HomeMy WebLinkAbout11-17-2003 MinutesMINI iTF.S
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 17, 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 McCammack at 1:35 p.m., Monday, November 17, 2003, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor
Pro Tem/Acting Chairman McCammack; Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Suarez, Anderson, McCammack; Senior Assistant City
Attorney Carlyle, Deputy City Clerk Medina, Cite Administrator Wilson. Absent:
Mayor/Chairman Valles.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
Morris Barnes, Jodie Basse v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 03-0130VAP;
Dale Blackwell v. City of San Bernardino, et al. - San Bernardino Superior
Court Case No. SCVSS 096441;
Joe C. Groves v. City of San Bernardino - Workers Compensation Appeals
Board Case No. SBR 031944; SBR 0311936; SBR 0305316.
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 Government Code Section 54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6:
G
1. Negotiator:
Fred Wilson, City Administrator
Employee Organization:
San Bernardino Confidential Management Association (to include
Unclassified Employees)
2. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters' Association
Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1. Property: 1263 West Baseline
APN 0139-071-05
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Johnnie L.
Davis and Lucille O. Davis, Property Owners
(Deceased)
Under Negotiation: Purchase price, terms and conditions
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2. Property: Yamazato Japanese Restaurant located at 289
East Hospitality Lane
APN 0141-402-06 and 0141-402-39
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and Theresa
Shea, Business Owner
Under Negotiation: Permission to Appraise Business
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common Council and
Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Council Member/Commissioner Anderson, followed by the
pledge of allegiance, led by Council Member/Commissioner Derry.
Moment of Silence
Mayor Pro Tem/Acting Chairman McCammack requested a moment of silence be observed
in remembrance of Les Grove, Norton Air Force Base retiree, and Dr. Richard Satoski, a
well-known dentist in the community.
2. Appointments
There were no commission appointments.
3. Presentations
San Bernardino Elks Lodge Post 836 presented a check for $200 to the City of San
Bernardino's Disaster Relief Fund in honor of the Fire Department and a check for
$100 in honor of the Police Department and requested that the money be dedicated
specifically to Police Department and Fire Department employees who lost their
homes in the recent fires.
A special service pin award was presented to Daniel "Doc" Moseley in honor of his
50 years of dedicated service with the San Bernardino Police Reserves.
3 11/17/2003
H
June Durr, Director of Marketing and Public Affairs, read the names of the
following individuals who were presented a service pin award by Mayor Pro
Tem/Acting Chairman McCammack in recognition of their many years of dedicated
service to the City:
Name
Cindy Buechter
Kenneth Mosteller
Rita West
William Beaumont
Terry Beverlin
Authur Figueroa
Joe Groves
Gary McCafferty
Dennis Moon
Michael Pohl
Ricky Winn
Ellen Lanto
Aurora Mendoza
Dale Blackwell
Wes Farmer
William Harps
Brian Koerner
Carol Norris
George Newlin
Announcements
Department
City Clerk
Facilities Management
Finance
Fire
Fire
Fire
Fire
Fire
Fire
Fire
Fire
Library
Library
Police
Police
Police
Police
Police
Public Services
Years of Service
20
15
10
20
30
30
30
20
20
30
25
20
35
25
30
25
15
5
30
Announcements were made by Mayor Pro Tem McCammack, 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 Longville, that full reading of the resolutions and ordinances
on the regular and supplemental agendas 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.
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11/17/2003
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the minutes of the following meeting of the
Mayor and Common Council/Community Development Commission of the City of
San Bernardino be approved as submitted in typewritten form: October 29, 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 Longville, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated November 12, 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.
8. Personnel Actions
City Administrator Wilson stated that the Police Department requested that Item No.
2 be pulled.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions as submitted by the Chief
Examiner dated November 12, 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, with the removal of Item No. 2.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
5 11/17/2003
9. RES. 2003-298 - Resolution of the City of San Bernardino noticing a public
hearing relative to the formation of Underground Utility District No. 30,
generally located along portions of Palm Avenue, between Kendall Drive and
Meyers Road, portions of Belmont Avenue east and west of Palm Avenue, and
portions of Irvington Avenue, between Palm Avenue and Olive Avenue, in the
City of San Bernardino.
Council Member/Commissioner Derry stated that he would have to abstain on this
matter as Southern California Edison is his employer. He left the Council Chambers
and returned after the vote was taken.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the Director of Development Services and
the City Clerk be authorized to proceed with the formation of Underground Utility
District No. 30, along portions of Palm Avenue north of Kendall Drive; Belmont
Avenue east and west of Palm Avenue; and Irvington Avenue east of Palm Avenue,
pursuant to San Bernardino Municipal Code Section 13.36; and that said resolution
be adopted.
The motion carried and Resolution No. 2003-298 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.
10. Resolution of the City of San Bernardino authorizing the execution of a land
lease agreement with Verizon Wireless for use of a portion of Al Guhin Park,
located at 3652 West Little League Drive (San Bernardino Blast).
City Administrator Wilson stated that because some cities were able to get slightly
higher monthly rental rates, he requested that the matter be continued for two weeks
in order to attempt to negotiate a higher rate with Verizon.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of December 1, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
6 11/17/2003
11. RES. 2003-307 — Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to 4-Con Engineering, Inc. for PR04-10
Blair Skateboard Park per Plan No. 10667.
Council Member/Commissioner Longville stated that she was concerned about the
decision to build a permanent structure rather than a modular one.
Lemuel Randolph, Director of Parks, Recreation & Community Services, stated that
the change from the modular concept to a concrete concept was the result of
discussions with their design consultant, who believes a concrete system would be
better.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted; that the Mayor
and Common Council authorize the Director of Finance to amend the FY 2003-04
CIP budget to transfer $83,200 from Unappropriated Park Construction Funds to
Account No. 243-363-5504-7340 "Blair Skateboard Park"; and that the Mayor and
Common Council authorize the Director of Development Services to execute Change
Order No. One reducing the contract amount b} $38,254 to 4-Con Engineering, Inc.
for construction of Blair Skateboard Park per Plan No. 10667. (No vote was taken.)
Council Member/Commissioner Longville made a substitute motion, seconded by
Council Member/Commissioner McCammack, that the City reject all bids and
authorize the Parks and Recreation Department to solicit bids for a modular unit.
The motion failed by the following vote: Ayes Council Members/Commissioners
Longville, McCammack. Nays: Council Members/Commissioners Estrada,
McGinnis, Derry, Suarez, Anderson. Absent: None.
Mr. Randolph stated that changing to a modular unit would entail a redesign of the
project at a cost of about $10,000 to $12,000 and would take approximately six
months. He stated that the contractor estimated that the City would not see any
appreciable cost savings with a modular park because the pad itself would take up
the majority of the cost. Mr. Randolph stated that the committee looked very closely
at the issue of security and the impact on the neighborhood, and decided that the best
course of action, regardless of the type of design, would be to provide park staff to
supervise the facility.
7 11/17/2003
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; that the Mayor and
Common Council authorize the Director of Finance to amend the FY 2003-04 CIP
budget to transfer $83,200 from Unappropriated Park Construction Funds to
Account No. 243-363-5504-7340 "Blair Skateboard Park"; and that the Mayor and
Common Council authorize the Director of Development Services to execute Change
Order No. One in the amount of $38,254 to 4-Con Engineering, Inc. for
construction of Blair Skateboard Park per Plan No. 10667.
The motion carried and Resolution No. 2003-307 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez,
Anderson. Nays: Council Members/Commissioners Longville, McCammack.
Absent: None.
12. RES. 2003-310 — Resolution of the City of San Bernardino extending contracts
with EsGil Corporation, and Willdan for provision of professional building plan
review services.
Council Member/Commissioner Longville questioned whether the City had
considered increasing the total amount of the contract in order to receive a better
bid.
Fred Wilson, City Administrator, stated that the City was looking into hiring another
contractual service to help process plans due to the fact that staff has been assigned
to handle fire -related issues.
Mr. Wilson stated that staff would be bringing forward a proposal for operation
improvements and staff adjustments in order to help move the backlog of projects.
Council Member/Commissioner Estrada stated that fire victims should be treated as
quickly and as fairly as possible, but the City must also recognize that they have put
other projects on hold.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council reject all bids
for building plan review services and authorize the Purchasing Manager to solicit
new bids; and that said resolution be adopted.
The motion carried and Resolution No. 2003-310 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
13. Item Deleted.
8 11/17/2003
14. RES. 2003-299 - Resolution of the Mayor and Common Council of the City of
San Bernardino adopting contractor prequalification procedures for bidders for
the construction of Fire Station 232.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-299 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
15. Authorize Change Order No. One - contract with SCR Group, Inc. dba
Southern California Roofing Company - roof repairs at Galaxy Gymnasium -
contract with Reycrest Roofing and Waterproofing Company - reroofing and
roofing repairs to Hernandez Center and Galaxy Community Center
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the Purchasing Manager be authorized to
execute Change Order No. One to contract with SCR Group, Inc. dba Southern
California Roofing Company for roof repairs at Galaxy Gymnasium in the amount of
$3,302 and to contract with Reycrest Roofing and Waterproofing Company for
reroofing and roofing repairs to Hernandez Center and Galaxy Community Center in
the amount of $12,312.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
16. Continuing Appropriations and Encumbrance Carryovers - Fiscal Year
2002/2003 to Fiscal Year 2003/2004
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council approve the
list of FY 2002/2003 Continuing Appropriations and Encumbrance Carryovers into
FY 2003/2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
9 11/17/2003
17. RES. 2003-300 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving Amendment No. 1 to the Billing Services Agreement
with Stat Physicians' Services for First Responder, Paramedic, and Membership
fees.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council reject all
bids received in response to RFP F-04-015 EMS billing services; and that said
resolution be adopted.
The motion carried and Resolution No. 2003-300 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
18. RES. 2003-301 - Resolution of the City Council of the City of San Bernardino
amending the Liability Risk Coverage Agreement and the Joint Powers
Agreement creating the Big Independent Cities Excess Pool Joint Powers
Authority, approving the prepayment of basic premium, and authorizing,
ratifying, and approving certain other documents and actions in connection
therewith.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-301 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
19. RES. 2003-302 - Resolution of the City of San Bernardino authorizing the
purchase of Dispatch Center Enhancements, to be reimbursed from State 911
tax funds.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted; and that the
Mayor and Common Council authorize the Finance Director to amend the FY
2003/04 Information Services budget and increase Account No. 679-251-5702 by
$129,967.05 to reflect expenditures that will he incurred related to the Dispatch
Center enhancements and to increase revenue Account No. 679-000-4901 by a
corresponding amount of $129,967.05 to reflect the revenue reimbursement to be
received from the State of California.
The motion carried and Resolution No. 2003-302 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
10 11/17/2003
20. RES. 2003-303 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of annual purchase orders to Law
Enforcement Medical Services, Inc. for evidence collection, Sudden Photo
Imaging for photographic services and Long Beach Uniforms for Employee
Uniforms to be utilized by the San Bernardino Police Department.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-303 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
21. RES. 2003-304 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a negotiated purchase order to
Haaker Equipment Company for the purchase of one (1) new Vactor 2103
Combination Sewer Cleaner Truck to be utilized by the Public Services Street
Sewer Crews.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted; and that the
Director of Finance be authorized to transfer $169,500 from Account No. 132-431-
5704 to Account No. 132-431-5701.
The motion carried and Resolution No. 2003-304 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
22. RES. 2003-305 - Resolution authorizing the execution of a purchase order to
Dalaj International Corporation of Los Angeles California for repairs and
replacement of the guard rails on the Massachusetts Street Bridge.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted
Resolution No. 2003-305 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
11 11/17/2003
23. RES. 2003-306 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the re -issuance of the second amendment to the
Waste Disposal Agreement between the County of San Bernardino and the City
of San Bernardino.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-306 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. Request for waiver of fees - 2003 YMCA Children's Christmas Parade -
December 6, 2003
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Suarez, that the request for a waiver of fees in the amount of
$3,848 for department personnel and equipment costs associated with the 26' Annual
YMCA Children's Christmas Parade scheduled for December 6, 2003, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
25. Receive and File the FY 2002-2003 Preliminary Year -End Report and the FY
2003-2004 First Quarter Report
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council receive and
file the FY 2002-2003 Preliminary Year -End Report and the FY 2003-2004 First
Quarter Report.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
26. Public meeting - Irvington Avenue and Olive Avenue area Landscape
Maintenance Assessment District No. 1031 (Tract No. 15407)
Mayor Pro Tem/Acting Chairman McCammack opened the hearing.
James Funk, Director of Development Services, provided an overview of the
project.
12 11/17/2003
No public comments were received.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the public meeting relative to the formation
of the Irvington Avenue and Olive Avenue area Landscape Maintenance Assessment
District No. 1031 be closed; and that protests and ballots, if any, be carried over to
the public hearing on December 1, 2003, at 4:00 p.m.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None.
Absent: Council Member/Commissioner Suarez.
27. Public hearing - Proposed Expenditures of Monies allocated from the FY
2003/2004 Citizen's Option for Public Safety (COPS)
RES. 2003-308 - Resolution of the City of San Bernardino authorizing the
obligation and expenditure of the allocated Citizens Option for Public Safety
(COPS Option) monies for FY 03/04 to supplement front-line law enforcement
support services.
Mayor Pro Tem/Acting Chairman McCammack opened the hearing.
Captain Curtis, Police Department, provided an overview of the project.
Council Member/Commissioner Estrada asked when the Council would know what
remained in the General Fund.
Fred Wilson, City Administrator, stated that these dollars were already budgeted.
Captain Curtis stated that during budget preparation they made an estimate as to this
year's allocation, and the amount was actually less than what was appropriated.
No public comments were received.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that the public hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2003-308 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
13 11/17/2003
28. Public hearing - Proposed Expenditures of Monies allocated from the FY
2003/2004 Local Law Enforcement Block Grant (LLEBG)
RES. 2003-309 - Resolution of the City of San Bernardino authorizing the
Mayor and Common Council to obligate and expend the allocated FY 03/04
Local Law Enforcement Block Grant (LLEBG) funds for law enforcement
support expenditures.
Mayor Pro Tem/Acting Chairman McCammack opened the hearing.
Captain Curtis, Police Department, provided an overview of the project.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2003-309 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
29. A Resolution of the Mayor and Common Council of the City of San Bernardino
declaring the intention to establish a Community Facilities District for the
ongoing operation and maintenance of a fire station for the Verdemont Area.
(Continued from October 20, 2003)
Fred Wilson, City Administrator, requested that this matter be continued to
December 15, 2003, in order to provide written notification to the Building Industry
Association of Southern California, Inc. (BIA) two weeks prior to the meeting.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be continued to the
Council/Commission meeting of December 15, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
30. Continue Final Map for Tentative Tract No. W112 located northeasterly of the
intersection of Foothill Drive and Sterling Avenue (Continued from August 18,
2003)
James Funk, Development Services Director, provided highlights of the staff report.
14 11/17/2003
Fred Wilson, City Administrator, stated that the Mayor received a letter from the
applicant dated November 14, 2003, requesting a continuance to the next meeting to
allow the developer to present a status report.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be continued two weeks. (No vote
was taken.)
Council Member/Commissioner Anderson asked why this property had not yet been
developed.
Jas Pragasstis, Victoria Homes, Inc., stated that they were the new applicants. He
added that this was an immense undertaking with about $40 million of improvements
and, because of the fire, they now had huge water issues to address. He requested
the matter be continued for six months and that it be deferred to the next meeting in
order to give his engineer an opportunity to present a status report to the Council.
Council Member/Commissioner Estrada stated that this project has been very costly
and she wanted to hear from the project engineer at the next meeting as to the
specific problems that need to be addressed.
Council Member/Commissioner Derry amended his original motion, seconded by
Council Member/Commissioner Suarez, that the Mayor and Common Council
approve the final continuance of the Final Map for Tentative Tract No. 14112 to the
meeting of May 17, 2004; and that the developer's engineer present a status report
to the Council on December 1, 2001
The motion carried by the following vote: Ayes: Council Members/Commissioners
Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: Council
Member/Commissioner Estrada. Absent: None.
31. Legislative Task Force update (Continued from November 3, 2003)
Council Member/Commissioner Longville 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, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
15 11/17/2003
32. Dinner workshop -- November 17, 2003 at 5:00 p.m. - Strategic Education
Services, California State legislative services - MIC Room
State representatives, Chuck Bader and Bill Chavez, presented an update on the State
budget deficit, Vehicle License Fee (VLF) repeal, and Workers' Compensation.
33. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630(c)(1)
Note: No backup materials were submitted.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the Mayor and Common Council confirm the
need for continuing in effect the local emergency caused by the Old Waterman
Canyon Fire.
The motion carried by the following vote: Aye,: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor Pro Tem/Acting Chairman McCammack; 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: Mayor/Chairman Valles.
R34. Public hearing - Tax and Equity Fiscal Responsibility Act (TEFRA) to consider
the California Statewide Communities Development Authority issuance of bonds
- proposed new Inland Behavioral and Health Services, Inc. Medical Facility
(Continued from October 6, 2003)
RES. 2003-311 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the issuance of bonds by the California Statewide
Communities Development Authority for the proposed new Inland Behavioral
and Health Services, Inc. Medical Facility.
Mayor Pro Tem/Acting Chairman McCammack opened the hearing.
Mayor Pro Tem/Acting Chairman McCammack questioned whether there were other
types of bonding the City could take advantage of.
16 11/17/2003
Gary Van Osdel, Economic Development Agency Executive Director, stated that
there were other bonds that the California Communities Development Authority
could issue; however, they would not be called upon to do so because the City
already had a Redevelopment Agency and a Joint Powers Authority.
Tim Sabo, Agency Counsel, stated that these were bonds issued for a non-profit
Corporation, so the type of bond issue could be undertaken by any joint powers
authority of which the City of San Bernardino or the Economic Development
Agency were a member. He stated that the Agency was not the issuer, they would
provide authorization that the bonds were issued in this jurisdiction and hold the
public hearing required under Federal tax law.
Council Member/Commissioner McCammack asked who would make the remaining
payments if Inland Behavioral and Health Services, Inc. (IBHS) were to default.
Mr. Sabo stated that there would be a letter of credit, or a credit enhancement,
meaning that if there were a default in the payment, there would be a foreclosure
action by the credit enhancer, at which time they would take over the project or look
for a substitute party to take over the operation. He stated that the Agency was not
participating in any of the financing documents, would not render opinions or
certifications with regard to disclosure in the official statement and would not be
involved if there were any type of misstatement or administrative work to be done.
Council Member/Commissioner McCammack asked what services would replace
those being removed from the North "E" Street building.
Maggie Pacheco, Economic Development Agency Director of Housing and
Community Development, stated that the homeless and substance abuse programs
would remain at the North "E" Street facility and all other services will be moved to
the new facility.
Mr. Van Osdel stated that neither staff nor the committee had considered what
would occupy the old site when the medical and dental services moved to the new
location.
Council Member/Commissioner McCammack stated that she was concerned that
some of the services would be provided to parolees.
Council Member/Commissioner Estrada stated that to deny that the City needs the
services would be foolish. She stated that this non-profit was providing excellent
services and felt that this was the best investment the City could make. Ms. Estrada
stated that members of this organization have been meticulous and very considerate
in dealing with the City and the business community in order to get to this point.
17 11/17/2003
Council Member/Commissioner Longville stated that this organization has already
made concessions with the City to keep the recovery services on "E" Street, which
she did not agree with.
Council Member/Commissioner McCammack stated that she realized that the
services were desperately needed in the community; however, she was concerned
about what would happen if Proposition 36 monies were no longer available and
wanted to know if anyone had considered the fact that three new major senior citizen
complexes would be in close proximity to the project.
The following individuals spoke in support of the project:
Pastor Ray Turner, 3193 N. Mayfield, San Bernardino, CA, stated that parolees
are going to be in the City whether or not they find the necessary support and noted
that the center would try to rehabilitate and change the direction of some of these
people.
Pastor Owusu Hodari stated that he sees approximately 30 to 40 people paroled
into the City of San Bernardino each week and many of them have issues that need
to be dealt with.
Bishop Perry, 2102 N. Arrowhead, San Bernardino, CA, stated that he has been
involved with drug and alcohol programs in the area for 30 years and requested that
the Council support this project.
Pastor Felix -Roger Jones, III, Highland, CA, stated that many people need the
type of help this facility provides.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that it made good
sense to promote a legitimate drug policy in the City.
Council Member/Commissioner Estrada stated that this facility was not just for
parolees.
Council Member/Commissioner McCammack stated that her only concern was with
the nature of expanded services that may be provided on "E" Street.
Dr. Lindsey, IBHS, stated that she felt they have been a gracious, accommodating
tenant since 1991. She stated that the reason they need this expansion is because the
City has an increased need for quality low cost or no cost health care including
substance abuse, mental health and homeless support activities. Dr. Lindsey added
that they plan to continue to provide a comprehensive service at the "E" Street
location.
18 11/17/2003
Ms. Pacheco recommended that line items 13 through 16 on page one of the
resolution be stricken and replaced with the following description of the program:
"comprehensive medical care services exclusive of homeless and substance abuse
services."
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said resolution
be adopted, as amended.
The motion carried and Resolution No. 2003-311 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
R35. Creative Housing Solutions, Inc. (CHS) Home Capacity Building Grant
Agreement
RES. CDC/2003-37 - 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 the Home Community Housing Development Organization (CHDO)
Capacity Building Grant Agreement by and between the Agency and Creative
Housing Solutions, Inc. (CHS).
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. CDC/2003-37 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R36. Tri Palm Development, Inc. Proposal - Northwest corner of 5" Street and Mt.
Vernon Avenue within the Mt. Vernon Corridor Redevelopment Project Area
RES. CDC/2003-38 - 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 the Redevelopment Project Study Agreement for property acquisition
and redevelopment assistance with Tri Palm Development, Inc. (Mt. Vernon
Corridor Redevelopment Project)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
19 11/17/2003
Resolution No. CDC/2003-38 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCatnmack. Nays: None. Absent: None.
R37. Elimination of Debt Limits for Nine (9) Redevelopment Agency of the City of
San Bernardino Redevelopment Project Areas
An Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the State College Redevelopment
Project Area. FIRST READING (R37A)
RES. 2003-312 - Resolution of the Mayor and Common Council of the City of
San Bernardino electing the statutory pass -through pursuant to Health and
Safety Code Section 33607.7(b) for the State College Redevelopment Project
Area. (R37B)
An Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the Central City North Redevelopment
Project Area. FIRST READING (R37C)
RES. 2003-313 - Resolution of the Mayor and Common Council of the City of
San Bernardino electing the statutory pass -through pursuant to Health and
Safety Code Section 33607.7(b) for the Central City North Redevelopment
Project Area. (R37D)
An Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the Central City West Redevelopment
Project Area. FIRST READING (R37E)
RES. 2003-314 - Resolution of the Mayor and Common Council of the City of
San Bernardino electing the statutory pass -through pursuant to Health and
Safety Code Section 33607.7(b) for the Central City West Redevelopment
Project Area. (R37F)
An Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the Southeast Industrial Park
Redevelopment Project Area. FIRST READING (R37G)
RES. 2003-315 - Resolution of the Mayor and Common Council of the City of
San Bernardino electing the statutory pass -through pursuant to Health and
Safety Code Section 33607.7(b) for the Southeast Industrial Park
Redevelopment Project Area. (R37H)
20 11/17/2003
An Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the Northwest Redevelopment Project
Area. FIRST READING (R37I)
RES. 2003-316 - Resolution of the Mayor and Common Council of the City of
San Bernardino electing the statutory pass -through pursuant to Health and
Safety Code Section 33607.7(b) for the Northwest Redevelopment Project Area.
(R37J)
An Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the Tri-City Redevelopment Project
Area. FIRST READING (R37K)
RES. 2003-317 - Resolution of the Mayor and Common Council of the City of
San Bernardino electing the statutory pass -through pursuant to Health and
Safety Code Section 33607.7(b) for the Tri-City Redevelopment Project Area.
(R37L)
An Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the South Valle Redevelopment Project
Area. FIRST READING (R37M)
RES. 2003-318 - Resolution of the Mayor and Common Council of the City of
San Bernardino electing the statutory pass -through pursuant to Health and
Safety Code Section 33607.7(b) for the South Valle Redevelopment Project
Area. (R37N)
An Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the Mt. Vernon Redevelopment Project
Area. FIRST READING (R37O)
RES. 2003-319 - Resolution of the Mayor and Common Council of the City of
San Bernardino electing the statutory pass -through pursuant to Health and
Safety Code Section 33607.7(b) for the Mt. Vernon Redevelopment Project
Area. (R37P)
An Ordinance of the City of San Bernardino eliminating the debt incurrence
deadline for the Redevelopment Plan for the Uptown Redevelopment Project
Area. FIRST READING (R37Q)
RES. 2003-320 - Resolution of the Mayor and Common Council of the City of
San Bernardino electing the statutory pass -through pursuant to Health and
Safety Code Section 33607.7(b) for the Uptown Redevelopment Project Area.
(R37R)
21 11/17/2003
Council Member/Commissioner McCammack stated that she would have to abstain
on Items Q and R due to the fact that she owns property in the Uptown
Redevelopment Project Area.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolutions B, D, F, H, J, L, N, P, and
R be adopted; and that said ordinances A, C, E, G, 1, K, M, O, and Q be laid over
for final adoption.
The motion carried and Resolution Nos. 2003-312, 2003-313, 2003-314, 2003-315,
2003-316, 2003-317, 2003-318, 2003-319 and 2003-320 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Abstentions:
Council Member/Commissioner McCammack (Q and R only). Absent: None.
R38. Amendment No. 1 to the 1999 Grant Agreement between the Redevelopment
Agency of the City of San Bernardino and Casa Ramona, Inc.
RES. CDC/2003-39 - A Resolution of the Community Development Commission
of the City of San Bernardino authorizing the Executive Director of the
Redevelopment Agency to execute Amendment No. 1 to the 1999 Grant
Agreement by and between Casa Ramona, Inc. and the Redevelopment Agency
of the City of San Bernardino.
Council Member/Commissioner Estrada stated that she would have to abstain on this
matter due to the fact that Casa Ramona is her employer. She left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. CDC/2003-39 was adopted by the following vote: Ayes: Council
Members/Commissioners Longville, McGimris, Derry, Suarez, Anderson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Estrada. Absent: None.
22 11/17/2003
R39. TELACU Housing - San Bernardino III, Inc. Senior Housing Home Grant
Agreement
RES. CDC/2003-40 - 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 the HOME Grant Agreement by and between the Agency and TELACU
Housing - San Bernardino III, Inc., a nonprofit corporation ("Developer") -
Proposed Senior Housing Development at 365 East Commercial Road.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. CDC/2003-40 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
40. Public Comments
Chelsea Lock, Tracylyn Sharrit, and Sam Lock, 3238 Roberds Avenue, San
Bernardino, CA, thanked the City Council for approving the Skateboard Park.
Katelyn Henoch, 3104 Roberds Avenue, San Bernardino, CA, thanked everyone
who voted in favor of the Skateboard Park.
Angelina Flores, 2060 Mesa Street, San Bernardino, CA, stated that she was
disappointed that Joe Suarez lost the election in the Fifth Ward.
Betty Jean Long, 734 W. 10' Street, San Bernardino, CA, stated that the City of
San Bernardino was in need of more homeless shelters.
David D. Lanham, 4865 Lakewood Drive, San Bernardino, CA, President of the
Hudson Park Neighborhood Association, encouraged the City to look into a standard
means of communication to be used throughout the City during an emergency, such
as an AM or FM radio station.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding black
market drugs and weapons.
John Stevens, 4097 Pershing, San Bernardino, CA, stated that as a member of the
Green Party, he supported the striking grocery workers and felt that universal health
care should be explored.
23 11/17/2003
Lisa Day, 2300 Fremontia Drive, #I11, San Bernardino, CA, stated that she had
been a member of the grocery union for 20 years and explained the reasons behind
the current strike.
S1. Implementation of the proposed Parks, Recreation and Community Services
Department Reorganization
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council:
Reclassify Parks Superintendent, Range 4495, $5,504-$6,372/month, to Parks
Project Manager, Range 4443, $4,044-$4,916;
Establish full-time position of Customer Service Representative, Range 1328,
$2,279-$2,770/month;
Establish full-time position of Senior Recreation Supervisor - Soccer, Range 2467,
$4, 559-$5 , 541 /month;
Establish 3/4 part-time position of Recreation Coordinator, Range 1305, $11.72/hour-
$14.25/hour;
Reclassify Community Service Center Manager, Range 2398, $3,231-$3,928/month,
to Recreation Supervisor, Range 2439, $3,965-$4,819/month, and reclassify one (1)
incumbent;
Reclassify Community Center Manager II - Mill Center, Range 2398, $3,231-
$3,928/month, to Recreation Supervisor, Range 2439, $3,965-$4,819/month;
Reclassify Community Center Manager I1, Range 2398, $3,231-$3,928/month, to
Community Center Manager, Range 2398, $3,231-$3,928/month;
Reclassify Community Center Manager I, Range 2379, $2,939-$3,573/month, to
Community Center Manager, Range 2398, $3,231-$3,928/month;
Reclassify Park Project Coordinator, Range 1425, $3,697-$4,494/month, to Park
Projects Supervisor, Range 2425, $3,697-$4,494/month, and move into the Mid -
Management bargaining unit;
Increase salary of Athletic Field Maintenance Specialist from Range 1391, $3,120-
$3,793/month, to Range 2401, $3,280-$3,987/month, and move into the Mid -
Management bargaining unit;
24 11/17/2003
Reclassify Recreation Superintendent, Range 4495, $5,242-$6,372/month, to
Assistant Director, Range 4505, $5,510-$6,697;month;
Delete vacant Administrative Clerk II position (Division 385); and
Authorize the Director of Finance to amend the FY 2003-04 Parks, Recreation &
Community Services Department budgets as necessary to implement the
reorganization plan as indicated above.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
41. Adjournment
The meeting adjourned at 8:25 p.m. The next joint regular meeting of the Mayor
and Common Council/Community Development Commission is scheduled for 1:30
p.m., Monday, December 1, 2003, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 42
No. of Hours: 5
RACHEL G. CLARK
City Clerk
Linda Sutherland
Deputy City Clerk
25 11/17/2003