HomeMy WebLinkAbout02-17-2004 MinutesMTNT TTFS
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
FEBRUARY 17, 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
Valles at 1:43 p.m., Tuesday, February 17, 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
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 Goverment Code Section(s):
A. Conference with legal counsel - existing litigation - pursuant to
Government Code Section 54956.9(a):
Ana Lopez v. City of San Bernardino, et al. - Rancho Cucamonga
Superior Court Case No. RCV 072546;
Ruby Howard v. City of San Bernardino, et al. - San Bernardino
Superior Court Case No. SCVSS 0957 t3;
Thomas Nunez, Victor Nunez v. City of San Bernardino; Officer M.
Taylor; Officer C. Johnson, et al. - San Bernardino Superior Court Case
No. SCISS 099063.
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
1 2/17/2004
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:
Appointment
City Engineer
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:
Proper APN 0281-083-02; 0281-083-03; 0281-083-04;
0281-083-1313; 0281-083-014; 0281-083-015;
0281-083-016; 0281-083-017; 0281-083-018;
0281-083-019; 0281-083-020;and 0281-091-39
Negotiating Parties: Gary Van Osdel on behalf of the
Redevelopment Agency and JAKS, LLC,
property owner
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional cases would be
discussed in closed session:
Swing v. City of San Bernardino - San Bernardino Superior Court Case No.
SCVSS 69794;
2 2/17/2004
City of San Bernardino v. Co -West Commodities - San Bernardino Superior
Court Case No. SCISS 096429.
Following closed session, City Attorney Penman announced that the following
case had also been discussed:
Avila, an individual, Avila Construction, Inc. v. Mike Grubbs, Ray Casey and
James Funk - San Bernardino Superior Court Case SCVSS 78410 consolidated
with SCVSS 084862.
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 Sister Mary Frances Coleman of the Diocese of San
Bernardino, followed by the pledge of allegiance, led by Council Member/
Commissioner McCammack.
Moment of Silence
Mayor Valles extended condolences to the family and requested a moment of silence in
memory of Gerald "Jerry" Stoops, who passed away February 3 at his home in Des
Moines, Iowa. In 1959, Mr. Stoops and some of his students planted pine tree
seedlings in a section of the San Bernardino National Forest that had been destroyed by
fire, an activity that grew to become the National Beauty Program and which will be
continued by the Kiwanis Club of San Bernardino.
2. Appointments
Bud Coffey - Animal Control Commission - Mayor Valles
Dorothy Garcia - Fine Arts Commission - Council Member/
Commissioner McCammack
Yvonne McGinnis - Community Television Commission - Council
Member/Commissioner Estrada
Reappointments - Council Member/Commissioner McCammack
Susan Benevy - Animal Control Commission
Kenneth M. Cloyd - Board of Building Commissioners
Dr. Ernest Ponce - Bureau of Franchises
Jeanette Avila - Central City Parking Place Commission
Sally Morris - Community Development Citizens Advisory Committee
Russell Lackner - Community Television Commission
3 2/17/2004
Lawrence A. Veres - Board of Fire Commissioners
Margaret J. Littrell - Human Relations Commission & Senior Affairs
Commission
Marilyn Patterson - Parks & Recreation Commission
Michael Sauerbrun - Planning Commission
George W. Schnarre - Police Commission
(2A,B,C,D)
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Longville, that the appointments of Bud Coffey,
Dorothy Garcia, and Yvonne McGinnis, as requested by Mayor Valles, Council
Member/Commissioner McCammack, and Council Member/Commissioner
Estrada; and the re -appointments requested by Council Member/Commissioner
McCammack, be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGirmis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
3. Proclamations & Presentations
A proclamation designating March 13 as Perris Hill Park Improvement Day was
accepted by Council Member/Commissioner Longville on behalf of Sam
Catalano.
Mayor Valles and Council Member/Commissioner Longville presented a
Certificate of Recognition to Reverend David Kalke of the Central City
Lutheran Mission for his efforts in working with the city's youth to fight crime.
David Lanham of the Hudson Park Neighborhood Association presented a
Certificate of Appreciation to Council Member/Commissioner Suarez.
June Durr, Public Information Officer in the Mayor's Office, read the names of
the following individuals who were presented a service pin award by Mayor
Valles in recognition of their many years of dedicated service to the City:
Name
Department Years of Service
Gordon McGinnis
Council Office
5
Joan Volucci
Council Office
30
Thomas Rubio
Fire
15
Anthony Zamora
Fire
20
Virginia Evans -Perry
Library
5
Rosario Nunez
Parks, Recreation, & Community
35
Services
4
2/17/2004
11
5
C'
7
Debra Piantadosi
Parks, Recreation & Community
5
Services
Grace Moriel
Police
5
Melissa Reynolds
Police
5
Deborah Shuker
Police
20
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.
Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, 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 Longville, that the minutes of the following meeting of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: January
20, 2004.
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 Longville, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated February 3,
2004, from Barbara Pachon, Director of Finance, be approved.
5 2/17/2004
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
Staff advised that the start date for Ahmad Ansari, Deputy Director/City
Engineer, Development Services Department, would be March 16 instead of
March 8 as shown in the staff report.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the personnel actions as submitted by the
Chief Examiner dated February 10, 2004, 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. RES. 2004-48 - Resolution of the Mayor and Council authorizing the Mayor
to execute a purchase agreement with GTSI Corporation for computer
equipment to outfit Code Compliance vehicles with field offices.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-48 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
10. Authorize - Contract Change Order No. One - contract with Essex
Construction, Inc. - upgrade of playground equipment and surfacing at
fourteen (14) park sites - Plan No. 10595
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the Director of Development Services be
authorized to execute Change Order No. One in the amount of $11,942.23 to
contract with Essex Construction, Inc., for the upgrade of playground
equipment and surfacing at fourteen (14) park sites, per Plan No. 10595.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
6 2/17/2004
11. Authorize - Contract Change Order No. Two - contract with Holland -Lowe
Construction Inc, - re-route the street light and a San Bernardino
monument conduit - northwest corner of Tippecanoe Avenue and
Laurelwood Drive, Phase II - Plan No. 10373A
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the Director of Development Services be
authorized to execute Change Order No. Two in the amount of $21,315 to
contract with Holland -Lowe Construction, Inc., to re-route the street light and a
San Bernardino monument conduit at the northwest corner of Tippecanoe
Avenue and Laurelwood Drive, Phase 11, per Plan No. 10373A.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
12. Resolution of the Mayor and Common Council of the City of San
Bernardino authorizing the Mayor to execute an agreement with Watson &
Associates for grading of Campus Parkmay between Kendall Drive and
Northpark Boulevard.
Note: The resolution was not included in the backup materials.
Staff requested a two -week continuance on this matter.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Longville, that the matter be continued to the
Council/Commission meeting of March 1, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
13. RES. 2004-49 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Repipe-California, Inc. for the
sewer rehabilitation by Cured -in -Place Pipe (CIPP) method on "E" Street
between 2" Street and 5`s Street (SW04-06) per Plan No. 10540.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
7 2/17/2004
Resolution No. 2004-49 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
14. RES. 2004-50 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Dye and Browning Construction,
Inc. for the installation of curb, gutter, sidewalk and asphalt concrete
paving at Richardson Street from Hardt Street to 400' north (SSO4-13) per
Plan No. 10663.
City Attorney Penman and Council Member/Commissioner Suarez declared a
conflict due to the fact that Matich Corporation is the supplier of materials on
this project and Mr. Matich has contributed funds to their campaigns.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 03/04 CIP budget and
transfer $52,000 from Account No. 129-367-5504-7156 (Street & Safety
Improvements at Various Locations) to Account No. 129-367-5504-7448
(Richardson Street - Hardt to 400 feet north).
The motion carried and Resolution No. 2004-50 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.
15. RES. 2004-51 - Resolution of the City of San Bernardino declaring its
intention to order the vacation of a portion of that certain east/west alley
south of Base Line Street, between Lugo Avenue and Sepulveda Avenue and
reserving easements for certain public utilities therein.
Council Member/Commissioner Derry abstained because he is employed by
Southern California Edison.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-51 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
Derry. Absent: None.
8 2/17/2004
16. Authorization to proceed - proposed vacation of a portion of Hazel Street,
between "H" Street and the I-215 Freeway - approve Plan No. 10907 -
request waiver of fees
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the Director of Development Services
and the City Clerk be authorized to proceed with the vacation of a portion of
Hazel Street, between "H" Street and the I-215 Freeway; that Plan No. 10907,
be approved; and that the request to waive a portion of vacation fees in the
amount of $500 be denied.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
17. Authorization to proceed - proposed annexation of 4180 North "E" Street,
located at the southwest corner of 48' Street and "E" Street
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the Director of Development Services be
authorized to initiate proceedings for the annexation of 4180 North "E" Street
located at the southwest corner of 48' Street and "E" Street.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18. RES. 2004-52 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor or her designee to execute
Amendment No. 2 to the Agreement between the Friends of San Bernardino
City Parks, Inc. and the City of San Bernardino for the operation of the
Galaxy Grand Ballroom.
City Attorney Penman declared a conflict stating that his wife is a member of
the Friends of San Bernardino City Parks, Inc Board.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-52 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
9 2/17/2004
19. 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 Incentive Block Grant.
Staff advised that this item needed to be continued for two weeks.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the matter be continued to the
Council/ Commission meeting of March 1, 2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
20. RES. 2004-53 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Poma
Distributing for the purchase of gasoline and diesel fuel in participation
with a contract between Poma Distributing and the County of San
Bernardino.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2004-53 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
21. RES. 2004-54 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase in a purchase order to
Consolidated Fabricators Corp. for the purchase of commercial/residential
front -load and roll -off refuse bins utilized by the Public Services Refuse
Division.
City Clerk Clark advised that she had received notification from the Director of
Finance that the budget amendment portion of the motion needed to be
amended. Ms. Clark read the new motion into the record.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 03-04 budget and
appropriate $148,200 from the Refuse Unappropriated Fund balance and put
$76,800 into Account No. 527-413-5112 (Small Tools and Equipment) and
$71,400 into Account No. 527-413-5704 (Miscellaneous Equipment) to purchase
10 2/17/2004
more refuse bins per the staff report dated February 9, 2004, from Lynn
Merrill, Director of Public Services.
The motion carried and Resolution No. 2004-54 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
22. RES. 2004-55 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the submittal of three project applications for
the fifth funding cycle of the Safe Routes to School (SR2S) Program.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2004-55 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
23. RES. 2004-56 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a contract with the County
of San Bernardino to administer a Program Continuation Grant from the
State of California Community Based Services Program (CBSP) funds in
the amount of $24,436 for the period of July 1, 2003 through June 30, 2004.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2004-56 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
24. Receive & File - Second Quarter Budget Report - Fiscal Year 2003/2004
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
receive and file the Second Quarter Budget Report for Fiscal Year 2003-2004.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
25. Public hearing - establish certain fees for services furnished by the City of
San Bernardino (Continued from February 2, 2004) (See related Agenda Item
No. 27)
11 2/17/2004
RES. 2004-58 - A Resolution of the City of San Bernardino establishing
certain fees for services furnished by the City of San Bernardino, and
repealing Resolution No. 2003-211, Resolution No. 90-397, Resolution No.
91-470, and Resolution No. 90-471, and amending Resolution No. 89-471,
Resolution No. 90-154, Resolution No. 91-148, and Resolution No. 97-271.
The hearing remained open.
City Administrator Fred Wilson stated that the proposed increases had been
presented in detail at a previous meeting; however, a few changes had been
made since that time.
First, the proposal to establish a business registration fee had been eliminated.
Second, the proposal to add a Fire Department business occupancy inspection
fee was initially proposed at a flat $75 per business. The proposal now is that
the business fee will vary from $25-100 depending on the square footage of the
business.
Last, the proposed increase for the Emergency Medical Service (EMS) user fee
had been reduced.
Mr. Wilson noted that the overall revenue from the original proposal was
projected to be $1.2 million; however, with these changes it will be about
$900,000 in new revenue.
Council Member/Commissioner Longville asked about the administrative fee on
handicapped violations to be charged for "fix it violations" —she asked what the
term "fix -it violation" really means.
City Attorney Penman stated that normally a fix -it violation is where something
is corrected, and when proof of correction is shown the citation is dismissed.
An example would be someone who does not have a placard or sign on their
car, and they could bring it in and show it to the parking control people and they
would dismiss the ticket.
Per Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individual that he would provide true and honest testimony:
Larry Singleton, 3716 Modesto Drive, San Bernardino, CA, stated that the
proposed increase to the Police tow release fee is excessive and extreme.
12 2/17/2004
Council Member/Commissioner McGinnis 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. 2004-58 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
26. An Ordinance of the City of San Bernardino amending Section 5.04.015 of
the San Bernardino Municipal Code by adding Subsection "E" relating to
Business Registration Certificate Application processing fees. FIRST
READING (Continued from February 2, 2004)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
27. An ordinance of the City of San Bernardino amending Municipal Chapter
8.81 to include Section 8.81.045 establishing a requirement that alarm
businesses notify the Police Department of each alarm installation and that
allows the City of San Bernardino to invoice alarm businesses for
installation and monitoring service transfer fees. FIRST READING
(Continued from February 2, 2004) (See related Agenda Item No. 25)
City Administrator Wilson advised that this ordinance implements action taken
under Agenda Item No. 25.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, 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, McCammack.
Nays: None. Absent: Council Member/Commissioner Anderson.
28. RES. 2004-57 - Resolution of the Mayor and Common Council of the City
of San Bernardino in support of Proposition 57, the Economic Recovery
Bond Act, and Proposition 58, the Balanced Budget Act.
13 2/17/2004
Council Member/Commissioner Longville stated that she wanted to clarify that
this support by the Council indicates that this bond is what is best for the City —
it's not whether they like the bond, but they are making a statement on behalf of
the City that it would be best for the City.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2004-57 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
29. 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 materials were submitted.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Longville, 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.
30. Ratify emergency purchases incurred as a result of the "Old Waterman
Canyon Fire"
Council Member/Commissioner Derry made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council receive
and file the report of the emergency circumstances resulting in emergency
purchases that were incurred as a result of the "Old Waterman Canyon Fire";
and that the Mayor and Common Council hereby ratify said emergency
purchases.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
14 2/17/2004
PLANNING
Staff Present: Mayor Valles; Council Members Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack; Senior Depute City Attorney Empeno, City
Administrator Wilson, City Clerk Clark. Absent: None.
31. Public hearing - Development Code Amendment No. 03-04 to allow an
electronic message center sign for auto dealerships subject to a conditional
use permit - Conditional Use Permit No. 03-03 to construct an electronic
message center sign at the Center Auto Plaza - 1388 South "E" Street
An Ordinance of the City of San Bernardino modifying Chapter 19.22 (Sign
Regulations) of the San Bernardino Municipal Code (Development Code)
related to electronic sign requirements for auto dealerships. FIRST
READING
Mayor/Chairman Valles opened the hearing.
Council Member/Commissioner Suarez left the dais, stating that he would have
to abstain on this matter because the owner of Center Chevrolet had contributed
to his campaign.
City Planner Valerie Ross reviewed highlights of the staff report with the
Council. She noted that the key provisions of the development code
amendment, as recommended by staff, include the following: dealerships
should be defined as two or more makes of vehicles, the signs should be
permitted at new dealerships only, the signs must be on -site, the dealerships
themselves must be located within the Freeway Corridor Overlay, and there
must be a 500-foot spacing between signs. Also, a conditional use permit would
be required in order to establish a sign.
She noted that in addition to the development code amendment, Center Auto
Plaza was requesting approval of a conditional use permit to install a 50-foot
high, 571-square-foot electronic message sign on South "E" Street, which
would meet all of the provisions of the development code amendment, as
proposed.
Ms. Ross pointed out that the Planning Commission considered this item in
December, and they voted to recommend denial on a 4-3 vote. The
commissioners expressed two main concerns —the first being proliferation of
signs along the freeway corridor; the second being the lack of opportunities for
such signs by other dealerships not located in the Freeway Corridor Overlay.
15 2/17/2004
Relative to the concern regarding proliferation of signs, the Planning
Commission felt the amendment as proposed could encourage dealerships to
form partnerships and joint ventures in order to pursue the ability or opportunity
to get electronic signs. Ms. Ross noted that this was basically staff's intent —
that dealerships could group together to cut down on the total number of such
signs throughout the city.
Regarding the lack of opportunities for other dealerships, staff specifically
recommended that it be limited to new vehicle dealerships within the Freeway
Corridor Overlay to cut down on the potential proliferation on a city-wide basis.
Ms. Ross also noted that it would be extremely difficult, if not impossible, to
get a sign like this if your dealership is offsite, because it then falls under the
provision for the outdoor advertising act and is basically the equivalent of a
billboard.
Ms. Ross concluded her remarks by stating that although staff supports the
development code amendment and the conditional use permit, they have
provided two options for the Council to consider, which are noted in the staff
report. One is denial, per the Planning Commission's recommendation, with a
continuance to bring back Findings of Fact to support the denial; or approval as
noted in the backup materials.
Discussion ensued regarding the scope of the project and resulting ramifications
of approving the development code amendment and conditional use permit.
Council Member/Commissioner McCammack stated that her Planning
Commissioner was concerned that this action was singling out, or creating an
ordinance just for someone who has two dealerships. He pointed out that auto
dealerships provide a huge sales tax revenue base for the City, and it would
behoove the City to be business friendly and try to accommodate those property
owners who have owned their property as stand-alone dealerships long before
the Auto Plaza was popular. She added that there are lots of folks in this city
that have those kinds of property.
Ms. McCarnmack expressed support for the suggestion made by her Planning
Commissioner that if the City is going to amend the ordinance, that it be
amended so that even a stand-alone dealership in the Freeway Corridor Overlay
District can be accommodated. She suggested that the City ought to try and be
as business friendly as it can possibly be --especially to the type of retail
organizations that contribute a great deal of sales tax to the revenue base of the
City.
16 2/17/2004
In answer to an inquiry from Mayor Valles, Ms. McCammack clarified that she
was speaking in support of the ordinance and approval of the conditional use
permit, but with some slight tweaking of the language, unless the Council could
approve it the way it is and then figure out a way to bring it back and fix it at
some other point in time. She did not think it was appropriate for the Council to
fix or change an ordinance to accommodate one particular business, which was
also the concern of her Planning Commissioner.
Council Member/Commissioner McGinnis noted that the owner of the property
was the City of Riverside and inquired whether this would allow them to use the
sign to advertise events taking place in Riverside. He also asked whether the
City had an agreement to put their name at the top of the sign and to run ads on
this sign in the same manner as it does with the sign across the freeway at the
Auto Center.
Ms. Ross advised that Riverside would not be allowed to use the sign —it would
be limited to advertising related to Center Chevrolet and Mazda and any City of
San Bernardino public service announcements. She added that the City would
not have the same arrangement for using this sign as it does the sign across the
freeway, pointing out that the City was able to make a deal with the Auto Center
because they needed an encroachment permit from the City because their sign is
on City right-of-way. In addition, the City made a cash investment in that sign.
Council Member/Commissioner McGinnis pointed out that one of the Council
committees had been reviewing the sign ordinance relative to three other reader
board signs that may be used in different places in the city. He stated that the
City would have an arrangement where it would actually receive a portion of the
profits from those three signs; and he questioned whether taking action on this
item at this time would adversely affect the potential and opportunity for those
three signs to sell their products and advertise their messages. Mr. McGinnis
was very concerned regarding proliferation of the signs; yet he was also
concerned that the City remain business friendly while giving equal
opportunities to all businesses. He suggested that this item be referred to the
Legislative Review Committee (LRC), or an ad hoc committee, for a more in-
depth look at a master plan for signage and reader boards.
Council Member/Commissioner Longville stated that she remembered how long
and hard the Legislative Review Committee worked on this particular sign
ordinance, and she did not think it seemed proper or fitting that the Council
approve this development code amendment and a change in the Municipal Code
with just this one hearing and then be finished with it. She stated that she did
not see the need for an ad hoc committee since a committee already exists to
handle this.
17 2/17/2004
Ms. Longville stated that it really alarmed her that in looking at Attachment C
in the backup materials, that there was no maximum sign area —that this would
be decided on a case -by -case basis —and she asked that the committee really
look at that. She definitely felt the matter needed to be referred to LRC.
Council Member/Commissioner Estrada stated that several weeks ago at the
Redevelopment Agency Committee meeting she had expressed an interest in
trying to find a way to advertise more effectively what San Bernardino has to
offer and had even mentioned doing something along the 215 Freeway. She
stated that she has been very concerned about this, and the City needs to get the
biggest bang for its buck. She expressed support for this item; however, she
thought there should be additional review.
Council Member/Commissioner McCammack reminded the Council that
discussions regarding the youth sports alliance, or the youth sports venues,
including the More Attractive Community Foundation's placement of the statue
up at Western Regional, included the potential of triangle-ing the city with huge
reader boards in order to showcase the sports venues, whether it be the stadium,
or Western Regional Little League, or the Soccer Complex. She also stated that
she remembered working with the Chamber of Commerce and Mr. Quiel and
quite a few others, prior to being elected to the Council, to create a sign
ordinance that was business friendly and City -minded in terms of not being
another I-10 Freeway billboard proliferation.
Ms. McCammack stated that she believed the Council ought to at least allow
this development code amendment to happen --that if the LRC feels it needs to
tweak the sign ordinance again, that would be fine. She stated that she believed
the recommendation to approve the size of the signs on a case -by -case basis had
probably been done because staff and the Council had envisioned the huge
sports venue reader boards which, based on some of the preliminary drawings,
are very large and also include the ability to advertise for the City, with the City
sharing in the profits. If size is specified, it could preclude the complete vision
of where the City is headed in terms of youth sports.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the hearing be closed; that the
ordinance be laid over for final adoption and Conditional Use Permit No. 03-03
be approved based upon the Findings of Fact contained in the Planning
Commission Staff Report (Exhibit B), subject to the Conditions of Approval
(Exhibit B, Attachment E). (Note: There was no vote taken.)
Per Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
is 2/ 17/2004
Larry Quiel, Quiel Bros Signs, 272 South I Street, San Bernardino, CA, stated
that he remembered working with the Chamber of Commerce and with the
committee that was working on the sign ordinance a few years back. However,
a few years ago no one was even addressing electronic message signs, primarily
because the cost was so prohibitive and there was no individual dealer in our
city that could even consider using this method of advertising. However,
technology has changed so much, and the 4ost of operation has come down
considerably with the LED lighting, which is a smaller, cost-effective bulb, so
now the dealers can afford the cost.
Mr. Quiel noted that all of the cities that he works with in southern California
are changing their ordinances to accommodate the auto dealers because they
recognize the dealers have competition with other cities and they recognize the
impact of the tax dollars that the cities are able to realize by the extra
advertising. He added that even Riverside, which has been very anti -signs for
so many years, has just given approval for a sign much larger than the sign
being proposed for the Center Auto Plaza at a company called Raceway Ford in
Riverside.
Mr. Quiel commented on Mr. McGinnis' concern about these signs being so
close together. He noted that regardless of what any city does, Caltrans has
some very strong, strict regulations on where these signs can be placed —that
they are no different than billboards, and everyone knows that billboards are not
allowed in our community, nor does Caltrans allow them in certain corridors.
He reiterated that Riverside will not be allowed to advertise on this sign because
that would be considered off -site advertising, and off -site advertising is not
allowed within our City, nor is it allowed by Caltrans for on -site signage. He
concluded by stating that the current City ordinance that is already set up and
working will not allow any of the things to happen that have been voiced as
concerns by members of the Council.
Mr. Quiel pointed out that Mr. and Mrs. Adkinson, who have had Center
Chevrolet for quite a few years, across the street from the large Auto Center,
are asking to put this project in at no cost to the City. He stated that the
proposed sign is a little more than half the size of the Auto Center sign, which is
in excess of 1,000 square feet. He advised that the proposed sign is right
around 600 square feet in total and nowhere near the same height. He
acknowledged that the City may have other auto dealers come and want
electronic signs; however, he didn't see anything wrong with that as long as
they meet the criteria as set forth with Caltrans, they meet the City ordinance,
and all the signs are looked at on a case -by -case basis.
19 2/17/2004
He concluded his remarks by stating that San Bernardino can be a beautiful,
attractive community with a gateway into our community to let people know we
want to do business here; that the signs are attractive and he knows they work.
Council Member/Commissioner Estrada asked Mr. Quiel what kind of timeline
he was working against.
Mr. Quiel advised that it was not so much that there was a timeline; however,
this project has been going on for well over a year —spending almost eight
months trying to figure out how to bring it to the Planning Commission.
Paul Brown, employee of Quiel Bros Signs, reiterated many of Mr. Quiel's
comments regarding location of the signs, who can advertise on the signs, and
the safeguards provided by the City and Caltrans. He stated that by putting up
this sign more people will be employed and more business will be created,
bringing in more sales tax. According to Mr. Brown, Moss Bros Ford in
Colton has increased its business 50 percent since they have installed an
electronic message center.
Jim Morris, 776 Bernard Way, San Bernardino, CA, one of the City's Planning
Commissioners, stated that he was concerned about what could be a
proliferation of reader boards in the city; that even with this simple amendment
to the Development Code the City could have several of these signs along the I-
215 Freeway corridor, and he would hate to see, what he would call, a sort of
"Vegas -like effect" to our city. He acknowledged that we need to promote
business in our city, and he knows this is considered a business friendly
amendment to our sign ordinance; however, we need to take a long hard look
about how we can promote business in a classy way. He stated he agreed with
Councilwoman/Commissioner Estrada regarding the need to promote what is
going on in the city, but staff really needs to think about how we do that,
because once it is there, it's there forever.
Mayor/Chairman Valles stated that she appreciated the comments made by all
the Council Members, but the fact of the matter is that it's the responsibility of
this Council to make sure that the City does not have a proliferation of signs.
She stated that we are not there yet, but the comments that were made by Ms.
Longville and Mr. McGinnis were right on target. She stated that the City does
want to be business friendly —we did our research and recognize that these signs
do create or give our businesses a competitive edge, and we are responsible for
helping them do this.
Mayor/Chairman Valles stated that if this item should pass, then she would
make a recommendation that it go back to committee for development of a
master plan. She stated that first of all we have to be aware of the visual
20 2/17/2004
pollution —that it is incumbent upon the staff and Council to decide what is
pollution, and it is incumbent upon them to decide what is truly marketing our
city and events —that Ms. Estrada was right when she said we need to do more
of that. She added that Ms. McCammack was right also —we need to promote
our youth sports —that most people don't know where our Western Regional
Little League Park is or what is going on. She concluded by stating that these
issues need to be addressed, but they need to he addressed in a master plan.
Council Member/Commissioner McGinnis stated again that he would like to see
this item continued for two weeks; and during that time the Legislative Review
Committee could take a more in-depth look al this particular sign, this particular
property, and the effect it might have on the other reader boards that have been
discussed in committee, keeping in mind the problem of proliferation.
Council Member/Commissioner Derry expressed doubt that waiting two weeks
would change anything; that although he believed the Council should take the
opportunity to address the sign ordinance and give it a good solid look, he
thought it would take longer than two weeks.
Council Member/Commissioner McGinnis made a substitute motion, seconded
by Council Member/Commissioner Longville, that the matter be continued to
the Council/Commission meeting of March 1, 2004, and referred to the
Legislative Review Committee for review.
Council Member/Commissioner McCammack stated that currently there are
only four stand alone auto dealerships along this freeway corridor —Moss,
Chevrolet/Mazda, Subaru and Crest. She suggested that the City grandfather
these dealerships in order to give them a fighting chance —that it is unfair to
them if the Council does not adopt this development code amendment.
Council Member/Commissioner Anderson stated that she understood Mr.
McGinnis' concerns; however, with the rules and regulations of Caltrans and
the City's current ordinance she did not see the possibility of a proliferation of
this type of sign. She did not think holding it over for committee review would
change anything.
Council Member/Commissioner Estrada staled that she hoped that if LRC
reviewed the ordinance, that it could come back with a definitive answer on this
particular project at the next Council meeting. Then, if there are any other
aspects of the ordinance that Council may want to change, that could be
considered at a later date with greater dialogue; however, she would like to see
this particular item back in two weeks.
21 2/17/2004
The substitute motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, McCammack. Nays:
Council Member/Commissioner Anderson. Abstentions: Council Member/
Commissioner Suarez. Absent: None.
32. Public Comments
Virginia Diane Woods, 11139 Poplar Street, Loma Linda, CA, Director/
Coordinator of the African American Health Planning Project, provided an
overview of the purpose and aim of the African American Health Planning
Project, which is to engage in county -wide, community -based participatory
health planning in San Bernardino County in order to identify and assess
prevention programs and treatment services offered to the Black/African
American population related to specific diseases and to make recommendations
for appropriate cultural intervention strategies
Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, distributed pages from
his book and spoke regarding the dangers of nuclear waste transportation.
John Stevens, 6097 Pershing Avenue, San Bernardino, CA, spoke regarding
the current strike by grocery workers and the fact that the moral framework that
exists in America today is based largely on money and greed.
Dave Lanham, 4865 Lakewood Drive, San Bernardino, CA, announced that the
Hudson Park, Blair Park, and Arrowview Neighborhood Associations would be
sponsoring a beautification day on February 28, to be held at the Blair Park
parking lot.
The following individuals spoke of their admiration for Councilman Joe
Suarez and expressed sadness that he was leaving the Council:
Katelyn Henoch, 3104 Roberds Avenue, San Bernardino, CA;
Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, who also
resigned her position as the Fifth Ward representative on the Parks and
Recreation Commission, effective February 29, 2004;
Chelsea Lock, 3238 Roberds Avenue, San Bernardino, CA;
Anelise Prosnik & Danielle Levario, 4865 Lakewood Drive, San Bernardino,
CA.
Esther Estrada, speaking from the podium, stated that she was a candidate for
Fifth District Supervisor and reminded residents in the Fifth District of the
importance of voting in two weeks, stating that the District is currently
operating without an elected official and needs one of their own representing
them.
22 2/17/2004
SL Council Committee Assignments
CDC Chairperson Mayor
CDC Vice Chairperson Estrada
Council Parliamentarian McCammack
Council Committees - Regular Meetings
Legislative Review Committee Derry, Ch., Kelley, Johnson
Personnel Committee McGinnis, Ch., Longville, McCammack
Redevelopment Committee Estrada, Ch., Longville, McGinnis
Ways & Means Committee McCammack, Ch., Estrada, Derry
Council Ad Hoc Committees/At Call of
California Theater Ad Hoc Mayor, Estrada
CDBG Funding Review Ad Hoc Longville, Ch., Estrada
Council Grants Ad Hoc McCammack, Ch., Estrada, Longville
Eeurtl=louse Ad Hoc Mayer- Estrada, Longville itTAfferney
Fire Equipment Ad Hoc Derry, Ch., McCammack
Police Ad Hoc McCammack, Ch., Longville, Ch.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the recommended Council
Committee Assignments be approved.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
City Attorney Penman reminded Ms. Estrada that she had intended to delete the
Courthouse Ad Hoc Committee, an outside committee appointed by the Mayor
and inadvertently included with this item. Also, the Police Ad Hoc Committee
needed to be changed to show Council Member Longville as the Chairman and
Council Member McCammack as the other member.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack that the recommended Council Committee
Assignments be approved, with the deletion of the Courthouse Ad Hoc
Committee and changing the Police Ad Hoc Committee by making Council
Member/Commissioner Longville the Chairman and Council Member/
Commissioner McCammack the other member.
23 2/17/2004
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
33. Adjournment
At 8:05 p.m. the meeting adjourned. The next joint regular meeting of the
Mayor and Common Council/Community Development Commission is
scheduled for 1:30 p.m., Monday, March 1, 2004, in the Council Chambers of
City Hall, 300 North "D" Street, San Bernardino, California.
No. of Items: 34
No. of Hours: 4.5
RACHEL G. CLARK
City Clerk
Bv: � �.
Linda E. Hartzel
Deputy City Clerk
24 2/17/2004