HomeMy WebLinkAbout09-15-2003 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
SEPTEMBER 15, 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 12:45 p.m., Monday, September 15, 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. McGinnis, Suarez, Anderson,
McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator
Wilson. Absent: Council Members/Commissioners Longville, Derry.
Council Member/Commissioner Derry Arrived
At 1:44 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;
Omana Gopal v. City of San Bernardino; John Cardillo; and Does 1 to 50,
inclusive - San Bernardino Superior Court Case No. SCVSS 093295.
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
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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
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 Govermnent 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
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property Address: HUB Properties, APN 0281-082-057
Negotiating Parties: Gary Van Osdel, Executive Director, on
behalf of the Redevelopment Agency and
Vibhake.rbhai Patel, property owner
Under Negotiation: Purchase price, terms & conditions
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 Council Member/Commissioner McCammack, followed by the
pledge of allegiance, led by Daniel Perez and Mireya Lopez, fifth grade students from
Bradley Elementary School.
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Moment of Silence
Mayor/Chairman Valles extended condolences to the family and requested a moment of
silence be observed in remembrance of Mr. Adrian Sanchez, a longtime resident of San
Bernardino who worked as a postal carrier for 34 years.
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Appointments
There were no commission appointments.
Proclamations & Presentations
A proclamation designating the week of October 5-11, 2003, as Fire Prevention
Week was accepted by Fire Chief Pitzer.
A proclamation designating the week of October 21-27, 2003, as National 5 A Day
Week was accepted by Melody Lopez from the County Department of Health.
A proclamation designating the week of September 15-21, 2003, as Route 66
Rendezvous Week was accepted by Steve Henthorn, Executive Director of the San
Bernardino Convention and Visitor's Bureau.
The Second Quarter 2003 Customer Service Award was presented to Helen Estrada,
Community Service Officer in the Police Department, for her work ethic, honesty,
and integrity.
David Pruitt, Executive Assistant to the Mayor, read the names of the following
individuals who were presented a service pin award by Mayor/Chairman Valles in
recognition of their many years of dedicated service to the City:
Name
Department
Years of Service
Jolena Barnes
City Attorney
5
Sha-Ronda Wilkinson
City Clerk
5
Arthur Eads, Jr.
Code Compliance
15
Dany Nolfo
Code Compliance
25
Lyman Brainard
Development Services
10
Miguel Ascarrunz
Fire
5
Patrick Rogers
Information Services
5
Demetric Battle
Police
5
Susan Stevens
Police
5
Albert Tello
Police
5
Stacy Thompson
Police
5
Matthew Briones
Public Services
15
Isela Apodaca
SBETA
5
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Council Member/Commissioner Longville Arrived
At 3:28 p.m., Council Member/Commissioner Longville arrived at the Council meeting.
4. Announcements
Announcements were made by Mayor Valles, members of the Common Council,
elected officials, and 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 McGinnis, 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 McGinnis, 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: July 21, 2003;
August 4, 2003; and 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.
7. Claims & Payroll
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated September 2, 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.
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8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the personnel actions as submitted by the
Chief Examiner dated September 9, 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.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
9. ORD. MC-1150 - An Ordinance of the City of San Bernardino amending
Chapter 9.92.020 of the San Bernardino Municipal Code concerning the
qualifications of Administrative Law Officers. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said ordinance be adopted.
Ordinance No. MC-1150 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
10. RES. 2003-254 - Resolution of the City of San Bernardino making application
to the Local Agency Formation Commission for providing City sewer services to
property within unincorporated territory located at 2852 N. Macy Street
(Muscoy Fire Station No. 75).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council authorize
the Director of Development Services to initiate proceedings for the provision of
City sewer services outside the City boundaries for property located at 2852 N.
Macy Street (Muscoy Fire Station No. 75); and that said resolution be adopted.
The motion carried and Resolution No. 2003-254 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
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11. RES. 2003-258 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a contract and issuance of a
purchase order to Expanets of California, Inc. for the installation of a
NEAXMAIL AD-40 voicemail system to the City's telephone system for the
Facilities Management Department in the amount of $39,120.00.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Mayor and Common Council authorize the Director of Finance to carry over
$39,120 in unexpended funds from FY 2002-2003 Telephone fund budget Account
No. 630-262-5703 to FY 2003-2004 Telephone budget fund.
The motion carried and Resolution No. 2003-258 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
12. RES. 2003-255 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Purchasing Manager to issue a purchase order
to L. N. Curtis & Sons in the amount of $63,897.13 for Self Contained
Breathing Apparatus (SCBA).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2003-255 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. RES. 2003-256 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Purchasing Manager to issue a purchase order
to Fitness Appraisal, Inc. in the amount of $28,700.00 to perform physical
baseline evaluations for the Fire Department Wellness and Fitness Program.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2003-256 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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14. Resolution of the City of San Bernardino approving a Side Letter to Resolution
No. 2001-94, establishing a Compensation and Benefits Plan for the
Management/Confidential and Unclassified Employees, amending Section I,
PERS, Safety Employees, Subsection 5, for Police Safety Management.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of October 6, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
15. Resolution of the City of San Bernardino amending Resolution 6413, Section
Thirteen, Temporary/Part-time Employees, entitled, in part, "A
Resolution... establishing a basic compensation plan..." by updating information
codifying prior Council actions.
Note: The resolution was not distributed with the backup material.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of October 6, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
16. RES. 2003-257 - Resolution authorizing the Mayor and Common Council 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
after -school recreation programs at Cole Elementary School.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2003-257 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None, Absent None.
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17. RES. 2003-259 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of the second option year of the
contract between the City of San Bernardino and Guzman Construction Co.,
for repair of sidewalks, curbs, gutters, and driveways at various locations
throughout the City of San Bernardino.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-259 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18. RES. 2003-260 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Police Department to apply for and accept a
Driving Under the Influence (DUI) mini grant from the State of California
Office of Traffic Safety in the amount of $38,300.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-260 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
19. RES. 2003-261 - A Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute a contract between the City of
San Bernardino and the South Coast Air Quality Management District 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. (Continued from September
2, 2003)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-261 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
20. SCAG Visioning Project Update
Council Member/Commissioner Longville requested that the matter be continued for
two weeks because of some recent developments and she wanted to provide the most
current information to the Council.
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Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be continued to the
Council/Commission meeting of October 6, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
21. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San
Bernardino Municipal Code to establish a thirty -rive mile per hour speed limit
on Mountain Avenue between Lynwood Drive and Thirty-ninth Street. FIRST
READING
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be laid over for final adoption.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
22. RES. 2003-262 - Resolution of the Mayor and Common Council of the City of
San Bernardino adopting the 2003/2004 through 2007/2008 Capital
Improvement Program. (See related Agenda Item No. 23)
Mayor/Chairman Valles stated that she would have to abstain on this matter because
her husband owns property throughout the City of San Bernardino. She left the
Council Chambers and returned after the vote was taken on Agenda Item No. 23.
Council Member/Commissioner Suarez assumed the duties of Mayor Pro Tem.
Council Member/Commissioner Suarez stated that in addition to the projects already
listed, he would have to abstain on CIP Project SS O4-92 because the owner of the
Sav-on Shopping Center has contributed to his campaign. He added that the reason
he was abstaining on Project SS O4-129 was because he owns a rental property on
Wagonwheel, which is within 500 feet of the connection between I-215 and Kendall;
and on Project SS O4-149 because the owner of the complex has contributed to his
campaign.
Senior Assistant City Attorney Carlyle stated that staff had determined which Capital
Improvement projects were within 500 feet of property in which a Council Member
had a real property interest based on information taken from their Statements of
Economic Interests. He stated that all seven Council Members could vote either for
or against adoption of the resolution, but only those Council Members who did not
have a conflict would be asked to vote on Exhibits "C" and "D". Mr. Carlyle noted
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that based on the information provided by Council Member Suarez, CIP Project SS
04-92 would be added on Lines 10 and 21 of the Resolution and also on Exhibit
"D„
Mr. Carlyle indicated that the projects within 500 feet of real estate interests
involving Council Members Anderson, McGinnis, and Estrada were identified on
Exhibit "C" and those projects involving Council Members Longville,
McCammack, and Suarez and City Attorney Penman were identified on Exhibit
„D„
City Administrator Wilson stated that the revised Capital Improvement Program
(CIP) document included the addition of approximately 21 new paving projects and
funding for restroom renovation at the fire stations.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-262 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Council Members/Commissioners Estrada, McGinnis, and Anderson declared
conflicts and abstained due to the fact that they own property within 500 feet of
those projects listed on Exhibit "C", FY 2003-2008 CIP Projects. They left the
Council Chambers and returned after the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that Exhibit "C" be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Longville, Derry, Suarez, McCammack. Nays: None. Abstentions: Council
Members/Commissioners Estrada, McGinnis, Anderson. Absent: None.
Council Members/Commissioners Longville, Suarez, and McCammack and City
Attorney Penman declared conflicts and abstained due to the fact that they own
property within 500 feet of those projects listed on Exhibit "D", FY 2003-2008 CIP
Projects. They left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Anderson assumed the duties of Mayor Pro Tem.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that Exhibit `D" be approved.
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The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, McGinnis, Derry, Anderson. Nays: None. Abstentions: Council
Members/Commissioners Longville, Suarez, McCammack. Absent: None.
Council Members/Commissioners Estrada, McGinnis, Suarez, and Anderson and
City Attorney Penman declared conflicts and abstained due to the fact that they own
property within 500 feet of those projects listed on Exhibit `B", Fiscal Year
2003104 Finance Schedules and Budget Justification,
Note: Because a quorum was not present, a brief recess was called in order to allow
the four Council Members who declared conflicts to draw straws to determine which
one would vote.
Mayor Pro Tem Suarez announced that because he drew the short straw, he would
be voting on Exhibit "B".
Council Members/Commissioners Estrada, McGinnis, and Anderson and City
Attorney Penman left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Longville, that the finance schedules and budget justification
as set forth in Exhibit "B", Fiscal Year 2003,/04 Finance Schedules and Budget
Justification, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Longville, Derry, Suarez, McCammack. Nays: None. Abstentions: Council
Members/Commissioners Estrada, McGinnis, Anderson. Absent: None.
23. RES. 2003-263 - Resolution of the City of San Bernardino adopting the Five -
Year Capital Improvement Program (2003-2008) for Measure "I" Local
Expenditures. (See related Agenda Item No. 22)
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. 2003-263 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Council Members/Commissioners McGinnis, Suarez, and Anderson and City
Attorney Penman declared conflicts and abstained due to the fact that they own
property within 500 feet of those projects listed on Exhibit "C", Five Year Capital
Improvement Program (2003108) for Measure I Local Expenditures. They left the
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Council Chambers and returned after the vote was taken. Council
Member/Commissioner McCammack assumed the duties of Mayor Pro Tem.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Derry, that Exhibit "C" be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, McCammack. Nays: None. Abstentions: Council
Members/Commissioners McGinnis, Suarez, Anderson. Absent: None.
24. An Ordinance of the City of San Bernardino amending Section 12.68.020A of
the San Bernardino Municipal Code relating to hours of use of public parks.
FIRST READING
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Anderson, that said ordinance be laid over for final adoption
and that the ordinance be referred to the Legislative Review Committee.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
25. Public hearing - General Plan Amendment No. 02-11, Tentative Tract Map No.
16457 & Tentative Tract Map No. 15940 - to change the land use district from
RE, Residential Estate, to RL, Residential Low, for two sites - northwest &
northeast corners of Palm and Irvington Avenues
RES. 2003-264 - 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.
Mayor Pro Tem/Acting Chairman Suarez opened the hearing; however, he stated
that he would have to abstain on this matter because he owns property within 400
feet of the project. He left the Council Chambers and returned after the vote was
taken. Council Member/Commissioner Anderson assumed the duties of Mayor Pro
Tem.
Valerie Ross, City Planner, presented highlights of the staff report.
Mayor/Chairman Valles Arrived
At 7:23 p.m., Mayor/Chairman Valles arrived at the Council meeting.
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Council Member/Commissioner Longville Arrived
At 7:25 p.m., Council Member/Commissioner Longville arrived at the Council
meeting.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
Jon Silver, Covenant Development Inc. (CDI), 22365 Barton Road, Grand Terrace,
CA, stated that he supported staffs recommendation and believed the project is
consistent with the intent and goals of the General Plan,
Gary Miller, Architect, 350 W. 5' Street, San Bernardino, CA, stated that some of
the benefits to the existing neighborhood included 88 new homes with generous lot
sizes and parkway landscaping beyond City minimums, a small park, improved
traffic conditions resulting from the widening and improving of the streets and
sidewalks, and enhanced property values. He stated that the projected use is
consistent with adjacent land uses and would preserve and enhance the quality of the
surrounding community.
City Clerk Clark announced that she had been advised by City Attorney Penman that
the three -minute rule would not apply in this case, even though there is a resolution
that states that the appellant is not subject to the three -minute rule, but others are.
She noted that if the resolution is incorrect, it should be amended.
Mr. Penman stated that the United States Constitution requires fair and equitable
treatment in that if the appellant has no time limit, then no one should have a time
limit or, if members of the public are limited to three minutes, the appellant should
be limited to three minutes.
Glen Gipson, 6495 Palm Avenue, San Bernardino, CA, stated that he was
concerned about what might happen to a small park on a main street and indicated
that he would rather see one -acre lots with upscale homes on Palm Avenue.
Dr. Lee Lynch, 2918 W. Garfield Street, San Bernardino, CA, stated that he felt
the project would be good for the community and the upscale homes would be a
great entrance to the Verdemont area.
Tom Navarro, 2994 W. Meyers, San Bernardino, CA, stated that he felt this
development would be good for the area.
Kelly Gulla, 3216 Sunflower Avenue, San Bernardino, CA, stated that the residents
in that area were originally opposed to the project, but after discussions with the
developer, they are now in favor of the project.
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Chas Kelley, 5066 Varsity Avenue, San Bernardino, CA, stated that there was no
reason to change the well thought out planning of former Councils and Mayors and
former Council Members Tom Minor and Jerry Devlin by reducing the size of the
lots to less than one acre.
Mayor/Chairman Valles stated that times have changed and the need for housing has
forced many administrations to take a good look at their housing plans.
Council Member/Commissioner Estrada stated that she was a member of the Council
when Mr. Gipson participated in the General Plan revision that resulted in a lawsuit
around that time. She stated that she had respect for what Tom Minor and Jerry
Devlin did for their respective wards, but agreed that there is a great demand for
upscale housing and that this project would only enhance what is already there.
City Attorney Penman stated that in 1986/87 a lawsuit was filed by the residents of
Verdemont that resulted in a devastating moratorium and the City's General Plan
being thrown out. When the Council, Planning Commission, and the General Plan
Committee met, they looked at the entire City of San Bernardino and decided that
for the next 30 years they wanted to preserve the open space in the Verdemont area.
The residents were assured that no adjustments would be made to the General Plan
in the Verdemont Area. He stated that during the ten years Mr. Minor and Mr.
Devlin were in office, attempts were made to make the same amendment to the
General Plan to reduce one house per acre to one house per 10,800 square feet.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individual that he would provide true and honest testimony:
James Penman (speaking from the podium as a citizen), 221 E. Marshall Blvd., San
Bernardino, CA, stated that he believed a form of political corruption may have
occurred relative to this project.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the hearing be closed; that said resolution be
adopted; that the Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Program be adopted, and Tentative Tract Map No. 16457 and
Tentative Tract Map No. 15940 be approved, based on the Findings of Fact in the
Planning Commission Staff Report, subject to the Conditions of Approval
(Attachment C) and Standard Requirements (Attachment D).
The motion carried and Resolution No. 2003-264 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Anderson, McCammack. Nays: None. Abstentions: Council Member/
Commissioner Suarez. Absent: None.
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26. Appeal hearing - Planning Commission approval of Conditional Use Permit
(CUP) No. 03-08 & Development Code Amendment (DCA) No. 03-02 - to
construct a 3,220 square foot fast-food restaurant with drive-thru - southwest
corner of Tippecanoe Avenue and Harriman Place
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individual that he would provide true and honest testimony:
Frank Weiser, Attorney representing the property owners, 3460 Wilshire Blvd.,
Suite 903, Los Angeles, CA, requested that the matter be continued for one month.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of October 20, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, McCammack. Nays; Council
Member/Commissioner McGinnis. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION ITEMS
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.
R27. Cooperation Agreement - Inland Valley Development Agency (IVDA), City of
San Bernardino & the Redevelopment Agency (North Arden -Guthrie Area -
IVDA Project Area)
RES. CDC/2003-29 - A Resolution of the Community Development Commission
of the City of San Bernardino ("Commission") authorizing the Chairperson of
the Commission to execute a Redevelopment Cooperation Agreement by and
among the Inland Valley Development Agency, the Redevelopment Agency of
the City of San Bernardino ("Agency") and the City of San Bernardino relating
to the initiation of studies for the redevelopment of lands previously acquired by
the Agency and relating to transfer or delegation of redevelopment authority to
the Agency relative to properties in the North Arden -Guthrie Area ("Arden -
Guthrie Implementation Area"). (R27A)
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RES. 2003-265 - A Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute a Redevelopment Cooperation
Agreement by and among the Inland Valley Development Agency, the
Redevelopment Agency of the City of San Bernardino ("Agency") and the City
of San Bernardino relating to the initiation of studies for the redevelopment of
lands previously acquired by the Agency and relating to transfer or delegation
of redevelopment authority to the Agency relative to properties in the north
Arden -Guthrie Area ("Arden -Guthrie Implementation Area"). (R27B)
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions A & B, be adopted.
Community Development Commission Resolution No. CDC/2003-29 and Council
Resolution No. 2003-265 were adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R28. RES. CDC/2003-30 - A Resolution of the Community Development Commission
of the City of San Bernardino authorizing the Executive Director of the Agency
to execute Amendment No. 1 to Owner Participation Agreement, dated as of
September 17, 2001, by and between the Redevelopment Agency of the City of
San Bernardino and In-N-Out Burgers.
Gary Van Osdel, Economic Development Agency Executive Director, stated that
subsequent to preparing the staff report, In-N-Out requested an additional
modification to the Schedule of Performance, referred to as 13A, Land Use
Approval, wherein the owner would renew the processing of all land use approvals
on or before March 1, 2004. Mr. Van Osdel rioted that under the agreement, they
would be responsible to initiate construction by June 2004, or within 30 days of
close of escrow, and the estimated time of construction would be approximately 270
days.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that said resolution be adopted.
Resolution No. CDC/2003-30 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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R29. RES. CDC/2003-31 - A Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive Director
of the Redevelopment Agency of the City of San Bernardino ("Agency") to
execute a 2003 Property Owner Redevelopment Agreement by and between the
Agency and Tahiti Partners I, LLC, a Limited Liability Corporation, for the
development of an office/retail center at 514 and 540 N. Arrowhead Avenue in
the Central City North Redevelopment Project Area.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2003-31 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R30. Set public hearing - October 6, 2003, at 7 p.m. - Tax and Equity Fiscal
Responsibility Act (TEFRA) hearing to consider the California Statewide
Communities Development Authority issuance of bonds for the proposed new
Inland Behavioral and Health Services, Inc. medical facility
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council of the City
of San Bernardino set a public hearing for October 6, 2003, at 7 p.m., to consider
the California Statewide Communities Development Authority issuance of bonds for
the proposed new Inland Behavioral and Health Services, Inc. medical facility.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: Council
Member/Commissioner McCammack. Absent: None.
31. Public Comments
Paul Sanborn, 3559 Genevieve Street, San Bernardino, CA, requested that the City
clean up and maintain Pioneer Cemetery.
Darrell Hess, retired San Bernardino Fire Captain appearing on behalf of the
Mexican American Political Association (MAPA), 2389 Palo Alto Way, Running
Springs, CA, stated that there is an immediate need for increased fire protection
within the City, and he requested that the Mayor and Council direct staff to prepare
a resolution to place a Charter amendment on the ballot to rescind Charter Section
186.
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Carol Donnelly, 3700 N. Mountain Drive, San Bernardino, CA, presented a new
advocacy group to San Bernardino called, "Community Offering Police Support"
(COPS), which was organized in order to bring greater community awareness and
support to the Police Department.
Harold Pilant, 550 W. 5" Street, San Bernardino, CA, stated that the tenants of his
senior complex have had problems entering and exiting onto the street during the
annual Route 66 Rendezvous, and requested they be given some type of "resident"
sticker for their vehicles.
Betty Long, 395 N. "H" Street, #31, San Bernardino, CA, commended the City on
the repair of Kingman Street; however she stated that several other streets and
sidewalks were in need of repair throughout the City, She stated that her husband
had an accident on the ramp at the Feldheym Library.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that there are over
3,400 people who are registered to vote in San Bernardino who do not have valid
addresses or phone numbers. He stated that he would provide information on the
"ghost voters" at the next meeting. Mr. Lindberg stated that he had concerns with
the new electronic voting system.
Rick Avila, Avila Construction, stated that he won his lawsuit with the City, but he
has not yet seen his money. He stated that this was a frivolous case that should have
never gone to court in the first place, but he has learned that Mr. Arias plans to file
an appeal on the basis that there was no evidence to support the verdict.
32. Adjournment
At 9:13 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, October 6, 2003, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
By,,/
Linda Sutherland
Deputy City Clerk
No. of Items: 32
No. of Hours: 6
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