HomeMy WebLinkAbout02-18-2003 Jt Reg Mtg Minutes - MCCMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 18, 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
1:43 p.m., Tuesday, February 18, 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, Suarez, Anderson,
Mccammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent:
Council Members/Commissioners McGinnis, Derry.
Council Member/Commissioner Derry Arrived
At 2:55 p.m., Council Member/Commissioner Derry arrived at the Council meeting.
1. Closed Session
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;
California Bio-Mass, et al. v. City of San Bernardino, et al. -San Bernardino
Superior Court Case No. SCVSS 083473;
Jaime Alvarez, et al. v. Ci ty of San Bernardino -United States District Court
Case No. CV 00-0304B;
Redevelo pment Agenc y of the City of San Bernardino v. Jaime Alvarez, et al.-
United States District Court Case No. EDCV 02-142 RT (SGLx);
La France Hamilton v. City of San Bernardino, et al. -United States District
Court Case No. EDV 00-107 (RNBx);
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San Bernardino Redevelo pment Agency v. William Coo per -San Bernardino
Superior Court Case No. SCVSS 67622;
Gonzales, Ro y , et al. v. City of San Bernardino, et al. -San Bernardino
Superior Court Case No. SCVSS 54993;
Manta Management Cor p . v. City of San Bernardino, et al. -San Bernardino
Superior Court Case No. SCV 18157;
Jonathan Smith v. City of San Bernardino, et al.-United States District Court
Case No. CV98-1990 GAF (CTx).
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.
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. Pro perty Address: APN 151-241-04, APN 151-241-17 -
University and Northpark
Ne gotiating Parties : Bernard Kersey, General Manager, on
behalf of the City of San Bernardino Water
Department and Gary Van Osdel,
Executive Director, on behalf of the
Redevelopment Agency
Under Ne gotiation: Purchase price, terms & conditions
2 02/18/2003
2. Pro perty Address:
Ne gotiating Parties:
Under Ne gotiation:
APN 0281-083-02; 0281-083-03; 0281-
083-04; 0281-083-013; 0281-083-014;
0281-083-015; 0281-083-016; 0281-083-
017; 0281-083-018; 0281-083-020; 0281-
091-39
Gary Van Osdel on behalf of the
Redevelopment Agency and Jaks, L. L. C.
Purchase, terms & conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session under Agenda Item 1B, significant exposure to litigation:
Two claims involving former police officer Van Rossum: Katherine Houston and
Angelita Valdez; and
A complaint filed against the City Council by the District Attorney's Office on
February 12, 2003, regarding an alleged violation of the Brown Act at the February
3, 2003 Council meeting.
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 Dr. David Tinoco of St. Paul's United Methodist Church
followed by the pledge of allegiance, led by Council Member/Commissioner Mccammack.
Moment of Silence
Mayor/Chairman Valles requested that a moment of silence be observed in memory of Ernie
Wilson, former employee of the City of San Bernardino . Council Member/Commissioner
Estrada asked that a moment of silence be observed in memory of businessman Ramon
Elizalde.
2. Appointments
There were no commission appointments .
3. Proclamations & Presentations
A proclamation designating the month of March 2003 as Women's History Month in
recognition of the City's outstanding women of achievement was accepted by Peggi
Hazlett from the Mayor's Office and Eileen Gomez from Development Services.
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4.
Certificates of recognition and a framed copy of the "Celebrating Our Heritage" poster
were presented to Amy Coker' s third grade class from Palm A venue Elementary School
following a shortened version of their performance of "A City of History."
Mayor/Chairman Valles publicly congratulated Palm Avenue Elementary School and its
principal, Mrs. Janet Stinson, on receiving the Creative School of Excellence Award
given by the California Alliance for Arts Education, which is part of the Kennedy
Center Alliance for Arts Education Network.
David Pruitt, Executive 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
Rose Prewitt Animal Control 5
Gregory Lee Code Compliance 15
Howard Bennett Fire 25
Doug Dupree Fire 5
Roger Sanchez Library 5
Marci Atkins Police 5
Stephen Barilics Police 30
Edward Child Police 10
Robert Cravens Police 20
Bob Descaro Police 25
Ricardo Tomboc Police 20
Lillie Jackson Public Services 5
Donald Johnson Public Services 15
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.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, 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, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent:
Council Member/Commissioner McGinnis .
4 02/18/2003
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, 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: January 21, 2003.
The motion carried by the following vote: Ayes : Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
7. Claims & Payroll
Council Member/Commissioner Anderson 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 January 22, 2003 from Barbara
Pachon , Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the personnel actions as submitted by the Chief
Examiner dated February 12, 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, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent:
Council Member/Commissioner McGinnis .
9. RES. 2003-44 -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 and its police employees in the case of Adrian Eugene Moore v.
City of San Bernardino; San Bernardino Police Officers Ernesto Antillon, Mike
Golubic, Sgt. Schwenka, Bustamante, Quiroz, and Lee Dean, Chief of Police.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
5 02/18/2003
Resolution No. 2003-44 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
10. Reject all bids -landscape median on "E" Street from 2nd Street to 4 th Street -
Plan No. 10454
11.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council reject all bids for
the landscape median on "E" Street from 2nd Street to 4th Street, per Plan No. 10454.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
RES. 2003-45 -Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Nikola Construction Corporation dba Nikola
Corporation for sewer improvements on Court Street, between "E" Street and
"D" Street, per Plan Drawing No. 10561.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-45 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
12. RES. 2003-51 -Resolution of the Mayor and Common Council of the City of San
Bernardino awarding a contract to Gilbert Ayala and Sons Inc. for construction of
pavement rehabilitation (Phase III), per Plan No. 10581.
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted; and that the Finance
Director be authorized to amend the 2002/03 Capital Project Budget by transferring
$70,300 from Account No. 129-367-5504-7200 (9 th Street Pavement Rehabilitation) to
Account Numbers 129-367-5504-7293 (Meridian Avenue Pavement Rehabilitation from
Mill Street to end -$54,300) and 129-367-5504-7297 (Meridian Avenue Pavement
Rehabilitation for 6th to Etiwanda Avenue -$16,000) to allow for the extension of work
areas.
The motion carried and Resolution No. 2003-51 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Derry, Suarez, Anderson,
Mccammack. Nays: Council Member/Commissioner Longville. Absent: Council
Member/Commissioner McGinnis.
6 02/18/2003
13. RES. 2003-46 -Resolution of the City of San Bernardino declaring its intention to
order the vacation of portions of Piedmont Drive, north of Marshall Boulevard,
Marshall Boulevard, between Blythe Street and Victoria A venue, and Victoria
Avenue, north of Piedmont Drive. (See related Agenda Item No . 28, page 13)
Council Member/Commissioner McCammack stated that she would be abstaining on
this matter as the applicant is one of her company's major accounts .
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-46 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson. Nays: None.
Abstentions: Council Member/Commissioner Mccammack. Absent: Council
Member /Commissioner McGinnis.
14 . RES. 2003-47 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to issue a purchase order to the
United States Department of Health and Human Services-Supply Service Center in
the amount not to exceed $85,000.00 for pharmaceuticals.
15.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No . 2003-47 was adopted by the following vote : Ayes : Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
RES. 2003-48 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Purchasing Manager to issue a purchase order to L. N.
Curtis & Sons in the amount of $55,610.53 for self contained breathing apparatus
(SCBA).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-48 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
7 02/18/2003
16. RES. 2003-49 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing an increase to an annual purchase order to Metro dba Star
Auto Parts for the purchase of automotive parts and supplies utilized by the Public
Services Department Fleet Division.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-49 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
17 . RES. 2003-50 -Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing an increase to an annual purchase order, with three (3)
single year renewal options, to Tee of California for the purchase of specific
equipment parts for the Public Services Refuse Fleet utilized by the Public Services
Department Fleet Division.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-50 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
18. RES. 2003-54 -Resolution of the Mayor and Common Council of the City of San
Bernardino ratifying the submittal of a grant application by the Director of Parks,
Recreation and Community Services for CDBG funding in the amount of $19,500
from the Town of Apple Valley for the Senior Companion Program (SCP).
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-54 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
19. RES. 2003-55 -Resolution of the Mayor and Common Council of the City of San
Bernardino ratifying the submittal of a grant application by the Director of Parks,
Recreation and Community Services for CDBG funding in the amount of $19,884
from the City of Victorville for the Senior Companion Program (SCP).
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
8 02/18/2003
Resolution No. 2003-55 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
20. RES. 2003-56 -Resolution of the Mayor and Common Council of the City of San
Bernardino ratifying the submittal of a grant application by the Director of Parks,
Recreation and Community Services for CDBG funding in the amount of $19,884
from the City of Hesperia for the Senior Companion Program (SCP).
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-56 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
21. RES. 2003-57 -Resolution of the Mayor and Common Council of the City of San
Bernardino ratifying the submittal of a grant application by the Director of Parks,
Recreation and Community Services for CDBG funding in the amount of $83,500
from the County of San Bernardino Department of Economic & Community
Development for the Senior Companion Program (SCP).
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-57 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
22. Public hearing -Resolution imposing liens on real property located in San
Bernardino for uncollected business registration fees
RES. 2003-52 -Resolution of the City of San Bernardino imposing liens on certain
parcels of real property located within the City of San Bernardino for uncollected
business registration fees.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
9 02/18/2003
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Mccammack, that the hearing be closed; that the City Clerk be
directed to administratively remove any properties from Exhibit A which have been
paid prior to the hearing; and that said resolution be adopted.
The motion carried and Resolution No. 2003-52 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
23. Public hearing -Resolution ordering a proposed vacation of a 10-foot public utility
easement -between 20th Street and 21 st Street, west of Kenwood A venue
RES. 2003-53 -Resolution of the City of San Bernardino ordering the vacation of
a 10-foot public utility easement located between 20 th Street and 2!51 Street, west of
Kenwood A venue.
Council Member/Commissioner Longville stated that she would be abstaining on this
matter as her home is located in the area.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the public hearing be closed and the Findings of
Fact, as set forth in the Staff Report dated February 5, 2003, from James Funk,
Director of Development Services, as to why a 10-foot public utility easement located
between 20 th Street and 2!5 1 Street, west of Kenwood Avenue, is no longer necessary
for public street purposes, be adopted; and that said resolution be adopted.
The motion carried and Resolution No. 2003-53 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Derry, Suarez, Anderson,
Mccammack. Nays: None. Abstentions: Council Member/Commissioner Longville.
Absent: Council Member/Commissioner McGinnis.
24. Conflicts of Interest Advisement (Continued from February 3, 2003)
City Attorney Penman requested that this matter be continued to the next Council
meeting because Council Member/Commissioner McGinnis was absent.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be continued to March 3, 2003 .
02/18/2003
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
25. Report by City Administrator concerning the City's agreement for Utility User's
Tax compliance services with MMC (Don Maynor, et. al) -settlement agreement
with In Touch Communications, Inc.
City Administrator Wilson explained that at the January 21, 2003 Council meeting,
further information was requested concerning the City's utility user's tax audit services
as it related to the settlement agreement with In Touch Communications.
Mr. Wilson reviewed highlights of the staff report.
Council Member/Commissioner Mccammack questioned whether there were any
additional monies due MMC for FY 2002/2003 for the utility user's tax service they
provide.
Mr. Wilson stated that there may be additional compensation due to the firm, but it
depends on the service being provided. He noted that they provide some audit services
that are based on a contingency fee arrangement.
Council Member/Commissioner Mccammack suggested that this item go back to the
Ways and Means Committee to make sure the Council understands the total scope of
services provided by MBIA MuniServices Company (MMC).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Mccammack, that the matter be referred back to the Ways and
Means Committee for further clarification.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
26. Transfer and appropriation of funds -budget of the City Attorney's Office
Council Member/Commissioner Estrada suggested adding the following language to the
first paragraph of the motion after Inland Valley Development Agency: "at the end of
escrow on any of the EDA (Economic Development Agency) properties currently in
escrow."
11 02/18/2003
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the Economic Development Agency is
directed to reimburse the City General Fund in the amount of $137,000 from the
low/moderate income housing funds received from the Inland Valley Development
Agency at the end of escrow on any of the EDA properties currently in escrow; said
reimbursement is for $137,000 spent from the City's General Fund this fiscal year for
defense of the Alvarez v. Ci ty of San Bernardino case. In addition, $90,000 will be
transferred from the City's undesignated/unreserved General Fund balance or from the
City's General Fund reserve. $10,000 will be transferred from salary savings in the
City Attorney's budget to Account No. 001-051-5123 (law library books); and
The Director of Finance is directed to amend the Fiscal Year 2002-2003 City
Attorney's budget to credit Account No. 001-051-5177 (Litigation Expenses) $25,400
and to credit Account No . 001-051-5503 (Litigation -Outside Attorneys) $111,600 and
to add the sum of $90,000 to Account No. 001-051-5503 (Litigation -Outside
Attorneys) and to credit the sum of $10,000 from salary savings in the City Attorney's
budget to Account No. 001-051-5123 (law library books).
The motion carried by the following vote: Ayes : Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
27. Ordinance of the City of San Bernardino amending Section 10.24.190 of the San
Bernardino Municipal Code to prohibit commercial vehicles on Poplar Street
between Pepper A venue and Meridian A venue and Meridian A venue between Mill
Street and the end of Meridian Avenue north of Walnut Street. FIRST READING
Council Member/Commissioner Estrada suggested that the City look at designating
fewer streets on which large trucks would be allowed to travel. She stated that maybe
the time has come for State legislation that would look at this issue and award
additional revenue to those communities to pay for street repair.
City Administrator Wilson stated that he would discuss the options with Development
Services Director James Funk.
Council Member/Commissioner Suarez 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, Derry, Suarez, Anderson, Mccammack. Nays : None . Absent:
Council Member/Commissioner McGinnis.
12 02/18/2003
Recess Meeting
At 4:54 p.m., Mayor/Chairman Valles recessed the meeting to 7 p.m. in the Council
Chambers of City Hall.
28. Public hearing -General Plan Amendment No. 00-02 deleting portions of
Piedmont Drive, Marshall Boulevard, and Victoria A venue from the General Plan
Circulation Element (See related Agenda Item No. 13, page 7)
RES. 2003-59 -Resolution of the City of San Bernardino adopting General Plan
Amendment No. 00-02 to the General Plan of the City of San Bernardino, to delete
portions of Piedmont Drive, Marshall Boulevard, and Victoria A venue from the
General Plan Circulation Element.
Council Member/Commissioner Mccammack stated that she would be abstaining on
this matter as the applicant is one of her company's major accounts.
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner, reviewed highlights of the staff report.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that the hearing be closed; that the Mayor and
Common Council adopt the Mitigated Negative Declaration, Mitigation
Monitoring/Reporting Program, and General Plan Amendment No. 00-02; and that said
resolution be adopted.
The motion carried and Resolution No. 2003-59 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson.
Nays: None. Abstentions: Council Member/Commissioner Mccammack. Absent:
Council Member/Commissioner McGinnis.
29. Public hearing -General Plan Amendment No. 02-07 and Conditional Use Permit
No. 02-13 to change the land use designation from RU-1, Residential Urban, to
CG-1, Commercial General, and to establish a mini storage facility for a 9.8 acre
parcel -north side of Kendall Drive, approximately 1,250 feet east of Palm Avenue
RES. 2003-60 -Resolution of the City of San Bernardino adopting General Plan
Amendment No. 02-07 to the General Plan of the City of San Bernardino, to
amend the General Plan Land Use Designation from RU-1, Residential Urban, to
CG-1, Commercial General, for 9.8 acres located on the north side of Kendall
Drive, approximately 1,250 feet easterly of Palm Avenue.
13 02/18/2003
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner, reviewed highlights of the staff report.
Council Member/Commissioner Suarez stated that residents have told him time and
time again that they do not want any more apartments in that area, but he indicated that
he was not sure what the best use of the property would be.
Ms. Ross stated that the site is awkward in that there is a 100-foot setback from the
channel for flood control purposes, which is the area proposed for recreational vehicle
(RV) storage. She stated that staff provided two options for trellises to be placed in
front of the buildings to complement the landscaping. Ms. Ross also stated that the
Development Services Department has a relatively new condition of approval where
they require the applicant to list all conditions of approval and standard requirements on
the plans when they are submitted to Plan Check and Public Works prior to issuance of
any site improvements or building permits.
Council Member/Commissioner Mccammack stated that the parcels to the northwest
and southwest are zoned commercial and the subject property is zoned for apartments.
She noted that if they take into consideration the fact that the Fifth Ward does not want
any more apartments, and that many of the residents have smaller lots and have no
place to park their RVs and boats, this would be a good opportunity to get them off the
streets.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
Timothy Ball, 2795 White Pine A venue, San Bernardino, CA, spoke in opposition to
the project, stating that there is already unused existing storage in the immediate area
and was very concerned about the number of RVs that will be stored there. He was
also concerned about the amount of light pollution that would be generated.
Anthony Blacksher, 2724 Cincinnati, San Bernardino, CA, spoke in opposition to the
project voicing his concerns regarding traffic, parking, fencing, and blight. He stated
that given the choice, he would prefer to see apartments in that area rather than storage.
Joe Solis, 2734 Cincinnati, San Bernardino, CA, spoke in opposition to the project,
stating that he also would prefer to have apartments rather than storage in that area.
David Mlynarski, 164 W. Hospitality Lane, San Bernardino, CA, stated that he felt
this was a good project and hoped the Mayor and Common Council would support
staff's recommendation.
14 02/18/2003
Joe Ramirez, 6984 N. Little League Drive, San Bernardino, CA, stated that he was
concerned that the developer would not keep the promises he has made.
Council Member/Commissioner Longville asked why the number of RVs increased
from 40 to 120 in the revised conditions of approval.
Ms. Ross stated that 40 was an arbitrary number that was later modified after speaking
directly with the applicant.
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; that the Mayor and
Common Council adopt the Mitigated Negative Declaration and Mitigation
Monitoring/Reporting Program; adopt the resolution approving General Plan
Amendment No. 02-07, and approve Conditional Use Permit No. 02-13, based on the
Findings of Fact contained in the Planning Commission staff report (Exhibit 1), subject
to the Revised Conditions of Approval (Exhibit 4) and Standard Requirements, (Exhibit
1, Attachment D), per the recommendation of the Development Services Department.
The motion carried and Resolution No. 2003-60 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: Council Member/Commissioner McGinnis.
30. Determination of Public Convenience and Necessity for a Type 20 Liquor License -
Carniceria El Rodeo Meat Market -1208 West 5th Street
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Mccammack, that the Mayor and Common Council make a
determination that the public convenience or necessity is served and direct the
Development Services Department to send a letter to the Department of Alcoholic
Beverage Control for a Type 20 (off-sale beer and wine) liquor license for Carniceria
El Rodeo Market located at 1208 West 5th Street.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, Derry, Suarez,
Anderson, Mccammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, and
Economic Development Agency Executive Director Van Osdel. Absent: Council
Member/Commissioner McGinnis.
15 02/18/2003
R31. RES. 2003-58 -A Resolution of the Mayor and Common Council of the City of
San Bernardino renewing the City's Participation in the Agua Mansa Recycling
Market Development Zone.
Council Member/Commissioner Mccammack ~ade a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted .
Resolution No. 2003-58 was adopted by the following vote : Ayes: Council
Members/Commissioners Estrada , Longville, Derry, Suarez, Anderson, Mccammack.
Nays: None. Absent: Council Member/Commissioner McGinnis.
32. Public Comments
Sl.
John Ragsdale, resident of San Bernardino, dedicated a vignette to all children around
the world regarding the effects of war.
Jeff DeFillipes, 275 E. 28 th Street, San Bernardino, stated that he would like to see
better streets and sidewalks, more bicycles, and no fireworks in the City of San
Bernardino.
Pastor Elliott, Mt. Zion Church, 2171 W. Lincoln, San Bernardino , CA, expressed his
gratitude and appreciation for all the City employees who attended their town hall
meeting.
MC-1138 -An Ordinance of the City of San Bernardino amending Chapter 8.60 of
the San Bernardino Municipal Code relating to fireworks. FINAL READING
Mayor/Chairman Valles explained that this item was placed on the agenda again
because the District Attorney alleged that the City was in violation of the Brown Act at
the Council meeting of February 3, 2003, for taking action before giving members of
the public an opportunity to speak .
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Estrada, that the item be reconsidered.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
Council Member/Commissioner McGinnis.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Derry, that said ordinance be adopted including the three
amendments she proposed at the February 3, 2003 Council meeting. (The vote was
taken following further discussion.)
16 02/18/2003
The following individuals spoke in opposition to the amendment:
Roy Ferguson, 288 E. 47 th Street, San Bernardino, CA, stated that fireworks are used
year-round in the fire danger area.
Mary Cox, 219 E. 44th Street, San Bernardino, CA, suggested that the Council should
look at the ordinance again and give it some "teeth."
The following individual spoke in favor of the amendment:
James M. Smith, 1156 E. 24th Street, San Bernardino, CA, stated that he supported the
amendment, but had a concern about the lack of time remaining to relocate the
fireworks sites.
James T. Hall, 1688 Massachusetts, San Bernardino, CA, stated that he was in favor
of banning fireworks, but felt the amendment was a step in the right direction.
Council Member/Commissioner Mccammack asked if the three amendments proposed
by Council Member/Commissioner Longville could be voted upon separately.
City Attorney Penman advised that the Council should vote on the final reading of the
ordinance first and then make a motion to amend.
Mayor/Chairman Valles concurred.
Council Member/Commissioner Mccammack made a motion, seconded by Council
Member/Commissioner Estrada, that the final reading of the ordinance be adopted.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, Suarez, Anderson, Mccammack. Nays: Council
Member/Commissioner Derry. Absent: Council Member/Commissioner McGinnis.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that each amendment be taken separately.
The motion failed by the following vote: Ayes: Council Members/Commissioners
Longville, Derry, Mccammack. Nays: Council Members/Commissioners Estrada,
Suarez, Anderson. Absent: Council Member/Commissioner McGinnis.
The motion previously made by Council Member/Commissioner Longville, seconded
by Council Member/Commissioner Derry, to adopt the ordinance including the
amendments failed by the following vote: Ayes: Council Members/Commissioners
Longville, Derry, Mccammack. Nays: Council Members/Commissioners Estrada,
Suarez, Anderson. Absent: Council Member/Commissioner McGinnis.
17 02/18/2003
33. Adjournment
The meeting adjourned at 8:24 p.m . The next joint regular meeting of the Mayor and
Common Council and Community Development Commission is scheduled for I: 30
p.m., Monday, March 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: 34
No. of Hours: 4.5
18
RACHEL G. CLARK
City Clerk
By~L ~,y(__
Linda Sutherland
Deputy City Clerk
02/18/2003