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HomeMy WebLinkAbout10-20-2003 MinutesMINUTES MAYOR AND COMMON COUNCIL AND COMMUNITY DEVELOPMENT COMMISSION OF THE CITY OF SAN BERNARDINO JOINT REGULAR MEETING OCTOBER 20, 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 1:35 p.m., Monday, October 20, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. Roll Call Roll call was taken by Deputy City Clerk Medina with the following being present: Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, Derry, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, City Administrator Wilson. Absent: Council Members/Commissioners McGinnis, Suarez. 1. Closed Session Pursuant to Government Code Section(s): A. Conference with legal counsel - existing litigation - pursuant to Government Code Section 54956.9(a): Michelle P. Arroyo v. City of San Bernardino, et al - United States District Court Case No. CV 02-8967 ABC (SBSx)/San Bernardino Superior Court Case No. SCVSS 100619; Cassandra Dailey v. City of San Bernardino, et al - San Bernardino Superior Court Case No. SCVSS 034774; Candice Dick v. City of San Bernardino, et al - United States District Court Case No. EDCV 02-158 VAP (SGLx); Credit Bureau of San Bernardino, Inc. and Lawrence J. Winslow, dba Credit Bureau of San Bernardino v. City of San Bernardino, and Does 1 through 50, inclusive - San Bernardino Superior Court Case No. SCVSS 71169; 1 10/20/2003 Velardez, Fernando; Armando Velardez, v. City of San Bernardino Police Department; San Bernardino Police Sergeant S. Lowes #25113• and Does 10 - San Bernardino Superior Court Case No. SCVSS 097365. 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 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 Goverrunent 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. City Attorney Penman announced that the following additional matter would be discussed in closed session: Under Agenda Item 113, Significant exposure to litigation, Agenda Item No. 19. Reading of Resolutions & Ordinances Deputy City Clerk Sutherland read into the record the titles of all the resolutions and ordinances on the regular agenda of the Mayor and Common Council and Community Development Commission. 2 10/20/2003 Council Members/Commissioners McGinnis & Suarez Arrived At 3:03 p.m., Council Members/Commissioners McGinnis and Suarez arrived at the Council meeting. Invocation/Pledge of Allegiance The invocation was given by Father Patricio Guillen of Libreria del Pueblo, followed by the pledge of allegiance, led by Johnny Greenwood, a graduating student from Anderson School. Moment of Silence Mayor/Chairman Valles extended condolences to the Brilley family and Bishop Gerald Barnes and the Diocese of San Bernardino and requested a moment of silence be observed in remembrance of Army Corporal Sean R. Brilley and Bishop Dennis O'Neil. 2. Appointment - M.E. "Bud" Melvin - Police Commission - Council Member/ Commissioner Derry Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Derry, that the appointment of M.E. "Bud" Melvin to the Police Commission, as requested by Council Member/Commissioner Derry, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 3. Proclamations & Presentations A proclamation designating October 24-26, 2003, as Arrowhead United Way Weekend was accepted by Doug Rowand of United Way. David Pruitt, Executive Assistant to the Mayor, announced that the week of October 23-31, 2003 was National Red Ribbon Week and read a commendation honoring the San Bernardino Community Against Drugs. Larry Gulick, Hallmark Store Manager, presented a check for $1,000 on behalf of Walmart to the San Bernardino City Library Foundation. 3 10/20/2003 El 5 21 111 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 Matthew Torrence Peggi Hazlett David Wixon Announcements Department Information Services Mayor's Office Public Services Years of Service 5 5 5 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 McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that full reading of the resolutions and ordinances on the regular agenda of the Mayor and Common Council/Community Development Commission, be waived. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Suarez. Council Minutes Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, 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: September 15, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Suarez. Claims & Payroll Council Member/Commissioner McGinnis 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 October 6, 2003, from Barbara Pachon, Director of Finance, be approved. 4 10/20/2003 The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Suarez. 8. Personnel Actions Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the personnel actions as submitted by the Chief Examiner dated October 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, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Suarez. 9. Waive Temporary Use Permit (TUP) fee and other related departmental fees - Inland Regional Center Family Fun Festival - November 1, 2003 Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that the request by the Inland Regional Center for a waiver of the Temporary Use Permit and other related departmental fees in the amount of $1,028 in connection with their Family Fun Festival at 674 Brier Drive, San Bernardino, on Saturday, November 1, 2003, be approved. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Suarez. 10. RES. 2003-282 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the execution of a Professional Services Agreement between Mundell, Odlum & Haws and the City of San Bernardino to represent the City in the case of Shirley Allen v. City of San Bernardino, et al. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-282 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Suarez. 5 10/20/2003 11. RES. 2003-283 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 13572, located at the southeast corner of Palm Avenue and Ohio Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-283 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Suarez. 12. RES. 2003-280 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 14352 located at the northeast corner of Palm Avenue and Verdemont Drive, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Suarez stated that he would have to abstain on this matter because MAPCO, the project engineer, has made contributions to his campaign. He left the Council Chambers and returned after the vote was taken. Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-280 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. 13. RES. 2003-281 - Resolution of the Mayor and Common Council of the City of San Bernardino approving the Final Map for Subdivision Tract No. 15538 located at the northwest corner of Palm Avenue and Belmont Avenue, accepting the public dedications as set forth on said map; and authorizing execution of the standard form of agreement for the improvements in said subdivision, with time for performance specified. Council Member/Commissioner Suarez stated that he would have to abstain on this matter because his residence is within 500 feet of the subject property. He left the Council Chambers and returned after the vote was taken. 6 10/20/2003 Council Member/Commissioner Anderson made a motion, seconded by Council Member/Commissioner Longville, that said resolution be adopted. Resolution No. 2003-281 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Abstentions: Council Member/Commissioner Suarez. Absent: None. 14. Reject all bids and solicit new bids — construction of Verdemont Fire Station #232 Fred Wilson, City Administrator, stated that the City had received three bids for this project, all of which were significantly higher than the architect's estimate. Chas Kelley, 5066 Varsity, San Bernardino, CA, stated that former Councilman Devlin had secured some property for the Verdemont Fire Station and added that if the City had been working diligently on it when it had surpluses, it would have been up and running by now and the City would not have to go into debt. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Anderson, that the Mayor and Common Council authorize the rejection of all bids for the construction of Verdemont Fire Station #232, authorize staff to revise the plans and design for said fire station, and authorize the City Engineer to solicit new bids for the construction of Verdemont Fire Station #232 based upon said revised plans and design. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None. 15. RES. 2003-285 — Resolution of the City of San Bernardino authorizing the Purchasing Manager to sell surplus emergency lighting equipment to the County of San Bernardino's 800 MHz Group. Council Member/Commissioner McCammack questioned whether there might be a better use for the equipment and felt the City could get more money for it. Mark Yavornicky, Acting Information Services Director, stated that the 800 MHz Group has staff with the expertise to pull the devices apart and take parts from one device and put them into another device and possibly make one working device out of the many nonfunctional devices, and noted that the City does not have anyone that has that kind of ability. 7 10/20/2003 Fred Wilson, City Administrator, stated that the equipment has no real value and would otherwise be disposed of. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner McGinnis, that said resolution be adopted. Resolution No. 2003-285 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez. Nays: Council Members/Commissioners Anderson, McCammack. Absent: None. 16. RES. 2003-284 - Resolution of the Mayor and Common Council of the City of San Bernardino authorizing the Mayor or her designee to apply for and administer a grant in the amount of $45,000 from San Bernardino County Emergency Food & Shelter Program Local Board FEMA XXII for the administration of a Food & Shelter Program for at risk families through the Westside Community Service Center. Council Member/Commissioner McGinnis made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. 2003-284 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Suarez. 17. SCAG Visioning Project (Continued from October 6, 2003) Council Member/Commissioner Longville presented a status report on the Southern California Regional Advisory Council's Transportation Plan called "Compass". No action was taken on this matter. 18. A Resolution of the Mayor and Common Council of the City of San Bernardino declaring the intention to establish a Community Facilities District for the ongoing operation and maintenance of a fire station for the Verdemont Area. (Continued from October 6, 2003) Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner McGinnis, that the matter be continued to the Council/Commission meeting of November 17, 2003. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, McCammack. Nays: None. Absent: Council Member/Commissioner Anderson. 8 10/20/2003 19. Appeal of Planning Commission approval of Conditional Use Permit (CUP) No. 03-08 and Development Code Amendment (DCA) No. 03-02 - request to construct a 3,220 square foot fast-food restaurant with a drive-thru located at the southwest corner of Tippecanoe Avenue and Harriman Place - DCA No. 03- 08 is a request to modify the CR-3 district to allow not more than two drive- thru restaurants to be located within two parcels and not more than 600 feet west of Tippecanoe Avenue and immediately north of Harriman Place; and will also allow one drive-thru restaurant on the southwest corner of Tippecanoe Avenue and Harriman Place (Continued from September 15, 2003) Mayor/Chairman Valles stated that the appellant had submitted a request that this item be continued to November 17, 2003; however, correspondence was received from In-N-Out Burger dated October 20, 2003, requesting the matter be tabled. Pursuant to Resolution No. 2000-279, Deputy City Clerk Medina administered an oath to the following individuals that they would provide true and honest testimony: William Brinckloe, Attorney for In-N-Out Burger, 1151 Dove Street, Suite 278, Newport Beach, CA, stated that In-N-Out did not believe the appeal had merit and did not want to become involved in the appeal process; therefore, they were withdrawing the CUP application. He stated that they were committed to the project and were willing to move forward once all the issues had been resolved. Frank A. Weiser, Attorney for the appellants, 3460 Wilshire Blvd., Suite 903, Los Angeles, CA, stated that they went to trial in San Bernardino Superior Court and were told they could have gotten more money had they been allowed to present evidence. He stated that there were substantial issues still to be resolved which they believed would be resolved in their favor. He requested that the matter be continued for 30 days. Council Member/Commissioner Suarez made a motion, seconded by Council Member/Commissioner Estrada, that the matter be tabled. The motion carried by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. 20. General Plan Amendment No. 02-03 and Conditional Use Permit No. 02-02 - to change the land use designation of approximately 5.6 acres from RS, Residential Suburban to RU-1, Residential Urban land use district and construct a congregate care housing for women with children - located along the north side of 0 Street and between Victoria Avenue and Th Street to include the existing Veronica's Home of Mercy site, vacant parcels and single family homes 9 10/20/2003 RES. 2003-286 - Resolution of the City of San Bernardino adopting General Plan Amendment No. 02-03 to the General Plan of the City of San Bernardino, to amend the General Plan Land Use Designations from RS, Residential Suburban, to RU-1, Residential Urban for 5.6 acres located along the north side of 0' Street and between Victoria Avenue and Th Street to include the existing Veronica's Home of Mercy site, vacant parcels and single family homes. Mayor/Chairman Valles opened the hearing. Valerie Ross, City Planner, presented highlights of the staff report. Pursuant to Resolution No. 2000-279, Deputy City Clerk Medina administered an oath to the following individual that he would provide true and honest testimony: Father Michael Barry, Mary's Mercy Center, P.O. Box 7563, San Bernardino, CA, stated that many of the residents' concerns were addressed at a community meeting that was held at the recommendation of the Planning Commission. He noted that presently the home has 7 ladies and 10 to 15 children and the new home would take care of approximately 15 to 20 women with children. Council Member/Commissioner Estrada made a motion, seconded by Council Member/Commissioner Suarez, that the hearing be closed; that said resolution be adopted and Conditional Use Permit No. 02-02 be approved based on the Findings of Fact in the Planning Commission Staff Report dated August 19, 2003, subject to the Conditions of Approval and Standard Requirements (Exhibit Q. The motion carried and Resolution No. 2003-286 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/Commissioner Derry. COMMUNITY DEVELOPMENT COMMISSION ITEMS Staff Present Mayor/Chairman Valles; Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack; City Attorney Penman, Deputy City Clerk Medina, Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel. Absent: Council Member/Commissioner Derry. 10 10/20/2003 R21. Public hearing - 2003 Disposition and Development Agreement with Stan Robbins - exchange of property located at 450 North "F" Street and purchase of Agency property located at 532 North I'D" Street RES. CDC/2003-33 - A Resolution of the Community Development Commission of the City of San Bernardino (1) approving the exchange purchase of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") from Stan Robbins, an individual, (2) approving the exchange sale of certain real property by the Agency to Stan Robbins, and (3) authorizing the Agency Executive Director to execute the 2003 Disposition and Development Agreement between the Agency and Stan Robbins. (R21A) RES. 2003-287 - A Resolution of the Mayor and Common Council of the City of San Bernardino (1) approving the exchange purchase of certain real property by the Redevelopment Agency of the City of San Bernardino ("Agency") from Stan Robbins, an individual and (2) approving the exchange sale of certain real property by the Agency to Stan Robbins. (R21B) Mayor/Chairman Valles opened the hearing. Gary Van Osdel, Economic Development Agency Executive Director, provided highlights of the staff report. No public comments were received. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Longville, that the hearing be closed and that said Resolutions A & 13, be adopted. The motion carried and Community Development Commission Resolution No. CDC/2003-33 and Council Resolution No. 2003-287 were adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council Member/ Commissioner Derry. 11 10/20/2003 R22. RES. CDC/2003-34 - A Resolution of the Community Development Commission of the City of San Bernardino approving the bid of Quinmar Janitorial Services for janitorial services at the 201 North "E" Street building, and authorizing the Executive Director of the Redevelopment Agency of the City of San Bernardino ("Agency") to sign and issue an annual purchase order to Quinmar Janitorial Services in the amount of $34,200, for a period of three (3) years, for a total authorization not -to -exceed $102,600. Council Member/Commissioner McCammack made a motion, seconded by Council Member/Commissioner Estrada, that said resolution be adopted. Resolution No. CDC/2003-34 was adopted by the following vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez, Anderson, McCammack. Nays: None. Absent: Council '.Member/Commissioner Derry. 23. Public Comments Sam Lock, 3238 Roberds Avenue, San Bernardino, CA, spoke in support of Fifth Ward Councilman Joe Suarez. Chelsea Lock, 3238 Roberds Avenue, San Bernardino, CA, spoke in support of Fifth Ward Councilman Joe Suarez. William H. Tropp, 1215 N. "D" Street, San Bernardino, CA, stated that his car was stolen and because he lives on Social Security, well below the poverty level, and he requested that the City waive impound fees for senior and disabled citizens. Betty Jean Long, 395 N. "H" Street, San Bernardino, CA, wanted to know what happened to Proposition 46 and the allocation for homeless shelters. Rick Avila, Avila Construction, 4022 N. "F" Street, San Bernardino, CA, stated that he won his lawsuit against the City of San Bernardino, but noted that 120 days have passed and he has not yet been paid. Gregg Gridley, 5970 Stanton Avenue, Highland, CA, stated that they have had no police presence for over ten weeks during their demonstrations regarding the San Manuel Indian Casino as had been promised. He encouraged the residents of the area to think about bringing a class action lawsuit against the City and County for failing to protect them. Paul Sanborn, 3559 Genevieve Street, San Bernardino, CA, expressed his anger over the fact that Mr. Penman attended a Democratic Club meeting where he was guest speaker, along with Councilman Gordon McGinnis, and announced Mr. 12 10/20/2003 Sanborn's party affiliation. Mr. Sanborn stated that he had individuals interested in forming a commission in order to clean the graffiti in Pioneer Cemetery. Tracylyn Sharrit, 3238 Roberds Avenue, San Bernardino, CA, speaking as Fifth Ward Parks and Recreation Commissioner, stated that more money has been spent in her ward than any other ward in the City thanks to Proposition 40 and the hard work of staff and Councilman Suarez. Micaela Cruz, 5004 Coyote Lane, San Bernardino, CA, requested public support of Measure O, which will appear on the November 4, 2003, ballot and will independently support the City's libraries without cutting into youth and senior programs. Steve Figueroa, P.O. Box 3202, Victorville, CA, representative of MAPA, stated that they supported the United Food Workers' strike and voiced his concerns regarding the Avila lawsuit. John Stevens, 4097 Pershing Avenue, San Bernardino, CA, spoke regarding the grocery workers' strike citing corporation profits and health care costs. Christine Lewis, 1398 Reservoir Drive, San Bernardino, CA, Albertson's employee for 15 years, voiced her concerns regarding the grocery workers' strike. Kathy Costa, 32364 Nordic Drive, Running Springs, CA, spoke regarding the grocery strike. Gordon McGinnis, 2528 York Court, San Bernardino, CA, spoke regarding a mailer prepared by his opponent, Jan Misquez, stating that she unfairly exploited the three children who were shot on September 22, 2003, at Lytle Creek Park. Gil Navarro, 1440 W. 6' Street, San Bernardino, CA, candidate for school board, stated that education has a direct result on crime in the City of San Bernardino. James Penman, 221 E. Marshall Blvd., San Bernardino, CA, voiced his concerns regarding the "misdeeds" of Council Members McGinnis and Suarez and recommended they withdraw from the upcoming election. 13 10/20/2003 24. Adjournment At 8:15 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, November 3, 2003, in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino, California. No. of Items: 24 No. of Hours: 4.5 RACHEL G. CLARK City Clerk br B Linda Sutherland Deputy City Clerk 14 10/20/2003