HomeMy WebLinkAbout08-06-2001 Minutes
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
AUGUST 6, 2001
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission of the City of San Bernardino was called to order by Mayor
Pro TemlVice Chairwoman Estrada at 8:13 a.m., Monday, August 6, 2001, 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 Pro
Tern/Vice Chairwoman Estrada; Council Members/Commissioners Estrada, Lien,
Schnetz, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark,
City Administrator Wilson. Absent: Council Member/Commissioner McGinnis.
1. Closed Session
Pursuant to Government Code Sections:
A. Conference with legal counsel - eXlstlllg litigation - pursuant to
Government Code Section 54956.9(a):
Stewart D. Cumming, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCV 66744;
Rhami Ghandour v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 70142;
Stubblefield Construction Company, et al. v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 252058.
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.
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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.
Property Address:
Parcel #3 former Norton Air Force Base
Negotiating Parties:
Fred Wilson on behalf of the City of San
Bernardino and John Magness on behalf of
Hillwood Development
Under Negotiation:
Sale/Lease terms & conditions
City Attorney Penman announced that the following additional case would be
discussed in closed session:
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.
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.
Council Member/Commissioner McGinnis Arrived
At 9:04 a.m., Council Member/Commissioner McGinnis arrived at the Council meeting
and took his place at the Council table.
Invocation/Pledge of Allegiance
The invocation was given by Father Barnabas Laubach of St. Bernardine's Medical
Center, followed by the pledge of allegiance, led by members of the various Little
League teams competing in the Western Regional Little League tournament.
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2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
A proclamation declaring August 7,2001, as "National Night Out" in the City
of San Bernardino was accepted by Susan Kitchen of the San Bernardino Area
Chamber of Commerce and Jewel Rabb of Neighborhood Watch.
The quarterly Customer Service Award for the months of April through June
was presented to Debra Bemben, a City library employee. David Gutierrez of
the City Clerk's Office was also recognized and received a Certificate of
Nomination for the Quarterly Customer Service Award.
Mayor Pro Tern Estrada presented a City pin to each of the various Little
League teams participating in the Western Regional Little League tournament
currently taking place in San Bernardino.
The San Bernardino Confidential Management Association awarded two $500
scholarships to children of City employees--one to Laura Silvius, daughter of
Gary Silvius of the City's Finance Department and Cynthia Ludvigsen; the
second to Melanie Nicole Zaharopoulous, daugher of Dawn Alsop of the Police
Department and Gus Zaharopoulous.
City Attorney Penman presented a copy of a check from Stubblefield
Construction Company in the amount of $31,192.07 to Mayor Pro Tern Estrada.
He noted that Stubblefield had been ordered to pay the City $20,000 several
years ago, and this check represented that payment plus interest.
4. Announcements
Announcements were made by Mayor Pro Tern Estrada, members of the
Common Council, elected officials, and the Chamber of Commerce regarding
various civic, community, and chamber events/activities. Mayor Pro Tern
Estrada provided an update on the City's public works projects.
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.
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The motion carried
Members/Commissioners
Anderson, McCarnmack.
by the following vote:
Estrada, Lien, McGinnis,
Nays: None. Absent: None.
6. Council Minutes
Ayes:
Schnetz ,
Council
Suarez,
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, 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: June 4,
2001; June 21, 2001.
The motion carried
Members/Commissioners
Anderson, McCammack.
by the following vote:
Estrada, Lien, McGinnis,
Nays: None. Absent: None.
7. Claims & Payroll
Ayes:
Schuetz,
Council
Suarez,
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the claims and payroll and the authorization
to issue warrants as listed on the memorandum dated August 1, 2001, from
Barbara Pachon, Director of Finance, be approved.
The motion carried
Members/Commissioners
Anderson, McCammack.
by the following vote:
Estrada, Lien, McGinnis,
Nays: None. Absent: None.
8. Personnel Actions
Ayes:
Schnetz,
Council
Suarez,
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the
Chief Examiner dated July 30, 2001, 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
Members/Commissioners
Anderson, McCarnmack.
by the following vote:
Estrada, Lien, McGinnis,
Nays: None. Absent: None.
Ayes:
Schnetz ,
Council
Suarez,
9. Receive & File - Budget Amendments - Approved by Mayor & Common
Council on July 23, 2001
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Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council receive
and file the report.
The motion carried by the following vote:
Members/Commissioners Estrada, Lien, McGinnis,
Anderson, McCarnmack. Nays: None. Absent: None.
Ayes:
Schuetz,
Council
Suarez,
10. Application for Grant Funding - Roberti-Z'berg-Harris Urban Open Space
& Recreation Program - Per Capita Grant Program
RES. 2001-244 - Resolution of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or her designee to apply for grant
funds for the Roberti-Z'berg-Harris Urban Open Space and Recreation
Program under tbe Safe Neighborhood Parks, Clean Water, Clean Air, and
Coastal Protection Bond Act of 2000 (Proposition 12). (lOA)
RES. 2001-245 - Resolution of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or her designee to apply for grant
funds for the Per Capita Grant Program under the Safe Neighborhood
Parks, Clean Water, Clean Air, and Coastal Protection Bond Act of 2000
(Proposition 12). (lOB)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolutions be adopted.
Resolution Nos. 2001-244 and 2001-245 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
11. RES. 2001-246 - Resolution of the City of San Bernardino authorizing the
exercise of the Second Option Year of the contract between the City of San
Bernardino and West Coast Arborists, Inc., for tree trimming services to
extend the contract from October 1, 2001 through September 30, 2002;
increasing the unit pricing to be paid to West Coast Arborists; and approval
of the execution of an annual purchase order to said West Coast Arborists,
Inc.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2001-2002 budget and
transfer $25,000 from Account No. 001-404-5502, Professional/Contractual
Services to Account No. 001-404-5014, Salaries - Temporary/Part-time to
provide funding for temporary tree trimming labor.
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The motion carried and Resolution No. 2001-246 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCarnmack. Nays: None. Absent: None.
12. RES. 2001-247 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an agreement between the City of San
Bernardino and "Salute To The Route" for Civic and Promotion Funding
from the FY 01102 Budget to assist in the conduct of the "Salute To The
Route" event.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-247 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCarnmack. Nays: None. Absent: None.
13. Project Status Report - Ways and Means Committee - Chairman Frank
Schuetz
Council Member/Commissioner Schnetz distributed and reviewed with the
Council a document titled, Ways and Means Committee Update, August 6,
2001.
No formal action was taken on this matter.
14. Public Hearing - Impose Liens - Property Located in the City Of San
Bernardino - for Uncollected Business Registration Fees
RES. 2001-248 - 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 Pro TemlVice Chairwoman Estrada opened the hearing.
No public comments were received.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McCammack, that the hearing be closed; that the City
Clerk be directed to administratively remove any properties from Exhibit A
which have been paid prior to the hearing; and that said resolution be adopted.
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The motion carried and Resolution No. 2001-248 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
15. Public Hearing - Development Code Amendment No. 01-04 - Establish
Commercial Design Guidelines - 40th Street Redevelopment Project Area
An Ordinance of the City of San Bernardino amending Chapter G19.10
(Development Design Guidelines) of the San Bernardino Municipal Code
(Development Code) to add text establishing Commercial Design Guidelines
for the 40th Street Redevelopment Project Area. FIRST READING
Mayor Pro TemlVice Chairwoman Estrada opened the hearing.
City Planner Ross presented pertinent information from the staff report.
No public comments were received.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; the Negative
Declaration be adopted; and that said ordinance be laid over for final adoption.
The motion carried by the following vote:
Members/Commissioners Estrada, Lien, McGinnis,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Schnetz ,
Council
Suarez,
16. An Ordinance of the City of San Bernardino amending Section 8.24.280 of
the San Bernardino Municipal Code relating to violation and penalty of
Chapter 8.24. FIRST READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be laid over for final
adoption and referred to the Legislative Review Committee for review prior to
the second reading.
The motion carried by the following vote:
Members/Commissioners Estrada, Lien, McGinnis,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Schnetz,
Council
Suarez,
Council Member/Commissioner Schnetz requested a copy of Section 8.24 of the
Municipal Code in its entirety.
W.R. Holcomb, 3702 Hemlock, San Bernardino, CA, expressed his support of
the proposed ordinance.
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17. Discussion/Possible Action - Proposed Charter Amendment
Resolution of the City of San Bernardino proposing an amendment to the
Charter of said City relating to salary of Council Member/Commissioners.
(17 A)
Resolution of the City of San Bernardino submitting to the electors a
proposed Charter amendment relating to salary of Council
Member/Commissioners; transmission of the proposed Charter amendment
to the Office of the City Attorney for purposes of preparation of an
Impartial Analysis. (17B)
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolutions be adopted,
with the salary increase to be effective 30 days after the voters' approval.
(Note: There was no vote taken.)
Council Member/Commissioner McCarnmack amended her motion, seconded
by Council Member/Commissioner Anderson, that said resolutions be adopted,
as submitted.
The motion failed by the following vote: Ayes: Council
Members/Commissioners Suarez, Anderson, McCammack. Nays: Council
Member/Commissioners Estrada, Lien, McGinnis, Schnetz. Absent: None.
Gil Navarro, 1440 West Sixth Street, San Bernardino, CA, recommended that
when City Attorney Penman places items on the agenda at the request of other
individuals, that he also note the source of the request. He also stated that he
would like to make a complaint that Council Member/Commissioner Anderson
spoke to three other Council Members/Commissioners about this matter in
violation ofthe Brown Act.
18. League Of California Cities - Legislative Task Force Update
Council Member/Commissioner Lien presented an update on the activities of the
League of California Cities Legislative Task Force.
No action was taken on this matter.
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19. Resolution of the City of San Bernardino authorizing the execution of an
agreement with Site Management Services, Inc. relating to the installation
of mobile/wireless communications facilities on certain streetlight poles and
traffic signal poles owned or controlled by the City. (Continued from July
23, 2001)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be tabled.
The motion carried by the following vote:
Members/Commissioners Estrada, Lien, McGinnis,
Anderson, McCarnmack. Nays: None. Absent: None.
Ayes:
Schnetz,
Council
Suarez,
20. Request for Continuance - Final Map for Tentative Tract No. 14193 -
Southeast corner of Ohio & Olive Avenues
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
approve the continuance of the Final Map for Tentative Tract No. 14193 to May
6, 2002.
The motion carried
Members/Commissioners
Anderson, McCammack.
by the following vote:
Estrada, Lien, McGinnis,
Nays: None. Absent: None.
Ayes:
Schnetz,
Council
Suarez,
Recess Meeting
At noon Mayor Pro Tern/Vice Chairwoman Estrada recessed the meeting to 2 p.m. in
the Council Chambers of City Hall.
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 2:05 p.m., Mayor Pro Tem/Vice Chairwoman Estrada 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 Pro
Tern/Vice Chairwoman Estrada; Council Members/Commissioners Estrada, Lien,
McGinnis, Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney
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Carlyle, Economic Development Agency Special Counsel Sabo, City Clerk Clark,
Economic Development Agency Executive Director Van Osdel. Absent: None.
R21. RES. CDC/2001-31 Resolution of the Community Development
Commission of the City of San Bernardino authorizing the Chair of the
Community Development Commission of the City of San Bernardino to
execute a Redevelopment Planning and Participation Agreement for the
Santa Fe Depot Redevelopment Implementation Area (Arthur Pearlman
Corporation) .
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McGinnis, that the Community Development
Commission confirms that the redevelopment proposal and statement of interest
submitted by the Arthur Pearlman Corporation is most responsive to the overall
redevelopment of the study area; and that said resolution be adopted.
The motion carried and Resolution No. CDC/200l-31 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent:
None.
R22. Review Letter from Scott Mauney, Underwriter - Mortgage Assistance
Program (MAP)
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Suarez, that the Community Development
Commission receive and file the attached staff report and Mortgage Assistance
Program (MAP) review letter from Mr. Scott Mauney.
The motion carried
Members/Commissioners
Anderson, McCammack.
by the following vote:
Estrada, Lien, McGinnis,
Nays: None. Ab~ent: None.
Ayes:
Schnetz,
Council
Suarez,
23. Public Comments
W.R. Holcomb, 3702 Hemlock, San Bernardino, CA, expressed opposition to
placing the matter of outside legal counsel on the November ballot; and
expressed support for a new courthouse in San Bernardino and for expending
more money on code enforcement, urging the Council to pursue summary
abatements.
Jeff DeFillipes, 1538 North Waterman, San Bernardino, CA, spoke in
opposition to the Lakes and Streams Project and commented on the problems
associated with the Omnitrans fueling station.
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Steven Figueroa, Acting CEO of HAPA, P.O. Box 3202, Victorville, CA,
asked the City to honor their contract with A vila Construction Company, stating
he had filed a complaint with the Federal Government this date regarding this
matter alleging the City violated Federal law. Mr. Figueroa submitted a
document titled, Title VI, Voluntary Compliance Agreement, and Title VIII,
Enforcement Agreement, between The United States Department of Housing
and Urban Development and Maria Hernandez, et aI. and County of Riverside.
Gil Navarro, 1440 West Sixth Street, San Bernardino, CA, advised that he was
a candidate for the First Ward council seat, expressed concern with a trend he
perceived in San Bernardino relative to discrimination against the Latino
community, and spoke in support of moving the Omnitrans fueling station out of
the Westside area.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding
environmental issues at the former Norton Air Force Base, stating that the City
needs to find out just exactly what is out there (contaminated well water,
asbestos pipe, etc.).
The following individuals spoke regarding the continued problem of odor
and polluted air in their community due to the Omnitrans fueling station:
Teresa Lopez, 683 North Ramona Avenue, San Bernardino, CA.
Jan Misquez, 659 North Hancock, San Bernardino, CA, who asked that the
City donate a piece of property at another location so Omnitrans could relocate
its fueling station.
Marilyn Alcantar, 1455 Kingman, San Bernardino, CA.
Council Member/Commissioner Schnetz stated that he would like someone to
research the original conditional use permit relative to the Omnitrans fueling
station and refer it to the Ways and Means Committee. He stated that the City
needs to find out the procedure for, and under what authority, it can get
involved in this matter.
Yolanda Holguin, P.O. Box 1279, Chino. CA, stated she was representing
community members and A vila Construction--that one of her concerns is
environmental health issues--another concern is the targeting of Hispanic
business owners.
James Penman, 221 East Marshall Boulevard, San Bernardino, CA, spoke
regarding the racial attacks made against him, the racial overtones that are
apparent in the city, and the resulting divisiveness it has caused.
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24. Adjournment
The meeting adjourned at 4:22 p.m. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 8 a.m., Monday, August 20, 2001, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK, CMC
City Clerk
II
By d:n:/~ C d~t:jJ
Linda E. Hartzel
Deputy City Clerk
No. of Items: 24
No. of Hours: 5.75
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