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HomeMy WebLinkAbout03-17-2003 Jt Reg Mtg Minutes - MCCMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING MARCH 17, 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 1:37 p.m., Monday, March 17, 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, Anderson, Mccammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel -existing litigation -pursuant to Government Code Section 54956.9(a): 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 Agency of the City of San Bernardino v. Jaime Alvarez, et al.- United States District Court Case No. EDCV 02-142 RT (SGLx); Manta Management Co rp . v. City of San Bernardino, et al. -San Bernardino Superior Court Case No. SCV 18157; 1 03/17/2003 Avila Construction, Inc., et al. v. Ci ty of San Bernardino, et al. -United States District Court Case No. CV 02-9730 AHM (RNBx); Cit of San Bernardino Munici al Water De artment v. The United States De partment of the Army -United States District Court Case No. CV 96-5205; Shirle y J. Goodwin v. Ci ty of San Bernardino, et al. -United States District Court Case No . EDCV 96-66 RT (V APx); In Re Bankru ptc y of CYSA -South San Bernardino Soccer Foundation -Case No. RS 02-18493MG. 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 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; and 0281-091-39 Ne gotiating Parties: Gary Van Osdel on behalf of the Redevelopment Agency and Jaks, L. L. C. Under Ne gotiation: Purchase price, terms & conditions 2 03/l 7 /2003 City Attorney Penman announced that the following additional cases would be discussed in closed session: La France Hamilton v. Ci ry of San Bernardino, et al. -United States District Court Case No. EDCV 00-107(RT); Robert Miller v. City of San Bernardino et al. -United States District Court Case No. EDCV 02-407 V AP; Arnaldo Perez deceased, et al. v. Vernon Kni ght, City of San Bernardino , et al. -San Bernardino Superior Court Case No. SCVSS 092723. Under Agenda Item lB, significant exposure to litigation: A claim involving former police officer Van Rossum filed by Cora Polidore; A Public Records Act request regarding the Manta Management case; Anticipated litigation with certain cell phone companies; Agenda Item No. 15 concerning the San Manuel Band of Serrano Mission Indians. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. Invocation/Pledge of Allegiance The invocation was given by Jorge Carlos, Executive Assistant to the Council, followed by the pledge of allegiance, led by Luis Elias and Shirley Craig, fifth grade students from Bradley Elementary School. Moment of Silence Mayor/Chairman Valles requested a moment of silence be observed in memory of Jack D. Henley, well-known businessman, San Gorgonio High School coach, and head football coach and athletic director of Aquinas Catholic High School. 2. Appointments There were no commission appointments. 3. Proclamations & Presentations A proclamation designating the month of March as American Red Cross Month was accepted by Toni Calicott, Chief Executive Officer, and Wendy Oloha, Marketing Director, American Red Cross. 3 03/17/2003 Councilwoman Susan Longville presented a proclamation to Evelyn Wilson, Past President of the Perris Hill Neighborhood Association in recognition of her outstanding deeds, commitment to unselfish accomplishments, and dedicated service to the City of San Bernardino . Ms. Longville proclaimed the portion of Niles Street extending four inches from the curb along the northeast side of the street in front of 772 E. Niles Street as Evelyn Wilson Gutter. Carolyn Griffith Tate of the DMV Neighborhood Association presented a plaque to the City Council and gave special thanks to Council Member/Commissioner Mccammack in appreciation for the sincere thoughts and prayers for her during her recent cancer surgery. 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 Ricardo Benitez Dennis Houser Gary Jacobs Department Facilities Management Police Police Years of Service 15 15 10 A special service pin award presentation was made to Mayor Judith Valles in recognition of her fifth anniversary with the City of San Bernardino. 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 Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission be waived. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 4 03/17/2003 6. Council Minutes Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the minutes of the following meeting of the Mayor and Common Council/Community Development Commission of the City of San Bernardino be approved as submitted in typewritten form: February 18, 2003. 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 8 . Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the personnel actions as submitted by the Chief Examiner dated March 11, 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. RES. 2003-67 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of an Agreement with Psomas, Inc., for engineering services for the development of the Vision Creek Storm Drain and Park project. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted; and that the Mayor and Common Council authorize the Finance Director to amend the 2002/03 Capital Project Budget by appropriating $34,100 from Unallocated Storm Drain Fund balance to Account No. 248-368-5504-7257 (20/20 Vision Creek/Town Creek Storm Drain). The motion carried and Resolution No. 2003-67 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 5 03/17/2003 9. Approve -Change Order No. One -Matich Corporation -$58,086.73 - Laurelwood Drive realignment between Tippecanoe A venue and Orchard Drive (Phase I) -Plan No. 10373 Council Members/Commissioners Suarez and Mccammack and City Attorney Penman stated that they would be abstaining on this matter because of campaign contributions received from the Matich Corporation. Council Member/Commissioner Anderson noted that the date listed in Item No. 3 on Page 1 of the Change Order was incorrect and should have been December 18, 2002. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council authorize the execution of Change Order No. One in the amount of $58,086.73 to contract with Matich Corporation for Laurel wood Drive realignment between Tippecanoe A venue and Orchard Drive (Phase I) per Plan No . 10373. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson. Nays: None. Abstentions: Council Members/Commissioners Suarez, Mccammack. Absent: None. 10. RES. 2003-68 -Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 15407, located on the southeast corner of Irvington and Olive A venues, accepting the public dedications as set forth on said map; and authorizing execution of the Standard Form of agreement for the improvements in said subdivision, with time for performance specified. City Attorney Penman requested that Page 3, Line 5 of the agreement be changed from 1 year to 24 months. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted; and that Page 3, Line 5 of the agreement be changed from 1 year to 24 months. The motion carried and Resolution No. 2003-68 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 6 03/17/2003 11. Adopt -Mitigated Negative Declaration and Mitigation Monitoring and Reporting Program (MMRP) -Public Works Project No. 02-01 -Installation of State Street Master Plan Storm Drain at the 1-210 Freeway Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCannnack, that the Mitigated Negative Declaration and the Mitigation Monitoring and Reporting Program (MMRP) for Public Works Project No. 02-0 I, Installation of State Street Master Plan Storm Drain at the 1-210 Freeway, be adopted. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 12. Mid-year Budget Review -Fiscal Year 2002-2003 Council Member/Commissioner Mccammack made a motion, seconded by Council Member/Commissioner Suarez, that the Fiscal Year 2002-2003 Mid-Year Budget Report be received and filed. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 13 . RES. 2003-70 -Resolution of the Mayor and Common Council of the City of San Bernardino authorizing submittal of an application for the Code Enforcement Grant Program. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-70 was adopted by the following vote: Members/Commissioners Estrada, Longville, McGinnis, Derry, Mccammack. Nays: None. Absent: None. Ayes: Council Suarez, Anderson, 14. Accept oral bids -award bids for sale of City parcels located north and south of Orange Show Road, west of Waterman A venue Mayor/Chairman Valles opened the hearing. James Funk, Director of Development Services, reviewed highlights of the staff report. No oral bids were received. 7 03/17/2003 Council Member/Commissioner Mccammack made a motion, seconded by Council Member/Commissioner Estrada, that the cash bid in the amount of $42,711 from William J. Doherty for Parcel One be approved; and that the cash bid amount of $134,711 from William J. Doherty for Parcel Three be approved. (The vote was taken following the discussion.) Ms. Mc Cammack stated that she felt the City should not be in the business of financing anything because of the potential cost of foreclosure and the negative publicity if that were to occur . She also stated that the bidder, Mr. Doherty, is interested in buying the property to build a light industrial complex and drive-thru restaurant. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individual that he would provide true and honest testimony: Joseph Samaro, 25353 Huron Street, Loma Linda, CA, stated that if the City is not satisfied with the bid they should put it out for re-bid. City Attorney Penman advised that it was necessary that the motion be made to close the public hearing; that the property be sold to the highest and best bidder, and suggested that the following language be added: "It is the finding of the Council that the cash bid is the best bid and therefore becomes the highest and best bid." Council Member/Commissioner Mccammack amended her motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; that the property be sold to the highest and best bidder-it is the finding of the Council that the cash bid is the best bid and therefore becomes the highest and best bid; that the cash bid in the amount of $42,711 from William J. Doherty for Parcel One be approved; and that the cash bid amount of $134,711 from William J. Doherty for Parcel Three be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. Public hearing -vacation of portions of Piedmont Drive, north of Marshall Boulevard; Marshall Boulevard, between Blythe Street and Victoria A venue; and Victoria A venue, north of Piedmont Drive RES. 2003-69 -Resolution of the City of San Bernardino ordering the vacation of portions of Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria A venue, and Victoria A venue, north of Piedmont Drive (Plan No. 10122A) and authorizing the Mayor to execute a street vacation agreement with the San Manuel Band of Serrano Mission Indians. Council Member/Commissioner Mccammack stated that she would be abstaining on this matter because it involved one of her clients. 8 03/17/2003 Mayor/Chairman Valles opened the hearing. James Funk, Director of Development Services, reviewed highlights of the staff report. City Attorney Penman stated that the San Manuel Band of Serrano Mission Indians is a sovereign nation and their charter and ordinances are not subject to the Public Records Act and are not available for review. Mr. Penman indicated that his office received a letter dated March 17, 2003, from Erin Copeland, General Counsel for the San Manuel Band of Serrano Mission Indians, which confirmed that "there is no tribal document which prohibits or otherwise restricts the Tribe from granting to the City of San Bernardino a limited waiver of sovereign immunity as set forth in the Street Vacation Agreement." No public comments were received. Jerry Parese, Business Manager for the San Manuel Band of Serrano Mission Indians, presented a check to the City in the amount of $149,327.99 for City fees, one-half the cost of a stoplight at Victoria and Lynwood, and for any additional fees necessary for mitigation. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Longville, that the hearing be closed; and the Findings of Fact, as set forth in the staff report from the Director of Development Services, as to why portions of Piedmont Drive, north of Marshall Boulevard, Marshall Boulevard, between Blythe Street and Victoria A venue, and Victoria A venue north of Piedmont Drive are no longer necessary for public street purposes, be adopted; and that said resolution be adopted. The motion carried and Resolution No. 2003-69 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. 16. Legislative Task Force Update (Continued from March 3, 2003) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the report be received and filed. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 9 03/17/2003 17. 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. (Continued from March 3, 2003) Mayor/Chairman Valles stated that staff had indicated that they were not ready to go forward with this agreement and requested that the item be continued for two weeks. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Mccammack, that the matter be continued to the Council/Commission meeting of April 7, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 18. Authorization to join amicus curiae brief in the case of Rubin v. City of Burbank Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McCammack, that the Mayor and Common Council authorize the City Attorney to join in the amicus curiae brief in support of the City of Burbank in the case of Rubin v. City of Burbank. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None . Absent: None. 19 . Determination of Public Convenience or Necessity -re-establish a Type 20 (off-sale beer and wine) liquor license -existing convenience store located at 841 Inland Center Drive Council Member/Commissioner Derry made a motion, seconded by Council Member/Commissioner McGinnis, that the Mayor and Common Council determine 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 an existing convenience store located at 841 Inland Center Drive. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Mccammack. Nays: None. Abstentions: Council Member/Commissioner Anderson. Absent: None. 10 03/17/2003 COMMUNITY DEVELOPMENT COMMISSION Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle, City Clerk Clark, City Administrator Wilson. Absent: None. R20 . PERS Contract Amendment RES. CDC/2003-8 -Resolution of Intention to approve an amendment to contract between the Board of Administration California Public Employees' Retirement System and the Commissioners San Bernardino Economic Development Agency. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No . CDC/2003-8 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada , Longville, McGinnis, Derry, Suarez, Anderson, Mccammack. Nays: None. Absent: None. 21. Public Comments Joseph Samaro , 25353 Huron Street, Loma Linda, CA, voiced his concerns regarding the increase in gang violence in and around the City of San Bernardino. Jerlean McGinnis Polidore, resident of San Bernardino, thanked all those who helped with the closure of 19th Street and Pennsylvania Avenue. 22. Adjournment The meeting adjourned at 5:04 p.m. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1: 30 p.m., Monday, April 7, 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: 22 No. of Hours: 3.5 11 RACHEL G. CLARK City Clerk By~/~ Linda Sutherland Deputy City Clerk 03/17/2003