HomeMy WebLinkAbout11-18-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
NOVEMBER 18, 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 in 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/Chairman Valles at I :31 p.m., Monday, November 18, 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/Chairman Valles; Council Members/Commissioners Estrada, Derry, Suarez,
Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Council Members/Commissioners Lien, McGinnis.
I. Closed Session
Pursuant to Government Code Sections:
A. Conference with legal counsel - eXlstmg 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, el al. v. City of San Bernardino, et
at. - 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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11/18/2002
San Bernardino Redevelopment Agency v. William H. Cooper - San
Bernardino Superior Court Case No. SCVSS 67622;
David M. Sanborn v. Avila Construction, et al. - San Bernardino
Superior Court Case No. SCVSS 078410;
The Redlands Association v. City of San Bernardino and its Municipal
Water Department - San Bernardino Superior Court Case No. SCVSS
096182.
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: Cypress Inn Mobilehome Park and
Van Rossum 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:
(1) Fire negotiation issue
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Pravin D. Patel, et al. v. City of San Bernardino - Ninth Circuit Court of
Appeals Case No. 01-55280; and
Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino Superior
Court Case No. SCVSS 034774.
Under Agenda Item I.B., significant exposure to litigation:
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Three claims related to former police officer Van Rossum: Ellen Marie Treas,
Angela Vandiver, and Salina Ruth Molina; and
Three possible causes of action by employees of the Animal Control Office
against the City of San Bernardino.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council and Community
Development Commission.
Council Member/Commissioner Lien Arrived
At 2:29 p.m., Council Member/Commissioner Lien arrived at the Council/Commission
meeting.
Invocation/Pledge of Allegiance
The invocation was given by Reverend David Randolph, Chaplain, San Bernardino
Community Hospital, followed by the pledge of allegiance, led by Nicole Renella of
Arroyo Valley High School.
Moment of Silence
Mayor/Chairman Valles extended her condolences to the family of Herbert Fischer,
long-time businessman in the community who owned Flowerland nursery on Highland
Avenue and father of Dr. Herb Fischer, Superintendent of San Bernardino County
Schools, and requested a moment of silence in his memory.
The Mayor and Council also extended their condolences to the families of Margaret
Curlin, mother of former Councilman Frederick Curlin; Mrs. Dee Baugh, mother of
Dr. Wilson Baugh; and C. Dean Walker, who worked at the insurance firm of Morgan
and Franz for many years and was active with the Boy Scouts and had served on the
Board of the Home of Neighborly Service.
2. Appointments
Gwen Terry - Community Television Commission - Council Member
McGinnis
Ernest Ponce - Bureau of Franchises - Council Member McCammack
Marilyn Patterson - Parks and Recreation Commission - Council Member
McCammack
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11/18/2002
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the appointments of Gwen Terry
to the Community Television Commission, Ernest Ponce to the Bureau of
Franchises, and Marilyn Patterson to the Parks and Recreation Commission, as
requested by Council Members McGinnis and McCammack, be approved.
The motion carried
Members/Commissioners
McCammack. Nays:
McGinnis.
by the following
Estrada, Lien,
None. Absent:
vote:
Derry,
Council
Ayes: Council
Suarez, Anderson,
Member/Commissioner
3. Presentations
Peggi Hazlett, Assistant to the Mayor, presented certificates and City pins to the
following members of the 200212003 Mayor's Youth Council: Victoria Jimenez
and Erniesha Zimmerman, Arrowview Middle School; Tiffany Lightle and
Donick Slaick, Curtis Middle School; Vicky Chiem and Travis Kinser, Del
Vallejo Middle School; La'Keshia Overstreet and Alexis Sulaeman, Golden
Valley Middle School; Marvin Alcala and Taylor Kern, Serrano Middle School;
Eva Morgan and Brittany Richardson, Shandin Hills Middle School; Nicole
Renella, Arroyo Valley High School; Isabel Seward, Cajon High School;
Maribel Alba, Middle College High School; Amber Gibson and Gregory Sack,
Pacific High School; Anibal Reyes, San Andreas High School; Adam Iqueda,
San Bernardino High School; Jake Barela and Alicia Bennett, Sierra High
School.
City Attorney Penman presented the official City Attorney's Office "Tiger
Award" to Deputy City Attorney Michael Reiter for his work on three cases,
one of which saved the City over $1 million.
Nick Gonzalez, Assistant to the Mayor, introduced the following students who
participated in the recent "Celebration of Cultures and Languages" - from
Arroyo Valley High School Gabriella Vasquez, Lucy Orozco, and Miguel
Amaya; Deanna Nazzal from Cajon High School; and Xavier Castro, a sixth
grader at King Middle School. The students repeated their presentations in their
native languages and in English for the Mayor and Common Council.
Members of the Youth Neighborhood Cluster Association of Blair Park
presented a Certificate of Acknowledgement to Council Member Joe Suarez,
Tony Valencia of the Carousel Mall, and Lori Ann Wood, a resident of
Riverside, in recognition of the many times they have supported their youth
meetings and fundraisers.
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11/18/2002
David Pruitt, Executive Assistant to the Mayor, read the name of the following
individual who was presented a service pin award by Mayor Valles in
recognition of his many years of dedicated service to the City:
Name
Richard Chandler
Department
Police
Years of Service
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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 Estrada, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common
Council/Community Development Commission be waived.
The motion carried
Members/Commissioners
McCammack. Nays:
McGinnis.
by the following
Estrada, Lien,
None. Absent:
vote:
Derry,
Council
Ayes: Council
Suarez, Anderson,
Member/Commissioner
6. Claims & Payroll
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated November 4,
2002 from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following
Members/Commissioners Estrada, Lien,
McCammack. Nays: None. Absent:
McGinnis.
vote:
Derry,
Council
Ayes: Council
Suarez, Anderson,
Member/Commissioner
7. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions as submitted by the
Chief Examiner dated November 13, 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.
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The motion carried
Members/Commissioners
McCammack. Nays:
McGinnis.
by the following
Estrada, Lien,
None. Absent:
vote:
Derry,
Council
Ayes: Council
Suarez, Anderson,
Member/Commissioner
8. ORD. MC-1133 - An Ordinance of the City of San Bernardino adding
Subsection "C" to Section 10.24.190 of the San Bernardino Municipal Code
relating to commercial vehicles prohibited on certain streets. FINAL
READING
Council Member/Commissioner McCammack stated that she would abstain on
this item since one of the streets is within 500 feet of her residence.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-1133 was adopted by the following vote: Ayes:
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson.
None. Abstentions: Council Member/Commissioner McCammack.
Council Member/Commissioner McGinnis.
Council
Nays:
Absent:
9. ORD. MC-1132 - 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.
FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be adopted.
Ordinance No. MC-1132 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
10. RES. 2002-365 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Pete & Sons Construction, Inc.,
for Safe Route to Schools (SR2S) on Mt. Vernon Avenue and "L" Street at
9th Street, per Plan No. 10459.
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Suarez, that said resolution be adopted.
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Resolution No. 2002-365 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
11. RES. 2002-360 - Resolution of the City of San Bernardino establishing fair
market value of certain real property located at the northeast corner of 2nd
Street and Viaduct Boulevard, being a portion of real property commonly
known as Assessor's Parcel Number 0138-263-02, relative to the extension
of Giovanola Avenue.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Development Services be authorized to proceed with the acquisition
of real property located at the northeast corner of 2nd Street and Viaduct
Boulevard.
The motion carried and Resolution No. 2002-360 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez,
Anderson, McCarnmack. Nays: None. Absent: Council
Member/Commissioner McGinnis.
12. RES. 2002-361 - Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution ... designating certain
streets, or portions thereof as through highways..." and authorizing the
installation of a two-way stop at the intersection of Twentieth Street and
Pershing Avenue.
Council Member/Commissioner Anderson maue a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-361 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
13. RES. 2002-362 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to International Pavement
Solutions, Inc. for construction of street and drainage improvements on
Meridian Avenue and Poplar Street per Plan 10505.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
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Resolution No. 2002-362 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCarnmack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
14. Reject all bids - Timber Creek improvements between Lena Road and Twin
Creek - Plan No. 10069 - direct staff to re-bid project
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada that the Mayor and Common Council reject all
bids for Timber Creek improvements between Lena Road and Twin Creek per
Plan No. 10069 and direct staff to re-bid the project as described in the staff
report dated October 18, 2002, from James Funk, Director of Development
Services.
The motion carried by
Members/Commissioners
McCammack. Nays:
McGinnis.
the following
Estrada, Lien,
None. Absent:
vote:
Derry,
Council
Ayes: Council
Suarez, Anderson,
Member/Commissioner
15. RES. 2002-363 - Resolution of the City of San Bernardino authorizing the
execution of a License Agreement with the San Bernardino Valley
Municipal Water District, for the construction of monitoring wells in
various locations around the City.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-363 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
16. RES. 2002-364 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to issue a purchase
order to Life Safety System in the amount of $38,678.00, Aramsco in the
amount of $33,040.24, L. N. Curtis & Sons in the amount of $112,015.83,
Safeware in the amount of $39,151.51 and Jorgensen in the amount of
$5,631.31 for Domestic Preparedness equipment.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
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Resolution No. 2002-364 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
17. RES. 2002-366 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to a purchase order, with one
one-year renewal option, to West Valley MRF, LLC for processing the
City's green waste and wood waste; and authorizing the Finance Director to
pay outstanding invoices in FY 01-02 to West Valley MRF, LLC.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-366 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
18. Public hearing - consider adjustment of various City fees
A Resolution of the City of San Bernardino establishing certain fees for
services furnished by the City of San Bernardino, and repealing Resolution
No. 99-193, Resolution No. 2002-241, and Resolution No. 2001-273.
Mayor/Chairman Valles opened the hearing.
City Administrator Wilson advised that additional research was needed prior to
taking action on this matter and requested a continuance.
Council Member/Commissioner Lien made a motion, seconded by Council
Member/Commissioner Estrada that the matter be continued to the
Council/Commission meeting of December 2, 2002.
The motion carried
Members/Commissioners
McCammack. Nays:
McGinnis.
by the following
Estrada, Lien,
None. Absent:
vote:
Derry,
Council
Ayes: Council
Suarez, Anderson,
Member/Commissioner
19. RES. 2002-367 - Resolution of the City of San Bernardino authorizing the
execution of an agreement by and between the County of San Bernardino
Service Area 70 and the City of San Bernardino to provide household
hazardous waste collection center services and home generated sharps
collection services. (Continued from October 7, 2002)
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1lI18/2002
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2002-367 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
20. An Ordinance of the City of San Bernardino amending Section 2.58.010A of
the San Bernardino Municipal Code relating to regular meetings of the
Mayor and Common Council. FIRST READING
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Anderson, that said ordinance be laid over for
final adoption.
The motion carried
Members/Commissioners
McCammack. Nays:
McGinnis.
by the following
Estrada, Lien,
None. Absent:
vote:
Derry,
Council
Ayes: Council
Suarez, Anderson,
Member/Commissioner
21. Dinner workshop - 5:23 p.m. - Economic Development Agency Boardroom
- State Legislative Update
Staff Present: Mayor/Chairman Valles; Council Members/Commissioners
Estrada, Derry, Suarez, Anderson, McCarnmack; City Attorney Penman, City
Clerk Clark, City Administrator Wilson. Absent: Council
Members/Commissioners Lien, McGinnis.
Lobbyist Bill Chavez provided an overview of the State budget deficit, stating
that analysts forecast a $6.1 billion shortfall in 2002/2003, with a predicted $21
billion shortfall in the 2003/2004 budget year. He also provided information on
revenues, stating that the Vehicle Licensing Fee is probably one of the most
stable forms of revenue; however, most revenues will remain flat. He added
that it will be impossible to balance the budget without tax increases.
Lobbyist Chuck Bader advised that housing has become a big issue in the
legislature, and noted the importance of obtaining State approval of the City's
Housing Element. He pointed out that SCAG had calculated the number of
housing units needed in San Bernardino based on the 1990 Census; however,
there have been many changes in vacancy rate~, growth rates, and income levels
since that time. He stated that the City needs to take its issues and data and
work to influence some of the key legislators regarding the unique housing
situation in San Bernardino.
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11/18/2002
Discussion ensued regarding the fact that there are many new members in the
legislature, the need for the City to work closely with the League of California
Cities on various issues, the importance of obtaining approval of the City's
Housing Element, and the best way and time to address the many issues faced
by the City to ensure support at the State level.
No formal action was taken during the workshop.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Valles; Council Members/Commissioners, Estrada, Lien, Derry,
Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk
Clark, Economic Development Agency Special Counsel Sabo and Executive Director
Van Osdel. Absent: Council Member/Commissioner McGinnis.
R22. Proposed Southeast Industrial Park Redevelopment Project Area Plan
Amendment - eminent domain
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the Community Development
Commission authorize the Executive Director to prepare a Plan Amendment to
reinstate eminent domain in portions of the Southeast Industrial Park
Redevelopment Project Area.
The motion carried by
Members/Commissioners
McCammack. Nays:
McGinnis.
the following
Estrada, Lien,
None. Absent:
vote:
Derry,
Council
Ayes: Council
Suarez, Anderson,
Member/Commissioner
R23. RES. CDC/2002-34 - A Resolutiou of the Community Development
Commission of the City of San Bernardino approviug and authorizing the
extension to the Diana L. Sanchez, Neighborhood Initiative Program (NIP)
Coordinator, Consultant Services Agreement, subject to funding approval
by the County of San Bernardino NIP Program.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. CDC/2002-34 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Lien, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
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11/18/2002
R24. RES. CDC/2002-35 - A Resolution of the Community Development
Commission of the City of San Bernardino authorizing the execution of an
agreement for Professional Services with LSA Associates, Inc. for the
preparation of a Program Environmental Impact Report (EIR) and related
traffic studies for the amendmeut of the Central City North and Uptown
Redevelopment Project Area Plaus.
Council Member/Commissioner McCammack stated that she would abstain on
this item because her business property is located within 500 feet of the Uptown
Redevelopment Project Area.
Senior Assistant City Attorney Carlyle advised that a revised resolution had
been submitted that included the name of the <:ompany who would be preparing
the Program EIR and related traffic studies and suggested that approval of the
resolution include the addition of the company's name by interlineation on the
fourth line after the word "services."
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted, as amended
by interlineation on the fourth line after the word "services" with the
addition of the words, "with LSA Associates, Inc."
Resolution No. CDCI2002-35, as amended, was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Lien, Derry, Suarez,
Anderson. Abstentions: Council Member/Commissioner McCammack. Nays:
None. Absent: Council Member/Commissioner McGinnis.
25. Public Comments
There were no public comments.
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11/18/2002
26. Adjournment
The meeting adjourned at 6:30 p.m. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 8:00 a.m., Monday, December 2, 2002, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California; however, the
meeting will adjourn until I :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:
L~Lc. ~
Linda E. Hartzel
Deputy City Clerk
No. of Items: 26
No. of Hours: 5
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