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HomeMy WebLinkAbout10-07-2002 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 7,2002 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. 2002-228, the City Clerk or her designee shall appear in the Council Chambers at 8:00 a.m. on the first and third Mondays during the months of October, November. and December, 2002, and shall continue each Mayor and Common Council meeting to 1:30 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 Pro Tem/ Acting Chairman Estrada at 1:35 p.m., Monday, October 7, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor Pro Teml Acting Chairman Estrada; Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: Mayor/Chairman Valles. I. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): laime 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; 1 10107/2002 City of San Bernardino v. CYSA-South San Bernardino Soccer Foundation, et al. - San Bernardino Superior Court Case No. CSB 213237; San Bernardino Redevelopment Agency v. William H. Cooper - San Bernardino Superior Court Case No. SCVSS 67622; Ronnie Lewis Bunse, et al. v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 084 509: Candice Dick v. City of San Bernardino, et al. - United States District Court Case No. EDCV 02-158 V AP (SGLx); Shallie Tomas, lr. v. Ray Louis Williams, Sr., et al. - San Bernardino Superior Court Case No. SCISS 087651. B. Conference with legal counsel - anticipated litigation - significant exposure to litigation - pursuant to subdivision (b) (I), (2), (3) (A-F) of Government Code Section 54956.9: Cypress Inn Mobilehomc Park and VanRossum claim. C. Conference with legal counsel - anticipated litigation - initiation of litigation - pursuant to subdivision (c) of Government Code Section 54956.9. D. Closed Session - personnel- pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: (I) Police negotiation issue from Ways & Means Committee (2) Fire negotiation issue - recommendation to hire outside counsel G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. City Attorney Penman announced that the following items would be discussed in closed sessIOn: 10hn Curran v. City of San Bernardino - Workers Compensation Appeals Board - Case Nos. SBR 0310989 and SBR 03100990; 2 10/07/2002 David M. Sanborn dba D.M. Sanborn Pipeline Contractors v. Avila Construction, Inc., - San Bernardino Superior Court Case No. SCVSS 078410; Marianne Barklage v. City of San Bernardilll~ - United States District Court Case No. SACV02-141 GLT (ANx); An EDA matter involving a property to be discussed under IC, Conference with legal counsel - anticipated litigation - initiation of litigation pursuant to subdivision (c) of Government Code Section 54956.9; A subrogation lawsuit to recover workers compensation benefits; Agenda Item No. 29 to be discussed under IB, 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. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular and supplemental agendas of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Pastor Matthew Witter of San Bernardino Baptist Church, followed by the pledge of allegiance, led by Council Member/Commissioner Derry. 2. Appointments - Bud Coffey, alternate member - Animal Control Commission - James Rook, member - Lynn Knutson, member - Community Food Policy Council - Mayor Valles Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that the appointments of Bud Coffey, as an alternate member of the Animal Control Commission, and lames Rook and Lynn Knutson, as members of the Community Food Policy Council, as requested by Mayor Valles, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 3. Presentations A proclamation designating October 6-12, 2002, as Fire Prevention Week was presented to Fire Chief Larry Pitzer and Fire Marshal Doug Dupree. 3 10/07 /2002 A proclamation designating the month of October as National Hispanic Heritage Month was read by lune Durr, Director of Marketing and Public Affairs. The Mayor's Neighborhood Pride Award was presented to Mrs. Doris Stringle and to Ms. Celita Gomez, her friend and tenant of 32 years, for maintaining a beautiful home on Magnolia Avenue in the Second Ward. Dr. Eric Frickman, Chief of Disease Control and Prevention, San Bernardino County Department of Public Health, commended the Over-the-Hill Gang Car Club, the Salute to the Route 66 Board of Directors, the San Bernardino Convention and Visitors Bureau, and the City of San Bernardino for their contributions to the Tobacco Free Cars Save Lives campaign. 4. Announcements Announcements were made by the Mayor Pro Tern and Common Council, elected officials, and the Chamber of Commerce regarding various civic, community, and Chamber events and activities. Fred Wilson, City Administrator, provided an update on the City's public works projects. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, 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 Lien, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: August 19, 2002; and September 9, 2002. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 4 10/07/2002 7. Claims & Payroll Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated October I, 2002 from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8. Personnel Actions Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that the personnel actions as submitted by the Chief Examiner dated October 2, 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. 2002-324 - Resolution of the City of San Bernardino approving the destruction of certain records no longer required to be maintained by the San Bernardino City Attorney's Office. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner McCarnmack, that said resolution be adopted. Resolution No. 2002-324 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 10. RES. 2002-315 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Attorney to increase the hourly rate paid to the law firm of Lewis, Brisbois, Bisgaard & Smith. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. Resolution No. 2002-315 was adopted by the following vote: Members/Commissioners Estrada, Lien, McGinnis, Derry, McCammack. Nays: None. Absent: None. Ayes: Council Suarez, Anderson, 5 10/07/2002 II. Set dinner workshop - November 18, 2002 - 5 p.m. - Economic Development Agency Boardroom - State Legislative Update Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that a dinner workshop be set for Monday, November 18, 2002, at 5 p.m. in the Economic Development Agency Boardroom for a State Legislative Update. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. RES. 2002-316 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the submittal of the SCAQMD Triennial Employee Trip Reduction Plan. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. Resolution No. 2002-316 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. Set joint Mayor and Common Council/Planning Commission workshop - October 21, 2002 - 5 p.m. - Economic Development Agency Boardroom - General Plan Update Status Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that the Mayor and Common Council set a joint workshop with the Planning Commission for October 21, 2002, at 5 p.m., in the Economic Development Agency Boardroom on the status of the General Plan Update. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. RES. 2002-317 - Resolution of the City of San Bernardino declaring its intention to order the vacation of a portion of Pico Avenue, south of Rialto Avenue, Belleview Street, east and west of Pico Avenue and that certain east/west alley, south of Rialto A venue and east of Pico Avenue. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. 6 10/0712002 Resolution No. 2002-317 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. Establish fair market values - acquisition of street and highway and slope and drainage easements - northerly of Kendall Drive, easterly of the Devil's Creek Flood Control Channel - construction of Campus Parkway (formerly referenced as the extension of Pepper Linden Drive) - authorization to acquire said easements RES. 2002-318 - Resolution of the City of San Bernardino establishing fair market value of a street and highway easement and slope and drainage easement across certain real property located generally northerly of Kendall Drive, easterly of Devil's Creek Flood Control Channel, commonly known as Assessor's Parcel Number 0261-231-06, relative to the extension of Pepper Linden Drive. (15A) RES. 2002-319 - Resolution of the City of San Bernardino establishing fair market value of a slope and drainage easement across certain real property located generally northerly of Kendall Drive, easterly of Devil's Creek Flood Control Channel, commonly known as Assessor's Parcel Number 0261-231-07, relative to the extension of Pepper Linden Drive. (15B) RES. 2002-320 - Resolution of the City of San Bernardino establishing fair market value of a slope and drainage easement across certain real property located generally northerly of Kendall Drive, easterly of Devil's Creek Flood Control Channel, commonly known as Assessor's Parcel Number 0261-231-27, relative to the extension of Pepper Linden Drive. (15C) Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that said resolutions A-C, be adopted; and that the Director of Development Services be authorized to proceed with the acquisition of street and highway and slope and drainage easements across certain parcels of real property located northerly of Kendall Drive, easterly of Devil's Creek Flood Control Channel, relative to the construction of Campus Parkway (formerly referenced as the extension of Pepper Linden Drive). The motion carried and Resolution Nos. 2002-318, 2002-319, and 2002-320 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16. RES. 2002-325 - Resolution of the City of San Bernardino approving the extension of the Professional Services Agreements with Willdan and Engineering Resources of Southern California, Inc. for Engineering Plan Checking Services and Development Review. 7 10/07/2002 Ray Casey, City Engineer, stated that this covered only expedited plan checking services and that a proposal covering normal plan checking services would come before the Council at a later date. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-325 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17. Reject all bids - authorize the Purchasing Manager to issue a new Request for Proposals - plumbing repairs & ADA modifications to restrooms and showers at Fire Station 224 Council Member/Commissioner McCarnmack stated that she understood that the Facilities Management Department received one bid that was $20,000 too high and included plans for only one shower rather than two as was called out in the specifications. She questioned whether the bid could be rejected since it did not meet the specifications and whether anything precluded staff from obtaining additional bids . since the RFP had already gone out. City Administrator Wilson stated that the bid could be rejected and indicated that there is a provision in the Municipal Code whereby the City can make emergency awards when health and welfare issues are present. Council Member/Commissioner McCammack inquired as to what could be done to hasten the process to provide adequate restroom facilities. City Attorney Penman stated that this was a liability issue and indicated that he could not imagine OSHA would look favorably upon two or three fire stations being without working shower facilities. It was the consensus of the Council that the City negotiate directly with a local vendor to do the work and that the matter be brought back to the Council as soon as possible. Council Member/Commissioner McGinnis asked if there were portable trailers containing shower facilities that could be used. Larry Pitzer, Fire Chief, stated that there are private vendors that have contracts with the U.S. Forest Service that travel to different fire locations. He indicated that it was a possibility they could consider. 8 10/07/2002 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council reject all bids; that staff be authorized to find a local vendor to perform the work; and that the matter be continued to a Council/Commission meeting on Friday, October 11, 2002, at 9 a.m. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 18. ORD. MC-1130 - Ordinance of the City of San Bernardino amending Chapter 15.16 of the San Bernardino Municipal Code and adopting the 2001 California Fire Code, with appendices, and incorporating by reference the 2000 Edition of the Uniform Fire Code Volume 1 with Errata of the Western Chiefs Association, and with necessary California Amendments, together with California Code of Regulations, Title 24, and the Uniform Fire Code Volume 2 Standards 1997 Edition as amended by the 2000 Uniform Fire Code Standards. FINAL READING City Attorney Penman noted the change that had been made on Page 22 of the Ordinance to read as follows: "Section 1006.2.9.3.2 of the California Fire Code is amended by adding the following: 1006.2.9.3.2 Power Source. " Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted, including the amendments to Chapter 15.16.170 of the San Bernardino Municipal Code. Ordinance No. MC-1I30 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: None. Council Anderson, 19. RES. 2002-326 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City of San Bernardino Fire Department to enter into an agreement with San Bernardino City Unified School District Adult School, to establish a Firefighter and Emergency Medical Technician (EMT) Academy. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-326 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: None. Council Anderson, 9 10/07/2002 20. Set public hearing - October 21, 2002 - 4 p.m. - proposed expenditure of monies allocated from the FY 2002/03 Local Law Enforcement Block Grant (LLEBG) Council Member/Commissioner McCarnmack stated that this item did not come before the Grants Committee and she had a concern that the motion was worded to set the public hearing to ratify the expenditure plan of the awarded Local Law Enforcement Block Grant funding for FY 2002/03. She indicated that she did not receive backup ratifying any expenditure plan. City Administrator Wilson stated that Ms. McCammack was correct and that this item was just setting a public hearing for the purpose of approving the expenditure plan. He suggested that the wording be changed in the motions for Agenda Item Nos. 20 and 21. Council Member/Commission McCammack had a concern as to why these items did not come before the Grants Committee. Mayor Pro Tern/ Acting Chairman Estrada stated that the Grants Committee could review the information at their next meeting. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council set a public hearing for Monday, October 21, 2002, at 4 p.m., for the purpose of approving the expenditure plan of the awarded Local Law Enforcement Block Grant (LLEBG) funding for FY 2002/03. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21. Set public hearing - October 21, 2002 - 4 p.m. - proposed expenditure of monies allocated from the FY 2002/03 Citizen's Option for Public Safety (COPS) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council set a public hearing for Monday, October 21, 2002, at 4 p.m., for the purpose of approving the expenditure of the awarded Citizen's Option for Public Safety (COPS) funding for FY 2002/03. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 10 10107/2002 22. Resolution of the City of San Bernardino accepting the FY 2002/03 High Technology Grant and authorizing the expenditure of the awarded grant funds in accordance to the Grant Expenditure Plan. Note: No backup material was received. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 23. RES. 2002-321 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor to execute an agreement with the San Bernardino Community College District allowing the District to use the City of San Bernardino Police Department's firing range. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. Resolution No. 2002-321 was adopted by the following vote: Members/Commissioners Estrada, Lien, McGinnis, Derry, McCarnmack. Nays: None. Absent: None. Ayes: Council Suarez, Anderson, 24. Resolution of the City of San Bernardino authorizing the execution of an agreement by and between the County of San Bernardino Fire Department and the Public Services Department of the City of San Bernardino to provide household hazardous waste collection center services and home generated sharps collection services. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of November 18, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 25. RES. 2002-322 - A resolution of the Mayor and Common Council of the City of San Bernardino approving a quitclaim deed to the State of California for a portion of easement rights for water line purposes as described in that certain agreement and grant of easement recorded on March 16, 1965 in Book 6589 at Page 451 of official records of San Bernardino County. 11 10/0712002 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Lien, that said resolution be adopted. Resolution No. 2002-322 was adopted by the following vote: Members/Commissioners Estrada, Lien, McGinnis, Derry, McCammack. Nays: None. Absent: None. Ayes: Council Suarez, Anderson, 26. Public hearing - Ohio and Walnut Landscape Maintenance Assessment District No. 1028 - Tract No. 14193 (Continued from September 9, 2002) Resolution of the City of San Bernardino finding and determining the existence of less than a majority protest, that ballots representing at least fifty percent (50%) affirmative votes for the proposed assessment have been received and that the public convenience and necessity require the maintenance of landscaping in the area of Ohio Avenue and Walnut Avenue, approving the final Engineer's Report, creating an assessment district to cover the costs of said maintenance, known as Assessment District No. 1028, ordering the work, confirming the 2003-2004 Assessment Roll, and determining that the Special Assessment, Investigation and Limitation Act of 1931 shall not apply. The public hearing remained open. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner McGinnis, that the public hearing relative to the formation of Assessment District No. 1028, be continued to the Council/Commission meeting of October 21,2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez. Anderson, McCammack. Nays: None. Absent: None. 27. Public hearing - acceptance of oral bids - sale of City parcels located at the southwest corner of Orange Show Road and Waterman Avenue (Continued from September 23, 2002) Mayor Pro Tem/Acting Chairman Estrada opened the public hearing. No public comments were received. lames Funk, Director of Development Services, recommended that the parcels be transferred to the Redevelopment Agency and suggested that the developer meet with Mr. Van Osdel to work out a development agreement. 12 10/0712002 Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the hearing be closed; and that the Director of Development Services be authorized to initiate the transfer of Parcel(s) One (APN 0136-431-34), Two (APN 0136-431-35), and Three (APN 0136-441-26) to the Redevelopment Agency. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 28. Public hearing - vacation of portions of Waterman Avenue frontage road - south of Caroline Street, north of Union Pacific Railroad RES. 2002-323 - Resolution of the City of San Bernardino ordering the vacation of portions of Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad (Plan No. 10421). Mayor Pro Tem/Acting Chairman Estrada opened the public hearing. No public comments were received. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Suarez, that the hearing be closed; that the Findings of Fact, as set forth in the staff report dated September 24, 2002, from lames Funk, Director of Development Services, as to why portions of Waterman Avenue frontage road, south of Caroline Street, north of Union Pacific Railroad, is no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2002-323 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 29. Public hearing - vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe Avenue - Orchard Drive, south of Rosewood Drive Resolution of the City of San Bernardino ordering the vacation of portions of Rosewood Drive, between Orchard Drive and Tippecanoe A venue and Orchard Drive, south of Rosewood Drive (Plan No. 10503). Mayor Pro Tern/Acting Chairman Estrada opened the public hearing. 13 10/07/2002 Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Lowell R. Wedemeyer, 719 Yarmouth Road, Suite 204, Palos Verdes Estates, CA, representing lAKS, LLC, had concerns with access at the westerly end of the proposed new Harriman Place. He stated that his client still owns land in the area and is seeking to preserve its ownership against condemnation. Mr. Wedemeyer suggested that Lots 62 through 76 be vacated on Rosewood, but that Lots 77, 78, and Orchard be omitted pending the outcome of the condemnation action. City Attorney Penman suggested that staff meet with Mr. Wedemeyer on Wednesday, October 9, 2002, at 2 p.m. in the City Attorney's Office to discuss his concerns and recommended that the matter be continued. Arthur L. Pearlman, 1137 Second Street, Santa Monica, CA, developer of the property, stated that they could not begin work unless and until Rosewood obtained a vacation. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Suarez, that the matter be continued to the Council/Commission meeting of October 21,2002. Council Member/Commissioner McGinnis suggested having a special meeting on Friday, October II, 2002, at 9 a.m. Council Member/Commissioner McCarnmack anlended her original motion, seconded by Council Member/Commissioner Suarez, that the matter be continued to a Council/Commission meeting on Friday, October II, 2002, at 9 a.m. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 30. Appeal hearing - Bureau of Franchises' decision to grant Bell Cab/Yellow Cab a permit to operate an additional 25 taxicabs in the City of San Bernardino Mayor Pro Tern/Acting Chairman Estrada opened the public hearing. City Attorney Penman informed the Mayor Pro Tern and Council that they were sitting as a quasi-judicial body to hear an appeal of the decision of the Bureau of Franchises, which awarded 25 additional taxicabs to the Bell Cab/Yellow Cab Company, that was filed by AAA Inland Empire Cab Company. He stated that their role was to make a decision whether to uphold the decision of the Franchise Board or to overturn the decision and award 25 taxicabs to AAA Inland Empire Cab Company. 14 10/07/2002 City Clerk Clark summarized the sequence of events since the initiation of the application. She stated that the Bureau approved a motion to grant the additional 25 taxicabs to Bell Cab/Yellow Cab and required that the following service levels be addressed: I. A 10-15 minute response time 2. Providing handicap accessible vans 3. Uniformed drivers 4. Cab stands in the City of San Bernardino 5. Providing child safety seats 6. Ensuring that all drivers are licensed In addition, City Clerk Clark stated that Bell/Yellow Cab will be required to post a complaint process in each vehicle for customer complaints and that the Franchise Board will review their decision in six months. Council Member/Commissioner Suarez stated that he would be abstaining on this matter because of a business relationship with Mr. Lemann, the attorney representing Bell Cab/Yellow Cab. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Peter Withers, Vice President of AAA Inland Empire Cab Company, stated that the Mayor and Council voted unanimously to approve a resolution and found that further service in the nature proposed by AAA Inland Empire Cab was required by the public convenience and necessity and that the taxicab service being rendered by the current provider was inadequate. He stated that the vote was based on evidence that demonstrated that the current monopoly franchise holder, Bell Cab/Yellow Cab, had failed to meet the standard of service it had promised the Bureau of Franchises in 1998. Mr. Withers stated that the citizens of San Bernardino have been disenfranchised. He stated that AAA Inland Empire Cab Company met the high standard of proof required of a competing franchise applicant by the City's ordinance. Without the franchise application of his company and the potential for taxicab competition, Mr. Withers stated that none of the evidence would have come before the Council. He stated that Bell Cab/Yellow Cab failed to meet the responsibility of public convenience and necessity. He stated that in order to meet public convenience and necessity, in order to meet public demand and ensure that an adequate service was provided, the Council directed that an additional 25 taxicabs be licensed. Mr. Withers asked the Council to solve the problem of inadequate service and permit AAA Inland Empire Cab Company to operate 25 taxicabs in the City of San Bernardino. 15 10/07/2002 Mark Edwards, attorney representing AAA Inland Empire Cab Company, referenced Municipal Code Section 5.76.060, which prohibits the City from franchising more than one taxicab for every 2,500 residents. Using the City's population from the 2000 Census, that means that San Bernardino could have a maximum of 74 taxicabs. He stated that Bell Cab/Yellow Cab currently has a franchise for 45 taxicabs and the 25 additional taxicabs the Council authorized in August brings the total to 70-only 4 short of the maximum number allowed. Therefore, Mr. Edwards stated that if the 25 taxicabs are awarded to Bell Cab/Yellow Cab, there will not be a realistic opportunity for any other taxicab company to compete in the City of San Bernardino. He stated that since Bell Cab bought out its only competition, Yellow Cab, more than four years ago, they have consistently provided a poor level of service. He stated that it was the threat of competition that has made Bell Cab/Yellow Cab suddenly care about the quality of their service. Wilfrid Lemann, attorney representing Bell Cab/Yellow Cab, stated that five years ago the City Council and the Bureau of Franchises, which was staffed at the time by Lee Gagnon, insisted as a prerequisite to receiving the franchise from the City, that they purchase and put into effect a piece of computerized equipment that cost in excess of $400,000 to monitor every telephone call, every response, and every complaint that was registered. Mr. Lemann stated that Bell Cab/Yellow Cab has that computer and has a record of every call and every complaint that was registered. Mr. Lemann stated that the Mayor Pro Tern and Council were provided a copy of business cards of the hotels that were polled by Mr. Schaffer who indicated there were no problems with taxi service in the City, a letter dated 1017/02 from Ananth Patel from the Budget Inn, who stated he was pleased with the service provided by Bell Cab/Yellow Cab, and a summary of the items the Bureau of Franchises had requested be implemented titled, Bureau of Franchise Time Line. Other documents submitted into the record were: an article from the Daily Bulletin dated February 22, 2000, titled, 2 Cab drivers shot, killed 2 hours apart; a letter from 10sh Neumeyer, dated August 29, 2002, addressed to Rusty Deaton of Yellow Cab; a letter from Lynn Rojas, dated September 10, 2002, addressed to the Bureau of Franchises; and several photographs of AAA Inland Empire Cab Company's taxi yard. Mr. Lemann stated that Bell Cab/Yellow Cab purchased the competition several years ago because there wasn't room for two cab companies. He stated that Bell Cab/Yellow Cab is prepared to do whatever the City Council wants in terms of monitoring, control, and service and they agree that there should be a legislative review of the ordinance. Mr. Lemann stated that at the end of the six-month timeline imposed by the Franchise Bureau, they would be prepared to meet any RFP put out by the City for the purposes of a taxicab franchise. 16 10/07/2002 Scott Schaffer, Bell Cab/Yellow Cab, 1510 W. Fifth Street, San Bernardino, CA, addressed some of the issues expressed by Mr. Edwards such as licensed drivers, car seats, and service to the disabled. He stated that they have come up with a plan to improve service, at least during the six-month period while the Legislative Review Committee reviews the ordinance and compiles recommendations to upgrade the service over and above current levels. Mr. Schaffer stated that they appeared before the Franchise Bureau with concrete plans, consistent with the City Council's direction, to provide additional vehicles and additional drivers, including part-time drivers; improve response times; and enhance their community-advertising program. He stated that he believes there should be an independent evaluation of customer complaints, public review of the ordinance, and streamlining of the driver application process. Mr. Schaffer stated that because the taxicab drivers are independent contractors, he could not mandate them to wear uniforms; however, the City could require a uniform standard as part of the ordinance. In summation, Mr. Schaffer requested that they be granted the ability to provide service with 25 additional taxicabs. Larry Jacobsen, Manager of the off-track wagering center at the National Orange Show Sports Center, 930 S. Arrowhead, San Bernardino, CA, stated that his patrons have had numerous problems with taxicabs not showing up. Randy Walker, 1422 E. 9th Street, Apt. 84, San Bernardino, CA, stated that because he is handicapped, he has been stood up several times by Bell Cab/Yellow Cab. John Anaya, Sr., a volunteer advocate for Americans with Disabilities, 1450 N. La Cadena Dr., Colton, CA, stated that adequate transportation for the disabled is a major problem in the City of San Bernardino. Stephen Peterson, Private Investigator, 638 N. "D" Street, San Bernardino, CA, stated that he was retained to investigate some allegations about taxicabs operating within the City limits that did not have a permit to do so. Alfred Persson, owner and operator of Yellow Cab in Hemet, 147 S. Juanita Street, Hemet, CA, spoke in support of Bell Cab's application for more taxicabs. Rusty Deaton, Yellow Cab Marketing Director, stated that they are very active in the community. She acknowledged that taxi stands are needed in the City. Mayor Pro Tern/Acting Chairman Estrada questioned whether it would be more advantageous to have an independent study prepared. 17 10/07/2002 City Attorney Penman stated that the role of the Council was to either uphold or overturn the decision of the Franchise Bureau and once that decision is made, they could deal with the issue of the conditions that were imposed by the Franchise Bureau. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; and that the Mayor and Common Council grant the appeal for AAA Inland Empire Cab Company to operate 25 taxicabs in the City of San Bernardino by awarding a Petition for Franchise Permit to AAA Inland Empire Cab Company, including the six conditions imposed by the Franchise Bureau. Due to significant exposure to litigation from statements being made, City Attorney Penman requested that the Mayor Pro Tern and Council proceed to closed session. Council Member/Commissioner McCammack amended her original motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; and that the Mayor and Common Council grant the appeal for AAA Inland Empire Cab Company to operate 25 taxicabs in the City of San Bernardino by awarding a Petition for Franchise Permit to AAA Inland Empire Cab Company. The motion failed by the following vote: Ayes: Council Members/Commissioners Lien, Anderson, McCarnmack. Abstentions: Council Member/Commissioner Suarez. Nays: Council Members/Commissioners Estrada, McGinnis, Derry. Absent: None. City Attorney Penman announced that due to there being a tie vote, the Bureau of Franchises' decision would stand and Bell Cab/Yellow Cab would be granted a permit to operate an additional 25 taxicabs in the City of San Bernardino, and that the Bureau of Franchises would review their decision in six months. Recess Meeting At 6: 12 p.m., Mayor Pro Tern/Acting Chairman Estrada recessed the meeting to the dinner workshop in the Economic Development Agency Boardroom. At 7:17 p.m., the meeting reconvened and the remaining City items were discussed. 31. Resolution of the City of San Bernardino authorizing the Mayor of the City of San Bernardino or her designee to execute a contract with the County of San Bernardino to provide youth mentoring services as part of the County FOCUS Project grant for the period of August 1, 2002 through June 30, 2003. (Continued from September 23,2002) City Attorney Penman stated that he needed more information on this matter. 18 10/07/2002 Council Member/Commissioner McCammack made a motion, Member/Commissioner Anderson, that the matter be Council/Commission meeting of October 21,2002. seconded by Council continued to the The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 32. Consideration and approval - resolutions and agreements and related documents to supply sewer service to the area known as the "Donut Hole" (Continued from September 23, 2002) Submitted into the record was a memorandum to the Board of Directors of the Redlands Association from John G. McClendon of Van Blarcom, Leibold, McClendon & Mann, dated October 4, 2002, regarding Potential CEQA Problems for the City of San Bernardino. Staff recommended that this matter be continued to the first meeting in November. A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement for sewer service between the City of San Bernardino, the City of San Bernardino Municipal Water Department and County Service Area 70, Improvement Zone EV-l. (32A) A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Inducement Agreement between the City of San Bernardino and the County of San Bernardino. (32B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of November 4, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 33. Authorization for the Mayor of the City of San Bernardino to send a letter of protest to the Board of Supervisors of San Bernardino County and to the San Bernardino County Ethics Officer notifying them of alleged improprieties in the site selection process of the temporary housing of court facilities in downtown San Bernardino (Continued from September 23,2002) Note: No backup material was submitted. 19 10/07/2002 Staff recommended that this matter be continued to the first meeting in November. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of November 4, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 34. Legislative Task Force update Council Member/Commissioner Lien stated that because the minutes of the Legislative Task Force had not been included in the backup, she recommended the matter be continued. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to the Council/Commission meeting of October 21, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 35. Dinner workshop - October 7, 2002 - 5 p.m. - Economic Development Agency Boardroom - presentation on Homeland Security A workshop on Homeland Security and Emergency Preparedness in San Bernardino was presented by the Police and Fire Departments. No action was taken. 36. Public hearing - General Plan and Development Code Amendments to create a Residential Student Housing land use designation - Conditional Use Permit to allow the construction of a student housing project Note: The resolution and ordinance were not submitted with the backup material. City Attorney Penman stated that there is a legal issue as to how any approvals could be worded to ensure that at some point in time the student housing does not become apartments. He recommended that the matter be continued to the first meeting in November. 20 10/07/2002 Resolution of the City of San Bernardino adopting General Plan Amendment No. 01-06 to the General Plan of the City of San Bernardino, to add the Residential Student Housing designation, and assign this designation to 8.28 acres on the south side of Northpark Boulevard, east of Universit), Parkway. (36A) An ordinance of the City of San Bernardino amending Section 19.02.050 (Definitions) and Chapter 19.04 (Residential Districts) Section 19.04.020, Table 04.01 (Permitted Uses), Table 04.02 (Specific Standards), and Section 19.04.030 (Development Standards) of the San Bernardino Municipal Code (Development Code) to add text related to definitions, requirements and standards for student housing projects. FIRST READING (36B) Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner McCammack, that the matter be continued to the Council/Commission meeting of November 4, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. At 8: 17 p.m., the Community Development Commission items were considered. Staff Present Mayor Pro Tern/Acting Chairman Estrada; Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, and Economic Development Agency Executive Director Van Osdel. Absent: Mayor/Chairman Valles. R37. RES. CDC/2002-30 - Resolution of the Community Development Commission of the City of San Bernardino approving a Property Owner Redevelopment Agreement by and between the Redevelopment Agency of the City of San Bernardino and BP California, A California Corporation, and authorizing the execution of the Agreement by the Executive Director on behalf of the Redevelopment Agency of the City of San Bernardino. (Continued from September 23, 2002) Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. CDC/2002-30 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 21 10/07/2002 R38. RES. CDC/2002-31 - A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Executive Director of the Economic Development Agency to execute the Amendment No. 1 to the Rosenow Spevacek Group, Inc. (RSG) Consultant Services Agreement, in the amount of not to exceed $34,000, relative to plan amendments for Central City North and Uptown Redevelopment Project Areas. Council Member/Commissioner McCarnmack indicated that she would be abstaining on this matter, as she owns several parcels of land that are included in the Uptown Redevelopment area. Council Member/Commissioner Lien made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. CDC/2002-31 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, Anderson. Abstentions: Council Member/Commissioner McCammack. Nays: None. Absent: None. 39. Public Comments Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, spoke regarding the nuclear waste transportation issue. Lawrence Taylor, 470 W. 17'h Street, San Bernardino, CA, stated that his neighbors had concerns regarding hazardous waste and blight caused by an apartment complex fire at 6th and "E" Streets. Anita Glaszko, Have Fun Productions, 15525 Oakhurst Street, Chino Hills, CA, announced that the First Annual Pre-Thanksgiving Oldies But Goodies Concert and Classic Car Show would be held at Arrowhead Credit Union Park on Saturday, November 23, 2002, and that the proceeds would be donated to two children's charities. Mark Westwood, 1670 N. Lugo Avenue, San Bernardino, CA, Second Ward Parks & Recreation Commissioner, announced the 2nd Annual San Bernardino Jazz Festival at Perris Hill Park on November 2, 2002. S 1. Report on possible California Political Reform Act violations at City of San Bernardino Planning Commission meetings, and on possible recurring violations Submitted into the record was a letter to Steven Russo, Fair Political Practices Commission, from Henry Empeiio, Deputy City Attorney, dated October 7, 2002, 22 10/07/2002 regarding Certain Actions of Planning Commissioner James P. Morris on June 4, 2002; June 19, 2002; August 20,2002; and, September 17,2002. City Attorney Penman reviewed the series of events outlined in the letter to the Fair Political Practices Commission. He stated that he considers this a serious problem that has created an ongoing record with this project and possibly with future projects where this Commissioner's law firm is involved. No action was taken on this matter. S2. RES. 2002-327 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Best, Best & Krieger and the City of San Bernardino for an analysis of the proposed San Bernardino City Professional Firefighters' Welfare Benefit Plan and San Bernardino City Professional Firefighters' Welfare Benefit Plan and Trust-Trust Agreement. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2002-327 was adopted by the following vote: Ayes: Members/Commissioners Estrada, Lien, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: None. Council Anderson, S3. Progress report on General Plan - take possible action Note: No backup material was submitted. City Attorney Penman stated that he had been contacted by some of the developers that have been informed that the General Plan is being delayed by at least two months and possibly longer due to the fact that the Development Services Department is greatly overworked and understaffed. Mr. Penman suggested that the matter be continued to Friday, October 11, 2002. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Derry, that the matter be continued to a Council/Commission meeting on Friday, October 11, 2002, at 9 a.m. The motion carried by the following vote: Estrada, Lien, McGinnis, Derry, Suarez, Absent: None. Ayes: Council Members/Commissioners Anderson, McCammack. Nays: None. 23 10/07/2002 40. Adjournment At 9: 14 p.m., the meeting adjourned to 9 a.m. on Friday, October 11, 2002, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California, for the purposes of taking up Agenda Item Nos. 29 and S3. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 8:00 a.m., Monday, October 21, 2002, in the Council Chambers of City Hall, 300 North "D" Street. However, the Mayor and Common Council will adjourn the meeting until 1:30 p.m. at which time closed session matters will be discussed. The public portion of the meeting will begin at 3:00 p.m. RACHEL G. CLARK City Clerk BY~~) Lmda Sutherland Deputy City Clerk No. of Items: 43 No. of Hours: 7.3 24 10/07/2002