HomeMy WebLinkAbout07-15-2002 Minutes
MINUTES
MA YOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JULY 15, 2002
COUNCIL CHAMBERS
This is the time and place set for a joint regular meeting of the Mayor and Common
Council and Community Development Commission of the City of San Bernardino.
Pursuant to Resolution No. 2002-65, the City Clerk or her designee shall appear in the
Council Chambers at 8:00 a.m. on the first and third Mondays in the months of May,
June, and July, 2002, and shall continue each Mayor and Common Council meeting to
I :30 p.m. that same day.
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 1:45 p.m., Monday, July 15, 2002, in the Council
Chambers of City Hall, 300 North "D" Street, San Bernardino, California.
Roll Call
Roll call was taken by Deputy City Clerk Medina with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk
Medina, City Administrator Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Sections:
A. Conference with legal counsel - extstmg litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et al. v. City of San Bernardino - United States District
Court Case No. CV 00-03048;
Stubblefield Construction Company, et al. v. City of San Bernardino, et
al. - San Bernardino Superior Court Case No. SCV 252058;
In Re Bankruptcy of CYSA - South San Bernardino Soccer Foundation,
Case No. RS 02-18493MG;
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City of San Bernardino v. CYSA - South San Bernardino Soccer
Foundation, et al. - San Bernardino Superior Court Case No. CSB
213237;
Manta Management v. City of San Bernardino - San Bernardino
Superior Court Case No. SCV 18157.
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:
Position Titles
City Administrator (contract amendment)
Code Compliance Director (contract amendment)
Fire Chief (contract amendment)
Executive Director, EDA (contact amendmentO
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.
City Attorney Penman announced that the following additional case would be
discussed under lA, Existing litigation pursuant to Government Code Section
54956.9(a):
Daniel Cravens v. City of San Bernardino, City of Highland and Does 1-20 -
San Bernardino Superior Court Case No. SCVSS 076715.
City Attorney Penman announced that the following case had been discussed
under I G, Conference with real property negotiator pursuant to Government
Code Section 54956.8:
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Property Address:
HUB Properties
Negotiating Parties:
Gary Van Osdel on behalf of the Redevelopment
Agency; and developer SBT Partners, LLC (Art
Pearlman)
Under Negotiation:
Acquisition and disposition of all properties
covered by the HUB Disposition Development
Agreement
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel 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 Woody Hall of Lutheran Church of our Savior, followed
by the pledge of allegiance, led by Council Member/Commissioner Suarez.
2. Appointments
There were no Commission appointments.
3. Presentations
A proclamation designating July 15-19 as Senior Nutrition Week and celebrating
the 25'h Anniversary of the Senior Nutrition Program was presented to Lemuel
Randolph, Director of Parks, Recreation and Community Services.
A presentation was made to each member of the Post 777/Newmark Little
League, girls all-star softball team, who recently won the District 43
Championships. The girls were accompanied by Bryan Estrada, Manager, and
Coach Bob McLaughlin.
Judi Penman, Executive Vice President of the San Bernardino Chamber of
Commerce, joined Mayor Valles in recognizing the 30/40 and Wildwood
Neighborhood Associations for their float entry, which won first place in this
year's 4th of July Parade. They were joined by neighborhood association
members Bud Melvin and Rob Fisher.
Wallace Green, Assistant to the Mayor, read the names of the
individuals who were presented a service pin award by Mayor
recognition of their many years of dedicated service to the City:
following
Valles in
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Name
Robert Houts
Donald Jackson
Leonard Munz
Eleanor Dennis
Michael Smith
Department
Code Compliance
Development Services
Development Services
Fire
Fire
Years of Service
5
30
15
15
25
4. Announcements
Announcements were made by the Mayor, Common Council, elected officials,
and a representative from the Chamber of Commerce regarding various civic,
community, and Chamber 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 and supplemental agendas of the Mayor and Common
Council/Community Development Commission be waived.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
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 3,
2002; and June 5,2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
7. Claims & Payroll
Council Member/Commissioner 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 July 9, 2002, from
Barbara Pachon, Director of Finance, be approved.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the
Chief Examiner dated July 8, 2002, in accordance with Civil Service rules and
Personnel policies adopted by the Mayor and Common Council of the City of
San Bernardino, be approved and ratified.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
9. RES. 2002-226 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Master Services Agreement by and between
the Inland Valley Development Agency and the City of San Bernardino for
provision of City Services for Fiscal Year 2002/2003.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-226 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
10. ORD. MC-1127 - An Ordinance of the City of San Bernardino repealing
Chapter 3.54 of the San Bernardino Municipal Code and adding Chapter
3.55 to the San Bernardino Municipal Code relating to Transient Lodging
Tax. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-1127 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
II. RES. 2002-227 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Mundell, Odium & Haws and the City of San
Bernardino to represent the City and designated City Departments, in all
proceedings in regard to, or arising out of, a specified disciplinary action.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-227 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
12.
RES. 2002-235 - Resolution of the City of
Resolution No. 96-188 by adding Dine
registration fees.
San Bernardino amending
and Dance/Entertainment
Council Member/Commissioner McGinnis asked what the term "live
entertainment" encompassed and whether it included karaoke.
City Attorney Penman stated that "live entertainment" included any live
performance, but clarified that karaoke is not covered by the entertainment
license; in fact, if an establishment has only karaoke, they do not need to apply
for a license.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-235 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. RES. 2002-228 - Resolution of the Mayor and Common Council of the City
of San Bernardino directing the City Clerk to continue the commencement
of each Mayor and Common Council meeting for the months of August
through December, 2002, from 8:00 a.m. to 1:30 p.m., with the Community
Development Commission meeting to follow thereafter.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-228 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
14. ORD. MC-1l28 - An Ordinance of the City of San Bernardino amending
Section 19.02.050 (Definitions) and Section V, Index, of the San Bernardino
Municipal Code (Development Code) to delete the term "transient basis".
FINAL READING
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-1l28 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
15. RES. 2002-229 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding contract to Dalaj International Corp. for
bridge seismic retrofit at four locations and replacement of rail barrier at
Rialto Avenue, per Plan No. 10309.
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 establish Account No. 242-362-5504-1748
in the amount of $223,200 and Account No. 129-367-5504-1748 in the amount
of $28,900 from Measure I funding in the FY 2002/03 budget and also increase
the corresponding revenue Account No. 242-000-4658 (Federal reimbursement)
by $223,200 to reflect the Federal reimbursement to be received for Rialto
Avenue at Burlington Northern Santa Fe Railroad Crossing (replace rail
barrier).
The motion carried and Resolution No. 2002-229 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
16. RES. 2002-236 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to International Pavement
Solutions, Inc. for construction of ADA access ramps, and sidewalks at
various locations, per Plan No. 10436.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-236 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
17. RES. 2002-230 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of 10'h Street from Montgomery
Street, West to "J" Street.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
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Resolution No. 2002-230 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18. RES. 2002-231 - Resolution of the City of San Bernardino preliminarily
determining that the public convenience and necessity require the formation
of a landscape maintenance assessment district located in the Ohio Avenue
and Walnut Avenue area without compliance with the Investigation,
Limitation and Majority Protest Act of 1931; declaring its intention to
proceed to order work within the district, to be known as Assessment
District No. 1028; preliminarily approving the Engineer's Report and giving
notice of a public meeting and public hearing.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-231 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
19. RES. 2002-237 - Resolution of the City of San Bernardino authorizing the
execution of a cooperative agreement between the City of San Bernardino
and the City of Colton for a traffic signal at Hunts Lane and Cooley Lane.
Council Member/Commissioner McGinnis stated he would abstain on this item
since the signal was adjacent to his homeowners association.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-237 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
McGinnis. Absent: None.
20. RES. 2002-232 - Resolution of the City of San Bernardino ordering the
summary vacation of an easement for the future extension of Indian Canyon
Court located across Lot 8, Tract 13470, in the City of San Bernardino.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that Plan No. 10499, depicting the proposed
summary vacation of the future extension of Indian Canyon Court, be approved;
and that said resolution be adopted.
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The motion carried and Resolution No. 2002-232 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
21. Proceed with proposed vacation - portions of Waterman Avenue frontage
road, south of Caroline Street, north of Union Pacific Railroad - approve
Plan No. 10421
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that the Director of Development Services and
the City Clerk be authorized to proceed with the proposed vacation of portions
of Waterman Avenue frontage road, south of Caroline Street, north of Union
Pacific Railroad, and that Plan No. 10421, depicting the proposed vacation, be
approved; and that the Director of Development Services be authorized to
prepare a lease agreement to be executed contingent upon completion of the
vacation.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
22. RES. 2002-238 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a Freewa)' Agreement with the State of
California, Department of Transportation (Caltrans) for the State Route
215 Freeway.
Council Member/Commissioner McCammack stated she would abstain on this
item since she owns property along the 215 Freeway.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-238 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson.
Nays: None. Abstentions: Council Member/Commissioner McCammack.
Absent: None.
23. Proceed with proposed vacation - portions of Rosewood Drive, between
Orchard Drive & Tippecanoe Avenue, and Orchard Drive, south of
Rosewood Drive - approve Plan No. 10503
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Director of Development Services be
authorized to proceed with the proposed vacation of portions of Rosewood
Drive, between Orchard Drive and Tippecanoe Avenue, and Orchard Drive,
south of Rosewood Drive; and that Plan No. 10503 depicting the proposed
vacation be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
24. RES. 2002-239 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase in the purchase order to W.
Wood and Associates for field restoration at the San Bernardino Soccer
Complex.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolution be adopted; and
that the Director of Finance be authorized to carryover $110,000 from
Development Services for FY 2001/02 budget in Account No. 001-183-5504 to
Parks FY 2002/03 budget in Account No. 001-382-5506.
The motion carried and Resolution No. 2002-239 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCarmnack. Nays: None. Absent: None.
25. RES. 2002-233 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Crest
Chevrolet for the purchase of two (2) 2003 15-passenger Express Vans to be
utilized by the Public Services Street Division.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-233 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
26. RES. 2002-234 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase of purchase order to E-W Truck
and Equipment Co. for the furnishing and delivery of one (1) 2003 Volvo
VHD64F 3 axle dump truck chassis to be utilized by the Public Services
Street Division.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-234 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
27. Public hearing - resolution imposing liens on real property located in the
City of San Bernardino for uncollected business registration fees
RES. 2002-240 - 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/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; that the City Clerk
be directed to administratively remove any properties which have been paid; and
that said resolution be adopted.
The motion carried and Resolution No. 2002-240 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
28. Public hearing - resolution amending Resolution No. 1999-173 to increase
administrative fees for business registration liens
RES. 2002-241 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution No. 1999-173 relating to
administrative fees for business registration liens.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2002-241 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
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29. Appeal hearing - Bureau of Franchise - Petition for Franchise Permit for
AAA Inland Empire Cab
Submitted into the record was a memorandum dated July 12, 2002, from Cindy
Buechter, Business Registration Supervisor, to the Mayor and Common Council
regarding the Appeal - AAA Inland Empire Cab Company.
Ms. Buechter advised that Bell/Yellow Cab had requested a continuance due to
the unavailability of their representative, 1\1r. Schaffer, who could not be
present today; however, AAA Inland Empire Cab expressed opposition to this
request and had asked that the matter be considered today as scheduled.
Attorney Mark Edwards of Mirau, Edwards, Cannon, Harter & Lewin,
representing AAA Inland Empire Cab, slated that they objected to the
continuance because the matter was delayed once at the request of Bell/Yellow
Cab before the Bureau of Franchises. He stated that their position is that the
City of San Bernardino continues to be under-served for taxicabs, and they
would like to address that as soon as possible; however, if the Council decided
to continue the matter, they would return and speak to the issue at the next
Council meeting.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued to the
Council/Commission meeting of August 5,2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
30. Resolutions submitting a ballot measure relative to the transient lodging tax
and calling a Special Municipal Election
RES. 2002-242 - Resolution of the City of San Bernardino submitting to the
qualified electors of said City for their approval a ballot measure relating to
the City's transient lodging tax; transmission of the proposed ballot
measure to the Office of the City Attorney for purposes of preparation of an
impartial analysis. (30A)
RES. 2002-243 - Resolution of the Mayor and Common Council of the City
of San Bernardino calling a Special Municipal Election on a proposed new
transient lodging tax and requesting that said City of San Bernardino's
Special Municipal Election be consolidated with the November 5, 2002
Statewide General Election conducted by the County of San Bernardino.
(30B)
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Council Member/Commissioner McCarmnack made a motion, seconded by
Council Member/Commissioner McGinnis, that said resolutions be adopted.
Resolution Nos. 2002-242 and 2002-243 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
31. Resolutions proposing an amendment to the Charter relating to the salary
of the Mayor and calling a Special Municipal Election
RES. 2002-244 - Resolution of the City of San Bernardino proposing an
amendment to the Charter of said City relating to the salary of the Mayor.
(31A)
RES. 2002-245 - Resolution of the City of San Bernardino submitting to the
qualified electors of said City for their approval a proposed Charter
Amendment relating to the salary of the Mayor; transmission of the
proposed Charter Amendment to the Office of the City Attorney for
purposes of preparation of an impartial analysis. (3IB)
RES. 2002-246 - Resolution of the Mayor and Common Council of the City
of San Bernardino calling a Special Municipal Election on a proposed
Charter Amendment relating to the salary of the Mayor and requesting that
said City of San Bernardino's Special Municipal Election be consolidated
with the November 5, 2002 Statewide General Election conducted by the
County of San Bernardino. (31C)
City Attorney Penman stated that he had used a formula previously proposed by
one of the Charter Review Committees that the Mayor's salary be established at
50 percent of a Superior Court Judge's salary, which would equate to $69,738
per year.
Mr. Penman distributed the results of a July 2001 survey which polled 500
likely voters. The results showed that 14 percent would not support any raise,
25 percent would approve $50,000-69,0000; 25 percent would approve
$70,000-80,000; 19 percent would approve $90,000-110,000; and 6 percent
would approve a salary of more than $110,000.
Mr. Penman suggested that in order to address not only a salary adjustment, but
salary increases as well, that the Council put this item on the ballot as proposed
(setting the Mayor's salary at 50 percent of a Superior Judge's salary) to go into
effect January I, 2003. If approved by the voters, then introduce another
Charter amendment which would increase the Mayor's salary 5 percent every
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two years for a period of 12 years until it reaches 80 percent of a Superior Court
Judge's salary.
He pointed out that tying the Mayor's salary to a percentage of what is earned
by a Superior Court Judge removes the "local politics" from the process
because a judge's salary is set by the State Legislature.
Council Member/Commissioner McCammack voiced support for Mr. Penman's
proposal.
Council Member/Commissioner Lien stated that she has always favored linking
salaries to some other index that deals with salary increases. She added that she
would be more inclined to having one item on the ballot that deals with both the
starting salary and the increase proposal as well. She stated that it could be
accomplished by placing the two items on the ballot separately, but she felt they
needed to be done together.
Council Members/Commissioners McGinnis and Suarez expressed support for
placing both the salary increase and regular raises before the voters at one time.
Discussion ensued regarding the pros and cons of both proposals. Council
Member/Commissioner Derry suggested that the Council support the proposed
Charter amendment and address the matter of periodic increases at a separate
meeting, stating that he felt the two items should be handled separately.
Council Member/Commissioner Estrada pointed out that if the issue is not only
about paying the current Mayor what she deserves, but also about attracting
qualified candidates for Mayor, that $69,000 might not be enough to do that.
She wondered if it would be possible to place a choice of two options on the
ballot, and the voters could pick the one they preferred.
City Attorney Penman advised that two alternatives could be put on the ballot,
and the alternative receiving the most votes would win. He pointed out,
however, that the three bottom bars of the salary survey graph equated to
exactly 50 percent (individuals who would support anywhere from $70,000 to
more than $110,000); however, polls have a margin of 3 percent error, and it
would only take one vote to drop it where it wouldn't pass. He expressed
concern that if the City attempts to bite off too much, it will end up with
nothing.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, expressed support of an
increase in the Mayor's salary and urged voters to vote "yes" when the time
comes. He stated that he would like to see two items or alternatives on the
ballot -one for $69,000 and the other for $100,000 and let the voters decide.
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Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolutions A-C be adopted.
Resolution Nos. 2002-244, 2002-245, and 2002-246 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
None.
32. Resolutions proposing an amendment to the Charter relating to the salary
of the Council Members and calling a Special Municipal Election
RES. 2002-247 - Resolution of the City of San Bernardino proposing an
amendment to the Charter of said City of San Bernardino relating to the
salary of Council Members. (32A)
RES. 2002-248 - Resolution of the City of San Bernardino submitting to the
qualified electors of said City for their approval a proposed Charter
Amendment relating to the salary of Council Members; transmission of the
proposed Charter Amendment to the Office of the City Attorney for
purposes of preparation of an impartial analysis. (32B)
RES. 2002-249 - Resolution of the Mayor and Common Council of the City
of San Bernardino calling a Special Municipal Election on a proposed
Charter Amendment relating to the salary of the Council Members and
requesting that said City of San Bernardino's Special Municipal Election be
consolidated with the November 5, 2002 Statewide General Election
conducted by the County of San Bernardino. (32C)
City Attorney Penman provided an overview of the staff report, stating that the
proposed resolutions regarding the annual salary of Council members were
structured in a similar fashion and with rationale consistent to that used for the
Mayor's salary. In the case of the Council members, it seemed appropriate to
use a four-to-one (4-1) ratio of Mayor's salary to Council members salary,
which equates to an annual salary of $17,434.50, or $1,452.87 per month.
He advised that if approved by the voters, the salary adjustment would become
effective January I, 2003. Thereafter, on January I of each successive year, the
annual salary of each Council member would be adjusted and implemented at 12
1/2 percent of the annual salary of a Superior Court Judge for the County of San
Bernardino then in effect on said January I date.
The Council members wanted the public to understand that they were not voting
today for a salary increase for themselves, but were voting to place the matter
before the voters for them to decide.
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Paul Sanborn, 3559 Genevieve, San Bernardino, CA, expressed support of an
increase in the Council members' salary, stating that they put in a lot of hours
and are currently paid only $50 per month.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Derry, that said resolutions A-C be adopted.
Resolution Nos. 2002-247, 2002-248, and 2002-249 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Lien,
McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
None.
33. RES. 2002-250 - Resolution of the Mayor and Common Council of the City
of San Bernardino adopting the 2002/2003 to 2006/2007 Capital
Improvement Program.
Council Member/Commissioner Lien asked staff to include in the CIP the dates
the projects are first brought forward in order to see the progress being made on
each project.
Council Member/Commissioner McCammack stated that she could see that
some of the issues discussed during the budget hearings regarding the Pavement
Management Plan were included in the CIP; however, she noticed that several
other streets had been removed from the original CIP document provided to the
Council.
Ms. McCammack expressed concern that some of the streets included as
priorities in the original CIP draft would be dropped or take a backseat, since
they were not listed in the finalized CIP, and she did not want to see this
happen. She stated that it was her assumption that these items had been
included in the CIP under the "Various Locations" category and that the
Council would be voting on these items individually and separately as they come
up, and this was confirmed by Ray Casey, City Engineer.
City Attorney Penman cautioned the Council members about voting on items
contained in the CIP where they might have a conflict of interest. He stated that
each Council member should have gone through the listed projects to make sure
that none of the projects are within 500 feet of property they own. He identified
several items in the Plan which might constitute a conflict for one or more of the
Council members.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
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7/15/2002
Resolution No. 2002-250 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None. (Note: Council Members
Estrada, Suarez, and Anderson abstained on Item No. 39 and Council
Member/Commissioner McCammack on Item No. 131 in the Streets and
Street Lighting category.)
34. RES. 2002-251 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the submittal and $30,000 local match
requirement for a grant application for the Environmental Justice: Context-
Sensitive Planning for Communities Program. (See Related Item No. 35)
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-251 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
35. Resolution of the Mayor and Common Council of the City of San
Bernardino approving the submittal and combined $60,500 local match
requirement of two grant applications for the Environmental Justice:
Context-Sensitive Planning for Communities Program. (Continued from July
I, 2002) (See related Item No. 34 for New Staff Report and Resolution title.)
Council Member/Commissioner Estrada 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, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
36. Authorization to proceed - proposed annexation of three County islands
located generally east of Central Avenue, north of Atlantic Avenue
(Continued from June 17, 2002)
City Attorney Penman stated that his wife owns a house in one of these County
islands; therefore, he was abstaining on this item and had asked Special Counsel
Sabo to advise the Council.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of August 5, 2002.
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The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Recess Meeting
At 5:10 p.m., Mayor Valles recessed the meeting to 7 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 7:18 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. Following roll call, the Mayor and Council considered those items remaining
on the City agenda, followed by the Planning and Community Development
Commission items.
Roll Call
Roll call was taken by Deputy City Clerk Medina with the following being present:
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Lien, McGinnis,
Derry, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk
Medina, City Administrator Wilson. Absent: None. (Note: Senior Assistant City
Attorney Carlyle and Special Counsel Sabo provided legal counsel for Community
Development Commission agenda item Nos. R38 through R42.)
37. Appeal - Planning Commission denial of Conditional Use Permit No. 02-01
- establishment of an indoor retail concession mall and pre-owned car sales
lot - southwest corner of "E" Street & South Mall Way
Mayor/Chairman Valles opened the hearing.
Submitted into the record was a memorandum dated July 15, 2002, from Valerie
Ross, City Planner, to the Mayor and Common Council regarding Revised
Conditions of Approval.
City Planner Ross reviewed highlights of the staff report with the Council,
including several very specific Conditions of Approval being required by staff.
She stated that the Planning Commission had discussed the proposal at length at
their meetings of June 4 and June 18, ultimately denying the application due to
their concern regarding the establishment of a discount mall at this location.
She stated that staff shares these concerns, particularly in light of their dealings
with other such establishments and their disregard for City requirements relative
to outside displays, storage, and signage.
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Ms. Ross advised that James Funk, Director of Development Services, had met
with Mr. Jara, the applicant, and had suggested certain provisions that would
help the aesthetics of the project, the perception of the project, and in particular
the functionality of the indoor retail concession mall. She noted that in the
revised Conditions of Approval staff clarified that the use of temporary signage
is applicable to the center only and not to the individual tenants. She advised
that staff has recommended deed restrictions for both uses (the discount mall
and the pre-owned car sales) that include all of the Conditions of Approval and
Standard Requirements, and have included language that the applicant shall
include the applicable provisions in the individual lease agreements with his
tenants.
Council Member/Commissioner McGinnis expressed his absolute and
unequivocal support and admiration of Mr. Jara and the work he has done in the
city. He stated that he had reviewed Mr. Jara's plans and visited his corporate
headquarters, and that his investment in the community is unequaled. Mr.
McGinnis stated that he had spoken with several of the surrounding merchants
including Mr. Parmar, General Manager of the Inland Center Mall, and Glenn
Moss, owner of Moss Motors, and they have all expressed their support of Mr.
Jara's project.
Council Members/Commissioners Suarez and Anderson also expressed their
support of Mr. J ara and his business ventures in the city of San Bernardino. It
was noted that he has an exemplary business record, always meeting, and often
exceeding, City requirements. They expressed confidence that this would be a
first -class venue and a benefit to the city of San Bernardino.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; that the Mayor
and Common Council grant the appeal based on the Findings of Fact (Exhibit
2), subject to the Conditions of Approval (Exhibit 6) and Standard Requirements
(Exhibit 2). (Note: The vote was taken following extended discussion.)
Council Member/Commissioner McCammack pointed out that when the
Planning Commission originally denied Mr. Jara's request they were acting on
the information they had at hand and were taking into account the proliferation
of 99-cent stores throughout the city. She added that the Planning Commission
and staff had asked Mr. Jara to "step up to the plate," and he has done this,
with plans to turn an area, which currently does not look very nice, into a
wonderful looking project.
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7/15/2002
Ms. McCammack inquired whether Mr. Jara had ever been in the used car
business and he replied in the affirmative. She stated that she would like to see
#39 of the Conditions of Approval changed because she thought it would be
very difficult to find cars in California that are 7 years old or less with less than
100,000 miles. Mr. Jara stated that he had agreed to this condition and would
abide by it.
City Attorney Penman pointed out that although he had no doubt that any
business operated or supervised by Mr. Jara would be well run, his feelings
regarding Mr. Jara are irrelevant. He stated that it was apparent from the
comments being made that the decision was being based on the individual, his
personality, and his past track record. He reminded the Council that they were
not being asked to award something to an individual, but to approve a
Conditional Use Permit (CUP), which has to do with a site; and if Mr. Jara sold
the property tomorrow, the use would continue. He cautioned the Council about
making a decision which would open up South E Street to the kind of businesses
(99-cent stores and discount malls) which are proliferate on Baseline Street and
Highland Avenue.
Council Member/Commissioner Estrada inquired whether it would be possible
to include in the Conditions of Approval that if Mr. Jara should decide to close
his business that the CUP would be rescinded; and City Planner Ross answered
in the negative. She reiterated, however, that staff had placed two conditions on
Mr. Jara-first, that he would file a deed restriction that lists all of the
Conditions of Approval. Then, any subsequent buyer would be fully aware of
those conditions from the very beginning. Secondly, that the applicable
provisions be included in the individual lease agreements. This would also be
recorded on the deed, if he chose to sell the property.
Council Member/Commissioner McGinnis noted that the subject property is
already zoned retail, and he asked Ms. Ross whether someone could put any
retail business in there that they want, without asking for the City's approval.
Ms. Ross confirmed that this was true. She stated that if Mr. Jara had come to
the counter and asked to make the whole building a one-tenant 99-cent store,
thrift store, or second-hand store, that it would have been an over-the-counter
zoning verification that would have been approved because it is permitted by the
Development Code. She added that the used car lot would require a conditional
use permit, but theoretically, he could put in two second-hand stores.
Pursuant to Resolution No. 2000-279, Deputy City Clerk Medina administered
an oath to the following individuals, who spoke in support of Mr. Jara and
the manner in which he conducts his business, that they would provide true
and honest testimony:
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7/15/2002
Jorge Avalos, 2665 Tungsten Court #3, San Bernardino, CA;
Darrin Land, 2765 W. Washington Street, San Bernardino, CA;
Frank Reyes, 11900 Honey Hills Drive, Grand Terrace, CA;
Jacob Orona, 795 S. Lugo, San Bernardino, CA;
Jose Olmos, 2439 W. Spruce, San Bernardino, CA;
Linda Jara, 37558 County Line Road, Yucaipa, CA;
Eloise Gomez Reyes, 290 North D Street #805, San Bernardino, CA;
Juan Polido, Jr., 9801 Almaria Avenue, Fontana, CA;
Mark Katilo, 408 S. Sierra Way, San Bernardino, CA; and
Joe Ramos, 2075 N. First Avenue, Upland, CA, architect on the project,
expressed his respect and understanding of the actions taken by the Planning
Commission and the comments made by City Attorney Penman. He spoke
regarding the stigmas that are sometimes connected to a project, stating that
there was never a sign for a 99-cent store outside-that it was for one of the
units within the mall. He reviewed the work involved and the steps taken by
Mr. Jara and himself to ensure a quality establishment; and pointed out that they
have agreed with every condition requested by staff.
Council Member/Commissioner Lien stated she respected the Planning
Commission's courage for taking a tough stand, because what they were really
responding to is a city-wide concern over the city's image. At the same time,
she would hate to see denial of what appears to be quality reuse, with a high
level of capital improvements, that has been tailored to look more like a small
strip mall than an indoor swap meet. She stated that she does not believe that
South E Street is going downhill, and she has to look at this project individually
for what it is.
She added that two and one-half years ago she could not get the issue of doing
something to limit the proliferation of thrift stores out of the Legislative Review
Committee; however, they will be looking at it again to see what can be done
about an over intensification of these particular kinds of stores.
Council Member/Commissioner McCammack questioned Mr. Jara about the
projected sales tax and his ability to ensure that the individual businesses within
the mall obtain their business registration certificates, obtain their seller's
permits, file with the State Board of Equalization, pay their applicable sales tax;
and maintain records of their individual register receipts. She questioned how
he was going to monitor that the indoor mall tenants are doing what needs to be
done in order for the City to realize the projected sales tax revenue.
Mr. Jara stated he did not know how much of that was his responsibility-that
he would provide all the communication cables and all the infrastructure that his
tenants need to have a phone system and to accept major credit cards. He stated
that he thought it was the responsibility of the State to oversee and monitor sales
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7/15/2002
tax. However, he would provide everything that the tenants need and will be
asking each one to have a cash register. He stated that he would ensure that
each tenant obtains a business registration certificate and a seller's permit and
will make sure that each one has a cash register; however, he did not believe he
had a responsibility to audit their receipts.
Council Member/Commissioner Estrada commented on the fact that if there are
55 independent merchants in this one building, with each business having 5
employees, this equates to 275 individuals who will be working, getting paid,
and then buying items in San Bernardino and thereby contributing to sales tax
generated for the City. She stated that this, too, must be considered when
looking at the overall profItability of the project.
At the request of Deputy City Attorney Empeno, City Planner Ross clarified one
of the Public Works standard requirements, specifically 2G, stating that she had
already discussed this with Mr. Jara and he had concurred with what staff was
proposing.
Council Member/Commissioner McGinnis amended his motion, seconded by
Council Member/Commissioner Anderson, that the hearing be closed; that the
Mayor and Common Council grant the appeal based on the Findings of Fact
(Exhibit 2), subject to the Conditions of Approval (Exhibit 6) as revised in the
memorandum dated July 15, 2002, from Valerie Ross, City Planner, to the
Mayor and Common Council, and Standard Requirements (Exhibit 2).
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R38. RES. CDC/2002-25 - A Resolution of the Community Development
Commission of the City of San Bernardino approving a new jobs
Redevelopment Grant Agreement by and between the Redevelopment
Agency of the City of San Bernardino and Rosina Gallardo, DBA Amapola
Rico Taco and authorizing the execution of the Grant Agreement by the
Executive Director on behalf of the Redevelopment Agency of the City of
San Bernardino.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. CDC/2002-25 was adopted by the following vote:
Council Members/Commissioners Estrada, Lien, McGinnis, Derry,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Suarez,
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R39. RES. CDC/2002-26 - Resolution of the Community Development
Commission of the City of San Bernardino authorizing the Executive
Director to execute Amendment No. 1 to the Redevelopment Planning and
Participation Agreement for the Santa Fe Depot Redevelopment
Implementation Area (Arthur Pearlman Corporation).
Arthur Pearlman, 1137 Second Street, Santa Monica, CA, stated that
approximately 15 months ago his company had asked for and received an
exclusive planning agreement to develop the 105 acres around the depot. He
provided an overview of their methodology and accomplishments thus far,
stating that most recently the focus had been on the El Tigre Market area and
working on a plan to integrate this shopping center with the historic depot.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2002-26 was adopted by the following vote:
Council Members/Commissioners Estrada, Lien, McGinnis, Derry,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Suarez,
R40. RES. 2002-252 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the application for grant funds for the
California Heritage Fund Grants Program under the Safe Neighborhood
Parks, Clean Water, Clean Air and Coastal Protection Bond Act of 2000 for
the rehabilitation and restoration of the California Theater.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-252 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R41. Downtown Paid Parking Pilot Program (Continued from June 17, 2002)
Submitted into the record was a memorandum dated July 15, 2002, from Huston
T. Carlyle, Jr., to James F. Penman, City Attorney, regarding the Downtown
Parking Study. Also submitted were two letters dated July 12, 2002, from
Salvatore F. Catalalno-one sent as General Manager of the Carousel Mall and
the other as President of the San Bernardino Downtown Business Association,
Inc.
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7/15/2002
Gary Van Osdel, Executive Director, Economic Development Agency, advised
that he had met with the Chamber of Commerce and Ralph Affaitati, President
of the Chamber of Commerce Board of Directors, and Sam Catalano, General
Manager of the Carousel Mall and President of the Downtown Business
Association. He stated that it was agreed that the issue needed to be studied,
and he was recommending that the Mayor and Common Council appoint a
committee of the stakeholders to develop a scope of the work. He added that
there are misgivings among the businesspeople in the city relative to paid
parking in the city.
Mr. Van Osdel stated that he would like to recommend that the Mayor and
Council authorize staff to retain the consulting firm of International Parking
Design, Inc., and put them together with an advisory committee appointed by
the Mayor.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Council authorize staff to
retain the consulting firm of International Parking Design, Inc., and put them
together with an advisory committee appointed by the Mayor. (Note: There
was no vote taken.)
Council Member/Commissioner Suarez voiced concern regarding the County
courthouse, stating that he felt part of the study should take their input under
advisement.
Council Member/Commissioner McCammack noted that the study
commissioned back in 1997 basically came to the conclusion that there is plenty
of parking available in the area. She questioned whether the Commission
should just ignore this previous information and spend another $20,000 to
possibly come to the same conclusion, or should the Commission spend $10,000
for the study, and then, if necessary, an additional $10,000 for the plan. It
seemed clear to her that they would have the same issues today that they had
back then.
Mr. Van Osdel stated that if the Commission had a problem with approval of the
plan being part of the motion, they could do the study first. He added that he
felt the people most concerned should work with staff on the scope of the plan.
Council Member/Commissioner Estrada stated that she had participated in the
meeting at the Chamber and both business and property owners want to have
input, and they should. She noted that there are several aspects of public
parking which need to be considered, even though most people think
"structures" when you talk about paid parking. She noted that the IPA Water
Plan called for several parking structures.
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7/1512002
Council Member/Commissioner Estrada made a substitute motion, seconded by
Council Member/Commissioner Lien, that the Community Development
Commission authorize and direct the Executive Director of the Economic
Development Agency to execute a Professional Services Agreement with
International Parking Design, Inc., to conduct a downtown parking study and to
prepare a downtown public parking operational plan.
Council Member/Commissioner Lien withdrew her second and the motion failed
for lack of a second.
Council Member/Commissioner Lien questioned whether the Parking
Commission still existed and whether they would playa role in this as well.
Mr. Van Osdel advised that the Parking Commission does still exist; however,
they have a problem because all the appointments have not been made by
members of the Council. He stated that they want to participate in the study and
that there certainly should be a place for them on any type of advisory
committee.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commission McCammack, that the Community Development
Commission authorize and direct the Executive Director of the Economic
Development Agency to prepare a Professional Services Agreement with
International Parking Design, Inc., to conduct a downtown parking study with a
scope of services to be prepared by Mayor-appointed stakeholders group,
subject to approval of such agreement by the Commission at a later date.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R42. RES. CDC/2002-27 Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Agency Executive Director or his/her designee to execute Amendment No. 1
to the 2001 Acquisition, Working Capital and Homebuyer Grant Assistance
Loan Agreement ("Loan Agreement") by and between the Redevelopment
Agency and the San Bernardino Mobile Home Park Corporation dated
January 8, 2001.
Executive Director Van Osdel stated he was a member of the Board of Directors
of the San Bernardino Mobile Home Park Corporation; therefore, he was
declaring a conflict of interest and had asked Maggie Pacheco, Director of
Housing and Community Development, to handle this item.
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7/1512002
Ms. Pacheco advised that this IS a technical change and does not increase
monetary impact to the Agency.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. CDC12002-27 was adopted by the following vote:
Council Members/Commissioners Estrada, Lien, McGinnis, Derry,
Anderson, McCammack. Nays: None. Absent: None.
Ayes:
Suarez,
43. Public Comments
Gil Navarro, Chairman, Mexican-American Political Association, P.O. Box
1396, San Bernardino, CA, accompanied by 10hn Neal, a former employee of
Berdoo Auto Body, 411 Sierra Way, San Bernardino, asked that Code
Compliance investigate for possible violations of City ordinances at Berdoo
Auto Body-that they are creating a hazardous work environment. He stated
that they had already contacted OSHA.
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed a handout
to the Council members and spoke regarding the problems of transporting
nuclear waste. He explained the inherent dangers if a breach of containment
were to occur as the waste is transported through the city and the Cajon Pass
area.
Rick Avila, Avila Construction, 4022 North F Street, San Bernardino, CA,
distributed a handout to the Council members and asked when the City was
going to stop retaliating against him and harassing him because of the lawsuits
he has filed against the City. He asked City Attorney Penman to explain
remarks he recently made regarding the statute of limitations having run out on
a sewer lateral problem that had recently arisen.
The Mayor assured Mr. Avila that the City was not harassing him, and Mr.
Penman advised that the City does not believe that Mr . Avila or the City is
responsible for the sewer lateral problem in question.
Steven Figueroa, President of MAPA Voter Registration and Education
Corporation, P.O. Box 3202, Victorville, CA, stated he was at the meeting to
support Mr. Avila and spoke regarding the amount of money spent on litigation
in the City, particularly in light of the high number of Hispanics involved in
these cases, and the selective enforcement and discrimination practiced by the
City. He also advised that MAPA does not recognize Mr. Gil Navarro as an
affiliate of the MAPA organization.
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Joe Ramirez, 6984 N. Little League, San Bernardino, CA, expressed concerns
regarding the crib lock wall at the back of residents' property in the Cincinnati
Street area in the Fifth Ward.
Joe Solis, 2734 Cincinnati Street, San Bernardino, CA, also expressed concern
regarding the criblock wall, stating that it was very big, hard to maintain, and
an eyesore for the neighborhood.
S I. Contract Amendments for the following positions: City Administrator,
Code Compliance Director, Fire Chief, Executive Director-EDA
Note: No backup material was submitted.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be continued to the
Council/Commission meeting of August 5,2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
S2. RES. 2002-253 - Resolution of the Mayor and Common Council of the City
of San Bernardino supporting the San Bernardino Police Department's
request to the California Highway Patrol for law enforcement assistance.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2002-253 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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44. Adjournment.
At 10:20 p.m., the meeting was adjourned. The next joint regular meeting of
the Mayor and Common Council and Community Development Commission is
scheduled for 8:00 a.m., Monday, August 5,2002, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
RACHEL G. CLARK
City Clerk
BY:~~W
Linda E. Hartzel,
Deputy City Clerk
No. of Items: 46
No. of Hours: 8
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