HomeMy WebLinkAbout12-01-2003 MinutesMINUTES
MAYOR AND COMMON COUNCIL
AND
COMMUNITY DEVELOPMENT COMMISSION
AND THE
SAN BERNARDINO CITY HOUSING AUTHORITY
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 1, 2003
COUNCIL CHAMBERS
The joint regular meeting of the Mayor and Common Council and Community
Development Commission and San Bernardino City Housing Authority of the City of
San Bernardino was called to order by Mayor/Chairman Valles at 1:34 p.m., Monday,
December 1, 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,
McGinnis, Derry, Suarez, Anderson, McCammack, City Attorney Penman, Deputy
City Clerk Medina, 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):
Jonathan Smith v. City of San Bernardino, et al. - United States District
Court Case No. CV98-1990 GAF (CTx);
Wholesale Electricity Antitrust Cases I & II - JCCP Case Nos. 4202-
0005 and 4202-00006;
Fernando Velardez; Armando Velardez v. City of San Bernardino, et al.
- 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:
12/01/2003
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 Government Code
Section 54957.
F. Conference with labor negotiator - pursuant to Government Code
Section 54957.6:
1. Negotiator:
Fred Wilson, City Administrator
Employee Organization:
San Bernardino Confidential Management Association (to include
Unclassified employees)
2. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1. Property: APN 0281-083-02; 0281-083-03; 0281-083-04;
0281-083-013; 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
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Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the Redevelopment Agency and JAKS, LLC,
property owner
Under Negotiation: Purchase price, terms & conditions
(San Bernardino City Housing Authority)
1. Property: 123 North Sierra Way
APN 0135-292-35
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Carlos Dorticos, property owner
Under Negotiation: Purchase price, terms & conditions
2. Property: 125 North Sierra Way
APN 0135-292-37
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf
of the San Bernardino City Housing Authority
and Odessa Williams, property owner
Under Negotiation Purchase price, terms & conditions
City Attorney Penman announced that the following additional items would be
discussed in closed session:
Sertigo Murrell v. City of San Bernardino - San Bernardino Superior
Court Case No. SCVSS 100004;
A letter from the Department of Justice regarding the death of Angelo
Morris;
Under Agenda Item 113, Significant Exposure to Litigation:
Legal issues relative to Agenda Item No. 28.
Reading of Resolutions & Ordinances
Deputy City Clerk Hartzel read into the record the titles of all the resolutions and
ordinances on the regular agenda of the Mayor and Common Council, Community
Development Commission, and San Bernardino City Housing Authority.
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Invocation/Pledge of Allegiance
The invocation was given by Reverend Aloha L. Smith of St. Francis of Assisi
Episcopal Church, followed by the pledge of allegiance, led by Peter Allende -Reyes, a
graduating student from Anderson School.
Moment of Silence
Mayor/Chairman Valles offered condolences to the families and requested a moment of
silence in memory of Ralph Prince, who had the distinction of serving 28 years as City
Attorney for the City of San Bernardino, and retired Police Officer Steve Coar, who
retired in 1991 after 21 years of service with the City.
2. Appointments
There were no Commission appointments.
3. Proclamations & Presentations
Mayor Valles presented a certificate of recognition to Deron Marquez, Tribal
Chairman of the San Manuel Band of Mission Indians, who contributed
$500,000 to help establish the Fire Relief Fund, which has benefited 170 fire
victims.
Mayor Valles presented a resolution of commendation to Gregory Gonzales,
who is retiring from the City after 45 years of service. Council Member
Anderson also made a presentation to Mr. Gonzales on behalf of the Council.
Mayor Valles presented a proclamation designating December as Operation Safe
Holiday Month to Captain Curtis of the Police Department. The Mayor and
Council also held a short press conference in the City Hall turnaround relative to
Operation Safe Holiday.
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 Anderson made a motion, seconded by Council
Member/Commissioner Longville, that full reading of the resolutions and
ordinances on the regular agenda of the Mayor and Common Council,
Community Development Commission and San Bernardino City Housing
Authority, be waived.
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The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
6. Council Minutes
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the minutes of the following meetings of
the Mayor and Common Council/Community Development Commission of the
City of San Bernardino be approved as submitted in typewritten form: October
20, 2003; November 3, 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 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 November
25, 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.
8. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that the personnel actions as submitted by the
Chief Examiner dated November 26, 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. RES. 2003-321 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a Professional Services
Agreement between Greer Stroud and the City of San Bernardino for
hearing officer and/or administrative law officer services.
5 12/01/2003
City Attorney Penman advised that he would abstain on Agenda Item No. 9, as
it deals with the hiring of a hearing officer, and the court has ruled that the City
Attorney's Office cannot be involved in choosing hearing officers. He advised
that Special Counsel Sabo reviewed this particular resolution.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted; and that the
Mayor and Common Council appoint William Holt and Greer Stroud as
Administrative Law Officers pursuant to Chapter 9.92 of the Municipal Code.
The motion carried and Resolution No. 2003- 321 was adopted by the following
vote: Ayes: Council Members/ Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
10. RES. 2003-322 - Resolution of the Mayor and Common Council of the City
of San Bernardino, California, reciting the facts of the Primary Municipal
Election held on the 4' day of November 2003, declaring the results thereof
and setting forth such other matters as are allowed by law.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-322 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
11. RES. 2003-323 - Resolution of the City of San Bernardino authorizing
execution of a new services agreement with Los Padrinos, Youth Services
Inc. a non-profit organization, and rescinding Resolution 2003-137.
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 2003-04 adopted budget for
the Sewer Fund, Code Compliance Department, and Public Services Department
as outlined in the staff report from Glenn Baude, Code Compliance Director,
dated November 24, 2003.
The motion carried and Resolution No. 2003 -323 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
6 12/01/2003
12. RES. 2003-324 - Resolution of the City of San Bernardino amending
Resolution No. 3985 entitled, in part, "A Resolution... prohibiting parking
upon certain designated streets, alleys, or portions thereof..." to establish a
no parking any time zone on both sides of Sixth Street between Sierra Way
and the end of Sixth Street east of Sierra Way.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-324 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
13. RES. 2003-325 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Hillcrest Contracting,
Incorporated for Waterman Avenue, Washington Street and Barton Road
signals upgrade per Plan No. 10496.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-325 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
14. RES. 2003-326 - Resolution of the City of San Bernardino approving a
services agreement with Myra L. Frank & Associates, Inc. for provision of
Professional Environmental Services for the design of the Mt. Vernon
Avenue Viaduct over the BNSF Railroad.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-326 was adopted by the following vote: Ayes: Council
Members/ Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
15. Elimination of debt limits for nine (9) Redevelopment Agency of the City of
San Bernardino Redevelopment Project Areas
Council Member/Commissioner McCammack stated that she would abstain on
Agenda Item No. 151, only, as she owns property in the Uptown Redevelopment
Project Area.
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State College
ORD. MC-1153 - An Ordinance of the City of San Bernardino eliminating
the debt incurrence deadline for the Redevelopment Plan for the State
College Redevelopment Project Area. FINAL READING (15A)
Central City North
ORD. MC-1154 - An Ordinance of the City of San Bernardino eliminating
the debt incurrence deadline for the Redevelopment Plan for the Central
City North Redevelopment Project Area. FINAL READING (15B)
Central City West
ORD. MC-1155 - An Ordinance of the City of San Bernardino eliminating
the debt incurrence deadline for the Redevelopment Plan for the Central
City West Redevelopment Project Area. FINAL READING (15C)
Southeast Industrial Park
ORD. MC-1156 - An Ordinance of the City of San Bernardino eliminating
the debt incurrence deadline for the Redevelopment Plan for the Southeast
Industrial Park Redevelopment Project Area. FINAL READING (15D)
Northwest
ORD. MC-1157 - An Ordinance of the City of San Bernardino eliminating
the debt incurrence deadline for the Redevelopment Plan for the Northwest
Redevelopment Project Area. FINAL READING (15E)
Tri-Cit
ORD. MC-1158 - An Ordinance of the City of San Bernardino eliminating
the debt incurrence deadline for the Redevelopment Plan for the Tri-City
Redevelopment Project Area. FINAL READING (15F)
Smith Vallp
ORD. MC-1159 - An Ordinance of the City of San Bernardino eliminating
the debt incurrence deadline for the Redevelopment Plan for the South
Valle Redevelopment Project Area. FINAL READING (15G)
Mt. Vernon
ORD. MC-1160 - An Ordinance of the City of San Bernardino eliminating
the debt incurrence deadline for the Redevelopment Plan for the Mt.
Vernon Redevelopment Project Area. FINAL READING (15H)
8 12/01/2003
Uptown
ORD. MC-1161 - An Ordinance of the City of San Bernardino eliminating
the debt incurrence deadline for the Redevelopment Plan for the Uptown
Redevelopment Project Area. FINAL READING (15I)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said ordinances be adopted.
Ordinance Nos. MC-1153, MC-1154, MC-1155, MC-1156, MC-1157, MC-
1158, MC-1159, MC-1160, and MC-1161 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Abstentions: Council
Member/Commissioner McCammack (No. 151 only). Absent: None.
16. RES. 2003-327 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the City of San Bernardino Fire Department
to enter into an agreement with Loma Linda University Health Care for
Medical Director services.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-327 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
17. 2003-2004 Holiday Closure
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the Mayor and Common
Council require affected employees to take off Friday, December 26, 2003,
using their own accrued leave; and that the Mayor and Common Council require
affected employees to take off Friday, January 2, 2004, using their own accrued
leave.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18. Resolution amending Resolution No. 6413, Sections Twelve and Fourteen,
establishing a basic compensation plan - resolution amending Resolution No.
2001-94, Management, Confidential and Unclassified Employee
Compensation and Benefits Plan
9 12/01/2003
RES. 2003-328 - Resolution of the City of San Bernardino amending
Resolution No. 6413, Sections Twelve and Fourteen, entitled in part, "A
resolution ... establishing a basic compensation plan .. ." by updating
information codifying prior Council action (Management/Confidential and
Unclassified). (18A)
RES. 2003-329 - Resolution of the City of San Bernardino amending
Resolution No. 2001-94, establishing a Compensation and Benefits Plan for
the Management/Confidential and Unclassified employees, amending
Section 2, Subsection L, administrative leave. (18B)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolutions be adopted.
Resolution Nos. 2003-328 and 2003-329 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
19. Establish salaries - Fire Department - Ranges P-1, P-2, P-3, and P-4,
effective August 1, 2003
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the salaries for Fire Department
Ranges P-1 (Firefighter), P-2 (Firefighter/Paramedic), P-3 (Fire Engineer), P-4
(Fire Investigator and Captain) be established, effective August 1, 2003, as
outlined in the staff report from Linn Livingston, Director of Human Resources,
dated November 20, 2003; and that the Mayor and Common Council authorize
the Director of Finance to amend the Fiscal Year 2003-04 budget to transfer
$911,300 from the General Government Budget (001-092-5011) to the Fire
Department Budget in the General Fund.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
20. Establish salaries - Fire Department - Ranges P-5, P-6, P-7, Fire Marshal
and Training Officer, effective August 1, 2003
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the salaries for Fire Department
Ranges P-5 (Battalion Chief), P-6 (Deputy Fire Chief), P-7 (Fire Chief), Fire
Marshal and Training Officer be established, effective August 1, 2003, as
outlined in the staff report from Linn Livingston, Director of Human Resources,
10 12/01/2003
dated November 20, 2003; and that the Mayor and Common Council authorize
the Director of Finance to amend the Fiscal Year 2003-04 Budget to transfer
$99,400 from the General Government Budget (001-092-5011) to the Fire
Department Budget in the General Fund.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
21. RES. 2003-336 - Resolution of the Mayor and Common Council of the City
of San Bernardino ratifying the execution of Amendment No. 2 to the
Concessionaire Contractual Agreement between the City of San Bernardino
and Diamond Creations, Inc. to extend concession services at the San
Bernardino Soccer Complex through November 19, 2004.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-336 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
22. RES. 2003-337 - A Resolution of the City of San Bernardino authorizing
the Mayor of the City of San Bernardino or her designee to apply for grant
funds under the provisions of the 2002 Resources Bond Act (Proposition 40)
for the Roberti-Z'Berg-Harris Urban Open Space and Recreation Program,
and repealing Resolution No. 2003-296.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-337 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
23. RES. 2003-330 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to the purchase order to Matich
Corporation for the rental of paving equipment including operators for
roadway pavement rehabilitation.
Council Member/Commissioner Suarez and City Attorney Penman stated they
would abstain on this item, because Matich Corporation had contributed to their
campaigns.
11 12/01/2003
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-330 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.
24. RES. 2003-331 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to purchase orders to Matich
Corporation and/or Vulcan Materials/Cal Mat Division to supply materials
for roadway pavement rehabilitation for use by the Public Services
Department.
Council Member/Commissioner Suarez and City Attorney Penman stated they
would abstain on this item, because Matich Corporation had contributed to their
campaigns.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-331 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.
25. RES. 2003-332 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase of a purchase order to Precision
Cold Planing Company to supply cold milling services for roadway
pavement rehabilitation for use by the Public Services Department.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-332 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
26. RES. 2003-333 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an increase to the purchase order between
the City of San Bernardino and Guzman Construction Co., for repair of
sidewalks, curbs, gutters, and driveways at various CIP project locations
throughout the City of San Bernardino.
12 12/01/2003
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-333 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
27. RES. 2003-334 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving a grant of easement to Mountainview Power
Company LLC, a Delaware Limited Liability Company, for the
construction, maintenance, operation and repair of a wastewater discharge
line in the City of San Bernardino, located at 1494 South Waterman
Avenue, and approving a three party agreement between Mountainview
Power Company LLC, the San Bernardino Golf Club and the City of San
Bernardino regarding said wastewater discharge line.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-334 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
28. Ordinances amending Chapter 15.10 of the San Bernardino Municipal Code
and adopting Section 15.10.090, to include the Fire Threat Zone Building
and Landscaping Standards
Urgency Ordinance of the City of San Bernardino amending Chapter 15.10
of the San Bernardino Municipal Code to include the Fire Threat Zone
Building and Landscaping Standards. URGENCY (28A)
Ordinance of the City of San Bernardino amending Chapter 15.10 of the
San Bernardino Municipal Code to include. the Fire Threat Zone Building
and Landscaping Standards. FIRST READING (28B)
Note: Ordinances were not distributed with the backup materials.
Staff requested that this matter be referred back to the Legislative Review
Committee and continued for two weeks.
Jim Morris, 776 Bernard Way, San Bernardino, CA, spoke regarding several
items contained in a letter he had sent to the Mayor and Council dated
November 26, 2003, relative to changing the building standards for North San
Bernardino. In his letter, Mr. Morris states, "The critical task for our city,
13 12/01/2003
however, is to determine how we can implement good fire prevention practices
and building standards while not jeopardizing the important aesthetic values that
have evolved over many decades in the city's unique north end neighborhoods."
Mr. Morris suggested that in lieu of an outright prohibition on wood, or any
other particular materials on the exterior of the structure, that the City instead
require that exterior materials must be rated using the National Standards to
meet at least a Class "C" fire restrictive rating. (Note: Mr. Morris' letter with
attachments has been included in the backup materials for this agenda item.)
Tom Scharf, 26211 Mirada Street, Highland, CA, requested the Council to
consider a system of building houses that was used back in the mid- '70s by
Jesse Seville, a local contractor who built homes out of concrete and was
featured in many newspapers and magazines for his work.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be referred back to the
Legislative Review Committee and continued to the Council/Commission
meeting of December 15, 2003.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
29. RES. 2003-338 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Mayor of the City of San Bernardino or
her designee to apply for and administer a grant from the Murray Hayden
Program under the California Clean Water, Clean Air, Safe Neighborhood
Parks, and Coastal Protection Act of 2002 to renovate the Norton
Gymnasium Facility.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-338 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
30. Resolutions concerning cooperative agreements between the City, EDA and
San Bernardino Associated Governments (SANBAG) regarding the
Metrolink Commuter Rail Station and the Santa Fe Depot
14 12/01/2003
RES. 2003-339 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of Cooperative Agreement 04-
040 between San Bernardino Associated Governments (SANBAG) and the
City of San Bernardino concerning the Metrolink Commuter Rail Station
and the Santa Fe Depot. (30A)
RES. 2003-340 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of the Second Amendment to
Cooperative Agreement 93-066 among San Bernardino Associated
Governments (SANBAG), the Economic Development Agency of the City of
San Bernardino, and the City of San Bernardino relative to the conveyance
of title and termination of Cooperative Agreement 93-066 concerning the
Metrolink Commuter Rail Station and the Santa Fe Depot. (30B)
RES. CDC/2003-41 - Resolution of the Community Development
Commission of the City of San Bernardino authorizing the execution of the
Second Amendment to Cooperative Agreement 93-066 among San
Bernardino Associated Governments (SANBAG), the Economic
Development Agency of the City of San Bernardino, and the City of San
Bernardino relative to the conveyance of title and termination of
Cooperative Agreement 93-066 concerning the Metrolink Commuter Rail
Station and the Santa Fe Depot. (30C)
Council Member/Commissioner Longville expressed concern that the banquet/
boardroom space will be available for community meetings, banquet functions,
and other events set at rates that may not be waived. She stated that she was
very uncomfortable with the fact that the rental fee for our own City could not
be waived in light of the amount of resources the City has invested in the depot
and this facility.
Lori Sassoon, Assistant to the City Administrator, advised that the agreement
does allow for periodic no -cost use of the space by both the City and SANBAG,
which may be requested and scheduled up to six months in advance.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that said resolutions be adopted.
Mayor and Council Resolution Nos. 2003-339 and 2003-340 and Community
Development Commission Resolution No. CDC/2003-41 were adopted by the
following vote: Ayes: Council Members/Commissioners Estrada, Longville,
McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None. Absent:
None.
15 12/01/2003
31. Public hearing - resolution ordering work - Irvington Avenue & Olive
Avenue Area Landscape Maintenance Assessment District No. 1031
RES. 2003-335 - Resolution of the City of San Bernardino finding and
determining the existence of less than a majority protest, that ballots
representing at least fifty percent (50%) affirmative votes for the proposed
assessment have been received and that the public convenience and necessity
require the maintenance of landscaping in the area of Irvington and Olive
Avenue, approving the Final Engineer's Report, creating an assessment
district to cover the costs of said maintenance, known as Assessment District
No. 1031, ordering the work, confirming the 2003-2004 Assessment Roll,
determining that the Special Assessment Investigation, Limitation and
Majority Protest Act of 1931 shall not apply and terminating Assessment
District No. 969.
Mayor/Chairman Valles opened the hearing.
James Funk, Director of Development Services, advised that this item had been
before the Council on three different occasions, and he had nothing new to add
to his previous comments.
No public comments were received.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Anderson, that the public hearing relative to the
formation of Irvington Avenue and Olive Avenue Area Landscape Maintenance
Assessment District No. 1031, be closed; and that said resolution be adopted.
The motion carried and Resolution No. 2003-335 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson, McCammack. Nays: None. Absent: None.
32. Resolution of the City of San Bernardino authorizing the execution of a land
lease agreement with Verizon Wireless for use of a portion of Al Gubin
Park, located at 3652 West Little League Drive (San Bernardino Blast).
(Continued from November 17, 2003)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the matter be continued to the
Council/Commission meeting of December 15. 2003.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
16 12/01/2003
33, 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 distributed.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, 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.
34. Tentative Tract No. 14112 - Foothill and Sterling - project status report
Council Member/Commissioner Estrada advised that the Council wanted to be
able to ascertain the possibility of this project going forward and not being
stalled again.
Jon Skeith of California Regional Engineers advised that they have been
involved in this project for only the past two and one-half months, and provided
details of what has transpired during that time. He stated that they do have a
proposed development schedule and provided an overview of several of the
activities that will be taking place.
Council Member/Commissioner Estrada requested a copy of the development
schedule.
Council Member/Commissioner Anderson stated she wanted to be sure that this
developer would be able to financially afford this project and requested some
type of a financial package or status report from the company.
Council Member/Commissioner Derry stated he was very familiar with this
proposed project. He noted that it has been a difficult project to develop, and
until recently the timing has not been the best for developing this area.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Mayor and Common Council
receive and file the status report.
17 12/01/2003
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
35. Authorization to write-off adjustment of approximately $11,450 in refuse,
sewer, storm drain and East Valley Water District final sewer billings for
victims of Old Fire 2003
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Suarez, that the Mayor and Common Council approve a
write-off adjustment approximating $8,850 of combined refuse, sewer, and
storm drain services for the victims of the 2003 Old Fire, as well as
approximately $2,600 in East Valley Water District final sewer billings.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
Community Development Commission
And
San Bernardino City Housing Authority
Staff Present: Mayor/Chairman Valles; Council Members/Commissioners Estrada,
Longville, McGinnis, Derry, Suarez, Anderson, McCammack; City Attorney Penman,
Deputy City Clerk Medina, Economic Development Agency Executive Director Van
Osdel. Absent: None.
R36. Appropriation of Low/Mod Housing Funds from the Redevelopment Agency
to the San Bernardino City Housing Authority
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Anderson, that the Community Development
Commission of the City of San Bernardino appropriate $150,000 from the
Redevelopment Agency Low/Mod Housing Funds to the San Bernardino City
Housing Authority for acquisition and administrative costs; and that the San
Bernardino City Housing Authority ("Authority") accept the $150,000
Low/Mod Housing Fund appropriation from the Redevelopment Agency for
acquisition and administrative costs.
The motion carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
18 12/01/2003
37. Public Comments
Janean Cleveland stated that she used to be a criminal, but had been sober for
38 days; and spoke regarding her difficulty in finding services which would help
her stay sober and lead a productive life.
38. Adjournment
At 5:12 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, December 15, 2003, in the Council
Chambers of City Hall, 300 North "D" Street. San Bernardino, California.
No. of Items: 38
No. of Hours: 3.5
RACHEL G. CLARK
City Clerk
B1: n cyst,
Linda E. Hartzel
Deputy City Clerk
19 12/01/2003