HomeMy WebLinkAbout11-19-2001 Minutes
M]NUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 19, 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 Tern/Acting Chairman Schuetz at 8:11 a.m., Monday, November 19, 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/Acting Chairman Schnetz; Council Members/Commissioners Estrada, McGinnis,
Schnetz, Suarez, McCammack; Senior Assistant City Attorney Carlyle, City Clerk
Clark, City Administrator Wilson. Absent: Council Members/Commissioners Lien,
Anderson.
Council Member/Commissioner Lien Arrived
At 8:13 a.m., Council Member/Commissioner Lien arrived at the Council/Commission
meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
La France Hamilton v. City of San Bernardino, et al. - United States
District Court Case No. EDV 00-107RT (RNBx);
Susan Aldama, et aI. v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 61691;
California Bio-Mass, et al. v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCVSS 083473;
Manta Management v. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 18157.
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11/19/2001
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.
Briefing - Economic Development Agency Boardroom - 12 noon - Lt.
Goggin, San Bernardino Police Department
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6.
Negotiator:
Ed Raya, Director of Human Resources
Employee Organization:
San Bernardino Police Officers' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1.
Property Address:
Negotiating Parties:
HUB Properties
Gary Van Osdel for the Redevelopment Agency
and
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
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
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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
0281-083-17
0281-083-18
0281-083-20
0281-091-39
Under Negotiation:
Anthony Grgec & Gloria E. Grgec
Anthony Grgec & Gloria E. Grgec
Angelina Rodriguez Coeur
Alta J. Moffitt
Charles L. Brown
Elisa L. Gurrola & Evangelina L. Montez
Juan P. Trujillo & Consuelo Y. Trujillo
Chia-Ping Hwang & Mei Fan Hwang
Enrique Villapando & Mary Villapando
West End Investments
Kreten Jakobsen & Rebecca G. Jakobsen
Kreten Jakobsen & Rebecca G. Jakobsen
Neil Calvin Hansen, Jr. & Sandra Kay Hansen
Ronald Norris & Phyllis Norris
David V. Kon, Trustee
David V. Kon, Trustee
Juan P. Trujillo & Consuelo Y. Trujillo
Roberto O. Betancourt & Rita M. Betancourt
Pedrito B. Tongpo & Perida 1. Tongpo
Pedrito B. Tongpo & Perida 1. Tongpo
Henry W. Shelton & Betty J. Shelton
George R. Hallock & Janet Knickerbocker
Altegra Credit Co
Blue Diamond Unlimited, Inc
Henry W. Shelton & Betty J. Shelton
Vibhakerbhai B. Patel & Vimalaben Patel
Alfred Anthony Simental
L.L.C., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Henry W. Shelton & Betty J. Shelton
Henry W. Shelton & Betty J. Shelton
Leo Rittenhouse
Harold P Luke & Chintana V. Luke
J. C. Hancock & Lorean Hancock
Henry W. Shelton & Betty J. Shelton
Victor M. Castillo
Fern 1. 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.LC., 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
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City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Stubblefield Construction Company, et al. v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 252058;
Jaime Alvarez, et al. v. City of San Bernardino - United States District
Court Case No. CV 00-03048 GHK.
In addition, Mr. Penman announced that there would be discussion regarding
claims filed against the City of San Bernardino by Data Business Systems, Get-
Fit Clinic, Mars Donuts, Western Eco-Tec Coatings, Gonzales Painting Corp.,
Richard Hermann, John Drafter Auto Glass, and Sarah Son Contractors, for
damages as a result of a sewer main overflow at 708 W. Mill Street on April
16, 2001.
Mayor Pro Tem/ Acting Chairman Schnetz announced that during closed session
the Community Development Commission voted to accept an offer to purchase
from Mr. Charles Brown property known as Assessor's Parcel No. 281-082-013
for a consideration of $123,000.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council and Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Father Barnabas Laubach of St. Bernardine Medical
Center, followed by the pledge of allegiance, led by Chelsea McCammack, a fifth
grade student at Banner Elementary School.
2. Appointments
There were no commission appointments.
3. Presentations & Awards
The Third Quarter 2001 Customer Service Awards were presented to the
following employees for going the extra mile in providing service to the citizens
of San Bernardino: Dave Allen, Fire Captain; David Mazi, Police Officer; Judy
Jacobson, Fire Dispatcher; and Mark Luker, Police Dispatcher.
Isabel Rubio, retired receptionist for the Mayor's and City Administrator's
Offices, was presented a Certificate of Recognition in appreciation of her
dedicated service to the City of San Bernardino.
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Judy Johnson of the Public Services Department was presented a Certificate of
Recognition for participating in the Dublin, Ireland Marathon to benefit the
Arthritis Foundation.
Teri Rubi, Executive Assistant to the Mayor, read the names of the following
individuals who were presented a service pin award by Mayor Pro Tem Schnetz
in recognition of their many years of dedicated service to the City:
Name
Harold Phillips
William Shearer
Oscar Perrier
Trenton Hankins
Department
Development Services
Facilities Management
Parks, Recreation & Community
Services
Police
Years of Service
30
30
30
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4. Announcements
Announcements were made by Mayor Pro Tem Schnetz, members of the
Common Council, elected officials, and the Chamber of Commerce regarding
various civic, community, and chamber events/activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, 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
Members/Commissioners Estrada, Lien,
McCammack. Nays: None. Absent:
Anderson.
vote: Ayes: Council
McGinnis, Schuetz, Suarez,
Council Member/Commissioner
6. Council Minutes
Council Member/Commissioner McGinnis 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: August
6,2001; August 20,2001; and September 4,2001.
The motion carried
Members/Commissioners
McCammack. Nays:
Anderson.
by the following vote: Ayes: Council
Estrada, Lien, McGinnis, Schnetz, Suarez,
None. Absent: Council Member/Commissioner
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7. Claims & Payroll
Council Member/Commissioner McGinnis 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 November 8, 2001 from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
8. Personnel Actions
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the
Chief Examiner dated November 13, 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 by the following
Members/Commissioners Estrada, Lien,
McCammack. Nays: None. Absent:
Anderson.
vote: Ayes: Council
McGinnis, Schnetz, Suarez,
Council Member/Commissioner
9. Waive fees - YMCA Children's Parade - December 1, 2001 - $2,587
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that the request for a waiver of fees in the
amount of $2,587 for facility, personnel and equipment costs associated with the
24th Annual YMCA Children's Christmas Parade, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
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10. ORD. MC-1108 - An ordinance of the City of San Bernardino adding
Section 15.04.230 to the San Bernardino Municipal Code amending Section
305-3(b) of the National Electrical Code, 1996 Edition, relating to time
constraints on temporary electrical power and lighting installations for
decorative lighting and similar purposes. FINAL READING
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-1108 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
11. RES. 2001-345 - Resolution of the City of San Bernardino amending
Resolution No. 2000-355 entitled in part, "Resolution . . . amending
Conflict of Interest Code . . .", by amending Appendix A to add, delete,
and change the titles of various positions within departments of the City
which must me Conflict of Interest Statements.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-345 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
12. RES. 2001-350 - Resolution of the City of San Bernardino approving
Amendment No. 1 to Agreement for Professional Services with Joseph E.
Bonadiman & Associates, Inc. for preparation of a revised concept plan and
engineering drawings for Timber Creek Channel.
Mayor Pro Tem Schnetz indicated that he would be abstaining on this item due
to his having a partial interest in a piece of real estate within the project area.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2001-350 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Suarez, McCammack.
Nays: None. Abstentions: Council Member/Commissioner Schuetz. Absent:
Council Member/Commissioner Anderson.
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13. RES. 2001-346 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Holland-Lowe Const. Inc. for
pavement rehabilitation on Mt. View Avenue from Cluster Street to 277'
north, Pershing A venue from Mill Street to Hilda Street & Cluster Street
from Arrowhead Avenue to Sierra Way, per Plan Drawing No. 10322.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-346 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
14. Approve - Contract Change Order No. One - Anthony Marmolejo
Construction Company, Inc. - $13,563.93 - modifications to the Seccombe
Lake Activity Center to meet Americans with Disabilities Act (ADA)
standards - per Revision Nos. 1 & 2 of Plan No. 10214
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council authorize
the Director of Finance to amend the FY 2001102 budget to increase the budget
in Account No. 243-363-5504-7107 by $19,000 to reflect the associated
reduction in Account No. 243-000-3405 (Unappropriated Park Construction
Fund); and authorize the execution of Change Order No. One in the amount of
$13,563.93 to contract with Anthony Marmolejo Construction Company, Inc.
for revised entry details per revision Nos. 1 and 2 of Plan No. 10214.
The motion carried by the following
Members/Commissioners Estrada, Lien,
McCammack. Nays: None. Absent:
Anderson.
vote: Ayes: Council
McGinnis, Schnetz, Suarez,
Council Member/Commissioner
15. RES. 2001-347 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the application for grant funds for Arts on 5th
Multicultural Center.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-347 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
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16. Take action - request of the City Planning Commission for the Mayor and
Common Council to review and reconsider Chapter 5.14 or any provision
thereof
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council direct the
City Planning Commission to decide the appeal hearing on the denial of
entertainment licenses to Manta Management and others in accordance with the
current provisions of Chapter 5.14, with specific reference to current Section
5.14.120D of the San Bernardino Municipal Code.
The motion carried by the following
Members/Commissioners Estrada, Lien,
McCammack. Nays: None. Absent:
Anderson.
vote: Ayes: Council
McGinnis, Schnetz, Suarez,
Council Member/Commissioner
17. Rescind action taken by Mayor and Common Council/Community
Development Commission on September 17, 2001 - Kohl Agreement &
adoption of an amendment to the Kohl Agreement
RES. 2001-352 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, approving certain annual tax increment
property tax revenue distributions to the Inland Valley Development Agency
for the Kohl's Development Project on the former Norton Air Force Base.
Mayor Pro Tem Schnetz indicated that he would be abstaining on this item due
to his having a partial interest in a piece of real estate within 500 feet of the
subject area, and asked Council Member/Commissioner Suarez to assume his
duties as Mayor Pro Tem.
Council Member/Commissioner McGinnis requested an explanation on why the
Kohl's project had previously been represented as a $50 million project and was
now being represented as a $25 million project.
Special Counsel Sabo provided background information on the Kohl's proposal,
specifically, the tax increment reimbursement agreement.
A letter from Mayor Valles dated September 7, 2001, addressed to Kohl's
Corporation concerning deferral of permitting fees and impact fees in
connection with their San Bernardino project, was submitted into the record.
Also submitted into the record was a letter received from Alan J. Salle,
Assistant General Counsel, Kohl's Corp., dated September 12, 2001,
acknowledging receipt of the Mayor's letter dated September 7.
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Discussion ensued regarding the alleged misrepresentation of the value of the
project and the Council's concern that this project might hinder the City's HUB
project.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
rescind action taken on September 17, 2001, which approved a summary of a
Pass-through Agreement between the City and the Economic Development
Agency in connection with certain redevelopment assistance (Kohl's
Development Project) as presented and authorized the preparation of the Pass-
through Agreement; that the Community Development Commission rescind
action taken on September 17, 200], which approved the deal point summary of
a Property Tax Increment Incentive Agreement with Kohl's Corporation and
authorized preparation of an Incentive Agreement; and that said resolution be
adopted.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Suarez, McCammack. Nays: Council
Member/Commissioner McGinnis. Abstentions: Council
Member/Commissioner Schnetz. Absent: Council Member/Commissioner
Anderson.
18. RES. 2001-348 - Resolution of the City of San Bernardino authorizing the
Mayor of the City of San Bernardino or her designee to apply for and
administer a program continuation grant from the Corporation for National
and Community Service in the amount of $52,869 to continue the
administration and operation of the Retired and Senior Volunteer Program
for the period October 1, 2001 through September 30,2002.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-348 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
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Note: Agenda Item Nos. 19 through 22 were discussed simultaneously.
19. RES. 2001-351 - Resolution of the City of San Bernardino authorizing the
execution of a contract in the amount of $391,207 with ICI Solutions of
Chandler, Arizona to provide upgraded hardware and replacement
software for the Police Department's document imaging system.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Lien, that said resolution be adopted.
Resolution No. 2001-351 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
20. Resolution of the City of San Bernardino accepting the Investigative
Satellite Initiative Grant in the amount of $45,000 and authorizing the
expenditure of grant funds in accordance to the grant expenditure plan.
21. Resolution of the City of San Bernardino accepting the FY 01102 High
Technology Grant in the amount of $88,618 and authorizing the
expenditure of the awarded grant funds in accordance to the grant
expenditure plan.
22. Resolution of the City of San Bernardino accepting the Value-based
Initiative (VBI) Grant in the amount of $125,000 and authorizing the
expenditure of grant funds in accordance to the grant expenditure plan.
Council Member McCammack stated that she felt there should be another level
of quality assurance, such as the City Treasurer, to ensure that any expenditures
are made in accordance with the specifications of the grant document.
Council Member/Commissioner McCammack made a motion that Agenda Item
Nos. 20 and 21 be continued and that the documents be given to the City
Treasurer for review. (The motion failed for lack of a second.)
Council Member/Commissioner Lien suggested that the motion be amended that
the matter be referred to the City Treasurer for review and comment.
Discussion ensued as to the role and duties of the City Treasurer and whether or
not that office should review the documents.
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Council Member/Commissioner McCammack made a motion that a workshop
be scheduled to discuss the grant issue and that the City Treasurer be invited to
attend. (The motion failed for lack of a second.)
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that Agenda Item Nos. 20, 21, and 22 be
continued to a workshop on December 3, 2001, at noon, in the Economic
Development Agency Boardroom.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
23. Resolution of the City of San Bernardino authorizing the Chief of Police to
file a Young Offender Initiative: Reentry Grant Program application with
the U.S. Departments of Justice, Labor and Health and Human Services.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be tabled.
The motion carried by the following
Members/Commissioners Estrada, Lien,
McCammack. Nays: None. Absent:
Anderson.
vote: Ayes: Council
McGinnis, Schnetz, Suarez,
Council Member/Commissioner
24. An Ordinance of the City of San Bernardino adding Section 9.84.040 to the
San Bernardino Municipal Code relating to projectiles. FIRST READING
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be laid over for final
adoption.
The motion carried by the following
Members/Commissioners Estrada, Lien,
McCammack. Nays: None. Absent:
Anderson.
vote: Ayes: Council
McGinnis, Schnetz, Suarez,
Council Member/Commissioner
25. An Ordinance of the City of San Bernardino amending Title Six of the San
Bernardino Municipal Code relating to animals. FIRST READING
Cherylee Davis De Young, 1177 Congress, San Bernardino, CA, spoke in
opposition to the proposed ordinance and submitted her comments in writing,
dated November 19, 2001.
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The following individual spoke in support of the proposed ordinance revisions:
Howard Wicks, President of 395 Concourse Racing Pigeon Club of Southern
California, 229 E. 25th Street, San Bernardino, CA.
The following individuals commented on the animal control issue: Jerry
Medeiros, 2450 First Avenue, San Bernardino, CA; and Ken Kreutz, 2168 W.
First Avenue, Muscoy, CA.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of December 3, 2001.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
26. Authorization to join amicus curiae brief in support of the City of San Diego
in the case of Alford v. Superior Court (City of San Diego)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the City Attorney to join in amicus curiae brief in support of the City
of San Diego in the case of Alford v. Superior Court (City of San Diego).
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
27. Ordinance of the City of San Bernardino amending Section 10.24.190 of the
San Bernardino Municipal Code to prohibit commercial vehicles on Tia
Juana Street between Fourth Street and Fifth Street, Cabrera Avenue
between Fourth Street and Fifth Street and Kingman Street between Tia
Juana Street and Mount Vernon Avenue. FIRST READING
Council Member/Commissioner Estrada abstained due to the close proximity to
her residence.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that said ordinance be laid over for
final adoption.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Schnetz, Suarez, McCammack.
Nays: None. Abstentions: Council Member/Commissioner Estrada. Absent:
Council Member/Commissioner Anderson.
28. Ordinance of the City of San Bernardino amending Chapter 10.52 of the
San Bernardino Municipal Code to change the existing speed limit on
Mountain View A venue between Fortieth Street and Hill Drive/Pinehurst
Court from forty miles per hour to thirty-five miles per hour. FIRST
READING
Council Members/Commissioners Lien and McCammack abstained due to the
fact that they own property on one or more of the streets included in the
ordinance.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez. Nays: None.
Abstentions: Council Members/Commissioners Lien, McCammack. Absent:
Council Member/Commissioner Anderson.
29. Public hearing - Development Code Amendment No. 01-05 - to expand the
permitted uses at the Carousel Mall (Continued from October 15, 2001)
An Ordinance of the City of San Bernardino amending Section 19.06.020 of
the San Bernardino Municipal Code (Development Code) to add permitted
uses in the CR-l, Commercial Regional-Malls land use district. FIRST
READING
Correspondence was submitted into the record from Salvatore Catalano, General
Manager of the Carousel Mall, dated November 16, 2001, addressed to Valerie
Ross, Principal Planner, requesting the matter be continued.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of December 17, 2001.
The motion carried by the following
Members/Commissioners Estrada, Lien,
McCammack. Nays: None. Absent:
Anderson.
vote: Ayes: Council
McGinnis, Schnetz, Suarez,
Council Member/Commissioner
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30. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a purchase order to Rotolo
Chevrolet for one (1) 2002 one-ton truck with service body to be utilized by
the Fire Department. (Continued from November 5, 2001)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of December 3. 2001.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
Recess Meeting
At 1:05 p.m., Mayor Pro Tern/Acting Chairman Schnetz 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 2:08 p.m., Mayor Pro Tern/Acting Chairman Schnetz 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/Acting Chairman Schnetz; Council Members/Commissioners Estrada, Lien,
McGinnis, Schnetz, Suarez, McCammack; Senior Assistant City Attorney Carlyle, City
Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive
Director Van Osdel. Absent: Council Member/Commission Anderson.
R31. Public hearing - Disposition and Development Agreement - Public
Enterprise Building (Continued from September 17, 2001)
RES. CDC/2001-49 - A Resolution of the Community Development
Commission of the City of San Bernardino, as the governing body of the
Redevelopment Agency of the City of San Bernardino, approving that
certain Disposition and Development Agreement by and between the
Redevelopment Agency of the City of San Bernardino and New Hope
Missionary Baptist Church, on the terms set forth in such agreement.
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RES. 2001-353 - A Resolution of the Mayor and Common Council of the
City of San Bernardino acknowledging receipt of a report relating to that
certain Disposition and Development Agreement by and between the
Redevelopment Agency of the City of San Bernardino and New Hope
Missionary Baptist Church.
The hearing remained open from the September 17, 2001 Council/Commission
meeting.
Economic Development Agency Executive Director Van Osdel stated that
Agency staff was asked to solicit additional proposals from any individual or
group having an interest in buying the Public Enterprise Center (PEC) building.
Mr. Van Osdel stated that 15 such proposals were either mailed or handcarried
the week of September 20-24 and three proposals were submitted: Fallbrook
Capital, LLC, increased their original offer to $475,000; YSP, LLC, increased
their original offer to $505,000; and the New Hope Missionary Baptist Church
offered $555,000.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commission McCammack, that the hearing be closed; and that the sale
of the Public Enterprise Center be awarded to New Hope Missionary Baptist
Church, and that said resolutions and the Disposition and Development
Agreement be modified to reflect the name of "New Hope Missionary Baptist
Church" and the other terms contained in their proposal. (The vote was taken
following the discussion.)
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals that they would provide truthful and honest testimony:
Clifford Hackney, YSP, LLC, 1180 W. 9th Street, San Bernardino, CA,
increased their offer to $575,000 and noted that he had a loan committnent letter
for additional funding to cover the transaction.
Larry Odum, YSP, LLC, clarified that they are proposing a musical program
in collaboration with the school district in order to provide youth with the
musical training they feel is necessary in their scholastic performance.
Richard Schindler, Fallbrook Capital LLC, 7750 Palm Avenue, #D, Highland,
CA, stated that they could provide a letter from their bank showing that they
had 100 percent of the purchase price in cash.
Andrew Williams, New Hope Missionary Baptist Church, stated that they are
not only able to acquire the facility, but also make the necessary repairs and
continue to sustain the facility. Mr. Williams increased their offer to $580,000.
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Council Member/Commissioner Lien stated that she was impressed with the
New Hope Missionary Baptist Church's facilities, programs, and financial
condition, and noted that their loan committnent letter indicated their
commitment for up to $800,000 for improvements to the facility.
Mr. Odum, stated that YSP wanted to be given the opportunity to increase their
offer.
Mr. Sabo stated that there were several factors to consider, but there was no
requirement that they must sell to the highest bidder. He said it was up to the
Council to decide whether or not to accept more bids.
Council Member/Commissioner Suarez amended his original motion, seconded
by Council Member/Commission McCammack, that the hearing be closed; and
that the sale of the Public Enterprise Center be awarded to New Hope
Missionary Baptist Church for $580,000, and that said resolutions and the
Disposition and Development Agreement be modified to reflect the name of
"New Hope Missionary Baptist Church" and the other terms contained in their
proposal.
Resolution Nos. CDC/2001-49 and 2001-353 were adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, Schnetz, Suarez,
McCammack. Nays: Council Member/Commissioner McGinnis. Absent:
Council Member/Commissioner Anderson.
R32. Public hearing - amendment to re-establish eminent domain power on non-
residential property in the Central City East Redevelopment Project
RES. CDC/2001-50 - Resolution of the Community Development
Commission of the City of San Bernardino, making a finding that
conditions of blight burden the Redevelopment Project Area of the Central
City East Redevelopment Project, approving the Section 33352 Report to
the Mayor and Common Council on the 2001 Eminent Domain Amendment
to the Redevelopment Plan for the Central City East Redevelopment,
approving the 2001 Eminent Domain Amendment to the Redevelopment
Plan, and recommending the certification of the Addendum to the 1975
Environmental Impact Report.
An Ordinance of the Mayor and Common Council of the City of San
Bernardino approving the Section 33352 Report to the Mayor and Common
Council and adopting the 2001 Eminent Domain Amendment to the
Redevelopment Plan for the Central City East Redevelopment Project and
certifying an Addendum to the 1975 Environmental Impact Report. FIRST
READING
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Mayor Pro Tern/Acting Chairman Schnetz opened the joint public hearing.
Affidavits of mailing and publication, marked Exhibits "A" and "B", were
accepted as evidence without objection.
Margaret Park, Project Manager, Economic Development Agency, provided a
summary of the background and reasons for the Amendment to the
redevelopment plan for the Central City South Redevelopment Project Area.
Felise Acosta of Resenow Spevacek Group, Inc., provided a summary of the
Agency's report to the Mayor and Common Council.
The Amendment to the Redevelopment Plan for the Central City East
Redevelopment Project (Exhibit 2); the report to the Mayor and Common
Council on the Amendment to the Redevelopment Plan for the Central City East
Redevelopment Project (Exhibit 3); the Addendum to the 1975 EIR (Exhibit 6);
and the written staff report as presented, were accepted as evidence and as part
of the official record.
City Clerk Clark stated that no written objections had been received.
There were no public comments.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the hearing be closed; that said
resolution be adopted and that said ordinance be laid over for final adoption.
The motion carried and Resolution No. CDC/2001-50 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Schnetz, Suarez, McCammack. Nays: None. Absent: Council
Member/Commissioner Anderson.
R33. RES. 2001-354 - Resolution of the Mayor and Common Council approving
and authorizing execution of the Amendment No. 1 to the October 18, 1999
Community Development Block Grant ("CDBG") agreement between the
City of San Bernardino and Community Investment Corporation (CIC).
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2001-354 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
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R34. RES. CDC/2001-51 - Resolution of the Community Development
Commission of the City of San Bernardino, on behalf of the Economic
Development Agency of the City of San Bernardino, amending Resolution
No. 4420 (as amended by Resolution Nos. 4852, 5048, 5057, 5356, 5389,
5424, 5507, 5560 and CDC/2000-44) entitled, in part, "Resolution ...
adopting a Conflict of Interest Code ...," by amending Appendix A to add,
delete and change the titles of various positions within the Economic
Development Agency of the City of San Bernardino which must file Conflict
of Interest statements.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. CDC/2001-51 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
R35. RES. CDC/2001-52 - Resolution of the Community Development
Commission approving and authorizing the Chairperson or her designee to
execute the one (1) year contract extension in the amount of $61,500 (the
"Amendment No.2"), to the Professional Services Agreement between the
Redevelopment Agency and Diana L. Sanchez, contingent upon County of
San Bernardino approval of Neighborhood Initiative Program (NIP) funds.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. CDC/2001-52 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
R36. Joint Powers Financing Authority Tax Allocation Bonds issues
RES. J-49 - Resolution of the San Bernardino Joint Powers Financing
Authority authorizing the issuance of not to exceed $5,000,000 Tax
Allocation Bonds Series 2001A (Mount Vernon Project) approving the form
of legal documents related thereto and authorizing and directing
preparation, execution and delivery of the final forms thereof. (R36A)
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RES. J-50 - A Resolution of the San Bernardino Joint Powers Financing
Authority authorizing the issuance of San Bernardino Joint Powers
Financing Authority Tax Allocation Revenue Refunding Bonds, Series
2005A in a total aggregate principal amount not to exceed $85,000,000 and
the issuance of San Bernardino Joint Powers Financing Authority Tax
Allocation Advance Refunding Bonds in a total aggregate principal amount
not to exceed $25,000,000 to refund certain outstanding tax allocation
bonds, approving the form of certain legal documents related thereto and
authorizing and directing their preparation, execution and delivery. (R36B)
RES. CDC/2001-53 - Resolution of the Community Development
Commission of the Redevelopment Agency of the City of San Bernardino
authorizing a certain loan agreement and documents related thereto in
connection with the issuance of certain tax allocation bonds by the San
Bernardino Joint Powers Financing Authority. (R36C)
RES. CDC/2001-54 - 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 $110,000,000 to refund certain
outstanding tax allocation bonds, authorizing the form of certain legal
documents related thereto and authorizing and directing their preparation,
execution and delivery. (R36D)
RES. 2001-355 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the issuance of certain tax allocation bonds by
the San Bernardino Joint Powers Financing Authority and authorizing a
certain loan agreement and certain documents related thereto. (R36E)
RES. 2001-356 - A Resolution of the Mayor and Common Council of the
City of San Bernardino authorizing the borrowing of funds from the San
Bernardino Joint Powers Financing Authority in a total aggregate principal
amount of not to exceed $110,000,000 to refund certain outstanding tax
allocation bonds, authorizing the form of certain legal documents related
thereto and authorizing and directing their preparation, execution and
delivery. (R36F)
Council Member/Commissioner McCammack made a
Council Member/Commissioner McGinnis. that said
adopted.
motion, seconded by
resolutions A-F, be
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Joint Powers Financing Authority Resolution Nos. J-49 and J-50, Community
Development Commission Resolution Nos. CDC/2001-53 and CDC/2001-54,
and Mayor and Common Council Resolution Nos. 2001-355 and 2001-356 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Lien, McGinnis, Schnetz, Suarez, McCammack. Nays: None.
Absent: Council Member/Commissioner Anderson.
37. Public Comments
Bob Neves, 2348 Sterling Avenue, #439, San Bernardino, CA.
S1. RES. 2001-349 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Best, Best & Krieger and the City of San Bernardino to
advise the City Attorney's Office concerning the review, application and
enforcement of its adult entertainment license ordinance and related
matters.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-349 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez,
McCammack. Nays: None. Absent: Council Member/Commissioner
Anderson.
38. Adjournment
At 4:27 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 8 a.m., Monday, December 3,2001, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
B~-/~~
inda Sutherland
Deputy City Clerk
No. of Items: 39
No. of Hours: 6.8
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