HomeMy WebLinkAbout03-18-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 18, 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 8:10 a.m., Monday, March 18, 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/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Sections:
A. Conference with legal counsel - eXlstmg 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;
James L. Mahan, Jr. v. City of San Bernardino - Workers Compensation
Appeals Board Case Nos. SBR 0268092 and SBR 0275419;
Richard Jimenez and Eloisa Bravo Jimenez v. City of San Bernardino, et
al. - United States District Court Case No. EDCV 97-00086 RT (CR);
Candice Dick v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 02-158 VAP SGLx.
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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 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:
101 E. Redlands Boulevard
Negotiating Parties:
Gary Van Osdel on behalf of the
Economic Development Agency and
Jim Walter on behalf of LaMesa RV
Under Negotiation:
Purchase terms & conditions
2.
Property Address:
16'h & California Streets
Negotiating Parties:
Maggie Pacheco on behalf of the
Economic Development Agency and
Michael Aulecino, Century Homes,
for Arrow Vista Housing
Development Phase II - Northwest
Redevelopment Project Area
Under Negotiation:
Purchase terms & conditions
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3.
Property Address:
Negotiating Parties:
Under Negotiation:
4.
Property Address:
Negotiating Parties:
750-752 West 4th Street
Maggie Pacheco on behalf of the
Economic Development Agency and
Burnett Realty for TELACU Senior
Housing Project - Central City
North Redevelopment Project Area
Purchase terms & conditions
HUB Properties
Gary Van Osdel for the Redevelopment Agency
and
Cecilia Moreno
Cecilia Moreno
Cecilia Moreno
Janice S. Casey
Gina Ramirez
Gerry C. Politano & Lea G. Politano
Cruz A vila & Leonor A vila
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 1.. Brown
Elisa 1.. Gurrola & Evangelina 1.. 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
0281-081-01
0281-081-02
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0281-082-38
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0281-082-55
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0281-083-01
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0281-083-15
0281-083-16
0281-083-17
0281-083-18
0281-083-20
0281-091-39
Under Negotiation:
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:
City of San Bernardino Hotel/Motel Association v. City of San
Bernardino - Superior Court Case No. SCV 46722 and Fourth District
Court of Appeals Case No. E25364; and
Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Property Address:
Negotiating Parties:
Under Negotiation:
1520 West Baseline
Gary Van Osdel on behalf of the Economic
Development Agency and Chase Manhattan
Mortgage Bank for the property owner
Purchase terms & conditions
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Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Elder J. L. Ward of Trinity Mission Church of God In
Christ, followed by the pledge of allegiance, led by Council Member Derry.
2. Appointments - Rabbi Hillel Cohn & Carl Clemons - Human
Relations Commission - Mayor Valles
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that the appointment of Rabbi Hillel Cohn and
the re-appointment of Carl Clemons to the Human Relations Commission, as
requested by Mayor Valles, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
3. Presentations & Service Pin Awards
Mayor Valles presented a resolution of recognition and commendation to the
County Registrar of Voters, Ingrid Gonzales, who will be retiring on March 22.
Mayor Valles presented a certificate of appreciation to representatives of CBS
Payroll in recognition of their contributions in working with the City's Finance
Department to successfully implement last summer's Utility Users Tax Rebate
Program, in which rebates totaling $1.3 million were processed. John Burke,
Executive Vice President of Financial Services; Ray Duke, Inland Empire Sales
Manager; and Jeff Jones, Technical Support Representative, accepted the
certificate on behalf of CBS Payroll.
A proclamation declaring the month of March as Red Cross Month was accepted
by Steve Johnson, Chapter Chairman.
Garrett Zimmon, Chief of Police, presented a plaque to Arun Parmar, General
Manager of the Inland Center Mall, in appreciation for designating space in the
mall for the Police Department to establish the Team E Community Service
Center.
A proclamation designating the week of April 1-7, 2002, as Community
Development Grant Week was accepted by Gary Van Osdel, Executive Director
of the Economic Development Agency.
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Teri Rubi, Executive Assistant to the Mayor. read the names of the following
individuals who were presented a service pin award by Mayor Valles in
recognition of their many years of dedicated service to the City:
Name
Brian Demulling
Kenneth Moseley
William Peterson
Larry Pitzer
Jason Serrano
Marcia Baker
Richard Taack
Neil Creager
Department
Fire
Fire
Fire
Fire
Fire
Library
Police
Parks, Recreation &
Community Services
Years of Service
20
20
30
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5
25
30
20
Norm King of San Bernardino Associated Governments (SANBAG) gave a
presentation regarding Measure I, a twenty-year measure adopted by the voters
in November 1989, which is a major source of transportation funding for the
City. He distributed a document titled, Measure I: Working for the City of San
Bernardino.
4. Announcements
Mayor Valles asked for a moment of silence in memory of former Police Chief
Louis Fortuna, Jr., who passed away over the weekend. Mr. Fortuna was a
member of the City's Police Department for 26 years, serving as chief from
1965 to 1973.
Announcements were made by the Mayor and 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 Suarez made a motion, seconded by Council
Member/Commissioner Anderson, 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, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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6. Council Minutes
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the minutes of the following meetings of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: January
7,2002; January 22,2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated March 5,
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.
8. Personnel Actions
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the personnel actions as submitted by the
Chief Examiner dated March 13, 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.
9. Ordinances of the City of San Bernardino (A) adding Chapter 8.73 relating
to the sale of tobacco products through self service displays, and (B) adding
Section 8.73.040 relating to smoking in outdoor recreation areas, sports
centers and sport facilities
ORD. MC-1118 - An Ordinance of the City of San Bernardino adding
Section 8.73.030 to the San Bernardiuo Municipal Code relating to the sale
of tobacco products through self service displays. FINAL READING (9A)
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ORD. MC-I119 - 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. FINAL
READING (9B)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said ordinances be adopted.
Ordinance Nos. MC-11l8 and MC-1119 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
10. Set luncheon workshop - April 15, 2002 at 12 noon - EDA Boardroom -
presentation by Richard Hall on California Reading and Literacy
Improvemeut and Public Library Construction and Renovation Bond Act
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that a luncheon workshop be set for Monday,
April 15, 2002, at 12 noon in the Economic Development Agency Boardroom
for a presentation by Richard Hall, Library Bond Act Manager of the Office of
Library Construction, California State Library.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
11. ORD MC-1120 - Ordinance of the Cit)- 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. FINAL READING
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said ordinance be adopted.
Ordinance No. MC-1120 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, l.ien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
12. RES. 2002-82 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Fischer Plumbing, for ADA
access ramps at various locations, per Plan No. 10356.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
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Resolution No. 2002-82 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Imac Construction Inc., for construction
of new restroom facilities at Perris Hill Park and Kerwin Field
(Meadowbrook South), per Plan No. 10355.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be continued to the
Council/Commission meeting of April I, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
14. RES. 2002-89 - Resolution of the Mayor and Common Couucil of the City
of San Bernardino ratifying the submittal of a grant application for
Nonpoint Source Pollution Control Program funds for the construction of
Vision Creek Project.
Council Member/Commissioner Estrada expressed concern that this item is tied
to the Lakes and Streams Project-a project that has radically changed from its
first inception.
Council Member/Commissioner McCammack expressed concern regarding the
grant match, stating that there are currently many projects on the front burner
which require matching funds.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2002-89 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: Council Member/Cornnlissioner Estrada. Absent: None.
15. Item Deleted.
16. RES. 2002-83 - Resolution of the City of San Bernardino authorizing the
execution of a License Agreement with Inland Empire Auto Center
Association for installation of electronic reader board in the street right-of-
way in the median of Auto Center Drive and Camino Real.
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Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-83 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
17. RES. 2002-84 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to increase the
purchase order to Exp@nets for the provision of repairs and maintenance to
the City's NEC telephone systems services for the Facilities Management
Department.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-84 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18. RES. 2002-90 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the execution of a contract with and issuance of a
purchase order to Western Allied Service Company, for the energy efficient
installation of a pony chiller at City Hall, 300 North D Street, in San
Bernardino.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-90 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
19. RES. 2002-91 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of a grant application to the
Federal Emergency Management AgenC}' (FEMA) in the amount of
$105,728.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-91 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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20. Item Deleted.
21. RES. 2002-85 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a piggyback purchase order
to Eberhard Equipment for furnishing and delivery of one (1) Fermec
tractor loader to be utilized by the Parks and Recreation Department.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-85 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
22. RES. 2002-86 - Resolution of the City of San Bernardino authorizing
submittal of 2002/2003 Used Oil Recycling Block Grant application for
grant funds from the California Integrated Waste Management Board.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-86 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
23. Authorize release of Request for Proposal to design a Liquitied Natural
Gas/Liquified to Compressed Natural Gas (LNG/LCNG) fueling station at
San Bernardino City Yard
Council Member/Commissioner Estrada inquired whether any other site had
been located or considered for the fueling station.
City Administrator Wilson answered that a piece of property north of the
baseball stadium appears to be a viable site and staff will be investigating this
further.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize
the release of the Request for Proposal to design a Liquefied Natural
Gas/Liquified to Compressed Natural Gas (LNG/LCNG) fueling station at San
Bernardino City Yard.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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24. Authorize submittal of grant application - Carl Moyer Memorial Air
Quality Standards Attainment Program - estimated amount of $560,000
Council Member/Commissioner Suarez 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, l.ien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
25. RES. 2002-87 - Resolution of the City of San Bernardino authorizing the
extension of the rental agreement between the City and Nixon-Egli
Equipment Company for a pavement grinding machine utilized by the
Public Services Street Division for roadwa)' pavement rehabilitation repairs
and maintenance.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted; that the
Director of Finance be authorized to amend the FY 2001/2002 budget
appropriating $36,700 from the undesignated/unreserved AB2928 Traffic
Congestion Fund balance to Account No. 135-378-5171 (Equipment Rental in
the AB 2928 Fund); and that the Purchasing Manager be authorized to increase
the purchase order to Nixon-Egli Equipment Company by $36,635, charged to
Account No. 135-378-5171, from $24,725 to $61,360.
The motion carried and Resolution No. 2002-87 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
26. Mid-year budget review - Fiscal Year 200112002
Council Member/Commissioner Estrada expressed concern that the mid-year
budget review was being done so late, thereby precluding the Council from
doing any reappropriation of funds before April or May, if they so desired. She
also thought that the entire Council should be briefed on the mid-year budget--
not just the Ways and Means Committee.
Council Member/Commissioner McCammack advised that Barbara Pachon,
Director of Finance, has actually been providing quarterly updates to the Ways
and Means Committee, and possibly the Council as a whole might decide they
also need quarterly workshops.
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City Administrator Wilson stated that it would probably be worthwhile to do a
workshop for the entire Council between now and the end of the year because
there are a number of budget issues coming up-state budget issues, issues
between the City and the Agency, and some joint funding projects. He stated he
would work with the Council office to set something up.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Fiscal Year 2001/2002 Mid-year
Budget Report be received and filed.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
27. RES. 2002-92 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Lease Agreement between
the City and the New Hope Missionary Church for rental of space for the
Westside Community Service Center.
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 200112002 adopted budget
and appropriate $17,700 from the undesignated/unreserved General Fund
balance to fund the Parks and Recreation Department's lease costs for the
Westside Community Center (Account No. 001-385-5505).
The motion carried and Resolution No. 2002-92 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
28. Public hearing - Redistricting of Council Ward Boundaries - Ordinance
amending Chapter 1.16 of the San Bernardino Municipal Code
Ordinance of the City of San Bernardino amending Chapter 1.16 of the San
Bernardino Municipal Code and reestablishing the boundaries of the seven
wards of the City of San Bernardino. FIRST READING
Mayor Valles opened the hearing.
City Clerk Clark provided background information on the formation of the
Redistricting Task Force. She noted that based on the 2000 Census, the city of
San Bernardino has a total population of 185,272; therefore, the optimum
population for each of the seven wards would he 26,467.
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Ruth Parish, OA/GIS Systems Administrator, explained the process used to
accomplish the redistricting task. She advised that the task force tried to keep
three items in mind during the redistricting process: 1) equal population of the
wards; 2) use of the most obvious physical boundaries within the city; and 3)
keeping neighborhoods intact, rather than dividing them, if at all possible.
City Attorney Penman pointed out that, unlike years past, the City is prohibited
from using factors of race or ethnicity in the redistricting process.
Council Member/Commissioner Estrada stated that she understood the law
relative to equal division of population. She expressed concern, however, that
some of the wards have pockets of immigrants who are not registered voters and
do not participate in the voting process. This would result in a person being
elected by very few voters and the possibility of one ward having more political
clout than another.
A question arose regarding the legality of dividing or splitting census blocks.
City Attorney Penman advised that census blocks are the smallest units for
which there are census figures, and to divide them could result in a challenge.
Mr. Penman distributed a legal opinion written in 1981 by his predecessor,
Ralph Prince, regarding redistricting. He advised that, just as Mr. Prince had
stated in 1981, the City could not stand a legal challenge today on this issue, and
he did not recommend breaking up census blocks.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
Jim Mulvihill and Walter Hawkins that they would provide true and honest
testimony.
Jim Mulvihill, 407 West 25th Street, San Bernardino, CA, stated he was angry
that there had been no public discussion or input, and also that the proposed
redistricting moved him out of the Seventh Ward by one block-an action he
believed was deliberate in order to eliminate him as a potential opponent in the
2003 election.
Mr. Mulvihill advised that he had been asked to make statements on behalf of
Freddy Spellacy of Spellacy & Associates Realtors, Inc., and the Reverend
Kendall Baker of United Church of Christ and founding member of Inland
Congregations United for Change, who felt this was a matter of great
importance, which required public comment and input. Mr. Mulvihill requested
that the matter be held over to allow public input and to look more closely at the
proposed boundaries.
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3/18/2002
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Derry, that the hearing be closed; that the changes to
boundaries for the seven council wards be approved as presented by the
Redistricting Task Force on March 18, 2002, and that said ordinance be laid
over for final adoption.
The motion failed by the following vote: Ayes: Council Members Derry,
Anderson, McCammack. Nays: Council Members Estrada, Lien, McGinnis,
Suarez. Absent: None.
Discussion ensued regarding the merits of continuing the matter for the purpose
of public input, with the Council being divided on the issue. City Attorney
Penman pointed out that two readings of all ordinances are required, which
basically ensures that public input is considered.
Walter Hawkins of the Westside Action Group, 5822 West Olive, Rialto, CA,
stated that he, too, felt the matter should be continued in order to ensure public
input. He added that for every other jurisdiction, including the state and the
county, this was a very open process with public participation. He made a
formal request for the current information, to include not only the maps, but the
underlying data, so it could be shared with the community prior to the next
reading of the ordinance.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Lien, that the matter be continued to April 1, 2002, to
allow staff time to schedule an evening meeting to present to the public the
process used to determine the proposed ward boundaries and to receive public
input/comments.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
(Note: The meeting was scheduled for 7 p.m., Wednesday, March 27,2002, in
the Council Chambers of City Hall.)
29. ORD. MC-1121 - An Ordinance of the City of San Bernardino repealing
Chapter 8.72 of the San Bernardino Municipal Code relating to smoking.
FINAL READING
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said ordinance be adopted.
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Ordinance No. MC-1121 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: Council Member/Commissioner McGinnis. Absent:
None.
30. ORD. MC-1122 - An ordinance of the City of San Bernardino adding
Chapter 8.73 to the San Bernardino Municipal Code relating to smoking
within twenty-five feet of playgrounds or tot lot sandbox areas. FINAL
READING
City Administrator Wilson advised that a policy was being drafted relative to
smoking in City vehicles, on City Hall balconies, etc.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be adopted.
Ordinance No. MC-1122 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: Council Member/Commissioner McGinnis. Absent:
None.
31. Public hearing - Development Code Amendment to clarify definitions of
hotels and motels and to establish/define extended lodging facilities -
Conditional Use Permit to establish an Extended Lodging Facility -
Tentative Parcel Map to subdivide one parcel into two parcels
An ordinance of the City of San Bernardino amending Section 19.02.050
(Definitions) and Chapter 19.06 (Commercial Districts) Section 19.06.020,
Table 06.01 (permitted Uses), Table 06.03 (Specific Standards), and Section
19.06.030 (Development Standards) of the San Bernardino Municipal Code
(Development Code) to modify text related to definitions, requirements and
standards for hotels, motels, and extended lodgiug facilities. FIRST
READING
Mayor Valles opened the hearing.
City Planner Valerie Ross provided an overview of the staff report, reviewing
the proposed definitions of motel, hotel, and extended lodging facility, and the
established standards for all three uses. She pointed out that for hotels and
motels, stays up to 14 days are allowed; for extended lodging facilities, stays up
to 30 days are allowed. Ms. Ross advised that current hotels and motels would
not be allowed to convert to extended lodging units.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide true and honest testimony:
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Attorney Mark Ostoich, 600 North Arrowhead Avenue, San Bernardino, CA,
stated that Extended Stay America (ESA) had been working with the City on
this project for several months; however, there were still three unresolved
issues, which would be explained by Mr. Taylor of ESA.
Allyn Taylor, Director of Real Estate for Extended Stay America, 8407 Cross
Country Drive, Humble, TX, stated that ESA was incorporated in 1995 and is
now the fourth largest operator of hotels in the country. He advised that ESA
facilities are built around the needs of the business traveler-a hybrid of a
typical hotel and an apartment-with three weeks being the average stay,
although a very small percentage stay longer than 30 days.
Mr. Taylor advised that the following three items had not yet been resolved
between the City and ESA:
1. A condition that imposes a pool, sauna, or fitness room facility. He
stated that the company was prepared to compromise on that condition.
2. The requirement for a 24-hour, on-site manager. He advised that
although they do not have a manager on site 24 hours per day, there is a
night attendant that is available for emergencies and late check-ins. He
stated that it is not customary for hotels to have a 24-hour manager-that
what you do have is front-desk personnel. He noted that this was a
critical issue for them.
3. The 30-day limitation on length of stay. Mr. Taylor stated that they
cannot be in a position where they would have to tell certain guests that
they must check out of the hotel; however, ESA had offered compromise
language on this item. The suggested compromise language was, "No
more than 30 percent of our guests could stay beyond 30 days."
City Attorney Penman advised that initially his office had concerns regarding
this proposal; however, after investigating further they were impressed with the
way ESA runs its facilities. Even so, the two requirements for a 24-hour, on-
site manager and stays of 30 days or less were the conditions which allowed the
City to feel safe about this project.
He acknowledged that staff was not really concerned with the present developer,
but rather what would happen if they over-extended themselves, or could not
draw the clientele they wanted, and then decided to sell the facility to someone
else. He pointed out that in San Bernardino, over the past several years, a big
focus has been on the enforcement and prosecution of violations of the City's
Municipal Code and Development Code relative to the many apartments in the
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city; and if this facility should be sold in the future, it very likely would be
converted to apartments.
Mr. Penman stated that from both a law enforcement and code enforcement
standpoint, it is important that a responsible person be on site at all times, even
if ESA did not want to call them a manager. He pointed out that currently,
according to the Municipal Code, hotels and motels have a two-week stay limit,
and 30 days is actually an expansion of that limit. He stated that neither the
Planning Commission or his office had a problem with the 30-day limit, but they
did not want to create a new category of sub-apartment or super motel, but truly
an extended stay facility.
Mr. Penman also stated that if the City grants ESA' s request for stays longer
than 30 days, they would not be paying a Transient Occupancy Tax (TOT), a
tax which was voted in by the residents of San Bernardino.
Attorney Ostoich asked Mr. Penman if the transient lodging tax currently
applies to stays of 30 days or 90 days. Mr. Penman replied that it is presently
90 days.
Council Member McGinnis expressed concern with the possibility that the
facility could be sold to someone else and ultimately end up like so many other
properties-converted into apartments.
Council Member Anderson stated she could not support the project without a
24-hour, on-site manager.
Council Member Lien stated she was impressed that ESA had chosen to go into
the strongest commercial area in town, paying a premium dollar amount for the
property, which is surrounded by development and is not a blighted area. She
stated that location is the number one reason this will be market driven and
successful with the business clientele that ESA specializes in hosting.
Council Member McCammack had additional questions regarding the 30-day
stay limit. She thought that allowing 30 percent of the guests to stay beyond 30
days was unreasonable relative to the concerns the City had expressed.
However, she did think it would be acceptable to substitute another word for
manager, as long as someone on site was responsible.
Mr. Ostoich stated that within a large company the term "manager" has a
specific meaning. Although their night staff are qualified and responsible, they
are not managers within ESA's definition of manager. He stated their only
concern was that they didn't want to call somebody a manager just to satisfy the
City, when in fact they are not a manager within the company's definition.
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City Attorney Penman asked whether the term "designated on-site supervisor"
would be acceptable, and Mr. Ostoich answered in the affirmative.
Mr. Penman pointed out that this is a development code amendment which is
good for everybody-not just ESA. He advised that the City has to look at the
worst case scenario down the road-that it would be impossible as well as illegal
to try and cater it just to ESA.
Mr. Ostoich asked Mr. Penman whether there would be a way in the ordinance
wherein the City could provide definitionally that an extended stay is 30 days or
less, unless extended by the Council in the applicable conditional use permit-
basically, a mechanism that would allow the City to make an exception for a
large, qualified hotel operator, but would not require the City to make that
exception for everybody applying for that use. He also assured the Council that
ESA had every intention of collecting Transient Occupancy Tax, and if there
were any problems they would be more than willing to enter into an agreement
with the City that would ensure that the City would get the TOT.
Although City staff and ESA representatives believed it would be possible to
work out a compromise satisfactory to both parties, the ESA representatives
were waiting to receive data from their corporate office and requested a
continuance.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of April 1,2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
32. Authorization to join amicus curiae brief - case of Harvest Church v. City of
Concord
Council Member/Commissioner Suarez 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
Harvest Church v. City of Concord.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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33. RES. 2002-93 - A Resolution of the Mayor and Common Council of the City
of San Bernardino supporting AB 2022 (Longville) - Courthouse
Construction funding.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-93 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
34. RES. 2002-88 - Resolution of the Mayor and Common Council of the City
of San Bernardino in support of Assembly Bill 2863 - Housing Element
Reform.
Ty Schuiling of San Bernardino Associated Governments (SAN BAG) gave a
slide presentation regarding the Regional Housing Needs Assessment, a five-
year plan for the production of housing units. which is the basis for the City's
housing element, followed by additional cornnlents and information presented by
City Planner Valerie Ross.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-88 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
35. Request for an Alcoholic Beverage Control Type 41 on-sale beer license for
Ostioneria Colima located at 692 West Fourth Street
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, 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.
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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 3:40 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,
Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle,
Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic
Development Agency Executive Director Van Osdel. Absent: None.
R36. Request to initiate amendment to State College Redevelopment Project Area
to reestablish powers of eminent domain
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council authorize
the initiation of an amendment to the State College Redevelopment Project to
reestablish the power of eminent domain over non-residentially designated
property as described in the staff report from Gary Van Osdel, dated March 7,
2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
37. Public Comments
Bernita Joyner, 2745 Rosarita Street, San Bernardino, CA, an employee with
the San Bernardino Police Department, alleged that she had been the victim of
discrimination within the department.
Mayor Valles confirmed with Ms. Joyner that her case was being reviewed by
the State and advised her to contact Wally Green, Assistant to the Mayor/EEO,
following the meeting.
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38. Adjournment
At 4:43 p.m., the meeting was adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 8 a.m., Monday, April 1,2002, in the Council Chambers of City
Hall, 300 North "D" Street, San Bernardino.
RACHEL G. CLARK
City Clerk
By
t~E,~
Linda E. Hartzel
Deputy City Clerk
No. of Items: 38
No. of Hours: 8
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