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HomeMy WebLinkAbout07-21-2003 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING JULY 21, 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 1:41 p.m., Monday July 21, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by City Clerk Clark with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman, City Clerk Clark, City Administrator Wilson. Absent: None. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): San Bernardino Residents for Responsible Development v. City of San Bernardino - San Bernardino Superior Court Case No. SCVSS 080404; La France Hamilton v. City of San Bernardino, et al. - United States District Court Case No. EDCV 00-107 RT (RNBx). 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 of San Bernardino v. Allan Steward and Gil Lara City v. San Manuel Band of Serrano Mission Indians 1 07/21/2003 D. Closed Session - personnel - pursuant to Government Code Section 54957. E. Closed session with Chief of Police on matters posing a threat to the security of public buildings or threat to the public's right of access to public services or public facilities - pursuant to Government Code Section 54957. F. Conference with labor negotiator - pursuant to Government Code Section 54957.6: 1. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino Police Officers' Association 2. Negotiator: Linn Livingston, Human Resources Director Employee Organization: San Bernardino City Professional Firefighters G. Conference with real property negotiator - pursuant to Government Code Section 54956.8. 1. Property Address: Water Department Parcel No. 0155-361-25 (136.4 acres) and Redevelopment Agency Parcel No. 0155-381-45 (8.12 acres) Negotiating Parties: Bernie Kersey on behalf of the Water Department, Gary Van Osdel on behalf of the Redevelopment Agency and James R. Watson on behalf of Watson & Associates 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. - Fourth Appellate District Court Case No. E032640; Additional information on the claims involving former police officer Van Rossum; Agenda Item Nos. 22, 33 and 34; The Police Officers Association. 2 07/21/2003 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 Reverend Floyd Lofton, assistant pastor of the New Hope Missionary Baptist Church, followed by the pledge of allegiance, led by Aaron Roberson, a graduating student from Anderson Elementary School. Moment of Silence Mayor/Chairman Valles requested a moment of silence be observed in memory of Bill Bright, founder of Campus Crusade for Christ at the University of California at Los Angeles; and former City employee Frank Montano, who worked as a Lead Maintenance Worker in the Public Services Department for 39 years and retired on October 1, 1997. 2. Appointments There were no commission appointments. 3. Presentations & Proclamations A proclamation designating the week of July 21-25, 2003, as Senior Nutrition Week was accepted by Lemuel Randolph, Director of Parks, Recreation and Community Services. A certificate of commendation was presented to Raul Velasco of Animal Control whose actions helped capture a dangerous dog. Millicent Price, Scholarship Committee Chair, announced that the recipients of this year's San Bernardino Confidential Management Association scholarships were Steven Silvius, Andreanna Whitaker, and Hannah M. Brennan. David Pruitt, Executive Assistant to the Mayor, read the names of the following individuals who were presented a service pin award by Mayor/Chairman Valles in recognition of their many years of dedicated service to the City: Name Department Allen Simpson Fire June Durr Mayor Albert Andon One Stop Career Center Years of Service 25 5 15 3 07/21/2003 4. Announcements Announcements were made by the Mayor, members of the Common Council, elected officials, and a representative from the Chamber of Commerce regarding various civic, community, and chamber events and activities. 5. Waive Full Reading of Resolutions & Ordinances Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, 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 McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the minutes of the following meetings of the Mayor and Common Council/Community Development Commission, be approved as submitted in typewritten form: June 26, 2003; and June 30, 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 McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the claims and payroll and the authorization to issue warrants as listed on the memorandum dated July 14, 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. 4 07/21/2003 8. Personnel Actions Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions as submitted by the Chief Examiner dated July 15, 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 - consider resolution adjusting various fees Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor and Common Council set a public hearing for Monday, August 4, 2003, at 4:00 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. RES. 2003-204 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the City Clerk to enter into a professional services agreement, software license agreement, and software maintenance agreement with Progressive Solutions, Inc. to install Licensetrackr" and Ca$hierCentralr"'software to replace the Business Registration Division's licensing system and to provide revenue enhancement services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-204 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 11. RES. 2003-194 - Resolution of the Mayor and Common Council of the City of San Bernardino acknowledging the receipt and filing of the annual Statement of Investment Policy for the period July 1, 2003 through June 30, 2004. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 5 07/21/2003 Resolution No. 2003-194 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 12. RES. 2003-195 - Resolution of the City of San Bernardino authorizing extension of the existing purchase orders to Larry Jacinto Farming and Scott Tractor Service for a maximum of $130,000 in the aggregate to perform weed abatement services for Fiscal Year 2003/2004. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-195 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13. RES. 2003-196 - Resolution of the City of San Bernardino objecting to the August 2003 tax sale of properties with City Assessments. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-196 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 14. Authorization to proceed - approval of plan and resolution declaring intention to order the vacation of portions of Laurelwood Drive, east of Orchard Drive, and Orchard Drive, north and south of Laurelwood Drive RES. 2003-197 - Resolution of the City of San Bernardino declaring its intention to order the vacation of portions of Laurelwood Drive, east of Orchard Drive and Orchard Drive, north and south of Laurelwood Drive. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Director of Development Services be authorized to proceed with the proposed vacation of portions of Laurelwood Drive, east of Orchard Drive, and Orchard Drive, north and south of Laurelwood Drive; that Plan No. 10755, depicting the proposed vacation, be approved; and that said resolution be adopted. The motion carried and Resolution No. 2003-197 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 6 07/21/2003 15. RES. 2003-198 - Resolution of the City of San Bernardino authorizing the Mayor to execute Amendment No. 5 to the Agreement with Milford Wayne Donaldson, FAIR, Inc. for bidding assistance/construction observation for the renovation and retrofit of the San Bernardino Santa Fe Depot. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-198 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 16. 303 West Third Street - HUD 108 Loan Agreement City Attorney Penman stated that he would be abstaining on this matter because Mr. Matich, one of his campaign contributors, is one of the owners of the subject property. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor be authorized to modify the 20-Year Loan Commitment Schedule for the 303 West Third Street HUD 108 Loan by adding one additional year of interest only payments. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 17. RES. 2003-199 - Resolution of the Mayor and Common Council of San Bernardino authorizing the issuance of a purchase order to SCR Group, Inc. dba Southern California Roofing Company for reroofing and roofing repairs to Delmann Heights Community Center and Galaxy Gymnasium, and authorizing the issuance of a purchase order to Reycrest Roofing and Waterproofing Company for reroofing and roof repairs to Hernandez Community Center and Galaxy Community Center. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; and that the Director of Finance be authorized to appropriate $550,000 from the Park Construction Fund for FY 2003/04 as outlined in the staff report. The motion carried and Resolution No. 2003-199 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 7 07/21/2003 18. Approve plans and design - Verdemont Fire Station No. 232 - authorize City Engineer to solicit bids for construction Council Member/Commissioner Suarez suggested that the new fire station be named in honor of former Councilman Jerry Devlin. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the plans and design for the Verdemont Fire Station No. 232 be approved, and that the City Engineer be authorized to solicit bids for construction. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 19. RES. 2003-205 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing a Lease -Purchase Agreement with Sun Trust Leasing to refinance the existing Lease -Purchase Agreements with Banc One, GE Capital, and Commercial Leasing for all outstanding fire apparatus leases and refuse truck leases. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that said resolution be adopted. Resolution No. 2003-205 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 20. RES. 2003-200 - Resolution of the City of San Bernardino approving an agreement with Liebert Cassidy Whitmore for labor relations training services. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-200 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 8 07/21/2003 21. RES. 2003-201 - Resolution awarding a purchase order in the amount of $96,989.56 to California Structural Contractors for purchase and installation of one Litchfield 36 foot Rainbow Band Shelter at Anne Shirrells Park in accordance with attached description and drawings. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-201 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 22. Authorize execution of subpoena - production of telephone records relative to a Police Internal Affairs Investigation Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that the Mayor be authorized to execute, and the City Clerk to attest, the subpoena for the telephone records of Verizon California, Inc. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 23. RES. 2003-202 - Resolution of the City of San Bernardino authorizing the transfer of two (2) older model Police vehicles to the Inland Valley Development Agency (I.V.D.A.)/San Bernardino International Airport Authority (S.B.I.A.A.), for the use by the Airport Security Force. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-202 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 24. RES. 2003-203 - A Resolution of the Mayor and Common Council of the City of San Bernardino, successor to the South San Bernardino County Water District, assessing properties within the previous District boundaries in the amount of $12,362.50 for the Fiscal Year 2003/2004. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. 9 07/21/2003 Resolution No. 2003-203 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 25. Request for waiver of fees by The Gents Organization for the 2003 "Fiesta Route 66" at Nunez Park on September 13, 2003 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Estrada, that indirect funding in the amount of $9,243 be transferred from the FY 2003/04 Civic and Promotion Fund to various City departmental accounts as listed in the staff report. and that a waiver of fees and use of City personnel and equipment be authorized to assist in the 2003 "Fiesta Route 66" event scheduled for September 13, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 26. RES. 2003-206 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing an agreement with the City of San Bernardino and Little League Baseball, Inc., Western Regional Headquarters, for financial assistance from the Civic and Promotion Fund for FY 2003/04. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted; that direct funding in the amount of $5,000 from the FY 2003/04 Civic and Promotion Fund be approved; that indirect funding in the amount of $33,416 be transferred from the FY 2003/04 Civic and Promotion Fund to various City departmental accounts as listed in the staff report; and that a waiver of fees and use of city personnel and equipment be authorized to support Little League Baseball, Inc., Western Regional Headquarters, in the conduct of their 2003 tournament season. The motion carried and Resolution No. 2003-206 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 27. RES. 2003-207 - Resolution of the Mayor and Common Council of the City of San Bernardino ratifying submittal of an application for the FY 03/04 Enhancement of Community Policing Grant from the U.S. Department of Justice. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. 10 07/21/2003 Resolution No. 2003-207 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 28. Public hearing - An Ordinance granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas within said municipality An Ordinance of the City of San Bernardino granting to Southern California Gas Company, a corporation, its successors and assigns, the right, privilege and franchise to lay and use pipes and appurtenances for transmitting and distributing gas for any and all purposes under, along, across or upon the public streets, ways, alleys and places, as the same now or may hereafter exist, within said municipality. FIRST READING Council Member/Commissioner Derry stated that he would be abstaining due to the fact that his employer, Southern California Edison, had announced that it would be purchasing the power plant that will be supplying the electricity for this project. He left the Council Chambers and returned after the vote was taken. Mayor/Chairman Valles opened the hearing. Lori Sassoon reviewed highlights of the differences between the new franchise and the previous franchise, which was enacted in 1953. Robert Visconti, Southern California Gas Company, stated that they have had a very positive relationship with the City of San Bernardino and look forward to continuing that relationship. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the hearing be closed; and that said ordinance be laid over for final adoption. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry. Absent: None. 29. Public hearing - Resolution imposing liens on real property located within the City of San Bernardino for uncollected business registration fees RES. 2003-192 - Resolution of the City of San Bernardino imposing liens on certain parcels of real property located within the City of San Bernardino for uncollected business registration fees. 11 07/21/2003 Mayor/Chairman Valles opened the hearing. No public comments were received. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; that the City Clerk be directed to administratively remove any properties from Exhibit A, which have been paid prior to the hearing; and that said resolution be adopted. The motion carried and Resolution No. 2003-192 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 30. Public hearing - Resolution changing the name of a portion of State Street to Norm Johnson Way, south of Highland Avenue to 5`s Street in the City of San Bernardino RES. 2003-193 - Resolution of the City of San Bernardino changing the name of a portion of State Street to Norm Johnson Way, south of Highland Avenue to 5`s Street in the City of San Bernardino. Mayor/Chairman Valles opened the hearing. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Lydia J. Perez, 1875 N. State Street, San Bernardino, CA, spoke in opposition to the name change and submitted a petition signed by the residents of State Street. Jack Hill, President of the Chamber of Commerce, stated that he understood the position of the neighbors, but he noted that Norm Johnson was a well-known, hard- working, dedicated individual who made so much possible in that area that would not otherwise have been possible. Council Member/Commissioner Anderson stated that Norm Johnson did a lot for the City of San Bernardino and the west side. Eddie Perez, 1875 N. State Street, San Bernardino, CA, stated that he has not seen any improvements on the west side. He stated that they do not have any of the amenities that would normally be provided by the City and there is a problem with trash. Mayor/Chairman Valles stated that she would have Mr. Gonzalez follow up on the issues raised by Mr. Perez. 12 07/21/2003 Nick Gonzalez, Assistant to the Mayor, stated that there was a dispute as to who owns the properties because that area had been taken over by Caltrans when they applied for eminent domain for the expansion of the 210 Freeway. He added that Caltrans has purchased 40 roll -offs and volunteers would be provided to help clean up that area. City Attorney Penman stated that as the former director of the Home of Neighborly Services on the west side, he is well aware of the contributions that Norm Johnson and his family have made to the west side for many years, not only in terms of supporting some of the non-profit organizations, but also with the work he did on getting State Street extended. His contributions to the City include being one of the main supporters of First English Lutheran Church, and when that church ceased to exist it was Norm Johnson who was responsible for the transformation of the property to the Central City Lutheran Mission. Mr. Penman stated that it is important for a City to acknowledge the contributions, personal time and efforts that a person makes to the betterment of a community and added that there is no person who has lived in the City of San Bernardino who has contributed more than Norm Johnson. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Suarez, that the hearing relative to the street name change of a portion of State Street to Norm Johnson Way, south of Highland Avenue to 5' Street, be closed; and that said resolution be adopted. The motion carried and Resolution No. 2003-193 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 31. RES. 2003-208 - Resolution of the Mayor and Common Council of the City of San Bernardino, California, authorizing the City of San Bernardino to establish 2003- 2004 expenditures for the month of August only, at one -twelfth the proposed levels contained in the Preliminary Detail Budget for the 2003-2004 Fiscal Year, or as needed to pay the authorized costs incurred for the month of August, 2003 only, pending final approval of the 2003-2004 Budget. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that said resolution be adopted. Resolution No. 2003-208 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 13 07/21/2003 32. An Ordinance of the City of San Bernardino adding Section 10.24.230 to the San Bernardino Municipal Code relating to requiring registration to participate in Route 66 Cruising Events. FIRST READING Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Longville, 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, McCammack. Nays: None. Absent: None. 33. An Ordinance of the City of San Bernardino adding Chapter 9.92 to the San Bernardino Municipal Code to establish an Administrative Citation Process for Code Enforcement violations. FIRST READING Tom Scharf, 26211 Mirada Street, Highland, CA, spoke in favor of the Ordinance. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, stated that he hoped this process would put an end to targeting certain people. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, suggested that the money be used to clean and repair the streets, but felt that the fines were too high. Council Member/Commissioner Longville made a motion, seconded by Council Member/Commissioner McCammack, 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, McCammack. Nays: None. Absent: None. 34. Resolutions submitting to the qualified electors of said City a ballot measure relating to a special tax for ten years to help fund the City's Libraries - calling a special municipal election to be consolidated with the November 4, 2003 consolidated election conducted by the County of San Bernardino RES. 2003-209 - Resolution of the City of San Bernardino submitting to the qualified electors of said City for their approval a ballot measure relating to a special tax for ten years to help fund the City's Libraries; transmission of the proposed ballot measure to the Office of the City Attorney for purposes of preparation of an impartial analysis. (34A) 14 07/21/2003 RES. 2003-210 - Resolution of the Mayor and Common Council of the City of San Bernardino calling a Special Municipal Election on a ballot measure relating to a special tax for ten years to help fund the City's Libraries and requesting that said City of San Bernardino's Special Municipal Election be consolidated with the November 4, 2003 Consolidated Election conducted by the County of San Bernardino. (34B) City Attorney Penman advised that the word "subparagraph" should be amended to read "subparagraphs" on page 9, lines 12, 14, 16, 18, 20, 22, 24, 26 and 28; and page 10, lines 6, 8, 10, 12, 14, 16 and 18 of the proposed Ordinance (Exhibit "A"). Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that said resolutions A & B, be adopted. Resolution Nos. 2003-209 and 2003-210 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: Council Member/Commissioner Derry. Absent: None. 35. Conditional Use Permit No. 03-01 - Appeal of the Planning Commission's approval to establish a supper club/nightclub at 911 South "E" Street in the CG-1, Commercial General, land use district Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner, presented highlights of the staff report. She stated that the Police Department filed the appeal because they believe the proposed use would impair the integrity and character of the underlying land use district, would be incompatible with the surrounding uses in that area, detrimental to public health, safety and welfare and would be a drain on police resources. Police Chief Zimmon stated that the Conditional Use Permit (CUP) was granted to include indoor valet parking to ensure there would be adequate parking within the facility and would not impact the neighbors or add to the traffic congestion on the street. Chief Zimmon stated that the occupancy rating for the proposed supper club/nightclub is 582 persons, but there is only one driveway for ingress and egress and the existing parking lot would not facilitate that number of patrons. Chief Zimmon stated that two similar businesses opened in the City that claimed they were going to be a restaurant/supper club and both those locations currently operate solely as a nightclub. He noted that the Police Department has responded to a large number of calls for service at the two existing nightclubs, and they believe the proposed supper club will also turn into a nightclub. Chief Zimmon noted that if the proposed "supper club" opens as a night club, there is a chance it would expand into the vacant warehouse space and offices located behind the 15 07/21/2003 building, and the only option the City would have would be to either close the location or try to get voluntary compliance on the CUP violations. Chief Zimmon stated that James Funk, Director of Development Services, was told by someone who identified himself as the superintendent that the facility would open at the end of the month and there were no plans for indoor parking in the facility. Also, in a follow-up conversation with the applicant, Mr. Funk was told that there were no plans for indoor parking. Chief Zimmon stated that the applicant had opened a similar business in Moreno Valley, and an on -site visit found that it was operating as a nightclub rather than a supper club. Chief Zimmon stated that there are several warning signs that the proposed business would not operate as originally intended, and if the CUP were granted, it would detract from the City of San Bernardino. Chief Zimmon stated that the applicant was applying for a Type 47 Restaurant License, which means they would be selling more food than alcohol at the location. He stated that a nightclub would need a Type 48 License and the patrons must be 21 or older. Ms. Ross stated that letters were distributed to the Council from Shoe City, who indicated they were in favor of the project, and from Inland Plaza, who indicated they were opposed to the project. City Clerk Clark stated that a letter had also been received from Lee and Associates indicating they were in favor of the project and that copies had been distributed to the Council. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Alicen Wong, Attorney for the applicant, Gresham, Savage, Nolan & Tilden, 600 N. Arrowhead, Suite 300, San Bernardino, CA, stated that this project proposes to reuse the former Circuit City building that has been vacant for over six years. She stated that the plan was to convert this building into a restaurant/banquet facility and to have a comedy show approximately twice per month. Ms. Wong stated that the facility was not intended to be a nightclub. She noted that the Police Department submitted 20 conditions of approval for this project, all of which the applicant had agreed to. She added that this project complies with all development standards and design guidelines. Ms. Wong stated that they tailored the project description to include the statement that "performers at the supper club will be fully clothed at all times." She noted that she was unaware of any remodeling occurring at the facility at the current time and did not know whom Mr. Funk could have talked to who would have introduced himself as the superintendent. 16 07/21/2003 Duke Rouse, Gresham, Savage, Nolan & Tilden, 600 N. Arrowhead, Suite 300, San Bernardino, CA, stated that this facility is different from the Moreno Valley facility. He indicated that there is not now nor has there ever been an intention to have an adult establishment at this facility, and they have offered to prepare and sign an agreement which would allow the City to immediately obtain a restraining order and/or preliminary injunction without any objection by their client. David Gill, Alcoholic Beverage Control, 3737 Main Street, Riverside, CA, stated that a restaurant license from ABC's perspective is open to all minors for the entire time the restaurant is open. He noted that this type of license is issued to a location where people go primarily to consume food and the consumption of alcoholic beverages is incidental. Mr. Gill stated that it is very common to have an applicant ask for a restaurant license and then in a follow up investigation, they find that the alcoholic beverage sales are quite a bit in excess of the 50 percent. Mr. Gill stated that the Type 47 and 48 Licenses are the same price and are interchangeable with a minimal processing cost. For a license to change from a Type 47 to a Type 48, it would have to go through the application process, which would include a protest period and zoning compliance. Gerald Ackley, Investigator with the California Department of Alcoholic Beverage Control, 3737 Main Street, Riverside, CA, confirmed Mr. Gill's comments and added that ABC does not have a combination supper club/nightclub type license, and in the eyes of ABC it is either a restaurant or it is not a restaurant. He stated that they are very concerned because in the restaurant type licenses you have the introduction of minors who are lawfully able to be on the premises and this has caused numerous problems throughout the State of California. Mr. Ackley stated that no decision has been made on the issuance of an application at the present time, and he noted that there is currently an ABC investigation concerning false ownership of the license at the Moreno Valley location. Joe Swidan, owner of the facility, stated that the building had been broken into and he assured the Council that no other work had been done other than removing trash that had been dumped there. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner McCammack, that the hearing be closed; that the Mayor and Common Council uphold the appeal and deny Conditional Use Permit No. 03-01 and that the matter be continued for two weeks in order for Development Services to bring Findings of Fact to the Council. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, Suarez, Anderson, McCammack. Nays: Council Members/ Commissioners McGinnis, Derry. Absent: None. 17 07/21/2003 36. Appeal hearing - Appeal No. 03-05 - request to overturn the Planning Commission's denial of Tentative Parcel Map No. 15893, to subdivide 6.64 acres into four parcels with a minimum lot size of 1.0 acre - property is located at 7585 N. Martin Ranch Road - northwest corner of Meyers Road and Martin Ranch Road Valerie Ross, City Planner, stated that the applicant was out of the country and requested the matter be continued to September 2, 2003. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Suarez, that the matter be continued to the Council/Commission meeting of Tuesday, September 2, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 37. Public hearing - reconsideration of Conditional Use Permit No. 02-10 and Variance No. 02-07 including a reduction of the required number of parking spaces by two - proposed Wendy's Restaurant - southeast corner of Rosewood and Tippecanoe Avenues (Continued from June 16, 2003) Valerie Ross, City Planner, presented highlights of the staff report. Council Member/Commissioner McGinnis stated that this project did not meet current parking standards and was concerned that traffic would be backed up into the street. Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the following individuals that they would provide true and honest testimony: Mark Sandoval, property owner, 441 Lantern Crest, Redlands, CA, stated that 40-60 percent of their customers use the drive through only and never go into the restaurant. He stated that he felt the benefits outweigh the negatives on this project in that it would clean up the intersection of Rosewood and Tippecanoe Avenues, it is the highest and best use of the property, and it would create 20 jobs. Council Member/Commissioner Anderson stated that she has never gone to a fastfood restaurant and not found a parking space. She stated that she doubted that the lack of two parking spots would be an issue. 18 07/21/2003 Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Anderson, that the hearing be closed; and that the Mayor and Common Council approve Conditional Use Permit No. 02-10 and Variance No. 02-07, including a reduction of the required number of parking spaces by two and excluding Condition No. 12 of the Conditions of Approval which references a reciprocal parking agreement for the proposed Wendy's Restaurant at the southeast corner of Rosewood and Tippecanoe Avenues in the CG-I, Commercial General, land use district based upon the Revised Findings of Fact contained in the Mayor and Common Council Staff Report dated December 2, 2002. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, Derry, Anderson, McCammack. Nays: Council Members/ Commissioners McGinnis, Suarez. Absent: None. 38. Public hearing - Development Permit III No. 03-05 & Variance No. 03-04 - to allow the construction of the Verdemont Fire Station - east side of Palm Avenue, north of Kendall Drive Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner, presented highlights of the staff report. No public comments were received. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the hearing be closed; and that the Mayor and Common Council adopt the Mitigated Negative Declaration and Mitigation Monitoring/Reporting Program and approve Development Permit III No. 03-05 and Variance No. 03-04 based on the Findings of Fact contained in the staff report, subject to the Conditions of Approval (Exhibit 3) and Standard Requirements (Exhibit 4). The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 39. Public Comments Council Member/Commissioner McCammack stated that she would be abstaining during any discussion regarding the San Manuel Band of Serrano Mission Indians as they are one of her clients. She left the Council Chambers and returned after all public comments had been heard. 19 07/21/2003 The following individuals spoke in opposition to the expansion of the San Manuel Casino: Paul Mordy, President of the Alliance for Community Rights, 5696 Blythe Avenue, Highland, CA; Parrish Highley, 26127 Edgemont Drive, Highland, CA; Edward Salas, Edgemont Drive, San Bernardino, CA; Reba Hewitt, 2805 Mirada Road, stated that someone should get the County and the State to pressure the Secretary of the Interior to look at this issue. Colleen Gridley, 5970 Stanton Avenue, Highland, CA, stated that the new casino would be located in close proximity to Belvedere Elementary School. Cheryl Schmidt, Director of "Stand Up For California," a Statewide organization that works with community groups, elected officials, members of law enforcement and individual supporters who have been impacted by tribal gaming and issues of tribal sovereignty. She stated that the San Manuel Band Casino expansion is unique because it is located in a residential neighborhood. Governor Davis has stated that it has been California's position to oppose the expansion of casinos in urban areas. Ms. Schmidt asked that the Council consider working with the California League of Cities to define the impacts to local government. She stated that the League is entertaining the idea of developing a tribal gaming working group and urged the community to consider seeking a seat within that group. Carl Winter, 3189 Cactus Circle, Highland, CA, stated that the tribe has been deceptive as to the extent of their plans for the casino, and he urged the City Council to actively participate in every legislative and legal effort to combat this action by the tribe. Jay Lindberg, 6340 Orange Knoll, San Bernardino, CA, offered several solutions in dealing with the casino expansion. James T. Hall, 1688 Massachusetts, San Bernardino, CA, stated that Market Night was a wonderful event and he felt it was a positive thing for the City. City Attorney Penman stated that he was told that the Governor did not want to get involved in this tribal issue and that federal legislation proposed by Senator Feinstein would probably not occur in time to alleviate the present situation. 20 07/21/2003 S1. Presentation on proposed Charter Amendment - Fire Department Minimum Staffing and Response Standards Captain Richard Lewis, President of the San Bernardino City Professional Firefighters, stated that they proposed the Charter Amendment in order to solve their issues with the City's current safety system, which is at a critical stage. He stated that they had received a letter from the City Attorney suggesting that they could enter into negotiations with the Mayor and Council. He stated that he looked forward to any alternative to the Charter Amendment providing they end up with a plan that actually works. Captain Lewis presented a slide presentation of the City's current safety system. Darryl Hess, appearing on behalf of the Mexican American Political Association (MAPA), 2389 Palo Alto, Running Springs, CA, spoke in favor of increasing Fire Department personnel. Jim Mulvihill, 407 W. 25' Street, San Bernardino, CA, stated that phasing in any new policies as an alternative to a Charter Amendment would be committing some future City Council to come up with the fiscal resources, He added that staffing is a personnel issue and was not something that should go into the City Charter. Paul Sanborn, 3559 Genevieve, San Bernardino, CA, stated that the City of San Bernardino could not afford to pay more for fire protection services. Timothy Prince, stated that the City is fortunate to have such a high level of fire protection. He stated that the City has many needs and this proposal should not even be negotiated. 40. Adjournment At 11:19 p.m., the meeting adjourned. The next joint regular meeting of the Mayor and Common Council and Community Development Commission is scheduled for 1:30 p.m., Monday, August 4, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 41 No. of Hours: 7.5 RACHEL G. CLARK City Clerk 7. By e44,da Linda Sutherland Deputy City Clerk 21 07/21/2003