HomeMy WebLinkAbout01-21-2003 Jt Reg Mtg Minutes - MCCMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 21, 2003
COUNCIL CHAMBERS
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
1:39 p.m., Tuesday, January 21, 2003, 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, Longville, McGinnis, Derry, Suarez,
Mccammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent:
Council Member/Commissioner Anderson.
Council Member/Commissioner Anderson arrived
At 1 :45 p.m., Council Member/Commissioner Anderson arrived at the Council meeting.
1. Closed Session (See related Agenda Item No. S5 -page 20)
Pursuant to Government Code Section(s):
A. Conference with legal counsel -existing litigation -pursuant to Government
Code Section 54956.9(a):
David M. Sanborn v. Avila Construction, et al. -San Bernardino Superior
Court Case No. SCVSS 078410;
Manta Management Corporation v. City of San Bernardino -San Bernardino
Superior Court Case No. SCV 18157;
Michelle P. Arro yo v. Ci ty of San Bernardino, et al. -United States District
Court Case No. CV 8967 ABC (SHSx);
Adrian Eugene Moore v. Cit y of San Bernardino; San Bernardino Police
Dep artment; and Officers Ernesto Antillon; Doug Brennan, Mike Golubic, Sgt.
Schwenka, Bustamante, Quiroz and Chief of Police -United District Court,
Central District of California Case No. EDCV 01-03064 DDP (RZ).
1 01/21/2003
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: Van Rossum claim.
C. Conference with legal counsel -anticipated litigation -initiation of litigation -
pursuant to subdivision (c) of Government Code Section 54956.9: four potential
cases.
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:
Ana M. Jordan v. City of San Bernardino, et al. -San Bernardino Superior Court
Case No. SCVSS 089354;
Daniel Cravens v. City of San Bernardino, et al. -San Bernardino Superior Court
Case No. SCVSS 076715;
Under Agenda Item 1B, significant exposure to litigation:
Shirley Allen v. City of San Bernardino, et al.; and
A claim from Katherine Houston involving former police officer Van Rossum.
Under Agenda Item IC, initiation of litigation:
Agenda Item Nos. 26 and 27 .
2 01/21/2003
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 Matt Witter of San Bernardino Baptist Church, followed
by the pledge of allegiance, led by Council Member/Commissioner Derry .
Moment of Silence
Mayor/Chairman Valles requested that a moment of silence be observed in memory of
Clarence Upton, formerly employed by the Economic Development Agency.
2. Appointments
There were no commission appointments.
3. Presentations
Mayor/Chairman Valles recognized Janis Ingels, who has served as the City's Director
of Information Services for the past 16 years. Mrs. Ingels resigned her position with
the City to accept a similar position with the City of Huntington Beach.
Council Member/Commissioner Anderson and Robert Hampton, President of the
Northwest Redevelopment Project Area Committee, gave special recognition to Brenda
Shaw of the San Bernardino Police Department for her dedicated service to the
community.
Wallace Green, Assistant to the Mayor, read the names of the following individuals
who were presented a service pin award by Mayor/Chairman Valles in recognition of
their many years of dedicated service to the City:
Name Department Years of Service
Jorge Carlos Council 15
Laszlo Fogass y Development Services 20
Rita Kent Fire 25
Edward Jones One Sto p Career Center 25
Aaliyah Harkley Parks, Recreation & Community Services 10
Beulah Pitts Parks, Recreation & Communicy Services 30
Jenifer Aragon Police 25
Daniel Bloomer Police 30
Theodis Henson, Jr. Police 25
Johnnie Montecino Police 25
Michael Diaz Public Services 10
Barbara Goldsworth Public Services 5
Seyha Von_g Public Services 10
3 01/21/2003
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. Fred Wilson, City Administrator, provided an update on the City's
public works projects.
5. Waive full reading of resolutions & ordinances
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, 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, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None .
Absent: None.
6. Claims & Payroll
Council Member/Commissioner Longville 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 January 5, 2003 from Barbara
Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
7 . Personnel Actions
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the personnel actions as submitted by the Chief
Examiner dated January 15, 2003, 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, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
4 01/21/2003
8. RES. 2003-33 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a settlement agreement and general
release with In Touch Communications, Inc., concerning utility user's tax.
Council Member/Commissioner Mccammack asked what steps the City has taken to
ensure that In Touch Communications is now properly collecting and remitting Utility
User's Tax (UUT).
Fred Wilson, City Administrator, stated that it is the auditor's job to stay on top of all
the different telecommunications companies to make sure they are remitting UUT.
Council Member/Commissioner Mccammack asked why the City's current financial
auditors do not perform this audit because it could be less expensive.
Mr. Wilson advised that he did not believe the City was paying any fees to MMC, the
City's utility tax auditor, but he stated that he would confirm that.
Council Member/Commissioner Mccammack stated that she found it hard to believe
that MMC does not charge the City anything, but she felt the City should compare what
the current auditors would charge to audit UUT, in addition to what they charge now.
Mr. Wilson stated that he would request a proposal from the auditors.
Council Member/Commissioner Estrada questioned whether there is any possibility of
putting some type of a bond into place in the event the City does not receive payment.
Mr. Wilson stated that he would discuss this with the two firms to see if it would be an
option.
City Attorney Penman stated that the City Administrator could put this on the next
agenda as an informational item.
Mr. Wilson concurred.
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-33 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
5 Revised 01/21/2003
9. RES. 2003-16 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Professional Services Agreement
between Lewis, Brisbois, Bisgaard & Smith and the City of San Bernardino to
represent the City in the case of Michelle P. Arroyo v. City of San Bernardino, et al.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-16 was adopted by the following vote:
Members/Commissioners Estrada, Longville, McGinnis, Derry,
Mccammack. Nays: None. Absent: None.
Ayes: Council
Suarez, Anderson,
10. RES. 2003-17 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the execution of a Professional Services Agreement
between Mundell, Odium & Haws and the City of San Bernardino to represent the
City in the case of Dale Blackwell v. City of San Bernardino, et al.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-17 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
11. RES. 2003-18 -A Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with Jeff and Lisa
Harvey for utilization of bloodhounds at the San Bernardino Police and Fire
Departments.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-18 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
12. RES. 2003-19 -Resolution of the City of San Bernardino approving Amendment
No. 2 to Agreement for Professional Services with David Evans and Associates,
Inc. for additional design services associated with the design of the widening of Del
Rosa Drive and Third Street at the San Bernardino International Airport.
Council Member/Commissioner Mccammack stated that she would be abstaining on
this matter due to a campaign contribution she recently received.
6 01/21/2003
City Attorney Penman stated that he would be abstaining on this matter because he has
received contributions from the Matich Corporation.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-19 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson.
Nays: None. Abstentions: Council Member/Commissioner Mccammack. Absent:
None.
13. RES. 2003-20 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute a revised Freeway Agreement with
the State of California, Department of Transportation (CAL TRANS) for the right-
of-way acquisition and construction of the State Route 215 Freeway.
Council Member/Commissioner Mccammack stated that she would be abstaining on
this matter because she owns property on that portion of the 215 Freeway.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-20 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson.
Nays: None. Abstentions: Council Member/Commissioner Mccammack. Absent:
None.
14. RES. 2003-21 -Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Pro Tech Engineering Corp., for street lighting
on Base Line Street from Victoria Avenue to a point 1000' westerly, per Plan No.
10397.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-21 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
7 01/21/2003
15. RES. 2003-22 -Resolution of the City of San Bernardino declaring its intention to
order the vacation of a 10-foot public utility easement located between 20 th Street
and 215 1 Street, west of Kenwood A venue.
Council Member/Commissioner Longville stated that she would be abstaining on this
matter because the subject area is close to her primary residence.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-22 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson, Mccammack.
Nays: None. Abstentions: Council Member/Commissioner Longville. Absent:
None.
16. Authorization to advertise -Notice Inviting Bids -sale of three City-owned parcels
located north and south of Orange Show Road, west of Waterman A venue
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to advertise a Notice Inviting Bids for the sale of three City-owned parcels
located north and south of Orange Show Road, west of Waterman Avenue (Parcel One:
APN 0136-431-34; Parcel Two: APN 0136-431-35; Parcel Three: APN 0136-441-26).
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
17. RES. 2003-23 -Resolution of the City of San Bernardino amending Resolution No.
6413, Section Ten, entitled in part "A Resolution. . . establishing a basic
compensation plan ... "; by updating information codifying prior Council actions
(General Unit).
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-23 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
8 01/21/2003
18.
19 .
RES. 2003-24 -Resolution of the City of San Bernardino amending Resolution No.
6429, entitled in part "A Resolution. . . establishing a basic compensation plan for
officers and/or employees of the Police and Fire Departments of the City of San
Bernardino."
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-24 was adopted by the following vote:
Members/Commissioners Estrada, Longville, McGinnis, Derry,
Mccammack. Nays: None. Absent: None.
Ayes: Council
Suarez, Anderson,
RES. 2003-25 -Resolution of the Mayor and Common Council of the City of San
Bernardino or her designee to execute an agreement to provide mentoring services
for the County of San Bernardino Community Services Department for the period
October 15, 2002 through October 14, 2003.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-25 was adopted by the following vote:
Members/Commissioners Estrada, Longville, McGinnis, Derry,
Mccammack. Nays: None. Absent: None.
Ayes: Council
Suarez, Anderson,
20. RES. 2003-26 -Resolution of the Mayor and Common Council ratifying the
signature of the Mayor's designee for a one month extension of the current
contract with the Wackenhut Corporation and authorizing a service agreement and
annual purchase order to the Wackenhut Corporation in an amount not to exceed
$149,021 for jail operations effective 2-1-03 through 6-30-03.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-26 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
9 01/21/2003
21. Resolution of the Mayor and Common Council of the City of San Bernardino
authorizing 1) an increase to the annual purchase orders to Matich Corporation
and/or Vulcan Materials/Cal Mat Division to supply materials for roadway
pavement rehabilitation for use by the Public Services Department, and 2) issuance
of three separate purchase orders to Matich Corporation and/or Vulcan
Materials/Cal Mat Division to supply asphalt materials for roadway pavement
rehabilitation of three capital improvement projects.
Council Member/Commissioner Mccammack stated that she would be abstaining on
this matter due to a campaign contribution she recently received.
City Attorney Penman stated that he would be abstaining on this matter because he has
received contributions from the Matich Corporation.
City Clerk Clark indicated that staff had requested this matter be continued to the
meeting of February 3, 2003.
Council Member/Commissioner Longville made a motion,
Member/Commissioner Estrada, that the matter be
Council/Commission meeting of February 3, 2003.
seconded by Council
continued to the
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays: None. Abstentions:
Council Member/Commissioner Mccammack. Absent: None.
22. RES. 2003-34 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Police Department to accept the grant for the
California State University Partnership from the State Department of Alcohol
Beverage Control in the amount of $50,000.
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-34 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
23 . RES. 2003-35 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing submittal of a grant application to the State of California
Business, Transportation and Housing Agency, Office of Traffic Safety (OTS) in
the amount of $90,000.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Mccammack, that said resolution be adopted.
01/21/2003
24.
Resolution No. 2003-35 was adopted by the following vote:
Members/Commissioners Estrada, Longville, McGinnis, Derry,
Mccammack. Nays: None. Absent: None.
Ayes: Council
Suarez, Anderson,
RES. 2003-36 -Resolution of the City of San Bernardino authorizing the Police
Department to apply for Year Two funding of the Value-Based Initiative (VBI)
Grant and the expenditure of grant funds in accordance to the grant budget.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Mccammack, that said resolution be adopted.
Resolution No. 2003-36 was adopted by the following vote:
Members/Commissioners Estrada, Longville, McGinnis, Derry,
Mccammack. Nays: None. Absent: None.
Ayes: Council
Suarez, Anderson,
25 . Reclassify one (1) position of Administrative Clerk III to Secretary -Code
Compliance Department
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council reclassify the
Administrative Clerk III, Range 1321, $2,201-$2,675 to Secretary, Range 1341,
$2,432-$2,956 in the Code Compliance Department; and that the Human Resources
Director be directed to update Resolution No. 6413, Section Ten, to reflect this
particular action.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
26. Public hearing -Resolution of Necessity for acquisition of real property by
eminent domain -corner of 2nd Street and Viaduct Boulevard -extension of
Giovanola A venue
RES. 2003-27 -Resolution of the City of San Bernardino finding and determining
that the public interest and necessity require the acquisition of a portion of certain
real property located on the northeast corner of 2nd Street and Viaduct Boulevard
relative to the extension of Giovanola A venue, in San Bernardino.
Council Member/Commissioner Mccammack stated that she would be abstaining on
this matter because she owns property in the Uptown Redevelopment Area.
Mayor/Chairman Valles opened the hearing.
11 01/21/2003
Ray Casey, Deputy Director of Development Services, presented highlights of the staff
report.
No public comments were received
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; that said resolution be
adopted; and that the Director of Finance be authorized to amend the FY 2002-03 Gas
Tax Budget and transfer $45,800 from Account No. 126-369-5504-7345 (Miscellaneous
Street Projects) to Account No. 126-369-5504-7351 (Right of Way-Giovanola & 2nd
Street).
The motion carried and Resolution No. 2003-27 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson. Nays: None. Abstentions: Council Member/Commissioner
Mccammack. Absent: None.
27. Public hearing -Resolutions of Necessity for acquisition of real property (3
parcels) by eminent domain -extension of Campus Parkway (formerly referenced
as Pepper Linden Drive) north of Kendall Drive
RES. 2003-28 -Resolution of the City of San Bernardino fmding and determining
that the public interest and necessity require the acquisition of a portion of certain
real property located north of Kendall Drive, east of the Devil's Creek Flood
Control Channel, known as Assessor's Parcel Number 0261-231-06, relative to the
extension of Campus Parkway, formerly referenced as Pepper Linden Drive, in
San Bernardino. (27 A)
RES. 2003-29 -Resolution of the City of San Bernardino fmding and determining
that the public interest and necessity require the acquisition of a portion of certain
real property located north of Kendall Drive, east of the Devil's Creek Flood
Control Channel, known as Assessor's Parcel Number 0261-231-07, relative to the
extension of Campus Parkway, formerly referenced as Pepper Linden Drive, in
San Bernardino. (27B)
RES. 2003-30 -Resolution of the City of San Bernardino finding and determining
that the public interest and necessity require the acquisition of a portion of certain
real property located north of Kendall Drive, east of the Devil's Creek Flood
Control Channel, known as Assessor's Parcel Number 0261-231-27, relative to the
extension of Campus Parkway, formerly referenced as Pepper Linden Drive, in
San Bernardino. (27C)
Mayor/Chairman Valles opened the hearing.
12 01/21/2003
Ray Casey, Deputy Director of Development Services, presented highlights of the staff
report.
Council Member/Commissioner Suarez stated that the City looked at new ways of
diverting some of the traffic traveling northwest on Kendall and using Palm as another
way to get students to and from the University campus. Mr. Suarez stated that the City
plans to create an on/off ramp off of Pepper-Linden, which would be renamed at a later
date.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
Aldona McGrew, 2358 Kendall Drive, San Bernardino, CA, stated that she received
notification from the City that eminent domain would be taking place. She stated that
she would like the City to consider purchasing the entire parcel so they would not be
left with a remnant commercial parcel that would not be economically feasible to build
on.
Jane Hunt, 2305 2nd A venue, San Bernardino, CA, spoke in opposition to the project,
stating that the area contains sensitive habitat and should be saved.
Council Member/Commissioner Mccammack stated that one of the issues in the letter
from the McGrews was that there was no ingress or egress onto the proposed roadway.
Mr. Casey stated that the plans do not show curb and gutter along that side of the
property because it is not part of the project. He noted that they intended to provide
that access from the onset and had made that commitment to the McGrews.
Council Member/Commissioner Mccammack requested that Mr. Casey provide the
McGrews with something in writing.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing relative to partial acquisition of
right of way, slope and drainage easement for APN 0261-231-06 (McGrew), be closed;
and that the hearing relative to partial acquisition of a slope and drainage easement for
APN 0261-231-07 (Haensly), be closed; and that the hearing relative to partial
acquisition of a slope and drainage easement for APN 0261-231-27 (Sehremelis), be
closed; and that said resolutions A-C, be adopted.
The motion carried and Resolution Nos. 2003-28, 2003-29, and 2003-30 were adopted
by the following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson. Nays: Council Member/Commissioner
Mccammack. Absent: None.
13 01/21/2003
Recess Meeting
At 6 p .m., Mayor/Chairman Valles recessed the meeting to 7 p.m. in the Council Chambers of
City Hall.
28. Request for continuance -Resolution approving Final Map for Tentative Tract No.
14112 -located northeasterly of the intersection of Foothill Drive and Sterling
Avenue (Continued from December 2, 2002)
29.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Mccammack, that the Final Map for Tentative Tract No.
14112 be continued to the Council/Commission meeting of May 19, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
RES. 2003-37 -Resolution of the Mayor and Common Council of the City of San
Bernardino granting a revocable license to the Southern California Gas Company
for its operations in the City of San Bernardino.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-37 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
30. Item deleted.
31. RES. 2003-38 -Resolution of the Mayor and Common Council of the City of San
Bernardino adopting the mission statement for a coalition of Organized Labor and
Local Governments within the Inland Empire created under the auspices of the
League of California Cities grassroots effort for the purpose of protecting local
government services and revenues.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-38 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: None.
14 01/21/2003
32. Presentation by SANBAG to obtain Council comments regarding the status of
Route 210 Project and overall SANBAG funding issues
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Anderson, 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, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: None.
33 . An Ordinance of the City of San Bernardino amending Chapter 8.60 of the San
Bernardino Municipal Code relating to Fireworks. FIRST READING
Peggi Hazlett, Assistant to the Mayor, identified the proposed changes as noted on the
goldenrod, "strike-out" and "grey-shaded" version of the fireworks ordinance.
The following individuals spoke in opposition to the proposed ordinance:
Eva Mino, 650 Church Place, Unit 2, Redlands, CA;
James Smith, 1156 E. 24th Street, San Bernardino, CA;
Walda Gorian, 3840 El Camino, San Bernardino, CA;
Leroy Gunderson, 990 W. Mill Street, San Bernardino, CA;
Cheri Bronstrup, 2842 Fremontia Drive, San Bernardino, CA;
Philip Nava, resident of Riverside, CA;
Peggy Baker, 2851 Valencia, San Bernardino, CA;
Rev. Keith Tolbert, 1930 College Avenue, San Bernardino, CA.
The following individuals spoke in favor of the proposed ordinance:
Darrell Hess, 2389 Palo Alto Way, Running Springs, CA;
Mary Cox, 219 E. 44th Street, San Bernardino, CA;
Roy Ferguson, 288 E. 47 th Street, San Bernardino, CA;
James T. Hall, 1688 Massachusetts, San Bernardino, CA;
Helena Aguilar, 4510 N. Waterman, San Bernardino, CA.
Fire Chief Larry Pitzer stated that the realignment of the hazardous fire area would
allow Fire and Police dispatchers to quickly identify the calls and determine which ones
should be handled as a priority. He stated that enforcement of both legal and illegal
fireworks would be accomplished more effectively by clearly defining the border along
the 30 Freeway .
15 01/21/2003
Council Member/Commissioner McCammack stated that currently there is a real effort
to put together other types of fundraising events for non-profit organizations in the
event the City were to ban fireworks.
Council Member/Commissioner Derry stated that the City does not have the resources
needed to enforce frreworks laws now and noted that the situation will only worsen with
the expansion of the area. He noted that the City would not be able to make up the
$400,000 non-profit organizations would lose if the City were to ban fireworks.
Council Member/Commissioner Longville stated that she was disappointed to see the
provision that only those organizations licensed to sell this year would be eligible to
continue selling fireworks in the future. She also stated that she did not see the Council
finding a solution that would allow a sunset.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that said ordinance be laid over for final adoption.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Suarez, Anderson, Mccammack. Nays: Council
Member/Commissioner Derry. Absent: None.
Note: Council Member/Commissioner Longville had originally registered a "no" vote
on this matter, but subsequently changed her vote.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor Pro Tern/ Acting Chairman Derry; Council Members/Commissioners Estrada,
Longville, 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: Mayor/Chairman Valles.
R34. Public hearing -multi-family Mortgage Revenue Bonds for the Sycamore Ridge
Apartments by the California Statewide Communities Development Authority
RES. 2003-31 -Resolution of the Mayor and Common Council of the City of San
Bernardino approving the issuance of Multi-Family Housing Revenue Bonds by the
California Statewide Communities Development Authority for the Sycamore Ridge
Apartments in the City of San Bernardino, California.
Council Member/Commissioner McCammack stated that she would be abstaining on
this matter because the property management company is a client of her company.
16 01/21/2003
Mayor Pro Tern/ Acting Chairman Derry opened the hearing.
Gary Van Osdel, Economic Development Agency Executive Director, presented
highlights of the staff report.
No public comments were received.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Longville, that the hearing be closed; and that said resolution
be adopted.
The motion carried and Resolution No. 2003-31 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson.
Nays: Council Member/Commissioner McGinnis. Abstentions: Council
Member/Commissioner McCammack. Absent: None.
R35. Approve -Contract Change Order No. One -Fibrwrap Construction, Inc. -
$28,317.93 -seismic retrofit and repair of City's five-level parking structure -
Plan No. 10304-A
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McGinnis, that the Community Development Commission
authorize approval of the use of bond proceeds in the amount of $28,317.93 for Change
Order No. One with the agreement with Fibrwrap Construction, Inc.; and that the
Mayor and Common Council authorize the execution of Change Order No. One, to
contract with Fibrwrap Construction, Inc. in the amount of $28,317.93 for seismic
retrofit and repair of City's five-level parking structure, per Plan No. 10304-A.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
R36 . Acceptance of additional Neighborhood Initiative Program (NIP) Funds in the
amount of $1 million -use of NIP Funds -Amendment No. 2 to City and Agency
Infrastructure Agreement
RES. CDC/2003-3 -Resolution of the Community Development Commission of the
City of San Bernardino authorizing the Agency Executive Director to execute
Amendment No. 2 to the Agreement dated July 1, 2002 by and between the
Redevelopment Agency and the City of San Bernardino for the provision of
additional infrastructure improvements in Neighborhood Initiative Program (NIP)
Target Area #1. (R36A)
17 01/21/2003
RES. 2003-32 -Resolution of the Mayor and Common Council of the City of San
Bernardino approving and authorizing the Mayor, or her designee, to execute
Amendment No. 2 to the Agreement dated July 1, 2002 by and between the City of
San Bernardino and the Redevelopment Agency of the City of San Bernardino for
the provision of additional infrastructure improvements in Neighborhood Initiative
Program Target Area #1. (R36B)
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that the Community Development Commission
accept from the County of San Bernardino Neighborhood Initiative Program (NIP)
Grant Fund an additional $1 million and authorize the Agency Executive Director to
implement the two new NIP Programs, the Multi-Family Housing Exterior
Beautification Grant and Infill Affordable Housing Grant as described in the staff
report, dated January 9, 2003, from Maggie Pacheco, Deputy Director, Economic
Development Agency; and that said resolutions A & B, be adopted.
The motion carried and Economic Development Agency Resolution No. CDC/2003-3
and Mayor and Common Council Resolution No. 2003-32 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None.
R37 . A Resolution of the Community Development Commission of the City of San
Bernardino authorizing the Executive Director of the Redevelopment Agency to
execute Amendment No. 1 to the 1999 Grant Agreement by and between Casa
Ramona, Inc., and the Redevelopment Agency of the City of San Bernardino.
Council Member/Commissioner Estrada stated that she would be abstaining from this
matter because Casa Ramona is her employer.
Gary Van Osdel, Economic Development Agency Executive Director, advised that the
Board of Directors of Casa Ramona had requested that the matter be tabled.
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Longville, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Abstentions: Council Member/Commissioner Estrada. Absent: None.
38. Public Comments
Aaliyah Harkley, Manager of the Westside Community Service Center, announced
that she was accepting donations for Dean Fletcher, former security guard for Ann
Harris, so he could attend his son's funeral in Michigan.
18 01/21/2003
Lisha Smith, Senior Public Information Specialist for the South Coast Air Quality
Management District (AQMD), introduced herself and highlighted some of the
programs that AQMD has put into place to assist businesses, local government and
residents.
Rick Avila, Avila Construction, 4022 N. "F" Street, San Bernardino, CA, stated that
he has a pending lawsuit against the City for discrimination and voiced his concerns
regarding the City's requirements relative to change orders.
SI. An Ordinance of the City of San Bernardino adding Chapter 8.61 prohibiting
fireworks and repealing Chapter 8.60 of the San Bernardino Municipal Code
relating to fireworks, effective July 16, 2005.
Note: No backup material was submitted.
Council Member/Commissioner McGinnis 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, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
S2. Conflicts of Interest Advisement
City Attorney Penman stated that because the new rules applied to both the Mayor and
the Council, and because the Mayor was not present, he suggested that this matter be
continued to February 3, 2003.
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Anderson, 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, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None.
Absent: None.
S3. Roles of Elected Officials pursuant to City Charter, State and case law
City Attorney Penman reviewed the roles of elected officials. No action was taken.
19 01/21/2003
S4. Resolution of the Mayor and Common Council of the City of San Bernardino
urging the California Legislature to reject the Governor's proposed shift of local
Vehicle License Fee (VLF) revenues and to honor the 1998 commitment to restore
the VLF.
Council Member/Commissioner Derry stated that since 1998 State spending has
increased $30 billion and the only tax cut the average middle class voter in the State of
California received was the VLF. He stated that he felt the State should hold to its
promise of returning the backfill to local governments; however, there is no guarantee
of that happening.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
The motion failed by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Suarez. Nays: Council Members/Commissioners McGinnis,
Derry, Anderson, Mccammack. Absent: None.
S5. Closed Session (See related Agenda Item No. 1 -page 1)
Pursuant to Government Code Section:
G. Conference with real property negotiator -pursuant to Government Code
Section 54956.8
1. Pro perty Address: HUB Properties
Negotiating Parties: Gary Van Osdel on behalf of the Redevelopment
Agency and
APN 0281-081-06
APN 0281-081-07
APN 0281-081-08
APN 0281-081-09
APN 0281-081-10
APN 0281-081-11
APN 0281-081-12
APN 0281-081-13
APN 0281-081-14
APN 0281-081-15
APN 0281-081-16
APN 0281-081-17
APN 0281-081-18
APN 0281 -081-19
APN 0281-081-20
APN 0281-082-01
APN 0281-082-02
APN 0281-082-03
20
Anaya
Lara
Raymond
Miao
Wiley
Rodriguez
Yeo
Lester
Liaou
Politano
Perpuly
Miranda
Shelton
Nanney-Wong
Mie, Nanney, Wong K. Trust
Trujillo
Trujillo
Bob Jensen Builders
01/21/2003
39. Adjournment
At 8:26 p.m., the meeting adjourned to 9:00 a.m. on Monday, January 27, 2003, in the
Economic Development Agency Boardroom, 201 North "E" Street, San Bernardino,
California, to review the Fiscal Year 2002/2003 City and Economic Development
Agency budgets.
The next joint regular meeting of the Mayor and Common Council and Community
Development Commission is scheduled for 1:30 p .m., Monday, February 3, 2003, in
the Council Chambers of City Hall, 300 North "D" Street. The public portion of the
meeting will begin at 3:00 p.m.
No. of Items: 44
No. of Hours: 5.5
21
RACHEL G. CLARK
City Clerk
By ~~
Linda Sutherland
Deputy City Clerk
01/21/2003