HomeMy WebLinkAbout03-04-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 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/Chairman Valles
at 9 a.m., Monday, March 4,2002, in the Council Chambers of City Hall, 300 North "0"
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, Lien, McGinnis, Schnetz, Suarez,
Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: None.
Invocation/Pledge of Allegiance
The invocation was given by Father Gerry Leonard, Pastor of Saint Anne's Church,
followed by the pledge of allegiance, led by Mr. Donald Derry, father of Councilman-elect
Neil Derry, and Stephen Morales, godson of Council Member/Commissioner Estrada.
Inaugural Ceremony
A swearing-in ceremony was held for Mayor Judith Valles, Councilwoman Esther Estrada,
Councilwoman Susan Lien, and Councilman Neil Derry, followed by a reception.
Council Member/Commissioner Schnetz Excused
At 10:15 a.m., Council Member/Commissioner Schnetz left the Council/Commission
meeting and was replaced by Council Member/Commissioner Derry.
Moment of Silence
Mayor/Chairman Valles requested that a moment of silence be observed in memory of
retired Superior Court Judge Thomas Haldorsen and Abelardo Villareal.
1.
Appointment Planning Commission
Member/Commissioner Derry
John Coute
Council
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that the appointment of John Coute to the
Planning Commission, as requested by Council Member/Commissioner Derry, be
approved.
1
03/04/2002
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
2. Presentations
Mr. and Mrs. Gilbert Parra expressed their gratitude to everyone who was
instrumental in organizing the "Derek Parra Day" activities.
Ralph Affaitati, President of the San Bernardino Area Chamber of Commerce,
presented gold medals to several individuals and organizations that helped make
"Derek Parra Day" a success.
Mayor Valles and Councilwoman Lien presented Certificates of Recognition to
members of the City's PACERS Team who participated in and completed the Los
Angeles Marathon.
A proclamation designating March 2002 as "Women's History Month" was
presented to Veronica Rivera, this year's co-chair of the Women of Achievement
Committee.
3. Announcements
Announcements were made by the Mayor and Common Council, elected officials,
and the Chamber of Commerce regarding various civic, community, and Chamber
events/activities. Mayor Valles provided an update on the City's public works
projects.
4. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, 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, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
5. Council Minutes
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, 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: December 17,
2001.
2
03/0412002
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
6. Claims and Payroll
Council Member/Commissioner Suarez 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 February 25, 2002, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
7. Personnel Actions
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that the personnel actions as submitted by the
Chief Examiner dated February 25, 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, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
8. ORD. MC-l117 - An ordinance of the City of San Bernardino amending Section
3.44.131 of the San Bernardino Municipal Code relating to Utility User's Tax
Rebate Program as it applies to new and expanding businesses. FINAL
READING
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said ordinance be adopted.
Ordinance No. MC-l117 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
9. RES. 2002-66 - 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 in the case of Vibhakerbhai Patel, et al. v. City of San
Bernardino, et al.
3
03/0412002
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-66 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
10. RES. 2002-67 - Resolution of the City of San Bernardino amendiug Resolution
No. 3985 entitled, in part, "A resolution...prohibiting parking upon certain
designated streets, alleys, or portions thereof..." to establish a no parking any
time zone on the east side of Tippecanoe Avenue between Ninth Street and Base
Line Street.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-67 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
11. RES. 2002-68 - Resolution of the Mayor and Common Council of the City of
San Bernardino approving the Final Map for Subdivision Tract No. 16225,
located at the southeast corner of Hill Drive and Third Avenue, accepting the
public dedications as set forth on said map; and authorizing execution of the
standard form of agreement for the improvements in said subdivision, with time
for performance specified.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-68 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
12. RES. 2002-69 - Resolution of the City of San Bernardino confirming fair
market value and minimum sale price for certain City owned real property
generally located at the southwest corner of Orange Show Road and Waterman
A venue in said City and giving notice inviting competitive sealed and oral bids
for the sale of said property.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-69 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
4
03/04/2002
13. RES. 2002-70 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding a contract to Laird Construction Co. Inc., for
pavement rehabilitation on Rialto Avenue from Waterman Avenue to Lena
Road, per Plan No. 10152.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-70 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, l.ien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
14. RES. 2002-71 - Resolution of the Mayor and Common Council of the City of
San Bernardino awarding purchase orders to Adair Office Furniture and Office
Depot for the Development Services Department public counter reconfiguration.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-71 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
15. RES. 2002-72 - Resolution of the Mayor aud Common Council of the City of
San Bernardino authorizing the submittal of a grant application to the Children
and Families Commission (CFC) for San Bernardino County in the amount of
$162,367.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-72 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Note: Agenda item Nos. 16, 17, and 22 were discussed simultaneously.
16. RES. 2002-73 - Resolution of the City of San Bernardino amending Resolution
No. 6413, Section Ten, entitled in part, "A Resolution. . . establishing a basic
compensation plan. . . "; by updating information codifying prior Council
actions (General Unit). (See related Agenda Item Nos. 17 & 22 - pages 6 & 8)
(16A)
5
03/04/2002
RES. 2002-74 - Resolution of the City of San Bernardino amending Resolution
No. 6413, Section Eleven, entitled in part, "A Resolution. .. establishing a
basic compensation plan. . .," by codifying prior Council actions (Middle-
Management Unit). (16B)
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolutions A & B, be adopted.
Resolution Nos. 2002-73 and 2002-74 were adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
17. RES. 2002-75 - Resolution of the City of San Bernardino amending Resolution
No. 6413, Sections Twelve and Fourteen, entitled in part, "A Resolution. . .
establishing a basic compensation plan. . .," by updating information codifying
prior Council action (Management/Confidential and Unclassified). (See related
Agenda Item Nos. 16 & 22 - pages 5 & 8)
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-75 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18. RES. 2002-77 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing execution of an agreement between the City of San
Bernardino and the San Bernardino City Unified School District for financial
assistance in the amount of $5,000 from Asset Forfeiture funds in support of the
Junior Police Academy at Lytle Creek Elementary School.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; and that the Director
of Finance be authorized to amend the FY 2001/2002 adopted budget and
appropriate $5,000 from the Asset Forfeiture Fund balance to Account No. 108-271-
5505 (Asset Forfeiture Professional/Contractual) to fund the Junior Police Academy
at Lytle Creek Elementary School.
The motion carried, and Resolution No. 2002-77 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
6
03/04/2002
19. Public hearing - resolution imposing liens on certain parcels of real property -
uncollected business registration fees
RES. 2002-64 - Resolution of the City of San Bernardino imposing liens on
certain parcels of real property located within the City of San Bernardino for
uncollected business registration fees.
Mayor Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; that the City Clerk be
directed to administratively remove any properties from Exhibit A of the staff report
from Rachel Clark dated February 11, 2002, which have been paid prior to the
hearing; and that said resolution be adopted.
The motion carried, and Resolution No. 2002-64 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
20. RES. 2002-65 - Resolution of the Mayor and Common Council of the City of
San Bernardino directing the City Clerk to continue the commencement of each
Mayor and Common Council meeting for the months of May, June and July,
2002, to 1:30 p.m. on the day of said meeting, with the Community
Development Commission meeting to follow thereafter. (Continued from
February 19, 2002)
Lenore Manak, President of the l.eague of Women Voters, 7247 Yarnell Road,
Highland, CA, stated that citizens should be given the opportunity to speak before
the Council, and indicated that she supported approval of the resolution.
Concerns were raised as to the added cost and staff availability after normal working
hours; however, it was the consensus of the Council that by having evening
meetings, members of the public would be able to attend without having to use
valuable vacation time.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted; and that public
comments be taken no later than 9 p.m.
The motion carried, and Resolution No. 2002-65 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, Derry, Anderson,
McCammack. Nays: Council Members/Commissioners McGinnis, Suarez. Absent:
None.
7
03/04/2002
21. RES. 2002-78 - Resolution of the City of San Bernardino authorizing and
directing execution of an amendment to grant of easement documents for
Southern California Edison Company across City-owned property located
between 4th Street and 5th Street, east of the Lytle Creek Flood Control Channel
(Nunez Park). (Continued from February 19, 2002)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-78 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
22. RES. 2002-76 - Resolution of the City of San Bernardino approving a Side
Letter to Resolution 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 February 19, 2002) (See related Agenda Item Nos.
16 & 17 - pages 5 & 6)
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-76 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
23. RES. 2002-79 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the first amendment to the Waste Disposal
Agreement between the County of San Bernardino and the City of San
Bernardino. (Continued from February 19, 2002)
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2002-79 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. Request to continue to June 3, 2002 - Resolution approving Final Map for
Tentative Tract No. 14112 - located northeasterly of the intersection of Foothill
Drive & Sterling Avenue (Continued from December 3,2001)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that the Final Map for Tentative Tract No. 14112
be continued to the Council/Commission meeting of June 3, 2002.
8
03104/2002
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
Note: Agenda Item Nos. 25, 26, 27, and 28 were discussed simultaneously.
25. Request from Tobacco Use Reduction Now (TURN) for the City to amend the
Municipal Code related to smoking (Continued from February 4, 2002) (See
related Agenda Item Nos. 26, 27, & 28 - pages 9, 10 & 11)
Mayor Valles thanked the members of TURN for the information they provided to
the City and noted that several items could be implemented by executive order;
specifically, the use of tobacco products prohibited in all City vehicles, personnel
who wish to smoke outside enclosed facilities, the availability of ashtrays and trash
receptacles, and smoking 20 feet from all entrances and exits of City facilities.
Gil Navarro, Chairman of the Mexican American Political Association (MAPA),
P. O. Box 1396, San Bernardino, CA, stated that the amendment is proactive in
making San Bernardino a healthier community.
Ventura Gutierrez, 988 N. Mt. Vernon, San Bernardino, CA, stated that he found
it strange that the main objection to the smoking ordinance has been that it might
conflict with State law. He asked if there had been any formal complaints or court
injunctions filed by hotel or motel owners since the ordinance was approved in 1994.
Mr. Gutierrez stated that if the smoking ordinance were repealed, it would exclude
issues such as smoking in hotel lobbies.
Ralph Affaitati, President of the San Bernardino Area Chamber of Commerce, 393
W. Athol Street, San Bernardino, CA, stated that he supported no smoking within 25
feet of playgrounds or tot lots, which is stricter than State law. Mr. Affaitati stated
that business owners would be urged to follow strict smoking guidelines.
Lynn DilIaman, 255 E. 40th Street, San Bernardino, CA, stated that there was
confusion as to whether bar and restaurant owners were to adhere to City law or
State law. She indicated that she felt the City should repeal the old, confusing and
unenforceable ordinance and pass an updated, child-friendly ordinance.
Patrick Kude\l, American Lung Association, 441 MacKay Drive, San Bernardino,
CA, stated that they preferred that the City's smoking ordinance be kept on the
books, deleting the parts that are duplicative of State law, or at the very least, retain
the two provisions that differ from State law, and add the provisions under Agenda
Item No. 28 A, B, and C. Mr. Kudell stated that one of the provisions that would
be lost by repealing the City ordinance, would be the one that limits the number of
smoking rooms in a hotel to 35 percent and prohibits smoking in hotellobbies. He
indicated he supported denial of Agenda Item No. 27.
9
03/04/2002
Tim Prince, 290 N. "D" Street, #807, San Bernardino, CA, stated that in
addressing this issue it was important to put the City's image in the forefront. Mr.
Prince stated that the City's ordinance addresses smoking in enclosed public
buildings that mayor may not be work places, such as hotel lobbies and elevators.
He indicated he supported keeping the current ordinance on the books,
supplementing it as necessary.
Joseph Luna, 420 W. "N" Street, Colton, CA, spoke against tobacco use and
requested that the current ordinance not be repealed.
Council Member/Commissioner McCammack 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, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
26. RES. 2002-80 - 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. (Continued from February 4,
2002) (See related Agenda Item Nos. 25, 27, & 28 - pages 9, 10 & 11)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-80 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson, McCammack.
Nays: Council Member/Commissioner McGinnis. Absent: None.
27. An Ordinance of the City of San Bernardino repealing Chapter 8.72 of the San
Bernardino Municipal Code relating to smoking. FIRST READING (Continued
from February 4,2002) (See related Agenda Item Nos. 25, 26, & 28 - pages 9, 10
& 11)
GiI Navarro, Chairman of the Mexican American Political Association (MAPA),
P. O. Box 1396, San Bernardino, CA, requested that the ordinance be tabled rather
than repealed.
Dr. Eric Frykman, San Bernardino County Health Department, encouraged the
City Council to think about the public's health and protecting the children.
Tim Prince, 290 N. "0" Street, #807, San Bernardino, CA, stated that the public
was misled that there were only two differences with the current ordinance versus
State law. He stated that the language used in the current ordinance bans smoking in
all enclosed public places, and if that location doesn't happen to be a place of
employment with five or more people, it will not be protected.
10
03/04/2002
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption in order to substitute Chapter 8.73.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: Council
Member/Commissioner McGinnis. Absent: none.
28. Ordinances - adding Chapter 8.73 relating to smoking within twenty-five feet of
playgrounds or tot lot sandbox areas - Section 8.73.030 relating to the sale of
tobacco products through self service displays - Section 8.73.040 relating to
smoking in outdoor recreation areas, sports centers, & sport facilities (See
related Agenda Item Nos. 25, 26, & 27 - pages 9 & 10)
An Ordinance of the City of San Bernardino adding Chapter 8.73 relating to
smoking within twenty-five feet of playgrounds or tot lot sandbox areas. FIRST
READING (28A)
City Clerk Clark stated that the language, "to the San Bernardino Municipal Code"
had been inadvertently omitted from the title of the ordinance and should be added.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be laid over for final adoption,
as amended.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, Derry, Suarez, Anderson, McCammack. Nays: Council
Member/Commissioner McGinnis. Absent: None.
An Ordinance of the City of San Bernardino adding Section 8.73.030 to the San
Bernardino Municipal Code relating to the sale of tobacco products through self
service displays. FIRST READING (28B)
It was the consensus of the Council that smoke shops should be exempt from the
ordinance.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said ordinance be laid over for final
adoption, adding Section ID, "This section shall not apply to any retail or wholesale
tobacco shop meaning any business establishment the main purpose of which is the
sale of tobacco products, including, but not limited to, cigars, pipe tobacco, and
smoking accessories. "
The motion carried by the following vote:
Estrada, Lien, McGinnis, Derry, Suarez,
Absent: None.
Ayes: Council Members/Commissioners
Anderson, McCammack. Nays: None.
11
03/04/2002
An Ordinance of the City of San Bernardino adding Section 8.73.040 to the San
Bernardino Municipal Code relating to smoking in outdoor recreation areas,
sports centers, and sports facilities. FIRST READING (28C)
It was the consensus of the Council that there should be a separation between
privately-owned versus publicly-owned facilities as was provided by the City
Attorney's Office, as follows:
"C. Publicly owned outdoor athletic recreation areas, sports centers and
sports facilities shall designate one or more areas in which the general
public is not prohibited from smoking.
D. Privately owned athletic recreation areas, sports centers and sports
facilities, or publicly owned athletic recreation areas, sports centers
and sports facilities that are leased by a private entity for any term
greater than one year, may designate one or more areas in which the
general public is not prohibited from smoking."
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner McGinnis, that said ordinance be laid over for final
adoption, as amended and submitted to the Mayor and Common Council by the City
Attorney's Office.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
29. League of California Cities Legislative Task Force Update
Council Member/Commissioner Lien stated that she provided a written report to the
members of the Council. No action was taken.
30. Ordinance of the City of San Bernardino amending Chapter 10.52 of the San
Bernardino Municipal Code to establish a forty-five mile per hour speed limit
on Palm Avenue between Kendall Drive and Belmont Avenue. FIRST
READING
Council Member/Commissioner Anderson 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:
Estrada, Lien, McGinnis, Derry, Suarez,
Absent: None.
Ayes: Council Members/Commissioners
Anderson, McCammack. Nays: None.
12
03/0412002
Recess Meeting
At 12:23 p.m., Mayor/Chairman Valles recessed the Council/Commission meeting to 2
p.m. in the Council Chambers of City Hall.
Note: The Council/Commission reconvened at 2:09 p.m., at which time the remaining City
items were discussed.
31. 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.
Scottsdale Insurance Company v. Sherry Wilson, et al. - San Bernardino
Superior Court Case No. SCVSS 086104.
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.
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 Governnlent 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:
HUB Properties
Negotiating Parties:
Gary Van Osdel for the Redevelopment Agency
13
03/04/2002
0281-081-01
0281-081-02
0281-081-03
0281-081-04
0281-081-05
0281-082-05
0281-082-06
0281-082-07
0281-082-08
0281-082-09
0281-082-10
0281-082-11
0281-082-12
0281-082-13
0281-082-14
0281-082-15
0281-082-16
0281-082-17
0281-082-26
0281-082-27
0281-082-28
0281-082-29
0281-082-30
0281-082-32
0281-082-33
0281-082-34
0281-082-35
0281-082-36
0281-082-37
0281-082-38
0281-082-39
0281-082-40
0281-082-41
0281-082-55
0281-082-57
0281-083-01
0281-083-02
0281-083-04
0281-083-05
0281-083-06
0281-083-07
0281-083-08
0281-083-09
0281-083-10
0281-083-11
0281-083-12
0281-083-13
0281-083-14
0281-083-15
0281-083-16
and
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
Alta J.Moffitt
Charles L. Brown
Elisa L. Gurrola & Evange1ina 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
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, rnc
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.
14
03/04/2002
0281-083-17
0281-083-18
0281-083-20
0281-091-39
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.
Under Negotiation:
Purchase terms & conditions
City Attorney Penman announced that the following additional case would be
discussed in closed session:
Under 31A, Conference with legal counsel, existing litigation pursuant to
Government Code Section 54956.9(a):
Jonathan Smith v. City of San Bernardino, et al. - United States District Court
Case No. CV 98-1990- GAF (CTx).
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 4:43 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, l.ien, 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.
R32. Appointment - Mobile Home Board Members (Continued from February 19,
2002)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council appoint:
three (3) regular board members, two (2) alternate board members, and reappoint
two existing members, as noted in Attachment 1 to the staff report from Maggie
Pacheco, dated February 7, 2002, for the Mobile Home Board as required by
Ordinance No. MC-726.
The motion carried by the following vote:
Estrada, Lien, McGinnis, Derry, Suarez,
Absent: None.
Ayes: Council Members/Commissioners
Anderson, McCammack. Nays: None.
15
03/04/2002
R33. RES. CDC/2002-12 - A Resolution of the Community Development Commission
of the City of San Bernardino approving and authorizing the Executive Director
to execute Amendment No.3 to Disposition and Development Agreement by and
between Redevelopment Agency of the Cit~. of San Bernardino and Hi-Way
Auto Recyclers, LLC.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. CDC/2002-12 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R34. Joint Powers Financing Authority Subordinate Tax Allocation Bond Series
2002A
A Resolution of the San Bernardino Joint Powers Financing Authority
authorizing the issuance of San Bernardino Joint Powers Financing Authority
Subordinated Tax Allocation Bonds, Series 2002A in a total aggregate principal
amount not to exceed $14,000,000, approving the form of certain legal
documents related thereto and authorizing and directing their preparation,
execution and delivery. (R34A)
A Resolution of the Community Development Commission of the City of San
Bernardino authorizing on behalf of the Redevelopment Agency of the City of
San Bernardino, the borrowing of funds from the San Bernardino Joint Powers
Financing Authority in a total aggregate principal amount of not to exceed
$14,000,000, authorizing the form of certain legal documents related thereto
and authorizing and directing their preparation, execution and delivery.
(R34B)
A Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing the borrowing by the Redevelopment Agency of the City of San
Bernardino from the San Bernardino Joint Powers Financing Authority in a
total aggregate principal amount of not to exceed $14,000,000, authorizing the
form of certain legal documents related thereto and authorizing and directing
their preparation, execution and delivery. (R34C)
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be tabled.
The motion carried by the following vote:
Estrada, Lien, McGinnis, Derry, Suarez,
Absent: None.
Ayes: Council Members/Commissioners
Anderson, McCammack. Nays: None.
16
03/04/2002
35. Public Comments
Bob Lien, resident of San Bernardino, asked that the Council not accept this year's
recommendations from the Community Development Citizens Advisory Committee
of which he is the Second Ward representative. He stated that upon attending the
February 20 meeting he was informed that he could not vote because he had missed
the deliberations of the previous day. Mr. Lien questioned whether this was a new
City-wide policy, and, if not, he suggested that the decision to preclude him from
voting should be examined and rescinded.
Senior Assistant City Attorney Carlyle responded to Mr. Lien's concern by stating
that in order to protect the integrity of the recommendation process, the Committee
voted not to let Mr. Lien vote since he did not see the presentations and did not
listen to the tape, but otherwise welcomed his participation.
City Attorney Penman suggested that an ordinance relative to procedural rules could
be submitted to the Legislative Review Committee that would apply to all
commissions.
RS1. Joint Powers Financing Authority Subordinate Tax Allocation Bond Series
2002A
RES. J-51 - A Resolution of the San Bernardino Joint Powers Financing
Authority authorizing the issuance of San Bernardino Joint Powers Financing
Authority Subordinated Tax Allocation Refunding Bonds, Series 2002A in a
total aggregate principal amount not to exceed $33,000,000, approving the form
of certain legal documents related thereto and authorizing and directing their
preparation, execution and delivery. (RSIA)
RES. CDC/2002-13 - A Resolution of the Community Development Commission
of the City of San Bernardino authorizing on behalf of the Redevelopment
Agency of the City of San Bernardino, the borrowing of funds from the San
Bernardino Joint Powers Financing Authority in a total aggregate principal
amount of not to exceed $33,000,000, authorizing the form of certain legal
documents related thereto aud authorizing and directing their preparation,
execution and delivery. (RSIB)
RES. 2002-81 - A Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the borrowing by the Redevelopment Agency of the
City of San Bernardino from the San Bernardino Joint Powers Financing
Authority in a total aggregate principal amount of not to exceed $33,000,000,
authorizing the form of certain legal documents related thereto and authorizing
and directing their preparation, execution and delivery. (RSIC)
Note: No staff report was submitted with the backup material.
17
03104/2002
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions A-C, be adopted; and that the
Community Development Commission approve the staff recommendations for the
prioritization of the use of the bond proceeds for the proposed Subordinate Tax
Allocation Bond, Series 2002A.
The motion carried, and Joint Powers Financing Authority Resolution No. J-51,
Community Development Commission Resolution No. CDC/2002-13, and Mayor
and Common Council Resolution No. 2002-81 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
36. Adjournment
The meeting adjourned at 5:33 p.m. The next joint regular meeting of the Mayor
and Common Council and Community Development Commission is scheduled for 8
a.m., Monday, March 18, 2002, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
BY~~h~ )
Lmda Sutherland
Deputy City Clerk
No. of Items: 37
No. of Hours: 7.6
18
03/04/2002