HomeMy WebLinkAbout01-05-2004 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 5, 2004
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 1:35 p.m., Monday, January 5, 2004, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
Roll Call
Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman
Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson.
Absent: Council Member/Commissioner Anderson.
Council Member/Commissioner Anderson Arrived
At 1:45 p.m., Council Member/Commissioner Anderson arrived at the Council meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to Government
Code Section 54956.9(a).
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:
Neighbors of San Manuel Tribe v City
C. Conference with legal counsel - anticipated litigation - initiation of litigation
- pursuant to subdivision (c) of Government Code Section 54956.9:
City v. San Manuel Band of Serrano Mission Indians
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. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8:
1. Property:
Negotiating Parties
Under Negotiation:
2. Property:
Negotiating Parties:
Under Negotiation:
3. Property:
Negotiating Parties:
HUB Properties, APN 0281-081-19 and 0281-081-20
Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Kam Mie Nanney-Wong,
Property Owner
Purchase price, terms and conditions
APN 0138-115-02
1307 Spruce Street
Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Manuel Arriola and Hilaria
Arriola, Property Owners
Purchase price, terms and conditions
APN 0138-11li-03
542 N. Mt. Vernon Avenue
Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Huldah Ann Raibon, Property
Owner
Under Negotiation: Purchase price, terms and conditions
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01/05/2004
4.
5.
C,I
Property: APN 0138-115-04
540 N. Mt. Vernon Avenue
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Frank Ruiz, Jr., Sandra Annette
Alvarado and Adrienne A. Loa, Property Owners
Under Negotiation: Purchase price, terms and conditions
Property:
Negotiating Parties:
Under Negotiation:
Property:
Negotiating Parties:
Under Negotiation:
7. Property:
Negotiating Parties:
Under Negotiation:
8. Property:
Negotiating Parties
APN 0138-115-05
Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Sandra Annette Alvarado and
Adrienne A. Loa, Property Owners
Purchase price, terms and conditions
APN 0138-115-06
514 N. Mt. Vernon Avenue
Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Dan Virgilio, Property Owner
Purchase price, terms and conditions
APN 0138-115-07
Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Michael Patrick Allen and
Brenda Lue Allen, Property Owners
Purchase price, terms and conditions
APN 0138-114-09
Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Kathy T. Pham, Property
Owner
Under Negotiation: Purchase price, terms and conditions
9. Property: APN 0138-114-10
522 N. Mt. Vernon Avenue
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Hak Yool Kim and Chang Mo
Yang, Property Owners
Under Negotiation: Purchase price, terms and conditions
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10. Property: APN 0138-114-11
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Salvador Perez Llamas and
Francisca Torres Guerrero, Property Owners
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional item would be
discussed in closed session:
City of San Bernardino v. Co -West Commodities - San Bernardino Superior
Court Case No. SCISS 096429.
Reading of Resolutions & Ordinances
Deputy City Clerk Sutherland read into the record the titles of all the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common Council and
Community Development Commission.
Invocation/Pledge of Allegiance
The invocation was given by Pastor Keith Tolbert of Faith Temple Church, followed by the
pledge of allegiance, led by Council Member/Commissioner Longville.
Moment of Silence
Mayor/Chairman Valles requested a moment of silence be observed in remembrance of
John Penman, father of City Attorney Jim Penman; and members of the Iglesia de la
Profecia who died during the flash floods and mudslides that overcame St. Sophia's Camp
in Old Waterman Canyon Road on Christmas day: Jorge Antonio Monzon and his wife
Clara Pirir Gomez-Monzon, their two daughters Wendy and Eva Raquel, their two sons
Jose Pablo and Jeremias; Rosa Haydee Najera-Juarez and her daughter Catherine; Miguel
Navarro and his sister Joleila; Jose Carlos Camacho, Ivan Avila, and Ramon Meza. Also
lost on Christmas day at the KOA Campground in Devore were Carol Eugene Nuss, an
insurance adjuster from Kansas, and Jan Bradley, KOA manager.
2. Appointments
There were no commission appointments.
3. Presentations
Tracylyn Sharrit, President of the Blair Park Neighborhood Cluster Association,
presented awards to several individuals and businesses in the community who came
together to help the City's youth during their time of need at Christmas, and gave
special thanks to Penny Bail Bonds and Councilman Joe Suarez.
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Alexandria Bravo of Inland Empire Health Plan (IEHP) provided a brief overview of
the services they provide including the Healthy Families and Healthy Kids programs.
David Pruitt, Executive Assistant to the Mayor, read an update from Charmion
Sellers, Public Outreach Coordinator, regarding the soldiers of the V Battalion,
185' Armor Division.
4. Announcements
Announcements were made by Mayor/Chairman Valles, members of the Common
Council, and elected officials regarding various civic and community events and
activities.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that full reading of the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council/Community Development Commission, be waived.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
6. Council Minutes
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, 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: November 17,
2003; and December 1, 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 Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated December 12,
2003, from Barbara Pachon, Director of Finance, be approved.
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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
Regarding the transfer of Dan Ustation from Cemetery Superintendent to Parks
Project Manager, City Attorney Penman advised that if the plan was to not fill the
Cemetery Superintendent position, Chapter 2.44 of the Municipal Code regarding
the Cemetery Commission would have to be amended.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the personnel actions as submitted by the
Chief Examiner dated December 29, 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. Set public hearing to consider resolution adjusting various fees
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council set a
public hearing for Tuesday, January 20, 2004, at 4 p.m. in the City Hall Council
Chambers to consider adjusting various fees.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
10. Development Permit Type 1 No. 03-140 and a Determination of Public
Convenience or Necessity for an Alcoholic Beverage Control Type 21 license
(off -sale general) - La Palma Foods - 1003 North Waterman Avenue
City Attorney Penman recommended that two corrections be made to the Conditions
of Approval (Attachment Q. He stated that the last sentence of Item No. 3 should
read: "The applicant further agrees to reimburse the City for any costs and
attorneys' fees. . . '; and he recommended that Item No. 8 should read: "The
licensee shall be responsible for posting of signs prohibiting drinking on the
premises as presently stated in San Bernardino Municipal Code Chapter 9.32,
Section 9.32.020, or in any successor sections.
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Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council approve
Development Permit Type I No. 03-140, as amended, and 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 21
license (off -sale general) for La Palma Foods located at 1003 North Waterman
Avenue.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
11. RES. 2004-1 - Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor of the City of San Bernardino or her
designee to apply for and administer a grant from the Urban Park Act of 2001
under the California Clean Water, Clean Air, Safe Neighborhood Parks, and
Coastal Protection Act of 2002 for the development of four new soccer fields at
Speicher Park.
The following individuals spoke in favor of using the Urban Park Act of 2001 grant
money for expansion of the Perris Hill Senior Center and against the proposed
soccer fields.
Dennis Baxter, President of the Perris Hill Neighborhood Cluster Association, 327
E. 17' Street, San Bernardino, CA;
Mark Westwood, 1670 N. Lugo Avenue, San Bernardino, CA;
Evelyn Wilson, 772 E. Niles Street, San Bernardino, CA;
Jane Ann Godager, 771 E. Niles Street, San Bernardino, CA;
Frank Montes, 1321 Tejon Avenue, Colton, CA; and
Marianne Heidecke, 596 Country Club Lane, San Bernardino, CA.
Mayor/Chairman Valles stated that the residents should have voiced their concerns at
the committee meeting that was held on December 17. She stated that the City was
not approving the soccer fields or the senior center expansion, it was approving a
grant proposal it may not even receive.
City Administrator Wilson stated that the City could submit an application for more
than one project.
City Attorney Penman stated that if the Council wanted to consider more than one
project, he suggested they act on the one that was before them and then they could
call a special meeting for tomorrow or Wednesday, at which time they could present
any other projects they wished to consider.
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Council Member/Commissioner Estrada stated that at the Grants Committee meeting
in November they were told that it would be difficult for staff to compile data for
more than one project. She stated that because the soccer fields would produce
substantial revenue for the City, she felt it would be the best investment to make.
Council Member/Commissioner Longville presented a petition signed by 42 people
on behalf of William Nation, Chair of the Senior Affairs Commission, and the Chair
of the Perris Hill Advisory Committee, who were opposed to using the grant money
for the proposed development of the soccer fields. Ms. Longville stated that this
was the only part of Proposition 40 that would contain any money for multi -purpose
facilities.
Council Member/Commissioner McCammack stated that this grant application was
more likely to be approved due to the fact that the soccer fields are self-sufficient
and would not require any City funds to maintain and operate.
Lemuel Randolph, Director of Parks, Recreation and Community Services, stated
that while the need for new and renovated facilities within the park system is
significant, he feels that it is his responsibility to ensure that the best possible fit of
grant opportunity to project is made. He stated that because the criteria and three of
the ten questions on the application specifically called out youth or at -risk youth, it
became clear to him that the focus of the application was youth oriented. Mr.
Randolph stated that he was comfortable that the senior center project, as well as
other projects, would fit very well with one of three other applications that would
come before the Council in June, July, or August of this calendar year.
Council Member/Commissioner Longville stated that she had been told by the State
Department of Parks and Recreation that this was the City's best shot for a multi -use
facility to meet the needs of senior citizens and that none of the subsequent grant
requests would be anywhere near as appropriate as this one. She stated that the City
had a tendency of starting projects and then putting them on the shelf.
Mayor/Chairman Valles stated that the City recognizes the need and would pursue
the expansion of the senior complex.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2004-1 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: Council Member/Commissioner Longville. Absent: None.
8 01/05/2004
12. RES. 2004-2 - Resolution of the Mayor and Common Council of the City of San
Bernardino endorsing application under the Mobile Source Air Pollution
Reduction Review Committee by 2003-04 Local Government Match Program.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-2 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. RES. 2004-3 - Resolution of the City of San Bernardino approving a Services
Agreement with Associated Engineers, Inc. for design of sanitary sewer main
replacement in Arrowhead Avenue from Mill Street to Chandler Place.
(Continued from December 15, 2003)
Council Member/Commissioner Suarez stated that he had to abstain on this matter
because he believed Associated Engineers had contributed to his campaign. He left
the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2004-3 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner Suarez.
Absent: None.
14. RES. 2004-4 - Resolution of the City of San Bernardino making application to
the Local Agency Formation Commission for providing City sewer services to
property within unincorporated territory located at the southwest corner of
Porter Street and California Street (APN: 0268-291-16). (Continued from
December 15, 2003)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the Director of Development Services be
authorized to initiate proceedings for the provision of City sewer services outside of
City boundaries for property located at the southwest corner of Porter Street and
California Street; and that said resolution be adopted.
The motion carried and Resolution No. 2004-4 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
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15. Revised Findings of Fact to support denial of Conditional Use Permit No. 01-09
- Extension of Time No. 03-06 - one-year extension of time to renovate an
existing building to establish a 72-bed group home - 216 West 6"' Street
(Continued from December 15, 2003)
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that the Mayor and Common Council adopt the
Revised Findings of Fact supporting denial of Conditional Use Permit No. 01-09
(Extension of Time No. 03-06).
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
16. RES. 2004-5 - Resolution of the Mayor and Common Council authorizing the
execution of a Memorandum of Understanding with the Los Angeles County
Sheriffs Department (for SCRRA - Metrolink) and the City of San Bernardino
Police Department. (Continued from December 15, 2003)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2004-5 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
17. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630 (c)(1)
Note: No backup material was distributed.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that the Mayor and Common Council confirm the
need for continuing in effect the local emergency caused by the Old Waterman
Canyon Fire.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
10 01/05/2004
18. Public Comments
Pastor Vic Lewis, Praise Tabernacle Church, 1965 Coulston, San Bernardino, CA,
stated that during the past several months they had been providing services to the
homeless in high risk areas. He was alarmed to discover that it would cost them
$1700 in fees to provide services in Seccombe Lake Park and that there was an
effort to keep the homeless out of the park. Ile proposed that they be allowed to
take charge of a few properties in the City for the purpose of developing homeless
shelters, transitional housing, and substance abuse and youth programs.
Jim Kennedy, 2554 W. Mimosa, San Bernardino, CA, stated that he was receiving
poor customer service from the Refuse Department in that his trash was not being
picked up.
S1. Ordinances amending Chapter 15.10 relating to Foothill Fire Zone Building
Standards and adding Chapter 15.11 of the San Bernardino Municipal Code to
include the Building Safety Enhancement Area Building Standards
ORD. MC-1162 - Urgency Ordinance of the City of San Bernardino amending
Chapter 15.10 relating to Foothill Fire Zone Building Standards and adding
Chapter 15.11 of the San Bernardino Municipal Code to include the Building
Safety Enhancement Area Building Standards and declaring the urgency
thereof. URGENCY (S1A)
Ordinance of the City of San Bernardino amending Chapter 15.10 relating to
Foothill Fire Zone Building Standards and adding Chapter 15.11 of the San
Bernardino Municipal Code to include the Building Safety Enhancement Area
Building Standards. FIRST READING (SIB)
Evelyn Alexander, President of the Del Rosa neighborhood Action Group, 1480 E.
Verde Drive, San Bernardino, CA, stated that she was pleased that the City is taking
a proactive position in trying to protect residents by including building codes as they
relate to fire safety, but she had concerns about the cost to the residents, the ability
to convince the county to adopt similar codes, input from residents, and notification
to affected residents of the final reading date of the ordinance.
Paul Sanborn, 3559 Genevieve, San Bernardino, CA, spoke regarding the need for
smoke alarms and fire sprinklers, and requested denial of the item.
Philip Solberg, 1365 Delmonica, San Bernardino, CA, stated that he needed to
know what the new building requirements were so he could finish the design of his
new home. He stated that if everyone had fire sprinklers, they wouldn't have had
the water pressure necessary to operate them during the recent fire.
11 01/05/2004
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said urgency ordinance be adopted and that
said regular ordinance be laid over for final adoption.
The motion carried and Ordinance No. MC-1162 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
S2. RES. 2004-6 - Resolution of the Mayor and Common Council of the City of San
Bernardino relating to the waiver of fees for permits issued to owners of
properties in the area burned by the Old Waterman Canyon Fire and
designated as a Disaster Area under San Bernardino Municipal Code Section
15.04.080(B)(2).
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-6 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
19. Adjournment
The meeting adjourned at 5:29 p.m. The next joint regular meeting of the Mayor
and Common Council/Community Development Commission is scheduled for 1:30
p.m., Tuesday, January 20, 2004, in the Council Chambers of City Hall, 300 North
"D" Street, San Bernardino, California.
No. of Items: 21
No. of Hours: 4
RACHEL G. CLARK
City Clerk
By�;�
Linda Sutherland
Deputy City Clerk
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