HomeMy WebLinkAbout12-15-2003 MinutesMINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
DECEMBER 15, 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 1:39 p.m., Monday, December 15, 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):
Fernando Velardez; Armando Velardez v. City of San Bernardino, et al. -
San Bernardino Superior Court Case No. SCVSS 097365;
Alice Thomas v. City of San Bernardino_ , et al. - San Bernardino Superior
Court Case No. SCVSS 098359;
James M. Sutcliffe v. City of San Bernardino, WCAB No. SBR 030855;
0308556; 0308557; 0308558; SBR 0316340;
Shirley J. Goodwin v. City of San Bernardino, et al. - United States District
Court Case No. EDCV 98-6-RT (VAPx).
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
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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:
Contract Extension
Development Services Director
E. Closed session with Chief of Police on matters posing a threat to the security
of public buildings or threat to the public's right of access to public services
or public facilities - pursuant to Government Code Section 54957.
F. Conference with labor negotiator - pursuant to Government Code Section
54957.6.
1. Negotiator:
Linn Livingston, Human Resources Director
Employee Organization:
San Bernardino City Professional Fire Fighters' Association
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
Property: APN 0134-071-24, 0134-071-25,0134-071-58
Negotiating Parties: Gary Van Osdel, Executive Director, on behalf of the
Redevelopment Agency and Scott Beard, property
owner
Under Negotiation: Purchase price, terms and conditions
City Attorney Penman announced that the following additional items would be discussed in
closed session:
Under Agenda Item 1A, Existing Litigation:
Daniel Schmitz v. City of San Bernardino - Worker's Compensation Appeals Board
Case No. SBR 0313751 and SBR 0313752;
Michelle Arroyo v. City of San Bernardino, et al. - United States District Court
Case No. CV 02-8967 ABC;
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Candice Dick v. City of San Bernardino, et al. - United States District Court Case
No. EDCV 02-158 VAP;
Cassandra Dailey v. City of San Bernardino, et al. - San Bernardino Superior Court
Case No. SCVSS 034774.
Under Agenda Item 1C, Initiation of Litigation:
City of San Bernardino v. Gil Lara and Freddie Curlin.
Closed Session Announcement
City Clerk Clark announced that during closed session the Mayor and Common Council
approved the first amendment to the employment agreement between Development Services
Director James Funk and the City of San Bernardino.
The motion made by Council Member/Commissioner Anderson, seconded by Council
Member/Commissioner McGinnis carried by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson. Nays:
Council Member/Commissioner McCammack. Absent: None.
Invocation/Pledge of Allegiance
The invocation was given by Pastor David Tinoco of St. Paul's United Methodist Church,
followed by the pledge of allegiance, led by Council Member/Commissioner Estrada.
Moment of Silence
Mayor/Chairman Valles extended condolences to the Sponsler family and requested a
moment of silence be observed in remembrance of Dr. John Sponsler, a psychiatrist for 39
years.
2. Appointments
There were no commission appointments.
3. Presentations
Jan Bradley, President -Elect of the San Bernardino Breakfast Rotary Club, presented
a check for $3,000 to the City's Fire Relief Fund.
Certificates of Appreciation were presented to Mike Arvizo and Kevinn Whittaker of
the Fire Department for organizing a pancake breakfast and T-shirt sale on
December 13, 2003, at Golden Valley Middle School with all proceeds going to the
"City of San Bernardino Old Fire Relief Fund".
3 12/15/2003
A resolution posthumously commending former City Attorney Ralph H. Prince for
his exceptional service to the City of San Bernardino and its residents was read by
Mayor Valles and presented to his son, Tim.
Peggi Hazlett, Assistant to the Mayor, introduced the members of the 2003/2004
Mayor's Youth Council.
Glenn Baude announced that Code Enforcement Officer Jesse Lizarraga, a promoter
for the Empire Wrestling Federation, organized a wrestling event that raised $1,545
for the City's Fire Relief Fund.
David Pruitt, Executive Assistant to the Mayor, announced that the nominees for the
Third Quarter 2003 Customer Service Award were Sylvia Londean, Account Clerk
II in the Finance Department; Karla Luther. Plans Examiner in Development
Services; and Linda Puetz, Library Clerk at the San Bernardino Public Library. He
announced that the recipient of the Third Quarter City of San Bernardino Customer
Service Award was Linda Puetz who was nominated for her unique and specialized
talents as an artist, combined with her excellent customer service and office skills.
City Clerk Rachel Clark announced that the City Council of the Sister City of
Tachikawa, Japan started a fund to help the fire victims, and as of December 12 had
collected $1,547,618 yen or $14,150 for the City's Fire Relief Fund. She stated that
more money would probably be coming as their campaign runs through the end of
January.
David Pruitt 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
Teri Baker
Marilyn Dixon
Sharlene Williams
Donna Ward
Dean Steckler
Shirley Allen
Angela Encinas
Kenneth Kiecolt
Katheryn Miller
Department
City Administrator
City Administrator
Code Compliance
Development Services
Facilities
Fire
Library
Police
Police
Years of Service
5
25
15
15
15
10
5
5
20
4 12/15/2003
4. Announcements
Chief Zimmon and Chief Pitzer stated that in an effort to recognize the huge effort
that Fire and Police Department personnel put forth during the "Old Fire," they
came up with a campaign ribbon that could be worn on their uniforms.
Chief Zimmon stated that one of the recipients of this year's "Department Hat
Award" was City Clerk Rachel Clark for going above and beyond.
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 McCammack, that full reading of the resolutions and
ordinances on the regular and supplemental agendas of the Mayor and Common
Council and 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. Personnel Actions
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the personnel actions as submitted by the
Chief Examiner dated December 10, 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.
7. Resolutions regarding agreement with Strategic Education Services
RES. 2003-341 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the Mayor to execute an Agreement with Strategic
Education Services (SES) for consulting services. (7A)
5 12/15/2003
RES. 2003-342 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an Agreement to jointly fund the
consulting services of Strategic Education Services (SES) by and between the
City of San Bernardino, the Board of Water Commissioners of the City of San
Bernardino, and the Community Development Commission of the City of San
Bernardino. (713)
RES. CDC/2003-42 - Resolution of the Community Development Commission of
the City of San Bernardino authorizing the execution of an agreement to jointly
fund the consulting services of Strategic Education Services (SES) by and
between the City of San Bernardino, the Board of Water Commissioners of the
City of San Bernardino, and the Community Development Commission of the
City of San Bernardino. (7C)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolutions A-C, be adopted.
Council Resolution Nos. 2003-341 and 2003-342 and Community Development
Commission Resolution No. CDC/2003-42 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Derry,
Suarez, Anderson, McCammack. Nays: None. Absent: None.
8. Authorization to reappoint a City Attorney Investigator/Special Projects (Part-
time) for the period January 3, 2004 through June 30, 2004, with no benefits, at
$32 per hour, for the purpose of enforcing the City of San Bernardino's
Municipal Code relating to transient vendors
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the City Attorney to reappoint a part-time City Attorney Investigator for
the period January 3, 2004 through June 30, 2004, with no benefits, at $32 per hour,
for the purpose of enforcing the City of San Bernardino's Municipal Code relating to
transient vendors; and that the Mayor and Common Council authorize the Director
of Finance to effect a budget amendment transferring $13,312 in savings from
Account No. 001-073-5505 (Code Compliance Other Professional Services - CDBG)
to Account No. 001-051-5014 (City Attorney's Office - Part-time Hiring).
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
6 12/15/2003
9. Approve Local Appointments List per Maddy Act
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council approve
the Local Appointments List of all regular and ongoing boards, commissions, and
committees and direct that the City Clerk send a copy of the List to the Feldheym
Library for posting pursuant to Government Code Section 54973.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
10. Certification of Northwest Project Area Committee election results - November
20, 2003
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council declare
that the adopted procedures for the Northwest Project Area Committee election held
on November 20, 2003, were followed; and further declare as official the results of
the Northwest Project Area Committee Election, as set forth in the Certificate of
Election results dated December 4, 2003, and the accompanying tally sheet; and that
the Community Development Commission recommend approval of the Northwest
Project Area Committee as elected on November 20, 2003.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
11. Resolutions executing an agreement for grant funding through the State of
California Code Enforcement Grant Program and authorizing the purchase of
anti -graffiti and anti -dumping cameras
RES. 2003-343 - A Resolution of the Mayor and Council authorizing the Mayor
to execute an Agreement to receive grant funding through the State of
California Code Enforcement Grant Program.
RES. 2003-344 - A Resolution of the Mayor and Council authorizing the
purchase of anti -graffiti and anti -dumping cameras.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolutions A & B, be adopted.
7 12/15/2003
Resolution Nos. 2003-343 and 2003-344 were adopted by the following vote: Ayes:
Council Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez,
Anderson, McCammack. Nays: None. Absent: None.
12. RES. 2003-350 - Resolution of the City of San Bernardino approving a Services
Agreement with Transtech Engineering, Inc. (known as the Team of
Transtech/MAPCO) for design of sanitary sewer line replacement and/or
upgrades in "E" Street between Hunts Lane to McKay Drive, Chandler Place
from "E" Street to Orange Show Road, Inland Center Drive from "H" Street
to 1-215 Freeway, Inland Center Drive from Scenic Drive to I-215 Freeway,
Virginia Street from "I" Street to "H" Street, 17'h Street from "I" Street to
"H" Street, and an alley south of Jefferson Street to Inland Center Drive.
Council Member/Commissioner Suarez indicated that he had to abstain on this
matter due to the fact that the principals involved with the project have donated to
his campaign. He left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Longville, that said resolution be adopted.
Resolution No. 2003-350 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. Resolution of the City of San Bernardino approving a Services Agreement with
Associated Engineers, Inc. for design of sanitary sewer main replacement in
Arrowhead Avenue from Mill Street to Chandler Place.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of January 5, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
8 12/15/2003
14. Authorize Change Order No. One to contract with Guzman Construction
Company - street improvements on Terrace Road between 6' Street and Maple
Street and on 9' Street between Pennsylvania Avenue and Flores Street, and
sidewalk and ADA access at Highland Avenue and Ramona Avenue - Plan Nos.
10620 and 10618
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the Director of Development Services to execute Change Order No. One in
the amount of $17,421.81 to contract with Guzman Construction Company for street
improvements on Terrace Road between 6' Street and Maple Street and on 9' Street
between Pennsylvania Avenue and Flores Street, and sidewalk and ADA access at
Highland Avenue and Ramona Avenue, per Plan Nos. 10620 and 10618.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
15. Authorize Change Order No. One to contract with Holland -Lowe Construction,
Inc. - road closure of 44" Street at Waterman Avenue - Plan No. 10516
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the Director of Development Services to execute Change Order No. One in
the amount of $12,864.71 to contract with Holland -Lowe Construction, Inc. for the
road closure of 44ih Street at Waterman Avenue, per Plan No. 10516.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
16. Authorize Change Order No. Two to contract with International Pavement
Solutions, Inc. - street and drainage improvements on Meridian Avenue and
Poplar Street - Plan No. 10505
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize the Director of Development Services to execute Change Order No. Two
in the amount of $6,974.52 to contract with International Pavement Solutions, Inc.
for street and drainage improvements on Meridian Avenue and Poplar Street, per
Plan No. 10505.
9 12/15/2003
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
17. Resolution of the City of San Bernardino making application to the Local
Agency Formation Commission for providing City sewer services to property
within unincorporated territory located at the southwest corner of Porter Street
and California Street (APN: 0268-291-16).
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of January 5, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
18. RES. 2003-345 - Resolution of the City of San Bernardino accepting fair market
value for a portion of certain real property, located northeasterly of Cajon
Boulevard at University Parkway, known as Assessor's Parcel Numbers 0148-
011-06 & 40 and 0266-073-02, 04, 05 & 09, to be acquired by San Bernardino
Associated Governments of San Bernardino County for the City of San
Bernardino relative to a proposed grade separation.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-345 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
19. Authorization to proceed - proposed vacation of a portion of that certain
east/west alley south of Base Line Street, between Lugo Avenue and Sepulveda
Avenue - approve Plan No. 10894
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the Director of Development Services
and the City Clerk be authorized to proceed with the vacation of a portion of that
certain east/west alley, south of Base Line Street, between Lugo Avenue and
Sepulveda Avenue; and that the Mayor and Common Council approve Plan No.
10894.
10 12/15/2003
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
20. RES. 2003-346 - Resolution of the City of San Bernardino terminating
Assessment District No. 990 Zone 1 and Zone 2, Highland Avenue and Arden
Avenue Area Security and Maintenance Assessment District, and releasing of
liens.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-346 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
21. RES. 2003-347 - Resolution of the City of San Bernardino to provide an
Accumulated Leave Conversion Plan through membership in the Public Agency
Retirement System (PARS) Trust.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-347 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
22. Funding approval of Fine Arts and Cultural Agreements for Fiscal Year
2003/2004
RES. 2003-351 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the Inland
Empire Symphonic Choir for the promotion of arts and culture. (22A)
RES. 2003-352 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the Canto Bello
Master Chorale for the promotion of arts and culture. (22B)
RES. 2003-353 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the CSUSB
Foundation, Coyote Conservatory for the Arts for the promotion of arts and
culture. (22C)
11 12/15/2003
RES. 2003-354 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the Inland
Dance Theatres, Inc. for the promotion of arts and culture. (22D)
RES. 2003-355 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the Junior
University of San Bernardino, Inc. for the promotion of arts and culture.
(22E)
RES. 2003-356 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the San
Bernardino -Riverside Counties District Metropolitan Opera Auditions for the
promotion of arts and culture. (22F)
RES. 2003-357 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the Prime Time
Choraliers for the promotion of arts and culture. (22G)
RES. 2003-358 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the Sinfonia
Mexicana for the promotion of arts and culture. (22H)
RES. 2003-359 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the Sturges
Family Playhouse & Academy for the promotion of arts and culture. (22I)
RES. 2003-360 - Resolution of the Mayor and Common Council of the City of
San Bernardino authorizing the execution of an agreement with the San
Bernardino Valley Community Concert Association for the promotion of arts
and culture. (22J)
Council Member/Commissioner Derry requested that the matter be continued for
one month because of the pending budget situation relative to Vehicle License Fees.
The following individuals spoke in support of funding approval of the Fine Arts and
Cultural Agreements:
Dr. Ernie Garcia, 695 E. 39' Street, San Bernardino, CA;
Lynda Hubbs-Kuehn, President of the San Bernardino Valley Concert Association,
902 E. Highland Avenue, San Bernardino, CA;
Dorothy Garcia, 695 E. 39' Street, San Bernardino, CA;
Susan Rice, Executive Director of the Arts Council for San Bernardino County, 468
W. 5' Street, San Bernardino, CA; and
Anthony Bocanegra, Sinfonia Mexicana, 468 Vl'. 5' Street, San Bernardino, CA.
12 12/15/2003
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolutions A-J, be adopted.
Resolution Nos. 2003-351, 2003-352, 2003-353, 2003-354, 2003-355, 2003-356,
2003-357, 2003-358, 2003-359 and 2003-360 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez,
Anderson, McCammack. Nays: Council Member/Commissioner Derry. Absent:
None.
23. Resolution of the Mayor and Common Council authorizing the execution of a
Memorandum of Understanding with the Los Angeles County Sheriffs
Department (for SCRRA - Metrolink) and the City of San Bernardino Police
Department.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to the
Council/Commission meeting of January 5, 2004.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
24. RES. 2003-348 - Resolution of the Mayor and Common Council of the City of
San Bernardino accepting a corrected Grant Deed from Southern California
Edison Company for property located on the north side of Nolan Street,
between Ogden and Kern Streets, San Bernardino, dedicating the property for
Water Department use, and rescinding Resolution No. 2003-273.
Council Member/Commissioner Derry indicated that he had to abstain on this matter
due to the fact that Southern California Edison is his employer. He left the Council
Chambers and returned after the vote was taken.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2003-348 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville. McGinnis, Suarez, Anderson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner Derry.
Absent: None.
13 12/15/2003
25. 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 (25A)
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 (25B)
Note: The Ordinances were not distributed with the backup material.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that the matter be tabled.
The motion carried by the following vote: Ayes: Council Members/Commissioners
Estrada, Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays:
None. Absent: None.
26. Public hearing - resolution creating Underground Utility District No. 30 -
portions of Palm Avenue north of Kendall Drive, Belmont Avenue east and west
of Palm Avenue, and Irvington Avenue east of Palm Avenue
RES. 2003-349 - Resolution of the City of San Bernardino creating
Underground Utility District No. 30 generally located along portions of Palm
Avenue between Kendall Drive and Meyers Road, portions of Belmont Avenue
east and west of Palm Avenue, and portions of Irvington Avenue, between Palm
Avenue and Olive Avenue, in the City of San Bernardino.
Council Member/Commissioner Derry indicated that he had to abstain on this matter
due to the fact that Southern California Edison is his employer. He left the Council
Chambers and returned after the vote was taken.
Mayor/Chairman Valles opened the hearing.
No public comments were received.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Estrada, that the public hearing relative to the formation of
Underground Utility District No. 30, be closed; and that said resolution be adopted.
14 12/15/2003
The motion carried and Resolution No. 2003-349 was adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Longville, McGinnis, Suarez,
Anderson, McCammack. Nays: None. Abstentions: Council Member/
Commissioner Derry. Absent: None.
27. RES. 2003-361 - A Resolution of the Mayor and Common Council of the City of
San Bernardino declaring the intention to establish a Community Facilities
District for new development for the ongoing operation and maintenance of a
fire station for the Verdemont Area. (Continued from November 17, 2003)
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2003-361 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson.
Nays: Council Member/Commissioner McCarnmack. Absent: None.
28. RES. 2003-362 - 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 Guhin Park, located at 3652 West Little League Drive (San Bernardino
Blast). (Continued from December 1, 2003)
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. 2003-362 was adopted by the following vote: Ayes: Council
Members/Commissioners Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
29. Review and take action regarding the need for continuing in effect the local
emergency caused by the Old Waterman Canyon Fire pursuant to Government
Code Section 8630 (c)(1)
Note: No backup materials were submitted.
Council Member/Commissioner Anderson made a motion, seconded by Council
Member/Commissioner Suarez, 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
Longville, McGinnis, Derry, Suarez, Anderson, McCammack. Nays: None.
Absent: Council Member/Commissioner Estrada.
15 12/15/2003
30. Dinner workshop - review the Arrowhead Parkway Alternative Roadway
Alignments Fatal Flaw Analysis Report identifying alternative street alignments,
approve in concept the most desirable alignment/preferred alignment, approve
an amendment to the Agreement for Services to increase the scope of work with
The Planning Center and contract amount to $501,400, and authorize the City
to accept funds and for The Planning Center to proceed with completion of the
Arrowhead Springs portion of the General Plan update, including the preferred
Arrowhead Parkway Alternative Roadway Alignment
Council Member/Commissioner McGinnis stated that he was not ready to approve
the roadway alignment in concept because he felt there should have been more
public involvement.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council receive and file
the Arrowhead Parkway Alternative Roadway Alignment Fatal Flaw Analysis Report
dated November 2003;
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council approve an
amendment to the Agreement for Services with the consultant to increase services at
a cost of $31,400 for the Arrowhead Springs Specific Plan portion of the General
Plan update for a total contract amount of $501,400, and increase Revenue Account
of the General Plan update for a total contract amount of $501,400, and increase
Revenue Account No. 001-000-4714 by $31,40) and increase Expenditure Account
No. 001-190-5502 by $31,400; and
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Derry, that the Mayor and Common Council authorize
completion of the Arrowhead Springs Specific Plan portion of the General Plan
update, subject to the City receiving the required amount of funds from the
developer/property owner of Arrowhead Springs to pay the consultant for
completion of each work item, task, or phase of the expanded Scope of Work.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Suarez, that the Mayor and Common Council
receive and file the Arrowhead Parkway Alternative Roadway Alignment Fatal Flaw
Analysis Report dated November 2003, and approve in concept the report's
preferred roadway alignment (Alternative 4A1) connecting Arrowhead Springs with
30' Street;
16 12/15/2003
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Suarez, that the Mayor and Common Council
approve an amendment to the Agreement for Services with the consultant to increase
services at a cost of $31,400 for the Arrowhead Springs Specific Plan portion of the
General Plan update for a total contract amount of $501,400, and increase Revenue
Account of the General Plan update for a total contract amount of $501,400, and
increase Revenue Account No. 001-000-4714 by $31,400 and increase Expenditure
Account No. 001-190-5502 by $31,400; and
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Suarez, that the Mayor and Common Council
authorize completion of the Arrowhead Springs Specific Plan portion of the General
Plan update, subject to the City receiving the required amount of funds from the
developer/property owner of Arrowhead Springs to pay the consultant for
completion of each work item, task, or phase of the expanded Scope of Work.
The motions carried by the following vote: Ayes: Council Members/
Commissioners Estrada, Suarez, Anderson, McCammack. Nays: Council
Members/Commissioners Longville, McGinnis, Derry. Absent: None.
31. Appeal hearing - Planning Commission's denial of Conditional Use Permit No.
O1-09 (Extension of time) to renovate an existing building to establish a 72-bed
group home - 216 West 6" Street in the CR-2, Commercial Regional, land use
district
Mayor/Chairman Valles opened the hearing.
Valerie Ross, City Planner, provided highlights of the staff report.
James Penman, City Attorney, stated that it was his understanding that Family
Service Agency did not intend to run the business, but intended to sell it or contract
it out.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to the
following individuals that they would provide true and honest testimony:
David Moore, Member of the Board of Directors of Family Service Agency, stated
that the current Request For Proposal (RFP) is a joint San Bernardino/Riverside
County behavioral health proposal that did not include kids on probation as was the
original intent. He stated that San Bernardino County is sending children outside of
the area and paying County dollars to Riverside. Los Angeles and Orange Counties
for these children, tearing families apart. Mr. Moore stated that they want to
reunify the families and bring them back to the City. Mr. Moore stated that they
17 12/15/2003
have met all the Conditions of Approval for the Extension of Time and there have
been no objections.
Arthur Serrano, the realtor representing the buyers, Real Pros Inc. and Monte
Child and Family Services, stated that the problem was trying to locate a facility in
close proximity to both San Bernardino and Riverside Counties. Mr. Serrano stated
that Mr. Monte had a good track record with both Counties and that he presently has
eight smaller facilities. He stated that this facility would be for both boys and girls
between the ages of 10 and 18.
Council Member/Commissioner Anderson asked what type of special education
program would be provided.
Mr. Serrano stated that he did not know the details, but it was his understanding that
it would be sanctioned through the San Bernardino School District.
Council Member/Commissioner Anderson stated that the staff report indicated that
the facility would be an all -male youth assessment center, but Mr. Serrano stated
that it would be for both boys and girls.
Mr. Serrano stated that the facility would be for both boys and girls from ages 10 to
18. He stated that it was his understanding that it was going to be an assessment
center or a temporary group home for as long as 90 days at a time.
Mr. Moore stated that the original Conditional Use Permit proposal was removed by
the Probation Department so some of the information contained in the staff report
was now incorrect. He stated that this was going to be a behavioral health
assessment center with three children to every one supervisor. Mr. Moore stated
that the children come from dysfunctional families. He stated that they have been
abused either physically or emotionally and are taken from their families for
assessment to determine whether they will be reunified with their families or put in a
foster care facility. Mr. Moore stated that this Joint County RFP had to do with
County Behavioral Health and not County Probation.
It was the consensus of the Council that more information was needed before they
could make a decision on this matter.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner McGinnis, that the matter be continued for two weeks. (No
vote was taken.)
City Attorney Penman stated that he had legal concerns due to the fact that the
circumstances had changed significantly. He recommended that the Council deny
18 12/15/2003
the appeal and invite the applicants to submit a new application with the correct
information.
Council Member/Commissioner McCammack made a substitute motion, seconded
by Council Member/Commissioner Longville, that the hearing be closed; that the
Mayor and Common Council deny the appeal and uphold the Planning Commission's
denial of Conditional Use Permit No. 01-09 (Extension of Time No. 03-06), that the
matter be continued to the next meeting to allow Development Services to bring
revised Findings of Fact to the Council, and that the applicant submit a new
application.
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
Staff Present
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; Senior Assistant City Attorney Carlyle, City Clerk Clark,
Economic Development Agency Special Counsel Sabo and Executive Director Van Osdel.
Absent: None.
R32. RES. CDC/2003-43 - Resolution of the Community Development Commission of
the City of San Bernardino, California, adopting the Economic Development
Agency's Annual Statement of Investment Policy for the Year 2004.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that said resolution be adopted.
Resolution No. CDC/2003-43 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R33. RES. CDC/2003-44 - Resolution of the Community Development Commission of
the City of San Bernardino, California, authorizing the investment of monies in
the Local Agency Investment Fund, and authorizing certain Economic
Development Agency employees to deposit and withdraw monies from said fund.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
19 12/15/2003
Resolution No. CDC/2003-44 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: None.
R34. Education Revenue Augmentation Fund (ERAF) Low Moderate Income
Housing Note
RES. CDC/2003-45 - Resolution of the Community Development Commission of
the City of San Bernardino, California, approving an Educational Revenue
Augmentation Fund Loan from Community Low and Moderate Income Housing
Funds and promissory notes from Redevelopment Project Areas, and
authorizing execution thereof.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Suarez, that the Community Development Commission
approve the financing plan for the 2003-04 ERAF payment, approve notes payable
from each of the redevelopment project areas, as outlined in the Staff Report dated
December 5, 2003, from Barbara Lindseth, Administrative Services Director; and
that said resolution be adopted.
Council Member/Commissioner McCammack withdrew her motion, stating that she
had to abstain on this matter due to the fact that she owns property in the area. She
left the Council Chambers and returned after the vote was taken.
Council Member/Commissioner Longville made a motion, seconded by Council
Member/Commissioner Suarez, that the Community Development Commission
approve the financing plan for the 2003-04 ERAF payment, approve notes payable
from each of the redevelopment project areas, as outlined in the Staff Report dated
December 5, 2003, from Barbara Lindseth, Administrative Services Director; and
that said resolution be adopted.
The motion carried and Resolution No. CDC/2003-45 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, Longville, McGinnis,
Derry, Suarez, Anderson. Nays: None. Abstentions: Council Member/
Commissioner McCammack. Absent: None.
R35. CDC/2003-46 - A Resolution of the Community Development Commission of the
City of San Bernardino authorizing the execution of Amendment No. 2 to the
Disposition and Development Agreement, dated as of May 21, 2001, as
amended, by and between the Agency and SBT Partners, LLC.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
20 12/15/2003
Resolution No. CDC/2003-46 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, Longville, McGinnis, Derry, Suarez, Anderson.
Nays: None. Absent: Council Member/Commissioner McCammack.
R36. A Resolution of the Community Development Commission of the City of San
Bernardino approving and authorizing the Executive Director of the
Redevelopment Agency of the City of San Bernardino ("Agency") to execute the
Redevelopment Project Study Agreement for property acquisition and
redevelopment assistance with Catellus Commercial Group, LLC (Mt. Vernon
Corridor Redevelopment Project Area) ("Agreement").
Staff requested that the matter be tabled.
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, Derry, Suarez. Anderson, McCammack. Nays:
None. Absent: None.
37. Public Comments
Betty Jean Long, 734 W. 10th Street, San Bernardino, CA, requested that the City
repair the potholes and sidewalks near her home.
John Marzula, 116 W. 16' Street, San Bernardino, CA, new Co -Chair of the Gay
and Lesbian Center, invited the Mayor and Council to attend their meetings
currently being held every Monday evening at the Coffee Rocket.
Sam Lock, 3238 Roberds Avenue, San Bernardino, CA, thanked everyone who
made donations to the Neighborhood Cluster Association toy drive.
Tracylyn Sharrit, 3238 Roberds, San Bernardino, CA, thanked the members of the
community who made their toy drive such a great success.
Carol O'Leary, 5667 Elm Avenue, San Bernardino, CA, presented several ideas
about how to improve the City of San Bernardino.
David Lanham, 4865 Lakewood, San Bernardino, CA, commended the Mayor and
Council for their leadership during the recent events that occurred within the City
and stated that he trusted that leadership would continue through the winter months
and all the things they faced.
21 12/15/2003
Chelsea Lock, 3238 Roberds, San Bernardino, CA, sang a song she dedicated to Joe
Suarez and the Council Members.
S1. Establish salaries for Police Department Ranges P-1, P-2 and P-3, effective
August 1, 2003
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that the salaries for Police Department Ranges P-1
(Police Officer), P-2 (Detective), and P-3 (Sergeant), be established, effective
August 1, 2003, as outlined in the Staff Report dated December 11, 2003, from Linn
Livingston, Director of Human Resources; that the Human Resources Department
prepare an amendment to Resolution No. 6429; and that the Mayor and Common
Council authorize the Director of Finance to amend the Fiscal Year 2003-04 budget
to transfer $962,100 from the General Government budget (001-092-5011) to the
Police 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.
S2. Establish salaries for Police Department Ranges P-4, P-5, P-6 and P-7, effective
August 1, 2003
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Derry, that the salaries for Police Department Ranges P-4
(Police Lieutenant), P-5 (Police Captain), P-6 (Assistant Chief of Police), and P-7
(Chief of Police), be established, effective August 1, 2003, as outlined in the Staff
Report dated December 11, 2003, from Linn Livingston, Director of Human
Resources; that the Human Resources Department prepare an amendment to
Resolution No. 6429; and that the Mayor and Common Council authorize the
Director of Finance to amend the Fiscal Year 2003-04 budget to transfer $89,500
from the General Government budget (001-092-5011) to the Police 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.
22 12/15/2003
S3. RES. 2003-363 - Resolution of the City of San Bernardino approving a side
letter to Resolution No. 2003-253, implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the Police
Safety Employees' Bargaining Unit of the City of San Bernardino represented
by San Bernardino Police Officers' Association (SBPOA).
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-363 was adopted by the following vote: Ayes: Council
Members/Commissioners Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council :Member/Commissioner Estrada.
S4. RES. 2003-364 - Resolution of the City of San Bernardino approving a side
letter to Resolution No. 2003-329, establishing a compensation and benefits plan
for the Management/Confidential and Unclassified employees, clarifying
language in Section I, PERS, Safety Employees, for Police Safety Management
Employees.
Council Member/Commissioner McCammack made a motion, seconded by Council
Member/Commissioner Anderson, that said resolution be adopted.
Resolution No. 2003-364 was adopted by the following vote: Ayes: Council
Members/Commissioners Longville, McGinnis, Derry, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Estrada.
38. Adjournment
At 7:51 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, January 5, 2004, in the Council Chambers of City Hall, 300
North "D" Street, San Bernardino, California.
No. of Items: 42
No. of Hours: 5
RACHEL G. CLARK
City Clerk
B
Linda Sutherland
Deputy City Clerk
23 12/15/2003