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HomeMy WebLinkAbout10-17-2005 MinutesCITY OF SAN BERNARDINO 300N. "D"Street San Bernardino, CA 92418 Website: www.sbeity.org MINUTES MAYOR AND COMMON COUNCIL AND THE COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 17, 2005 COUNCIL CHAMBERS Mayor Judith Valles Council Members: Esther Estrada Susan Longville Gordon McGinnis Neil Derry Chas Kelley Rikke Van Johnson Wendy McCanunack 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 1:41 p.m., Monday, October 17, 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, Derry, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Members/Commissioners McGinnis, Kelley, Johnson. Council Member/Commissioner Kelley Arrived At 2 p.m., Council Member/Commissioner Kelley 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 10/17/2005 H. Roger Wang, et al. v. Wal-Mart Real Estate Business Trust, et al. - San Bernardino Superior Court Case No. SCVSS 129158; City of San Bernardino v. Henry Barber - San Bernardino Superior Court Case No. SCISS 117517; La France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDCV 00-107 RT (RNBx). 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: Mountain Business Park, Claim No. 0413-06-00034 C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: Negotiator: Linn Livingston, Human Resources Director Employee Organizations: San Bernardino City Professional Firefighters San Bernardino Police Officers Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8: 1. Property: 247 West 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 2 10/17/2005 2 3 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. Property: Community Facilities: Delmann Heights Community Center Fifth Street Senior Center Lytle Creek Community Center Mill Community Center Nicholson Community Center Perris Hill Park Senior Park Ruben Campos Community Center Rudy Hernandez Community Center Norton/Galaxy Ballroom 2669 N. Flores Street 600 W. Fifth Street 380 S. "E" Street 503 S. "E" Street 2750 W. Second Street 780 E. 2111 Street 1717 W. Fifth Street 222 N. Lugo 1494 Art Townsend Drive 3 10/17/2005 Negotiating Parties: Marianne Milligan, City Attorney's Office, and Lemuel P. Randolph, Director, Parks, Recreation & Community Services Department, for property owner; Gregory Humpal, Contract Analyst, San Bernardino City Unified School District 5. Property: Vacant land APN 0136-111-22 Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the Redevelopment Agency, as owner/seller, and Arrowhead Central Credit Union, a California Corporation, as buyer Under Negotiation: Purchase price, terms and conditions City Attorney Penman announced that the following item had been discussed in closed session: Recommended promotion of Thomas Marek, from Risk Manager, Human Resources Department, to Information Services Director, Information Services Department. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Council Members/Commissioners McGinnis & Johnson Arrived At 3:09 p.m., Council Members/Commissioners McGinnis and Johnson arrived at the Council/Commission meeting. Invocation/Pledge of Allegiance The invocation was given by Sister Carmel Crimmins of the Diocese of San Bernardino, followed by the pledge of allegiance, led by Council Member/Commissioner Longville. Moment of Silence Mayor/Chairman Valles expressed condolences to the families and requested a moment of silence in memory of former Fifth Ward Councilman Gordon Quiel, longtime resident of San Bernardino and co-owner of Quiel Bros. Sign Company and the Stardust Roller Rink; Robert Cravens, who recently retired after serving 20 years as a forensic supervisor in the Police Department; Pasquale DeBellis, who operated the DeBellis Music store until 1969; and Dr. James Roberts Savage, lifelong resident of San Bernardino and founding member of the San Bernardino Medical Group, past president of the YMCA, member of the Board 4 10/17/2005 of Directors and active volunteer for the Lighthouse for the Blind, and member of the City School Board for 16 years. 2. Appointments • Louis A. Fernandez - Board of Water Commissioners - Mayor/Chairman Valles • A. Jay Munoz - Planning Commission Alternate - Mayor/Chairman Valles • Bronica Martindale - Fine Arts Commission - Council Member/Commissioner Rikke Van Johnson Council Member/Commissioner Johnson made a motion, seconded by Council Member/Commissioner Estrada, that the appointments of Louis A. Fernandez to the Board of Water Commissioners, A. Jay Munoz, as alternate to the Planning Commission, and Bronica Martindale, to the Fine Arts Commission, as requested by Mayor/Chairman Valles and Council Member/Commissioner Johnson, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 3. Presentations & Proclamations A resolution of commendation was presented to Gary Van Osdel, Executive Director of the Economic Development Agency, on the occasion of his retirement, in acknowledgment of his dedication and contributions to the betterment of the community. A resolution of commendation was presented to Bernard "Bernie" Kersey, General Manager of the Water Department, on the occasion of his retirement, in acknowledgment of his dedication and outstanding contributions to the City of San Bernardino. June Durr, Public Information Officer in the Mayor's Office, read a proclamation declaring October 22, 2005, as "Make a Difference Day In Your City." Certificates of Recognition were presented to: Teresa Martin, Interim Assistant Director; Dan Ustation, Parks Superintendent; Glenda Martin Robinson and Mitch Assumma, Senior Recreation Supervisors; Lesa Nichols, Rhawnie Hughbanks, Administrative Clerks; and Traci Burnett, Nutrition Coordinator, of the Parks, Recreation and Community Services Department, for successfully securing $375,000 in grant funds for a synthetic soccer field for Nunez Park and $701,864 for a new gymnasium for the Ruben Campos Center. 5 10/17/2005 Cl 5 A resolution of commendation was presented to Gloria Olave Chavez honoring her and Ballet Folklorico on the occasion of their 20' anniversary. June Durr, Public Information Officer in the Mayor's Office, read a resolution commemorating the 40' anniversary of the Southern California Association of Governments (SCAG). Jim Gerstenslager of the Western Regional Little League presented the Mayor and Council with a pin collection of this year's participating teams as a token of appreciation for their generous support of the tournament. Councilman Kelley presented certificates of recognition to Neighborhood Improvement Program (NIP) participants Irma Gonzales, Alexis Ortiz, Elizabeth White, and Richard Goodermont. Maggie Pacheco, Economic Development Agency Deputy Director, also wanted to thank two members of her staff, James Wilmont and Diana Sanchez. June Durr, Public Information Officer in the Mayor's Office, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Valles in recognition of their many years of dedicated service to the City: Name Roger Davis Eudora Otterbein Tim Smith Bryan Turner Lesa Nichols Paula Clay Michele Mahan Rachel May Announcements Department City Clerk City Clerk Fire Fire Parks, Recreation & Community Services Police Police Police Years of Service 15 10 10 5 5 20 10 20 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. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Longville 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. 6 10/17/2005 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 6. Claims & Payroll Council Member/Commissioner Longville 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 October 4, 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. 7. Personnel Actions Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that the personnel actions, as submitted by the Chief Examiner, dated October 17, 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. 8. RES. 2005-335 - 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 Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-335 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 9. RES. 2005-336 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino in the case of Patrick Major v. San Bernardino Fire Department, City of San Bernardino, et al. 7 10/17/2005 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-336 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. Council Member/Commissioner Longville 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. 2005-337 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Tract Map No. 14746, located at the intersection of "F" Street and Hill 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 Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-337 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 12. RES. 2005-338 - Resolution of the City of San Bernardino establishing fair market value and minimum sale price for certain City owned parcels of real property generally located between "D" Street and Stoddard Avenue, north of 29th Street and south of State Route 210, and setting a public hearing to consider said sale. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 8 10/17/2005 Resolution No. 2005-338 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 13. RES. 2005-339 - Resolution of the Mayor and Common Council of the City of San Bernardino approving Standard Form of Agreement for Subdivision Tract No. 16509-3 (Lots 60 through 73) located on the west side of Northpark Boulevard between University Parkway and the Devil Creek Flood Control Channel with Richmond American Homes of California, Inc., with time of performance specified, and authorizing release of University Park, LLC from terms of Standard Form of Agreement for Tract No. 16509-3 (Lots 60 through 73) as approved by Resolution No. 2005-114 dated May 16, 2005. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-339 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14. RES. 2005-340 - Resolution of the City of San Bernardino preliminarily determining that the public convenience and necessity require the formation of a landscape maintenance assessment district located in the Palm Avenue and Irvington Avenue Area without compliance with the Special Assessment Investigation, Limitation and Majority Protest Act of 1931; declaring its intention to proceed to order work within the district, to be known as Assessment District No. 1043, Zone 1 and Zone 2; preliminarily approving the Engineer's Report and giving notice of a public meeting and public hearing. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that the Director of Development Services and the City Clerk be authorized to proceed under SBMC 12.90, with the establishment of a Landscape Maintenance Assessment District in the Palm Avenue and Irvington Avenue area (Tract Nos. 15940 and 16457), to be known as Assessment District No. 1043 Zone 1 and Zone 2; and that said resolution be adopted. The motion carried and Resolution No. 2005-340 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 15. RES. 2005-341 - Resolution of the City of San Bernardino approving Services Agreements with Albert Johnson and California Code Check for provision of contract building inspection services. 9 10/17/2005 Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-341 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16. RES. 2005-353 - Resolution of the City of San Bernardino directing and authorizing the execution of a Sales and Purchase Agreement and the execution of a grant deed to J. R. Watson & Associates relative to the sale of City property generally located at the northeast corner of Pine and Belmont Avenues and the southeast corner of Ohio and Pine Avenues in the City of San Bernardino. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-353 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 17. RES. 2005-342 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an annual purchase order with three one-year renewal options to SK Telecon, Inc. for the cable pull services to the City's telephone system for the Facilities Management Department in the amount of $34,398.00. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-342 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 18. RES. 2005-343 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the issuance of an annual purchase order with three one-year renewal options to Nexus I.S. for the equipment maintenance of the City's telephone system for the Facilities Management Department in the amount of $44,460.15. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. 10 10/17/2005 Resolution No. 2005-343 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 19. RES. 2005-344 - 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 Facilities Management Department. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-344 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20. RES. 2005-345 - Resolution of the Mayor and Common Council of the City of San Bernardino approving an Authorized Provider Agreement between the City of San Bernardino Fire Department and the American Red Cross Inland Empire Chapter. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-345 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 21. RES. 2005-346 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting a Standard Agreement to be used for gaining the permission of parcel owners to enter their property for the purposes of conducting prescribed and/or structural training burns. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-346 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 22. RES. 2005-354 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the Sinfonia Mexicana for the promotion of arts and culture. The following individuals spoke in support of Sinfonia Mexicana: 11 10/17/2005 Tony Bocanegra, Sinfonia Mexicana, 468 W. 5`h Street, San Bernardino, CA; Maurice Calderon, President of Sinfonia Mexicana, 550 E. Hospitality Lane, San Bernardino, CA; and Sydney Jones, San Bernardino Adult School, 6985 Bonita, Highland, CA. Council Member/Commissioner Derry indicated that he would be casting a "no" vote on this item as well as Agenda Item No. 23. He stated that cities should provide public safety, maintain roads and parks, and pick up trash; and he feels that these funds would be better suited for those purposes. He stated that he agrees with the Mayor that the City should have a culturally diverse community, and that students should be enriched in the arts; however, he believes the City's priorities are misguided at this time. City Administrator Wilson stated that funding was included in the budget and was approved for both of these events, and that this is the second step in finalizing the agreement. Council Member/Commissioner McCammack stated that over the years the City collects fees from developers for the fine arts and there is a certain percentage the City is supposed to set aside for these kinds of events. She added that it is the Fine Arts Commission that makes the recommendation to the Mayor and Common Council. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-354 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Johnson, McCammack. Nays: Council Members/Commissioners Derry, Kelley. Absent: None. 23. RES. 2005-355 — Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with the San Bernardino Symphony Orchestra for the promotion of arts and culture. The following individual spoke in support of the San Bernardino Symphony: Mary Schnepp, 1110 Devonshire, San Bernardino, CA. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-355 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Johnson, McCammack. Nays: Council Members/Commissioners Derry, Kelley. Absent: None. 12 10/17/2005 24. RES. 2005-347 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing reimbursement of costs incurred by GFR/Century Homes for installation of a 2-inch water meter and architectural conceptual landscape drawings for a new City park in the University Heights Development. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-347 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 25. RES. 2005-348 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the submittal of a Community Foundation Grant application in the amount of $6,535 from the Community Foundation serving Riverside and San Bernardino Counties for the Senior Companion Program (SCP) and authorizing the Director of Parks, Recreation and Community Services to administer the grant funding. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-348 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 26. RES. 2005-349 - Resolution of the City of San Bernardino ratifying the submittal of a grant application and authorizing the Police Department to administer the allocated FY 2005 Buffer Zone Protection Plan (BZPP) grant funds in accordance with the grant expenditure plan. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-349 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 27. Item Deleted. 13 10/17/2005 28. RES. 2005-350 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of the renewal of a Memorandum of Understanding (MOU) for the San Bernardino Police Department to participate as a member of the United States Department of Justice, Drug Enforcement Administration (II)EA) Task Force. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-350 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 29. RES. 2005-351 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying the execution of a purchase order to Guzman Construction for the repair and/or clean out of approximately six hundred and eighty feet of Meyer Road storm drain. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-351 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 30. RES. 2005-352 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing purchase orders to Matich Corporation and Vulcan Material/CalMat Division to supply materials, equipment and labor for roadway pavement repairs for use by the Public Services Street Division for CIP projects. City Attorney Penman abstained on this matter due to the fact that Mr. Matich has made contributions to his City Attorney campaign. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. 2005-352 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 14 10/17/2005 31. RES. 2005-356 - Resolution of the Mayor and Common Council of the City of San Bernardino approving Standard Form of Agreement for Subdivision Tract No. 14604 located at the northeast corner of Ohio and Magnolia Avenues with KB Home Greater Los Angeles Inc., with time of performance specified, and authorizing release of Richard L. Elder and Kevin R. Elder from terms of Standard Form of Agreement for Subdivision Tract No. 14604 as approved by Resolution No. 2003-129, dated June 16, 2003. (Continued from October 3, 2005) Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2005-356 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 32. Resolution of the City of San Bernardino adopting an updated Non- Discrimination/Workplace Harassment Policy for said City and repealing Resolution No. 95-154. (Continued from October 3, 2005) The following individuals spoke in opposition to the proposed sexual harassment policy: Kat Grossman, 654 Maywood Avenue, San Bernardino, CA; and Trisha Wallis, 3739 Palm Crest Drive, Highland, CA. Council Member/Commissioner Derry inquired as to whether elected officials are covered in the same way employees are covered under this document. Stephanie Easland, Assistant City Attorney, answered in the affirmative, stating that elected officials are included in the definition of "employee"; however, unlike civil service and at -will employees, elected officials cannot be terminated per the City Charter. Mayor/Chairman Valles stated that the policy holds true for both elected officials and employees, the exception is that elected officials cannot be fired. Council Member/Commissioner McCammack stated that they, as elected officials, can be sued by an employee of the City of San Bernardino just like they can be sued by anyone that makes a claim against them for sexual harassment. City Attorney Penman stated that he had a suggestion that he made back in 1995 that would put real teeth into this policy and could result in removing an elected official. He referred to Government Code Section 3060, "Accusation by grand jury," which reads: "An accusation in writing against any officer of a district, 15 10/17/2005 county, or city, including any member of the governing board or personnel commission of a school district or any humane officer, for willful or corrupt misconduct in office, may be presented by the grand jury of the county for or in which the officer accused is elected or appointed. An accusation may not be presented without the concurrence of a least 12 grand jurors." Mr. Penman stated that if an internal investigation comes up with evidence to support a charge that an elected official has been harassing City employees, it would be a simple matter to include language in the resolution that the matter shall be referred to the District Attorney's Office to proceed pursuant to Government Code Section 3060, and then that person could be removed from office. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. The motion failed by the following vote: Ayes: Council Members/ Commissioners Derry, McCammack. Nays: Council Members/Commissioners Estrada, Longville, McGinnis, Kelley, Johnson. Absent: None. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that the matter be referred to the Personnel Committee. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Kelley, Johnson, McCammack. Nays: Council Member/Commissioner Derry. Absent: None. 33. Workshop - MIC Room - 6" Floor City Hall - discuss and take possible action concerning issuance of Pension Obligation Bonds RES. 2005-357 - Resolution of the Mayor and Common Council of the City of San Bernardino supplementing Resolution No. 2005-79 providing for the issuance of Pension Obligation Bonds, approving the form of and authorizing the execution and delivery of a Trust Agreement and Bond Purchase Agreement, and authorizing other matters relating thereto. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2005-357 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 16 10/17/2005 34. RES. 2005-361 - Resolution of the Mayor and Common Council of the City of San Bernardino supporting the Santa Ana River Trail Concept Plan and commitment to partner with the County of San Bernardino and other entities as necessary to secure funding to implement the plan. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted; that the Director of Development Services be authorized to initiate amendments to the General Plan as needed pursuant to the Concept Plan for review by the Planning Commission and approval of the Mayor and Common Council; that the City Administrator be directed to prepare an Action Plan that specifies each department's responsibilities pursuant to the Concept Plan; and that the Mayor and Common Council establish a Santa Ana River Trail Commission comprised of trail supporters that will advise the Mayor and City Council on implementation opportunities through quarterly updates at regularly scheduled meetings of the Mayor and Common Council. The motion carried and Resolution No. 2005-361 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson. Nays: Council Member/Commissioner McCammack. Absent: None. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk Clark, Economic Development Agency Executive Director Van Osdel. Absent: None. R35. Public hearing - 2005 Disposition and Development Agreement - Arrowhead Central Credit Union, a California Corporation (Central City South Redevelopment Project Area (Continued from September 6, 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. (R35A) 17 10/17/2005 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. (R35B) Mayor/Chairman Valles indicated that staff had requested that this item be tabled. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner McCammack, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R36. Public hearing - 2005 49`h Street Single Family Residential Disposition and Development Agreement - TELACU Development, LLC - 40`h Street Redevelopment Project Area (Continued from September 19, 2005) Resolution of the Mayor and Common Council of the City of San Bernardino approving the 2005 49`h 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`h Street New Homes Project - 40`h Street Redevelopment Project Area). (R36A) 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 49`h Street New Homes Project - 40`h Street Redevelopment Project Area). (R36B) Note: No backup materials were distributed. Mayor/Chairman Valles indicated that staff had requested that this item be continued to November 7, 2005. 18 10/17/2005 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of November 7, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R37. Public hearing - Request to provide a HOME Grant to Mary's Mercy Center for Veronica's Home Transitional Housing Project 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 Mary's Mercy Center, Inc., a non-profit public benefit corporation - 641 Roberds Avenue (IVDA Redevelopment Project Area). Note: No backup materials were distributed. Mayor/Chairman Valles indicated that staff had requested that this item be continued to November 21. 2005. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the matter be continued to the Council/ Commission meeting of November 21, 2005. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R38. Designate Agency check signers - Secretary and Assistant Secretary of the Commission RES. CDC/2005-34 - Resolution of the Community Development Commission of the City of San Bernardino, California, designating check signers and countersigners for the City of San Bernardino Redevelopment/Economic Development Agency checks and wire transfers, and repealing Resolution No. CDC/2004-40. (R38A) RES. CDC/2005-35 - Resolution of the Community Development Commission of the City of San Bernardino, California, authorizing the appointment of Margarita Pacheco as Secretary of the Commission and authorizing the appointment of Barbara Lindseth as Assistant Secretary of the Commission, and repealing Resolution No. CDC/2001-46. (R38B) 19 10/17/2005 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions A&B, be adopted. Resolution Nos. CDC/2005-34 and CDC/2005-35 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R39. RES. CDC/2005-36 - Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director to execute Amendment No. 1 to the 2000 Agreement with Lewis, Brisbois, Bisgaard & Smith, L.L.P., as Agency Special Counsel, extending the 2000 Agreement for 6 months, or through April 30, 2006, on the same terms and conditions of the 2000 Agreement. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2005-36 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. R40. RES. CDC/2005-37 - 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 Amendment No. 2 to the June 2, 2003 Disposition and Development Agreement (DDA) by and between the Agency and J. R. Watson & Associates Development Co. and other affiliated entities as identified in the amended DDA ("Developer"). City Attorney Penman indicated that he had been told that this item was to be continued. Maggie Pacheco, Deputy Director, Economic Development Agency, stated that this item was contingent upon approval of Agenda Item No. 41, and since Agenda Item No. 41 had been approved, this item could go forward. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Johnson, that said resolution be adopted. Resolution No. CDC/2005-37 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 20 10/17/2005 41. Public hearing - General Plan Amendment No. 05-09 and 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, and construct a multi -tenant commercial shopping center RES. 2005-358 - Resolution of the City of San Bernardino re -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 CG-3, Commercial General University Village for 7.6 acres located at the northwest corner of University Parkway and Northpark Boulevard, and repealing Resolution No. 2005-315. Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner/Deputy Director of Development Services, stated that the Mayor and Common Council approved this item last month; however, a change was made to the acreage in the staff report, but they neglected to include that change in the resolution. No public comments were received. Council Member/Commissioner Kelley made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; that the Mayor and Common Council re -adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Plan; that said resolution be adopted; and that Conditional Use Permit No. 05-10 be re -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. 2005-358 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 42. Public hearing - Specific Plan Amendment No. 05-01, General Plan Amendment No. 05-08, Development Permit II No. 05-49, and Tentative Parcel Map No. 17235 - Stater Bros. Markets Distribution Center RES. 2005-359 - Resolution of the City of San Bernardino adopting the Facts, Findings and Statement of Overriding Considerations, certifying the Final Subsequent Environmental Impact Report, adopting the Mitigation Monitoring and Reporting Plan, certifying the Traffic Impact Analysis, adopting Specific Plan Amendment No. 05-01 and General Plan Amendment No. 05-08 for the Stater Bros. Markets Distribution Center. 21 10/17/2005 Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner/Deputy Director of Development Services, acknowledged those who have been involved in this project: Jack Brown, Chairman and CEO of Stater Bros. Markets; Bruce Varner of Varner, Saleson & Brandt, Legal Counsel for Stater Bros. Markets; Scott Limbacher, Vice -President of Construction and Maintenance for Stater Bros. Markets; Wayne Hendrix, Vice - President of Construction Management for Matich Corporation; Tim Bauer of Leo A. Daly Architects; and Timothy Sabo representing the San Bernardino International Airport Authority/Inland Valley Development Agency. Those involved from the City of San Bernardino include: Mark Lancaster, Deputy Director/City Engineer; Robert Eisenbeisz, Senior Civil Engineer, Public Works/Engineering; Henry Empeno, Senior Assistant City Attorney; and Tom Dodson of Tom Dodson & Associates, Environmental Consultant for the City of San Bernardino. Ms. Ross presented highlights of the staff report and recommended approval as proposed. Jack Brown, Chairman and CEO of Stater Bros. Markets, thanked staff and the Council for their support of this project. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that the Mayor and Common Council adopt the resolution and approve Development Permit II No. 05-49 and Tentative Parcel Map No. 17235, based on the Findings of Fact and subject to the Conditions of Approval and Standard Requirements. The motion carried and Resolution No. 2005-359 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 43. Public hearing - Development Agreement Nos. 05-01, 05-02, 05-03 and 05-04 related to the San Bernardino International Trade Center Specific Plan RES. 2005-360 - Resolution of the City of San Bernardino adopting and authorizing the execution of Development Agreement Nos. 05-01, 05-02, 05-03, and 05-04 related to the San Bernardino International Trade Center Specific Plan. Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner/Deputy Director of Development Services, provided an overview of the project. She stated that Development Agreement No. 05-01 is 22 10/17/2005 between Hillwood Development Investments, the Inland Valley Development Agency and the City; Development Agreement No. 05-02 is between the Inland Valley Development Agency, San Bernardino International Airport Authority, Stater Bros. Markets and the City; Development Agreement No. 05-03 is between Hillwood and the City; and Development Agreement No. 05-04 is between Hillwood and the City. Ms. Ross stated that all four agreements are consistent with the provisions of the Development Code and staffs recommendation is that the resolution be adopted for all four agreements. She stated that Section I.F. and Section IV of the resolution were revised to acknowledge compliance with the California Environmental Quality Act (CEQA). No public comments were received Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, that the hearing be closed; and that said resolution be adopted, as amended. The motion carried and Resolution No. 2005-360 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 44. Public hearing — Specific Plan No. 90-01/Conditional Use Permit No. 91-31 — CalMat Cajon Creek Specific Plan — modifications to Conditions of Approval Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner/Deputy Director of Development Services, provided an overview of the project. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that the Mayor and Common Council modify Condition No. 9 to Specific Plan No. 90-01 and Conditional Use Permit No. 91-31 to revise the wording and incorporate the Ca1Mat Cajon Creek Specific Plan Conceptual Landscape Plan. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None. 45. Public Comments Jack Hill, 1033 W. 10' Street, San Bernardino, CA, urged residents to vote "yes" on Measure "S," the City's Library Tax Measure. 23 10/17/2005 Roger Henderson, 2516 Valencia Avenue, San Bernardino, CA, made political statements regarding the upcoming election. Marion Vassilakos, 2386 Denair Avenue, Highland, CA, spoke in support of Measure "S". Frank Hazas, 3326 N. Erwin Street, San Bernardino, CA, stated that he was concerned with the proposed development by Stater Bros. Markets because his recently deceased mother owned property at 879 Rialto Avenue, which is near the subject site. James Penman, 221 E. Marshall Blvd., San Bernardino, CA, made political statements regarding the upcoming election. 46. Adjournment At 7:07 p.m., the meeting was adjourned to Tuesday, November 1, 2005, at 5:00 p.m. in the Council Chambers of City Hall for adoption of the General Plan Update and associated Specific Plans. The next joint regular meeting of the Mayor and Common Council/Community Development Commission is scheduled for 1:30 p.m., Monday, November 7, 2005, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 46 No. of Hours: 5 RACHEL G. CLARK City Clerk Linda Sutherland Deputy City Clerk 24 10/17/2005