HomeMy WebLinkAbout02-04-2002 Minutes
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 4, 2002
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 Valles at 8: 10
a.m., Monday, February 4, 2002, 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 Valles;
Council Members/Commissioners Estrada, Suarez, Anderson, McCammack; City Attorney
Penman, City Clerk Clark, City Administrator Wilson. Absent: Council
Members/Commissioners Lien, McGinnis, Schnetz.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a):
Jaime Alvarez, et aL v. City of San Bernardino - United States District Court
Case No. CV 00-03048;
Stubblefield Construction Company, et aL v. City of San Bernardino, et aL -
San Bernardino Superior Court Case No. SCV 252058;
California Bio-Mass, et aL v. City of San Bernardino, et aL - San
Bernardino Superior Court Case No. 083473;
Redevelopment Agency of the City of San Bernardino, v. Jaime Alvarez, et
al. - San Bernardino Superior Court Case No. SCVSS 086091.
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.
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C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to subdivision (c) of Government Code Section 54956.9.
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. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1.
Property Address:
Negotiating Parties:
HUB Properties
Gary Van Osdel for the Redevelopment Agency
and
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Cecilia Moreno
Cecilia Moreno
Cecilia Moreno
Janice S. Casey
Gina Ramirez
Gerry C. Politano & Lea G. Politano
Cruz Avila & Leonor Avila
Ronnie E. Searcy & Susan Ann Searcy
Jose T. Castaneda & Brenda Castaneda
Anthony Grgec & Gloria E. Grgec
Anthony Grgec & Gloria E. Grgec
Angelina Rodriguez Coeur
AHa J. Moffitt
Charles L. Brown
Elisa L. Gurrola & Evangelina L. Montez
Juan P. Trujillo & Consuelo Y. Trujillo
Chia-Ping Hwang & Mei Fan Hwang
Enrique Villapando & Mary Villapando
West End Investments
Kreten Jakobsen & Rebecca G. Jakobsen
Kreten Jakobsen & Rebecca G. Jakobsen
Neil Calvin Hansen, Jr. & Sandra Kay Hansen
Ronald Norris & Phyllis Norris
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Under Negotiation:
David V. Kon, Trustee
David V. Kon, Trustee
Juan P. Trujillo & Consuelo Y. Trujillo
Roberto O. Betancourt & Rita M. Betancourt
Pedrito B. Tongpo & Perida I. Tongpo
Pedrito B. Tongpo & Perida I. Tongpo
Henry W. Shelton & Betty J. Shelton
George R. Hallock & Janet Knickerbocker
Altegra Credit Co
Blue Diamond Unlimited, Inc
Henry W. Shelton & Betty J. Shelton
Vibhakerbhai B. Patel & Vimalaben Patel
Alfred Anthony Simental
L.L.C., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Henry W. Shelton & Betty J. Shelton
Henry W. Shelton & Betty J. Shelton
Leo Rittenhouse
Harold P. Luke & Chintana V. Luke
J. C. Hancock & Lorean Hancock
Henry W. Shelton & Betty J. Shelton
Victor M. Castillo
Fern I. Kopitzke, Trustee
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Purchase terms & conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
La France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDV 00-107 RT (RNBx);
Jonathan Smith v. City of San Bernardino, et al. - United States District
Court Case No. CV 98-1990 GAF (CTx);
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Daniel Cravens v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 076715;
City of San Bernardino Municipal Water Department v. The United
States Department of the Army - United States District Court Case No.
CV 96-8867 consolidated with CV 96-5205;
Susan Aldama, et al. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 61691.
City Clerk Clark announced that during closed session a motion was made by
Council Member/Commissioner Suarez, seconded by Council
Member/Commissioner Lien, that the filing of the amicus brief in the case of People
v. Stanistreet, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
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.
Council Members/Commissioners Lien & McGinnis Arrived
At 8: 15 a.m., Council Members/Commissioners Lien and McGinnis arrived at the
Council/Commission meeting.
Invocation/Pledge of Allegiance
The invocation was given by Reverend Pamela J. Moore, First Christian Church, followed
by the pledge of allegiance, led by Julie Douglas, graduating student from Anderson School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Milford Harrison, San Bernardino International Airport Authority, thanked City staff
for their diligence in processing the Kohl's appl ication for their 650,000 square foot
distribution complex, which is the largest building to be built in the City of San
Bernardino. Mr. Harrison thanked the City for the loan of low-moderate income
housing funds to the Inland Valley Development Agency for the years 1999 and
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2000, and presented the City with a check in the amount of $523,963.12 as full
repayment of those funds.
A proclamation designating the month of February as "Library Lovers' Month" was
accepted by Ophelia Roop, Library Director.
A proclamation designating the month of February as Rotary International Month
was presented to the presidents of the five Rotary clubs in San Bernardino. Harry
Holmes, President of San Bernardino Downtown Rotary; David Smith, President of
San Bernardino North Rotary; Treva Webster, President of San Bernardino
Crossroads; Rachel Clark, President of San Bernardino Breakfast Rotary; and Ed
Norton, President of San Bernardino Highland Rotary accepted proclamations for
each of their respective clubs.
Judi Penman, Executive Director of the San Bernardino Area Chamber of
Commerce, presented the "4th of July Parade Spirit Award" to California Gardens
for having the best float in last year's 4th of July Parade. Veronica Martindale
accepted the award on behalf of California Gardens.
Teri Rubi, Executive Assistant to the Mayor, announced that the San Bernardino
Pacers, under the leadership of Lee Gagnon of the City Clerk's Office, was
nominated for the "Together We Can Award" and would be recognized with a
luncheon with Mayor Valles later this month.
The City of San Bernardino Employee of the Year 2001 Award was presented to
Edward Erjavek, Technology Librarian at the Feldheym Library.
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/activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, 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, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
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6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the minutes of the following meeting of the
Mayor and Common Council/Community Development Commission, be approved as
submitted in typewritten form: January 25, 2002.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
7. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the Chief
Examiner dated January 29, 2002, 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, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
8. RES. 2002-33 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Lewis, D' Amato, Brisbois & Bisgaard and the City of San Bernardino
to represent the City and employees in the case of Richard P. Avila, et aI. v.
Mike Grubbs, et al.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-33 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Schnetz.
9. RES. 2002-34 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of a Professional Services Agreement
between Lewis, D' Amato, Brisbois & Bisgaard and the City of San Bernardino
and the Redevelopment Agency of the City of San Bernardino to represent the
City and RDA in the case of Redevelopment Agency of the City of San
Bernardino v. Jaime Alvarez, et aI.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-34 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Schnetz.
10. ORD. MC-I115 - An Ordinance of the City of San Bernardino amending
Section 19.06.020 of the San Bernardino Municipal Code (Development Code) to
add permitted uses in the CR-l, Commercial Regional-Malls land use district.
FINAL READING
Council Member/Commissioner McCammack requested that the subject of security
and maintenance of the Carousel Mall remain open for future discussions.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said ordinance be adopted.
Ordinance No. MC-I115 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Schnetz.
11. RES. 2002-35 - Resolution of the City of San Bernardino amending Resolution
No. 655 entitled, in part, "A Resolution... designating certain streets, or
portions thereof as through highways..." and establishing a four way stop at the
intersection of Guthrie Street and Sunrise Lane.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-35 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Schnetz.
12. RES. 2002-36 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with Lilburn
Corporation for the preparation of environmental documents for State Street
improvements between 5th Street and 16th Street.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
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Resolution No. 2002-36 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCanunack. Nays: None. Absent: Council Member/Commissioner Schnetz.
13. Ratification of applications for grant funds - Environmental Enhancement and
Mitigation Program (EEMP) - Section 164.56 of the Streets and Highways Code
- Intermodal Areas/Commercial Center Revitalization & Beautification -
Proposed Pepper-Linden Drive Landscape Median and Parkway
RES. 2002-37 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the application for grant funds for the Environmental
Enhancement and Mitigation Program (EEMP) under Section 164.56 of the
Streets and Highways Code for the following project: Intermodal
Areas/Commercial Center Revitalization and Beautification. (13A)
RES. 2002-38 - Resolution of the Mayor and Common Council of the City of
San Bernardino ratifying the application for grant funds for the Environmental
Enhancement and Mitigation Program (EEMP) under Section 164.56 of the
Streets and Highways Code for the following project: Proposed Pepper-Linden
Drive Landscape Median and Parkway. (13B)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions A & B, be adopted.
Resolution Nos. 2002-37 and 2002-38 were adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCanunack. Nays: None. Absent: Council Member/Commissioner Schnetz.
14. RES. 2002-41 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Brewster Electric for Little League
Baseball Lighting, per Plan No. 10352.
Tracylyn Sharrit, President of the West Blair Park Neighborhood Cluster
Association, 3238 Roberds Avenue, San Bernardino, CA, thanked the City Council
for approving the project.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted; and that the
Mayor and Common Council authorize the Director of Finance to amend the FY
200112002 budget to increase the budget amount in Account No. 243-363-5504-7268
by $101,300 and reflect the associated reduction in Account No. 243-000-3405-0000
(Unappropriated Fund balance in Park Construction Fund).
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The motion carried and Resolution No. 2002-41 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez,
Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner
Schuetz.
15. RES. 2002-42 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to American Asphalt Repair &
Resurfacing Co., Inc., for pavement rehabilitation by slurry seal at various
locations per Plan No. 10321.
Council Member/Commissioner McCarnmack stated that some of the roads in the
City are in such bad condition that they can no longer benefit from the slurry seal
process and asked the City to think about how it is spending its money.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted; and that the
Mayor and Common Council authorize the Director of Finance to amend the FY
200112002 budget and transfer $20,000 from Account No. 242-000-3405
(Unallocated balance - Street Construction Fund) to Account No. 242-362-5504-
0000 (New Project - Street Construction Fund).
The motion carried and Resolution No. 2002-42 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez,
Anderson. Nays: Council Member/Commissioner McCammack. Absent: Council
Member/Commissioner Schnetz.
16. RES. 2002-39 - Resolution of the City of San Bernardino approving
Amendment No. 1 to Agreement for Services with Engineering Resources of
Southern California, Inc. for engineering plan checking services for various
land development projects.
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 200112002
Development Services Department adopted budget and transfer savings from salaries
(Account No. 001-183-5011) in the amount of $25,000 to contractual services
(Account No. 001-181-5502) to accommodate the associated costs; and that the
Mayor and Common Council authorize the Purchasing Manager to increase the
purchase order to Engineering Resources from the current amount of $25,000 to
$50,000.
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The motion carried and Resolution No. 2002-39 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez,
Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner
Schnetz.
17. Authorize Director of Finance to amend the FY 200112002 budget - move
$265,000 originally budgeted in the Non-Departmental budget to appropriate
City Department budget - costs scheduled to be shifted from EDA to the City
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council authorize
the Director of Finance to amend the FY 200112002 adopted budget as follows:
increase Facilities (Account No. 001-321-5507) $45,000; increase Parks (Account
No. 001-382-5506) $8,000; increase Mayor (Account No. 001-012-5505) $50,000;
increase Police (Account No. 001-220-5181) $84,000; and increase Cable TV
(Account No. 107-261-5181) $78,000 and do a corresponding budget decrease from
the Non-departmental budget in Account No. 001-092-5197, as outlined in the staff
report dated January 17,2002, from Barbara Pachon, Director of Finance.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
18. Authorize - execution of agreement - City of San Bernardino & Economic
Development Agency to jointly fund consulting services of Copeland, Lowery &
Jacquez - authorize Mayor to execute agreement
RES. 2002-43 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute an agreement with Copeland,
Lowery, & Jacquez for Federal Representation Services. (18A)
RES. CDC/2002-7 - Resolution of the Community Development Commission of
the City of San Bernardino authorizing the execution of an agreement to jointly
fund the consulting services of Copeland, Lowery & Jacquez for Federal
Representation Services by and between the City of San Bernardino and the
Community Development Commission of the City of San Bernardino.
(18B)
RES. 2002-44 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement to jointly fund the
consulting services of Copeland, Lowery, & Jacquez by and between the City of
San Bernardino and the Community Development Commission of the City of
San Bernardino. (18C)
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Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolutions A-C, be adopted.
Mayor and Common Council Resolution Nos. 2002-43 and 2002-44 and Community
Development Commissioner Resolution No. CDC12002-7 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Suarez, Anderson, McCammack. Nays: None. Absent: Council
Member/Commissioner Schuetz.
19. RES. 2002-45 - Resolution authorizing the Mayor of the City of San Bernardino
or her designee to apply for and administer a grant in the amount of $24,625
from the State of California Department of Parks and Recreation for a
skateboard park.
Chelsea Lock, 3238 Roberds Avenue, San Bernardino, CA, commented on the
reported budget cuts from funds that were set aside for parks, museums, and
community centers.
Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, stated that she was
concerned that the budget cuts would affect programs that benefit children.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Director of Finance be authorized to amend FY 200112002 adopted Park
Construction Fund budget and to increase equally both revenues (Account No. 243-
000-4620 State Aid) and expenditures (Account No. 243-363-5504) Blair Park
Skateboard site) by $24,600 to reflect the State grant funds to be received for the
skateboard project.
The motion carried and Resolution No. 2002-45 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Suarez,
Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner
Schnetz.
20. RES. 2002-40 - 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 Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-40 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCarnmack. Nays: None. Absent: Council Member/Commissioner Schnetz.
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21. RES. 2002-46 - Resolution of the Mayor and Common Council of the City of
San Bernardino in support of Proposition 42 - the Traffic Congestion
Improvement Act.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-46 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Schuetz.
Note: Agenda Item Nos. 22, 29 and 30 were discussed simultaneously.
22. Request from Tobacco Use Reduction Now (TURN) - that City amend
Municipal Code related to smoking (See related Agenda Item Nos. 29 & 30 -
pages 18 & 19)
City Attorney Penman noted that with the exception of the County of San
Bernardino, most cities have similar smoking ordinances. Mr. Penman indicated that
according to State law, the State ordinance supersedes and renders local enactment
or enforcement unnecessary. He stated that the proposed resolution, Agenda Item
No. 30, reinforces the City's support of State law and its enforcement. Mr. Penman
stated that it is the State law that should be enforced, not a City law that is either less
stringent and therefore cannot be enforced, or one that adds new information or
requirements that would apply only to the City of San Bernardino and not to other
cities in the County, or the County itself.
The following individuals spoke in favor of amending the ordinance related to
smoking:
Teresita Rojas, 2677 Tungsten Court, San Bernardino, CA.
Mikelle Salas, 1067 W. Temple Street, San Bernardino, CA.
Lou Bolduc, 479 Idyllwild Drive, #E, San Jacinto, CA.
Korin A. Congdon, 11852 Mt. Vernon Avenue, #V654, Grand Terrace, CA.
Tim Prince, 290 N. "D" Street, #807, San Bernardino, CA.
Jonathan Buffong, 1835 N. Encina Avenue, Rialto, CA.
Danny Flores, 2060 Mesa, San Bernardino, CA.
Carlene E. Henriques, Regional Project Director for Tri-County South Regional
Tobacco-Free Project, 11860 Magnolia Ave., #L, Riverside, CA.
Gil Navarro, Chairman, Mexican American Political Association (MAPA), P.O.
Box 1396, San Bernardino, CA.
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Kay Adkins read a statement prepared by John Hill, a representative of the
Coalition for Tobacco Free San Bernardino County and Reach Out West End, 1126
W. Foothill Blvd., #110, Upland, CA.
Claudia Limon, 7120 Newbury Avenue, San Bernardino, CA, spoke on behalf of
Teresa Contreras.
Father Patricio Guillen, Executive Director of the Libreria del Pueblo, 2002 S.
Magnolia Avenue, Ontario, CA.
Michele Jacknik, Public Health Manager of TURN, San Bernardino County
Department of Public Health, 505 N. Arrowhead, Suite 500, San Bernardino, CA,
expressed her appreciation to City officials who worked nearly one year on the
revision of the tobacco ordinance.
Joseph Luna, Project Coordinator, Libreria del Pueblo, 420 W. "N" Street, Colton,
CA, spoke against smoking on behalf of Cecilia Gascon, 2394 Walnut Street, San
Bernardino, CA.
Michelle Schnepper, Program Manager for the American Lung Association, 441
MacKay Drive, San Bernardino, CA.
Esther Jimenez, resident of Redlands and a member of TURN, stated that the
proposed ordinance was custom made for the City of San Bernardino with
recommendations and input from the City Attorney's Office, City Administrator's
Office, Police Department, BREATH, TALC, and TURN. Ms. Jimenez stated that
studies and surveys were implemented throughout the City and residents concluded
that they wanted to strengthen the City's ordinance, especially regarding sales to
mmors.
Ms. Jimenez stated that TURN reviewed and compared the City of San Bernardino's
smoking ordinance and its provisions with other cities within the County, with other
cities throughout the State, and with Section 6404 of the Labor Code. TURN
consulted with BREATH and TALC and found that the ordinance had areas and
language that needed to be updated and was updated to reflect current changes in
State law. She stated that they never recommended that smoking outdoors at bars
should be prohibited.
Ms. Jimenez stated that TURN met with City staff and presented a packet that
included the first draft copy of the updated ordinance, a diskette of the updated
ordinance, samples of other city ordinances that have stronger provisions than State
law, and other materials that supported the updated recommendations for the
ordinance. In late 2000, TURN met with City staff to discuss the areas that could be
strengthened such as: over the counter sales, no smoking in children's playgrounds,
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and vending machines in bars; however, it was determined that the City was not
ready to strengthen regulation in bars, but would fine-tune language that would be
reasonable. They also felt that focusing on public health in public areas would be
the best place to strengthen; however, the ordinance was put on hold.
In mid 2001, Ms. Jimenez stated that TURN contacted the City and the process was
restarted and it was agreed at that time to modestly strengthen the ordinance to
include not smoking in City-owned/City-operated vehicles since the Police
Department had implemented a no-smoking rule in their vehicles in February 2001.
She noted that TURN also recommended a 20-foot distance from City-
owned/operated buildings and a second draft was submitted and reviewed by the
City Attorney, City Administrator, BREATH, and the Police Department. Changes
were incorporated into a third revision, which the Council now had, in which it was
recommended that the City define a 25-foot tot lot playground smoking distance.
Ms. Jimenez stated that the collaboration of all those who reviewed, revised, and
made recommendations went very weIl until TURN met with the Legislative Review
Committee and Mr. Penman asked that the current ordinance be repealed.
The following individuals spoke in opposition to the ordinance:
Charles Wright, 225 E. Lynwood Drive, San Bernardino, CA.
Dennis Craig, 3142 N. "E" Street, San Bernardino, CA.
Jon Darby, 127 W. 40th Street, San Bernardino. CA.
Larry Quiel, 4040 La Hacienda, San Bernardino, CA.
Lynn Dillaman, 255 E. 40th Street, San Bernardino, CA.
Council Member/Commissioner McCarnmack read a letter from Marie Callender's
Restaurant, 800 E. Highland A venue, San Bernardino, CA, which stated that a
stricter anti-smoking ordinance would put every business in San Bernardino on a
different playing field than businesses in neighboring cities.
Mayor VaIles asked that the members of the Council consider continuing this item
until they understood all of its implications.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued.
Council Member/Commissioner Lien stated that there appeared to be a differing
legal opinion than that given by the City Attorney, and she felt she needed to see
some of the other legal opinions on the issue.
Council Member/Commissioner McCammack agreed as long as they were, in fact,
legal attorney opinions.
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02/04/2002
It was the consensus of the Council that a legal opinion from the State Attorney
General should also be requested.
Council Member/Commissioner Anderson amended her motion, seconded by
Council Member/Commissioner McCarnmack, that the matter (Agenda Item Nos.
22, 29, and 30) be continued for no more than 30 days, and that legal opinions on
this issue be requested from the State Attorney General and County Counsel.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Anderson, McCarnmack. Nays: Council
Member/Commissioner Suarez. Absent: Council Member/Commissioner Schnetz.
23. RES. 2002-47 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the release of Request for Proposal for Arts in
Public Places by the Fine Arts Commission.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-47 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Schnetz.
24. A Resolution of the City of San Bernardino approving a Side Letter to
Resolution No. 2001-303, resolution implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the
General Bargaining Unit represented by the San Bernardino Public Employees
Association. (Continued from January 22, 2(02)
Note: No resolution was submitted with the backup material.
Council Member/Commissioner Anderson made a motion,
Member/Commissioner Suarez, that the matter be
Council/Commission meeting of February 19,2002.
seconded by Council
continued to the
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
25. An Ordinance of the City of San Bernardino adding Section 10.16.280 relating
to the parking of vehicles on off street parking areas. FIRST READING
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02/04/2002
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McGinnis, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
26. Abandoned & illegal sign abatement
City Attorney Penman reported that Code Enforcement and the City Attorney's
Office would be conducting a survey of abandoned and illegal signs in the City and
would begin abatement proceedings. No action was taken on this matter.
27. Authorization to join amicus curiae brief - 99 Cents Only Stores v. Lancaster
Redevelopment Agency
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council authorize
the City Attorney to join in the amicus curiae brief in the case of 99 Cents Only
Stores v. Lancaster Redevelopment Agency.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schuetz.
28. Ratification of City Attorney Office's action to further joinder in an amicus
brief - Kay Barnes, et al. v. Jeffery Gorman, et al. - United States Supreme
Court
Council Member/Commissioner McCantmack made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council ratify the
actions of the City Attorney in joining in the amicus curiae brief on the merits in the
case of Kay Barnes, et al. v. Jeffery Gorman, et al.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
29. An Ordinance of the City of San Bernardino repealing Chapter 8.72 of the San
Bernardino Municipal Code relating to smoking. FIRST READING (See
related Agenda Item Nos. 22 & 30 - pages 12 & 19)
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02/04/2002
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter (Agenda Item Nos. 22, 29,
and 30) be continued for no more than 30 days, and that legal opinions on this issue
be requested from the State Attorney General and County Counsel.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Anderson, McCammack. Nays: Council
Member/Commissioner Suarez. Absent: Council Member/Commissioner Schnetz.
30. Resolution of the Mayor and Common Council of the City of San Bernardino
promoting a healthy environment and a healthy citizenry and calling upon the
San Bernardino Police Department to continue its enforcement of State-
mandated laws which regulate smoking. (See related Agenda Item Nos. 22 & 29
- pages 12 & 18)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter (Agenda Item Nos. 22, 29,
and 30) be continued for no more than 30 days, and that legal opinions on this issue
be requested from the State Attorney General and County Counsel.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Anderson, McCarnmack. Nays: Council
Member/Commissioner Suarez. Absent: Council Member/Commissioner Schuetz.
31. League of California Cities Legislative Task Force Update
Council Member/Commissioner Lien stated that the League Task Force had asked
that all cities in the Inland Empire Division ratify the following 2002-2003
Legislative Priorities: Local Control; Reduction of Low Income Housing
Concentration in the Inland Empire; Expansion of Local Government Funding
Sources for Transportation; Enhancement of Alameda Corridor East Financing;
Economic Development/Jobs; and supporting legislation to protect Endangered
Species through developing habitat plans that allow for community land use.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council ratify the
legislative priorities for the Inland Empire Division of the League of California
Cities.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
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02/04/2002
32. Luncheon workshop - 12 noon - MIC Room - update by Ehrenkratz, Eckstut &
Kuhn Architects (EEK) - status of design alternatives for the Downtown
Revitalization Project
For information only. No action was taken.
Recess Meeting
At 1:46 p.m., Mayor/Chairman Valles recessed the luncheon workshop to 2 p.m. in the
Council Chambers of City Hall.
Note: The Mayor and Common Council and Community Development Commission were
in closed session from 2:08 p.m. to 2:32 p.m. At 2:33 the Council/Commission meeting
reconvened and the remaining City items were discussed.
Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority - Joint Regular Meeting
At 3:44 p.m., Mayor/Chairman Valles called to order the joint regular meeting of the
Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority and Mayor and Common Council.
Roll Call
Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman
Valles; Council Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, Economic
Development Agency Special Counsel Sabo and Executive Director Van OsdeL Absent:
Council Member/Commissioner Schnetz.
R33. Tippecanoe Retail Development - HUB Project - City/Agency Cooperation and
Financing Agreement & California Infrastructure and Economic Development
Bank (CIEDB) Lease/Leaseback Agreements
A Resolution of the Community Development Commission of the City of San
Bernardino, as the governing body of the Redevelopment Agency of the City of
San Bernardino, approving that certain Redevelopment Cooperation and
Financing Agreement by and between the Redevelopment Agency of the City of
San Bernardino and the City of San Bernardino, California. (R33A)
A Resolution of the Mayor and Common Council of the City of San Bernardino
approving that certain Redevelopment Cooperation and Financing Agreement
by and between the Redevelopment Agency of the City of San Bernardino and
the City of San Bernardino, California. (R33B)
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02/04/2002
RES. 2002-48 - A Resolution of the Mayor and Common Council of the City of
San Bernardino, California authorizing the execution and delivery of a site lease
and a facility lease and approving certain other matters in connection therewith
(California Infrastructure and Economic De~'elopment Bank: $2.0M Harriman
Place street extension project). (R33C)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolutions A and B, be continued to the
Council/Commission meeting of February 19, 2002.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution C, be adopted.
Resolution No. 2002-48 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCarnmack. Nays: None. Absent: Council Member/Commissioner Schnetz.
R34. RES. CDC/2002-8 - A resolution of the Community Development Commission
of the City of San Bernardino, as the governing body of the Redevelopment
Agency of the City of San Bernardino, approving that certain exclusive right to
negotiate for property acquisition and redevelopment assistance (Essex Realty
Management, Inc.) by and between the Redevelopment Agency of the City of
San Bernardino and Essex Realty Management, Inc., on the terms set forth in
such agreement.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. CDC12002-8 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Schuetz.
35. Public Comments
Rudy McGregor, 848 Clevenger Court, San Bernardino, CA, stated that residents
of the Valley View Neighborhood Association had concerns regarding a letter they
received from a real estate company on behalf of the Hillwood Corporation asking
them to sell their property, and with the proposed construction of an intermodal yard
and railroad track in the neighborhood. Mr. McGregor invited the Mayor and
Council to a neighborhood meeting at which the Vice President of the Hillwood
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02/04/2002
Development Corporation was invited to make a presentation to the residents of the
First Ward.
Pamela Zander, resident of San Bernardino, CA, stated that she was concerned
with all the criminal activities occurring in her neighborhood and the number of
illegal immigrants in the City of San Bernardino.
NB1. Enhance reward for apprehension & conviction of person responsible for the
death of Hannah "Honey" Jordan
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McCammack, that the matter arose subsequent to the
posting of the agenda.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schuetz.
Correspondence was received from Mark C. Edwards, Attorney representing the
family of Honey Jordan, dated January 31, 2002, requesting that the Council
approve an increase to the reward fund in the amount of $50,000 as an incentive for
any information leading to the arrest and conviction of Mrs. Jordan's killer.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McCarnmack, that the Mayor and Common Council increase
the reward for any information leading to the arrest and conviction of Mrs. Jordan's
killer to $50,000.
Mayor Valles suggested that the matter be referred to the Police Chief, City
Attorney, and herself, and that their recommendation be brought back to the next
Council meeting.
Council Member/Commissioner Lien amended her motion, seconded by Council
Member/Commissioner Anderson, that the matter be referred to the Mayor, City
Attorney, and the Police Chief, and that their recommendation be brought back to
the Council/Commission meeting of February 19, 2002.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner Schnetz.
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02/04/2002
36. Adjournment
At 4:30 p.m., the meeting adjourned. The next joint regular meeting of the Mayor
and Common Council and Community Development Commission is scheduled for
8:00 a.m., Tuesday, February 19,2002, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
B~~' ~
~ Sutherland
Deputy City Clerk
No. of Items: 37
No. of Hours: 7.6
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