HomeMy WebLinkAbout03-07-2005 MinutesMayor Judith Valles
Council Members:
CITY OF SAN BERNARDINO Esther Estrada
300 N. "D "Street Susan Longville
Gordon McGinnis
San Bernardino, CA 92418 Neil Derry
Website: www.sbcity.org Chas Kelley
Rikke Van Johnson
Wendy McCarnumck
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 7, 2005
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission (Closed Session) was called to order by Mayor/Chairman
Valles at 1:35 p.m., Monday, March 7, 2005, in the MIC Room, Sixth Floor, 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, Longville,
McGinnis, Derry, Kelley, Johnson, McCammack; City Attorney Penman, City Clerk
Clark, City Administrator Wilson. Absent: None.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Candice Dick v. City of San Bernardino et al. - United States District
Court Case No. EDCV 02-158 VAP (SGLx).
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:
Patrick Major v. City of San Bernardino Fire Department
03/07/2005
San Bernardino City Professional Firefighters Local No. 891 v.
City of San Bernardino, Larry Pitzer, et al.
ASCAP v. City of San Bernardino
BMI v. City of San Bernardino
SESAC v. City of San Bernardino
MPLC v. City of San Bernardino
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:
Negotiator
Linn Livingston, Human Resources Director
Employee Organization
General Unit
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
Property: 247 W. Third Street
Negotiating Parties: Judith Valles, Mayor, on behalf of the
Redevelopment Agency, property owners, and
Gerry Newcombe, Deputy Administrative
Officer, on behalf of the County of San
Bernardino
Under Negotiation: Purchase price, terms and conditions
2. Proper That parcel consisting of approximately 67.75
acres identified as Parcel 1-2 at the San
Bernardino International Airport, and generally
bounded by Harry Sheppard Boulevard, Del
2 03/07/2005
Rosa Drive, Paul Villasenor Boulevard, and
Memorial Drive
Negotiating Parties: Don Rogers on behalf of the Inland Valley
Development Agency. David Newsom on
behalf of Hillwood/San Bernardino LLC. Bruce
Varner on behalf of Stater Bros. Markets.
James F. Penman on behalf of the City of San
Bernardino
Under Negotiation: Terms and conditions
Uptown Project Area
3. Propert : APN 0145-242-32 and APN 0145-242-33
Owner/Seller: Mayor Judith Valles, on behalf of the
Redevelopment Agency of the City of San
Bernardino, property owner(s)
Buyer: San Bernardino City Unified School District
("District")
Mt. Vernon Redevelopment Project Area
4. Propert 514 N. Mt. Vernon Avenue
APN 0138-115-06
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Dan
Virgilio, property owner
Under Negotiation: Purchase price, terms and conditions
IVDA Redevelopment Project Area
5. Property: 2073 N. Newcomb Street
APN 1191-021-21
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency, and Rafael
Orantes, Hector M. Moreno, and Roberto
Romo, property owner(s)
Under Negotiation: Purchase price, terms, and conditions
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Owner of the Ice House v. City of San Bernardino
3 03/07/2005
Under Agenda Item 1B, Significant Exposure to Litigation:
Facts and circumstances that might result in litigation against the local
agency but which the local agency believes are not yet known to a
potential plaintiff or plaintiffs, which facts and circumstances need not be
disclosed.
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.
Reconvene
The joint regular meeting of the Mayor and Common Council and Community
Development Commission (Open Session) was reconvened by Mayor/Chairman Valles
at 3:05 p.m., Monday, March 7, 2005, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
Invocation/Pledge of Allegiance
The invocation was given by Dr. David A. Tinoco of St. Paul's United Methodist
Church of San Bernardino, followed by the pledge of allegiance, led by Joshua Shutt
from Anderson School.
Moment of Silence
Mayor/Chairman Valles extended condolences to the family and requested a moment of
silence in memory of Mary Jo Poindexter, a longtime resident and devoted volunteer in
the City of San Bernardino, who in 1974 was named Teacher of the Year in the United
States.
Council Member/Commissioner McCammack extended condolences to the families of
Virginia Adams and Raoul Chacon, two lifelong residents of San Bernardino who
recently passed away.
2. Appointment - Animal Control Commission - James E. Brown - Council
Member/Commissioner Estrada
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
approve the appointment of James E. Brown to the Animal Control
Commission, as requested by Council Member/Commissioner Estrada.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
4 03/07/2005
3. Proclamations & Presentations
Mayor/Chairman Valles presented a Resolution of Commendation to the Center
for Individual Development (C.I.D.) on the occasion of its 25' anniversary,
which was accepted by Ken Joswiak, Center Manager.
Mayor/Chairman Valles also presented a Resolution of Commendation to Ken
Joswiak, Manager of the Center for Individual Development (C.I.D), in
recognition of his outstanding leadership and constant efforts to improve the
quality of life for the disabled and his service as manager of the C.I.D. for
nearly 25 years.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative of the Chamber of Commerce regarding
various civic and community events and activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, 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, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the minutes of the following meeting of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form:
February 7, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
5 03/07/2005
7. Claims and Payroll
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated March 1,
2005, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the personnel actions as submitted by the
Chief Examiner dated March 1, 2005 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, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9. RES. 2005-55 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Brunick, Battersby, McElhaney, & Beckett and the
City of San Bernardino to represent Salvador Jimenez in the case of
Kiranjeet K. Dppal v. City of San Bernardino; Salvador Jimenez; Brian
Dennis Green; Does I-20, inclusive.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-55 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
10. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to
Government Code Section 8630 (c)(1)
Note: No backup materials were distributed.
6 03/07/2005
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council confirm
the need for continuing in effect the local emergency caused by the Old
Waterman Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
11. Request for budget amendment to transfer $63,000 from the General Fund
Budget Reserve to cover costs of Special Municipal Election held on
November 2, 2004
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council
authorize the Director of Finance to amend the FY 2004-05 budget by
transferring $63,000 from the General Fund Budget Reserve to Account No.
001-032-5502 (Professional and Contractual Services) to cover the cost of the
Special Municipal Election held on November 2, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
12. Authorize Change Order No. Four - contract with Bonadiman-McCain, Inc.
- Timber Creek Improvements
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council
authorize the Director of Development Services to execute Change Order No.
Four in the amount of $40,524.81 to contract with Bonadiman-McCain, Inc. for
Timber Creek Improvements; and authorize the Director of Finance to transfer
$110,000 from Account No. 248-368-5504-7316 (Storm Drain State Route 210)
to Account No. 248-368-5504-7141 (Timber Creek Improvements).
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
13. Adopt Negative Declaration for the acquisition of right-of-way and
construction of street improvements to extend Giovanola Avenue
approximately 180 lineal feet from its current northerly terminus at 2nd
Street to 3`d Street
7 03/07/2005
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that the Mayor and Common Council adopt a
Negative Declaration for the acquisition of right-of-way and construction of
street improvements to extend Giovanola Avenue approximately 180 lineal feet
from its current northerly terminus at 2nd Street to 3`" Street.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
14. RES. 2005-56 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino to enter into an
agreement with Loma Linda University Medical Center to provide
emergency medical service information.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-56 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
15. RES. 2005-57 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of an Agreement with the
County of San Bernardino to administer a continuation program from the
State of California Community Based Services Program (CBSP) in the
amount of $24,326.00 for the period of July 1, 2004 through June 30, 2005.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
Resolution No. 2005-57 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
16. RES. 2005-58 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute
Amendment No. 3 of Contract 02-658 with the County of San Bernardino
for COLA increases to the Head Start/Preschool Staff Budget for FY 2004-
2005 at Delmann Heights Community Center.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Johnson, that said resolution be adopted.
8 03/07/2005
Resolution No. 2005-58 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Kelley,
Johnson, McCammack. Nays: None. Absent: None.
17. An Ordinance of the City of San Bernardino adding Chapter 8.35 to Title 8
of the San Bernardino Municipal Code, establishing that any vehicle used to
solicit an act of prostitution or to acquire or attempt to acquire a controlled
substance is a nuisance subject to seizure and impoundment. FIRST
READING
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Estrada, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
18. Public hearing - resolution ordering work - Orange Show Road and
Arrowhead Avenue Landscape Maintenance Assessment District No. 1038
(Parcel No. 16222) (Continued from February 22, 2005)
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 Orange Show Road and
Arrowhead Avenue, approving the Final Engineer's report, creating an
assessment district to cover the costs of said maintenance, known as
Assessment District No. 1038, ordering the work, confirming the 2005-2006
Assessment Roll, and determining that the Special Assessment Investigation,
Limitation and Majority Protest Act of 1931 shall not apply.
The hearing remained open.
Mayor/Chairman Valles advised that the City Attorney's office had requested a
continuance of this item.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the matter be continued to the
Council/Commission meeting of March 21, 2005.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Kelley, Johnson,
McCammack. Nays: None. Absent: None.
9 03/07/2005
19. Public hearing - resolution ordering work - Northpark Boulevard and
Campus Parkway area - Landscape Maintenance Assessment District No.
1036 (Tract No. 16509)
RES. 2005-59 - 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 and other improvements in the area
of Northpark Boulevard and Campus Parkway area, approving the Final
Engineer's Report, creating an assessment district to cover the costs of said
maintenance, known as Assessment District No. 1036, ordering the work,
confirming the 2005-2006 Assessment Roll, and determining that the Special
Assessment Investigation, Limitation and Majority Protest Act of 1931 shall
not apply.
Mayor/Chairman Valles opened the hearing.
No public comments were received
City Clerk Clark advised that her office had received 34 ballots, with 100
percent in favor of the proposed assessment district.
Council Member/Commissioner Kelley made a motion, seconded by Council
Member/Commissioner Estrada, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. 2005-59 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Kelley, Johnson, McCammack. Nays: None. Absent: None.
COMMUNITY DEVELOPMENT COMMISSION
R20. RES. CDC/2005-9 - Resolution of the Community Development Commission
of the City of San Bernardino, California, approving the forbearance of
payments pursuant to the Loan Agreement between the Redevelopment
Agency of the City of San Bernardino and the San Bernardino Symphony
and the forgiveness of amounts owed thereon as of the final maturity date
provided that no prior default has occurred. (Continued from February 22,
2005)
10 03/07/2005
City Attorney Penman advised that four Forbearance Agreements had been
included in the backup materials for the Council to consider. He reviewed those
points specific to each agreement and answered questions regarding same,
noting that Forbearance Agreement #4 would terminate the agreement in the
year 2025, making it a twenty-year forbearance period; included retention of the
name "San Bernardino Symphony Orchestra and Association (Guild)"; included
a Good Faith Benefactor clause; and included language on page 3, paragraph
4(c) regarding Termination of Forbearance Period and paragraph 5 regarding
Forgiveness of Indebtedness.
Augustus D. Suiter, 733 North "G" Street, San Bernardino, CA, stated that
from a financial standpoint the symphony is clearly a liability. He asked how
many grants had been given to the symphony since 1999, how many taxpayer
dollars are being used to subsidize the symphony, whether or not the symphony
could ever become profitable, and why the government would give away tax
money to an organization that should be self-sufficient. He asked that the
Council postpone its vote on this matter until these questions had been
answered.
Dorothy Garcia, 695 East 39' Street, San Bernardino, CA, a volunteer for the
symphony, advised that the symphony does not have an executive director, that
most clerical/office work is provided by volunteers, and that most of the money
spent by the symphony is used to pay for professional musicians.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
Forbearance Agreement #4, be approved.
Council Member/Commissioner Kelley asked whether somewhere in the
Forbearance Agreement it was stated that if the symphony has a benevolent
benefactor later on, it would mean that the Agency will recoup its money. City
Attorney Penman answered in the affirmative.
Mr. Penman advised that since the motion included approval of Forbearance
Agreement #4, that everywhere in the resolution where it has the date April 1,
2018, it should be corrected by interlineation to April 1, 2025.
The motion carried and Resolution No. CDC/2005-9 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Kelley, Johnson, McCammack. Nays: Council Member/
Commissioner Derry. Absent: None.
11 03/07/2005
21. Public Continents
Reverend Betty Long, 734 West 10' Street, San Bernardino, CA, commented
on action taken by the Mayor and Council at the previous meeting relative to a
local motel and questioned why the Mayor and Council were late in conducting
some of the public hearings.
Pastor Vic Lewis of the Praise Tabernacle Church and The Neighborhood
Improvement and Development Coalition (NID) spoke regarding the violence
that is killing our children and NID's idea for "Project In By Ten", a curfew
proposal for the demographic area of Date Street, south to Pacific; and Arden,
west to Del Rosa.
Mayor/Chairman Valles informed Pastor Lewis that she had met with the Chief
of Police just this morning regarding violence —not only in our community, but
nationally. She stated that they are preparing to put together a community
forum or summit on violence, and they will be asking pastors and teachers and
neighborhood areas to address these issues in order to come up with some good
solutions to the violence on our streets. She advised that it is easy to write
ordinances; however, the enforcement sometimes becomes difficult.
City Attorney Penman advised that the City does have a curfew as outlined in
Municipal Code Chapter 9.68, which conforms to the guidelines established by
the courts. It is 11 p.m. on any Sunday, Monday, Tuesday, Wednesday, or
Thursday, until 6 a.m. of the following day; and from 12:01 a.m. until 6 a.m.
on any Saturday or Sunday.
James Tate, 1391 Andreas Avenue, San Bernardino, CA, stated that as a
citizen of San Bernardino he was calling for Fire Chief Larry Pitzer to resign.
He stated that Chief Pitzer was a liability to the City and if he did not choose to
resign, then Mr. Tate suggested that he be terminated.
Augustus D. Suiter, 733 North "G" Street, San Bernardino, CA, spoke
regarding the City's pothole problem and questioned why City crews continue to
use cold patches that continue to disintegrate —that there are holes on "G" Street
that have been filled six or seven times during the past two years.
Deanna Adams, 1156 North "F" Street, San Bernardino, CA, owner of Victory
Chapel, spoke regarding the many events and the 500-year history that has
contributed to the success of the San Antonio Riverwalk, as opposed to the fact
that San Bernardino has no major leagues or cultural events and is hinging the
development of its water on nothing but hope.
12 03/07/2005
22. Adjournment
At 4:49 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, March 21, 2005, in the Council Chambers
of City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 22
No. of Hours: 3.25
RACHEL G. CLARK
City Clerk
By:
Linda E. Hartzel
Deputy City Clerk
13 03/07/2005