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HomeMy WebLinkAbout07-07-2003 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 7,2003 COUNCIL CHAMBERS The joint regular meeting of the Mayor and Common Council and Community Development Commission of the City of San Bernardino was called to order by Mayor/Chairman Valles at 1:40 p.m., Monday, July 7, 2003, 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/Conunissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Council Member/Commissioner Anderson. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - eXlstmg litigation - pursuant to Government Code Section 54956.9(a): California Bio-Mass v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 083473; Ruby Howard v. City of San Bernardino and Does 1 through 25, Inclusive - San Bernardino Superior Court Case No. SCVSS 095713; Sandra Poe v. City of San Bernardino and Does 1 through 25, Inclusive - San Bernardino Superior Court Case No. SCVSS 091880. 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. 7/7/2003 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. Allan Steward and Gil Lara 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: 1. Fire Negotiation Issue G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following additional case would be discussed in closed session under Agenda Item No. lA, existing litigation: Charles Swain v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 69794. Under Agenda Item lB, significant exposure to litigation: Threat of lawsuit from San Manuel neighbors v. City of San Bernardino; Appeal No. 03-07 - determination by Planning Commission that the four-plex located at 2176 N. McKinley Avenue in the PCR, Public Commercial Recreation, land use district has lost its nonconforming status. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, Community Development Commission, and San Bernardino City Housing Authority. 2 7/7/2003 Invocation/Pledge of Allegiance The invocation was given by Pastor Woody Hall of Lutheran Church of Our Savior, followed by the pledge of allegiance, led by Emily Hairgrove, a fifth-grade student at Ramona Alessandro school. Moment of Silence Mayor/Chairman Valles offered condolences to the family and requested a moment of silence in memory of James Michael Roddy, a community leader and native of San Bernardino, who joined the Local Agency Formation Commission (LAFCO) in 1978 and became the Executive Director, having an impact on annexations and incorporations in San Bernardino. 2. Appointments - Jane Messer/Fine Arts Commission - Howard Sullivan/ Board of Police Commissioners - Council Member/Commissioner McGinnis Council Member/Commissioner Suarez made a made a motion, seconded by Council Member/Commissioner McCammack, that the appointments of Jane Messer to the Fine Arts Commission and Howard Sullivan to the Board of Police Commissioners, as requested by Council Member/Commissioner McGinnis, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 3. Proclamations & Presentations Mark Westwood, Market Manager, and Council Member Longville provided information on the Market Night/Farmers Market, which begins Tuesday, July 15, at Perris Hill Park from 6 to 9:30 p.m. Mayor Valles presented a certificate of apprecIatIOn to KFRG 95.1 Radio Frogman Bo Wintro who, along with Frogman Scott Ward, has been selected as perpetual honorary co-Grand Marshal of the annual Fourth of July parade and has done so much to promote the Fourth of July events. Judi Penman, Executive Director of the San Bernardino Area Chamber of Commerce, and Council Member McCammack presented a commendation from the Chamber of Commerce and the Mayor's Office to staff members of the San Bernardino County Sun newspaper for their outstanding promotion and coverage of the Fourth of July parade and activities. They also recognized those individuals who have volunteered for the past four years to make the parade a smashing success and announced that the winner for having the best float in this year's parade was the Blair Park Neighborhood Cluster Association. 3 7/7/2003 Brian Morris of the Exotic New Castle Disease Task Force provided an update regarding the disease in this area, stating that it has been two months since the last infection in San Bernardino County. 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that full reading of the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council, Community Development Commission and San Bernardino City Housing Authority, be waived. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 6. Council Minutes Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: June 2, 2003; June 12, 2003; June 16, 2003. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 7. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that (he personnel actions as submitted by the Chief Examiner dated June 23, 2003, 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. 4 7/7/2003 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 8. RES. 2003-152 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 951, Zone 1 and Zone 2, Landscaping Construction and Maintenance District, Wagonwheel Road area. (8A) RES. 2003-153 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 952, Zone 1, Zone 2, Zone 2A, and Zone 3, Landscaping Construction and Maintenance District, State University area. (8B) RES. 2003-154 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 953, Landscaping Maintenance District, 16'h Street and Medical Center Drive area. (8C) RES. 2003-155 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 956, Landscaping Maintenance District, Carnegie Drive area. (8D) RES. 2003-156 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 959, Zone 1, Landscaping Maintenance, Shandin Hills area. (8E) RES. 2003-157 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 962, Sewer Lift Station Maintenance District, Pine A venue area. (8F) RES. 2003-158 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 963, Sewer Lift Station Maintenance District, Allen Street area. (8G) RES. 2003-159 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 968, Landscaping Maintenance District, Airport Drive. (8H) RES. 2003-160 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 974, Landscaping Maintenance District, Rialto Avenue and Eucalyptus Avenue area. (81) 5 7/7/2003 RES. 2003-161 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 975, Landscaping Maintenance District, Pepper A venue and Mill Street area. (8J) RES. 2003-162 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 976, Landscaping Maintenance District, Pine Avenue and Belmont Avenue area. (8K) RES. 2003-163 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 981, Landscaping Maintenance District, Meridian Avenue and Randall Avenue area. (8L) RES. 2003-164 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 982, Landscaping Maintenance District, Piedmont Drive area. (8M) RES. 2003-165 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 986, Landscaping Maintenance District, Rialto Avenue and Macy Street area. (8N) RES. 2003-166 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 989, Sewer Lift Station and Landscaping Maintenance District, Mill Street and Macy Street area. (80) RES. 2003-167 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 991, Landscaping Maintenance District, Verdemont Drive and Olive Avenue area. (8P) RES. 2003-168 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 993, Landscaping Maintenance District, Cajon Boulevard and June Street area. (8Q) RES. 2003-169 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 997, Landscaping Maintenance District, Chestnut Avenue area. (8R) RES. 2003-170 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1001, Landscaping Maintenance District, Pennsylvania A venue and Birch Street area. (8S) RES. 2003-171 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1002, Landscaping Maintenance District, "H" Street area. (8T) 6 7/7/2003 RES. 2003-172 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1005, Landscaping Maintenance District, Cajon Boulevard and Pepper Linden Avenue (Campus Parkway) area. (8U) RES. 2003-173 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1007, Landscaping Maintenance District, Pepper Avenue and Randall Avenue area. (8V) RES. 2003-174 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1012, Landscaping Maintenance District, Mill Street and Burney Street area. (8W) RES. 2003-175 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1016, Landscaping Maintenance District, Coulston Street area. (8X) RES. 2003-176 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1017, Landscaping Maintenance District, Kendall Avenue and Pine Avenue area. (8Y) RES. 2003-177 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1018, Northpark Boulevard and Mountain Drive Acquisition Assessment District. (8Z) RES. 2003-178 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1019, Landscaping Maintenance District, Northpark Boulevard and Mountain Drive area. (8AA) RES. 2003-179 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1020, Landscaping Maintenance District, Mill Street and Dallas Avenue area. (8BB) RES. 2003-180 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1023, Landscaping Maintenance District, Elm Avenue and Coulston Street area. (8CC) RES. 2003-181 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1024, Landscaping Maintenance and Sewer Lift Station District, Inland Center Drive and Riverwalk Drive area. (8DD) 7 7/7/2003 RES. 2003-182 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1025, Landscaping Maintenance District, Palm Avenue and Washington Street area. (8EE) RES. 2003-183 - Resolution of the City of San Bernardino confirming the 2003/2004 Assessment Roll for Assessment District No. 1027, Landscaping Maintenance District, Waterman Avenue and Washington Street area. (8FF) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that said resolutions A-Z and AA-FF be adopted. Council Member/Commissioner Suarez stated that he would abstain on Item Nos. 8A and 8R because he owns property in the area, left the dais, and returned after the vote was taken. Resolution Nos. 2003-152 and 2003-169, only, were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, McCammack. Nays: None. Abstentions: Council Member/ Commissioner Suarez. Absent: Council Member/Commissioner Anderson. Resolution Nos. 2003-153 through 2003-168 and Resolution Nos. 2003-170 through 2003-183 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 9. Authorization to proceed - formation of a Landscape Maintenance Assessment District - Magnolia Avenue and Ohio Avenue area - Tract No. 14604 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, 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 Magnolia Avenue and Ohio Avenue area, within Tract No. 14604, to be known as Assessment District No. 1030. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 8 7/7/2003 10. RES. 2003-184 - Resolution of the City of San Bernardino authorizing the execution of a Memorandum of Understanding (MOD) between the City of San Bernardino and the Southern California Regional Rail Authority (SCRRA) for reimbursement of cost to provide improvements to permanent crew facilities for Metrolink at the Santa Fe Depot. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the Director of Finance to amend the budget for the Santa Fe Depot project to add $350,500 to the expenditure budget as outlined in the staff report and budget a corresponding revenue from the reimbursement to be received from SCRRA; that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Three in the amount of $350,04965 to contract with Solpac, Inc., d.b.a. Soltek Pacific for the San Bernardino Historic Santa Fe Depot Renovation and Restoration project per Plan No. 10446. The motion carried and Resolution No. 2003-184 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/ Commissioner Anderson. 11. Authorize Change Order No.1 - contract with Herman Weissker, Inc. for storm drain improvements at Mt. View Avenue from Mission Creek to 800' North - Plan No. 10175 - cancel contract for reasons explained in staff report dated June 25, 2003, from James Funk, Director of Development Services Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. 1 to contract with Herman Weissker, Inc., authorizing final payment for all costs incurred by Contractor on this contract in the amount of $7,308.29 for storm drain improvements at Mt. View A venue from Mission Creek to 800' North, per Plan No. 10175; and that the Mayor and Common Council cancel Contract with Herman Weissker, Inc., for storm drain improvements at Mt. View Avenue from Mission Creek to 800' North, per Plan No. 10175 for the reasons explained in the staff report dated June 25, 2003, from James Funk, Director of Development Services. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 9 7/7/2003 12. RES. 2003-146 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue annual purchase orders to Greenwood's Uniforms in the amount of $30,000 for replacement of Class "B" uniforms and to Allstar Fire Equipment Inc. in the amount of $64,000 for replacement of fire safety clothing. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-146 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 13. RES. 2003-147 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute Amendment No.1 to Contract 02-1166 with the County of San Bernardino to provide youth mentoring services for the period of July 1, 2003 through June 30, 2004. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-147 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 14. RES. 2003-185 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Lease Agreement between the City and the New Hope Missionary Baptist Church for rental of space for the Westside Community Service Center. Council Member/Commissioner McGinnis inquired about a recent suggestion to relocate the Parks and Recreation services for which this space is leased to the airport as a cost saving measure. He questioned entering into a year-long lease at this time and asked whether it was something the Council could "undo" if necessary. Lemuel Randolph, Director of Parks, Recreation and Community Services, acknowledged that at one of the Council subcommittee budget workshops this item had come up-a proposal by staff to move certain Parks and Recreation services from the New Hope facility to the Norton facility. However, it was the sentiment of the Council members present that this was not a good idea at this 10 7/7/2003 time; therefore, staff was no longer considering that proposal. It was pointed out that the users of the facility would not have the resources to get over to the airport or to other locations that have been suggested. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-185 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry, Suarez, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: Council Member/Commissioner Anderson. 15. RES. 2003-148 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of annual agreements with the County of San Bernardino to provide equipmeut and user access into the National Law Enforcement Telecommunication System (NLETS), the California Law Euforcement Telecommunications (CLETS), and the Sheriff's Central Name Index (CN!). Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-148 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 16. RES. 2003-149 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an annual purchase order, with four single year renewal options, to Kaman Industrial Technologies, for gates hoses, hydraulic fittings and bearings for the City's heavy equipment fleet. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-149 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longvil1e, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 11 7/7/2003 17. RES. 2003-150 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an annual purchase order, with three single year renewal options, to Arrow Auto Air and Transmission for automotive, light and medium duty truck transmission service, repair and overhaul for the City's fleet. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-150 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 18. RES. 2003-186 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an annual purchase order, with three single year renewal options, to Fairview Ford for services and materials to support the City's light vehicle fleet. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-186 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 19. RES. 2003-151 - Resolution authorizing the Mayor of the City of San Bernardino to execute on behalf of the City an agreement between Transport Tax Consulting, Inc. (TTC) and the City of San Bernardino for fuel excise tax review services; and authorizing a purchase order to TTC for said services performed from January 1997 through June 2002. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to amend the FY 2002/03 budget to increase revenues to the General Fund in Account No. 001-000-4901 (Miscellaneous Receipts) by $179,750.07 and expenditures in Account No. 001- 092-5502 (Non-Departmental/Professional Contractual Services) by $77 ,117 .42. 12 7/7/2003 The motion carried and Resolution No. 2003-151 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 20. RES. 2003-187 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying participation in the FY 2003 State Homeland Security Grant Program (SHSGP) Part I and Part II submitted by the San Bernardino County Fire Department, Office of Emergency Services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-187 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 21. RES. 2003-188 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Police Department to apply for and accept a California Seat Belt Compliance Campaign Mini Grant from the State of California Office of Traffic Safety in the amount of $20,167. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-188 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 22. Public hearing - resolution imposing liens on property located in the City of San Bernardino for uncollected business registration fees RES. 2003-145 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. Mayor/Chairman Valles opened the hearing. No public comments were received. 13 7/7/2003 Council Member/Commissioner LongviIle made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2003-145 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, LongviIle, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/ Commissioner Anderson. 23. Legislative Task Force update Council Member/Commissioner LongviIle noted that the full report was included in the backup materials. She pointed out that the by-laws for the Inland Empire Division are being changed so that whichever Council Members are attending the meetings can vote. No action was taken on this matter. 24. Public hearing - Appeal No. 03-07 - appeal of the Planning Commission's determination that the four-plex located at 2176 N. McKinley Avenue in the PCR, Public Commercial Recreation, land use district has lost its non- conforming status Mayor/Chairman Valles opened the hearing. City Planner Valerie Ross advised that a summary chronology of events related to this site had been provided in the backup materials; however, she wanted to stress a few key points. Ms. Ross advised that Chapter 19.62 of the Development Code addresses nonconforming structures and sites, and that the language in section 9.62.030 specifically states that if the nonconforming use is discontinued for a period of twelve or more consecutive calendar months, it shall lose its nonconforming status. She stated that the four-plex at 2176 N. McKinley Avenue was vacated in March 2001 by administrative warrant due to a lack of water; and that the four-plex was vacant for more than twelve months and has remained vacant up to the present time. She noted that Fairbanks Capital acquired the property in January 2002 and made no attempts to do any rehabilitation work until September 2002; in fact, City records show that May 2002 was the earliest that Fairbanks Capital contacted the City regarding this property. 14 71712003 Ms. Ross pointed out that any rehabilitation agreement that Code Compliance might consider enacting is contingent upon the Planning Division's sign-off as to the continued use of the property. In this case, sign-off was through a zoning verification in January of this year. That zoning verification noted that the four- plex had lost its nonconforming status, and no evidence had been provided to staff or the Planning Commission to show that the property had not been vacant for over two years. As a result, the Planning Commission denied the appeal, no evidence has been provided since the Planning Commission made its decision, and staff recommends that the Mayor and Common Council deny the appeal and uphold the Planning Commission's determination that the four-piex at 2176 N. McKinley A venue has lost its nonconforming status. Glenn Baude, Director of Code Compliance, reiterated several of Ms. Ross' comments, adding that on March 26,2001, a Notice of Pendency was recorded against the property, which tells any prospective buyer that there is a problem with the property. Included in that Notice of Pendency was the fact that the building could be subject to demolition. He stated that on June I, 2001, a hearing order was issued, which included language that the property would lose its nonconforming use if vacant for more than twelve months. A copy of the Notice of Pendency was submitted into the record. Mr. Baude also submitted into the record six photographs of the property at 2176 McKinley dated January is, 2003; February 5, 2003; February 19, 2003; a second photo dated February 19, 2003; June 16, 2003, which shows the property being open and vacant on that day and the posted notice saying that the building has to be secured; and a final photo dated June 16, 2003, titled vacant/unsecured structure; and reviewed the photos with the Mayor and Council. Mr. Baude advised that on June 25, staff obtained an inspection warrant to secure the building; however, when they arrived to board up the building the owner had already secured the building at that time. Pursuant to Resolution No. 2000-279, Deputy City Clerk Medina administered an oath to attorney Daniel Katz that he would provide true and honest testimony. Daniel Katz of the Law Offices of Reid & Hellyer, P.O. Box 1300, Riverside, California, attorney for the appellant, responded to comments made by Mr. Baude. He stated that with regard to the warrant issued on the 23'd of June, he would have the Council know that his offices had been in contact with Code Enforcement, that there have been several 72-hour notices that have been submitted, and every one of the 72-hour notices have been responded to in a forthwith manner by his client. The last one, the open and vacant notice, was responded to and the repairs were effectuated by the time the City's crew got to 15 7/7/2003 the location. He stated that he could state for the record that those repairs were effectuated on June 20. Mr. Katz stated that this was important because a big part of the Planning report seemed to have commented on his clients apparent lack of diligence in seeking to rehab the property. With that in mind, he stated he did recognize that a lis pendens was recorded in or about the March 2001 time frame. He stated he took no issue with the factual findings made by staff with regard to the Nuisance Abatement Order in June 2001. He stated he did submit a letter to the Planning Department dated April 2, 2003. The letter, addressed to the Planning Commission, did set out a factual timeline of events that occurred with regard to his client's involvement with this property. Mr. Katz stated that he wanted to make clear to everyone that the conclusion that nothing happened between May 2002, when his firm got involved, to September 2002, when an agreement in principle was reached with Code Enforcement on a rehab contract, is fallacious. This was a process that was very convoluted, from his client's point of view, from the time he got involved in January 2002; and a big part of dealing with this issue was figuring out what needed to be done between June and September of 2002. He advised that there were several meetings with Code Enforcement regarding the rehab contract, which was agreed to in principle but not reduced to writing between his client's engineer and Code Enforcement, and it wasn't until somebody in Code Enforcement got wind of the nonconforming use issue that his client was then informed that no rehab contract could be entered into until the Planning Department had signed off on it. Thereafter, there were approximately 60 days or so in or around the winter holidays, Thanksgiving and Christmas, where his client was trying to figure out precisely what they needed to do with Planning. Ultimately, the zoning verification was sought, it was denied, and that's what led to the incident appeal. Mr. Katz reiterated that he took no issue with the factual findings set out in the staff report, other than what happened between the May 2002 and January 2003 time frame when the zoning verification was sought. He pointed out that the property was the subject of a down-zoning that occurred in 1999, changing the zoning on the property from Residential Medium High to Public Commercial Recreational, which for the most part allows baseball fields, soccer fields, and other related recreational uses, which is not compatible with the property and has resulted in his client effectively losing any marketable or economically viable use of the property. 16 7/7/2003 According to Mr. Katz, the nonconforming use provisions are in place to make sure that property owners act diligently when they face a nuisance abatement order; especially property owners in the Arden Guthrie area where this property is located. He stated his client has acted diligently and has made a sufficient showing before both the City Planning Commission and this Council of the efforts taken to act diligently to try and get its rehab permits. He agreed that the nonconforming use under the current statutes was lost-probably somewhere in the March 2002 time frame-but that does not mean that this Council does not have the discretion to allow his clients to rehab the property. In conclusion, Mr. Katz stated that he had some pictures from his client's agent for submittal into the record as a supplement to the staff report and submitted three pages (two photos per page) of photographs of2176 McKinley. City Attorney Penman stated that in going through the file he found no indication that Fairbanks had done a title search, and he asked Mr. Katz if they had done a title search. Mr. Katz answered that he was not aware of any title searches that were done prior to acquiring the subject property; however, he did not know one way or the other. Mr. Penman pointed out that there was a March 26, 2001, Notice of Pendency that would have been revealed with the title search. Mr. Katz stated that he understood that a lis pendens was recorded in the March 2001 time frame, which he realized was prior to his client's acquisition of the property. Mr. Penman stated that he did not see any evidence that Fairbanks had inspected the property, which would have revealed the boarded-up nuisance abatement, and asked whether there was such an inspection. Mr. Katz replied that he was not aware that there were any inspections, however, most entities such as Fairbanks that are in the business of acquiring large numbers of property aren't going to have time to fully physically inspect all the properties that it acquires. Mr. Penman noted that as he looked through the material provided for the Council, he didn't see anything that indicated that Fairbanks had researched the City's General Plan and Zoning and Development Code ordinances, and he asked if they had done that. 17 7/7/2003 Mr. Katz replied that he was not aware that they had done that. Mr. Penman asserted that such research, had they done it, would have revealed the legal nonconforming use and the twelve-month vacancy rule. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the hearing be closed; and that the Mayor and Common Council deny the appeal and uphold the Planning Commission's determination that the four-plex located at 2176 N. McKinley A venue in the PCR, Public Commercial Recreation, land use district has lost its non-conforming status, based upon the supporting data contained in the staff report, dated May 27, 20m, from James Funk:, Director of Development Services. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council adopt Findings 1 through 4 in support of Denial of the Appeal, as entered into the record by Deputy City Attorney Empeiio. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 25. Public Hearing - Resolution adopting the updated Housing Element to the General Plan RES. 2003-189 - Resolution of the City of San Bernardino adopting the updated Housing Element to the General Plan. Mayor/Chairman Valles opened the hearing. City Planner Valerie Ross reviewed highlights of the staff report and provided a summary of the Housing Element process followed by staff. She stated that she wanted to emphasize that the City has adequate land at various residential densities to meet the RHNA allocations, and no changes to land use designations are required. In fact, the City has more than adequate vacant land at various densities to exceed the numbers laid out; however, the City's emphasis is on maintenance and preservation of existing neighborhoods and not on the development of new affordable units. 18 7/7/2003 Ms. Ross concluded her remarks by stating that the Housing Element is consistent with the requirements of state law as well as the City's General Plan. No public comments were received. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner Suarez, that the hearing be closed; and that said resolution be adopted. The motion carried and Resolution No. 2003-189 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/ Commissioner Anderson. 26. Authorize and direct staff to initiate a Development Code Amendment pertaining to electronic message signs Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that Planning staff be directed to initiate an amendment to the Development Code pertaining to electronic message signs. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. COMMUNITY DEVELOPMENT COMMISSION ITEMS Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack; Senior Assistant City Attorney Carlyle, Deputy City Clerk Medina, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: Council Member/Commissioner Anderson. R27. HUB Project Financing RES. CDC/2003-25 - A Resolution of the Community Development Commission of the City of San Bernardino, as the governing body of the Redevelopment Agency of the City of San Bernardino, approving that certain Redevelopment Cooperation, Financing and Loan Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino, California. (R27 A) 19 7/7/2003 RES. 2003-190 - Resolution of the Mayor and Common Council of the City of San Bernardino, approving that certain Redevelopment Cooperation, Financing and Loan Agreement by and between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino, California. (R27B) Gary Van Osdel, Executive Director, Economic Development Agency, provided an overview of pertinent facts contained in the staff report. He stated that it is key that the Agency receive something from this development on an ongoing basis; particularly in light of the fact that in January of next year most of the redevelopment project areas will lose their ability to incur debt. This means that the Agency will no longer be able to negotiate a performance based agreement wherein the Agency waits until a developer has done what he says he is going to do, and the development is on the ground and is creating property tax, before the Agency participates. That luxury will no longer be available, therefore, the Agency will need funds up front to "play" those kinds of development schemes. Mr. Van Osdel stressed that it is critical that the Agency starts getting money off the HUB in return, because if it doesn't, it will not have anything to use to leverage future development. He stated that it took every dime they could find from property sales and funds from their community reinvestment fund loan, to put together the ability to leverage this project, and when all is said and done they will be into it a net of about $6 million. City Attorney Penman advised the Council Members/Commissioners that when they were elected, they were elected to wear two hats-Mayor and Council over the City business and Chairperson and Commissioners over the RDA business. By the same token, the City Attorney serves as the City Attorney for the City and as General Counsel for the Agency. He stated that for years the position has pretty much been that money has been taken from the EDA and used on the City side where it was needed; and it has been pretty rare that his office has expressed any reservations about doing that type of thing. Mr. Penman advised that as Mr. Van Osdel had explained it to him, we have gone a long way with the HUB project, and it comes again to a balancing question of which is more important-that we be able to finish that project, or that the EDA not be in debt another $900,000; and perhaps more importantly, have to wait 20 years plus to get that $900,000 repaid. 20 7/7/2003 He stated that in light of knowing that very soon we are going to be losing our ability to raise money in ways that it has been done in the past, he had declined to sign off on both the Community Development Commission resolution and the resolution of the Mayor and Common Council, stating on each resolution, "Decline to sign - ED A won't be repaid for 20 years + . .. Council Member/Commissioner Estrada stated that she would really like to see if there is some way to develop some kind of analysis that would give the Council Members/Commissioners some projections tied to the redevelopment areas. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions be adopted. Community Development Resolution No. CDC/2003-25 and Mayor and Common Council Resolution No. 2003-190 were adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent. Council Member/Commissioner Anderson. R28. RES. 2003-191 - Resolution of the Mayor and Common Council of the City of San Bernardino awarding a contract to Holland-Lowe Construction, Inc. for Tippecanoe A venue widening (Phase II) and Laurelwood Drive (Phase II) per Plan No. 10373A. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner McCammack, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to budget the $900,000 loan from EDA and $250,000 in 1/2-cent Sales Tax Funds for Phase II and Phase III of this project. The motion carried and Resolution No. 2003-191 was adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/ Commissioner Anderson. 21 7/7/2003 SAN BERNARDINO CITY HOUSING AUTHORITY R29. Provision of Redevelopment Agency Service to San Bernardino City Housing Authority and Allocation of Funds Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the Community Development Commission ("Commission") consent to providing certain administrative and management services by the Redevelopment Agency of the City of San Bernardino (" Agency") which include the day to day staff resources necessary to operate and administer functions and operations of the San Bernardino City Housing Authority ("Authority"), and allocate a $5,000 operational grant from Agency Low/Moderate Income Housing Fund to the Authority. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. (Note: Although Council Member/Commissioner McGinnis was present, he did not register a vote.) R30. RES. SBHA/2003-1 - A Resolution of the San Bernardino City Housing Authority ("Authority") adopting bylaws and certain procedural policies, including appointment of certain officers and other positions of the Authority; and authorizing certain officers and other positions of the Authority to contract for goods and services, and to consent and accept deeds and grants. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that the San Bernardino City Housing Authority ("Authority") consent to the provision of certain administrative and management services by the Redevelopment Agency of the City of San Bernardino ("Agency") to provide day to day staff resources necessary to operate and administer functions and operations of the Authority, and accept a $5,000 grant from the Agency for said operations; and that said resolution be adopted. The motion carried and Resolution No. SBHAI2003-l was adopted by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 22 7/7/2003 31. Public Comments Betty Jean Long, 395 North H Street, San Bernardino, CA, spoke regarding adverse conditions relative to uneven sidewalks and curb cuts at various locations throughout the City, making it difficult for wheelchairs users to navigate these areas. Wesley Ferris, San Bernardino, CA, also spoke regarding problems with the sidewalks and curb cuts, particularly at 4th and Arrowhead and University and Kendall. Zettie Epps, 1407 W. 11th Street, San Bernardino, CA, stated that she had received a $5,000 beautification grant; however, the work crew had done very shoddy work and she had not been able to get anyone to help her resolve the matter. Pat Dunaway, 571 W. Scott Street, Rialto, CA, distributed a report and spoke regarding the practices of various animal control departments which she found disturbing. At this time, Council Member/Commissioner McCammack left the dais because the next several speakers were discussing the San Manuel Band of Mission Indians casino expansion and the San Manuel Tribe is a business client. The following individuals spoke in opposition to the expansion of the San Manuel Band of Mission Indians' casino operation: Lisa Richter, 6015 Blythe Avenue, Highland, CA; Rheba Hewitt, 2805 Mirada Road, San Bernardino, CA; Parrish Highley, 26127 Edgemont Drive, Highland, CA; Gregg Gridley, 5970 Stanton Avenue, Highland, CA; Carl Winter, 3189 Cactus Circle, Highland, CA; George Stagg, 2704 Del Norte Circle, Highland, CA; Kelly Geary, 5999 Stanton Avenue, Highland. CA; Paul Mordy, President of Alliance for Community Rights, 5696 Blythe A venue, Highland, CA; Michele Kim, 2668 Avalon Avenue, San Bernardino, CA; Edward Celis, 26190 Edgemont Drive, Highland, CA; Wes Tate, 2994 Havasu Court, Highland, CA: Paul Sanborn, 3559 Genevieve, San Bernardino, CA, commented on the Avila v. City lawsuit and the City's decision to file an appeal. 23 7/7/2003 Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the drug war and the three-strikes law. SI. Initiate General Plan Amendment - change land use designation - 3008 Broadmoor Boulevard (northeast corner of 30th Street & Waterman Avenue) - from RS, Residential Suburban, to PP, Public Park Mayor/Chairman Valles left the dais due to the proximity of the subject property to her home, and Council Member/Commissioner McGinnis assumed the duties of Mayor Pro Tern. City Attorney Penman provided an overview of the staff report. Council Member/Commissioner Longville stated that she could not support this matter due to the financial constraints the City is now facing-she could not justify spending thousands of Community Development Block Grant dollars for one corner/street. Ms. Longville acknowledged that it would be the best thing that could happen to the property, but she could not support it because of all the other things that would not be able to be done with that money. Mayor Pro Tern/Acting Chairman McGinnis stated that he felt this was a private property issue relative to the driveway-that a number of places have driveways that back up onto Waterman Avenue. He also expressed concern about spending this kind of money from CDBG funds. Mr. McGinnis stated that he would be interested to know what the residents on the street would like to see done with the property. City Attorney Penman stated that the money would not come from CDBG funds, but would come from the City's Liability Reserve fund due to the traffic dangers. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council direct the Development Services Department to initiate a General Plan Amendment to change the land use designation for 3008 Broadmoor Boulevard, located at the northeast corner of 30th Street and Waterman Avenue, from RS, Residential Suburban, to PP, Public Park. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, Derry, Suarez, McCammack. Nays: Council Member/Commissioner McGinnis. Absent: Council Member/ Commissioner Anderson. 24 7/7/2003 32. Adjournment At 9:32 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, July 21, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. RACHEL G. CLARK City Clerk By: 4g,w Linda E. Hartzel Deputy City Clerk No. of Items: 33 No. of Hours: 6 25 7/7/2003