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HomeMy WebLinkAbout08-18-2003 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING AUGUST 18, 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 Pro Tem/Acting Chairman Derry at 1:38 p.m., Monday, August 18, 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 Pro Tem/Acting Chairman Derry; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson; City Attorney Penman, City Clerk Clark, Acting City Administrator Baude. Absent: Mayor Valles: Council Member/Commissioner McCammack. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a). 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: Redevelopment Agency of the City of San Bernardino v. Inland Plaza Limited, a California General Partnership City of San Bernardino v. Allan Steward and Gil Lara City v. San Manuel Band of Serrano Mission Indians 8/18/2003 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 City Professional Firefighters' Association 2. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino Police Management Association G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. Deputy City Attorney Barnes announced that the following additional cases would be discussed in closed session: Dale Blackwell v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 096441; Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. 02-158 VAP; Michelle Arroyo v. City of San Bernardino, et_ al. - United States District Court Case No. 02-8967 ABC; Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS 034774; Nathaniel Brown v. James Randolph Pechinko, et al. - San Bernardino Superior Court Case No. SCVSS 090800; 2 8/18/2003 Travis O. Tolbert v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-550 SGL. Reading of Resolutions & Ordinances Deputy City Clerk Hartzel read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Chaplain David Randolph of San Bernardino Community Hospital, followed by the pledge of allegiance, led by Council Member/Commissioner Longville. 2. Appointment - Bud Melvin - Board of Building Commissioners - Council Member/Commissioner Derry Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the appointment of Bud Melvin to the Board of Building Commissioners, as requested by Council Member/Commissioner Derry, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 3. Proclamations & Presentations Fire Chief Pitzer made a presentation concerning the status of the department's fire prevention efforts, particularly as they relate to smoke detectors and window bars. City of Montclair Councilman Leonard Paulitz, this area's representative on the governing board of the Southern California Air Quality Management District, made a presentation regarding the current and future status of the clean air in this basin. David Pruitt, Executive Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor Pro Tern Derry in recognition of their many years of dedicated service to the City: Name Anita Sanchez James Davis Department Animal Control Development Services Years of Service 10 15 3 8/18/2003 0 5. 31 7 James Sharer Iris Richardson William Rogers Daani-Ruth Schwab Paul Flores Announcements Facilities 10 One Stop Career Center 10 Police 25 Police 10 Public Services 25 Announcements were made by the Mayor Pro Tem, Members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, 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. Nays: None. Absent: Council Member/Commissioner McCammack. Claims & Payroll Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated August 5, 2003, from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. Personnel Actions Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that the personnel actions as submitted by the Chief Examiner dated August 13, 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 8/18/2003 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 8. RES. 2003-230 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a Master Services Agreement by and between the Inland Valley Development Agency and the City of San Bernardino for provision of City services for Fiscal Year 2003/2004. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-230 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 9. Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an Agreement with J. R. Watson Development Company & Associates for grading of Campus Parkway between Kendall Drive and Northpark Boulevard. (Note: The resolution was not included in the backup materials.) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, 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. Nays: None. Absent: Council Member/Commissioner McCammack. 10. Authorize Director of Development Services to solicit proposals for Professional Civil Engineering Services - design of Sanitary Sewer Line Replacements/Upgrades in "E" Street, Chandler Place, Inland Center Drive, Virginia Street, 171h Street, an alley south of Jefferson Street, and Arrowhead Avenue & authorize attached RFP format for future use to solicit proposals for future Public Works Projects (Note: No backup materials were distributed for this item.) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that the matter be tabled. 5 8/18/2003 The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 11. Authorize Director of Development Services to execute Change Order No. Four - contract with Solpac, Inc. d.b.a. Soltek Pacific - San Bernardino Historic Santa Fe Depot Renovation and Restoration project - Plan No. 10446 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that the Mayor and Common Council authorize the Director of Development Services to execute Change Order No. Four for a net decrease of $149.13 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 by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 12. RES. 2003-231 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 14715, located on the northeast corner of Western Avenue and Devil Creek Channel, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-231 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 13. RES. 2003-232 - Resolution of the Mayor and Common Council of the City of San Bernardino adopting Amendment Number One to the Emergency Service Agreement between the City of San Bernardino and the San Manuel Band of Mission Indians. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. 6 8/18/2003 Resolution No. 2003-232 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 14. RES. 2003-233 - 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 Part -Time Elected Officials and Board Members. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-233 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 15. Item Deleted 16. RES. 2003-234 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with the San Bernardino City Unified School District relating to the delivery of Type A lunches to City sites for the District's Year -Round Lunch Program. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-234 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 17. RES. 2003-235 - Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute an agreement with the San Bernardino City Unified School District to provide contractual services for before and after -school recreation programs at school district sites. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. 7 8/18/2003 Resolution No. 2003-235 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 18. RES. 2003-236 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an Agreement between the City of San Bernardino and Major League Softball, Inc. for adult baseball and adult softball services for the period of September 1, 2003 through August 31, 2006. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-236 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 19. RES. 2003-237 - Resolution of the Mayor and Common Council of the City of San Bernardino to authorize the execution of a Concessionaire Contractual Agreement between the City of San Bernardino and Diamond Creations Inc. for concession services at the San Bernardino Soccer Complex for the period of August 20, 2003 through October 19, 2003 in accordance with Bid Specification F-04-017. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-237 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 20. RES. 2003-238 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain City records of the Parks, Recreation and Community Services Department. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. 8 8/18/2003 Resolution No. 2003-238 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 21. RES. 2003-239 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing execution of an agreement between the City of San Bernardino and the County of San Bernardino Probation Department for shared use of the recreation facilities at Norton Air Force Base for the period of July 1, 2003 through June 30, 2004. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-239 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 22. RES. 2003-240 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Purchasing Manager to issue an annual purchase order not to exceed $35,000.00 to the Wackenhut Corporation, Inc., for clerical support services within the Police Department's Records Bureau. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-240 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 23. RES. 2003-241 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a purchase order to Haaker Equipment Company for the furnishing and delivery of two Elgin sweepers to be utilized by the Public Services sweeper crew; and authorizing the Purchasing Manager to solicit lease -purchase rate quotes. 9 8/18/2003 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted; and that the Mayor and Common Council authorize the Director of Finance to amend the FY 2003-04 budget and appropriate $44,000 from the Unallocated Refuse Fund balance into the Refuse Budget, Account No. 527-414-5803 Lease Payments. The motion carried and Resolution No. 2003-241 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/ Commissioner McCammack. 24. A Resolution of the Mayor and Common Council of the City of San Bernardino to execute on behalf of the City a contract between the South Coast Air Quality Management District and the City of San Bernardino for the receipt of grant funds in the amount of $143,208 for construction of the LNG-L/CNG Fueling Station at the City Corporate Yard. (Note: The resolution was not included in the backup materials.) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, 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. Nays: None. Absent: Council Member/Commissioner McCammack. 25. RES. 2003-242 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the acceptance of a grant from the Federal Emergency Management Agency (FEMA) for Emergency Operations Planning in the amount of $22,183. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-242 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 26. Public hearing - vacate portions of Laurelwood Drive, east of Orchard Drive, & Orchard Drive, north and south of Laurelwood Drive 10 8/18/2003 RES. 2003-245 - Resolution of the City of San Bernardino ordering the vacation of portions of Laurelwood Drive, east of Orchard Drive, and Orchard Drive, north and south of Laurelwood Drive (Plan No. 10755) and reserving temporary easements for City sanitary sewer, waterlines, and for existing utilities. Mayor Pro Tem/Acting Chairman Derry opened the hearing. No public comments were received. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; that the Findings of Fact, as set forth in the Staff Report from the Director of Development Services, as to why portions of Laurelwood Drive, east of Orchard Drive, and Orchard Drive, north and south of Laurelwood Drive, are no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2003-245 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/ Commissioner McCammack. 27. Request to continue Final Map northeasterly of the intersection (Continued from May 19, 2003) for Tentative Tract No. 14112 located of Foothill Drive and Sterling Avenue Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Longville, that the Mayor and Common Council continue Final Map for Tentative Tract No. 14112 to the Council/Commission meeting of November 17, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 28. 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. (Continued from August 4, 2003) 11 8/18/2003 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Longville, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 29. RES. 2003-243 - 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. (Continued from August 4, 2003) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-243 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 30. RES. 2003-244 - Resolution of the City of San Bernardino approving the destruction of certain obsolete records by the San Bernardino Police Department. (Continued from August 4, 2003) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-244 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. COMMUNITY DEVELOPMENT COMMISSION R31. Imperial Imports Inc. d.b.a. Toyota of San Bernardino, Scion of San Bernardino and San Bernardino Hyundai 12 8/18/2003 RES. CDC/2003-27 - A Resolution of the Community Development Commission of the City of San Bernardino approving a certain Redevelopment Cooperation and Financing Agreement between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino (Redevelopment Cooperation and Financing Agreement - Imperial Imports Inc., DBA Toyota of San Bernardino, Scion of San Bernardino and San Bernardino Hyundai). (R31A) RES. CDC/2003-28 - A Resolution of the Community Development Commission of the City of San Bernardino approving a 2003 Redevelopment Participation Agreement between the Redevelopment Agency of the City of San Bernardino and Imperial Imports, Inc., DBA Toyota of San Bernardino, Scion of San Bernardino and San Bernardino Hyundai. (R31B) RES. 2003-246 - Resolution of the Mayor and Common Council of the City of San Bernardino approving a certain Redevelopment Cooperation and Financing Agreement between the Redevelopment Agency of the City of San Bernardino and the City of San Bernardino (Redevelopment Cooperation and Financing Agreement - Imperial Imports, Inc., DBA Toyota of San Bernardino, Scion of San Bernardino and San Bernardino Hyundai). (R31C) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolutions be adopted. Community Development Commission Resolution Nos. CDC/2003-27 and CDC/2003-28 and Mayor and Common Council Resolution No. 2003-246 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/Commissioner McCammack. 32. Public hearing - General Plan Amendment No. 02-11, Tentative Tract Map No. 16457 and Tentative Tract Map No. 15940; a request to change the land use district from RE, Residential Estate, to RL, Residential Low, for two sites (Continued from August 4, 2003) 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. 13 8/18/2003 Council Member/Commissioner Suarez left the dais stating that he would abstain on this matter because the site was located within 125 feet of his residence. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Anderson, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis, Derry, Anderson. Nays: None. Abstentions: Council Member/Commissioner Suarez. Absent: Council Member/Commissioner McCammack. 33. Public Comments Mary Magdalene Murphy, 1700 West 18' Street, San Bernardino, CA, spoke regarding the need for all individuals of all races to work together for the betterment of the community. 34. Adjournment At 4:12 p.m., the meeting was adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Tuesday, September 2, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 34 No. of Hours: 2.5 RACHEL G. CLARK City Clerk By: Linda E. Hartzel Deputy City Clerk 14 8/18/2003