HomeMy WebLinkAbout03-03-2003 Jt Reg Mtg Minutes - MCCMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
MARCH 3, 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 1:34 p.m., Monday, March 3, 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, McGinnis, Derry,
Suarez, Anderson, Mccammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member/Commissioner Longville.
Council Member/Commissioner Longville Arrived
At 1 :45 p.m., Council Member/Commissioner Longville arrived at the
Council/Commisison meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel -ex1stmg 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. City of San Bernardino -United States District
Court Case No. CV 00-0304B;
Redevelo pment Agenc y of the Ci ty of San Bernardino v. Jaime Alvarez,
et al . -United States District Court Case No. EDCV 02-142 RT
(SGLx);
1 3/3/2003
Wind y Anno v. City of San Bernardino, et al. -San Bernardino Superior
Court Case No. SCVSS 080739;
Ronald Arnett, et al. v. California Public Em plo yees' Retirement System
(PERS), et al. -United States District Court Case No. C 95 3022 CRB;
Manta Management Co rp . v. Ci ty of San Bernardino, et al. -San
Bernardino Superior Court Case No. SCV 18157;
Inland Valle v. Elisa L. Gurrola, et al. -San
Bernardino Superior Court Case No. SCVSS 087907;
Inland Valle y Develo pment Agencv v. Robert C. Newman II, et al. -
San Bernardino Superior Court Case No. SCVSS 089202;
Daniel Cravens v. Ci ty of San Bernardino -San Bernardino Superior
Court Case No. SCVSS 076715;
Fayez Hussein aka David Hussein, and Numan Kofrani v. Ci ty of San
Bernardino -San Bernardino Superior Court Case No. SCVSS 94105;
Robert Miller v. City of San Bernardino, Sgt. Durwood Williams, and
Does 1 through 10, Inclusive -United States District Court Case No.
EDCV-02-407 V AP (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: Van Rossum claim and Cypress Inn
Mobile Home Park.
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.
2 3/3/2003
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:
Property: HUB Properties
Ne gotiating Parties: Gary Van Osdel, Executive Director, on behalf of
the Redevelopment Agency and
0281-081-08 Raymond M. Tucker Living Trust
0281-081-09 Douglas R. Nelson
0281-081-10 Jimmy R. Wiley
0281-081-11 Julio D. Rodriguez, Anthony Rodriguez
0281-081-12 Seng Kin Yeo
0281-081-13 Robert A. Lester, Ivy Y. Lester
0281-081-14 Estefani Liaou
0281-081-16 Francisco Perpuly
0281-081-17 Oscar Miranda, Jose Miranda
0281-081-18 Henry W. Shelton, Betty J. Shelton
0281-081-19 Kam Mie Nanney-Wong
0281-081-20 Kam Mie Nanney-Wong
0281-082-01 Juan P. Trujillo, Consuelo Y. Trujillo
0281-082-02 Juan P. Trujillo, Consuelo Y. Trujillo
0281-082-03 Pomona First Federal
Under Ne gotiation: Purchase price, terms & conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Under Agenda Item I.A., existing litigation:
Shirle y Goodwin v. Ci ty of San Bernardino, et al. -United States District Court
Case No. EDCV 98-66 RT.
Under Agenda Item l.B., significant exposure to litigation:
A claim involving former police officer Van Rossum filed by Cora Polidore .
3 3/3/2003
Closed Session Announcement
City Attorney Penman announced that the Mayor and Common Council had also
discussed the following in closed session:
Peo ple v. Jeffrey T. Wri ght -San Bernardino Superior Court Case No. 658920
JW; and
Disposition of the following cases:
Patrick Rainey v. Cit of San Bernardino -an allegation of excessive force by
one of the City's police officers -the judge granted a motion to dismiss.
Windy Anno v. Ci ty of San Bernardino -a slip and fall case in front of the
Feldheym Library -the court found no duty of care. The plaintiff appealed the
ruling, which the City successfully fought, and the Court of Appeal affirmed the
original judgment of the trial court, dismissing the case.
Fayez Hussein aka David Hussein and Numan Kofrani v. Ci ty of San
Bernardino -a case involving the City's denial of a Conditional Use Permit to
upgrade an Alcoholic Beverage Control Type 20 (off-sale beer and wine) to a
Type 21 (off-sale general) license at the existing Budget King Meat Market -the
petitioners filed a Request for Dismissal prior to the court hearing.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel 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 Reverend Mary S. Martin of St. John's Episcopal Church,
followed by the pledge of allegiance, led by Michele Tasso, a graduating student from
Anderson School.
Moment of Silence
Mayor/Chairman Valles requested a moment of silence in remembrance of Hal
Heywood, a long-time resident and businessman in the City of San Bernardino, and
longtime City employee and community activist, Willie Garrett, and extended
condolences to the Heywood and Garrett families .
2. Appointments
There were no commission appointments.
4 3/3/2003
3. Proclamations & Presentations
Mayor Valles presented a proclamation commemorating the 13 pt anniversary of
Arbor Day to Dennis Garrahan, the City's arborist.
Mayor Valles congratulated Councilwoman Susan Longville for her
participation and completion of the Los Angeles Marathon.
4. Announcements
Announcements were made by the Mayor, members of the Common Council,
elected officials, and a representative from the Chamber of Commerce regarding
various civic, community, and chamber events and activities .
5. Waive full reading of resolutions & ordinances
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that full reading of the resolutions and
ordinance 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. Council Minutes
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the minutes of the following meetings of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: January
27, 2003; 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.
7. Claims & Payroll
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated February 25,
2003 from Barbara Pachon, Director of Finance, be approved .
5 3/3/2003
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
8. Personnel Actions
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the personnel actions as submitted by the
Chief Examiner dated February 25, 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.
9. ORD. MC-1139 -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. FINAL READING
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said ordinance be adopted.
Ordinance No. MC-1139 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
10. RES. 2003-61 -Resolution of the City of San Bernardino amending
Resolution No. 655 entitled, in part, "A Resolution ... designating certain
streets, or portions thereof as through highways ... " and declaring Sixteenth
Street a through highway at its intersections with Clyde Street, Glenview
Street, Flores Street, Massaro Lane, Hancock Street and Cabrera A venue.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-61 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
6 3/3/2003
11 . Adopt Negative Declaration for street improvements associated with the
Pepper Linden Drive Extension (proposed Campus Parkway) from Kendall
Drive to Northpark Boulevard & install traffic signal at Pepper Linden
Drive and Kendall Drive
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Negative Declaration for street
improvements to Pepper Linden Drive (proposed Campus Parkway) from
Kendall Drive to Northpark Boulevard and installation of traffic signal at Pepper
Linden Drive (Campus Parkway) and Kendall Drive, be adopted.
The motion carried by the following
Members/Commissioners Estrada, Longville,
Anderson, Mccammack. Nays: None. Absent:
vote: Ayes:
McGinnis, Derry,
None.
Council
Suarez,
12. Approve Change Order No. One -Laird Construction Co., Inc., -relocate
pavement rehabilitation project locations (From: Lexington Parkway from
Hallmark Parkway to cul-de-sac; Saratoga Way from Georgia Boulevard to
Hallmark Parkway; Shenandoah Way from Hallmark Parkway to cul-de-
sac; Georgia Boulevard from Gannett Parkway to Saratoga Way and
Gannett Parkway from Georgia Boulevard to Hallmark Parkway -To:
Hallmark Parkway, from Saratoga Way to a point 1,437 linear feet
northwest; Hallmark Parkway, from the 1,437th foot location to the bridge
at Devil's Canyon Channel; California Street, from Porter Street to 30 th
Street) -Plan No. 10510 -authorize Finance Director to amend the FY
2002/03 budget
City Clerk Clark announced that the increase to the project contingencies was
actually $49,124.16 rather than $20,000 as indicated on the agenda, which
would increase the total project contingencies from $27,037 to $76,161.16.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council
authorize execution of Change Order No. One in the amount of $44,950.16 to
contract with Laird Construction Co. Inc., for pavement rehabilitation on
Lexington Parkway from Hallmark Parkway to cul-del-sac; Saratoga Way from
Georgia Boulevard to Hallmark Parkway; Shenandoah Way from Hallmark
Parkway to cul-de-sac, Georgia Boulevard from Gannett Parkway to Saratoga
Way and Gannett Parkway from Georgia Boulevard to Hallmark Parkway per
Plan No . 10510; and
7 3/3/2003
That the Mayor and Common Council authorize the Director of Finance to
amend the 2002/03 Capital Project budget by establishing new Account No.
135-378-5504-xxxx (California Street) in the amount of $90,000, and Account
No. 135-378-5504-xxxx (Hallmark Parkway) in the amount of $204,000 in the
FY 2002/03 budget and transferring $294,000 from Account No. 135-378-5504-
7287 through 7291 to Account No . 135-378-5504-xxxx (California Street -
$90,000) and Account No. 135-378-5504-xxxx (Hallmark Parkway -$204,000),
leaving the remainder in Unreserved Fund 135 fund balance; and
That the Purchasing Manager be authorized to increase the project contingencies
by $49,124.16 from $27,037 to $76,161.16.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
13. RES. 2003-62 -Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order between
the City of San Bernardino and Diversified Metal Fabricators, Inc. for the
purchase of bleachers per RFP Bid Specification F03-021.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-62 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
14. Resolution of the City of San Bernardino authorizing the execution of an
agreement with the California Highway Patrol and the San Bernardino
Police Department regarding the Cargo Theft Interdiction Program.
City Attorney Penman stated that staff was requesting that this matter be
continued to the next meeting.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Mccammack, that the matter be continued to the
Council/Commission meeting of March 17, 2003.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
s 3Dnom
15 . RES. 2003-63 -A Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an Easement
Agreement with the City of Colton for power transmission lines.
Council Member/Commissioner Mccammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-63 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None. Absent: None.
16 . Public hearing -resolution ordering work -California Street & 16th Street
Landscape Maintenance Assessment District No. 1029 -Tract No. 13822
RES. 2003-64 -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 California Street and
16th Street, approving the Final Engineer's Report, creating an Assessment
District to cover the costs of said maintenance, known as Assessment
District No. 1029, ordering the work, confirming the 2003-2004 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.
James Funk, Director of Development Services, provided an overview of the
staff report.
No public comments were received .
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez. that the hearing relative to the formation of the
California Street and 16th Street Landscape Maintenance Assessment District
No. 1029 be closed; and that said resolution be adopted.
The motion carried and Resolution No. 2003-64 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None.
9 3/3/2003
17. Conflicts of Interest Advisement
City Attorney Penman provided an update of new legislation, effective January
1, 2003, which is applicable to local elected officials, and also reviewed certain
recurring matters relevant to the Mayor and Council.
Mr. Penman advised that pursuant to the Political Reform Act, if an individual
receives a legal written opinion from the Fair Political Practices Commission,
based on facts given to them, and provided they have been given all the facts,
that says the individual does not have a conflict situation and is not in violation
of the Act, that written opinion immunizes the person from both civil and
criminal prosecution.
No action was taken on this matter.
18. An Ordinance of the City of San Bernardino amending Section S.04.500 of
the San Bernardino Municipal Code and adding Section 5.04.501 to the San
Bernardino Municipal Code relating to discount malls and swap meets.
FIRST READING
Niles Grace, 1520 South "E" Street, San Bernardino, CA, owner of Heritage
Antique Mall, expressed opposition to the proposed amendment, stating that it
appeared to be a selective code exception that applies to a single operator at this
time. He wondered whether all of the vendors would at least be required to
register, or complete some type of paperwork, in order to track them or know
who they are, since almost every item stolen from his establishment has been
discovered at swap meets. He pointed out that if they are transient and do not
hold a permit, and they are coming in on a one-time basis and someone is
paying their fee for them, tracking these individuals or finding out where they
are may be a subject of law enforcement.
Raymond Woodcock, 18830 Bobwhite Court, Bloomington, CA, representing
himself and a potential group of individuals who may promote events in the city
that would fall under this description, expressed opposition to the amendment,
stating that it appears it may conflict with fair business practices. He stated that
the fee, by definition, is the responsibility of the individual or business grossing
the income.
Council Member/Commissioner Mccammack noted that the ordinance appeared
to be missing a small piece which would make sure that each and every vendor
is licensed by the City .
10 3/3/2003
Council Member/Commissioner McGinnis pointed out that this amendment
would affect only one outdoor swap meet operator in the city. He stated it does
not apply to any of the indoor swap meets, but would allow this one operator to
be competitive with other outdoor swap meets.
Council Member/Commissioner Longville felt it would be prudent to pass the
first reading of the ordinance, and if it appeared the ordinance needed to be
amended because it is having some negative impact not foreseen at this time,
then bring it back to the Council for further review.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that said ordinance be laid over for final
adoption. (Note: There was no vote taken.)
Council Member/Commissioner Anderson noted that there is a $12 million
cargo theft that goes on in the United States every year. She stated that past
raids on the City's swap meets have found vendors who are selling stolen goods,
and expressed concern that the City would not have a viable paper trail to track
these individuals. She also questioned what the revenue advantage would be to
amending the ordinance as proposed.
Council Member/Commissioner Longville advised that it would provide revenue
of $30,000 per year to the City, and that those individuals who sell stolen goods
are a small percentage of the individuals who sell on a regular basis at the swap
meets.
Council Member/Commissioner Mccammack stated that it behooves the
property owner to come in and pay the $30,000 per year, so that the City does
not go and investigate every one of his vendors and make them accountable.
She pointed out that there are many property owners in southern California that
insist on that kind of information before they let a vendor in their door so that
they can protect the customer. She stated that she believed the City should be
wanting to protect the customer by requiring the proper registration and that the
proper taxes are paid. Otherwise it minimizes the ability of other legitimate
retailers and wholesalers to sell their goods at a fair market value with an
unequal "playing field." She did not believe the matter should go one step
further until the City is making every single seller of goods, products, and
wares in this community accountable to the same business license standard as
the rest of the businesses in town are being held to.
Council Member/Commissioner Estrada also had concern that the Council did
not have enough information yet to be able to vote on this matter. She stated
she would like more information on the different types of swap meets in the
11 3/3/2003
area. She stated she was not prepared to vote for a first reading of the
ordinance at this time.
Council Member/Com.missioner McGinnis stated that the only thing being
accomplished by requiring every vendor to obtain a business license is that it
protects the National Orange Show grounds. He stated that for whatever
reason, the City gets absolutely nothing from them-no sales tax, no vendor
license fees, no nothing-and they are the only competition with this particular
business in the City. He added that this business is not comparable with indoor
swap meets; and no other outdoor swap meets in surrounding cities have the
rules that we have. He pointed out that the only reason we have these rules is
that they were created to cover this particular business, because until he started
his business the Municipal Code did not cover outdoor swap meets because
there weren't any in the city.
City Attorney Penman advised that the current wording of the code came about
because this same gentleman did not want to have to pay for the licenses of the
individual vendors, so City staff wrote the code the way he wanted it.
Subsequently, he came back, after he found out a lot of people who would sell
at the Orange Show did not want to come down and get the license to sell at his
swap meet-this was a business problem that he encountered.
Mr. Penman stated that it has been known for years that outdoor swap meets are
known as the "stolen property exchange." He ascertained that other cities do
have requirements that require the owner of the property to check each person
coming in to make sure they have a business license before they come in.
Mr. Penman advised that his office had spent the last several weeks tracking
down transient vendors. He stated that in a number of the places that appeared
to be yard sales there was brand new merchandise, stolen merchandise, etc.
After hearing the comments of Council Members/Commissioners Estrada,
Anderson, and Mccammack, he thought it would be prudent to check on what
other cities do before going ahead with this ordinance.
Council Member/Com.missioner Mccammack stated that she had concerns
regarding the fact that the ordinance was being changed for one particular
property owner. She stated that there are many businesses in this city that are
not swap meet oriented that rent space within their building, which establishes a
paper trail and some accountability for the revenue flowing through their own
personal coffers. She stated that if the Mayor and Council were going to change
this ordinance now, it was her feeling that they have a responsibility to change it
to be in the best interests of the taxpayers and the best interests of City Hall, and
not necessarily to the best interest of one property owner.
12 3/3/2003
Council Member/Commissioner Estrada made a substitute motion, seconded by
Council Member/Commissioner Anderson, that the matter be referred back to
the Legislative Review Committee for further review and a determination of
what other cities are doing in similar circumstances.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
19. Legislative Task Force Update
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Anderson, that the matter be continued to the Council/
Commission meeting of March 17, 2003.
The motion carried by the following
Members/Commissioners Estrada, Longville,
Anderson, Mccammack. Nays: None. Absent:
vote: Ayes:
McGinnis, Derry,
None .
COMMUNITY DEVELOPMENT COMMISSION ITEMS
Staff Present
Council
Suarez,
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson, Mccammack; City Attorney Penman, Economic
Development Agency Special Counsel Sabo and Executive Director Van Osdel, City
Clerk Clark. Absent: None.
R20. Public hearing -reallocation of Community Development Block Grant
(CDBG) funds for Downtown "E" Street Median Project -award of
construction contract and Old Towne Streetscape Plan. (Continued from
January 27, 2003)
Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing execution of a contract to International Pavement
Solutions, Inc. for the construction of the Downtown "E" Street Median
Project.
The hearing remained open.
Mayor/Chairman Valles announced that staff was recommending that this item
be tabled; however, she had requested staff to look into less costly options that
would still enable the City to enhance the "E" Street corridor.
13 3/3/2003
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be tabled.
The motion carried by the following
Members/Commissioners Estrada, Longville,
Anderson, McCammack. Nays: None. Absent:
vote: Ayes:
McGinnis, Derry,
None.
Council
Suarez,
R2 l. Covenant Development Agreement -Covenant Development Inc., and
Amendment No. One to the Loan Agreement for the Verdemont
Improvements (Continued from February 3, 2003)
A Resolution of the Community Development Commission of the City of
San Bernardino authorizing and approving the Agency Executive Director
to execute the Amendment No. 1 to the Loan Agreement for the Verdemont
Improvements dated January 15, 1993 by and between the Redevelopment
Agency and the City of San Bernardino which provides for the collection
and distribution of certain development fees (from the Dr. Feldkamp
predecessor to Covenant Development Inc., Bice and Glaziers properties) to
fund the construction of the Verdemont Fire Station. R21A
A Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing and approving the Mayor to execute the
Amendment No. 1 to the Loan Agreement for the Verdemont Improvements
dated January 15, 1993 by and between the Redevelopment Agency and the
City of San Bernardino which provides for the collection and distribution of
certain development fees (from the Dr. Feldkamp predecessor to covenant
Development Inc., Bice and Glaziers properties) to fund the construction of
the Verdemont Fire Station. R21B
Note: The resolutions were not included in the backup materials.
Council Member/Commissioner Suarez 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, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
14 3/3/2003
R22. Tippecanoe Retail Project -Inland Valley Development Agency
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the Community Development Commission
of the City of San Bernardino authorize the Executive Director to execute the
Operating Memorandum No. 2 dated March 3, 2003, by and between the Inland
Valley Development Agency and the Redevelopment Agency of the City of San
Bernardino together with such non-substantive changes as are approved by the
City Attorney .
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, Mccammack. Nays: None . Absent: None .
R23 . Neighborhood Revitalization Programs [Old Towne San Bernardino, 6th to
9th Streets, F Street to 1-215; Neighborhood Initiative Program (NIP) Target
Area #1]
RES. CDC/2003-7 -A Resolution of the Community Development
Commission of the City of San Bernardino approving and authorizing the
Agency Executive Director to execute the Old Towne Single-Family
Acquisition and Construction Grant Funding Agreement with Creative
Housing Solutions, a non-profit organization (acquisition of vacant lots,
development of new housing and possible relocation of district homes in Old
Towne).
Council Member/Commissioner Mccammack advised that she would abstain on
this item due to the fact that she owns property in the area.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the Community Development
Commission of the City of San Bernardino accept and approve the Conceptual
Beautification Action Team (BAT) Neighborhood Revitalization Strategy for the
Old Towne San Bernardino Area, generally located between 6th and 9th Streets,
F Street to the 1-215 (Central City North and Uptown Redevelopment Project
Areas); and that said resolution be adopted. (Note: The motion was later
divided into two separate motions for voting purposes.)
Council Member/Commissioner Longville spoke regarding the Beautification
Action Team (BAT) Proposed Strategy included with the staff report. She noted
that under the heading, Short-term action items (first 6 months), the 5 th bullet
reads, "Engage social services agencies as partners to help address community
needs (jobs, child care, elder care, etc.)"; and she would like to add
15 3/3/2003
homelessness and drug rehabilitation to the needs listed in parentheses. She
added that she would also like to see the 5th bullet continued as a Long-term
action item (6 months and beyond).
City Attorney Penman advised that for several years, two mayors and three
councils have said "no" to a drug rehabilitation facility in this area. He pointed
out that it is across from the Feldheym Library at 6th and F Streets, and the City
has been engaged in three different lawsuits to prevent a drug rehab facility
from going in on the northeast corner of 6th and F Streets. He added that an
elementary school is being planned for that vicinity, and if it wasn't appropriate
to put a drug rehab facility near the library, how could they justify putting it
where there is a school and a library .
He added that it puts his office in a very awkward position legally when they go
into court, as they have done in the past, and say to the court, that the mayor
and council do not want a rehab facility in that vicinity; and then we turn around
and come back and say that we do.
Council Member/Commissioner Longville stated that by no means did she think
that talking about engaging to work with agencies to address the community
needs implied that she was suggesting that the City site a facility there. She
stated that homelessness and drug rehabilitation are very big needs in that
community; however, her suggested changes do not mean having a facility, but
they do mean dealing with the need. She stated that she would be glad to phrase
it in such a way that it is very clear that she is not putting the City in a position
where it looks like she is suggesting support of a drug rehab facility there in the
future.
City Attorney Penman stated that he did not see where the amendments
suggested by Ms. Longville could be included in the document and reiterated
that it was very inconsistent for the Mayor and Council to take the actions they
have taken in the past and fight the battles that they have fought, and then put
something like that in this document.
Mayor Valles inquired whether the maker and second of the motion had
included the amendments as requested by Council Member/Commissioner
Longville in their motion; and they answered in the negative.
Council Member/Commissioner Longville stated that she would like to see the
motion separated into two items, as she could not support the BAT Proposed
Strategy without addressing the needs of the homeless and drug rehabilitation.
16 3/3/2003
The vote was taken on the first portion of the motion, "that the Community
Development Commission of the City of San Bernardino accept and approve the
Conceptual Beautification Action Team (BAT) Neighborhood Revitalization
Strategy for the Old Towne San Bernardino Area, generally located between 6th
and 9th Streets, F Street to the I-215 (Central City North and Uptown
Redevelopment Project Areas).
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson. Nays:
Council Member/Commissioner Longville. Abstentions: Council Member/
Commissioner Mccammack. Absent: None .
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. CDC/2003-7 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.
24 . Public Comments
James T. Hall, 1688 Massachusetts, San Bernardino, CA, stated that the City
needs to look for better ways of marketing the ballpark-that it is not adequately
marketed.
Mike Hanson of Yucaipa, CA, a small business owner in the City of San
Bernardino, asked what had happened to the City's rotation program for towing
companies and why a decision had not been made.
Council Member/Commissioner Longville advised that after the matter came
before the Legislative Review Committee, she thought there was a rotation
program. The City Attorney then said there were legal issues, and that he
would bring it back; however, he has not done so.
S 1. RES. 2003-65 -Resolution of the Mayor and Common Council of the City
of San Bernardino, California, approving a certain EIR Consultant and the
form of Consultant Contract as requested by the San Bernardino Regional
Water Resources Authority.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
17 3/3/2003
Resolution No. 2003-65 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson,
Mccammack. Nays: None. Absent: Council Member/Commissioner Suarez.
S2. Independent Accountants' Report evaluating San Bernardino Stampede
compliance with the Stadium Lease Agreement for the year ended
September 30, 2002.
City Administrator Wilson provided an overview of the staff report, noting that
the review by the auditors had raised several outstanding issues which need to
be resolved between the team and the City. He noted that staff was
recommending that the matter be referred to the Ways and Means Committee.
Council Member/Commissioner Derry stated that these issues came to the
attention of the City near the end of February, and questioned whether the 66ers
and City staff had had an opportunity to sit down and discuss the matter. He
expressed concern that the issue might not be ready to send to a policy
committee at this time.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Council give staff the
opportunity to sit down with the 66ers to discuss these issues; and then, if there
is a policy issue, it would be referred to the Ways and Means Committee.
City Attorney Penman stated it was not appropriate for the matter to be referred
to staff-that it had already been to staff, and staff had arranged a meeting last
week or the week before with the 66ers. At that time, the 66ers had told staff
that they would have their accountant at the meeting; however, the accountant
did not show, and the 66ers tried to turn it into a meeting to deal with the soccer
fields. He advised that this was an audit that showed serious problems, and it
was apparent the 66ers were not cooperating at the present time with staff, and
it was the responsibility of the Council to get the parties to the table.
Council Member/Commissioner Mccammack stated that she felt the public
should know that when the City Administrator had a concern about the
electricity, the team was asked to put some money into escrow to try and
balance the account and they did so. She advised that she thought staff had
already spent three or four months trying to work this through; however, there
was still a lot of room for discussion and a way to work this out. She added that
she also trusted staff, and if they felt it was time to go to the Ways and Means
Committee, then the Council should honor their request.
18 3/3/2003
Council Member/Commissioner Mccammack made a substitute motion,
seconded by Council Member/Commissioner Estrada, that the matter be
referred to the Ways and Means Committee. (Note: The vote was taken on the
substitute motion after a vote was taken on the original motion.)
The motion made by Council Member/Commissioner Derry, seconded by
Council Member/Commissioner McGinnis, to refer the matter back to staff
failed by the following vote: Ayes: Council Members/Commissioners
Longville, McGinnis, Derry. Nays: Council Members/Commissioners
Estrada, Suarez, Anderson, Mccammack. Absent: None.
The substitute motion made by Council Member/Commissioner Mccammack,
seconded by Council Member/Commissioner Estrada, that the matter be
referred to the Ways and Means Committee carried by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, Mccammack. Nays: None. Absent: None.
Joseph Samaro, 25353 Huron Street, Loma Linda, CA, stated that the City
should take over the baseball field like they did the soccer fields and create a
"Field of Dreams" for our young people.
S3. RES. 2003-66 -Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Essex Construction, Inc. for the
upgrade playground equipment/surfacing at fourteen (14) park sites
project, per Plan No. 10595.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-66 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, Derry, Suarez, Anderson,
Mccammack. Nays: None. Absent: Council Member/Commissioner
McGinnis.
19 3/3/2003
25. Adjournment
At 5:29 p.m., the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council and Community Development Commission is
scheduled for 1:30 p.m., Monday, March 17, 2003, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 28
No. of Hours: 4
20
RACHEL G. CLARK
City Clerk
By: ~ cf? ('144_
indaE. Hartzel
Deputy City Clerk
3/3/2003