HomeMy WebLinkAbout06-02-2003 Jt Reg Mtg Minutes - MCCMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JUNE 2, 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 1:38 p.m., Monday, June 2, 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, Derry,
Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City
Administrator Wilson. Absent: Council Member/Commissioner McGinnis.
Council Member/Commissioner McGinnis Arrived
At 2:50 p.m., Council Member/Commissioner McGinnis arrived at the Council/
Commission 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):
Michelle Arroyo v. City of San Bernardino, et al. - United States
District Court Case No. CV 02-8967 ABC/San Bernardino Superior
Court Case No. SCVSS 100619;
Thomas Nunez, Victor Nunez v. City of San Bernardino, et al. - San
Bernardino Superior Court Case No. SCISS 099063;
Manta Management Corporation v. City of San Bernardino - San
Bernardino Superior Court Case No. SCV18157;
Cassandra Dailey v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 94774;
6/2/2003
Ruby Howard v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 095713;
California Bio-Mass v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 083473;
David Sanborn v. Ciiv of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 078410 consolidated with SCVSS 84862 and
SCVSS 91020;
La France Hamilton v. City of San Bernardino - United States District
Court Case No. EDCV 00-107 RT (RNBx);
Adrian Eugene Moore v. City of San Bernardino - United Stated District
Court Case No. 01-03064 RGK (RZ);
Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez -
United States District Court Case No. EDCV 02-142 RT (SGLx);
Alvarez & Associates, et al. v. City of San Bernardino, et al. - United
States District Court Case No. 00-03048 GHK (Rcx);
Shirley J. Goodwin v. City of San Bernardino, et al. - United States
District Court Case No. EDCV 98-66 RT (VAPx);
Candice Dick v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 02-158 VAP (SGLx);
Jonathan Smith v. City of San Bernardino, et al. - United States District
Court Case No. CV 98-1990-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.
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.
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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. Property Address: APN 0281-091-39
Negotiating Parties: Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and JAKS,
L.L.C., property owner
Under Negotiation: Purchase price, terms & conditions
2. Property Address: HUB Properties
Negotiating Parties: Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and
0281-081-01
Cecilia Moreno and Robert Newman
0281-081-02
Cecilia Moreno and Robert Newman
0281-081-03
Cecilia Moreno and Robert Newman
0281-081-16
Francisco Perpuly, Jonathan Viega
0281-081-19
Kam Mie Nanney-Wong
0281-081-20
Kam Mie Nanney-Wong
Under Negotiation: Purchase price,
terms & conditions
3. Property Address: APN 0281-082-057
Negotiating Parties: Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and
Vibhakerbhai Patel, property owner
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Under NeLotiation: Purchase price, terms & conditions
4. PropertN, Address: APN 0141-241-14, 0141-241-29,
0141-241-30, 0141-241-32, 0141-
241-02, 0141-251-03, 0141-251-07,
0141-251-29, 0141-251-30, 0141-
251-31, 0141-251-33
Negotiating Parties: Gary Van Osdel, Executive
Director, on behalf of the
Redevelopment Agency and Ken
Miller, County Flood Control
Under Negotiation: Purchase price, terms & conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
San Bernardino Residents for Responsible Development v. City of San
Bernardino, et al. - 4" Appellate District Court Case No. E032640;
Richard P. Avila, et al. v. Mike Grubbs, et al. - San Bernardino
Superior Court Case No. SCVSS 084862;
Avila Construction, Inc. v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 091020.
Under Agenda Item Nos. 113, significant exposure to litigation, and 1C,
initiation of litigation:
The expansion of the San Manuel Band of Mission Indians casino.
City Attorney Penman announced that the following cases had also been
discussed in closed session:
Under Agenda Item No. IA, existing litigation:
Steven L. Filson v. City of San Bernardino, et al. - United States
District Court Case No. CV 03-2948 DDP.
Under Agenda Item No. 1C, initiation of litigation:
of San Bernardino v. Gilbert Lara.
4 6/2/2003
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 Father James McLaughlin of Our Lady of Assumption
Catholic Church, followed by the pledge of allegiance, led by Marie Colella, a
graduating student from Anderson School.
2. Appointments
There were no commission appointments.
3. Proclamations & Presentations
Mayor Valles presented a certificate to Father James McLaughlin to honor him
on the occasion of becoming a citizen of the United States.
Mayor Valles presented a resolution of commendation to Ray and Magdalena
"Neva" Negrete, in recognition of their 50 years in business and retirement as
owners of Nena's Restaurant.
Mayor Valles presented the Old Towne Property of the Month award for the
month of February to Ricardo and Elvira Gonzalez. Although they could not be
present, Felix and Gloria Trujillo received the award for January and Homero
and Irasema Angulo for the month of March.
Certificates of appreciation were presented by Mayor Valles to local graduating
seniors who are members of the National Charity League in recognition of the
thousands of hours they have volunteered to community service.
Alexander Converse Scott, a 12-year-old student and resident of San Bernardino
who was recently chosen as an Inland Empire People -to -People Student
Ambassador and will be visiting France, Spain, Switzerland, and Germany
during the month of July, was presented a certificate designating him as an
Ambassador of Goodwill for the City of San Bernardino by Mayor Valles.
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.
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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, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, 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: April 7,
2003; April 21, 2003; May 5, 2003; May 13, 2003.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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 May 27, 2003 from
Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
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 May 27, 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.
6 6/2/2003
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-1144 - An Ordinance of the City of San Bernardino modifying
Chapter 19.04 (Residential Districts) of the San Bernardino Municipal Code
(Development Code) related to second units. FINAL READING
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be adopted.
Ordinance No. MC-1144 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
10. RES. 2003-112 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the San Bernardino City Fire Department
(SBCFD) to renew the Cooperative Agreement with the United States
Department of Agriculture (USDA), San Bernardino National Forest
relating to fire protection and rescue services within the mutual threat zone.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-112 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
11. RES. 2003-113 - Resolution of the City of San Bernardino authorizing the
renewal of a maintenance contract for maintenance services on the
Computer -Aided -Dispatch System (CAD), Police Records Management
System (PRMS) and Mobile Data software used by the Police and Fire
Departments from Tiburon, Inc., of Fremont, California.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-113 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
7 6/2/2003
12. RES. 2003-114 - Resolution of the City of San Bernardino authorizing the
renewal of the existing maintenance contract for Police and Fire Mobile
Data Computers (MRCS) with Motorola Corporation of Riverside,
California.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-114 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
13. RES. 2003-115 - Resolution of the City of San Bernardino authorizing the
Purchasing Manager to award an annual purchase order and service
agreement, with two single year renewal options, to Harris Computer
Systems for maintenance and support of Unidata, SB+ and financial
modules for the City's financial system and the Municipal Water
Department's financial system.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-115 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
14. RES. 2003-116 - Resolution of the City of San Bernardino authorizing the
Purchasing Manager to award an annual purchase order and service
agreement for the City's 800 MHz voice/data backbone, MDC maintenance,
dispatch console maintenance, and user equipment maintenance with the
County of San Bernardino's 800 MHz Group.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-116 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
15. RES. 2003-118 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to Purchase Order No. 996700 to
Bryan A. Stirratt and Associates for installation of landfill gas monitoring
probes at the former Waterman Landfill.
8 6/2/2003
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 02/03 Refuse Budget to
transfer $41,400 from the Refuse Unallocated Fund balance to Account No.
527-415-5502, Professional Services.
The motion carried and Resolution No. 2003-118 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
16. RES. 2003-117 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Second Amendment to the Waste
Disposal Agreement between the County of San Bernardino and the City of
San Bernardino.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-117 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
17. RES. 2003-119 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to submit an application to accept
the FY 03/04 Juvenile Accountability Incentive Block Grant.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted.
Resolution No. 2003-119 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
18. An Ordinance of the City of San Bernardino amending Section 8.68.010 of
the San Bernardino Municipal Code relating to aerosol containers and
certain marker pens inaccessible to public to include etching cream. FIRST
READING
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be laid over for final
adoption.
9 6/2/2003
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 reviewed highlights of the backup
material regarding the governor's May budget revision, stating that there were
two key items relative to the State's budget —the Vehicle License Fee (VLF),
where timing is critical in order to prevent a two to three month gap when no
VLF payments are made to local government; and the transportation money that
is used to repair local streets, which has been put back into the State's budget.
Council Member/Commissioner McCammack commented on the concerns
relative to keeping businesses here in the state and the biggest problem being the
Workers Compensation Rates, which have tripled in the last 24 months.
Council Member/Commissioner McGinnis advised that unfunded mandates from
the state and federal government are also a problem; however, repeal of some of
these mandates has been proposed and/or letting the cities decide if they want to
fund them or not.
20. Determine Public Convenience or Necessity - Type 20 (off -sale beer & wine)
ABC License - service station with a 2,780 square foot convenience store
with a drive-thru restaurant - northwest corner of Waterman Avenue and
Orange Show Road - CG-1, Commercial General, land use district
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
determine that the public convenience or necessity would be served by the
issuance of the license 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) ABC License for a service station with a 2,780 square foot
convenience store with a drive-thru restaurant located at the northwest corner of
Waterman Avenue and Orange Show Road in the CG-I, Commercial General,
land use district.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack.
Nays: Council Member/Commissioner Anderson. Absent: None.
10 6/2/2003
COMMUNITY DEVELOPMENT COMMISSION
Staff Present
Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson; Senior Assistant City Attorney Carlyle, City
Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive
Director Van Osdel. Absent: Council Member/Commissioner McCammack.
Council Member/Commissioner McCammack Returned
At 7:32 p.m., Council Member/Commissioner McCammack returned to the Council/
Commission meeting.
R21. Joint Public hearing - State College Redevelopment Project Area - Plan
Amendment - reinstate eminent domain (Continued from May 19, 2003)
RES. CDC/2003-19 - Resolution of the Community Development
Commission of the City of San Bernardino, making a finding that
conditions of blight burden the Redevelopment Project Area of the State
College Redevelopment Project, approving the Section 33352 Report to the
Mayor and Common Council on the 2003 Eminent Domain Amendment to
the Redevelopment Plan for the State College Redevelopment Project,
approving the 2003 Eminent Domain Amendment to the Redevelopment
Plan for the State College Redevelopment Project and adopting a negative
declaration in accordance with the California Environmental Quality Act.
An Ordinance of the Mayor and Common Council of the City of San
Bernardino adopting the 2003 Eminent Domain Amendment to the
Redevelopment Plan for the State College Redevelopment Project and
adopting a negative declaration in accordance with the California
Environmental Quality Act. FIRST READING
Mayor/Chairman Valles opened the joint hearing.
Affidavits of mailing and publication, marked Exhibits 8 and 9, were accepted
in evidence without objection.
Mike Trout, Project Manager, Economic Development Agency, provided an
overview of the staff report including a summary of background information and
reasons for the Amendment to the Redevelopment Plan for the State College
Redevelopment Project.
Felise Acosta of Resenow Spevacek Group, Inc., provided a summary of the
Agency's report to the Mayor and Common Council.
11 6/2/2003
Nancy Ferguson, Senior Project Manager, Lilburn Corporation, presented
information on the Initial Study and Negative Declaration.
The Amendment to the Redevelopment Plan for the State College
Redevelopment Project (Exhibit 2); the Report to the Mayor and Common
Council on the Amendment to the Redevelopment Plan for the State College
Redevelopment Project (Exhibit 3); the Negative Declaration and Initial Study
(Exhibit 5); and the written staff report (Exhibit 10) were accepted in evidence.
City Clerk Clark advised that no written objections (Exhibit 4) had been
received regarding the reinstatement of eminent domain in the State College
Redevelopment Project Area.
Mayor/Chairman Valles called for testimony from members of the public. No
testimony or public comments were received.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the hearing be closed; and that said
resolution be adopted.
The motion carried and Resolution No. CDC/2003-19 was adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson. Nays: None. Absent: Council Member/
Commissioner McCammack.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said ordinance be laid over for final
adoption.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays:
None. Absent: Council Member/Commissioner McCammack.
R22. Public hearing - sale of surplus Water Department property located at the
northwest corner of University Parkway and Northpark Boulevard by the
City to the Redevelopment Agency for subsequent sale to the J.R. Watson
& Associates Development Company (Continued from May 19, 2003)
12 6/2/2003
RES. CDC/2003-20 - A Resolution of the Community Development
Commission of the City of San Bernardino, as the governing body of the
Redevelopment Agency of the City of San Bernardino, approving the
purchase of certain property from the City of San Bernardino and the
disposition of said property to J. R. Watson & Associates Development Co.
and approving that certain Disposition and Development Agreement by and
between the Redevelopment Agency of the City of San Bernardino and J. R.
Watson & Associates Development Co. (R22A)
RES. 2003-120 - A Resolution of the Mayor and Common Council of the
City of San Bernardino approving that certain Purchase and Sale
Agreement by and between the City of San Bernardino and the
Redevelopment Agency of the City of San Bernardino relating to property
located at the northwest corner of University Parkway and Northpark
Boulevard in the City of San Bernardino. (R22B)
Mayor/Chairman Valles opened the hearing.
Gary Van Osdel, Executive Director, Economic Development Agency, provided
an overview of the staff report.
Council Members/Commissioners Anderson, Estrada, and Suarez advised that
the matter had been carefully studied by the Redevelopment Committee and
expressed approval of the proposed project.
Bernard Kersey, General Manager, Water Department, pointed out that the $3
million generated by the project will stay in the north -end and be reinvested into
the infrastructure in that area.
No public comments were received.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that the public hearing be closed; and that
said resolutions be adopted.
The motion carried and Community Development Commission Resolution No.
CDC/2003-20 and Mayor and Common Council Resolution No. 2003-120 were
adopted by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
13 6/2/2003
R23. Public Hearing - Consider application for Section 108 Loan Guarantee -
Focused Neighborhood Revitalization Program
RES. 2003-121 - A Resolution of the Mayor and Common Council of the
City of San Bernardino approving the proposed Section 108 Loan
Guarantee application for the Focused Neighborhood Revitalization
Program and authorizing and approving the submittal of the final
application to the U.S. Department of Housing and Urban Development
(HUD) and for public distribution.
Mayor/Chairman Valles opened the hearing.
Executive Director Van Osdel noted that four additional areas had been added to
the original list of targeted neighborhood areas approved for use of Section 108
loan funds, and the Council now needed to approve the application.
Council Member/Commissioner McCammack stated that at a recent housing
meeting held by the Chamber of Commerce there had been discussion regarding
what the City and the Economic Development Agency are doing to stimulate
economic growth in the area. She stated that she and Council Member/
Commissioner Longville had explained the application of this $10 million and
the targeted areas that had been selected by the Council as a whole. Discussion
had ensued regarding the need to include the areas along the 215 Freeway as
targeted areas. Although she and Ms. Longville had explained that some of the
area along the 215 Freeway is already within certain redevelopment project
areas, several individuals expressed hope that the Council would not forget the
areas along the freeway, as some of these properties are key to turning around
some of the commercial areas, and she had agreed to relay this information
publicly to the other Council/Commission members.
Council Member/Commissioner Longville stated she was pleased to see Section
108 monies being used for and within neighborhoods as opposed to single
purpose projects used to turn neighborhoods around. She stated that so often a
wonderful new development is "planted" in a neighborhood, yet the blighted
surrounding area still exists, the investment doesn't necessarily occur, and the
blight doesn't get turned around quite as quickly.
City Attorney Penman stated it was a good thing that the Mayor and Council
had held a workshop on this matter, as several additional areas had been added,
increasing the areas in which the money can be spent, including the Arden
Guthrie soccer complex area, the Westside, the 40`h Street Redevelopment
Project Area, and the Uptown Area.
14 6/2/2003
Council Member/Commissioner Estrada stated that she hoped staff would
approach the use of these funds very cautiously and in light of other projects
being proposed or contemplated for these areas, in order to combine projects, if
possible, and get more "bang for the buck. "
Council Member/Commissioner Anderson wanted to be sure that the order in
which the projects were listed in the document, was not the order in which the
projects would be addressed. She felt the money should be spent according to
need and did not believe the projects were currently listed by priority.
No public comments were received.
City Attorney Penman advised that Council Member/Commissioner
McCammack owns property in one of the several targeted areas —the Uptown
Area —and he and Special Counsel Sabo were trying to figure out how it could
be excised out and allow her to still vote on the majority of the areas. He stated
that since the only thing she has to abstain on is Area F (the Uptown Area), and
the resolution covers a lot more than that, it would be good if they could excise
it, but they could not figure out a convenient way to do so. Therefore, he
recommended that Ms. McCammack abstain from voting on this matter, even
though only a small part of the vote affects Uptown.
Discussion ensued regarding the best way to allow Ms. McCammack to vote on
all the other areas without voting on Area F. Special Counsel Sabo suggested a
supplemental Exhibit B, so there would be one exhibit with the Uptown Area
and another exhibit without the Uptown Area.
Following further discussion, City Clerk Clark asked Mr. Sabo if he was
suggesting that two separate votes be taken on the same resolution, or was he
suggesting a duplicate resolution.
Mr. Sabo recommended that the Council take two votes —one vote to approve
the resolution without the Uptown Area, and a second action to simply add as an
addendum to the resolution one additional area, which would be the Uptown
Area. This would result in two exhibits —Exhibit B (which would not include
Area F - Uptown) and Exhibit B-1 (which would include only Area F -
Uptown). Ms. McCammack could then participate in the first vote, but would
abstain when the second vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the hearing be closed; and that said
resolution be adopted, with the exception of Area F.
15 6/2/2003
The motion carried and Resolution No. 2003-121 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council
approve Exhibit B-1 (Area F - Uptown), to be included as an addendum to
Resolution No. 2003-121.
Council Member/Commissioner McCammack left the room, stating that she
would abstain on this vote because she owns property in the Uptown Area.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays:
None. Abstentions: Council Member/Commissioner McCammack. Absent:
None.
Note: The resolution also included Exhibit A, a map of the eight focused
neighborhood revitalization areas. The Council/Commission specifically wished
to except Area F (Uptown) from the adoption of the resolution. Therefore, for
consistency with their intent, Exhibit A-1 was created showing a map of the
Uptown Area only and Exhibit A was amended to depict the other seven areas.
R24. RES. CDC/2003-21 - A Resolution of the Community Development
Commission of the City of San Bernardino approving Amendment No. 2 to
Operation and Management Agreement by and between Redevelopment
Agency of the City of San Bernardino and Theatrical Arts International.
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. CDC/2003-21 was adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
25. Public Comments
Robert Rego, 607 East 20' Street, San Bernardino, CA, stated that he had
attended the recent Neighborhood Revitalization Summit and found it to be very
exciting and enlightening. He also announced a Support the Troops rally to be
held at the Perris Hill Park on Saturday, June 7.
16 6/2/2003
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, submitted into the
record and spoke regarding the following two articles: Drug War -Real War and
CIA Mind -Control Operations and THE SYNDROME.
James T. Hall, 1688 Massachusetts, San Bernardino, CA, spoke regarding the
downtown area and urged the Mayor and Common Council to use whatever
clout they have to influence the Carousel Mall management personnel to find
other retail stores for the mall.
S 1. RES. 2003-122 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor to execute an agreement between
the City of San Bernardino and the Patrons of the Roosevelt Bowl to
provide support services for Market Night at Perris Hill Park.
The following individuals spoke in support of the Market Night at Perris
Hill Park:
Jeff Grande, 29869 Worley Court, Highland, CA, Patrons of the Bowl Vice
President and General Manager of Junior University of San Bernardino, Inc.
Dennis Baxter, 327 East 17" Street, San Bernardino, CA, president of the
Perris Hill Neighborhood Association.
Mark Westwood, 1670 N. Lugo Avenue, San Bernardino, CA, Patrons of the
Bowl President and Second Ward Parks and Recreation Commissioner.
Scott West, 2757 Akron Street, San Bernardino, CA, president of the
Verdemont Neighborhood Association.
Robert Rego, 607 East 20' Street, San Bernardino, CA, whose business and
residence are located near the Perris Hill Park.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-122 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
S2. RES. 2003-123 - Resolution of the Mayor and Common Council of the City
of San Bernardino amending Resolution 96-188 relating to Section 5.03.370
of the San Bernardino Municipal Code concerning business registration and
permit fees.
17 6/2/2003
Council Member/Commissioner Longville noted that this was a companion item
to Agenda Item No. S1; that the resolution would set a Business Registration
Fee of $24 per year for "Vendors that participate in Market Night at Perris Hill
Park, sponsored by Patrons of the Roosevelt Bowl, and pay a space fee to that
organization. "
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-123 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
S3. Endorsement by Mayor and Common Council - First Annual Puppet
Festival - Cal State University, San Bernardino, Recital Hall — July 11-12,
2003
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
endorse the First Annual Puppet Festival at Cal State University, San
Bernardino to be held on July 11-12, 2003, with all proceeds going to
individuals with development disabilities.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
26. Adjournment
At 8:39 p.m., the meeting was adjourned to 5:30 p.m., Thursday, June 12,
2003, in the Economic Development Agency Boardroom, 201 North "E" Street,
San Bernardino, California. The next joint regular meeting is scheduled for
1:30 p.m., Monday, June 16, 2003, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 29
No. of Hours: 4.5
RACHEL G. CLARK
City Clerk
By:
Linda E. Hartzel
Deputy City Clerk
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