HomeMy WebLinkAbout01-22-2002 Minutes
MINUTES
MAYOR AND COMMON COUNCIL AND
COMMUNITY DEVELOPMENT COMMISSION
OF THE CITY OF SAN BERNARDINO
JOINT REGULAR MEETING
JANUARY 22, 2002
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
Pro Tern/Acting Chairman Anderson at 8:14 a.m., Tuesday, January 22,2002, 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 Pro
Tern/Acting Chairman Anderson; Council MembersiCommissioners Estrada, Schnetz,
Suarez, McCammack; City Attorney Penman, City Clerk Clark, City Administrator
Wilson. Absent: Council Members/Commissioners Lien, McGinnis.
Council Member/Commissioner McGinnis Arrived
At 8:58 a.m., Council Member/Commissioner McGinnis arrived at the
Council/Commission meeting.
1. Closed Session
Pursuant to Government Code Section(s):
A. Conference with legal counsel - eXlstmg litigation - pursuant to
Government Code Section 54956.9(a):
Jaime Alvarez, et aL v. City of San Bernardino - United States District
Court Case No. CV 00-03048;
Stubblefield Construction Company, et aL v. City of San Bernardino, et
aL - San Bernardino Superior Court Case No. SCV 252058;
California Bio-Mass, et aL v. City of San Bernardino, et aL - San
Bernardino Superior Court Case No. 083473;
Point Center Financial, Inc. v. City of San Bernardino - San Bernardino
Superior Court Case No. SCVSS 84237;
Jonathan Smith v. City of San Bernardino, et aL - United States District
Court Case No. CV 98-1990 GAF (CTx);
1
0112212002
Peter Taylor, et al. v. City of San Bernardino, et al. - Riverside
Superior Court Case No. RIC 346536.
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.
C. Conference with legal counsel - anticipated litigation - initiation of
litigation - pursuant to subdivision (c) of Government Code Section
54956.9.
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.
G. Conference with real property negotiator - pursuant to Government Code
Section 54956.8.
1.
Property Address:
Negotiating Parties:
HUB Properties
Gary Van Osdel for the Redevelopment Agency
and
0281-081-0 I
0281-081-02
0281-081-03
0281-081-04
0281-081-05
0281-082-05
0281-082-06
0281-082-07
0281-082-08
0281-082-09
0281-082-10
0281-082-11
0281-082-12
0281-082- I3
0281-082-14
0281-082-15
Cecilia Moreno
Cecilia Moreno
Cecilia Moreno
Janice S. Casey
Gina Ramirez
Gerry C. Politano & Lea G. Politano
Cruz A vila & Leonor A vila
Ronnie E. Searcy & Susan Ann Searcy
Jose T. Castaneda & Brenda Castaneda
Anthony Grgec & Gloria E. Grgec
Anthony Grgec & Gloria E. Grgec
Angelina Rodriguez Coeur
AHa J.Moffitt
Charles L Brown
Elisa L Gurrola & Evangelina L. Montez
Juan P. Trujillo & Consuelo Y. Trujillo
2
01/2212002
0281-082-16
0281-082-17
0281-082-26
0281-082-27
0281-082-28
0281-082-29
0281-082-30
0281-082-32
0281-082-33
0281-082-34
0281-082-35
0281-082-36
0281-082-37
0281-082-38
0281-082-39
0281-082-40
0281-082-41
0281-082-55
0281-082-57
0281-083-0 I
0281-083-02
0281-083-04
0281-083-05
0281-083-06
0281-083-07
0281-083-08
0281-083-09
0281-083-10
0281-083-11
0281-083-12
0281-083-13
0281-083-14
0281-083-15
0281-083-16
0281-083-17
0281-083-18
0281-083-20
0281-091-39
Under Negotiation:
Chia-Ping Hwang & Mei Fan Hwang
Enrique Villapando & Mary Villapando
West End Investments
Kreten Jakobsen & Rebecca G. Jakobsen
Kreten Jakobsen & Rebecca G. Jakobsen
Neil Calvin Hansen, Jr. & Sandra Kay Hansen
Ronald Norris & Phyllis Norris
David V. Kon, Trustee
David V. Kon, Trustee
Juan P. Trujillo & Consuelo Y. Trujillo
Roberto O. Betancourt & Rita M. Betancourt
Pedrito B. Tongpo & Perida I. Tongpo
Pedrito B. Tongpo & Perida I. Tongpo
Henry W. Shelton & Betty J. Shelton
George R. Hallock & Janet Knickerbocker
Altegra Credit Co
Blue Diamond Unlimited, Inc
Henry W Shelton & Betty J. Shelton
Vibhakerbhai B. Patel & Vimalaben Patel
Alfred Anthony Simental
L.L.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Henry W. Shelton & Betty J. Shelton
Henry W. Shelton & Betty J. Shelton
Leo Rittenhouse
Harold P. Luke & Chintana V. Luke
J. C. Hancock & Lorean Hancock
Henry W. Shelton & Betty J. Shelton
Victor M. Castillo
Fern I. Kopitzke, Trustee
Jaks, L.l.c., A CA Limited Liability Co.
Jaks, L.l.c., A CA Limited Liability Co.
Jaks, L.l.C., A CA Limited Liability Co.
Jaks, L.l.c., A CA Limited Liability Co.
Jaks, L.L.C., A CA Limited Liability Co.
Jaks, L.l.c., A CA Limited Liability Co.
Jaks, L.L.c., A CA Limited Liability Co.
Jaks, L.l.C., A CA Limited Liability Co.
Purchase terms & conditions
City Attorney Penman announced that the following case would be discussed in
closed session:
Redevelopment Agency of the City of San Bernardino v. Jaime Alvarez, et
al. - San Bernardino Superior Court
3
01/2212002
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.
Invocation/Pledge of Allegiance
The invocation was given by Jorge Carlos, Executive Assistant to the Council, followed
by the pledge of allegiance, led by Council Member/Commissioner Suarez.
Moment of Silence
Mayor Pro Tern/ Acting Chairman Anderson requested that a moment of silence be
observed in memory of the following individuals who recently passed away: Bernard
Lowry, brother of Freddie Spellacy; businessman and civic leader Lionel Heller;
businesswoman Ruth Aburto; community activist and leader Pat Tyler; and the father of
local Sun newspaper reporter, Ed Mauel.
2. Appointments
There were no commission appointments.
3. Presentations & Service Pin Awards
Jan Wages, Administrative Analyst II, received a Certificate of Recognition for
being the 2001 recipient of the San Gorgonio Memorial Hospital Foundation
"Sharing the Vision Perfect Partner Award."
Steve Satuloff, Target Corporation representative, presented a check for $1,500
to Chief of Police Garrett Zimmon and Lt. Mark Emoto in support of the
opening of the "Area E" Community Oriented Policing (C.O.P.) Station soon to
be located at the Inland Center Mall.
Teri Rubi, Executive Assistant to the Mayor. read the names of the following
individuals who were presented a service pin award by Mayor Pro Tern
Anderson in recognition of their many years of dedicated service to the City:
Name
Edna Di Vellis
Laura King
Linda South
Mike Eckley
Jarrod Burguan
Charles Dai
Kevin Jeffery
Tina Martinez
Lane Thompson
Robert Volkenburg
Damion Wells
Paul Williams
Linda Ceballos
Michelle Turner
Craig Woodmansee
Department
City Attorney
Finance
Finance
Information Systems
Police
Police
Police
Police
Police
Police
Police
Police
Public Services
Public Services
Public Services
4
Years of Service
5
5
5
10
10
5
5
5
10
25
5
10
5
5
5
01/2212002
4. Announcements
Announcements were made by Mayor Pro Tern/ Acting Chairman Anderson,
members of the Common Council, elected officials, and the Chamber of
Commerce regarding various civic, community, and chamber events/activities.
City Administrator Wilson provided an update on the City's public works
projects.
5. Waive Full Reading of Resolutions & Ordinances
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, 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, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
6. Council Minutes
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, 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 1, 2001; November 5, 2001; and November 19,
2001.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
7. Claims & Payroll
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the claims and payroll and the
authorization to issue warrants as listed on the memorandum dated January 14,
2002, from Barbara Pachon, Director of Finance, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
5
01/2212002
8. Personnel Actions
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the personnel actions as submitted by
the Chief Examiner dated January 15, 2002, 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, McGinnis, Schnetz, Suarez, Anderson,
McCarnmack. Nays: None. Absent: Council Member/Commissioner Lien.
9. RES. 2002-21 - Resolution of the Mayor and Common Council of the City
of San Bernardino awarding a contract to Bonadiman-McCain, Inc. for
bridge seismic retrofit at six locations, per Plan No. 10149.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2001/02 budget and increase
Account No. 244-362-5504-7094 (Bridge Seismic Retrofit) by $100,100 and
also increase the corresponding revenue Account No. 242-000-4630 (State
Reimbursement) by $20,000 and Account No. 242-000-4658 (Federal
reimbursement) by $80,100 to reflect the State and Federal reimbursement to be
received.
The motion carried and Resolution No. 2002-21 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz,
Suarez, Anderson, McCammack. Nays: None. Absent: Council
Member/Commissioner Lien.
10. RES. 2002-18 - Resolution of the City of San Bernardino establishing the
northwesterly right-of-way boundary for a portion of University Parkway,
northeasterly of Kendall Drive.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2002-18 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
6
01/22/2002
11. RES. 2002-19 - Resolution of the Mayor and Common Council of San
Bernardino authorizing the execution of a contract with and issuance of a
purchase order to WLC Architects for professional design services for the
Verdemont Fire Station.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2002-19 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
12. RES. 2002-22 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the Purchasing Manager to increase
purchase orders to Account Temps, Apple One, and Kimco for the
provision of temporary clerical staffing services for Facilities Management
Department.
It was the consensus of the Council that in the future, the City should focus on
considering all local temporary agencies for these types of contracts.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2001102 Facilities
Management adopted budget and transfer $25,300 from Account No.
631-331-5011 to Account No. 631-331-5502 and $15,000 from Account No.
001-326-5011 to Account No. 001-326-5502.
The motion carried and Resolution No. 2002-22 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz,
Suarez, Anderson. Nays: Council Member/Commissioner McCammack.
Absent: Council Member/Commissioner Lien.
13. Authorize Submittal of Grant Application - State of California Business,
Transportation & Housing Agency, Office of Traffic Safety (OTS) - $50,000
- to purchase two thermal imaging cameras
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council
authorize submittal of a grant application to the Office of Traffic Safety (OTS)
in the amount of $50,000 for the purchase of two thermal imaging cameras.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
7
0112212002
14. Resolution of the City of San Bernardino approving a Side Letter to
Resolution 2001-303, resolution implementing a Memorandum of
Understanding between the City of San Bernardino and employees in the
General Bargaining Unit represented by the San Bernardino Public
Employees Association.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that the matter be continued to February
4, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCarnmack. Nays: None. Absent: Council Member/Commissioner Lien.
15. Set Luncheon Workshop - February 4, 2002 - 12 p.m. - MIC Room -
Update by Ehrenkratz, Eckstut & Kuhn Architects (EEK) - Status of
design alternatives for the Downtown Revitalization Project
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that the Mayor and Common Council set
a luncheon workshop on Monday, February 4, 2002, at 12 noon in the MIC
Room for a presentation by Ehrenkratz, Eckstut & Kuhn Architects (EEK)
regarding design alternatives for the Downtown Revitalization Project.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
16. RES. 2002-23 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a lease agreement with the
Inland Center Mall for lease of certain real property known as the Police
Community Service office located at 204 Inland Center Mall. The term of
the agreement is for seven (7) years.
Council Member/Commissioner McGinnis made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2002-23 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
8
01/2212002
17. RES. 2002-24 - Resolution ratifying the emergency purchase of pumping
services relating to a sewer spill at the intersection of Mill and G Street.
Council Member/Commissioner Estrada stated that she was not only concerned
that the problem would be solved, but also felt that the City should be
reimbursed for the costs associated with cleaning up the spilL
City Attorney Penman was informed that the Water Department would be
attempting to recover the City's costs through the citation administrative
process.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner Schnetz, that said resolution be adopted.
Resolution No. 2002-24 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
18. RES. 2002-20 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing the execution of a purchase order to Crest
Chevrolet for one (1) 2002 4-wheel drive utility vehicle to be utilized by the
Fire Department.
Council Member/Commissioner Estrada made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted.
Resolution No. 2002-20 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
19. RES. 2002-25 - Resolution authorizing the execution of a purchase order to
Pomona Valley Kawasaki, Inc. for the purchase of four (4) 2002 Kawasaki
Police Patrol motorcycles for the Police Department Traffic Division.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-25 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
9
01/2212002
20. Approve - Civic and Promotion funding - 2002 4th of July celebration
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that the request from the 4th of July
Committee for FY 2001102 civic and promotion funding in the amount of
$55,200, be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
21. Waive Fees - Society for the Preservation & Appreciation of Antique Motor
Fire Apparatus in America (SPAAMFAA) Crown Firecoach Enthusiasts
parade and convention - February 16, 2002
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that a waiver of fees in the amount of
$3,534 in civic and promotion contingency funding for police
personnel/equipment to assist in the conduct of the SPAAMFAA Crown
firecoach Enthusiasts parade and convention scheduled for February 16, 2002,
be approved.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schuetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
22. RES. 2002-26 - Resolution of the Mayor and Common Council of the City
of San Bernardino authorizing an agreement with the City of San
Bernardino and the San Bernardino Black Culture Foundation for financial
assistance from the Civic and Promotion Fund for FY 2001102.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McCammack, that said resolution be adopted; and that
the Mayor and Common Council approve direct funding in the amount of
$4,500; indirect funding in the amount of $18,662 be transferred from the
2001102 civic and promotion fund to various city departmental accounts as listed
in the staff report from Fred Wilson, dated January 7, 2002; and a waiver of
fees and use of city personnel and equipment be authorized to assist in the 2002
Black History Week events scheduled for February 1-3, 2002.
The motion carried and Resolution No. 2002-26 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz,
Suarez, Anderson, McCammack. Nays: None. Absent: Council
Member/Commissioner Lien.
10
01/22/2002
23. Authorize reorganization of the Animal Control Division
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that the Mayor and Common Council
authorize the addition of three (3) Animal Control Officers, Range 1319,
$2,179-$2,649; one (1) Animal Shelter Attendant, Range 1291, $1,895-$2,303;
one (1) Administrative Clerk II, Range 1294, $1,924-$2,338; and two (2)
License Checkers (Part-time $10.00 per hour; that the Human Resources
Department be directed to update Resolution No. 6413, Section Thirteen, and
Resolution No. 97-244, to reflect this particular action; and that the Director of
Finance be authorized to amend the FY 2001102 adopted budget as follows:
transfer $121,800 from the General Fund's budgeted reserve to the Animal
Control Fund; increase animal license revenue (Account No. 124-000-4320) by
$16,000 and penalty revenue (Account No. 124-000-4430) by $4,000; increase
contract revenue (Account No. 124-000-4757'\ by $67,600 to reflect the increase
in the Fontana contract; and increase the Animal Control Fund's expenditure
budget (Account No. 124-23x-5xxx - various salary and operational costs) by
$209,400 to reflect the staffing and operations costs outlined in the staff report
from Ed Raya, dated January 14, 2002.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
24. RES. 2002-27 - Resolution of the City of San Bernardino amending
Resolution 6413, Section Thirteen, Temporary/Part-time Employees,
entitled in part a "Resolution...establishing a basic compensation plan..." by
updating information codifying prior Council actions.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner McGinnis, that said resolution be adopted; and that the
Director of Finance be authorized to amend the FY 2001102 budget and to
transfer $30,000 from General Fund budget (Account No. 001-092-5011) into
Part-time Salaries in the various departments impacted by the minimum wage
increase.
The motion carried and Resolution No. 2002-27 was adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Schnetz,
Suarez, Anderson, McCammack. Nays: None. Absent: Council
Member/Commissioner Lien.
11
0112212002
25. Public Hearing - Development Code Amendment No. 01-05 - to expand the
permitted uses at the Carousel Mall (Continued from December 17, 2001)
An Ordinance of the City of San Bernardino amending Section 19.06.020 of
the San Bernardino Municipal Code (Development Code) to add permitted
uses in the CR-l, Commercial Regional-Malls land use district. FIRST
READING
Mayor Pro Tem/ Acting Chairman Anderson opened the hearing.
Valerie Ross, City Planner, provided background information.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide truthful and honest testimony:
Sam Catalano, 295 Carousel Mall, San Bernardino, California, stated that he
concurred with staff's recommendation.
Council Member/Commissioner Schnetz made a motion, seconded by Council
Member/Commissioner McCammack, that the hearing be closed; and said
ordinance be laid over for final adoption.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
26. Appeal Hearing - Conditional Use Permit No. 01-14 - to upgrade an
Alcoholic Beverage Control Type 41 on-sale beer and wine license to a Type
48 on-sale general license - Fanatics Restaurant - 1689 Kendall Drive
(Continued from December 3,2001)
Mayor Pro Tern/Acting Chairman Anderson opened the hearing.
Valerie Ross, City Planner, provided background information.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals who spoke in opposition to the project, that they would
provide truthful and honest testimony: Larry Lee, 1699 Sheridan Road, San
Bernardino, CA; and China Akbar, resident manager of Indian Creek
Apartments, 1930 W. College Avenue, San Bernardino, CA.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individuals who spoke in favot of the project, that they would
provide truthful and honest testimony: Bill Bauer, 1583 Wild Pony Path, San
Bernardino, CA; and Shashi Patel, co-owner of Fanatics, 1689 W. Kendall
Drive, Suite H, San Bernardino, CA.
12
0112212002
Council Member McCammack stated that she was concerned that the business
has not honored the conditions of their existing permit, and believed that quality
of life and property values of the surrounding residents would be affected if the
Conditional Use Permit (CUP) is granted.
City Attorney Penman recommended that the appeal be upheld and the
Conditional Use Permit denied because of the fact that the owners have chosen
to ignore the wishes of the Mayor and Council by violating City ordinances.
Council Member/Commissioner Estrada stated that it was clear from the
investigation that it was not just one or two individuals citing the same concerns,
but that there were a number of people who complained about the trash and
debris, lack of security, and loud music; and based on that, she felt the Council
had no other option but to deny the CUP.
Ms. Ross requested that she be allowed to return in the afternoon with Findings
of Fact to support the denial.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that the hearing be closed; and that the
Mayor and Common Council uphold the appeal and deny the Planning
Commission's approval of Conditional Use Permit No. 01-14.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
City Attorney Penman advised that the Findings of Fact in support of denial of
Conditional Use Permit No. 01-14 had been distributed.
Ms. Ross pointed out that the Development Code requires the City to make
seven findings in the affirmative in order to approve a Conditional Use Permit.
She stated that based on the testimony received in December, the investigation
by the City Attorney's Office, and the testimony received this morning from the
public and members of the Council, it was determined that three of the seven
findings could not be made in support of the CUP, and staff believed those three
findings ultimately supported denial of the CUP.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Estrada, that the Findings of Fact in support of
denial of Conditional Use Permit No. 01-14, be adopted.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCarnmack. Nays: None. Absent: Council Member/Commissioner Lien.
13
01/2212002
27. Authorization to join amicus curiae brief in the case of Eastburn v.
Regional Fire Protection Anthority
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner McGinnis, that the Mayor and Common
Council authorize the City Attorney to join in the amicus curiae brief in the case
of Eastburn v. Regional Fire Protection Authority.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
28. RES. 2002-28 - 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 the south side of Lynwood Drive between
four hundred twenty-five feet east of Golden Avenue and Loma Avenue, on
both sides of Mountain Avenue between Citrus Avenue and Lynwood Drive,
on the north side of Citrus Avenue between Mountain Avenue and Loma
A venue, and on the west side of Lorna A venue between Citrus A venue and
Lynwood Drive.
Council Member/Commissioner Suarez made a motion, seconded by Council
Member/Commissioner Estrada, that said resolution be adopted.
Resolution No. 2002-28 was adopted by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Absent: Council Member/Commissioner Lien.
29. Approve - terms and provisions - Amendment to Lease between the City of
San Bernardino & the San Bernardino Stampede, Inc. - Memorandum of
Understanding between the City of San Bernardino, San Bernardino
Stampede, Inc. & Arrowhead Central Credit Union - authorize execution of
both documents by the Mayor of the City of San Bernardino
RES. 2002-29 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the terms and provisions of the Amendment to
Lease between the City of San Bernardino and the San Bernardino
Stampede, Inc. and authorizing the Mayor of the City of San Bernardino to
execute said document. (29A)
RES. 2002-30 - Resolution of the Mayor and Common Council of the City
of San Bernardino approving the terms and provisions of the Memorandum
of Understanding between the City of San Bernardino, San Bernardino
Stampede, Inc., and Arrowhead Central Credit Union and authorizing the
Mayor of the City of San Bernardino to execute said document. (29B)
14
0112212002
Council Member/Commissioner McCarnmack made a motion, seconded by
Council Member/Commissioner Estrada, that said resolutions A & B, be
adopted.
Resolution Nos. 2002-29 and 2002-30 were adopted by the following vote:
Ayes: Council Members/Commissioners Estrada, Schnetz, Suarez, Anderson,
McCammack. Nays: None. Abstentions: Council Member/Commissioner
McGinnis. Absent: Council Member/Commissioner Lien.
Recess Meeting
At 11:55 a.m., Mayor Pro tern/Acting Chairman Anderson recessed the meeting to 2
p.m. in the Council Chambers of City Hall.
Community Development Commission/San Bernardino Joint Powers Financing
Authority/San Bernardino Park Acquisition Joint Powers Financing Authority/San
Bernardino Associated Communities Financing Authority - Joint Regular Meeting
At 2:05 p.m., Mayor Pro Tem/ Acting Chairman Anderson called to order the joint
regular meeting of the Community Development Commission/San Bernardino Joint
Powers Financing Authority/San Bernardino Park Acquisition Joint Powers Financing
Authority/San Bernardino Associated Communities Financing Authority and Mayor and
Common Council.
Roll Call
Roll call was taken by City Clerk Clark with the following being present: Mayor Pro
Tern/ Acting Chairman Anderson; Council Members/Commissioners Estrada,
McGinnis, Suarez, Anderson, McCammack; Senior Assistant City Attorney Carlyle,
City Clerk Clark, Economic Development Agency Special Counsel Sabo and Executive
Director Van OsdeL Absent: Council Members/Conuuissioners Lien, Schnetz.
R30. Public Hearing - sale of certain real properties to the San Bernardino City
Unified School District (Continued from January 7, 2002)
Resolution of the Community Development Commission approving and
authorizing the Redevelopment Agency of the City of San Bernardino to sell
certain vacant parcels located at 9th & Del Rosa (AP#278-061-54, 68, 74 &
75; 278-201, 30, 31, 32, 33 & 34); and certain other vacant parcels located
on 20th Street between Arden and Guthrie (2241, 2251, 2261, 2271, 2291,
2311, 2321, 2331, 2371, 2381 and 2391 20th St.), collectively herein after
referred to as the Properties. (R30A)
15
0112212002
Resolution of the Mayor and Common Council of the City of San
Bernardino acknowledging receipt of that certain 33433 Summary Report
and consenting to the sale of the properties (9th/Del Rosa -AP#278-061-54,
68, 74, & 75; 278-201-30, 31, 32, 33 & 34) and certain other vacant parcels
located on 20th Street between Arden and Guthrie (2241, 2251, 2261, 2271,
2291, 2311, 2321, 2331, 2371, 2381 and 2391 20th Street) by the
Redevelopment Agency of the City of San Bernardino to the San
Bernardino City Unified School District and acknowledging receipt of a
report relating to the sale of said properties. (R30B)
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that said resolutions be tabled.
The motion carried by the following vote: Ayes: Council
Members/Commissioners Estrada, McGinnis. Suarez, Anderson, McCammack.
Nays: None. Absent: Council Members/Commissioners Lien, Schnetz.
Council Member/Commissioner Schnetz Arrived
At 2:10 p.m., Council Member/Commissioner Schnetz arrived at the
Council/Commission meeting.
R31. Public Hearing - sale of Redevelopment Agency owned land to San
Bernardino City Unified School District
RES. CDC/2002-5 - Resolution of the Community Development
Commission approving and authorizing the Redevelopment Agency of the
City of San Bernardino ("Agency") to sell certain vacant parcels generally
located at 9th and Del Rosa (AP#278-061-54, 68, 74, & 75; 278-201-30, 31,
32, 33 & 34) (the "site") to the San Bernardino City Unified School District
(the "District") pursuant to a purchase contract and making certain
findings with respect to said sale by the Agency and repayment of Agency
low/mod housing funds. (R31A)
RES. 2002-31 - Resolution of the Mayor and Common Council of the City
of San Bernardino (1) acknowledging receipt of a 33433 Summary Report
relating to the sale of the 9th and Del Rosa (approximately 73 acres) site as
described in Motion A and (2) authorizing and consenting to the sale of the
site by the Agency to the District. (R31B)
16
01122/2002
RES. CDC/2002-6 Resolution of the Community Development
Commission approving and authorizing the Redevelopment Agency of the
City of San Bernardino ("Agency") to sell eleven (11) vacant parcels on 20th
Street between Arden and Guthrie Streets (2241, 2251, 2261, 2271, 2291,
2311, 2321, 2331, 2371, 2381 and 2391 20th Streets) (the "Properties") to the
San Bernardino City Unified School District (the "District") pursuant to a
purchase contract and making certain findings with respect to said sale by
the Agency and the repayment of Agency low/mod housing funds. (R31C)
RES. 2002-32 - Resolution of the Mayor and Common Council of the City
of San Bernardino (1) acknowledging receipt of a 33433 Summary Report
relating to the sale of eleven (11) vacant properties on 20th Street as
described in Motion C and (2) authorizing and consenting to the sale of the
properties by the Agency to the District. (R31D)
Mayor Pro Tern/Acting Chairman Anderson opened the hearing.
Maggie Pacheco, Economic Development Agency Director of Housing and
Community Development, provided background information.
Council Member/Commissioner McGinnis inquired whether the school district
was purchasing the alley that runs east and west, south of 20th Street, or would
the alley have to be vacated at a later time.
Ms. Pacheco stated that initially the City planned to vacate that alley to
accommodate some of the parking improvements they were proposing.
Michael Perez, San Bernardino City Unified School District, stated that the
school district looked forward to working with City staff to vacate the alley.
Valerie Ross, City Planner, stated that the school district had recently released
notices of preparation for environmental impact reports for the elementary
school located downtown at "F" and "Goo and Sixth Streets, and also for a
middle school in the Verdemont area. Ms. Ross indicated that the City would
rely on the district's environmental document to do its review including street
vacations on the downtown site.
Council Member/Commissioner Schnetz stated that he would be abstaining from
discussion on motions C and D due to the fact that he has a client who owns
property adjacent to the subject property and is in negotiations with the school
district on the same issue.
Pursuant to Resolution No. 2000-279, City Clerk Clark administered an oath to
the following individual that he would provide truthful and honest testimony:
17
0112212002
George W. Schnarre, Commerce Title, 3466 N. Sepulveda, San Bernardino,
CA, introduced his company, formerly known as Benefit Land Title, which
provides quality title and escrow services, and stated that his office could
provide further historical data on the subject properties such as easements,
vacations, and rights-of-way to anyone interested.
Council Member/Commissioner Estrada stated that she was opposed to the sale
of the parcels at 9th and Del Rosa because she felt there had not been enough
done to try to find property for schools on the southwest side of the City of San
Bernardino. Ms. Estrada stated that as a long time advocate of education, she
argued against the closure of many schools on the west and southwest sides of
San Bernardino, and still questions why no new schools are being planned for
the west side of San Bernardino. She stated that she could not vote in support of
a site for another high school to be built anywhere else but on the southwest or
the west sides of San Bernardino. Ms. Estrada stated that she would not give up
and would pursue the matter further.
Mr. Perez agreed with Ms. Estrada, stating that schools need to be built in the
communities where the students live. He stated that the school district is
working with Valley College and will soon be placing some buildings on the
facility. He indicated that several high school students are currently attending
the college as a high school and are receiving college credits. Mr. Perez stated
that Pacific, San Bernardino, and San Gorgonio High Schools each have over
2,500 students and they are trying to place a school in that area to help bring
those populations down to a more reasonable level. He stated that the school
district is currently performing demographic studies to show where the children
live and where the schools need to be located.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that the hearing be closed; and that said
resolutions A & B, be adopted.
The motion carried and Community Development Commission Resolution No.
CDC/2002-5 and Mayor and Common Council Resolution No. 2002-31 were
adopted by the following vote: Ayes: Council Members/Commissioners
McGinnis, Schnetz, Suarez, Anderson, McCammack. Nays: Council
Member/Commissioner Estrada. Absent: Council Member/Commissioner
Lien.
Council Member/Commissioner McCammack made a motion, seconded by
Council Member/Commissioner Suarez, that said resolutions C & D, be
adopted.
18
0112212002
Community Development Commission Resolution No. CDC/2002-6 and Mayor
and Common Council Resolution No. 2002-32 were adopted by the following
vote: Ayes: Council Members/Commissioners Estrada, McGinnis, Suarez,
Anderson, McCammack. Nays: None. Abstentions: Council
Member/Commissioner Schnetz. Absent: Council Member/Commissioner
Lien.
32. Public Comments
There were no public comments.
33. Adjournment
At 2:49 p.m., the Council/Commission meeting adjourned to 7:30 a.m., Friday,
January 25, 2002, at Cal State University, San Bernardino, California. The
next joint regular meeting of the Mayor and Common Council and Community
Development Commission is scheduled for 8 a.m., Monday, February 4, 2002,
in the Council Chambers of City Hall, 300 North "D" Street, San Bernardino,
California.
RACHEL G. CLARK
City Clerk
By4dA-' ~A)
Linda Sutherland
Deputy City Clerk
No. of Items: 33
No. of Hours: 4.5
19
01/22/2002