September 19, 2005, at 5:00 p.m. in the Economic Development Agency Board Room to discuss circulation improvements and the Nexus Study. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2005-307 - Resolution of the City of San Bernardino authorizing and directing the execution of an easement to Southern California Edison Company for underground facilities across City property located at the southeast corner of Magnolia Avenue and Meyers Road. Council Member/Commissioner Derry left the Council Chambers and returned after the vote was taken due to the fact that Southern California Edison is his employer. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-307 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 17. Authorize Contract Change Order No. One - contract with Macadee Electrical Construction, Inc. - construction of traffic signal improvements - 5' Street and Waterman Avenue (TC04-02); 3" Street and Waterman Avenue (TC04-02); Baseline Street and "E" Street (TC04-02); Baseline Street and Arrowhead Avenue (TC04-02); Pepper Avenue and Rialto Avenue (TC04-02); Hunts Lane and "E" Street (TC04-19); and Arden Avenue and 20' Street (TC04-25), per Plan No. 11177 - authorize the Director of Finance to amend the FY 05106 Budget Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $21,932 from Account No. 250-370-5504-1710 "Mill Street and Macy Street Traffic Signal (TC04-01)" to Account No. 250-370-5504-7338 "City Wide Traffic Signal Improvements (TC-A)"; and 11 09/06/2005 That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $15,538 from Account No. 250-370-5504-1710 "Mill Street and Macy Street Traffic Signal" (TC04-01)" to Account No. 250-370-5504-7434 "Hunts Lane and "E" Street Traffic Signal" (TC04-19)"; and That the Director of Finance be authorized to amend the FY 2005/06 budget by transferring $44,183 from Account No. 129-367-5504-7156 (SS-C) "Street Safety Improvements at various locations (Annual)" to Account No. 129-367- 5504-7450 "Traffic Signal at Arden Avenue and 20" Street" (TC04-25); and That the Director of Development Services be authorized to execute Change Order No. One in the amount of $110,103 to contract with Macadee Electrical Construction for traffic signal improvements at 5' Street/Waterman Avenue; 3rd Street/Waterman Avenue; Base Line Street/"E" Street; Base Line Street/Arrowhead Avenue; Pepper Avenue/Rialto Avenue (TC04-02); Hunts Lane/"E" Street (TC04-19); and Arden Avenue/20' Street (TC04-25). The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2005-296 - Resolution of the City of San Bernardino authorizing and directing execution of a License and Agreement with Lockheed Martin Corporation (LMC) for encroachment of a groundwater monitoring well in the public right-of-way of South Amos Street approximately 170 feet north of East Dumas Street. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-296 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. Authorize Director of Finance to amend Purchase Order No. 998892 issued to Nikola Construction for sewer improvements on Victoria Avenue - Richardson Street to Mt. View Avenue (SW 04-32); Cooley Drive - Richardson Street to Mt. View Avenue (SW 04-33); Richardson Street - Cooley Drive to Victoria Avenue (SW 04-34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW 04-35); and pavement rehabilitation on Victoria Avenue - Richardson Street to Mt. View Avenue (SS O4-120); Cooley Drive - Richardson Street to Mt. View Avenue (SW 04-33); "I" Street - Marshall Boulevard to 30' Street (SW 04-30); 35' Street - Del Rey to Harrison Street (SW 04-31) per Project Plan No. 11237 12 09/06/2005 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend Purchase Order No. 998892 issued to Nikola Construction for sewer improvements on Victoria Avenue - Richardson Street to Mt. View Avenue (SW 04-32); Cooley Drive - Richardson Street to Mt. View Avenue (SW 04- 33); Richardson Street - Cooley Drive to Victoria Avenue (SW 04-34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW 04-35); and pavement rehabilitation on Victoria Avenue - Richardson Street to Mt. View Avenue (SS- 04-120); Cooley Drive - Richardson Street to Mt. View Avenue (SW 04-33); "I" Street - Marshall Boulevard to 30' Street (SW 04-30); 35' Street - Del Rey to Harrison Street (SW 04-31) per Project Plan No. 11237 as indicated on the spreadsheet attached to the staff report dated August 29, 2005, from James Funk, Director of Development Services. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2005-297 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to David T. Wasden, Inc., for sewer and street improvements on 340 Street - Leroy Street to Waterman Avenue (SW 04-23); 481h Street - "F" Street to Electric Avenue (SW 04-24); and street improvements on Richardson Street - San Bernardino Avenue to Victoria Avenue (SW 04-34); Cooley Avenue - Tippecanoe Avenue to Gage Canal (SW 04-35); and "E" Street - 2°" Street to 4' Street (SW 04-06), per Project Plan No. 11147. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2004/05 budget by transferring funds as indicated in the spreadsheet entitled "Sewer and Street Improvement Cost Distribution for Project No. 11147" attached to the staff report dated August 23, 2005 from James Funk, Director of Development Services; and that said resolution be adopted. The motion carried and Resolution No. 2005-297 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2005-298 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to approve a Utility Undergrounding Agreement with Evergreen - Baseline Mt. Vernon, L.L.C., an Arizona Limited Liability Company for undergrounding of overhead utility lines along Herrington Avenue south of Base Line Street. 13 09/06/2005 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-298 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2005-299 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 16509-4 (Unit 4 - Lots 74 through 90) and the Final Map for Tract No. 16509-5 (Unit 5 - Lots 91 through 105) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel, accepting the public dedications as set forth on said maps; and authorizing execution of the standard form of agreement for the improvements in said subdivisions, with time for performance specified. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-299 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 23. Authorize budget amendment omitted at the August 1, 2005 meeting of the Mayor and Common Council (Item No. 17) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Finance be authorized to amend the FY 2005/2006 budget by increasing Revenue Account No. 001-000- 4710 by $25,000 and Expenditure Account No. 001-185-5502 by $25,000 to cover the balance of the anticipated expenses and revenue reimbursements for Srinivasa S. Bhat for FY 2005/2006. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 24. RES. 2005-300 - Resolution of the City of San Bernardino amending Resolution No. 655 entitled, in part, "A Resolution ... designating certain streets, or portions thereof as through highways..." and establishing a four-way stop at the intersection of Palm Avenue at Verdemont Drive. 14 09/06/2005 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-300 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2005-301 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino City Fire Department to enter into an Interagency Instructional Services Agreement with Rancho Santiago Community College District to provide fire personnel training. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; that the Mayor and Common Council authorize the addition of one (1) part-time Administrative Clerk II position; that the Director of Human Resources be directed to update Resolution No. 6413, Section Ten, to reflect this action; and that the Director of Finance be authorized to incorporate the revenues and expenditures associated with this program into the FY 2005/2006 Fire Department budget in accordance with this staff report and attachments dated August 23, 2005, from Fire Chief Larry Pitzer. The motion carried and Resolution No. 2005-301 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. Establish salaries for Police Department Ranges P-1, P-2, P-3 and Law Enforcement Trainee, effective August 1, 2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the salaries for Police Department Ranges P-1 (Police Officer), P-2 (Detective/Corporal), P-3 (Sergeant) and Law Enforcement Trainee be established, effective August 1, 2005; that the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and that the Mayor and Common Council authorize the Finance Director to amend the FY 2005/06 budget to transfer $661,700 from the General Government Budget (001-092-5011) to the Police Department budget in the General Fund and make the appropriate adjustments to the various Police grants. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15 09/06/2005 27. Establish salaries for Police Department Ranges P-4, P-5, P-6, & P-7, effective August 1, 2005 Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McCammack, that the salaries for Police Department Ranges P-4 (Lieutenant), P-5 (Captain), P-6 (Assistant Police Chief), and P-7 (Police Chief), be established, effective August 1, 2005; that the Human Resources Department be directed to amend Resolution No. 6429 to reflect the above action; and that the Mayor and Common Council authorize the Finance Director to amend the FY 2005/06 budget to transfer $78,700 from the General Government budget (001-092-5011) to the Police Department budget in the General Fund and make the appropriate adjustments to the various Police grants. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 28. Item Deleted 29. RES. 2005-310 - Resolution of the City of San Bernardino authorizing the Mayor of San Bernardino to execute a Services Agreement with the San Bernardino City Unified School District for the operation of the School Crossing Guards Program by the Police Department. Due to the fact that his wife is a member of the school board, City Attorney Penman left the Council Chambers and returned after the vote was taken. He advised that the resolution had been reviewed and signed off by Special Counsel Timothy Sabo. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-310 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 authorizing the San Bernardino Police Department to enter into a lease agreement with "World Plaza L.L.C." to pay $1,571.50 per month for the San Bernardino Police Department Eastern District Command office space at 1535 E. Highland Ave., Suite C, San Bernardino. Note: Resolution was not included in backup materials. 16 09/06/2005 Council Member/Commissioner Longville stated that she thought the Council needed to look at this matter in light of the other police substations —that this item should not be approved without looking at the impact it will have, and what the policy will be, on the other sites. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued. (Note: There was no vote taken.) City Attorney Penman advised that his office had sent World Plaza L.L.C. some recommended changes to the agreement; however, World Plaza had not responded or returned the documents, so there was nothing to vote on at this time. Council Member/Commissioner Longville amended her motion, seconded by Council Member/Commissioner McCammack, that the matter be referred to the Ways and Means Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 31. RES. 2005-302 - Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-302 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. RES. 2005-311 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to annual Purchase Order No. 206342 to Consolidated Fabrication Corp. and issuance of a purchase order to Wastequip for the purchase of commercial/residential front -load and roll - off refuse bins utilized by the Public Services Refuse Division. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-311 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17 09/06/2005 33. RES. 2005-303 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to an annual Purchase Order No. 206291 to Rehrig Pacific Company for the purchase of automated carts for residential refuse services. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-303 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 34. RES. 2005-304 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an increase to the Purchase Order No. 206290 to Inland Regional Material Recovery for green waste processing and solid waste transfer for a total purchase order amount not to exceed $1,030,400.00. Council Member/Commissioner McGinnis 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 2005/06 Refuse budget by appropriating an additional $400,000 from the unappropriated Refuse Fund balance to Account No. 527-412-5179 (Dump/Waste Fee Account) as indicated in the staff report, dated July 26, 2005, from Ken Fischer, Director of Public Services. The motion carried and Resolution No. 2005-304 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 35. RES. 2005-305 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Fairview Ford for two 2006 F-650 chassis complete with eight (8) cubic yard refuse rear loader body and CNG conversion; and authorizing the Purchasing Manager to solicit lease -purchase rate quotes and award a lease - purchase to the lowest responsible leasing company. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-305 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18 09/06/2005 36. RES. 2005-306 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the action of the Board of Water Commissioners to approve water service for property outside the corporate limits of the City of San Bernardino located at 1233 East 39t° Street, San Bernardino, APN 0271-501-01-0000. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-306 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 37. Authorization to proceed with the de -annexation of a 3.62-acre parcel of land generally located at the northeast corner of the city at the top of Church Street Council Member/Commissioner McCammack expressed concern regarding the de -annexing of almost four acres to the City of Highland, thereby giving up a potentially developable piece of land that might have added as much as $25,000 a year net to the City's tax base. She also expressed surprise that the Legislative Review Committee members didn't at least insist that we swap some land for this piece of property —possibly something closer to the air base where we have had a lot of development activity. She stated that she understood that it would be costly for the City to provide certain types of services to this island of property; however, we do charge the public for services that we provide for refuse, water, etc. Council Member/Commissioner McCammack made a motion that the Mayor and Council direct the City Attorney's office to draw up language that restricts the City of Highland to doing exactly what the staff report is proposing that they will do with this piece of property, which is simply to build single family residences as opposed to apartments. The motion failed for lack of a second. Council Member/Commissioner Derry advised that this property is basically landlocked because it sits on a cliff —that the only access to the property is through the City of Highland, and it would be expensive to provide services to this area because it is only going to be approximately five homes. He stated it is not just a matter of revenue —it's a matter of good government. In fact, it probably should have been included in the City of Highland years ago when they originally incorporated because they are the only governmental agency that can truly serve it in a manner that our constituents would expect to be served. He stated he did not believe in a land swap because this property would cost more 19 09/06/2005 to service than we would get in tax base. He stated it would be a net loss to the City of San Bernardino and in the long run other taxpayers in San Bernardino would be subsidizing the services to these five homes. Council Member/Commissioner Kelley stated that he does not support any apartments anywhere in the City of San Bernardino; and he was confident, based on the information that they had at LRC, that this will be a residential development and not an apartment complex. Council Member/Commissioner Johnson stated that during the LRC meeting they looked at the pros and cons before they came to this decision, and all things considered, this is just the right thing to do. Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services be authorized to initiate proceedings for the de -annexation of a 3.62-acre parcel of land generally located at the northeast corner of the city at the top of Church Street. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. 38. RES. 2005-312 - Resolution of the City of San Bernardino amending Resolution No. 6413, Sections Ten and Thirteen, entitled in part "A Resolution ... establishing a basic compensation plan ..."; by updating information codifying prior Council actions (General Unit & Part -Time Employees). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-312 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 39. Reclassify - one (1) Customer Service Representative position to a Senior Customer Service Representative position - Facilities Management 20 09/06/2005 F Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council reclassify one (1) position of Customer Service Representative, Range 1337, $2384-$2897/month to the position of Senior Customer Service Representative, Range 1357, $2634-$3201/month; and that the Director of Human Resources be authorized to update Resolution Nos. 6413 and 97-244 to reflect this action. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 40. Reclassify - one (1) Account Clerk III position to an Administrative Analyst II position & adjust salary for Police Records Supervisor position - Police Department Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council reclassify one (1) position of Account Clerk III, Range 1348, $2518- $3061/month to the position of Administrative Analyst II, Range 4449, $4167- $5065/month; adjust the salary for the position of Police Records Supervisor from Range 2368, $2782-$3382/month to Range 2400, $3264-$3967/month; and that the Director of Human Resources be authorized to update Resolution Nos. 6413 and 97-244 to reflect these actions. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 41. Public hearing - resolution of necessity for acquisition of real property by eminent domain - corner of 2°" Street and Viaduct Boulevard, relative to the extension of Giovanola Avenue RES. 2005-308 - Resolution of the City of San Bernardino finding and determining that the public interest and necessity require the acquisition of a portion of certain real property located on the northeast corner of 2°" Street and Viaduct Boulevard relative to the extension of Giovanola Avenue, in San Bernardino. Mayor/Chairman Valles opened the hearing. James Funk, Director of Development Services, provided an overview of the staff report. 21 09/06/2005 No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2005-308 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 42. Public hearing - resolution ordering the vacation of a portion of University Parkway, westerly of Northpark Boulevard RES. 2005-309 - Resolution of the City of San Bernardino ordering the vacation of a portion of University Parkway, westerly of Northpark Boulevard (Plan No. 11472.) Mayor/Chairman Valles opened the hearing. James Funk, Director of Development Services, provided an overview of the staff report. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and the Findings of Fact, as set forth in the staff report dated August 2, 2005, from James Funk, Director of Development Services, as to why a portion of University Parkway, westerly of Northpark Boulevard, is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2005-309 was adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 43. RES. 2005-313 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the San Bernardino Employment and Training Agency ("SBETA") to enter into a lease with Arrowhead Professional Center, L.P., for premises located at 600 N. Arrowhead Avenue, Suite 300, San Bernardino. (Continued from August 15, 2005) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 22 09/06/2005 Resolution No. 2005-313 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: Council Member/Commissioner McCammack. R44. Public hearing - 2005 Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino and Arrowhead Central Credit Union, A California Corporation (Central City South Redevelopment Project Area) (Continued from July 18, 2005) Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Arrowhead Central Credit Union, A California Corporation ("Developer") (Agency property located north of Mill Street, west of "E" Street (APN 0136-111-22) - 8.2 acres in the City of San Bernardino ("Property") and making certain findings thereto related to the development of the Project. (R44A) Resolution of the Community Development Commission of the City of San Bernardino approving the 2005 Disposition and Development Agreement ("DDA") by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and Arrowhead Central Credit Union, a California Corporation ("Developer") and authorizing the Agency Executive Director to execute said DDA relating to the sale and development of Agency property located north of Mill Street, west of "E" Street (APN 0136-111-22) - 8.2 acres in the City of San Bernardino ("Property") and making certain findings thereto related to the development of the Project. (R44B) Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/ Commission meeting of October 17, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. 23 09/06/2005 R45. Public hearing - 2005 49' Street Single Family Residential Disposition and Development Agreement - TELACU Development, LLC (40`s Street Redevelopment Project Area) (Continued from August 1, 2005) Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 49d' Street Single Family Residential Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and TELACU Development, LLC ("Developer") (TELACU 49`s Street New Homes Project - 401° Street Redevelopment Project Area.) (R45A) Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute the 2005 49' Street Single Family Residential Disposition and Development Agreement by and between the Redevelopment Agency of the City of San Bernardino ("Agency") and TELACU Development, LLC ("Developer") (TELACU 491" Street New Homes Project - 401e Street Redevelopment Project Area.) (R45B) Note: No backup materials were distributed. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of September 19, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Member/Commissioner McCammack. R46. Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to execute the 2005 HOME Grant Agreement by and between the Agency and Ramona Senior Complex, Inc., a non-profit corporation - 1519 West 8' Street. (Continued from August 15, 2005) Due to the fact that Casa Ramona is her employer, Council Member/ Commissioner Estrada left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the matter be continued to the Council/ Commission meeting of October 3, 2005. 24 09/06/2005 F The motion carried by the following vote: Ayes: Council Members/ Commissioners Longville, McGinnis, Derry, Kelley, Johnson. Nays: None. Absent: Council Members/Commissioners Estrada, McCammack. PLANNING ITEMS Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, McGinnis, Derry, Johnson, McCammack; Deputy City Attorney Empeno, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners Longville, Kelley. 47. Public hearing - General Plan Amendment No. 05-03 - Development Permit II No. 05-05 - Lot Line Adjustment No. 05-05 - a request to modify the Circulation Element to designate Central Avenue as a secondary arterial between Tippecanoe Avenue and Lena Road & to construct a 914,280 square foot industrial facility and adjust property lines between two parcels RES. 2005-314 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 05-03 to the General Plan of the City of San Bernardino, to change Central Avenue from a major arterial to a secondary arterial between Tippecanoe Avenue and Lena Road. Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner/Deputy Director, Development Services Department, provided an overview of the staff report. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that the Mayor and Common Council adopt the Mitigated Negative Declaration and the Mitigation Monitoring/Reporting Program; adopt said resolution; and that Development Permit II No. 05-05 and Lot Line Adjustment No. 05-05, be approved based upon the Findings of Fact contained in the staff report dated August 23, 2005, from James Funk, Director of Development Services, and subject to the Conditions of Approval and Standard Requirements, as modified. The motion carried and Resolution No. 2005-314 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Johnson, McCammack. Nays: None. Absent: Council Members/ Commissioners Longville, Kelley. 25 09/06/2005 Council Member/Commissioner Longville Returned At 6:04 p.m., Council Member/Commissioner Longville returned to the Council/ Commission meeting. 48. Public hearing - General Plan Amendment No. 05-09 - Conditional Use Permit No. 05-10 — to change the land use designation of approximately 7.6 acres from RL, Residential Low, to CG-3, Commercial General University Village land use district & construct a multi -tenant commercial shopping center RES. 2005-315 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 05-09 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RL, Residential Low, to CG3, Commercial General University Village for 7.6 acres located at the northwest corner of University Parkway and Northpark Boulevard. Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner/Deputy Director, Development Services, reviewed highlights of the staff report. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that the hearing be closed; that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan; that said resolution be adopted; and that Conditional Use Permit No. 05-10 be approved based upon the Findings of Fact contained in the Planning Commission Staff Report and subject to the Conditions of Approval (Attachment C) and Standard Requirements (Attachment D). The motion carried and Resolution No. 2005-315 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Johnson, McCammack. Nays: None. Absent: Council Member/ Commissioner Kelley. 26 09/06/2005 49. Public Comments Deanna Adams, 1156 North "F" Street, San Bernardino, CA, questioned why the City would give land to the San Bernardino Municipal Water District (North Lake Project) and stated that this project has to be mitigated. She stated that in approving the plan, the Council failed the citizens of San Bernardino, that it will be nothing more than a watering hole, and she recommended renovation of the existing homes instead. Chris Tobar, 103 East 49' Street, San Bernardino, CA, asked what was being done as a city to help the victims of Hurricane Katrina, and what more could be done. He requested that the flags throughout the city be lowered to half-staff in memory of the hurricane victims. City Administrator Wilson repeated his announcement from earlier in the meeting that two businesses who contract with the City, Transtech Engineering and Watson & Associates, had offered to match any contributions made by City employees up to $10,000 each for the victims of Hurricane Katrina. Also, the local Arrowhead United Way office will send any donations for the hurricane victims directly to their branch offices in that area. Beverly Smith, Miracles in Recovery, 1064 North "D" Street, San Bernardino, CA, stated that this organization provides services to women who are homeless, pregnant, and drug addicted. They have two facilities —one located at 2316 Valencia Avenue and the other at 1064 North "D" Street. Both of these homes have been approved by the State of California and passed the certification for drug Medi-Cal; however, they need a letter signed off by the City's Planning Department saying that they do not need a use permit for a facility of six or less individuals. They would then be able to complete their application and receive their license. She stated that they have been unsuccessful in speaking with anyone in the Planning Department in order to get this matter resolved and they need to get this done before October 1. Mayor/Chairman Valles advised that staff would look into the matter. Council Member/Commissioner McCammack ascertained that the facility on Valencia was currently open and operating. Ms. Smith stated that women are living there, but what they are trying to do is to have it operated as a drug Medi-Cal perinatal facility for six women or less. Roger Henderson, Valencia Avenue, San Bernardino, CA, expressed his support of James Penman for Mayor. 27 09/06/2005 50. Adjournment At 6:15 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, September 19, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 50 No. of Hours: 4.75 RACHEL G. CLARK City Clerk By: 4d!�� '�) &:ti Linda E. Hartzel Deputy City Clerk 28 09/06/2005