Loading...
HomeMy WebLinkAbout12-02-2002 Minutes MINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING DECEMBER 2, 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/Chairman Valles at 1:38 p.m., Monday, December 2, 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, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark. City Administrator Wilson. Absent: Council Member/Commissioner Longville. I. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing 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; 1 12/02/2002 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; N.R.L.L., Inc., A California Corporation v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 086239; Manta Management Corp., v. City of San Bernardino - San Bernardino Superior Court Case No. SCV 18157; Ronnie Lewis Bunse v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 84509. 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. 1. Propertv Addres~: APN 0136-431-123 Negotiating Parties: Gary Van Osdel on behalf of the Redevelopment Agency and three (3) parties: 1"' Offer, William J. Doherty Living Trust; 2" Offer, Charles Klinakis; and 3" Offer, Ralph Monge. Under Negotiation: Purchase terms and conditions 2 12/0212002 2. Property Address: HUB Properties Negotiating Parties: Gary Van Osdel on behalf of the Redevelopment Agency and 0281-083-02 0281-083-03 0281-083-04 0281-083-13 0281-083-14 0281-083-15 0281-083-16 0281-083-17 0281-083-18 0281-083-20 0281-091-39 0281-082-27 0281-082-28 0281-083-08 0281-081-01 0281-081-02 0281-081-03 0281-082-14 0281-081-06 0281-081-07 0281-081-08 0281-081-09 0281-081-10 0281-081-11 0281-081-12 0281-081-13 0281-081-14 0281-081-16 0281-081-17 0281-081-18 0281-081-19 0281-081-20 0281-082-01 0281-082-02 0281-082-03 John Kaufman John Kaufman John Kaufman John Kaufman John Kaufman John Kaufman John Kaufman John Kaufman John Kaufman John Kaufman John Kaufman Michael Collins Michael Collins Michael Collins Michael Collins Michael Collins Michael Collins Elisa Gurrola and Evangelina Montez Naomi Anaya Jose Enrique Lara Mary T. Mendez, Trustee Soloman P.S. Miao Washington Mutual Bank, FA Julio D. Rodriguez Seng-Kin Yeo Robert A. Lester Estefani Chia Pei Liaou Firstar Bank, N.A. Oscar Miranda Eugenio G. Alvarado Kam Mie Nanney-Wong, Trustee Kam Mie Nanney-Wong, Trustee Juan P. Trujillo Juan P. Trujillo Pomona First Federal Savings Senior Assistant City Attorney Carlyle announced that the following items would be discussed in closed session: A remaining item under lA, Conference with legal counsel, existing litigation, pursuant to Government Code Section 54956.9(a); and an item under 1G, Conference with real property negotiator, pursuant to Government Code Section 54956.8. 3 12/02/2002 Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Pastor Woody Hall of Lutheran Church of our Savior, followed by the pledge of allegiance, led by Rosalind Yaiiez and Gabriel Rodriguez, fifth graders at Bradley Elementary School. 2. Appointments There were no commission appointments. 3. Presentations A 30-year service pin was presented to retired San Bernardino Police Officer Frank Daneke by Council Member/Commissioner Anderson and Chief of Police Garrett Zimmon. A proclamation designating December 13, 2002, as Fifth Street Senior Center Day was presented to Lemuel Randolph, Director of Parks and Recreation, on the occasion of the 25th Anniversary of the Fifth Street Senior Center. A proclamation designating 2002 as the Year of the Rose was accepted by Stephanie Schrift, VISTA Project Coordinator. A proclamation designating the month of December as Designated Driver's Month and recognizing November 22, 2002 through January 2, 2003 as Operation Safe Holiday was presented to Chief of Police Garrett Zimmon of the City of San Bernardino and to participating law enforcement agency representatives from the San Bernardino County Sheriff's Department, Cal State University San Bernardino Police, California Highway Patrol, and Police Departments of Highland, Yucaipa, Redlands, Rialto, and Colton. Chief Zimmon introduced Sergeant Scott Patterson, who saw the program as an opportunity to implement community policing from the standpoint of DUI enforcement and traffic safety inspections during the holidays. 4. Announcements Announcements were made by the Mayor and Common Council, elected officials, and the Chamber of Commerce regarding various civic, community, and Chamber events and activities. 4 12/02/2002 Mayor/Chairman Valles and members of the Council extended their congratulations to Susan Lien Longville on her marriage to Assemblyman John Longville. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 6. Council Minutes Council Member/Commissioner Estrada 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: October 21, 2002; and November 18, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 7. Claims & Payroll Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated November 20, 2002 from Barbara Pachon, Director of Finance, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 8. Personnel Actions Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the personnel actions as submitted by the Chief Examiner dated November 27, 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. 5 12/0212002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 9. ORD. MC-1134 - 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. FINAL READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be adopted. Ordinance No. MC-1134 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Member/Commissioner Longville. 10. RES. 2002-369 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, reciting the facts of the Special Municipal Election held on the 5'h day of November 2002, declaring the results thereof and setting forth such other matters as are allowed by law. A memorandum dated December 2, 2002, addressed to James F. Penman, City Attorney, from Bonnie Greenleaf Rank, Legal Administrative Analyst, regarding 2002 Election Analysis, was submitted into the record. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-369 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 11. Approve Mayor and Common Council/Community Development Commission regular meeting dates for 2003 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the Mayor and Common Council and the Community Development Commission approve the following dates for regular meetings of the Mayor and Common Council/Community Development Commission for the year 2003: January 6 and 21; February 3 and 18; March 3 and 17; April 7 and 21; May 5 and 19; June 2 and 16; July 7 and 21; August 4 and 18; September 2 and 15; October 6 and 20; November 3 and 17; December I and 15. 6 12/02/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 12. Approve - Contract Change Order No. One - Matich Corporation - $79,769.84 - street improvements of Del Rosa Drive and 3'd Street at the San Bernardino International Airport - authorize Director of Finance to increase project contingencies - Plan No. 10494 City Attorney Penman indicated that he would be abstaining on this matter due to the fact that Mr. Matich and Matich Corporation have been principal fundraisers in his campaigns for both election and reelection. Council Members/Commissioners Estrada and Suarez stated that they would also be abstaining on this matter because they also have received campaign donations from Mr. Matich. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that the Mayor and Common Council authorize execution of Contract Change Order No. One in the amount of $79,769.84 to contract with Matich Corporation for street improvements of Del Rosa Drive and 3'd Street at the San Bernardino International Airport per Plan No. 10494; and that the Mayor and Common Council authorize the Director of Finance to increase the project budget (and related reimbursement revenue) by $25,000 to reflect additional funding needed. The motion carried by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Anderson, McCarnmack. Abstentions: Council Members/Commissioners Estrada, Suarez. Nays: None. Absent: Council Member/Commissioner Longville. 13. RES. 2002-370 - Resolution of the City of San Bernardino authorizing the execution of a Cooperative Agreement between the City of San Bernardino and the City of Loma Linda for traffic signal improvement at Anderson Street and Tippecanoe Avenue. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-370 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 14. RES. 2002-371 - Resolution of the City of San Bernardino authorizing the execution of a License Agreement with SBT Partners, LLC, for use of vacated Rosewood Drive for Public Works Project purposes relative to the "HUB" Project. 7 12/02/2002 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-371 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 15. RES. 2002-372 - Resolution of the Mayor and Common Council of San Bernardino authorizing the execution of a contract and issuance of a purchase order to Verizon California Inc. for Centranet Telephone Service at various facilities within the City of San Bernardino. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-372 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 16. RES. 2002-373 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the destruction of certain records by the Director of Finance. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-373 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 17. Establish salaries - Fire Department Ranges P-5 (Battalion Chief); P-6 (Deputy Fire Chief); P-7 (Fire Chief); and Fire Marshal and Training Officer - effective August 1, 2002 Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the salaries for Fire Department Ranges P-5, (Battalion Chief); P-6 (Deputy Fire Chief); P-7 (Fire Chief); and Fire Marshal and Training Officer, be established, effective August I, 2002, as outlined in the staff report dated November 25, 2002, from Lori Sassoon, Acting Director of Human Resources; and that the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2002/03 budget to transfer $102,900 from the General Government Budget (001-092-5011) to the Fire Department budget in the General Fund. 8 12/0212002 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 18. Establish salaries Fire Department Ranges P-l (Firefighter); P-2 (Firefighter/Paramedic); P-3 (Fire Engineer); and P-4 (Fire Investigator and Captain) - effective August 1, 2002 Council Member/Commissioner McCarnmack recommended that the Council discuss reducing the utility tax, the fee issue, and whether the remaining undesignated balance of $185,100 should go back into the General Fund Reserve at the upcoming budget workshop. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the salaries for Fire Department Ranges P-I, (Firefighter); P-2 (Firefighter/Paramedic); P-3 (Fire Engineer); and P-4 (Fire Investigator and Captain), be established, effective August 1, 2002, as outlined in the staff report dated November 25, 2002, from Lori Sassoon, Acting Human Resources Director; That the Mayor and Common Council authorize the Director of Finance to amend the Fiscal Year 2002/03 budget as follows: (A) Transfer the remaining Charter 186 budget in the amount of $70,200 from the General Government budget to the Fire Department budget; (B) Increase the General Fund revenues by $689,100 in Account No. 001-000- 4621 (Booking Fee Revenues) and decrease the General Fund revenues by $200,000 in Account No. 001-000-4625 (State Mandated Revenues); and (C) Appropriate to the Fire Department budget the remaining amount needed to cover the Fire Union Charter 186 salary increases in the amount of $805,500 using the excess balance from FY 2001/02 and the net increase in General Fund revenue from motion B above; and That the Mayor and Common Council table recommended motion D to put the remaining undesignated balance of $185,100 into the General Fund Reserve to replenish the reserve funds that have been used to balance the FY 2002/03 budget. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 9 12/02/2002 19. RES. 2002-374 - Resolution of the City of San Bernardino authorizing the Mayor of the City of Sau Bernardino or her designee to execute an agreement with the San Bernardino City Unified School District to provide contractual services for after-school recreation programs at school district sites. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-374 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 20. RES. 2002-375 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing increases to annual purchase orders for vehicle rentals, uniforms, and film processing for the San Bernardino Police Department. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2002-375 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Member/Commissioner Longville. 21. RES. 2002-377 - Resolution of the City of San Bernardino to increase the purchase order to Steno Solutions for the transcription of taped Police reports. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2002-377 was adopted by the following vote: Ayes: Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson. Council Member/Commissioner McCammack. Absent: Member/Commissioner Longville. Council Nays: Council 22. RES. 2002-376 - Resolution of the City of San Bernardino authorizing the Mayor to execute the third amendment to the Limited Access Easement Agreement (Temporary) between the City and Rancon Realty Fund IV to extend the term of agreement relating to the former Waterman Landfill. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. 10 12/02/2002 Resolution No. 2002-376 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Member/Commissioner Longville. 23. RES. 2002-378 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a piggyback purchase order to Pomona Valley Kawasaki, Inc. for the purchase of four (4) Kawasaki Police Patrol Motorcycles for the Police Department Traffic Division. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2002-378 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 24. Item Deleted. 25. Request for waiver of fees - YMCA Children's Christmas Parade - December 7, 2002 Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McCammack, that the request for a waiver of fees in the amount of $4,135 for facility, personnel and equipment costs associated with the 25th Annual YMCA Children's Christmas Parade, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Longville. 26. RES. 2002-379 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the application for $66.500 in matching grant funds from the California Energy Commission to install battery backup systems at twenty-five signalized intersections City-wide. Council Member/Commissioner McCammack stated that she wants to make sure that staff will base their decision on traffic volume when they select which intersection will get the battery backup system. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. 11 12/02/2002 Resolution No. 2002-379 was adopted by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Longville. 27. Public hearing - to consider various fee adjustments (Continued from November 18, 2002) A Resolution of the City of San Bernardino establishing certain fees for services furnished by the City of San Bernardino, and repealing Resolution No. 80-522, Resolution No. 96-195, Resolution No. 98-257, Resolution No. 99-173, Resolution No. 99-246, Resolution No. 2001-273, and Resolution No. 2002-241, and amending Resolution No. 83-201, Resolution No. 89-471, and Resolution No. 91-148. The hearing remained open. No public comments were received. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson. Nays: Council Member/Commissioner McCammack. Absent: Council Member/Commissioner Longville. Council Member/Commissioner Anderson stated that the report did not show which fees were lowered, which fees were raised, and which fees remained the same. Council Member/Commissioner McCammack stated that her understanding was that State law requires that the City impose fees based only on the actual cost of doing business. She stated that she felt the fee increases should be discussed line-by-line at the committee level and that the public needed more time to understand the issue and should be given the opportunity to provide input. Council Member/Commissioner Estrada stated that she also had reservations about the document and felt that the public should be educated on what it costs to run a city and that they should be prepared for what lies ahead. Mayor/Chairman Valles stated that the issue of fees is always a difficult one to deal with. She stated that department heads have worked diligently to stay within their budgets and have tried to minimize costs and enhance services to the residents of the community. Lori Sassoon, Assistant to the City Administrator, stated that the document included a summary that provided the current fee, the recommended fee, and any increase or 12 12/02/2002 decrease for each department. She noted that the resolution was done in a strike- through format and that a great deal of the resolution remained unchanged. Ms. Sassoon stated that the cost analysis was provided for informational purposes only. She stated that although most of the fees contained in the packet were user fees, the Animal Control fee was a license fee, and under State law, was essentially a regulatory fee and did not have to be based on the cost of service. Ms. Sassoon stated that another exception to that is the section regarding Facilities Management and setting bail forfeiture fines or parking ticket fines, which is based on a comparison with other cities in the County and not on cost. City Administrator Wilson stated that it would be necessary to look beyond fee adjustments as a way of dealing with some of the budget challenges the City will be facing. Mr. Wilson stated that he saw this as a two-step process where the departments had already been working on the fee adjustments and they would also be looking at other types of savings as a way to balance the budget at the upcoming budget workshop. Council Member/Commissioner McCarnmack stated that it was her understanding that the fees would be reviewed by the committee prior to the budget workshop. She stated that the committee did not look at every fee-they only looked at the fees that were changing. Council Member/Commissioner McGinnis stated that he felt the City has been running a tight ship and is afloat when many other cities are not. He stated that the fee increases are necessary if the City is going to remain afloat. Council Member/Commissioner Estrada stated that she could not justify asking the Ways and Means Committee to review the fees for hours and hours when the financial impact would only be an additional $96,000 in revenue to the City. City Administrator Wilson clarified that the $96,000 revenue was for the balance of the year, or approximately $180,000 for the year. Council Member/Commissioner McCarnmack suggested that the City take the $180,000 and start lowering the utility tax. Council Member/Commissioner Derry made a Member/Commissioner McCammack, that the Council/Commission meeting of December 16, 2002. motion, matter seconded by Council be continued to the City Administrator Wilson suggested that the Council postpone this matter until after the budget workshop in early January. 13 12/02/2002 Council Member/Commissioner Derry amended his original motion, seconded by Council Member/Commissioner Suarez, that the matter be continued to the Council/Commission meeting of February 3, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Longville. 28. Resolution approving Final Map for Tentative Tract No. 14112, located northeasterly of the intersection of Foothill Drive and Sterling Avenue (Continued from June 3, 2002) Frank Schnetz, 330 N. "D" Street, San Bernardino, CA, representative for the property owner and the developer, Century Homes, stated that an engineer has been retained and they are requesting a 45-day continuance in order to finalize the map and post the bonds. Mr. Schnetz stated that the developer also has an interest in the adjacent property owned by the Water Department, which would allow another 110 acres to be developed and would be phase one of a multi-phase project. Council Member/Commissioner McGinnis made a motion, Member/Commissioner Suarez, that the matter be Council/Commission meeting of January 21,2003. seconded by Council continued to the The motion carried by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Longville. 29. Legislative Task Force Update City Administrator Wilson stated that there was no report this month. Council Member/Commissioner McCammack stated that she was present at the Legislative Task Force meeting and in addition to saving local revenues, the other issue discussed was making sure the City secures its housing needs in terms of upscale single family units and limiting multi-unit dwellings while complying with the Housing Element. 30. An Ordinance of the City of San Bernardino amending Sections of Municipal Code Chapter 14.04 regarding granting of utility franchises. FIRST READING Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said ordinance be laid over for final adoption. 14 12/02/2002 The motion carried by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Longville. 31. RES. 2002-368 - Resolution of the Mayor and Common Council of the City of San Bernardino establishing a voluntary payroll deduction program for the "Save Our Services" (SOS) Fund. Nancy Cisneros, Regional Representative for the League of California Cities, stated that local governmental employees have the right to feel stable in the services they provide, and will now have the opportunity to participate in the SOS program if they wish, for whatever amount, and can drop out at any time. The names are never known at the State level-they are only known by the cities at the point of collection. Council Member/Commissioner McCarnmack made a motion, seconded by Council Member/Commissioner Derry, that said resolution be adopted. Resolution No. 2002-368 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Member/Commissioner Longville. 32. Resolution of the City of San Bernardino authorizing and directing the execution of an agreement for the extension of sewer services in unincorporated territory relative to the San Bernardino County Animal Shelter at 19777 Cajon Boulevard. Staff requested that this matter be continued. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the matter be continued to the Council/Commission meeting of December 16, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Longville. COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, and Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: Council Members/Commissioners Estrada, Longville. 15 12/02/2002 R33. RES. CDC/2002-36 - A Resolution of the Community Development Commission of the City of San Bernardino, as the governing body of the Redevelopment Agency of the City of San Bernardino, approving and authorizing execution of that certain 2002 New Jobs Redevelopment Grant Agreement (Job Options, Inc.) and the grant of certain sewer capacity rights to Job Options, Inc. in connection therewith. Frank Schnetz, 330 N. "D" Street, San Bernardino, CA, stated that Job Options' main division is called Mental Health Systems and they provide counseling for drug court for San Bernardino County. He stated that they also have three other offices in San Bernardino that perform different levels of service with the County. Mr. Schnetz stated that they were excited about coming to San Bernardino. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. CDC12002-36 was adopted by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Longville. R34. Amendment No. Four to Disposition and Development Agreement between the Redevelopment Agency and Marvin and Lelia Jabin - New Job Opportunities Redevelopment Grant Agreement with MAPEl Corporation RES. CDC/2002-37 - A Resolution of the Community Development Commission of the City of San Bernardino approving and authorizing the Executive Director of the Redevelopment Agency to execute Amendment No. 4 to the Disposition and Development Agreement (Industrial Parkway property) by and between the Redevelopment Agency of the City of San Bernardino and Marvin and Lelia Jabin and consenting to an assignment of said Disposition and Development Agreement. (R34A) RES. CDC/2002-38 - A Resolution of the Community Development Commission of the City of San Bernardino, as the governing body of the Redevelopment Agency of the City of San Bernardino, approving and authorizing execution of that certain 2002 New Job Opportunities Redevelopment Grant Agreement (Mapei Corporation) and the grant of certain project generated tax increment revenues in connection therewith. (R34B) Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner McGinnis, that said resolutions A & B, be adopted. 16 12/02/2002 Resolution Nos. CDC/2002-37 and CDC/2002-38 were adopted by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCarnmack. Nays: None. Absent: Council Members/Commissioners Estrada, Longville. R35. Covenant Development Agreement - Covenant Development, Inc. - Amendment No. One to Loan Agreement for Verdemont Improvements RES. CDC/2002-39 - A Resolntion of the Community Development Commission of the City of San Bernardino authorizing and approving the Agency Executive Director to execute the Development Agreement by and between the Redevelopment Agency and Covenant Development, Inc. regarding the development of 22 affordable housing units. (R35A) A Resolution of the Community Development Commission of the City of San Bernardino authorizing and approving the Agency Executive Director to execute the Amendment No.1 to the Loan Agreement for the Verdemont improvements dated January 15, 1993 by and between the Redevelopment Agency and the City of San Bernardino which provides for the collection and distribution of certain development fees (from the Dr. Feldkamp predecessor to Covenant Development, Inc., Bice and Glaziers properties) to fund the construction of the Verdemont Fire Station. (R35B) A Resolution of the Mayor and Common Council of the City of San Bernardino authorizing and approving the Mayor to execute the Amendment No. 1 to the Loan Agreement for the Verdemont improvements dated January 15, 1993 by and between the Redevelopment Agency and the City of San Bernardino which provides for the collection and distribution of certain development fees (from the Dr. Feldkamp predecessor to Covenant Development, Inc., Bice and Glaziers properties) to fund the construction of the Verdemont Fire Station. (R35C) Note: Resolutions 35B and 35C were not submitted with the backup material. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that Resolution A be adopted; and that Resolutions B & C be continued to the Council/Commission meeting of January 6, 2003. The motion carried and Resolution No. CDCI2002-39 was adopted by the following vote: Ayes: Council Members/Commissioners McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: Council Members/Commissioners Estrada, Longville. 17 12/02/2002 36. Public Comments Diana Rodriguez, 1754 Garden Drive, San Bernardino, CA, stated that there are no programs, such as tattoo removal, to help incarcerated individuals return to the community and become productive community members. She helped start a non-profit organization called "HELP MTR" and asked that the City consider their application for CDBG funds. Robert Garcia, 7968 Cunningham, Highland, CA, spoke in support of the "HELP MTR" program. 37. Adjournment The meeting adjourned at 6:40 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 16,2002, in the Council Chambers of City Hall, 300 North "D" Street; however, the Mayor and Common Council will adjourn 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 B~;'dA ) ~;t;(M~ ~ Lmda Sutherland Deputy City Clerk No. of Items: 37 No. of Hours: 5 18 12102/2002