HomeMy WebLinkAbout12-03-2001 Minutes
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 3, 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/Chairman Valles at 8:14 a.m., Monday, December 3, 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/Chairman Valles; Council Members/Commissioners Estrada, McGinnis,
Schnetz, Suarez, McCammack; City Attorney Pemnan, City Clerk Clark, City
Administrator Wilson. Absent: Council Members/Commissioners Lien, Anderson.
I . Closed Session
Pursuant to Govermnent Code Sections:
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a)
Manta Management v. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 18157;
George Minjarez and Linda Reyes v. Ronnie C. Garcia, City of San
Bernardino, et al. - San Bernardino Superior Court Case No. SCVSS
076208;
Jaime Alvarez, et al. v. City of San Bernardino - United States District
Court Case No. CV-00-03048 GHK.
B. Conference with legal counsel - anticipated litigation - significant
exposure to litigation - pursuant to subdivision (b) (1), (2), (3) (A-F) of
Govermnent Code Section 54956.9.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Govermnent Code Section
54956.9.
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12/3/2001
D. Closed Session - personnel - pursuant to Govermnent 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 Govermnent Code
Section 54957.6.
G. Conference with real property negotiator - pursuant to Govermnent Code
Section 54956.8.
I.
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
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
0281-081-01
0281-081-02
0281-081-03
0281-081-04
0281-081-05
0281-082-05
0281-082-06
0281-082-07
0281-082-08
0281-082-09
0281-082-10
0281-082-11
0281-082-12
0281-082-13
0281-082-14
0281-082-15
0281-082-16
0281-082-17
0281-082-26
0281-082-27
0281-082-28
0281-082-29
0281-082- 30
0281-082-32
0281-082-33
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12/3/2001
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
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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:
2.
Property Addresses:
Negotiating Parties:
Juan P. Trujillo & Consuelo Y. Trujillo
Roberto O. Betancourt & Rita M. Betancourt
Pedrito B. Tongpo & Perida I. Tongpo
Pedrito B. Tongpo & Perida I. Tongpo
Henry W. Shelton & Betty J. Shelton
George R. Hallock & Janet Knickerbocker
Altegra Credit Co
Blue Diamond Unlimited, Inc
Henry W. Shelton & Betty J. Shelton
Vibhakerbhai B. Patel & Vimalaben Patel
Alfred Anthony Simental
L.L.c., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Henry W. Shelton & Betty J. Shelton
Henry W. Shelton & Betty J. Shelton
Leo Rittenhouse
Harold P. Luke & Chintana V. Luke
J. C. Hancock & Lorean Hancock
Henry W. Shelton & Betty J. Shelton
Victor M. Castillo
Fern I. Kopitzke, Trustee
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Purchase terms & conditions
9th & Del Rosa Properties:
278-061-54,68,74, & 75
278-201-30,31,32,33, & 34
20th Street - Arden Guthrie Area:
2241, 2251, 2261, 2271, 2291,
2311, 2321, 2331, 2371, 2381, &
2391 20th Street
Michael R. Perez, Facilities
Planning & Development Director,
San Bernardino City Unified School
District & Maggie Pacheco,
Deputy / Housing Director,
Economic Development Agency
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12/3/2001
Under Negotiation:
Purchase terms & conditions
City Attorney Pemnan announced that the following additional cases 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;
Stubblefield Construction Company, et al. v. City of San Bernardino, et
&. - San Bernardino Superior Court Case No. SCV 252058;
Stephanie Battle, et al. v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 0l-0327VAP(SGLx);
Douglas J. Domino v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 98-339RT(V APx).
Under 1.G., Conference with real property negotiator pursuant to
Govermnent Code Section 54956.8: HUB Property - Parcel No. 0281-
082-04, 949 East Laurelwood Drive, owned by Arthur L. & Purificaci
Labaquiao.
Council Member/Commissioner Lien Arrived
At 8:20 a.m., Council Member/Commissioner Lien arrived at the Council/Commission
meeting.
Council Member/Commissioner Anderson Arrived
At 8:22 a.m., Council Member/Commissioner Anderson arrived at the
Council/Commission meeting.
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 Sister Marita Beumer of St. Bernardine's Church,
followed by the pledge of allegiance, led by Alexa Kluss, a third grade student from
Ramona Alessandro Elementary School.
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12/3/2001
2. Appointment - John Coute - Planning Commission - Mayor Valles
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that the matter be tabled.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, McCammack.
Nays: None. Absent: Council Members/Commissioners Lien, Anderson.
3. Proclamations & Presentations
Council Member/Commissioner Anderson presented certificates of recognition
to Albert Okura, owner of Juan Polio; and Darrell Funn, Sports/Athletic
Director, and Steve Everett, Director, Precious Foundations of Tomorrow, for
their support and contributions to the Ruthie Bolton Girls Skills and Drills
Clinic.
Jessica Hernandez, Event Coordinator, and Albert Okura presented plaques of
appreciation to the Mayor and Council for waiving fees and supporting the
Cruizin E Street event. They also recognized Ray Casey, Deputy Director/City
Engineer, and Tony Lugo, Engineering Assistant II, Development Services
Department, for their contributions.
Teri Rubi, Executive Assistant to the Mayor, introduced members of the
Mayor's Youth Council, who represent nine high schools and eight middle
schools located in San Bernardino. The Youth Council will be meeting on a
regular basis to share concerns, solutions, and ideas for change as they work
for the betterment of the community.
Representatives of Tobacco Use Reduction Now--Esther Jimenez, Health
Education Specialist, and Dr. Eric Brickman, Department of Public Health; and
Danny Flores, Founder and Executive Director of the Salute to the Route
organization--unveiled the Salute to the Route Tobacco-Free Cars Save Lives
2002 calendar. The unveiling of the calendar was followed by a brief press
conference and car display at the City Hall turnaround.
4. Announcements
Mayor Valles requested that a moment of silence be observed in memory of
Virginia Paresa, mother of Jerry Paresa of the San Manuel Band of Mission
Indians, and Bob Mack, the Gas Company's City representative, who recently
passed away.
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12/3/2001
Announcements were made by the Mayor and Common Council and elected
officials regarding various civic and community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common
Council/Community Development Commission be waived.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
6. Claims & Payroll
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 November 26,2001, from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
7. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the
Chief Examiner dated November 28, 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 ratitied.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
8. RES. 2001-357 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the application for grant funds for California
Department of Parks and Recreation, Local Grant Projects funded from
various special appropriations, for renovation of Santa Fe Depot.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Schnetz, that said resolution be adopted.
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12/3/2001
Resolution No. 2001-357 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
9. Set luncheon workshop - Monday, December 17, 2001 - 12 noon - Economic
Development Agency Boardroom - presentation by Strategic Education
Services, State representatives - Legislative Advocacy Program
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that a luncheon workshop be set for Monday,
December 17, 2001 at 12:00 noon in the Economic Development Agency
Boardroom for a presentation by Strategic Education Services, State
representatives, regarding legislative advocacy program for the upcoming year.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
10. Authorize payment - invoice for $560.00 - Gresham, Savage, Nolan &
Tilden, LLP - independent review of City Attorney's Impartial Analysis of
Measure "I"
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council authorize
the City Attorney to pay the invoice of $560.00 from Gresham, Savage, Nolan
& Tilden, LLP for its independent review of the Impartial Analysis of Measure
"I" by the City Attorney.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
11. ORD. MC-ll09 - An Ordinance of the City of San Bernardino adding
Section 9.84.040 to the San Bernardino Municipal Code relating to
projectiles. FINAL READING
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that said ordinance be adopted.
Ordinance No. MC-II09 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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12/3/2001
12. RES. 2001-358 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, reciting the facts of the Primary Municipal
Election held on the 6'h day of November 2001, declaring the results thereof
and setting forth such other matters as are allowed by law.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-358 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. ORD. MC-ll10 - 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.
FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-lllO was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Estrada. Absent: None.
14. ORD. MC-l111 - 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. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-l11l was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson.
Nays: None. Abstentions: Council Members/Commissioners Lien,
McCammack. Absent: None.
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12/3/2001
15. RES. 2001-359 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Holland-Lowe Construction Inc.
for pavement rehabilitation on Highland Avenue from Sierra Way to
Waterman Avenue, Waterman Avenue from Base Line Street to 9th Street,
Foxcroft Way from Heritage Lane to Commercial Road and 9th Street from
Arrowhead Avenue to Waterman Avenue. per Plan Drawing Nos. 10294
and 10264A.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-359 was adopted by the following vote: Ayes: Council
Members/Commissioners Lien, McGinnis. Schnetz, Suarez, Anderson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Estrada. Absent: None.
16. RES. 2001-360 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to E. G. Holmes Co. for pavement
rehabilitation on University Parkway from Kendall Drive to Northpark
Blvd., Base Line Street from California Street to Medical Center Drive, and
the intersection of Little Mountain Drive and 48'h Street, per Plan No.
10295.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; and that the
Mayor and Common Council authorize the Director of Finance to transfer
$241,000 from Account No. 135-378-5504-7222 (Highland Ave., Waterman
Ave., Foxcroft Way) to Account No. 135-378-5504-7220 (University Parkway,
Base Line St., 48th St.) and amend the FY 2001102 budget accordingly.
The motion carried and Resolution No. 2001-360 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
17. RES. 2001-361 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Larnbco Engineering, Inc., for
installation of storm drain in "H" Street from Esperanza Street to Adell
Street per Plan No. 10244.
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12/3/2001
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; and that the
Mayor and Common Council authorize the Director of Finance to amend the FY
2001/02 budget to increase the budget amount in Account No. 248-368-5504-
7258 by $25,000 and reflect the associated reduction in Account No. 248-000-
3405-0000 (Unappropriated Storm Drain Construction fund).
The motion carried and Resolution No. 2001-361 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
18. RES. 2001-362 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Janus Corporation for lead-based
paint and asbestos abatement and clean up (phase II) at the Santa Fe Depot,
per Plan No. 10328.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2001-362 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
19. Determine public convenience or necessity - Type 20 Liquor License -
Highland Chevron gas station/convenience store - 2505 East Highland
Avenue
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council determine
that the public convenience or necessity is served and direct the Development
Services Department to send a letter to the Department of Alcoholic Beverage
Control for a Type 20 (off-sale beer and wine) liquor license for the Highland
Chevron gas station with a convenience store located at 2505 East Highland
Avenue.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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12/3/2001
20. ORD. MC-I112 - 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.
FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-1112 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
21. RES. 2001-363 - Resolution of the City of San Bernardino relating to
financing of certain projects establishing compliance with reimbursement
regulations under the Internal Revenue Code.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2001-02 budget to reflect
the capital expenditure of $935,500 for Fire Department apparatus and the
corresponding reimbursement of $935,500 that the City will receive from the
financing proceeds.
The motion carried and Resolution No. 2001-363 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
22. RES. 2001-364 - Resolution of the City of San Bernardino approving a Side
Letter to Resolution 99-155, resolution implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the
Police Safety Unit represented by the San Bernardino Police Officers
Association.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-364 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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12/3/2001
23. Authorize salary increase - grant-funded position - Food Services Supervisor
II - Parks, Recreation & Community Services Department
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council approve a
salary increase for Food Services Supervisor II from $10.41 per hour to $15.00
per hour, retroactive to July 1, 2001; and that Resolution No. 6413, Section
Thirteen, be amended to reflect this particular action.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. Authorize salary increases - grant funded positions - Parks, Recreation &
Community Services
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council approve
salary increases for the following Headstart/Preschool positions, retroactive to
September 1, 2001: TeacherfDirector (1) - from $14.73/hour to $15.47/hour;
Teacher (4) - from $12.8I!hour to $13.45/hour; Clerk (1) - from $8.37/hour to
$9.46/hour; and Teacher Aide (4) - from $8.37/hour to $9.12/hour; and that
Resolution No. 6413, Section Thirteen, be amended to reflect this particular
action.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. RES. 2001-365 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the submittal of applications for the
certification of City operated recyclable beverage container collection
programs and the periodic renewals of certification.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2001-365 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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12/3/2001
26. Public hearing - authorize execution of agreement - sale of city property -
northwest corner of Washington Street & Waterman Avenue
RES. 2001-366 - Resolution of the City of San Bernardino directing and
authorizing the execution of a Sales and Purchase Agreement and the
execution of a quitclaim deed for the sale of City property generally located
at the northwest corner of Washington Street and Waterman Avenue in the
City of San Bernardino.
Mayor/Chairman Valles opened the hearing.
James Funk, Director of Development Services, provided background
information and an overview of the staff report.
No public comments were received
Council Member/Commissioner McGinnis stated he would abstain from voting
on this item as he lives near the property.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2001-366 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, Schnetz, Suarez,
Anderson, McCammack. Nays: None. Abstentions: Council
Member/Commissioner McGinnis. Absent: None.
27. An ordinance of the City of San Bernardino amending Title 6 of the San
Bernardino Municipal Code relating to animals. FIRST READING
(Continued from November 19, 2001)
Jon Cicirelli, Director of Animal Control, reviewed the proposed changes and
recommendations and answered questions regarding same.
City Attorney Pemnan advised that the new ordinance provides for a citation
process and hearings to the Hearing Officer.
Sue Dawson, Fourth Ward resident and appointee to the Animal Control
Commission, stated that she would like an addition to the code providing that no
dogs be tied or chained. She also advised that the representatives who come
from the Orange County and Los Angeles areas to speak on behalf of cat
fanciers have no idea of the problems San Bernardino faces insofar as its feline
population is concerned.
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12/312001
Brian Cronin, Executive Director, Humane Society of San Bernardino County,
expressed his appreciation and support for the proposed ordinance. However,
he urged the Council to consider an amendment in the near future which would
ban the tethering or chaining of dogs, stating that the Humane Society was
willing to assist with this request.
Susan Benevy, Seventh Ward appointee to the Animal Control Commission,
stated she was disappointed the Legislative Review Committee had amended the
proposed changes relative to spaying and neutering requirements; and that she
hoped the City would have a law in the near future regarding the tethering of
animals.
Discussion ensued regarding the number of tethered or chained animals in San
Bernardino, the number of cities which currently ban tethering, and the need to
move slowly on this matter--possibly starting with a community education
program. Comments and concerns were also expressed regarding the need to
spay and neuter free-roaming cats.
Council Member/Commissioner Lien advised that she would love to see the City
do away with tethering and chaining and to also address the problem of the
numerous free-roaming cats; however, the individuals who worked on the new
amendments tried not to create legislation which they had no way of
implementing or enforcing.
City Attorney Pemnan reviewed several small changes which needed to be made
to the ordinance and suggested that the motion include language to enable the
City Attorney's Office to finalize the ordinance with minor changes, as needed.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said ordinance be laid over for final
adoption; and that the City Attorney be authorized to correct any non-
substantive errors, including typographical or numbering errors, including
correcting references to state statutes, City ordinances, and City Attorney
opinions.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
28. Continue to March 4, 2002 - approval of Final Map - Tentative Tract No.
14112 - located northeasterly of the intersection of Foothill Drive & Sterling
Avenue (Continued from September 4,2001)
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12/3/2001
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the Final Map for Tentative Tract No.
14112 be continued to the Council/Commission meeting of March 4,2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
29. 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 19, 2001)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that the matter be continued to the
Council/Commission meeting of December 17, 200 I.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
30. Appeal - Conditional Use Permit No. 01-14 - upgrade an Alcoholic Beverage
Control Type 41 on-sale beer and wine license to a Type 48 on-sale general
license - 1689 Kendall Drive (Fanatics Restaurant)
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner, provided background information regarding the
grounds for the appeal, noting that the applicant currently has a license to sell
beer and wine and now wants to upgrade to sell hard liquor and provide live
entertaimnent. She advised that after listening to the concerns expressed by the
adjacent property and business owners, staff had revised the conditions of
approval by adding several additional conditions which they believed would
address these concerns.
The following individuals spoke in suppon of the appeal, and pursuant to
Resolution No. 2000-279, City Clerk Clark administered an oath that they
would provide true and honest testimony:
Paul Plesnicher, 1649 W. Sheridan Road, San Bernardino, CA, stated he did
not want more liquor sold in the neighborhood due to the large number of
schools and churches in the area.
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-_._----~-_.~--'-----,.._.__.---_._.._-------_...__..-----------------~-
Larry Lee, 1699 Sheridan Road, San Bernardino, CA, submitted a petition
signed by 19 individuals opposed to the conditional use permit, which
highlighted some of their concerns. He mentioned the problem of loud music
and also read into the record a letter of opposition from Kelly Blake.
China Akbar, Manager of Indian Creek Apartments, 1930 W. College Avenue,
San Bernardino, CA, spoke on behalf of the aparttnent owners, Dave Pettis and
Dale Stark. She read into the record a letter from the management company
stating that they are a family-oriented complex and strongly opposed to the
request for a hard liquor license by Fanatics Restaurant.
Discussion ensued regarding the complaints of the neighboring residents and
businesses. It was pointed out that although various allegations were made
regarding the Fanatics Restaurant at the Planning Commission meeting, there
had been no complaints registered with the Police Department.
Council Member/Commissioner Suarez stated he had personally visited the
location and had seen for himself some of the same conditions being alleged by
the neighbors.
Council Member/Commissioner McCammack advised that she was
uncomfortable granting a permit to an establishment that had already violated its
existing license by hiring live entertaimnent without obtaining the proper
permits; and Council Member/Commissioner Schnetz questioned whether the
applicant had ever obtained his dine and dance permit from the City Clerk's
Office.
City Attorney Pemnan suggested, in light of the allegations that the applicant
was currently in violation of the code, that the Council continue this item until
his office and the Police Department could investigate these allegations.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commission McGinnis, that the matter be continued to the
Council/Commission meeting of January 22. 2002; and that the Mayor and
Common Council direct the City Attorney's Office and Police Department to
investigate the matter.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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31. Submission of Audit - City of San Bernardino's Economic Development
Agency's Contractual Relationship with Alvarez & Associates for services
through the Acquisition, Rehabilitation and Resale and Mortgage Assistance
Programs dated October 2001 by the Harvey M. Rose Accountancy
Corporation
City Attorney Pemnan requested that the matter be continued for two weeks.
Council Member/Commissioner Anderson 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 vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
32. RES. 2001-367 - Resolution of the Mayor and Common Council of the City
of San Bernardino making certain findings regarding, and supporting the
construction and operation of, a new multiplex courtbouse in downtown San
Bernardino.
Council Member/Commissioner Schnetz stated that he would like the Board of
Supervisors to know that the City is not asking them to take this step without the
City's cooperation and support. He suggested that the ordinance be amended to
incorporate language stating that the City anticipates taking title to
approximately five or six acres of land at the southeast comer of Third Street
and Arrowhead Avenue and is willing to donate this land for the courthouse site.
City Attorney Pemnan reviewed the changes made to the resolution including
Council Member/Commissioner Schuetz' suggestion.
Council Member/Commissioner Lien pointed out that several sections of the
resolution are specific to the City of San Bernardino; however, a lot of it is
applicable to other cities as well. She suggested the creation of a sample
resolution similar to the one being adopted by the City of San Bernardino, which
neighboring cities could take to their Councils and Supervisors as well.
City Attorney Pemnan advised that the ad hoc task force would be meeting on
Wednesday, and suggested the idea be discussed there first.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted, as amended by
the City Attorney's Office.
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The motion carried and Resolution No. 2001-367 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack. Nays: None. Absent: None.
33. League of California Cities Legislative Task Force Update
Council Member/Commissioner Lien noted that the state legislature is still in
recess; however, the biggest concern of local govermnents is the upcoming state
budget crisis and the loss of state funding at the local level.
Luncheon Workshop - EDA Boardroom - 12:00 noon - receive information
relative to grants
City Administrator Wilson advised that management encourages the departments to
solicit grants and staff is aggressive in doing so. He stated that the grants are usually
reviewed by his staff first and then forwarded to the Finance Department.
Barbara Pachon, Director of Finance, reviewed the grant process and answered
questions regarding same. She advised that once a grant is approved it is assigned a
grant number and tracked by Finance; however, Finance does not set up the account
until the official document awarding the grant is received. She explained that the
"grant expenditure plan" is merely the budget for that particular grant, and that a
matrix and tracking system are maintained for each grant.
Discussion ensued regarding the auditing process used for the grants and what
information the auditors are actually looking for.
Mayor/Chairman Valles recommended the appointment of a task force or committee,
which would include members of the Council, to study, review, and bring back to the
other Council members a report regarding the City's grant process, including
compliance issues and the status of the City's current grants.
The Mayor asked Council Members/Commissioners Estrada, Anderson, and
McCammack to serve on the committee, as well as the City Treasurer and one
representative each from the City Administrator's Office and the City Attorney's
Office.
No further action was taken on this matter at this time.
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34. RES. 2001-368 - 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. (Continued from November 19, 2001)
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2001-368 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
35. RES. 2001-369 - Resolution of the City of San Bernardino accepting the FY
01/02 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. (Continued from November 19, 2001)
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2001-369 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
36. RES. 2001-370 - 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. (Continued from November 19, 2001)
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2001-370 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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 2:10 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.
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Roll Call
Roll call was taken by City Clerk Clark with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Schnetz, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle,
Economic Development Agency Special Counsel Sabo, City Clerk Clark, Economic
Development Agency Executive Director Van Osdel. Absent: None.
R37. Joint Public hearing - amendment to re-establish eminent domain power on
non-residential property - Meadowbrook/Central City Redevelopment
Project
RES. CDC/2001-55 - 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
Meadowbrook/Central City 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
Meadowbrook/Central City Redevelopment Project, 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 Meadowbrook/Central City Redevelopment
Project and certifying an Addendum to the 1975 Environmental Impact
Report. FIRST READING
Mayor/Chairman Valles 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 Meadowbrook/Central City Redevelopment Project
Area.
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Felise Acosta of Resenow Spavacek Group, Inc., redevelopment consultant,
provided a summary of the Agency's report to the Mayor and Common Council.
The Amendment to the Redevelopment Plan for the Meadowbrook/Central City
Redevelopment Project (Exhibit 2); the report to the Mayor and Common
Council on the Amendment to the Redevelopment Plan for the
Meadowbrook/Central City Redevelopment Project (Exhibit 3); the Addendum
to the 1975 ErR (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.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted and that said
ordinance be laid over for final adoption.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
38. Publie Comments
Wilma J. Morgan, a local resident, spoke regarding her fear of the dogs
roaming loose in her neighborhood and how difficult it is to see the white street lines in
the vicinity of Base Line and Waterman, especially when it rains.
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39. Adjournment.
At 4: 19 p.m., the meeting was adjourned to 9 a.m., Monday, December 10,
2001, in the Council Chambers of City Hall, for closed session discussion. The
next joint regular meeting is scheduled for 8:00 a.m., Monday, December 17,
2001, in the Council Chambers of City Hall, 300 North "D" Street, San
Bernardino, California.
RACHEL G. CLARK
;!j. . CitY,~erk
By: ~c. W
Linda E. Hartzel
Deputy City Clerk
No. of Items: 39
No. of Hours: 8.25
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