HomeMy WebLinkAbout08-04-2003 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 4, 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, August 4, 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/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Member/Commissioner Derry.
Council Member/Commissioner Derry Arrived
At 2:25 p.m., Council Member/Commissioner Derry arrived at the Council 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):
City of San Bernardino Municipal Water Department v. United States
Department of the Army - United States District Court Case No. CV 96-
8867 & CV 96-5205 (MRP).
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:
Neighbors of San Manuel Tribe v. City
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
City v. San Manuel Band of Serrano Mission Indians
1 08/04/2003
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. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino Police Officers' Association
2. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino Police Management Association
3. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Arden -Guthrie
1. Property Address: 2072 N. Newcomb Street
APN 1191-021-18
2095 N. Newcomb Street
APN 1191-021-22
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Thomas E. and Crystal L. Williams,
property owners (County of San
Bernardino Tax Defaulted)
2 08/04/2003
2.
3
IN
Under Negotiation: Purchase price, terms & conditions
Old Towne
Property Address: 673 N. Crescent Avenue
APN 0134-014-10
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Richard S. Barnes, property owner
Under Negotiation: Purchase price, terms & conditions
Meadowbrook
Property Address: 123 N. Sierra Way
APN 0135-292-35
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Carlos Donticos, property owner
(County of San Bernardino Tax
Defaulted)
Under Negotiation: Purchase price, terms & conditions
Meadowbrook
Property Address: 125 N. Sierra Way
APN 0135-292-37
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Odessa Williams, property owner
(County of San Bernardino Tax
Defaulted)
Under Negotiation: Purchase price, terms & conditions
3 08/04/2003
5
6!
7
U
Meadowbrook
Property Address: E. Rialto Avenue
APN 0135-292-26
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Martha Marcarro, property owner
Under Negotiation: Purchase price, terms & conditions
Meadowbrook
Property Address: 138 and 144 E. Rialto Avenue
APN 0135-292-27 and 0135-292-28
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Adrian Ramirez, property owner
Under Negotiation: Purchase price, terms & conditions
Meadowbrook
Property Address: 120 N. Allen Street
APN 0135-292-39
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Bonnie Johnson, property owner
Under Negotiation: Purchase price, terms & conditions
Property Address: 450 N. "F" Street
APN 0134-101-09 and 0134-101-10
532 N. "D" Street
APN 0134-081-22 and 0134-081-23
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Stan Robbins
Under Negotiation: Purchase price, terms & conditions
4 08/04/2003
9. Property Address: HUB Properties
APN 0281-081-08 through -20 and
APN 0281-082-01 through -03
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
SBT Partners, L.L.C.
Under Negotiation: Purchase price, terms & conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Stanley Bibbs, an individual v. the People of the State of California, City of San
Bernardino, et al., San Bernardino Superior Court Case No. SCVSS 101343;
Conference with real property negotiator - pursuant to Government Code Section
54956.8:
Property Address: 303 W. Third Street
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and the owners of the 303
W. Third Street property
Under Negotiation: Purchase price, terms & conditions
Closed Session Announcement
City Clerk Clark announced that during closed session the Mayor and Common Council
unanimously approved the Police Safety Employees' contract for three years effective
January 1, 2003 through December 31, 2005.
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.
Invocation/Pledge of Allegiance
The invocation was given by Father Barnabas Laubach of St. Bernardine's Medical Center,
followed by the pledge of allegiance, led by Daniel Resendez and Courtney Welborne, fifth
grade students from Bradley Elementary School.
5 08/04/2003
Moment of Silence
Mayor/Chairman Valles requested a moment of silence be observed in memory of the
following victims of the San Anselmo fire: Marcia Hood of Rialto; Kimberly Carter and
her two children, Shantel and Elijah, of El Monte; and Cynthia Morrow, also from El
Monte, and extended condolences to their families on behalf of the City.
2. Appointments - Kelly Gulla - Board of Building Commissioners - Dr. Lee W.
Lynch - Planning Commission - Council Member/Commissioner Suarez
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that the appointments of Kelly Gulla to the
Board of Building Commissioners and Dr. Lee W. Lynch to the Planning
Commission, as requested by Council Member/Commissioner Suarez, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longvilte, McGinnis, Derry, Suarez., Anderson, McCammack: Nays:
None. Absent: None.
3. Presentations
Peggi Hazlett and Eileen Gomez, co -chairwomen of the Women of Achievement
Committee, announced that this year's Women of Achievement Scholarship
recipients were Aileen Barragan, Customer Service Representative in the Water
Department, and Sharlene Williams, Administrative Operations Supervisor in Code
Compliance.
Mayor/Chairman Valles and Bernie Kersey, General Manager of the Water
Department, commended Water Department employee Greg Gonzalez for his actions
in preventing an abduction from taking place on Third Street in early July.
Jim Ruester, Director of International and Cultural Affairs, made a presentation to
the Council Members from the Mayor of the City's newest Sister City of Koyang,
Republic of Korea.
Mike Legge, Western Regional Director of Little League, made a presentation to
each of the State representatives from 11 states that participated in this year's
Western Regional Little League Baseball Tournament. Representing the Northwest
Division: Eric Cooper, Alaska; Shayne Nakata, Hawaii; Carson Crist, Idaho;
Daniel Thompson, Montana; Andy Michaud, Oregon; and Kyle Campbell,
Washington. Representing the West Division: 'Tyler Kem, Arizona; Teddy Bryant,
Northern California; Artie Solis, Southern California; Braden Keathley, Nevada;
and Eric Parish, Wyoming.
6 08/04/2003
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 Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council/Community
Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Nays:
None. Absent: None.
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the minutes of the following meetings of
the Mayor and Common Council/Community Development Commission, be
approved as submitted in typewritten form: June 19, 2003; and July 7, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Nays:
None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the personnel actions as submitted by the
Chief Examiner dated July 30, 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.
Fred Wilson, City Administrator, clarified that Item Nos. 2, 3, 4, 5 and 7 were
provisional rather than permanent appointments.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Nays:
None. Absent: None.
7 08/04/2003
8. ORD. MC-1147 - An Ordinance of the City of San Bernardino adding Section
10.24.230 to the San Bernardino Municipal Code relating to requiring
registration to participate in Route 66 Cruising Events. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be adopted.
Ordinance No. MC-1147 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack: Nays: None. Absent: None.
9. ORD. MC-1148 - An Ordinance of the City of San Bernardino adding Chapter
9.92 to the San Bernardino Municipal Code to establish an administrative
citation process for Code Enforcement violations. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be adopted.
Ordinance No. MC-1148 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack: Nays: None. Absent: None.
10. ORD. MC-1149 - An Ordinance of the City of San Bernardino granting to
Southern California Gas Company, a corporation, its successors and assigns,
the right, privilege and franchise to lay and use pipes and appurtenances for
transmitting and distributing gas for any and all purposes under, along, across
or upon the public streets, ways, alleys and places, as the same now or may
hereafter exist, within said municipality. FINAL READING
Council Member/Commissioner Derry indicated that he would be abstaining due to
the fact that his employer, Southern California Edison, was purchasing the power
plant that would be supplying the electricity for this project. He left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that said ordinance be adopted.
Ordinance No. MC-1149 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson,
McCammack: Nays: None. Abstentions: Council Member/Commissioner Derry.
Absent: None.
8 08/04/2003
11. Authorization to proceed - preparation of documents and appropriate
Municipal Code amendments to impose a special tax district - operation and
maintenance of the proposed Verdemont Fire Station on new development only
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of September 2, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Nays:
None. Absent: None.
12. RES. 2003-212 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing investment of City of San Bernardino monies in
Local Agency Investment Fund.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-212 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCarnmack: Nays: None, Absent: None.
13. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the Mayor to execute a Memorandum of Understanding extending
the term and effect of a 1998 Memorandum of Understanding between the City
of San Bernardino and the San Bernardino International Airport Authority
(SBIAA) for certain Airport Improvement Projects.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of August 18, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack: Nays:
None. Absent: None.
9 08/04/2003
14. RES. 2003-217 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Guzman Construction Company for
street improvements on Terrace Road between 6' Street and Maple Street and
on 9' Street between Pennsylvania Avenue and Flores Street and sidewalk and
ADA access at Highland Avenue and Ramona Avenue per Plan No. 10620 and
10618.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-217 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack: Nays: None. Absent: None.
15. Authorization to proceed - formation of a Landscape Maintenance Assessment
District - Irvington Avenue and Olive Avenue area - Tract No. 15407
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, 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 Irvington Avenue and Olive
Avenue area (Tract No. 15407), to be known as Assessment District No. 1031.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Nays:
None. Absent: None.
16. RES. 2003-213 - 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 for the sale of City -owned property generally located at the
southeast corner of Orange Show Road and Amos Avenue in the City of San
Bernardino.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-213 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack: Nays: None. Absent: None.
10 08/04/2003
17. RES. 2003-218 - Resolution of the City of San Bernardino amending Resolution
No. 655 entitled, in part, "A Resolution ... designating certain streets, or
portions thereof as through highways..." and declaring Thirty -Sixth Street a
through highway at its intersections with "F" Street and Acacia Avenue.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-218 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack: Nays: None. Absent: None.
18. RES. 2003-214 - Resolution of the City of San Bernardino amending Resolution
No. 655 entitled, in part, "A Resolution ... designating certain streets, or
portions thereof as through highways..." and declaring "J" Street a through
highway at its intersections with Belleview Street and Congress Street.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-214 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCarnmack: Nays: None. Absent: None.
19. Determination of Public Convenience or Necessity - Type 20 Liquor License -
Wal-Mart - 4001 N. Hallmark Parkway
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
determine that the public convenience or necessity is served and direct the Planning
Division to send a letter to the Department of Alcoholic Beverage Control for a Type
20 (off -site beer and wine) liquor license for Wal-Mart at 4001 N. Hallmark
Parkway, subject to the Conditions of Approval (Exhibit 4).
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Nays:
None. Absent: None.
11 08/04/2003
20. Resolution of the Mayor and Common Council of the City of San Bernardino
appointing specific Directors to the BIG Independent Cities Excess Pool
(BICEP) Joint Powers Authority.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of August 18, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Nays:
None. Absent: None.
21. Reject all bids submitted in response to Bid No. F-03-007 for flat screen
monitors for police and fire dispatch - authorize Purchasing Manager to re -
advertise for bids
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council approve
a motion authorizing the rejection of all bids received in response to Bid No. F-03-
007; and authorize the Purchasing Manager to re -advertise for bids for these
services.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Nays:
None. Absent: None.
22. Resolution of the City of San Bernardino approving the destruction of certain
obsolete records by the San Bernardino Police Department.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of August 18, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack: Nays:
None. Absent: None.
12 08/04/2003
23. RES. 2003-215 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an annual purchase order, with
two single year renewal options, to "Y" Tires of Los Angeles for new and
recapped tires, tubes and related repair services for City vehicles and
equipment, to be utilized by the Fleet Division.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-215 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCarnmack: Nays: None. Absent: None.
24. RES. 2003-216 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an annual purchase order, with
three single year renewal options, to Fourth Street Rock for disposal of street
sweeping materials.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-216 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack: Nays: None. Absent: None.
25. RES. 2003-219 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a purchase order to Matich
Corporation for the rental of paving equipment including operators for roadway
pavement rehabilitation.
City Attorney Penman stated that he would be abstaining due to the fact that he has
received campaign contributions from Matich Corporation. He left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Estrada stated that she was concerned with the
disproportionate allocation of funds and felt there should have been some equity
among the City's Wards.
Council Member/Commissioner Longville stated that she felt the system should be
reviewed because the Pavement Management Plan did not survey all the streets in
the City —only the arterials were surveyed.
Mayor/Chairman Valles stated that the City was following a systemic process of
looking at all of its streets. She noted that San Bernardino is the oldest City in the
13 08/04/2003
County and has a lot of infrastructure needs. The Mayor agreed that only major
arterials were surveyed because they showcase the City; however, she added that the
streets that connect the arterials were also being evaluated.
Lynn Merrill, Director of Public Services, pointed out that this was the beginning of
a long-term approach to saving money and solving the City's street problem. He
indicated that the City has 700 miles of streets and probably 500 miles of those
streets are in fair to poor condition. Mr. Merrill stated that his approach was to
recognize that there were some projects that have been on the books for a while that
need to be addressed.
Xavier Leon, Street Superintendent, stated that they have never really had a
systematic approach to street repair. He noted that with the cooperative effort they
now have with both the private and public sector, utilizing street personnel and
subcontracting the more cost-effective components of the work, they are realizing a
great cost savings to the City. Mr. Leon stated that in addition to the arterials they
are also looking at onramps, offramps, and streets that will help increase commerce.
He stated that staff's recommendations are validated by the Pavement Management
System and give credibility to the decision making process. He stated that staff
believes a marked improvement will be seen within three to five years and will be
performed in conjunction with pothole and miscellaneous repairs.
Mr. Merrill stated that staff looked at the pavement itself to determine the best and
most cost effective strategy to repair the streets. He indicated that he wished they
could spread the money equally among the Wards, but added that this was just the
beginning of a long-term process.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Director of Finance be authorized to appropriate $21,000 from the State Gasoline
Tax Fund (Account 126), $27,000 from the Half -Cent Sales Tax — Local Funds
(Measure I) (Account 129), $9,000 from the AB-2928 Traffic Congestion Relief
Fund (Account 135) and $3,000 from the Street Construction Fund (Account 242).
The motion carried and Resolution No. 2003-219 was adopted by the following vote:
Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, McCammack.
Nays: Council Members/Commissioners Estrada, Longville, Anderson. Absent:
None.
14 08/04/2003
26. RES. 2003-220 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of purchase orders to Matich
Corporation and/or Vulcan Materials/Cal Mat Division to supply materials for
roadway pavement rehabilitation for use by the Public Services Department.
City Attorney Penman stated that he would be abstaining due to the fact that he has
received campaign contributions from Matich Corporation. He left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner McCammack trade a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Director of Finance be authorized to appropriate $241,000 from the State Gasoline
Tax Fund (Account 126), $378,000 from the Half -Cent Sales Tax - Local Funds
(Measure I) (Account 129), $60,000 from the AB-2928 Traffic Congestion Relief
Fund (Account 135) and $38,000 from the Street Construction Fund (Account 242).
The motion carried and Resolution No. 2003-220 was adopted by the following vote:
Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, McCammack.
Nays: Council Members/Commissioners Estrada, Longville, Anderson. Absent:
None.
27. RES. 2003-221 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a purchase order to Precision Cold
Planing Company to supply cold milling services for roadway pavement
rehabilitation for use by the Public Services Department.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Director of Finance be authorized to appropriate $21,500 from the State Gasoline
Tax Fund (Account 126), $28,500 from the 1{alf--Cent Sales Tax - Local Funds
(Measure I) (Account 129), $9,000 from the AB-2928 Traffic Congestion Relief
Fund (Account 135) and $3,000 from the Street Construction Fund (Account 242).
The motion carried and Resolution No. 2003-221 was adopted by the following vote:
Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, McCammack.
Nays: Council Members/Commissioners Estrada, Longville, Anderson. Absent:
None.
15 08/04/2003
28. Implementation of the proposed Records Reorganization in the Police
Department for Fiscal Year 2003/04
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council approve
the Records reorganization proposal, including the establishment of a full -tine
position of Police Transcriber, Range 1321, ($2,201-$2,675/month); that the Human
Resources Department be directed to update Resolution No. 97-244 (Position
Control) and Resolution No. 6413, to reflect this particular action; and that the
Director of Finance be authorized to amend the Police Department's FY 2003104
budget to reflect the proposed salary increases for the above positions, along with
the reductions of funds to the appropriate accounts.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Longville, Derry, Suarez, Anderson, McCammack: Nays: None. Absent: Council
Members/Commissioners Estrada, McGinnis.
29. Public hearing to consider a resolution adjusting various fees
RES. 2003-211 - A Resolution of the City of San Bernardino establishing certain
fees for services furnished by the City of San Bernardino, and repealing
Resolution No. 80-522, Resolution No. 96-195, Resolution No. 98-257,
Resolution No. 99-173, Resolution No. 99-246, Resolution No. 2001-273, and
Resolution No. 2002-241, and amending Resolution No. 89-471, Resolution No.
90-154, Resolution No. 91-148, and Resolution No. 97-271.
Fred Wilson, City Administrator, provided highlights of the staff report.
Mayor/Chairman Valles opened the hearing.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individual that she would provide true and honest testimony:
Pat Dunaway, 571 W. Scott Street, Rialto, CA, co -chairwoman of the Pet
Assistance Foundation for the Inland Empire, encouraged the City Council to reduce
euthanasia fees and owner turn -in fees and to raise unaltered animal licensing fees.
Ms. Dunaway invited the Council to consider a spay -neuter voucher program as a
cost cutting measure.
Council Member/Commissioner Longville stated that she felt the fee for unaltered
animals should be raised to at least $20. She applauded the City's decision to raise
the Development Permit I fee from $56 to $100; however, she felt the City should
recoup more to be in line with fees charged by surrounding cities.
16 08/04/2003
Ms. Longville stated that many of the families who live near the Jerry Lewis Swim
Center cannot afford to let their children swim there and with youth crime, obesity,
and diabetes being what it is today, she felt there should be a standard pool fee
throughout the City.
Lemuel Randolph, Director of Parks, Recreation and Community Services, stated
that the fee was higher at the Jerry Lewis Center because of the added amenities.
He explained the rationale used in determining the various fees.
There were no public comments.
Council Member/Commissioner Estrada
Member/Commissioner McGinnis, that
resolution be adopted.
made a motion, seconded by Council
the hearing be closed; and that said
The motion carried and Resolution No. 2003-211 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez. Nays:
Council Members/Commissioners Longville, Anderson, McCammack. Absent:
None.
30. RES. 2003-223 — Resolution of the Mayor and Common Council approving and
adopting the City of San Bernardino's Final Budget for Fiscal Year 2003-2004
and establishing the City's Appropriation Limit as required by Article XIII B of
the California State Constitution.
Fred Wilson, City Administrator, stated that the City was able to realize over $3
million in budget savings that reduced the preliminary budget deficit from about $7.4
million midyear down to about $4 million. He stated that expenditure savings and
revenue projections based on actuals received through June 30 brought the City's
deficit down to $3.4 million with a positive ending fund balance of $698,000.
Mr. Wilson announced that there were no capital project expenditures proposed as
part of this budget document —that would be dealt with in the future as part of the
Council's review of the CIP. Once approved, Mr. Wilson indicated that the
appropriate budget amendments would be brought back to incorporate those dollars
into the budget.
Mr. Wilson stated that the City has not yet recognized all the impacts of the State
budget with regard to Vehicle License Fees (VLF), the triple flip, traffic congestion
relief funds, and the $1.1 million the Redevelopment Agency will have to absorb.
He stated that the booking fees reimbursement was restored; however, the funding
for the COPS Option Program was reduced by $81,000.
17 08/04/2003
Council Member/Commissioner Longville stated that the proposal to close City
pools on Mondays for the remainder of the summer was unfair to the children and
she could not support that $14,000 cut.
Council Member/Commissioner Estrada agreed with Ms. Longville and asked Mr.
Wilson if the savings from the closure of the Nunez Park swimming pool could be
applied to the $14,000 cut.
Mr. Wilson stated that in looking at the report, the Nunez Park closure savings from
July 1 to August 8 was $9,700. He indicated that the difference could be taken out
of the fund balance.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted, as amended, to
reinstate Monday swimming at City pools.
The motion carried and Resolution No. 2003-223 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, Derry, Suarez,
Anderson, McCammack: Nays: None. Absent: Council Member/Commissioner
McGinnis.
31. Resolutions electing to discontinue CalPERS Contract providing health
insurance benefits for the City of San Bernardino Employees in the General,
Middle -Management, Management/Confidential, Police and Fire Safety Units,
Elected Officials and Water Department General and Mid -Management Units
RES. 2003-224 - Resolution of the City of San Bernardino electing to cease to be
subject to the Public Employees' Medical and Hospital Care Act for the City of
San Bernardino Employees in the General Unit. (31A)
RES. 2003-225 - Resolution of the City of San Bernardino electing to cease to be
subject to the Public Employees' Medical and Hospital Care Act for the City of
San Bernardino Employees in the Middle Management Unit. (31B)
RES. 2003-226 - Resolution of the City of San Bernardino electing to cease to be
subject to the Public Employees' Medical and Hospital Care Act for the City of
San Bernardino Employees in the Management -Confidential Unit. (31C)
RES. 2003-227 - Resolution of the City of San Bernardino electing to cease to be
subject to the Public Employees' Medical and Hospital Care Act for the City of
San Bernardino Employees in the Fire Safety Unit. (31D)
18 08/04/2003
RES. 2003-228 - Resolution of the City of San Bernardino electing to cease to be
subject to the Public Employees' Medical and Hospital Care Act for the City of
San Bernardino Employees in the Police Safety Unit. (31E)
RES. 2003-229 - Resolution of the City of San Bernardino electing to cease to be
subject to the Public Employees' Medical and Hospital Care Act for the City of
San Bernardino Elected Officials. (311)
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolutions A-F be adopted; that the Mayor
and Common Council reclassify the position of Personnel Analyst, Range 3434,
$3,867-$4,700/month, to the new position of Human Resources Supervisor, Range
3454, $4,272-$5,193/month; and that the Director of Human Resources be directed
to update Resolution No. 97-244 (Position Control) and Resolution 6413 to reflect
this action.
The motion carried and Resolution Nos. 2003-224, 2003-225, 2003-226, 2003-227,
2003-228 and 2003-229 were adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson,
McCammack: Nays: None. Absent: Council Member/Commissioner McGinnis.
32. Public hearing - General Plan Amendment No. 02-11, Tentative Tract Map No.
16457 and Tentative Tract Map No. 15940 - to change the land use district from
RE, Residential Estate to RL, Residential Low for two sites
Resolution of the City of San Bernardino adopting General Plan Amendment
No. 02-11 to the General Plan of the City of San Bernardino, to amend the
General Plan Land Use Designations from RE, Residential Estate, to RL,
Residential Low, for 4.33 acres located at northwest corner of Palm and
Irvington Avenues and for the easterly 5.65 acres of a 10.35 acre parcel located
at the northeast corner of Palm and Irvington Avenues.
Council Member/Commissioner Suarez indicated that he would be abstaining
because his property is within 500 feet of the proposed development. He left the
Council Chambers and returned after the vote was taken.
City Clerk Clark stated that she received a fax request from Jon Silver, the President
of CDI Development, requesting a two -week continuance.
Council Member/Commissioner Derry made
Member/Commissioner Estrada, that the
Council/Commission meeting of August 18, 2003.
a motion, seconded by Council
matter be continued to the
19 08/04/2003
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None.
Abstentions: Council Member/Commissioner Suarez. Absent: None.
33. Findings of Fact concerning denial of Conditional Use Permit No. 03-01 -
supper club/nightclub at 911 South "E" Street in the CG-1, Commercial
General, land use district. (Continued from July 21, 2003)
Jan Misquez, 355 S. Meridian Avenue, San Bernardino, CA, thanked the Mayor
and Council for denying the proposed Sopranos Supper Club/Nightclub.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council adopt the
Findings of Fact contained in the Staff Report, uphold the appeal, and deny
Conditional Use Permit No. 03-01.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk
Clark, Economic Development Agency Special Counsel Sabo and Executive Director Van
Osdel. Absent: None.
R34. Public hearing - reallocation of 2003/2004 Community Development Block
Grant (CDBG) Funds
Council Member/Commissioner Suarez indicated that he would be abstaining
because he is a member of the Board of Directors of the San Bernardino Convention
and Visitors Bureau. He left the Council Chambers and returned after the vote was
taken.
Mayor/Chairman Valles opened the hearing.
City Clerk Clark stated that over 30 letters and several petitions had been received
and were provided to the Mayor and Council in support of the reallocation of funds
for the San Bernardino Convention and Visitors Bureau (CVB) Route 66 "Cruisin'
Hall of Fame Museum."
20 08/04/2003
Gary Van Osdel, Economic Development Agency Executive Director, provided
highlights of the staff report.
Council Member/Commissioner McCammack asked if the Carousel Mall had offered
any opportunities for the museum.
Mr. Henthorn stated that they had considered the Carousel Mall, but felt that the
proposed building was a better opportunity in that it is on Court Street in the middle
of the downtown area and has visibility throughout the City.
Council Member/Commissioner McCammack stated that she had hoped a larger
building would have been chosen that might eventually house a rail museum and/or a
youth sports hall of fame.
Mayor/Chairman Valles stated that they wanted to find a permanent indoor facility
for the hall of fame along the route.
Mr. Henthorn stated that the proposed building was available, it was small, it was
affordable, and it was a good place to start.
Council Member/Commissioner Longville stated that she understood that this was a
one-year agreement —a one-time CDBG investment for the start up money and then
it would become self-sufficient. She stated that besides the visibility and the
closeness to the route, she considered this part of the plan to upgrade Court Street.
Council Member/Commissioner McCammack stated that she had a problem with
offering $120,000 of CDBG money to the CVB knowing that the CVB had reserves
in excess of $300,000.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals, who spoke in support of the project, that they would
provide true and honest testimony:
John "Colonel 66" Marshall, 1775 E. 20' Street, Al, San Bernardino, CA;
Danny Flores, 2060 Mesa, San Bernardino, CA:
Linda Sutherland, owner of the Fun Corner and President of the Baseline Area
Business Association, 426 W. Baseline, San Bernardino, CA;
Jim Conkle, Founder and Executive Director of the California Route 66
Preservation Foundation.
21 08/04/2003
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the hearing be closed; and that the Mayor
and Common Council of the City of San Bernardino approve the reallocation of
2003/2004 Community Development Block Grant (CDBG) funds to the San
Bernardino Convention and Visitors Bureau (CVB) in the amount of $120,000 and
City of San Bernardino Code Compliance Department in the amount of $75,000.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Anderson. Nays: Council Member/
Commissioner McCammack. Abstentions: Council Member/Commissioner Suarez.
Absent: None.
R35. 303 West Third Street - Amendment to Owner Participation and EDI Loan
Agreement
RES. CDC/2003-26 - A Resolution of the Community Development Commission
of the City of San Bernardino approving an amendment to the 2000 Owner
Participation and EDI Loan Agreement, dated as of September 18, 2000 by and
between 303, L.L.C., and the Redevelopment Agency of the City of San
Bernardino. (R35A)
RES. 2003-222 - A Resolution of the Mayor and Common Council of the City of
San Bernardino approving an amendment to the 2000 Community Development
Block Grant Program Section 108 Project Development Loan Agreement, dated
as of September 18, 2000 by and between 303, L.L.C., and the City of San
Bernardino. (R35B)
City Attorney Penman stated that he would be abstaining due to the fact that he has
received campaign contributions from Matich Corporation. He left the Council
Chambers and returned after the vote was taken.
Gary Van Osdel, Economic Development Agency Executive Director, stated that it
was recently learned that the County was interested in buying the building. He
noted that in order to accommodate the County's desire to buy the building and the
desire of the 303 L.L.C. to sell the building to the County, an additional amendment
was necessary.
Tim Sabo, Economic Development Agency Special Counsel, explained the
amendments that had been made to the agreements.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions A & B be adopted, to include
the amendments to the agreements as discussed in closed session.
22 08/04/2003
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
36. Public Comments
Paul Mordy, President of the Alliance for Community Rights, 5696 Blythe Avenue,
Highland, CA, stated that the City and County should take a strong united stand
opposing casino expansion at the present site and he proposed several administrative
and legislative remedies that could be pursued.
Parrish Highley, 26127 Edgemont Drive, Highland, CA, asked that each member
of the City Council go on written record indicating whether or not they concur with
the findings in the letter written by Mayor Valles dated May 2, 2003.
Wesley Farris, resident of the City of San Bernardino, stated that because he was
disabled, he could not depress the crosswalk buttons. He also requested that the
City provide additional disabled parking at Perris Hill Park.
Betty Jean Long, 395 N. "H" Street, #31, San Bernardino, CA, commented on the
poor condition of the streets and sidewalks in the City and requested that the trees on
"F" Street be trimmed.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that at the last Council
meeting, Councilman Suarez recommended that the new fire station be named after
former Councilman Devlin. Mr. Sanborn stated that the best thing Mr. Devlin felt
he accomplished was the pass through the mountain on "E" Street; therefore, he
recommended that that area be named "Devlin Pass." Mr. Sanborn also
recommended that the new fire station be named after Floyd Hiser, the helicopter
pilot who died in the Hemlock fire.
Rheba Hewitt, Vice -President of the Alliance for Community Rights, 2805 Mirada
Road, San Bernardino, CA, stated that the widening of Victoria Avenue would not
mitigate the problems caused by the proposed San Manuel Casino. She stated that
she spoke with the Assistant Executive Director of Patton Hospital and was told that
the City could not expand onto Patton property because of the graves, the water
wells, and the double fencing plan because it would interfere with their security
measures. She requested that if the City is seriously considering widening Victoria,
that the residents of that area be notified and included in the planning.
Gil Navarro, Chairman of the Mexican American Political Association (MAPA),
1440 W. 6' Street, San Bernardino, CA, stated that on July 25, 2003, they held an
anti -drug, anti -prostitution, anti -public intoxication rally and declared the corner of
23 08/04/2003
7' and Mt. Vernon a drug free zone. He stated that the citizens need to take back
the streets and neighborhoods of the City and get rid of the illegal activity.
Carl Winter, 3189 Cactus Circle, Highland, CA, commented on statements made
by Mr. Penman at the last Council meeting regarding the San Manuel Casino.
Darrell Hess, retired San Bernardino Fire Captain, 2389 Palo Alto Way, Running
Springs, CA, spoke regarding the subject of public safety, the need for a higher level
of fire protection, and the elimination of Charter 186.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the San
Manuel Casino.
Sonya Scheffler, 3138 Rockford Avenue, Highland, CA, questioned whether police
officers were allowed to work for the tribe on their days off, stating that she felt that
would be a conflict of interest. She stated that people are using miscellaneous
parking passes to park on streets they are not allowed to park on, and because of
incidents that continually occur in her neighborhood, Ms. Scheffler stated that it was
apparent that the tribe has not been able to handle the impacts the casino has on the
neighborhood.
Craig Geary, 5999 Stanton Avenue, Highland, CA, commented on statements made
by Mr. Penman at the last Council meeting regarding the San Manuel Casino.
37. Adjournment
At 9:37 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, August 18, 2003, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 37
No. of Hours: 6
RACHEL G. CLARK
City Clerk
.
By a: 1ci. ,._
Linda Sutherland
Deputy City Clerk
24 08/04/2003